HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 09/05/2006 ! •
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City of Kent
City COUnd MeetIng
Agenda
September
5, 2006
-Mayor Suzette Cooke
Deborah Ranniger, Council President
nt
! Tim Clark Debbie
Ron Harmon Raplee
Bob O'Brien Les Thomas
Elizabeth Watson
KENT
WASH, 'Tom
City Clerk s Office
i
KENT CITY COUNCIL AGENDAS
"'447 KENT September 5, 2006
W^5 H I N GTON 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 Green River Gorge Greenway Lisa Parsons 15 min
2. Transportation Master Plan Options Larry Blanchard 45 min
COUNCIL MEETING AGENDA
7:00 p.m.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. CHANGES TO AGENDA /) M M-
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
IMayor.
4. PUBLIC COMMUNICATIONS
A Swearing In of Police Chief /\ f
B. Public Recognition SLR► ao/ vl S7v✓«
C. Community Events
D. Employee of the Month
E Neighborhood;Program Presentation
F. Sister City Honors and Awards Presentation
iG. Introduction of Appointee
5. PUBLIC HEARINGS
A. LID 359— 116th Avenue SE Street and Utility (Kent Kangley Road to SE 256th),
Formation—,®r inance 3 Cb
6. CONSENT CALENDAR
A. Minutes of Previous Meeting—Approve
B. Payment of Bills—None
j
(Continued)
COUNCIL MEETING AGENDA CONTINUED
C. Crime Victim/Witness Coordinator—Authorize
D. 2006 Computer Replacement Plan— Authorize
E. Historic Preservation Or mance—Adopt U
F Nonconforming Lotsnmg Code Amendment—Approve
G. mance Amending Fire Code—Adopt 3$1 U
H. TTuth Property Statutory Warranty Deed and Temporary Construction Easement
Agreement—Authorize and Accept
I. Condemnation Or nances for S. 228th and 277th Street Corridor Extension
Projects—Adopt 3 5511 -V j � 1 3'
J. Appointment to Drinking Driver Task Force—Confirm
K. Commercial Motor Vehicles in Residential Zones, Zoning Code Amendment
1,Ord�nance —Adopt j � 13
L. 2007 Annual Budget— Set Hearing Date
M. 2007-2012 Capital Improvement Plan—Set Hearing Date
7. OTHER BUSINESS t
A. Westview Malik Rezone, Or nance3 (QUASI-JUDICIAL)
B. Kent Events Center Report
C. LID 361, S. 272/277 Corridor Improvements, Res lution Setting Hearing Date
8. BIDS (� 3 3
None
9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL
COMMITTEES
10. CONTINUED COMMUNICATIONS
it. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION
A. Pending Litigation
B. Property Acquisition
12. ADJOURNMENT
1 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.
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ICHANGES 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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1
1
1
1
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1
1
1
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PUBLIC COMMUNICATIONS
A) SWEARING IN OF POLICE CHIEF
B) PUBLIC RECOGNITION
t
C) COMMUNITY EVENTS
i
D) EMPLOYEE OF THE MONTH
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E) NEIGHBORHOOD PROGRAM PRESENTATION
F) SISTER CITY HONORS AND AWARDS PRESENTATION
1 G) INTRODUCTION OF APPOINTEE
1
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Kent City Council Meeting
Date September 5, 2006
Category Public Hearings
1 I. SUBJECT: LID 359 — 116TH AVENUE SE STREET AND UTILITY (KENT
KANGLEY ROAD TO SE 256TH), FORMATION—ORDINANCE
2. SUMMARY STATEMENT: This date has been set to consider formation of Local
Improvement District 359, which provides for the issuance and sale of LID warrants and
orders construction of various improvements related to the widening of 1161h Avenue SE
between Kent Kangley Road and SE 256th Street, on the condition that a portion of the cost is
funded through special assessments derived from the LID
The purpose of tonight's public hearing is to take public testimony regarding whether or not
the city should form this LID We are not hereto decide or discuss any proposed assessments.
i There will be a separate hearing where any affected property owner can appear to discuss or
object to his or her proposed assessment. At the conclusion of the hearing, council will
determine whether the improvements are in the best interest of the City. If Council so
idetermines, passage of this ordinance will form LID 359.
3. EXHIBITS: Ordinance
4. RECOMMENDED BY: Council
(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:
A. Councilmember moves, Councilmember seconds
t close e public hearing
B. Councilmember moves, Councilmember seconds
to adopt Ordinance No. 380g , authorizing the formation of Local Improvement
District No. 359, providing for the issuance of LID warrants or bonds, and ordering
construction of the referenced roadway, sanitary sewer, and water main improvements
and the construction of a storm water detention pond.
DISCUSSION: —�
iACTION:
Council Agenda
Item No. 5A
i
1
ORDINANCE NO.
AN ORDINANCE of the City of Kent,
Washington, ordering the construction of roadway
improvements, sanitary sewer improvements, water
main improvements, and a storm water detention pond,
all in accordance with Resolution No. 1728 of the City
Council, establishing Local Improvement District No. 359
and ordering the carrying out of the proposed
i improvements; providing that payment for the
improvements be made in part by special assessments
upon the property in the District, payable by the mode
i of "payment by bonds", and providing for the issuance
and sale of local improvement district warrants
redeemable in cash or other short-term financing and
local improvement district bonds
RECITALS
A. By its adoption of Resolution No. 1728 on August 1, 2006, the city
council declared its intention to order the construction of roadway improvements,
sanitary sewer improvements, water main improvements, and a storm water
' detention pond, and fixed September 5, 2006, at 7:00 p.m., local time, in the
council chambers of city hall as the time and place for hearing all matters relating
i to the proposed improvements and all comments thereon and objections thereto
and for determining the method of payment for the improvements.
iB. The city's Public Works Director caused an estimate to be made of
the cost and expense of the proposed improvements and certified that estimate to
ithe city council, together with all papers and information in his possession
touching the proposed improvements, a description of the boundaries of the
proposed local improvement district, and a statement of what portion of the cost
and expense of the improvements should be borne by the property within the
proposed district.
i -1- LID 359 FORMATION ORDINANCE
C. That estimate is accompanied by a diagram of the proposed
improvements showing thereon the lots, tracts, parcels of land, and other property
which will be specially benefited by the proposed improvements and the estimated j
cost and expense thereof to be borne by each lot, tract, and parcel of land or other
property.
D. Due notice of the above hearing was given in the manner provided
by law, and the hearing was held by the city council on the date and at the time
above mentioned, and all persons appearing at such hearing and wishing to be
heard were heard, and all objections to the proposed improvements were duly ,
considered and overruled by the city council.
E. The city council has determined it to be in the best interests of the ,
city that the improvements as hereinafter described be carried out and that a local
improvement district be created in connection therewith;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The city council of the city of Kent, Washington, orders the
improvement of the properties within the area described in Exhibit A, attached
hereto and by this reference made a part hereof, by constructing roadway
improvements, sanitary sewer improvements, water main improvements, and a
storm water detention pond.
All of the foregoing shall be in accordance with the plans and specifications '
therefor prepared by the city Public Works Director, and may be modified by the
city council as long as such modification does not affect the purpose of the
improvements. ,
Section 2. There is created and established a local improvement district to ,
be called Local Improvement District No. 359 of the city of Kent, Washington (the
"District"), the boundaries or territorial extent of the District being more
particularly described in Exhibit A for the purpose of making the improvements
described in Exhibit B, attached hereto and by this reference incorporated herein.
Section 3. The total estimated cost and expense of the improvements is ,
declared to be $6,702,000. Approximately $2,015,197.60 of the cost and expense
-2- LID 359 FORMATION ORDINANCE '
shall be borne by and assessed against the properties specially benefited by such
improvements included in the District which embraces as nearly as practicable all
property specially benefited by such improvements and the balance of such cost
and expense shall be paid by the city and from grants.
Section 4. In accordance with the provisions of RCW 35.44.047, the city
may use any method or combination of methods to compute assessments which
may be deemed to more fairly reflect the special benefits to the properties being
jassessed than the statutory method of assessing the properties.
Section 5. No property, any portion of which is outside the District, may
connect to the utility improvements constructed or made a part of such District
unless either that property shall have been subject to the special assessments on
the assessment roll for that District or the owners of that property shall have paid
prior to such connection a charge in lieu of assessment which shall be at least the
equivalent of those assessments which would have been applied to that property
had it been included within that District.
Section 6. Local improvement district warrants may be issued in payment
of the cost and expense of the improvements herein ordered to be assessed, such
warrants to be paid out of the Local Improvement Fund, District No. 359,
hereinafter created and referred to as the Local Improvement Fund, and, until the
bonds referred to in this section are issued and delivered to the purchaser thereof,
to bear interest from the date thereof at a rate to be established hereafter by the
city's Finance Department Director, as issuing officer, and to be redeemed in cash
and/or by local improvement district bonds herein authorized to be issued, such
interest-bearing warrants to be hereafter referred to as "revenue warrants." In
the alternative, the city hereafter may provide by ordinance for the issuance of
other short-term obligations pursuant to chapter 39.50 RCW.
If the city shall authorize expenditures to be made for such improvements
(other than for any cost or expense expected to be borne by the city) prior to the
date that any short-term obligations or local improvement district bonds are issued
to finance the improvements, from proceeds of interfund loans or other funds that
are not, and are not reasonably expected to be, reserved, allocated on a long-term
basis or otherwise set aside to pay the cost of the improvements herein ordered to
be assessed against the property specially benefited thereby, the city declares its
-3- LID 359 FORMATION ORDINANCE
official intent that those expenditures, to the extent not reimbursed with prepaid r
special benefit assessments, are to be reimbursed from proceeds of short-term
obligations or local improvement district bonds that are expected to be issued for t
the improvements in a principal amount not exceeding $6,702,000.
The city is authorized to issue local improvement district bonds for the
District which shall bear interest at a rate and be payable on or before a date to be
hereafter fixed by ordinance. The bonds shall be issued in exchange for and/or in
redemption of any and all revenue warrants issued hereunder or other short-term
obligations hereafter authorized and not redeemed in cash within twenty days i
after the expiration of the thirty-day period for the cash payment without interest
of assessments on the assessment roll for the District. The bonds shall be paid ,
and redeemed by the collection of special assessments to be levied and assessed
against the property within the District, payable in annual installments, with
interest at a rate to be hereafter fixed by ordinance under the mode of "payment
by bonds," as defined by law and the ordinances of the city. The exact form,
amount, date, interest rate, and denominations of such bonds hereafter shall be
fixed by ordinance of the city council. Such bonds shall be sold in such manner as '
the city council hereafter shall determine.
Section 7. For the purpose of paying all or a part of the costs of carrying
out the improvements within the District pending the receipt of the proceeds of the
issuance and sale of the bonds or short-term obligations referred to in Section 5,
interfund loans from the General Fund and/or Sewer Fund to the Local
Improvement Fund in the maximum aggregate amount of $6,702,000 are ,
authorized and approved, those loans to be repaid on or before the issuance of
such bonds or obligations from the proceeds thereof. Each of the interfund loans
shall bear interest at a variable rate, adjusted the 151h and last day of each month, '
equal to the interest rate of the State of Washington Local Government
Investment Pool on the 151h and last day of each month. The initial interest rate
on the date of each interfund loan shall be determined as of the last preceding
interest payment adjustment date.
-4- LID 359 FORMATION ORDINANCE
1
rSection 8. In all cases where the work necessary to be done in connection
with the making of such improvements is carried out pursuant to contract upon
rcompetitive bids (and the city shall have and reserves the right to reject any and
all bids), the call for bids shall include a statement that payment for such work will
be made in cash warrants drawn upon the Local Improvement Fund.
Section 9. The Local Improvement Fund for the District is created and
established in the office of the Finance Department Director of the city. The proceeds
from the sale of revenue warrants or other short-term obligations drawn against the
fund which may be issued and sold by the city and the collections of special
assessments, interest, and penalties thereon shall be deposited in the Local
Improvement Fund. Cash warrants to the contractor or contractors in payment for
the work to be done by them in connection with the improvements and cash warrants
in payment for all other items of expense in connection with the improvements shall
be issued against the Local Improvement Fund.
rSection 10. Within 15 days of the passage of this ordinance there shall be
filed with the city clerk the title of the improvements and District number, a copy
of the diagram or print showing the boundaries of the District and the preliminary
assessment roll or abstract of such roll showing thereon the lots, tracts and parcels
' of land that will be specially benefited thereby and the estimated cost and expense
of such improvements to be borne by each lot, tract or parcel of land. The city
clerk immediately shall post the proposed assessment roll upon her index of local
improvement assessments against the properties affected by the local
rimprovement.
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-5- LID 359 FORMATION ORDINANCE
Section 11. This ordinance shall take effect and be in force five days from
and after its passage, approval, and publication as required by law.
SUZETTE COOKE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK ,
APPROVED AS TO FORM:
FOSTER PEPPER PLLC
Special Counsel and Bond Counsel
Passed the _ day of September, 2006
Approved the day of September, 2006
Published the _ day of September, 2006
i
-6- LID 3S9 FORMATION ORDINANCE
Exhibit A
1 L.I.D. Boundary Description
L.I.D. 359 — 116"' Avenue S.E. Street and Utility Improvements
That portion of the northwest quarter of Section 28, Township 22 North, Range 5 East, W M.
and the northeast quarter of Section 29, Township 22 North, Range 5 East, W.M., all in King
County, Washington, described as follows:
Commencing at the northeast corner of said Section 29; thence S001356'55"W, along the
east line of said Section 29, a distance of 660 21 feet to the southeast corner of the
northeast quarter of the northeast quarter of the northeast quarter of said Section 29 and
the TRUE POINT OF BEGINNING; thence N88°03'55"W, along the south line of said
subdivision, 655.92 feet to the west line of the east half of the northeast quarter of the
northeast quarter of said Section 29; thence S00035'16"W, along said west line, 165.60 feet
to the south line of the north half of the north half of the south half of the east half of the
northeast quarter of the northeast quarter of said Section 29; thence S881,06'42"E, along
said south line, 654 87 feet to the east line of the northeast quarter of said Section 29;
thence S00056'55"W, along said east line, 165.05 feet to the south line of the north half of
the southeast quarter of the northeast quarter of the northeast quarter of said Section 29;
thence N88109'29"W, along said south line, 366.75 feet to the east line of the west 287.00
feet of the east half of the northeast quarter of the northeast quarter of said Section 29;
thence S00035'16"W, along said east line, 330.74 feet to the south line of the northeast
quarter of the northeast quarter of said Section 29, thence N88015'05"W, along said south
line, 36 61 feet; thence S011106'30"W 325.20 feet, thence N89001'18"E 178.31 feet; thence
S02040'13"W 181.41 feet to the northeasterly margin of SR 516 (a.k.a Kent-Kangley
Highway), thence S61005'12"E, along said northeasterly margin, 259.70 feet to the east
line of said Section 29; thence continuing S61005'12"E, along said northeasterly margin,
' 580 16 feet to the east line of Lot 1, King County Short Plat, KCSP 382004R, recorded under
King County Recording Number 8509090500, thence NO2°17'22"E, along said east line,
227.16 feet; thence N87'42'38"W, along the north line thereof, 20315 feet to the
southwest corner of Lot 7 of Seven Oaks Terrace, as recorded in Volume 142 of Plats, pages
42 and 43, records of King County, thence N02017'41"E, along the west line of said plat,
656.48 feet to the south line of the northwest quarter of the northwest quarter of said
Section 28 and an angle point in the west line of said plat; thence N00057'50"E along the
' west line of Seven Oaks Division 1, as recorded in Volume 127 of Plats, pages 3 and 4,
records of King County, a distance of 660.20 feet to the south line of the northwest quarter
of the northwest quarter of the northwest quarter of said Section 28; thence N88056'39"W
' along said south line, 330.24 feet to the TRUE POINT OF BEGINNING.
Exhibit A
Exhibit B ,
Description of Improvements
L.I.D 359 — 116th Avenue S.E. Street and Utility Improvements
Roadway Improvements:
The roadway improvements include widening to 5 lanes ( 2 lanes each direction with a
center turn lane), bike lanes, curb and gutter, sidewalk, channelization, signing, storm
drainage including stubs to the adjacent properties, street lighting, street trees and
undergrounding of overhead power and telephone wires. Also included is widening on Kent
Kangley Road at the intersection with 116`h Avenue to provide for additional turn lanes The
project also includes the purchase of additional right of way to accommodate the widening.
ON FROM TO
116TH Ave S.E. Kent Kangley Road (SR 516) approximately 140 feet
south of S.E. 256�h Street
(L.I D. assessments are to
approximately 660 feet
south of S.E. 2561:h Street)
Kent Kangley Road approximately 300 feet west approximately 970 feet
of 116t° Ave. S.E. east of 116th Ave. S.E.
(There are no street assessments along Kent Kangley Road.)
Sanitary Sewer Improvements:
The project consists of installing an eight-inch diameter sanitary sewer collection system ,
complete with manholes to service all properties within the L I.D. boundary not currently
serviced by sanitary sewer Six-inch diameter side sewer stubs from the main line to the
property lines at the street are also included For properties where future multiple
connections are anticipated, the appropriate number of stubs are included. Where there is ,
anticipated significant future development, an eight inch stub is included.
Water Main Improvements:
Stubs and services from the existing water main to accommodate future development will
be installed to the edge of the right of way. This work includes one inch service lines for
anticipated future lots or where required, an eight inch stub for a main line extension. '
Storm Water Detention:
A storm water detention pond will be constructed at the northeast corner of 116th Avenue
S.E and S.E 2591h Place Included is purchase of property for the pond. ,
Exhibit B
CERTIFICATION
1 I, the undersigned, city clerk of the city of Kent, Washington, hereby certify
as follows:
' 1. The attached copy of Ordinance No. is a full, true and correct
copy of an ordinance duly passed at a regular meeting of the city council of the
city held at the regular meeting place thereof on September 5, 2006, as that
ordinance appears on the minute book of the city; and the ordinance will be in full
force and effect five days after the publication of its summary in the city's official
newspaper; and
2. A quorum of the members of the city council was present
throughout the meeting and a majority of those members present voted in the
proper manner for the passage of the ordinance.
IN WITNESS WHEREOF, I have hereunto set my hand this day of
September, 2006.
CITY OF KENT, WASHINGTON
BRENDA ]ACOBER, City Clerk
' 50721235 2
CONSENT CALENDAR
6. Citv Council Action:
Councilmember moves, Councilmember
seconds to approve Consent Wlendar Items A through M.
Discussion
' Action
' 6A. Approval of Minutes.
Approval of the minutes of the regular Council meeting of August 15, 2006.
6B Approval of Bills.
' Numbers were not available for approval.
' Council Agenda
Item No. 6 A-B
t • Kent City Council Meeting
K E N T August 15, 2006
WASHINGTON
A regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke.
Councilmembers present Clark, Harmon, O'Brien, Ranniger, Raplee, Thomas and Watson
(CFN-198)
CHANGES TO AGENDA
A. From Council, Administration, or Staff. (CFN-198) CAO Hodgson removed Consent
Calendar Item L, Muth Property Statutory Warranty Deed and Temporary Construction
Easement Agreement, from the agenda and noted it will appear on the agenda of September 5.
He also added Other Business Item B, a Resolution relating to the Kent Events Center
B From the Public. (CFN-198) At the request of Martin Plys, Continued Communications
Item l0A relating to the clean-up of West Hill was added.
' PUBLIC COMMUNICATIONS
A. Public Recognition. (CFN-198) Mayor Cooke congratulated Assistant Fire Chief/
' Emergency Manager Dominic Marzano on being appointed to the Regional Homelands Security
Subcommittee for Emergency Management.
B. Communitv Events. (CFN-198) Clark noted that there will be an opportunity to vote in
November on the regional transportation investment district, and that an informational meeting
will be held in Federal Way. He said anyone who is interested in attending should contact the
' Public Works Department.
C. Kent Parks Foundation/Starbucks Donation. (CFN-118) Interim Parks Director Hogan
explained that the City recently received a neighbor parks grant in the amount of$15,000 from
Starbucks for use at Clark Lake Park. Mark Albertson, a member of the Parks Foundation
Board, then thanked the Parks Department and presented the check to Mayor Cooke
PUBLIC HEARINGS
A. Six-Year Transportation Improvement Plan. (CFN-164) The City is required to update
' the Six-Year Transportation Improvement Plan each year. The proposed resolution will approve
the 2007-2012 Plan
Transportation Engineering Manager Mullen outlined the plan, highlighting the newly added
items and changes, and answered questions from Council members relating to projects on Kent-
Kangley Road, West Valley Highway, and Meeker Street.
' Mayor Cooke opened the public hearing. Paul Morford, P. O Box 6345, Kent, spoke about
traffic back-ups at the Willis Street off-ramp and the lack of ambulance access to North Park,
' and said those should be on the Six Year Plan. RAPLEE MOVED to close the public hearing.
Harmon seconded and the motion carried.
' 1
Kent City Council Minutes August 15, 2006
RAPLEE MOVED to adopt Resolution No 1729 adopting the City's 2007 through 2012 Six- '
Year Transportation Improvement Plan Harmon seconded Clark clarified that funds are
available only for projects in the first two years of the plan, and that other agencies must
participate in some projects. Upon a question from Ranmger regarding timing, Mullen noted that
the Plan can be amended at any time, and that project-specific impacts can be mitigated. Mullen
explained for O'Brien what has been done in the North Park area, noting that emergency
responders are confident they can get and out of the area Harmon called for the question and the
motion carried.
B. Critical Areas Regulations Amendments. (CFN-961) This date has been set for a public
hearing on amendments to the Critical Areas Ordinance, in response to the decision of the ,
Growth Management Hearings Board that the City's CAO does not comply with the Growth
Management Act. RANNIGER MOVED to add the word "wetland" before biologist in Section
11 06.600 C 2 on page 15 of the proposed ordinance Harmon seconded and the motion carried. '
CLARK MOVED to make letters from Mary J. Roberts, Fonda Rae Zimmerman, Andy
McMillan, and Clint Tullis a part of the record. Raplee seconded and the motion carried.
Mike Mactutis, Environmental Engineering Manager, gave a recap of the issue and explained '
revisions to the wetland rating system, wetland buffers and ratios, habitat corridors, accidentally
created wetlands and definitions Mayor Cooke opened the public hearing. The City Attorney '
clarified that this hearing is not about any particular project and that comments regarding the
critical areas ordinance and amendments only should be made Ted Nixon said it is his under-
standing that any appeal to the SEPA determination would not come before the City Council,
only the Hearing Examiner, and any appeal before the Hearing Examiner would be to Superior
Court. The City Attorney agreed that is true about SEPA issues, but not about the plat
application currently on file, and that speakers should address the issue in terms of regional
impact, not on a proposed plat Maxine Kesshng, 15241 NE 153`d Street, Woodinville, opined
that the Department of Ecology and the Hearings Board should have supported the City, and that
the City should not have yielded to the Department of Ecology David DeVore, 12633 SE 270`h
Street, stated that because of approvals of buildings in the area, his property has been flooded
and recommended adding "Any permit or land-use approvals, including reasonable use
determinations, shall reflect the value of private property lost or diminished from artificial '
wetlands" to the ordinance Leonard Bauer, Community Trade and Economic Development,
explained that their goal has been to help the City adopt an ordinance which retains flexibility to
help retain opportunities for economic development, housing and other goals and to provide for
science-based protections of the City's wetlands and the functions they provide. He opined that
the proposed ordinance meets these two goals. Richard Robahm, State Department of Ecology,
explained how the rating system was developed and noted that it is now function-based Ted '
Nixon, 911 E. Temperance Street, said the proposed ordinance is not balanced, logical, fair or
consistent. He provided the City Clerk with a list of four recommendations for the Council to
consider. Bill Floten, 8668 Island Drive South, Seattle, spoke about avoidance and suggested
there might be greater value in looking at a whole proposal. Sally McDonough, 26441 1371h
Avenue SE, spoke in favor of the proposed ordinance Clint Tullis, 16300 1841h Avenue SE, '
Renton, talked about a ditch which was turned ninety degrees and now gets plugged and backs
up He asked the Council not to vote on this issue tonight. Paul Morford, P. O Box 6345, Kent,
urged the Council not to change the existing ordinance because there is no data showing ,
2 ,
Kent City Council Minutes August 15, 2006
' anything is wrong with it. He provided an article regarding the Supreme Court ruling against
' excessive regulation, which WATSON MOVED to make a part of the record, as well as
Mr DeVore s packet of information. Thomas seconded and the motion carried Bill Dinsdale,
13700 SE 2661h, said this is an attempt to modify regulations which have been in place as the
community developed in order to reverse the process which happens when an urban area
develops, and that that will be fruitless Mike O'Neill, 26459 1371h Avenue SE, spoke in
opposition to the proposed ordinance due to the taking of property,but said he also wants to
protect the wetlands Brian McDonough, 26441 137`h Avenue SE, said the growing population
must be addressed and spoke in favor of the ordinance. Upon his question, the City Attorney
explained the history of the issue and the appeal process. John Welch, l 1405 SE 196"', said this
issue is not about environmental issues, but about muscle He asked the City to oppose the State.
Kathryn Sheldon, 23215 113`h Place SE, spoke in support of the proposed ordinance and urged
that the appeal be dropped HARMON MOVED to close the public hearing Clark seconded
and the motion carried THOMAS MOVED to make the letter from Maxine Keesling and the
recommendations submitted by Ted Nixon to the record. Ranniger seconded and the motion
carried.
' HARMON MOVED to adopt Ordinance No 3805 as amended, which amends Chapter 1106 of
the Kent City Code, entitled "Critical Areas" and to adopt Resolution No. 1730 which repeals the
Habitat Protection and Restoration Plan adopted by Resolution No. 1698 Rannrger seconded.
Upon Harmon's question, Public Works Director Blanchard explained that the Public Works
Department has applied for or received approximately $23,000,000 in grants from various
agencies, which are in various stages and are at risk O'Brien said he thinks between 200 and
500 lots would be lost because of the increased buffer area. Harmon called for the question and
upon a roll call vote, the motion to adopt Ordinance No 3805 carved with Clark, Harmon,
tRannrger and Watson in favor, and O'Brien, Raplee and Thomas opposed.
Upon a suggestion from O'Brien, the Mayor asked staff to investigate the possibility of first,
second and third readings
C. Commercial Motor Vehicles in Residential Districts, Zoning Code Amendment.
' (CFN-131) Planning Manager Anderson explained the history of this issue, and noted that most
complaints related to noise, visual blight, safety of other vehicles and having a commercial
operation in a residential district She added that several different codes have been used to make
determinations in the past, and that the code needs to be clarified She said the recommendation
from the Planning and Economic Development Committee is twofold: 1) that the vehicles not be
allowed in SR-1 zoning and 2) that in SR-6 zones or higher, a special home occupation permit
would be required She noted that the vehicles would be allowed in SR-3 and SR-4 5 districts.
She explained the home occupation permit process, and presented photos of commercial vehicles
parked in residential districts.
Mayor Cooke opened the public hearing. Judith Hanford, 24736 136`h Avenue SE, said that the
vehicles are a public hazard, that the property rights of neighbors are impinged, and that
commercial businesses should not be subsidized by providing parking for their trucks. Dick
Kroniek, 23307 981h Avenue South, said the ordinance should provide that trucks be set back
' 50 feet from the sidewalk on private property, on pavement, and that oil must be collected.
3
Kent City Council Minutes August 15, 2006
Tom Sharp, P O Box 918, Maple Valley, spoke in support of the ordinance as a start, and said if ,
it doesn't work, the trucks should be banned outright. Jerry Sanders, 23102 1 12`" Place SE,
provided a photograph of his 24 5 foot box truck, and spoke in favor of parking trucks in
residential districts as long as they are on private property. A brief discussion of the length and
definition of commercial motor vehicles was held. Kathryn Sheldon, 23215 1131h Place SE, said
that trucks should be parked at the location of the subcontractor, expressed concern about the
disposal of oil and fluids, and suggested reviewing the length of vehicles before making a
decision. Michael Harris, 12236 SE 259`" Place, said plats are not designed for commercial truck
parking, maintenance and repair It was noted that some of the existing restrictions are not being
enforced. CLARK MOVED to make the photographs and plat map part of the public record.
Thomas seconded and the motion carried HARMON MOVED to close the public hearing.
Clark seconded and the motion carried.
HARMON MOVED to approve the Planning and Economic Development Committee's
recommendation of approval of an amendment to the Kent Zoning Code to prohibit commercial
motor vehicles in residential districts with a comprehensive plan land use designation of Urban
Separator and a zoning designation of SR-1 and to direct the City Attorney to prepare the
necessary ordinance. Raplee seconded. Harmon explained his reasons for making the motion
and urged the Councilmembers to support it. It was clarified that the definitions of motor
vehicles and commercial motor vehicles are to remain as is. WATSON MOVED to make emails
from Roberto Garcia, Timothy Valvoda, David and Cathy D'Ambrosio, and Dennis D'Ambrosio
be made part of the record. Ranniger seconded and the motion carried with O'Brien opposed.
After comments from Councilmembers, Harmon called for the question and the motion directing
the City Attorney to prepare an ordinance carried
CLARK MOVED that the home occupation issue be referred to the Planning and Economic '
Development Committee for reconsideration at their August 23 meeting and that it be forwarded
to the City Council meeting of September 19 Thomas seconded. O'Brien said some excellent
suggestions had been made during the public hearing. Harmon called for the question and the
motion carried.
CONSENT CALENDAR
RANNIGER MOVED to approve Consent Calendar Items A through O, with the exception of
Item L which was removed from the agenda. Clark seconded and the motion carried.
A. Approval of Minutes. (CFN-198) The minutes of the regular Council meeting of August 1,
2006 were approved.
B. Approval of Bills. (CFN-104) Payment of the bills received through July 15 and paid on
July 31 after auditing by the Operations Committee on August 1, 2006 were approved.
Approval of checks issued for vouchers:
Date Check Numbers Amount i
7/31/06 Wire Transfers 2514-2529 $1,289,197.67
7/31/06 PrePays & Regular 596793-597438 4,804,290.13
Use Tax Payable 733.02
$6,094,220.82
4
Kent City Council Minutes August 15, 2006
Approval of checks issued for payroll for July 1 through July 15 and paid on July 20, 2006
' Date Check Numbers Amount
7/20'06 Checks 291920-292252 $ 258,101 21
7/20/06 Advices 199284-199980 1,299,091.25
Total Regular Payroll $1,557,192 46
C Washington State Military Department Grant Agreement. (CFN-122) The Mayor was
authorized to sign an agreement with the Washington State Military Department and accept a
reimbursable grant not to exceed $95,300 to be used for the purchase and implementation of
' WebEOC software.
D. Correctional Facility Control System Replacement Agreement. (CFN-122) The Mayor
was authorized to enter into an agreement with ECS Innovative Solutions to furnish and install
Correctional Facility Control System Replacement in the amount of$270,207, upon final terms
and conditions acceptable to the City Attorney's Office.
E Kidde Fire Trainers Lease Agreement Renewal. (CFN-122) The Mayor was authorized
to sign the renewal facility space Lease Agreement with Kidde Fire Trainers, which has been
changed from a yearly lease to a month-to-month lease
F. Local Trial Court Improvement Account, Municipal Judge Salary Adjustment.
(CFN-983) Staff was directed to participate in the Local Trial Court Improvement Account
program offered through the State of Washington and amend the 2006 budget to increase the
elected municipal judge salaries to $9,950 per month, beginning September 1, 2006. This will
allow the City to become eligible for additional municipal court funding once the City increases
its municipal judge salaries to no less than 90% of the salary for District Court Judges, as
established by the state Salary Commission
G. Hourly Rate Increase for Pro Tem Judges and Magistrates Ordinance. (CFN-983)
Ordinance No. 3806 which amends Section 2.34 050 of the Kent City Code, entitled"Municipal
Judge Salary—Costs," to increase the hourly rate paid to pro tern judges and magistrates serving
at the Kent Municipal Court was adopted.
H. 100th Avenue SE Sewer Main Extension Latecomer Agreement. (CFN-485) The
Latecomer Agreement for the 100`h Ave. SE Sewer Main Extension between the City of Kent
and Harry Singh Bapla, including Exhibits A, B, and C was authorized.
I. LID 340 Segregation Resolution. (CFN-1156) Resolution No 1731 which directs the
Finance Director to segregate Assessment No. 88 of Local Improvement District (LID) 340 into
two assessments was adopted
J. S. 228th Street Green River Bridge Mitigation. (CFN-171) The Mayor was authorized to
sign an agreement with King County to design,permit, and construct a riverbank enhancement
project near the S. 2281h Street Green River Bridge upon final terms and conditions acceptable to
the City Attorney and the Public Works Director.
5
Kent City Council Minutes August 15, 2006
K Kent Kangley Road at Rock Creek, Structural Report and Recommendations on
Bridge. (CFN-1038) The Mayor was authorized to enter into an interim design and repair
agreement with King County, not to exceed$75,000, for the repair of the Kent Kangley bridge
that crosses Rock Creek, upon final approval of the terms and conditions of the agreement by the
City Attorney and the Public Works Director.
M. Assessed Booking Fees Appeal Provision Ordinance Amending Kent City Code
Chapter 9.34.020. (CFN-122) Ordinance No 3807 which amends Kent City Code section
9 34 020 of the Kent City Code, entitled`Booking Fee Imposed," in order to add a provision
which allows the assessed fee to be appealed was adopted.
N Public Housing Safety Initiative Program. (CFN-122) The King County Authority Public i
Housing Safety Initiative was approved, and the Mayor was authorized to sign the agreement,
and establish a budget. This agreement follows the signing of a Memorandum of Understanding
in November 2005 between twelve agencies with a common goal of significantly reducing
violent crime and narcotics activity in three federally-assisted housing communities in the Kent
area- Sprmgwood Apartments, Valli Kee Homes and Cascade Apartments Police will staff the '
complexes with a uniformed Police Officer 26 hours per week and a Community Education
Specialist 20 hours per week.
O. S. 228th Military Road Widening. (CFN-1269) The S 228th Street Military Road
Widening project was accepted as complete and release of retainage was authorized
OTHER BUSINESS
A Garbage Collection Issues. (CFN-110) The City's solid waste collector determined that as
many as 7,000 residents may not be signed up for the minimum level of garbage service as
required by Kent City Code, and began sending notices to affected residents to sign up or be
subject to enforcement Administration will work with the solid waste collector to send out the
remaining notices and to assist residents with meeting the mandatory service requirements.
Mike Mactutis, Environmental Engineering Manager,explained that 3,040 letters have been sent
out so far, that there have been 600 code enforcement cases related to litter and garbage since
2001, and that there have been I I 1 this year. He added that clean up costs to the City were
$45,423 in 2005. Mactutis then explained the mandatory requirements and the reasons for them,
as well as the exemptions that have been given He outlined the area covered by each garbage
collector and spoke about code enforcement issues, special regulations for annexations, notifica-
tions which have been sent out and future mailing plans. A brief discussion of alternative ,
services such as every-other-week service and mini-cans was then held.
David DeVore suggested quarterly service for senior citizens Joan Baker, 13412 SE 282nd
asked that consideration be given to those who have a long distance to take their garbage for
pick-up Norman Baker, 13412 SE 282nd, said people who pay to take their garbage to the
transfer station should not have to pay for garbage service as well. Ranniger suggested that the
Public Works Department look at ways to build some flexibility into the ordinance. Walter Flue,
1105 E Seattle Street, said he only needs garbage pickup every two weeks, and suggested
looking at the alternative offered in Ocean Shores, who provides plastic bags which can be
returned to the City when full
6
iKent City Council Minutes August 15, 2006
RAPLEE MOVED to recommend that Administration temporarily suspend enforcement of
the penalties related to mandatory garbage service within the City of Kent in order for
Administration to consider public feedback regarding this issue. Harmon seconded. It was
clarified that the decision lies within the Mayor's administrative authority. Raplee suggested
postponing the decision until the committee has time to look at alternatives Harmon called for
the question and the motion carried
ADDED ITEM
B Kent Events Center. (CFN-1305) CAO Hodgson explained that the proposed resolution
authorizes reimbursement of capital expenses and creates the program in the event that the City
I moves forward on issuing bonds for the Events Center, and authorizes the transfer of$50,000 to
keep the project going through September 5, 2006 RANNiGER stated that this is a unique
opportunity and that time is of the essence and MOVED to adopt Resolution No. 1732 authonz-
mg reimbursement of capital expenditures connected to building the proposed events center from
proceeds of future bonds, if the City issues bonds for the events center, and to authorize the
Mayor to transfer $50,000 from the Capital Improvements Fund, fund balance, and to establish a
project budget for the proposed Kent events center in that amount to cover anticipated due
diligence expenditures through to September 5, 2006 Clark seconded and the motion carried.
BIDS
A East Seattle Street Water and Sewer Replacement. (CFN-1038) The bid opening for
this project was held on August 8, 2006, with six bids received. The low bid was submitted by
Dickson Company. RAPLEE MOVED to award the contract to Dickson Company in the
amount of$666,378.78. Harmon seconded and the motion carried
REPORTS
Operations Committee. (CFN-198) Clark noted that Ranniger will attend the meeting in his
absence
Parks and Human Services Committee. (CFN-198) Ranniger noted that the August meeting
has been cancelled, and displayed a copy of the new brochure containing a resource guide to all
human services offered in the community.
Planning and Economic Development Committee. (CFN-198) Harmon noted that the next
meeting will be August 21 at 4:00 p.m., and that they will discuss historical preservation
Public Safety Committee. (CFN-198) Hannon noted that the next meeting will be held on
August 22 at 5:00 p.m.
Public Works Committee. (CFN-198) Raplee noted that the next meeting will be held at
5 00 p m. on August 21.
Administration. (CFN-198) Hodgson noted that property acquisition will not be discussed
during the Executive Session and that a 540 minute Session relating to pending litigation is
necessary, with no action anticipated.
Kent City Council Minutes August 15, 2006
CONTINUED COMMUNICATIONS
ADDED ITEM
A. Clean-up of West Hill. (CFN-198) It was noted that Martin Plys is no longer in attendance
at the meeting.
EXECUTIVE SESSION
The meeting recessed to Executive Session at 11.37 p.m , and reconvened at 11.50 p.m.
ADJOURNMENT
At 11:50 p m , WATSON MOVED to adjourn. Thomas seconded and the motion carried.
Brenda Jacober, CMC
City Clerk
1
I
1
1
8 �
Kent City Council Meeting
Date September 5, 2006
Category Consent Calendar
1. SUBJECT: CRIME VICTIM/WITNESS COORDINATOR —AUTHORIZE
2. SUMMARY STATEMENT: Create a new regular full-time Victim Coordinator
and Advocate position within the City Attorney's Office.
Prior to 2003, the City Attorney's Office operated with two full-time domestic violence
advocates However, since layoffs, the City has retained on staff only one full-time
advocate. Due to a steady increase in domestic violence cases, the City has been unable
to maintain the level of service provided in the past. As a result, some advocacy
services have been curtailed, delays have increased in responding to victims, and
assistance provided to victims has been reduced. The City Attorney's Office has
requested Council create a new position in 2006 to support our current advocate's
workload and to assist with the provision of advocacy services to crime victims.
3. EXHIBITS: Memo from City Attorney Tom Brubaker, 8/29/06
4. RECOMMENDED BY: Operations Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue?
Currently in the Budget? Yes X* No
If no: (*per Finance, can be absorbed in existing budget)
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION-
Council Agenda
Item No. 6C
OFFICE OF THE CITY ATTORNEY
Tom Brubaker, City Attorney
• Phone: 253-856-5770
K E N T Fax. 253-856-6770
"'AS H IN
G TO
N Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
August 29, 2006
To: Kent City Council
From: Tom Brubaker, City Attorney
Regarding: Crime Victim Coordinator and Advocate Position — Authorize
Kent has always taken pride as a regional leader when providing advocacy services to
domestic violence victims. However, due to a steady increase in the number of domestic
violence cases, the city's ability to maintain its level of service has suffered dramatically
(the city employed two advocates prior to layoffs and currently employs only one). For
example, the City Attorney's Office has found it necessary to curtail some advocacy
programs, such as the cell phone and hotel voucher programs. Moreover, there is a
significant delay in our advocate's ability to respond to service requests. Also, we have had
to reduce the assistance provided to victims relating to no contact orders. As the attached
chart and graphs show, Kent's single Domestic Violence Victim Advocate serves a much
higher number of victims than comparable cities. Please also note that these charts and
graphs do not reflect an 8% increase in domestic violence case filings and a 20% increase in
victim contacts Kent has realized in 2006.
In addition, while domestic violence victim advocacy has been a priority for Kent, there are
a number of other crime victims that request and need assistance in this city, including
victims of assault, "stranger stalking", DUI, and theft. Our advocate has taken on some
additional workload with borderline domestic violence cases, such as "stranger stalking"
cases. Other non-DV victims, however, receive minimal advocacy, and when the domestic
violence advocate does assist in non-DV related cases, her time is taken away from
domestic violence cases.
' As a result, the City Attorney's Office requests that council approve the new advocacy
position to support our current advocate's workload and to assist with the provision of
advocacy services to non-DV crime victims. Mayor Cooke is supportive of this position and
the Finance Department has indicated that sufficient funds are available to fund this position
for the remainder of the year. This is a support position, intended to track files, line up
witnesses, conduct telephone follow-up, provide advocacy services to non-DV crime victims,
etc., so that more of our advocate's time can be freed up to tackle priority tasks. The new
position, entitled "Victim Coordinator and Advocate" would be hired immediately and would
bring Kent's ratio of advocates to victims more in line with comparable cities. Also, with this
new position, the city would have enough staffing to manage the cell phone program, the
hotel voucher program, and other domestic violence programs that have traditionally been
highly valued in Kent.
Attached is a brief synopsis of the duties that would be assigned to the Victim Coordinator
and Advocate, as well as a comparison of Kent's workload statistics with surrounding
jurisdictions.
i
i
Memorandum:
August 29, 2006
Page: 2
GOAL SOUGHT BY NEW POSITION:
By hiring a Victim Coordinator and Advocate, Kent will be able to provide the following
services to its citizens.
• Enhance community education on safety and crime prevention.
• Pro-actively reach out to crime victims and educate them as to available services.
• Provide advocacy services to victims in non-domestic violence related crimes,
including DUI, theft, car prowl, auto theft, assault, etc.
• Gain compensation for crime victims who have suffered financial losses by
requesting restitution and helping them apply for reimbursement through the Crime
Victims Compensation Act.
• Create and implement a specific advocacy program for stranger stalking cases.
• Provide advocacy in cases involving custodial interference, elder abuse, child abuse
and child neglect
• Actively participate in community wrap-around services for crime victims with
Department of Corrections, Child Protective Services, community agencies, and
family court.
• Support Kent's emergency hotel voucher and cell phone programs.
• Provide training to new police officers on domestic violence, child abuse, child
neglect, stalking, and general victim advocacy.
• Provide safety planning and intervention services to crime victims that have been
referred to the City Attorney's Office by the Police Department or Human Services.
• Coordinate with community advocacy agencies, such as MADD, in appropriate cases.
• Attend court hearings with victims or witnesses who may need assistance.
SUPPORTING EVIDENCE:
Below is an 18-month overview and comparison of domestic violence cases filed in 2005 and
through June 2006 for Kent and its comparable cities:
Domestic Violence Cases Filed
City Position Title Population Filed in 2005 Filed Thru '
June 2006
Kent DV Victim Advocate 85,651 722 500
estimate
Auburn DV Victim Advocate 44,980 310 240 (estimate)
Bellevue DV Victim Advocate 109,569 148 62 ,
(Part-time position)
i
2 �
i
IMemorandum:
August 29, 2006
Page: 3
City Position Title Population Filed in 2005 Filed Thru
June 2006
Everett DV Advocate housed at 97,500 1,167 589
the Snohomish County (thru July 12)
Center for Battered (389*)
Women
(*although they only pay for
one advocate - based on the
number of cases filed, the
center divides the cases
between three advocates
Federal Way DV Victim Advocate 83,259 417 250(estrmate)
(1.5 positions)
Kirkland Family/Youth Advocate 45,054 130 N/A
Lakewood DV Advocate 60,000 137 60 (estimate)
(1.75 advocates)
Olympia DV Advocate 43,040 767 N/A
1 Redmond DV Advocate 47,260 84 30 (estimate)
Renton DV Victim Advocate 50,052 486 N/A
Shoreline DV Advocate 53,296 135 70 (estimate)
Statistics Relating to Victim Contacts Over an 18-Month Period
From January 1, 2005 — July 31, 2006
(as reflected in the below statistics, we have seen a 20% increase in victim contacts thus far in 2006)
31952 Total DV/stalking victim contacts made by Kent's current 2,456 In 2005
advocate 1,496in 2006
2,142 Total DV/stalking victim voice mails received from victims. 1,242 in 2005
900 in 2006
298 Total DV and non-DV witnesses contacted by Kent's current 187 In 2005
advocate 111 In 2006
2,497 Total victims and witnesses contacted by Prosecutors and staff, 1,235 in 2005
not Including those contacted by Kent's current advocate. 1,262 In 2006
3
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Kent City Council Meeting
Date September 5, 2006
Category Consent Calendar
I. SUBJECT: 2006 COMPUTER REPLACEMENT PLAN—AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sign all documents necessary to
purchase replacement computers, monitors, and vendor services.
The City has approximately 680 desktop computers on a four-year replacement cycle. In
2005, the IT Department opted not to perform an annual refreshing of the stock because an
assessment of the operations and CPU speeds of the fleet shows us that the computing needs
of our users were being met
This year, we are now ready to replace approximately 196 computers. When this project is
completed, the City's desktop computer fleet will be running at a minimum (CPU) speed of
2 gF1z. Additionally, this replacement cycle will install computers that are Wmdows® Vista
capable. When this project is completed, nearly one-third of the City's PC Fleet will be ready
to operate on Window®Vista Operating System.
This replacement includes monitors. Monitors have not been replaced on a standard rotation,
and many are up to 10 years old. New replacement PC's will come with monitors this year.
3. EXHIBITS: None
4 RECOMMENDED BY: Operations
(Committee, Staff, Examiner, Commission, etc)
5. FISCAL IMPACT
Expenditure? $233,285 Revenue?
Currently in the Budget? Yes X 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
Kent City Council Meeting
Date September 5, 2006
Category Consent Calendar
1. SUBJECT: HISTORIC PRESERVATION ORDINANCE — ADOPT
2. SUMMARY STATEMENT: Adopt Ordinance No. which amends the
Kent City Code to add a new chapter relating to historic preservation.
This ordinance provides the mechanism for the City to enter into an interlocal
agreement with King County for landmark designation and protection services. This
ordinance adopts King County's regulations regarding designation criteria, nomination
process, and other regulations for landmarks. King County's Landmarks & Heritage
Commission is designated to act as the Landmarks Commission for the City with the
jaddition of one Commission member to be appointed by the City
3. EXHIBITS: Ordinance
4. RECOMMENDED BY: Planning & Economic Development Committee
(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
IDISCUSSION:
ACTION:
Council Agenda
Item No. 6E
i
IORDINANCE NO.
AN ORDINANCE of the city council of the city of
Kent, Washington, adding a new chapter 14.12 to the
Kent City Code entitled "Landmark Designation and
Preservation."
RECITALS
A. The protection, enhancement, perpetuation, and use of buildings,
jsites, districts, structures, and objects of historical, cultural, architectural,
engineering, geographic, ethnic and archaeological significance located in Kent is
necessary in the interest of the prosperity, civic pride, and general welfare of the
people of Kent
B. The present preservation programs and activities are inadequate to
ensure maintenance or enhancement of such resources or to prevent the
unnecessary destruction or defacement of such resources.
C. After a public hearing on August 21, 2006, the Planning Committee
recommended adding a new chapter 14.12 to the Kent City Code entitled
"Landmark Designation and Preservation."
1 D. On September 5, 2006, the city council approved the addition of
the new Landmark Designation and Preservation chapter to the Kent City Code.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
1 Ch. 14,12 KCC — Landmark
IDesignation and Preservation
ORDINANCE
SECTION 1. - Adoption. A new chapter 14.12, entitled "Landmark T
Designation and Preservation" is hereby created and added to the Kent City Code
to read as follows:
CHAPTER 14.12
LANDMARK DESIGNATION AND PRESERVATION
Sec. 14.12.010. Purpose. The purpose of this chapter is to designate,
preserve, protect, enhance, and perpetuate those sites, buildings, districts,
structures and objects which reflect significant elements of the city of Kent's
cultural, ethnic, social, economic, political, architectural, aesthetic, archeological,
engineering, historic and other heritage; to foster civic pride in the beauty and
accomplishments of the past; to stabilize and improve the economic values and
vitality of land marks; to protect and enhance the city of Kent tourist industry by
promoting heritage related tourism; to promote, assist, encourage, and provide
incentives to public and private owners to preserve, restore, rehabilitate, and use
landmark buildings, sites, districts, structures, and objects to serve the purposes
of this chapter; and to provide the framework for the implementation of an
interlocal agreement between King County and the city of Kent relating to
landmark designation and protection services.
Sec. 14.12.020. Landmarks Commission Authorized.
A. Landmarks Commission. The King County Landmarks & Heritage
Commission, established pursuant to Chapter 20.62 of the King County Code, is
hereby designated and empowered to act as the Landmarks Commission for the
city of Kent pursuant to the provisions of this chapter.
B. Public Hearings - Rules and Regulations. The Landmarks Commission
shall not conduct any public hearings required by this chapter with respect to
properties located within the city of Kent until its rules and regulations, including
procedures consistent with this chapter, have been filed with the city clerk.
2 Ch. 14.12 KCC - Landmark
Designation and Preservation
1
C. Special Member Appointment. The mayor shall, subject to confirmation
by the city council, appoint one (1) individual to act as a special member of the
jKing County Landmarks and Heritage Commission as provided for in King County
Code section 20.62 030. The special member shall have a demonstrated interest
iand competence in historic preservation. The special member shall be appointed
■ for a three (3) year term. Each special member shall serve until his or her
successor is duly appointed and confirmed. In the event of a vacancy, an
appointment shall be made to fill the vacancy in the same manner and with the
same qualifications as if such appointment were made at the beginning of the
term, and the person appointed to fill the vacancy shall hold the position for the
remainder of the unexpired term. A special member may be reappointed but may
not serve more than two (2) consecutive three (3) year terms. A special member
shall be deemed to have served one full term if that special member resigns at
any time after appointment or if that special member serves more than two (2)
years of an unexpired term. Special members shall serve without compensation
except for out of pocket expenses incurred in connection with commission
meetings or programs. The city of Kent shall reimburse such expenses incurred
Iby the special member.
Sec. 14.12.030. Definitions. The city council adopts by reference the
definitions contained in King County Code section 20.62.020, except as provided
below:
A. "Council" is the Kent City Council.
iB. "Manager" shall be read to be the city Chief Administrative Officer.
Sec. 14.12.040. Designation Criteria. The designation criteria for
landmarks as contained in King County Code section 20.62.040 is hereby
adopted by reference for the designation criteria of landmarks within the city of
Kent.
Sec. 14.12.050. Designation Procedure. The designation procedure
for landmarks as contained in King County Code section 20.62.070 is hereby
3 Ch. 14.12 KCC — Landmark
Designation and Preservation
i
adopted by reference for the designation procedure of landmarks within the city ,
of Kent.
Sec. 14.12.060. Certificate of Appropriateness Procedure. The
certificate of appropriateness procedure for landmarks as contained in King
County Code section 20.62.080 is hereby adopted by reference for the city of
Kent, except for the last sentence of King County Code section 20.62.080(a).
Sec. 14.12.070. Adoption by Reference. The following sections in
Chapter 20.62 of the King County Code are adopted by this reference:
A. Nomination Procedure. King County Code section 20.62.050.
B. Evaluation of Economic Impact. King County Code section 20.62.100.
C. Penalty for Violation. King County Code section 20.62.130.
D. Special Valuation for Historic Properties. King County Code section
20.62.140.
Sec. 14.12.080. Nomination Approval. No historic resource may
proceed through the nomination procedure of King County Code section
20.62.050 until such time as the Kent City Council has approved the historic
resource for nomination. A minimum of four (4) council members must vote in
favor in order that the resource be eligible for nomination. Said approval by the
council is a condition precedent to any nomination procedure.
Sec. 14.12.090. Appeal Procedure.
A. A party of record aggrieved by a decision of the commission designating
or rejecting a nomination for designation of a landmark, or issuing or denying a
certificate of appropriateness may, within fourteen (14) calendar days of mailing
of notice of such decision, appeal such decision in writing to the hearing
examiner. The written notice of appeal shall be filed with the historic
preservation officer and the city clerk. The written notice of appeal shall be
4 Ch. 14.12 KCC — Landmark
Designation and Preservation
accompanied by a statement that includes the items required in section
12.01.195(E) for similar closed record appeals.
B. The appeal to the hearing examiner shall be a "closed record appeal," as
that term is used in Chapter 12.01 Kent City Code.
C. If after the closed record appeal hearing, the hearing examiner
determines:
1. An error in fact was made by the commission, the hearing
examiner shall remand the proceeding to the commission for reconsideration; or
2. The decision of the commission is based on an error in judgment or
conclusion, the hearing examiner may modify or reverse the decision of the
commission.
i
D. The hearing examiner's final decision shall include findings of fact and
Iconclusions from the record which support the decision. The hearing examiner
may adopt all or portions of the commission's findings and conclusions.
E. The decision of the hearing examiner shall be final unless within twenty-
one (21) calendar days from the date of issuance of the decision an appeal is
filed in King County Superior Court.
SECTION 2. - Severability. If any one or more section, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this ordinance and
the same shall remain in full force and effect.
tSECTION 3. - Effective Date. This ordinance shall take effect and be in
force thirty (30 )days from and after its passage provided by law.
SUZETTE COOKE, MAYOR
5 Ch. 14.12 KCC - Landmark
Designation and Preservation
ATTEST:
BRENDA ]ACOBER, CITY CLERK T
APPROVED AS TO FORM:
I
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of , 2006.
APPROVED: day of , 2006.
PUBLISHED: day of , 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 ]ACOBER, CITY CLERK
r kCWigoainance\unnmaMk gnananvres aeon me
6 Ch. 14.12 KCC — Landmark
Designation and Preservation
Kent City Council Meeting
Date September 5, 2006
Category Consent Calendar
1. SUBJECT: NONCONFORMING LOTS, ZONING CODE AMENDMENT—
APPROVE
i2. SUMMARY STATEMENT: Approve the Planning & Economic Development
Committee recommendation to maintain the existing code language of KCC
15.08 100(E) concerning nonconforming lots.
3. EXHIBITS: Staff memo w/attachments
4. RECOMMENDED BY: Plammn & Economic Development Committee (3-0)
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? No Revenue? No
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:
1 Council Agenda
Item No. 6F
COMMUNITY DEVELOPMENT
Fred N. Satterstrom, AICP, Director
KENT PLANNING SERVICES
Charlene Anderson,AICP, Manager
WR$HINGTON
Phone• 253-856-5454
Fax 253-856-6454
Address: 220 Fourth Avenue S
Kent, WA 98032-5895
September 5, 2006
To: Mayor Suzette Cooke, Council President Deborah Ranniger, and Kent City Council
From: Gloria Gould-Wessen, AICP, GIS Coordinator/Planner
Regarding: Nonconforming Lots - ZCA-2005-8 (KIVA#2054867)
MOTION: Approve the Planning & Economic Development Committee
recommendation to maintain the existing code language of KCC 15.08.100(E)
concerning nonconforming lots.
SUMMARY: At their August 215t meeting, the Planning & Economic Development Committee
unanimously recommended to the full Council denial of a proposed amendment to Kent City
Code regarding nonconforming lots. The recommendation approves the July 241h Land Use &
Planning Board recommendation to maintain existing Kent City Code language. The citizen-
proposed revision to Kent City Code (KCC) 15.08.100(E) would allow all nonconforming lots of
record that had been merged under one tax parcel to stand alone for development or sale, and
the resulting lots would not be required to meet the City's existing development standards for
lot width and area as specified by zoning district.
BUDGET IMPACT: None
BACKGROUND: The proposed amendment to KCC 15.08.100(E) was brought before Council
1 on December 13, 2005 through the 2005 Annual Docket Report (i.e., Docket 2005-1). KCC
15.08.100(E), effective April of 1984, requires that in residential and other zoning districts,
nonconforming lots of record that: 1) are adjacent to each other, 2) do not separately meet
current lot width and area requirements, and 3) are under single ownership as of June 20,
1973, shall be considered an undivided parcel, and no portion of the parcel can be used or sold
in a manner that diminishes compliance with Title 15 — Zoning. The proposed amendment
' would eliminate code provisions that require the aforementioned nonconforming lots to meet
current development standards related to width and area.
Today there are 345 tax parcels containing 866 nonconforming lots of record. If the code was
revised as proposed, there could be approximately 518 additional single-family dwelling units.
By contrast, the existing code regarding nonconforming lots could yield approximately 94
1 additional new dwelling units. The existing development standards are based on the best
accepted contemporary practice, rather than on past practices. The result is future
development that reflects the surrounding neighborhood.
GGW\pm S \Perm it\Plan\ZON ECODEAM END\2005\ZCA-2005-8_NonconLots_2054867\CC\090506_CC doc
Enc Minutes 8/21/06 PEDC, 7/24/06 LUPB, Zoning/Development Code Amendment Docket, SEPA Addendum & Adoption;
List of Exhibits, KCC 15 08 General&Supplementary Provisions
cc: Fred N Satterstrom,AICP,Community Development Director
Charlene Anderson,AICP, Planning Manager
Kim Adams-Pratt,Assistant City Attorney
Project File
ZCA-2005-8 Nonconforming Lots Amendment
Planner Gloria Gould-Wessen stated that this Issue was Initiated through the docketing process
by a citizen. She stated that this proposal would allow nonconforming lots of record that were '
merged into one tax parcel to stand alone for development or resale. The proposed revisions
would allow property owners a choice to sell a portion of the undeveloped portion of their
property that fell within the nonconforming lots or they could redevelop their property entirely,
tearing down existing structures and building new homes on each of the nonconforming lots
that make up the tax parcel.
Ms. Gould-Wessen stated that the Land Use and Planning Board held a hearing on July 24, 2006
and made a recommendation to retain the existing code language, with a 5-0 vote She stated
that two additional comment letters (voicing opposition to the proposal) were received after the
public hearing and have been included in the Committee packet.
Member Watson MOVED and Council President Ranniger SECONDED a MOTION to APPROVE
the Land Use and Planning Board's recommendation to maintain the existing code language of
KCC 15.08 100E, concerning nonconforming lots. Motion PASSED 3-0.
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Planning and Economic Development Committee
Minutes—8/21/06
ILAND USE & PLANNING BOARD MINUTES
JULY 24, 2006
BOARD MEMBERS PRESENT: Chair Jon Johnson, Vice Chair Dana Ralph, Steve Dowell,
Tim Gimenez, Alan Gray. Jack Ottini
STAFF MEMBERS PRESENT: Charlene Anderson, Gloria Gould-Wessen, Mike Gillespie,
Mike Mactutis, Jon Napier, Kim Adams Pratt, Pamela Mottram
Chair Johnson called the meeting to order at 7:00 p.m. in City Council Chambers.
Approval of Minutes
Jack Ottini MOVED and Steve Dowell SECONDED a Motion to APPROVE the Minutes of
March 27. 2006. MOTION CARRIED 6-0.
Added Items, Communications, Notice of Upcoming Meetings
Planning Manager Charlene Anderson stated that a public hearing will be held before the Full
City Council, at their August 151h Council meeting to consider two recommendations brought
forward from the Planning and Economic Development Committee regarding the issue of
Commercial Motor Vehicles in Residential Zoning districts.
Ms. Anderson announced that on Tuesday, July 25th, the fourth of the residential development
forums facilitated by planner Matt Gilbert will be held at the West Hill fire station. She stated
that the City of Kent Website could be accessed for the site address. She invited the citizens to
attend the meeting and voice their opinion on residential development standards.
#ZCA-2005-8 Nonconforming Lots
After deliberations and advisement by Assistant City Attorney Kim Adams Pratt, Member Dowell
recused himself from participating in voting on this particular issue as he owns property in the
subject area. Members Ottirn and Gray rescinded their initial recusals.
Planner Gloria Gould-Wessen described the proposed amendment as a request to revise Kent
City Code with respect to nonconforming lots. She stated that this proposal was originally
initiated by a citizen through our docketing process and designated as Docket No. 2005-1.
t Ms. Gould-Wessen presented the history of the proposal; described the proposed changes;
provided an analysis of the nonconforming lots (identifying 345 tax parcels consisting of 866
nonconforming lots; with 324 existing residences); reviewed the City's development standards
and how they would be applied; spoke about street improvement standards and environmental
impacts; and concluded with staff's recommendation.
Ms. Gould-Wessen stated that Kent was platted in 1889 and that these nonconforming lots are
historic lots, generally 30 x 100 feet in dimension. She stated that the proposed code revision
would eliminate the requirement for nonconforming lots existing as of June 20, 1973, to comply
with existing development regulations, and the proposed code revision would allow all historic
lots of record, presently merged under one tax parcel to be eligible for development or sale.
Ms. Gould-Wessen stated that the resulting lots would not meet the City of Kent's present
development standards, including the required existing standards of a 50 foot lot width or 5700
square foot minimum lot size.
Ms. Gould-Wessen used as an example Scenic Hill and stated that under the City's present code
language development there could be an increase of 72 units and under the proposed code
language development could increase by 413 units.
Land Use and Planning Board
Minutes—March 27, 2006
Page 1 of 4
Ms. Gould-Wessen gave another example, stating that under the City's present code language
development on Temperance would increase by only two units, with the potential to develop 42
new units under the proposed code language.
Ms. Gould-Wessen stated that after staff considered the impacts to the existing community, the
environment, and Kent's ability to provide adequate infrastructure, staff recommends
maintaining existing code language for the following reasons:
• Reduces nonconformity rather then expands it,
• Ensures that the pattern of existing neighborhood development isn't dramatically
changed,
o Minimizes the impact on critical areas and on water quality,
• Ensures reasonable opportunity for the use of legally created lots that do not meet
current minimum development standards.
Ms. Gould-Wessen stated that the proposed code revision would double the achieved density
for a district. She stated that the proposal would not mitigate impacts to the City's
transportation or storm water systems, stating that assessed land values and property taxes
could be impacted.
Ms. Gould-Wessen submitted the following Exhibits documented as No's: 1-9, for the record: i
#1. From Michael Johnson & Sharon Bersaas and Terry & Dixie Dreblow, the Clark's 1st
Addition Neighborhood - Opposes the proposed amendment,
#2. From John Reeves on Scenic Hill — Opposes the proposed amendment,
#3. From Steve Leavitt on Scenic Hill — Opposes the proposed amendment;
#4. From Eric and Ingeborg Gronau from the 266th Street area — Opposes the proposed
amendment,
#5. From Carmen & Herb Smith from Scenic Hill — Opposes the proposed amendment,
#6. From Desiree Canter from the Temperance area — Opposes the proposed amendment,
#7. From Larry Stougard from Scenic Hill — Opposes the proposed amendment,
#8. From Angletta Townsend, George Townsend and Mike Gergich from Scenic Hill -
Opposes the proposed amendment,
#9. From Debbie Smith from the Temperance area - Opposes the proposed amendment.
Member Gray MOVED and Member Ralph SECONDED a Motion to accept the 9 Exhibits for the
record. Motion CARRIED 6-0.
Chair Johnson declared the Public Hearing Open.
The following people spoke in OPPOSITION to the proposed amendment, urging the Council to
reject this proposal:
Dick Armstrong, 709 E Temperance St (Temperance), ,
George Townsend, 1015 E. Maple Street (Scenic Hill)
Michael Johnson, 436 Jason Ave N (Clark's First Addition)
Desiree Canter, 387 Hazel Ave N (Clark's First Addition)
Shawn Herbert, 924 3'd Avenue N (North Park)
Debby Smith, 420 Prospect Ave N (Temperance)
John Reeves, 904 E. Walnut St (Scenic Hill)
Trent Hainer, 601 Prospect Avenue (Temperance)
Janet Lea, 514 Prospect Ave N (Temperance)
Bob Grimes, 325 Kennebeck Ave S (Scenic Hill)
Dr. Gerald Kauth, 421 Scenic Way (Scenic Hill)
John Kohler, 602 Prospect Ave N (Clark's First Addition)
Thomas Lobb, 304 Scenic Way (Scenic Hill)
Land Use and Planning Board Meeting
Minutes—July 24, 2006
Page 2 of 4
Larry Stougard, 1007 Garfield Avenue (Scenic Hill)
Kathryn Moschel, 515 Scenic Way (Scenic Hill)
Dick Armstrong stated that it would be irresponsible to affect all nonconforming lots to
accommodate one developer.
George Townsend stated that this proposal would not serve any public good, but rather is a
clever approach to request an exemption or variance.
Michael Johnson stated that this proposal would undermine the preservation of the historic
Clark Lake area. He suggested an amendment could be written to affect only the applicant's
property instead of everyone's property.
Desiree Canter stated that this proposal would decimate the environment and historic charm
of the 1909 homes in her neighborhood and would force people out of their homes due to
inevitable tax increases.
Shawn Herbert stated that he opposes additional housing units in North Park until the access
issues are resolved. He stated that he would not like to see his 1907 Craftsman torn down and
replaced with two 20-foot wide houses.
Debby Smith stated that she purchased a 1922 Craftsman in a neighborhood of historic
homes that would lose its character were additional development to take place. She stated that
parking would become an issue as well.
John Reeves explained why potential property taxation increases are a concern for property
owners both on Scenic Hill and on Temperance.
Trent Hainer stated property owners would feel pressured to sell their property because of its
i increase in value, in-effect forcing them out of their neighborhood.
Janet Lea voiced her concerns that additional development would affect access, water, sewer,
and taxes. She said the applicant should just affect his property, not everyone else's.
Bob Grimes stated that it is vitally important that the lifestyle of Scenic Hill be preserved for us
and the next generations.
Dr. Gerald Kauth gave his historic viewpoint of what has occurred in the last few years with
respect to zoning changes within his community, which has directly influenced his opinion that
this proposed amendment should be rejected. He resents having homes jammed into his
' neighborhood on small lots.
John Kohler stated that he wants his community to retain its historic significance, recognized
as such by the City of Kent when they purchased the Bereiter House on Smith Street to allow
the Kent Historical Society Museum to locate there. He stated that his community is a stable,
tight community with a sense of connectiveness, which deters crime and provides for a better
life style.
Thomas Lobb questioned how one person can request new regulations that affect so many
people and why are nonconforming lots being targeted to increase lot density in the central
Kent area, when it seems there are plenty of other lots within a few mile radius of the
downtown Kent area that could be targeted for new development regulations? Mr. Lobb stated
that if Central Avenue is the most congested street in South King County, won't hundreds of
new potential residents in this area significantly increase congestion on Central Avenue and in
downtown Kent? The new regulations would adversely change the character of his historic
neighborhood on Scenic Way.
Land Use and Planning Board Meeting
Minutes—July 24, 2006
Page 3 of 4
Larry Stougard stated that he wants his community of Scenic Hill to retain its uniqueness and
objects to one Scenic Hill parcel owner desiring to change City Code to maximize his profits
from the development of his property.
Mr. Stougard stated that the community would be negatively impacted as a result of granting
special privileges to this property owner by increasing population densities and traffic volumes. ,
He stated that increased traffic volumes could lead to the construction of new roadways
connecting with the valley floor, which in turn, would heighten traffic congestion through the
community as non-community commuters discovered a new bypass route. He stated existing
regulations have stood the test of time in creating a vibrant community.
Kathryn Moschel voiced concern that if an additional 600 homes were built on Scenic Hill, it is
likely that those homes would be developed into rental units and then crime rates could
increase.
Member Ottini MOVED and Member Gray SECONDED a MOTION to close the Public Hearing.
Motion CARRIED 6-0.
Member Ralph MOVED and Member Ottini SECONDED a MOTION to maintain the existing code
language as recommended by staff. Motion CARRIED 5-0 with Board Member Dowell recusing
himself.
Chair Johnson acknowledged the citizens in attendance, thanking them for their participation.
Ms. Gould-Wessen stated that this proposal will go before the Planning and Economic
Development Committee at their August 21, 2006 meeting. She assured the audience that their
comment letters would be included in the Committee's packet along with the Land Use and
Planning Board's (LUPB) recommendation, stating that the PEDC meeting will be broadcast on
TV. The PEDC recommendation could go to the City Council likely in September and a meeting
notification would be sent to all of those in attendance tonight.
Short Plat Meeting Coverage 1
Jack Ottini stated that he would cover July and August, with Dana Ralph consenting to cover
the September and October 2006 meetings.
Adiournment
Member Ottini MOVED and Member Dowell SECONDED a Motion to adjourn the meeting.
Motion CARRIED 6-0. Chair Johnson adjourned the meeting at 8:25 pm
Charlene Anderson, AICP, Planning Manager
Secretary of the Board
s\Pertmt\Plan\LUPB\2006\Minutes\072406_LUPBmin do
Land Use and Planning Board Meeting
Minutes—July 24, 2006
Page 4 of 4
JJ
Planning Services
'410Location:400 W.Gowe•Mall to:220 4th Avenue South•Kent,WA 98032-5895
\ e Permit Center(253)856-5302 FAX:(253)856-6412
v KGNT www.cl.kentwaus/penn1tcenter
w.swu•r••
PLANNING SERVICES Zoning/Development Code
Amendment Docket
Please print in black ink only.
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Application Name: Docket 0:
1 Applicant:R �✓�d , LV OFIRC9 UN OW
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Name: a Daytim2one: ? � `1(2-464
Mailing Address: Fax r:City/State/Zip: Signature
Professional License No: -�" E-mail:
Agent/Consultant/Attorney:(mandatory if primary contact is different from applicant)
Name: Daytime Phone:
Mailing Address: Fax Number:
City/State/Zip: E-mall:
Suggested zoning/development code amendment language.This can be either conceptual or specific
amendatory language.Please be as clear and concise as possible so that your proposal can be adequately
evaluated. If specific wording changes are proposed, reference the specific code section and show changes
in strikeout/urlderline format.Attach additional pages as needed.
Support for the suggested zoning/development code amendment.Explain the specific reason for the
request.Describe how the amendment is consistent with ttte intent of the City of Kent Comprehensive Plan
and reference the specific supporting goals and policies.Include any data, research,or reasoning that
supports the suggested amendment.Attach additional pages as needed.
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15.08.100 R -a 3 y Kent Ci 0
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structurally altered or changed,nor may any major made except such as are required by law or ordi- r
nonconforming building, structure, or lot be occu- nance or authorized by the planning manager.
pied after discontinuance of change in use, unless 4 Planning manager's authority. The plan-
the structure, use, and associated grounds and ning manager may waive specific development
development are brought into compliance with use standard requirements or impose additional
and minimum development standards of the dis- requirements when all the following criteria are
trict in which such structure is located, except as met:
follows: a. When owing to special circumstances a
a. Any major nonconforming structure literal enforcement of the provisions of this title or ,
damaged by fire, flood, explosion, wind, earth- other land use regulatory ordinances of the city will
quake, war, not, or other natural disaster, may be result in unnecessary hardship.
restored, reconstructed, and used as before; pro- b. When the waiver of development
vided, that the work be vested by permit applica- requirements is in harmony with the purpose and
tion within one (1) year of such happening; any intent of city ordinances and the comprehensive
restoration or reconstruction not vested by permit plan.
application within twelve (12) months from the c. When the proposed use, building, and
date of the fire or other casualty shall be deemed development will function without adverse impact
abandoned and not allowed to be restored. upon adjacent property,development in the area or
b. Such repairs and maintenance work as the city as a whole.
required to keep the structure in sound condition d. When a conditional use permit is not
may be made to a major nonconforming structure, required.
provided no such structural alterations shall be E. Nonconforming lots.
made except such as are required by law or ordi- 1. Applicability of restrictions. Regulations
nance or authorized by the planning manager. applicable to nonconforming lots are in addition to
3. Minor nonconforming buildings and struc- the regulations applicable to nonconforming uses,
tures. No minor nonconforming structure may be structures, and signs, and, in the event of conflict,
expanded, enlarged, extended, reconstructed or the most restrictive provisions shall apply.
otherwise structurally altered or changed,nor may 2. Nonconforming lots of record.
any minor nonconforming building, structure, or a. Residential districts.
lot be occupied after discontinuance or change in (1) In any district in which single-family
use, unless the structure and associated grounds dwellings are permitted, a single-family dwelling
and development are brought into compliance with and customary accessory buildings may be erected
the minimum development standards of the district on any single lot of record I ,not-
in which such structure is located, except as fol- withstanding limitations posed by other'provi- ,
lows: sions of this title -S parater�
a. Any minor nonconforming structure wn ous.4wntqff-Mth
damaged by fire, flood, explosion, wind, earth- other-1 his provision
quake, war, riot, or other natural disaster, may be shall apply even though such lot fails to meet the
restored, reconstructed and used as before; pro- requirements for area or width that are generally
vided, that the work be vested by permit applica- applicable in the district; provided, that yard '
tion be completed within one (1) year of such dimensions and requirements other than those
happening; any restoration or reconstruction applying to area or width of the lot shall conform
vested by permit application twelve (12) months to the regulations for the district in which such lot
from the date of the fire or other casualty shall be is located.
deemed abandoned and not allowed to be restored. zomng districts,
b. Such repairs and maintenance work as with-the-excepfio of the SR$_ zoning i 'ct, if
required to keep the structure in sound condition two (2 or more lots*or combinations o ots and
may be made to a minor nonconforming structure, portions of,lots with continuoii's'frbhtAge in ssingle
provided no such structural alterations shall be ownership are of record ptior to JunwM,1973,a C
if all or part of the lots do nofineefle rm
(Revised 11103) 15-108
Kent City Code 15.08.110
requirements established for lot width and area,the o continuous ron ge with
land-' ve shall be considered to be an undi' ° er--lotszn-thns me ownership prior to une ,
vided parcel for the purposes-of this-title, and_no- '19i19;n$nd if all or part of the lots do not meet the
portion of the parcel shall be used or sold in a man- minimum requirements established for lot width
ner which-diminisl-ies comp— iiance with o�t wi'd F and area, the land involved shall be considered to
and area requirements established b�this title, now be an undivided parcel for the purposes of this title,
shall any rvrslon o any parcel be made which cre- and no portion of the parcel shall be used or sold in
ates a lot with width or ar a Pra�st,�ui�ents a manner which diminishes compliance with lot
d in_Ws.statetitle- width and area requirements established by this
,__ -f3�-la-the-SR.Ssnmug ' tnct if two(2) title, nor shall any division of any parcel be made
or more single-family zoned Lqls or coibbinatio of which creates a lot with width or area below the
lots and portipris•of,16fis with continuous frontage requirements stated in this title.
in sliikle ownership gre,,,of.cecord prior to June 20, F. Nonconforming signs.
1973;and if all or part of the lots o not meet the 1. Applicability of restrictions. Regulations
following minimum requirements established for applicable to nonconforming signs are in addition
lot width, lot--aiea,and topography, the land to regulations applicable to nonconforming uses,
involved shall be cogsidere&to be,an�un vided structures,and lots,and in the event of conflict the
parcel for the purposes of this title, and-iortion most restrictive provisions shall apply
of the parcel shall be used or sold in a manner 2. Continuation of nonconforming signs.
whieli;.diminishes7Lomp1i atl5�_xvith'lot width and a. Signs that were legally existing as of the
area requirements established s this,tiSle,nor shall effective date of this title or subsequent amend-
any d4 visi�f,art�ai a made which creates a ments thereto that do not conform to the regula-
lot with-widtfi�`or-area below the,requirements tions of this title shall be considered
stated in this title. nonconforming signs. Nonconforming signs may
(a) Minimuri;4ot area: Four thousand not be moved, relocated,altered,or added to with-
six hundred(4,600) square feet! out receiving approval from the planning services
` ,_(b)-(b)-minimutn`'lot wt t ,Pally(4A)feet. office.
(c-}•Maxirritim s te'slope. Fifteen (15) b. No sign permit shall be issued to allow
_,,.w perdeni.' legal signs on property having an illegal or noncon-
CZ 14�-In any district in which duplex dwell- forming sign until such time as the nonconforming
I ings are permitted, a duplex dwelling and custom- or illegal sign is modified to conform to this title.
ary accessory buildings may be erected on any 3. Amortization period
single lot of record as of June 20, 1973,with a min- a. Abandoned signs.Abandoned signs must
imum area of seven thousand two hundred(7,200) be removed within ninety(90)days.
square feet, notwithstanding limitations imposed b. Number and type of signs. The number
by other provisions of this title. S=449kmat�beln and type of allowable signs for each occupancy
irtuotis€reutega must conform to the regulations of this title.
iruu nthP to a in the cam a a yip-This provi- (Ord. No. 2905, § 1, 2-20-90; Ord. No. 3122, § I,
sion shall apply even though such lot fails to meet 6-15-93; Ord. No. 3409, § 50, 7-7-98; Ord. No.
1 the requirements for area or width that are gener- 3439, § 7, 2-2-99, Ord. No. 3521, § 2, 8-15-00;
ally applicable in the district; provided, that yard Ord.No.3600,§ 5,5-7-02,Ord.No.3665,§ 1, 10-
dimensions and requirements other than those 7-03)
applying to area or width of the lot shall conform
to the regulations for the district in which such lot 15.08.110 Reduction of lot area.
is located. I No land may be so reduced in area that it would
b. Other districts In any other district,per- be in violation of minimum Iot size, yard provi-
mitted building and structures may be constructed sions, lot coverage,off-street parking or any other
on a nonconforming lot of record, provided site requirements of the zoning district or use.
coverage,yard,landscaping,and off-street parking
requirements are met.Such.lots mustbe'in sepftrate-
1 15-109 (Revised 11/03)
0!5
KENT
WASNINOTON
ADOPTION OF EXISTING ENVIRONMENTAL DOCUMENTS
Adoption Document(s): EIS
Description of current proposal: The action proposed by the City consists of options related to
modification to the nonconforming use regulations. Specifically, these regulations are identified as KCC
15.08 100(E).
Proponent. City of Kent
Location of proposal: The proposal is a city-wide action.
Title of document(s)being adopted- City of Kent Comprehensive Plan Environmental Impact
Statement Draft(July 1994) and Final (January 1995)—Prepared by the City of Kent.
Description of document (or portion)being adopted: The City of Kent Comprehensive Plan EIS is
being adopted in total. This document evaluated three different land use alternatives for the city The
analysis evaluated the type and range of impacts to the environment associated with each land use
alternative and associated development regulations.
If the document has been challenged (WAC 197-11-630), please describe: The document was not
challenged.
Document availability: This document is available for review at the City of Kent Planning Services
office,220 Fourth Ave S, Kent, WA 98032 from 8:00 am to 5.00 pm.
We have identified and adopted this document as being appropriate for this proposal after independent
review. Along with the addendum, this document meets our environmental review needs for the current
proposal and will accompany the proposal to the decisionmaker(s)
Name of agency adopting the document:City of Kent
Contact a erson/Responsible Official: Kim Marousek,AICP (253)856-5436
Principal Planner
City of Kent Community Development Dept.
220 Fourth Ave South
Kent,WA 980 2
Date: 7/17/06 Signature:
S�einnnv\2 on onfomiloradoptdoc
COMMUNITY DEVELOPMENT
Fred N. Satterstrom, AICP, Director
PLANNING SERVICES
Charlene Anderson, AICP, Manager
#7Phone:253-856-5454
K E N T Fax* 253-856-6454
WASHINGTON
Address 220 Fourth Avenue S.
' Kent,WA 98032-5895
CITY OF KENT
ADDENDUM TO THE KENT COMPREHENSIVE
PLAN ENVIRONMENTAL IMPACT STATEMENT (#ENV-93-51)
Revise Kent City Code 15.08.100(E)—Nonconforming Lots
ZCA 2005-8(KIVA 2054867)
ENV 2006-50#RPSA 2063263
Responsible Official. Kim Marousek
SCOPE
The City of Kent has completed environmental analysis, pursuant to the State Environmental
Policy Act (SEPA), for options related to modification to the nonconforming use regulations.
Specifically,these regulations are identified as KCC 15.08.100(E) This code section requires the
1 consolidation of contiguous lots which are nonconforming due to lot width or area requirements
unless they have been under separate ownership since June 20, 1973. The proposed code
amendment, which was a docketed item, would seek to eliminate the requirement for separate
ownership and would allow all nonconforming lots (or lot portions) to be deemed legal lots of
record,regardless of the lot width and area requirements of the underlying zoning district.
Although the proposed code amendment would apply on a city-wide basis across all zoning
designations, analysis was targeted toward properties zoned for single family residences.
Properties zoned for commercial, industrial and multifamily uses would not benefit from smaller
lot sizes in terms of development potential. The assumption was made that market would require
property aggregation to allow commercially viable development
Two options were evaluated under SEPA:
' Option 1 -No Action.
This option would maintain the existing regulation and would have no affect on the existing
' Comprehensive Plan, Zoning Map,or City Code. The existing regulations allow for
development of nonconforming lots of record using the City's lot line adjustment and minimum
lot size within a particular zoning district
Option 2—Revision KCC 15.08.100(E)(see Attachment B—As proposed in Docket 2005-1)
Option 2 would allow all nonconforming residential lots of record to become available for
individual development or sale Of the affected 345 tax parcels, there are 866 nonconforming lots
of record (some of which are to public ownership) Of those, approximately 842 could be
considered developable lots of record using the City's lot line adjustment regulations to merge
ENV-2006-50 '
KCC 15 08 100(E)Nonconforming Lots
Comprehensive Plan EIS -Addendum
portions of historic lots of record into a buildable lot. This could yield approximately 518
additional single family dwelling units.
Additional information about the zoning alternatives can be found in the Planning Services Staff
Report to the Land Use and Planning Board dated July 17, 2006 which is included in the
addendum packet. ,
The SEPA analysis covers the alternatives described above. The scope of this addendum adds
analysis to the Comprehensive Plan Environmental Impact Statement (EIS) in the following ,
areas: earth, water, land use,housing, and transportation.
BACKGROUND
The nonconforming code section has been in affect since 1984. The majority of the
nonconforming lots are remnants of historic plats. Kent was platted May 26, 1889 under the
State's 1881 Code. Typically, these historic lots were 25-30 feet in width and were generally
about 100 feet in depth The proposed amendment would not seek to modify any underlying
zoning or comprehensive land use designations. This environmental analysis provides an
addendum to the City's Comprehensive Plan EIS related to this nonproject action.
SEPA COMPLIANCE
In October 1993, the City of Kent issued a Determination of Significance (DS) and Notice of
Scoping for the Comprehensive Plan (ENV-93-51). After a senes of public meetings, a Draft
Environmental Impact Statement (DEIS) was issued on July 18, 1994 for the Draft
Comprehensive Plan, issued on the same date. The DEIS was distributed to City Council and
Planning Commission members, adjacent Jurisdictions, affected agencies and other parties of
interest After comments on the DEIS were solicited and reviewed, a Final Environmental
Impact Statement(FEIS)was issued and distributed on January 30, 1995.
The EIS analyzed the environmental impacts of the Comprehensive Plan, which was adopted ,
April 18, 1995. The purpose of the EIS for the Comprehensive Plan was to assess the impacts
of the Plan on the City and its growth area. The EIS does not analyze the significance of site
specific impacts; it analyzes the significance of impacts on a broad area.
This Addendum to the Kent Comprehensive Plan EIS provides additional information regarding
potential significant adverse impacts associated with the proposed code amendment. Analysis n
shows that although adopting the zoning amendment will cumulatively add density greater than
previously evaluated, that action will not create the need for mitigation beyond that which was
identified in the Comprehensive Plan EIS.
STATEMENT OF CONSISTENCY
Future project permit applications on the subject property will be subject to and shall be '
consistent with the following: City of Kent Comprehensive Plan, the Kent City Code, Uniform
Fire Code, Uniform Building Code, Public Works Standards and all other applicable laws and
ordinances in affect at the time a complete project permit application is filed.
ENVIRONMENTAL REVIEW—SCOPE OF EIS ADDENDUM
The City of Kent has followed the process of phased environmental review as it undertakes
actions to implement and amend the Comprehensive Plan. The State Environmental Policy Act
(SEPA) and rules established for the act, WAC 197-11, outline procedures for the use of
existing environmental documents and preparing addenda to environmental decisions.
Page 2 of 7
ENV-2006-50
KCC 15 08 100(E)Nonconforming Lots
Comprehensive Plan EIS-Addendum
1 Non project Documents— An EIS prepared for a comprehensive plan, development regulation,
or other broad based policy documents are considered"non-project," or programmatic in nature
(see WAC 197-11-704). These are distinguished from EISs or environmental documents
prepared for specific project actions, such as a building permit or a road construction project
The purpose of a non-project EIS is to analyze proposed alternatives and to provide
environmental consideration and mitigation prior to adoption of an alternative. It is also a
document that discloses the process used in evaluating alternatives to decision-makers and
citizens.
' Phased Review— SEPA rules allow environmental review to be phased so that review coincides
with meaningful points in the planning and decision making process, (WAC 197-11-060(5)).
Broader environmental documents may be followed by narrower documents that incorporate
general discussion by reference and concentrate solely on issues specific to that proposal.
SEPA rules also clearly state that agencies shall use a variety of mechanisms, including
addenda, adoption and incorporation by reference,to avoid duplication and excess paperwork.
Prior Environmental Documents — The City of Kent issued a Draft Environmental Impact
Statement (DEIS) for the Comprehensive Plan on July 18, 1994 (#ENV-93-51). The DEIS
analyzed three comprehensive plan land use alternatives, and recommended mitigation
I measures, which were used in preparing comprehensive plan policies. The preferred land use
alternative which was incorporated into the Comprehensive Plan was most closely related to
Alternative 2 of the DEIS, (the mixed-use alternative). A Final Environmental Impact
1 Statement(FEIS) was issued on January 30, 1995, and the Comprehensive Plan was adopted by
the City Council on April 18, 1995. Therefore, the impacts of the Land Use Element adopted in
the Comprehensive Plan are within the range of impacts evaluated in the EIS.
Scope of Addendum—As outlined in the SEPA rules, the purpose of an addendum is to provide
environmental analysis with respect to the land use and zoning designation for the subject
property. This analysis builds upon the Comprehensive Plan EIS but does not substantially
change the identified impacts and analysis; therefore it is prudent to utilize the addendum
process as outlined in WAC-197-11-600(4)(c).
' ENVIRONMENTAL ELEMENTS
All environmental elements were adequately addressed within the parameters of the City of
Kent Comprehensive Plan EIS, draft and final. Further, subsequent "project" actions would
require the submittal of separate environmental checklists, pursuant to SEPA, which will be
analyzed for consistency with the original mitigating conditions and may require new mitigation
based upon site-specific conditions.
' DISCUSSION OF ENVIRONMENTAL ELEMENTS
Existing Conditions/Location of Nonconforming lots
Scenic Hill: There are approximately 58.7 acres that are nonconforming lots of record. Of
those, 11.8 acres are vacant and of the vacant lots of record 2.9 acres are publicly owned. The
area is generally built with single-family residences (206 d u.) most of which are served by
municipal sewer and water There are five (5) residences located on the southern edge that are
on septic systems. The westerly and south-westerly areas contain a combination of landslide
and erosion soils,with some areas containing steep slopes.
Page 3 of 7
ENV-2006-50 '
KCC 15 08 100(E)Nonconforming Lots
Comprehensive Plan EIS-Addendum
Temperance: There are approximately 8.4 acres that are nonconforming lots of record. Of
those, 0.37 acres are vacant There are 52 single-family homes all of which are served by
municipal sewer and water. Most of the easterly area contains erosion soils.
North Park: There are approximately 2 4 acres that are nonconforming lots of record,making up ,
ten (10) existing single-family residences. All are located on soils susceptible to seismic action.
SR-516: There are approximately 2 1 acres that are nonconforming lots of record, making up
seven (7) existing single-family residences Some areas contain steep slopes and a portion has '
erosion soils.
Midwav: There are approximately 7.0 acres that are nonconforming lots of record, making up ,
26 residences, 24 are located in a mobile home park Of those 7 acres, 4.1 are vacant and 2.6 of
those vacant lands are in public ownership. A large portion in the north and a much smaller
area to the south contain erosion soils
Lake Fenwick: There are approximately 5.6 acres that are nonconforming lots of record,making
up 26 residences, 24 are located in a mobile home park. There is 0.3 acre that is vacant and
publicly owned. All are affected by landslide and erosion soils, with many identified as
susceptible to seismic action, and some located in Kent's PAA, are adjacent to Lake Fenwick
248`h St: There are approximately 1.1 acres that are nonconforming lots of record, making up
four(4) existing single-family residences. Little to no impact by environmental constraints.
266'h St: There is approximately 0.3 acre that are nonconforming lots of record, making up one
(1)existing single-family residence. No impact by environmental constraints.
Lake Mendian: There are approximately 1.7 acres that are nonconforming lots of record,
making up six (6) existing single-family residences. All are affected by erosion soils and '
proximity to the shoreline.
Earth ,
Generally, the landscape varies from flat to gently rolling to very steep in some cases in the
Scenic Hill area. Some properties are encumbered with slopes over 40% and/or soils classified
as geologic hazards as defined by the city's Cntical Areas Ordinance (KCC 11 06). Under
Option 1, some development could occur on parcels encumbered by geologic hazards. Under
Option 2 the potential number of"buildable" lots with geologic hazards would be increased.
Although the critical areas regulations would apply in both cases, the cumulative impacts
associated with Option 2 would be greater.
Upon future development considering the land use alternatives, impervious surface area could
range between 40-75 percent of the site area. Grading is anticipated with future project actions
which will be subject to site-specific environmental review and the application of appropriate
City codes and ordinances. No impacts will result from the nonproject action of the zoning
code amendment
Air
Generally, impacts to the air quality associated with these proposed changes could occur from ,
the future potential development and redevelopment of the affected properties. Upon
development of properties short term impacts could be associated with construction activities on
specific properties. Long term an increase in vehicular taps would be associated with the
Page 4 of 7
ENV-2006-50
KCC 15 08.100(E)Nonconforming Lots
' Comprehensive Plan EIS-Addendum
increase in potential density. Those impacts would be evaluated on an individual basis with
specific development proposals.
Water
' There are several water bodies throughout Kent that exist within the identified study areas
which include shorelines of the state, intermittent and perennial streams, wetlands and lakes.
Lake Meridian (a Shoreline of the State) and Lake Fenwick are within 200 feet of parcels
potentially affected by this code amendment. Additionally, wooded wetlands may be present at
the base of Scenic Hill Regulations from the city's Critical Areas Ordinance would apply to
future development under either Option I or 2
Future development under either option could create a need for waste water disposal which
would be explored at the time of application permit. Most of the areas have access to sewer,
with the exception of the southern portion of Scenic Hill area. While sewer service is available,
a pump system would be required. There is an available tight line for storm water(without
water quality treatment) located along the Van de Vanier ROW. All the development will be
single-family residential on individual lots of record and discharge would be typical and not
contained as would occur with a subdivision.
Land Use
All zoning districts could be affected by this proposed code amendment. However,
environmental analysis was limited to the affected single family residentially zone properties
and one property zoned for Mobile Home Park The single family zones range from a density
of 4.5 — 8 dwelling units per acre as a base density. In both cases adoption of either option
could create developable lots that exceed the underlying residential density. However, under
Option 1 the minimum lot size for the zone would be retained. Under Option 2 there would be
no minimum lot size requirement
Please refer to the attached July 17,2006 staff report for additional land use discussion
Housing
A range of potential future residential development could occur as a result of increased densities
consistent with either alternative presented from this study. Option 2 could create an additional
518 single family dwelling unit capacity within the city
Transportation
The transportation system for year 2020 includes those improvements itemized in the City of
Kent Transportation Improvement Plan, including the completion of the South 228`h Street and
South 196` Street corridors. Other assumptions built into this modeling effort include
completion of state and regional projects such as the currently planned expansions of SR 167,
SR 405,and SR 509.
In general, it appears as if the City's 2020 transportation system will adequately handle most of
the demands of the City of Kent 2020 Land Use Plan with densities inclusive of the potential
additional density associated with Option 2. However, it's impossible to predict the effect of
future pass-through traffic from developments in neighboring jurisdictions. For example,
portions of SR 516, Canyon Drive/Kent-Kangley Road, will be congested in the p.m. peak hour
largely due to pass through traffic Adding roadway capacity to accommodate growth beyond
our City may not be a viable solution. One small segment of Canyon Drive has a v/c ratio of
101% of the assigned model capacity but the rest of it ranges from 80% to 99%. Likewise,
Page 5 of 7
ENV-2006-50 '
KCC 15 08 100(E)Nonconforming Lots
Comprehensive Plan EIS-Addendum
r
James Street from Central Avenue to Jason Street has a v/c ratio of 104% of the assigned model
capacity but from Jason Street up to 1041h Avenue SE (SR 515) it ranges from 60% to 93%
However, both of these comdors are primary transit routes. It is expected that as the City
increases in density, the availability and frequency of transit services will also increase in step
with that population density.
King County Metro's current Six Year Transit Development Plan outlines specific upgrades of
transit service on routes serving these corridors. Each subsequent Transit Development Plan
should reflect additional transit services and facilities to keep pace with population density
increases along the City's major transit corridors. The City of Kent is pro-active in transit
planning and works cooperatively with both regional transit agencies to plan for anticipated
growth.
Although localized impact may occur from additional density, particularly with Option 2, the
impacts would not be significant on a system wide basis Local improvements could be
required, especially in the vicinity of Canyon Drive, Jason Avenue and Titus Street. If traffic
increases to a point where it exceeds the city's adopted Level of Service a Local Improvement
District could be formed. Or, the city could add improvements to the Capital Improvement
Program and/or Transportation Improvement Program.
Under either Option 1 or 2 the city's concurrency ordinance Chapter 12.11 would likely not be
triggered. Typically mitigation under this ordinance is in the form of a per trip payment into
one of the city's corridor projects. Since these infill properties would be developed on an
individual basis, they would be below the threshold for concurrency consideration. Since
Option 2 would create additional development potential, this gap would be greater if the code
amendment were adopted
II. SUMMARY AND RECOMMENDATION '
A. SUMMARY
Kent City Code section 11.03.510 identifies plans and policies from which the City may
draw substantive mitigation under the State Environmental Policy Act This nonproject
action has been evaluated in light of those substantive plans and policies as well as within
the overall analysis completed for the City's Comprehensive Plan EIS.
B. DECISION
The City of Kent Comprehensive Plan EIS, draft and final, provided extensive analysis
with regard to the environmental impacts associated with the implementation of the
Comprehensive Plan. The mitigating conditions included anticipated impacts associated
with the increased traffic, sensitive areas and stoimwater runoff, as well as impacts to
public services and utilities. The City has reviewed this nonproject proposal and has
found it to be generally consistent with the range, types and magnitude of impacts and ,
corresponding mitigation outlined in the Comprehensive Plan EIS.
This analysis and subsequent addendum did not identify any new significant impacts
associated with this proposal. Therefore, this addendum, combined with the
Comprehensive Plan EIS adequately evaluates potential adverse environmental impacts
and provides appropriate mitigation. Based upon this analysis, a separate threshold
determination is not required for this action This document and corresponding
Page 6 of 7
ENV-2006-50
KCC 15 08 100(E)Nonconforming Lots
Comprehensive Plan EIS-Addendum
environmental record may be utilized in the future in conjunction with environmental
review for future project-specific land use proposals on the subject property in
accordance with the guidelines provided by WAC 197-11
Dated. July 17, 2006 Signature:
i arousek, AICP, Responsible Official
S:\PermitlPlan\Env\20061nonconformlot doc
i
1
i
Page 7 of 7
' EXHIBITS
' NONCONFORMING LOTS - REVISE
#ZCA-2005-8/KIVA #RPP6 -2054867
(Gloria Gould-Wessen)
Exhibit Date Submitted By Description
No. Rec'd
1. 714106 Michael Johnson/Sharon OPPOSES the proposed amendment Ltr rcvd & submitted to
' Bersaas and LUPB as part of the 7/24/06 Hrg Pkt for their review (Clark Nghbrd)
Tera& Dixie Dreblow Submitted for the record at the 7/24/06 LUPB Hearin
2. 7/19/06 John Reeves OPPOSES the proposed amendment—Letter received in P S ofc
on 7119106 Copies of this Exhibit mailed to the LUPB mbrs 7119106
' followed by E-mail message (Scenic Hill)
Submitted for the record at the 7/24106 LUPB Hearin
3. 7124/06 Steve Leavitt OPPOSES the proposed amendment—Letter delivered to PS ofc
7124/06(Submitted for the record at the 7/24106 LUPB Hrg)(Clark?)
' 4. 7/24/06 Eric& Ingeborg Gronau OPPOSES the proposed amendment—Letter delivered to PS ofc
7/24/06 (Submitted for the record at the 7/24/06 LUPB Hrg)
5. 7/24/06 Carmen&Herb Smith OPPOSES the proposed amendment—Letter delivered to PS ofc
I 7/24106 (Submitted for the Record at the 7124/06 LUPB Hrg)
6. 7/24/O6 Desiree Canter OPPOSES the proposed amendment—Submitted at the 7/24106
LUPB Hrg and subsequently submitted for the Record by G-GW
7. 7124/06 Larry Stougard OPPOSES the proposed amendment—Submitted at the 7/24/06
' LUPB Hrg and subsequently submitted for the Record by G-GW
8. 7/24/06 Angletta &George OPPOSES the proposed amendment—Submitted at the 7/24/06
Townsend, and Mike LUPB Hrg and subsequently submitted for the Record by G-GW
Ger ich
9. 7/24106 Debbie Smith OPPOSES the proposed amendment—Submitted at the 7124106
LUPB Hrg and subsequently submitted for the Record by G-GW
10. 7/27/06 Jill Rating OPPOSES the proposed amendment—Submitted post 7/24/06
LUPB Hrg&subsequently to be submitted for the record at the
8121/06 PEDC Mtg for the Record by G-GW
11. 8/1/06 Carmen& Herb Smith OPPOSES the proposed amendment—Submitted post 7/24/06
Fwd'd from City Cncl LUPB Hrg&subsequently to be submitted for the record at the
8/21/06 PEDC Mtg for the Record by G-GW
1 12. 811/06 Desiree Canter OPPOSES the proposed amendment—Submitted post 7124106
LUPB Hrg &subsequently to be submitted for the record at the
8/21/06 PEDC Mtq for the Record by G-GW
s
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i
S IPermitlP/anIZONECODEAMEND110051Zr,4-10058 NonconLots 10548671ExhrbLsbstd0C
PMottram Page 1 8/28/2006
Chapter 15.08
GENERAL AND SUPPLEMENTARY PROVISIONS*
E. Nonconforming lots.
1. Applicability of restrictions Regulations applicable to nonconforming lots are in
' addition to the regulations applicable to nonconforming uses, structures, and signs, and,
in the event of conflict, the most restrictive provisions shall apply.
' 2. Nonconforming lots of record.
' a. Residential districts.
(1) In any district in which single-family dwellings are permitted, a single-family
Idwelling and customary accessory buildings may be erected on any single lot of
record as of June 20, 1973, notwithstanding limitations imposed by other
provisions of this title. Such lot must be in separate ownership and not of
continuous frontage with other lots in the same ownership This provision shall
apply even though such lot fails to meet the requirements for area or width that
are generally applicable in the district; provided, that yard dimensions and
requirements other than those applying to area or width of the lot shall conform to
the regulations for the district in which such lot is located.
' (2) In all single-family zoning districts, with the exception of the SR-8 zoning
district, if two (2) or more lots or combinations of lots and portions of lots with
continuous frontage in single ownership are of record prior to June 20, 1973, and if
' all or part of the lots do not meet the minimum requirements established for lot
width and area, the land involved shall be considered to be an undivided parcel for
' the purposes of this title, and no portion of the parcel shall be used or sold in a
manner which diminishes compliance with lot width and area requirements
established by this title, nor shall any division of any parcel be made which creates
a lot with width or area below the requirements stated in this title.
(3) In the SR-8 zoning district, if two (2) or more single-family zoned lots or
combination of lots and portions of lots with continuous frontage in single
ownership are of record prior to June 20, 1973, and if all or part of the lots do not
meet the following minimum requirements established for lot width, lot area, and
topography, the land involved shall be considered to be an undivided parcel for the
purposes of this title, and no portion of the parcel shall be used or sold in a manner
' which diminishes compliance with lot width and area requirements established by
this title, nor shall any division of any parcel be made which creates a lot with
width or area below the requirements stated in this title.
(a) Minimum lot area Four thousand six hundred (4,600) square feet
(b) Minimum lot width: Forty (40) feet. '
(c) Maximum site slope- Fifteen (15) percent. '
(4) In any district in which duplex dwellings are permitted, a duplex dwelling and '
customary accessory buildings may be erected on any single lot of record as of
June 20, 1973, with a minimum area of seven thousand two hundred (7,200)
square feet, notwithstanding limitations imposed by other provisions of this title. ,
Such lot must be in separate ownership and not of continuous frontage with other
lots in the same ownership This provision shall apply even though such lot fails to ,
meet the requirements for area or width that are generally applicable in the
district, provided, that yard dimensions and requirements other than those
applying to area or width of the lot shall conform to the regulations for the district
in which such lot is located ,
b. Other districts. In any other district, permitted building and structures may be
constructed on a nonconforming lot of record, provided site coverage, yard, '
landscaping, and off-street parking requirements are met. Such lots must be in
separate ownership and not of continuous frontage with other lots in the same ,
ownership prior to June 20, 1973, and if all or part of the lots do not meet the
minimum requirements established for lot width and area, the land involved shall be '
considered to be an undivided parcel for the purposes of this title, and no portion of
the parcel shall be used or sold in a manner which diminishes compliance with lot
width and area requirements established by this title, nor shall any division of any
parcel be made which creates a lot with width or area below the requirements stated
in this title. '
htti)://www.ci.kent.wa.us/citycode/kentl5O8.asp#15.08.100 8/28/2006
Kent City Council Meeting
Date September 5, 2006
Category Consent Calendar
1 1. SUBJECT: ORDINANCE AMENDING FIRE CODE — ADOPT
1 2. SUMMARY STATEMENT: Adopt Ordinance No. , which amends
various provisions of Ch. 13.01 of the Kent City Code pertaining to the adoption of the
International Fire Code.
The Fire Department has completed its annual review of the Kent City Code and its
Fire Prevention Division recommends amending various provisions of Ch. 13.01 of
the Kent City Code. The changes included in the proposed ordinance consist of
housekeeping amendments, amendments to streamline the code, and amendments to
address development needs. A more detailed description of the changes is provided in
the attached memo from Jon Napier, Kent's Fire Marshal.
3. EXHIBITS: Ordinance and memo from Division Chief Jon Napier, Fire Marshal,
dated 8/l/2006
4. RECOMMENDED BY: Planning & Economic Development Committee
(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:
I ACTION:
Council Agenda
Item No. 6G
' FIRE
Jim Schneider, Fire Chief
Fire Prevention
Fire Marshal Jon Napier, Division Chief
K E N T Phone- 253-856-4400
WASHI.GTON Fax- 253-856-6400
Address- 220 Fourth Avenue S
Kent, WA 98032-5895
' August 1, 2006
To: Kent City Council
' From: Division Chief Jon Napier, Fire Marshal
Re: 2006 Title 13 Update
Introduction
In the spring of 2004, Fire Prevention brought to this committee the changes to
' Title 13 for the adoption of the International Fire Code. As you may remember, Title
13 had not been updated for over a decade. The peer assessment team that
evaluated our department for our accreditation also noted this and recommended
that we perform a yearly evaluation of the code to ensure that it is meeting the
needs of our community and public safety.
The last update to Title 13 was performed by Fire Prevention staff members without
feedback from the stakeholders. We decided to try something new by holding
several focus groups in 2 primary areas of impact; development and business. The
purpose of these groups were to solicit input and assist in the actual development
of the code language you see before you.
The changes contained in the following ordinance were needed for house keeping,
streamlining of code and to address development needs. There were two significant
areas where the focus groups were helpful; creation of residential fire lanes and the
installation of fire protection systems in non-conforming buildings.
Summary of Changes
' The following table will outline the significant changes to the code and reasoning for
the needed changes. The full ordinance with changes can be found in Exhibit A.
' Citation Changes Reasonin
503.3.1 Type 1 1. Identification of use in 1. The proposed changes
Marking commercial and multi-family were based on comments
' developments. from the focus groups,
2. Better description of striping companies and
placement of paint stripe staff.
' and stenciling. 2. It clarifies the application
3. Identification of application of the "painted fire lane".
in hammerhead, "Y"
' turnarounds and problem
parking areas.
r
Staff Report r
2006 Title 13 Update
503.3.2 Type 2 1. Identification of use in one- 1. The proposed changes r
Marking and two-family dwelling were needed to address
developments and required fire lanes in residential
cul-de-sacs. areas.
2. Clarification of signage 2. The proposed changes
spacing, installation and were based on comments ,
mounting requirements. from the focus groups,
3. Creation of portable or developers and city staff.
temporary post/base 3. This "no paint fire lane" r
requirements for will be used so not to
construction sites. detract from the
neighborhood look and
feel.
4. The portable or
temporary post/base ,
requirement was needed
for enforcement of
construction site fire r
lanes.
5. It is important to note
that required ,
turnarounds and problem
areas will be painted to
ensure public safety.
901.1.1 Alterations 1. Deleted existing language in 1. Existing language was
and Additions it's entirety. difficult and cumbersome
2. Replaced language with to apply for city staff.
code language from Mercer 2. Existing language was
Island modified to fit our difficult to apply for
sprinkler thresholds. business and land
owners for making
decisions.
3. The focus group chose '
this code language
because it would be
easier to use and make '
decisions.
4. Staff agreed with their
recommendations. It will ,
be easier to identify
when a building will need
to be brought up to r
current codes.
r
Page 2 of 5
tStaff Report
2006 Title 13 Update
903.2 Where 1. Added language for 1. This has been the policy
' required requirement of sprinklers of the department for
when grade is 12% or well over a decade.
greater. Unsure why it was not in
previous update.
B105.1.1 1. Created exception for fire 1. Created to address the
Accessory Group U flow requirements for Group increased number of
buildings U buildings (detached small detached garages.
garages) when they are 2. Allows the 1000 GPM
accessory to a residence requirement for the
and meet certain conditions. residence to be used
instead of the 1500 GPM
normally required by the
code for Group U
structures.
D103.3 Turning 1. Increases radius. 1. Public Works staff
Radius 2. Clarifies the process of identified the need to
measurement of the radius. increase the values.
2. Will allow for safer
' operation of fire
apparatus.
3. Will not impact the
standard 90' cul-de-sac.
' Focus Group Makeup
This was the first time that we have used focus groups in the code update process.
We will be utilizing this format in the future for this process. The input and
' perspective of the members was valuable in the creation of the code language. The
members spent between 1 to 3 hours with staff discussing several areas at different
times. The following is a list of members who participated in one of the groups.
' Business Focus Group Members
Garrett Huffman, MBA/Kent Chamber
' Marcelle Pechler, Kent Chamber of Commerce
Brian A Winslow. Boeing Company/Kent Chamber
Dale Klappenbach, Klappenbach Architects
Howard Williamson, Alarm Specialist Consulting and Design
Tracy Lord, Fire Systems West
Dan Radloff, Fire Systems West
' Greg Baklund, RREEF Management
Doug Scharnhorst, representing Kent Downtown Partnership
David Reuter, Precision Alarm
' Charles Lindsey, Kent Facilities Superintendent
Greg Coleman, RREEF Management
Page 3of5
Staff Report '
2006 Title 13 Update
Development Focus Group Members
Ron Bowen, Polygon Northwest Company
Garrett Huffman, Master Builders of King and Snohomish Counties '
Fred Satterstrom, Community Development Director
Charlene Anderson, Planning Services Manager
Bob Hutchinson, Building Official ,
Mike Gillespie, PWE Development Manager
Frank Spanjer, PWE Transportation Engineer 3
Staff Recommendation '
Staff recommends the approval of the proposed changes. '
Page 4of5
1
' ORDINANCE NO.
AN ORDINANCE of the city council of the city of
Kent, Washington, amending various provisions of
Chapter 13 01 of the Kent City Code pertaining to the
adoption of the International Fire Code.
RECITALS
' A. On May 4, 2004, the Kent City Council enacted Ordinance No. 3691,
which adopted by reference the International Fire Code, effective July 1, 2004,
which was codified as Kent City Code Chapter 13.01. In addition to adopting the
' International Fire Code, the ordinance also amended various sections of that code
to apply within the Jurisdiction of the city of Kent.
' B. After completing its annual review of the Kent City Code and the
' current International Fire Code, Kent's fire prevention division recommends
amending various provisions of Chapter 13.01 of the Kent City Code that amended
' the International Fire Code.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
' WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
1 International Fire Code Amendments-
Ch. 13.01 of the Kent City Code
ORDINANCE '
SECTION 1. - Amendment. Chapter 13.01.060 of the Kent City Code, '
entitled "Amendments to the International Fire Code - Chapter 5, Fire Service
Features," is amended as follows:
Sec. 13.01.060. Amendments to the International Fire Code - ,
Chapter 5, Fire Service Features. The following local amendments to Chapter 5
of the International Fire Code, entitled "Fire Service Features," are adopted and '
incorporated into the International Fire Code:
A. Fire service features - Fire apparatus access roads. Section 503 of the '
International Fire Code, entitled "Fire Apparatus Access Roads," is hereby adopted.
B. Fire apparatus access roads - Dimensions. Section 503 of the International
Fire Code, entitled "Fire Apparatus Access Roads," is amended by substituting '
subsection 503.2.1 with the following:
Sec. 503.2.1 Dimensions. The following minimum '
dimensions shall apply for fire apparatus access roads:
1. Fire apparatus access roads shall have an '
unobstructed width of not less than 20 feet (6096 mm),
except for approved security gates in accordance with
section 503.6, and an unobstructed vertical clearance of ,
not less than 13 feet 6 inches (4115 mm)
2. In the immediate vicinity of any building or
portion thereof in excess of 28 feet in height, the fire '
apparatus access road shall have an unobstructed width
of not less than 26 feet (7924 mm) and an unobstructed
vertical clearance of not less than 13 feet 6 inches (4115
mm). ,
3. At least one of the required fire apparatus access
roads shall be located a minimum of 15 feet and a
maximum of 25 feet from each building on the premises '
and shall be positioned parallel to one entire side of each
building. The measurement for this requirement shall be
taken from the exterior wall of the building to the ,
nearest edge of the fire apparatus access road.
1
2 International Fire Code Amendments- '
Ch. 13.01 of the Kent City Code
1
1 C. Fire apparatus access roads - Bridges and elevated surfaces. Section 503
of the International Fire Code, entitled "Fire Apparatus Access Roads," is amended
1 by substituting subsection 503.2.6 with the following:
Sec. 503.2.6 Bridges and elevated surfaces. Where
a bridge or an elevated surface is part of a fire
apparatus access road, the bridge or elevated surface
1 shall be constructed and maintained in accordance with
specifications established by the fire code official and the
City's public works director, or their designees, at a
minimum, however, the bridge or elevated surface shall
1 be constructed and maintained in accordance with
AASHTO Standard Specifications for Highway Bridges.
Bridges and elevated surfaces shall be designed for a
1 live load sufficient to carry the imposed loads of a 30 or
more ton fire apparatus, the total imposed load to be
determined by the fire code official Vehicle load limits
' shall be posted at both entrances to bridges when
required by the fire code official. Where elevated
surfaces designed for emergency vehicle use are
adjacent to surfaces which are not designed for that use,
1 approved barriers or approved signs, or both, shall be
installed and maintained, if required by the fire code
official.
1 D. Fire apparatus access roads - Marking. Section 503 of the International Fire
1 Code, entitled "Fire Apparatus Access Roads," is amended by substituting
subsection 503.3 with the following:
1 Sec 503.3 Marking. Fire apparatus access roads shall
be marked whenever necessary to maintain the
unobstructed minimum required width of roadways.
1 Subject to the fire code official's prior written approval,
marked fire apparatus access roads, or "fire lanes" as
defined in section 502 1 of the code, may be established
1 or relocated at the time of plan review, pre-construction
site inspection, and/or post construction site inspection
as well as any time during the life of the occupancy.
Only those fire apparatus access roads established by
1 the fire code official can utilize red marking paint and
the term "fire lane." Fire lanes shall be marked as
directed by the fire code official with one or more of the
1 following types of marking:
503.3.1 Type 1. Type 1 marking shall be
installed to identify fire lanes on commercial and multi-
family developments or as directed by the fire code
official. The following shall apply to Type 1 marking:
3 International Fire Code Amendments-
Ch. 13.01 of the Kent City Code
1
1. Curbs shall be identified by red traffic ,
paint with a 6 inch wide stripe on the top and front,
extending the length of the designated fire lane. '
2. Rolled curbs shall be identified by red
traffic paint with a 6 inch wide stripe on upper most
portion of the curb, extending the length of the
designated fire lane.
3. Lanes without curbs shall be identified by
red traffic paint with a 6 inch wide stripe on the
pavement, extending the length of the designated fire
lane.
4. The words "NO PARKING - FIRE LANE"
shall be in 3 inch stroke white letters 18 inches in
height, and placed 8 inches measured perpendicular
from the red paint stripe on the pavement. Locations
and intervals wiw+ll be designated by the fire code
official; marking will not exceed 50 feet apart In most
cases, both sides of the access road shall be marked.
Where long drives are to be marked, the repetitions '
shall alternate sides of the drive.
5. The fire code official may reauire Type 1
marking for hammerhead or "Y" turnarounds or in any
fire lane area that the fire code official determines has
i-n-problem parking. The fire code official may require
aFeas, TTvpe 2 marking in addition when necessary.s-ia
503.3.2 Type 2. Type 2 marking shall be
installed to identify fire lanes in one- and two-family
dwelling developments; cul de sac turnarounds as
required by Appendix D of the Fire Code; or as directed
by the fire code official. The following shall apply to Type
2 marking:
1.
Type 2 marking shall the
add rgquires metal signs stating "NO PARKING -
FIRE LANE" to be installed at intervals or locations
designated by the fire code official
sE)ae1i9EiRixleRgsignage will not to exceed 10501 feet
apart.
2. The signs shall be aPPF8M1Ff1
measure 12 inches in width and 18 inches in height and
have red letters on a white background.
3. A metal sign shall be installed on
eithefboth sides of the post to face+eg traffic to ensure
high visibility for motorists. Metal sSigns shall be
installed— as required by current Gty of Kent
Construction Standards.
PHYate , OF tFeated 4 ineh by 4 ineh weed pests,
feF pHbliE PFE)peFty, and shall be leeated se that the
4 International Fire Code Amendments-
Ch. 13.01 of the Kent City Code
bette rn f the. sign is a minlmuFn of 7 feet ..hem the
.stalled pe.r City o f Kent e. standaF tpp F,„^ ear 1 Vd Z dfRTo IT1 6
�'� TV
ngs E)
tr EtHlFes and when ^signs Fnay e,d eF d r .,teal by the fire
e.ade eff al the placed an the farze f__the
Exception: On construction sites, approved
portable or temporary sign posts and bases may be
used.
4. Where fire lanes are adiacent to buildings
or structures and when approved or directed by the fire
code official, the signs may be placed on the face of the
building or structure.
5 I]e e.d e.I d sae t. -.nds shII he.
r 'raricccdr
6. Reamed harrirnerhead erg
turnaFeHnds and E)Feb!eFn E)aFkinEi areas shall have
i mairle
503.3.3 Type 3. The following shall apply to
Type 3 marking:
1. Where directed by the fire code official,
specific areas shall be designated and those areas are to
be marked with diagonal striping across the width of the
fire lane Diagonal marking shall be used in conjunction
with painted curbs and/or edge striping and shall run at
an angle of 30 to 60 degrees from one side to the other.
These diagonal lines shall be in red traffic paint, parallel
with each other, at least 6 inches in width, and 24
inches apart. Lettering shall occur as with Type 1
marking.
Alternate
ater a's and
methods.
5n�3.3.4 od^'
The f+Fe-^de-eff'eia e.dif, Easeby
see
h UJIJ, any e f the, rl. this .- e.ht.
V
503.3 wherepraetieal d+ffieult+es exist. Medific-atien
El eat.• shall he, _Libmtt_d ... ..rtr.g to the Fry _ed_
E. Access to building openings and roofs - Required access. Section 504 of
the International Fire Code, entitled "Access to Building Openings and Roofs," is
amended by substituting subsection 504.1 with the following:
Sec. 504.1 Required access. The following points of
access must be provided:
5 International Fire Code Amendments-
Ch. 13.01 of the Kent City Code
1. Exterior doors and openings required by this code
or the International Building Code shall be maintained
readily accessible for emergency access by the fire
department.
2. Each tenant space provided with a secondary exit
to the exterior or exit corridor shall be provided with
tenant identification by business name and/or address.
Letters and numbers shall be posted on the
corridor/exterior side of the door, be plainly legible, and
shall contrast with their background
3. An approved access walkway shall be provided to
connect fire apparatus access roads to exterior
openings.
4. All rescue windows shall be accessible by a 35-
foot ground extension ladder placed so that the
inclination of the ladder does not exceed 70 degrees. An
area of discharge, 36 inches in all directions around the
base of the ladder, shall be provided. Ladders and
associated areas of discharge shall be located within the
property lines.
5. All occupancies shall be required to provide
approved life safety rescue access, as defined in section
902 of this code.
Exception: Group U occupancies.
6. The provisions of this subsection shall apply if, at
the time of the first permit application, the county
assessed valuation for the building(s) subject to the
permit application will increase by more than 50 percent
due to alterations or repairs to the building(s) within any
70 month time period. Additions to an existing structure
shall be considered new construction and subject to the
provisions of this section If additions to an existing
structure cause a building to meet the area, number of
floor levels, or units that would subject a new building to
the requirements of this section, the entire building will
then be required to comply with this section.
sueh time as an existing See. 508.1.1 Existing non confirming hydrants. At
eaHf-eFFn te the Fequ'Fements and standards of
this
6 International Fire Code Amendments-
Ch. 13.01 of the Kent City Code
G. Fqr-e pr-eteetien water supplies Where required. SeetleR 508 ef the
1TgtQrnCrtienal t tl .d "C P teet Wat.. Supplies,"n nde d h
� `�, u by
See. 588.51 Where required. All buildings8F
stFuetuFes shall be 'oeated se that theFe is at least 1
er StFbEtbiFeis FfleFe the 390 feet fFenq a by d. nt _
.
F++. Fire protection water supplies - Installation requirements. Section 508 of
the International Fire Code, entitled "Fire Protection Water Supplies," is amended
by substituting subsection 508.5.7 with the following:
Sec 508.5.7 Installation requirements. All fire
hydrants shall be installed in accordance with the
specifications established by the fire code official or his
or her designee, or at a minimum, in accordance with
the latest NFPA, APWA, or AWWA standards. In
addition, unless modified by written decision of the fire
code official, the following requirements shall apply to all
building construction projects:
1. All fire hydrant piping, valves, and related
appurtenances shall be approved by the City's public
works department
2. The fire hydrant installation and its attendant
water system connection shall conform to the City's
specifications and design and construction standards.
3. An auxiliary gate valve shall be installed at the
main line tee to permit the repair and replacement of
the hydrant without disruption of water service.
4. All hydrants shall be plumb, plus or minus 3
degrees, to be set to finished grade with the bottom
flange 2 inches above the ground or curb grade and
have no less than 36 inches in diameter of clear area
around the hydrant for the clearance of hydrant
wrenches on both outlets and the operating nut.
5. The largest port shall face the most likely
direction of approach and location of the fire apparatus
while pumping as determined by the fire code official.
Distance from the pumper port to the street curb shall
be no further than 10 feet.
6. The lead from the service main to the hydrant
shall be no less than 6 inches in diameter. Any hydrant
leads over 50 feet in length from the water main to
hydrant shall be no less than 8 inches in diameter.
7 International Fire Code Amendments-
Ch. 13.01 of the Kent City Code
7. All hydrants installed in single family residential
areas shall be supplied by not less than 6 inch mains
and shall be capable of delivering 1,000 gpm fire flow
over and above average maximum demands at the
farthest point of the installation.
8. All hydrants shall have at least 5 inch minimum
valve openings, "O" ring stem seal, two 21/2 inch national
standard thread hose ports, one 4112. inch steamer port
with national standard threads or otherwise determined
by the fire code official. In addition, all hydrants shall
meet AWWA standards for public hydrants and be of a
type approved for use in the City by the City's public
works department.
9. All pipe shall meet the City standards as
determined by the public works department. Piping
located entirely within private property and maintained
by the property owner shall meet the requirements and
be approved by the fire code official. The fire code
official may approve any piping material that has been
tested and approved by a nationally recognized testing
laboratory.
10. The maximum distance between hydrants in
single family use district zones shall be 600 feet.
11. The maximum distance between hydrants in
commercial, industrial, and apartment (including duplex)
use zones shall be 300 feet.
12. Lateral spacing of hydrants shall be predicated
on hydrants being located at street intersections.
13. The appropriate water authority and the fire
department shall be notified in writing of the anticipated
date the hydrant installation and its attendant water
connection system will be available for use.
G1. Fire protection water supplies - Notification. Section 508 of the
International Flre Code, entitled "Fire Protection Water Supplies," is amended by
adding a new subsection 508.6 as follows:
Sec. 508.6 Notification. The owner of property on
which private hydrants are located and the public
agencies that own or control public hydrants must
provide the fire code official with the following written
service notifications:
Sec. 508.6.1 In-service notification. The fire
code official shall be notified when any newly installed
hydrant or main is placed into service.
8 International Fire Code Amendments-
Ch. 13.01 of the Kent City Code
Sec. 508.6.2 Out-of-service notification.
Where any hydrant is out of service or has not yet been
placed in service, the hydrant shall be identified as being
out of service and shall be appropriately marked as out
of service, by a method approved by the fire code
official.
H3. Fire protection water supplies - Dead-end mains prohibited. Section 508 of
the International Fire Code, entitled "Fire Protection Water Supplies," is amended
by adding a new subsection 508.7 as follows:
Sec. 508.7 Dead-end mains prohibited. When
appropriate, all water mains in any project shall be
looped.
IK. Fire protection water supplies - Building permit requirements. Section 508
of the International Fire Code, entitled "Fire Protection Water Supplies," is
amended by adding a new subsection 508.8 as follows:
Sec. 508.8 Building permit requirements. No
building permit shall be issued until all plans required by
1 this section have been submitted and approved in
accordance with the provisions of this section. No
construction beyond the foundation shall be allowed
until all hydrants and mains required by this section are
in place and approved.
J6. Fire department access to equipment - Identification. Section 510 of the
International Fire Code, entitled "Fire Department Access to Equipment," is
amended by substituting subsection 510.1 with the following:
Sec. 510.1 Identification. The following identification
requirements shall apply to access to equipment.
1. Fire protection equipment and fire hydrants shall
be clearly identified in an approved manner to prevent
parking and/or other obstructions.
2. Entrances to rooms containing controls for air-
conditioning systems, sprinkler risers and valves, or
other fire detection, suppression, or control elements
shall be identified for the use of the fire department.
3 Approved signs are required to identify fire
protection equipment and equipment location. Signs
9 International Fire Code Amendments-
Ch. 13.01 of the Kent City Code
shall be constructed of durable materials, permanently
installed, and readily visible.
4. All fire department connections shall have a sign
approved by the fire code official. The sign shall speeify
the type ef water based fire preteetlen system it seFves
and the building areas seFved.
J. AH Fna'A Eentical valves and seEtlentT valves fe
wateF based flFe pFeteetlen systems shall have a sign
speeifying what the valves EentFel.
6. Al! spFiRklers and standpipe risers shail have
signs te inEheate whieh type E)f wateF based fore
preteetien system is being used.
SECTION 2. - Amendment. Section 13.01.070 of the Kent City Code,
entitled "Amendments to the International Fire Code - Chapter 9, Fire Protection
Systems," is amended as follows:
Sec. 13.01.070. Amendments to the International Fire Code -
Chapter 9, Fire Protection Systems. The following local amendments to
Chapter 9 of the International Fire Code, entitled "Fire Protection Systems," are
hereby adopted and incorporated into the International Fire Code as if fully set
forth therein. i
A. Fire protection systems - Scope and application. Section 901 of the
International Fire Code, entitled "General," is amended by substituting subsection
901.1 with the following:
Sec. 901.1 Scope and application. The provisions of
this chapter shall apply to all occupancies and buildings,
shall specify where fire protection systems are required,
and shall apply to the design, installation, inspection,
operation, testing, and maintenance of all fire protection
systems; however, nothing contained in this chapter
shall diminish or reduce the requirements of any duly
adopted building codes, including state and local
amendments, or other city ordinances, resolutions, or
regulations. In the event of any conflict in requirements
among these codes, ordinances, resolutions, or
regulations, the more stringent provision shall apply.
10 International Fire Code Amendments-
Ch. 13.01 of the Kent City Code
B. Fire protection systems - Alterations and additions. Section 901 of
the International Fire Code, entitled "General," is amended by adding a new
subsection 901.1.1 as follows:
Sec. 901.1.1 Alterationsrepairs, and additions.
The provisions of this chapter shall apply to additions
and substantial alterations to existing buildings
regardless of use when such addition or substantial
alteration plus the existing gross floor area equals
10,000 or greater square feet. For purposes of this
section, a substantial alteration shall be defined as an
alteration that costs 50 percent or more of the current
assessed value of the structure and impacts more than
50% of the gross floor area. The picevislens of
h.-eet' . shall apply F at the tang of the first a _-•
i ^
appileation, the eeHnty assessed -,I .-.t ,. fee the
the building(s) within any 70 Fnenth time peFled.
new str .mot o and subject to the PF8VIS18RSof this
hits that—would strb}eet a new building te the
nts ..f this et e the Rt Fe building II then
i ca:�un`� �,
be FeqbilFed te eeFnply with this section-.
' C. Fire protection systems - Standards. Section 901 of the International Fire
Code, entitled "General," is amended by substituting subsection 901.6.1 and Table
901.6.1 with the following:
Sec. 901.6.1 Standards. Fire protection systems shall
be inspected, tested, and maintained in accordance with
the National Fire Protection Association ("NFPA")
standards listed in Table 901.6.1 below
Table 901.6.1
FIRE PROTECTION SYSTEM MAINTENANCE
STANDARDS
SYSTEM STANDARD
Carbon dioxide fire-extinguishing NFPA 12
systems
1 Clean agent fire-extinguishing systems NFPA 2001
Dry chemical fire-extinguishing systems NFPA 17
11 International Fire Code Amendments-
Ch. 13.01 of the Kent City Code
Emergency power systems NFPA 110 &
NFPA 111
lfl�n��i
Fire alarm systems NFPA 72
Fire doors NFPA 80
Foam fire-extinguishing systems NFPA 11
Halogenated fire-extinguishing systems NFPA 12A
Portable fire extinguishers NFPA 10
Smoke-control systems NFPA 92A
Underground fire lines and hydrants NFPA 25
Water-based fire protection systems NFPA 25
Water-mist systems NFPA 750
Wet chemical fire-extinguishing systems NFPA 17A
D. Fire protection systems - Records. Section 901 of the International Fire
Code, entitled "General," is amended by substituting subsection 901.6.2 with the
following:
Sec. 901.6.2 Records. Records of all system
inspections, tests, and maintenance FeElaiFed by the
shewill be maintained
3 wears by the buildina owner was required
by the International Fire Code and the referenced
standards. A copy of each inspection, test, or
maintenance record shall be forwarded to the fire code
official within 30 days of the date the inspection, test, or
maintenance occurred.
E. Fire Protection Systems - Definitions. Section 902 of the International Fire
Code, entitled "Definitions," is amended by adding the following three definitions:
FIRE FLOW. A measure of the sustained flow of
available water for firefighting at a specific building or
within a specific area at 20 pounds-per-square-inch
residual pressure.
FIRE WALL. An approved wall of not less than 4 hour
fire-resistive construction with no openings, which
extends vertically from the foundation to terminate in a
parapet not less than 30 inches above the roof, and
which extends horizontally to the furthest projection of
any portion of the building or to a point 30 inches j
beyond the intersecting exterior wall, whichever is
12 International Fire Code Amendments-
Ch. 13.01 of the Kent City Code
furthest. As an alternative to the horizontal
requirements, such fire wall may be extended a
minimum of 30 inches along both sides of the
intersecting exterior wall, provided there are no
projections beyond the intersecting exterior wall.
jLIFE SAFETY RESCUE ACCESS. Unobstructed access
to all floor levels and each roof level of a building on not
less than 20 percent of the building perimeter by
utilizing a 35 foot ladder. An alternate method would be
at least 1 stairway enclosure with exit doorways from
each floor level and with a door opening onto each roof
level which conforms to the requirements of the
International Building Code.
F. Automatic sprinkler systems - Where required. Section 903 of the
International Fire Code, entitled "Automatic Sprinkler Systems," is amended by
supplementing subsection 903.2 with the following:
Sec. 903.2 Where required. Approved fire sprinkler
systems shall be installed as follows:
1. In all buildings without adequate fire flow as
required by this code.
Exception: Group U Occupancies.
2. All new buildings and structures with a gross
floor area of 10,000 or more square feet (929 m2), or
where this code provides a more restrictive floor area
requirement, and shall be provided in all locations or
where described by this code.
Exception: Spaces or areas in telecommunications
buildings used exclusively for telecommunications
equipment, associated electrical power distribution
equipment, batteries, and standby engines, provided
those spaces or areas are equipped throughout with
an automatic fire alarm system and are separated
from the remainder of the building by a wall with a
fire-resistance rating of not less than 1 hour and a
floor/ceiling assembly with a fire-resistance rating of
not less than 2 hours.
3. Where this code requires the installation of an
automatic sprinkler system to protect an occupancy
within an otherwise non-sprinklered building, then
automatic sprinkler protection will be required
throughout the entire building.
4. When the reauired fire apparatus access roadway
grade is 12 percent or greater.
13 International Fire Code Amendments-
Ch. 13.01 of the Kent City Code
G. Automatic sprinkler systems - Group A-3. Section 903 of the International
Fire Code, entitled "Automatic Sprinkler Systems," is amended by supplementing I
subsection 903.2.1.3 with the following:
Sec. 903.2.1.3 An automatic sprinkler system shall be
provided for Group A-3 occupancies where one of the
following conditions exists:
1. The fire area exceeds 12,000 square feet (1115
m2).
2. The fire area has an occupant load of 300 or
more.
3. The fire area is located on a floor other than the
level of exit discharge.
4. Dance halls where the total gross floor area
exceeds 5,000 square feet (465 m2).
H. Automatic sprinkler systems - Speculative use warehouses. Section 903 of
the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by
adding the following new subsection 903.2.8.3:
Sec. 903.2.8.3. Speculative use warehouses. '
Where the occupant, tenant, or use of the building or
storage commodity has not been determined or it is
otherwise a speculative use warehouse or building, the
automatic sprinkler system shall be designed and
installed in accordance with the following:
1. The design area shall be not less than 5,600
square feet (520 m2).
2. The density shall be not less than that for class IV
non-encapsulated commodities on wood pallets, with no
solid, slatted, or wire mesh shelving, and with aisles that
are 8 feet or more in width and up to 20 feet in height.
3. C.-. nkle piping that is it h aF ..
�co ur�d l�iyu�1.�1
hall pFe .id.. .tten F F Eats . appFeVing ..F the ...at
and dead leads.
I. Automatic sprinkler systems - Alarms. Section 903 of the International Fire
Code, entitled "Automatic Sprinkler Systems," is amended by substituting
subsection 903.4.2 with the following:
Sec. 903.4.2 Alarms - Exterior notification.
Approved audible alarm devices shall be connected to
14 International Fire Code Amendments-
Ch. 13.01 of the Kent City Code
1
every automatic sprinkler system. Such sprinkler water-
flow alarm devices shall be activated by water flow
equivalent to the flow of a single sprinkler of the
smallest orifice size installed in the system. Alarm
devices shall be water-motor operated and shall be
provided on the exterior of the building in an approved
location at each riser or riser group.
Exception: NFPA 13D and NFPA 13R sprinkler
systems may utilize an electrically operated alarm bell
on the exterior of the building in an approved location at
each riser or riser group, provided that the electrically
operated alarm bell cannot be silenced during water
flow
903.4.2.1 Alarms - Interior notification. Actuation
of the automatic sprinkler system shall actuate interior
audible/visual notification appliances as outlined in PIFPA
72 t all exiis Fr..... all flee er ..here a Fire a'aFffl
system is installed International Fire Code section
907.10. The f F lar-m stem et fleat e eireu is shall
If an Eexisting non-conforming system's control
panel or communicator is replaced, the replacement
system must meet this requirement when theinstalled.
fire alarFn eentFel nel andrer eenqmHnieater are
Exception:
systems de net require interior audible/visbial
■
-Structures under
7,000 square feet unless otherwise required by the
International Fire Code.
3. Fire alarm and detection systems - General. Section 907 of the
International Fire Code, entitled "Fire Alarm and Detection Systems," is amended
to add subsection 907.1.3 as follows:
Sec 907.1.3 Fire detection system. In addition to
any requirement of subsection 907 2 or 907 3, all
occupancies exceeding 7,000 square feet gross floor
area shall be required to provide an approved automatic
1 fire detection system. Fire walls as noted in the
International Building Code shall not be considered to
separate a building to enable deletion of the required
' fire detection system unless the fire walls are as defined
in section 902 of this code.
15 International Fire Code Amendments-
Ch. 13.01 of the Kent City Code
Exceptions:
1. Group U Occupancies.
2. Occupancies protected throughout by an
approved/monitored automatic sprinkler system can
delete heat detectors from the system.
3. One and two family residences.
K. Fire alarm and detection systems - Duct smoke detectors. Section 907 of
the International Fire Code, entitled "Fire Alarm and Detection Systems," is
amended to repeal Exception 1 in subsection 907.12. The amended subsection
907.12 reads as follows:
Sec. 907.12 Duct smoke detectors. Duct smoke
detectors shall be connected to the building's fire alarm
control panel when a fire alarm system is provided.
Activation of a duct smoke detector shall initiate a
visible and audible supervisory signal at a constantly
attended location. Duct smoke detectors shall not be
used as a substitute for required open area detection.
Exception: In occupancies not required to be
equipped with a fire alarm system, actuation of a smoke
detector shall activate a visible and an audible signal in
an approved location. Smoke detector trouble
conditions shall activate a visible or audible signal in an
approved location and shall be identified as air duct
detector trouble.
SECTION 3. - Amendment. A new section, section 13.01.090, is added to
the Kent City Code, entitled "Amendments to the International Fire Code -
Appendix B, Fire-Flow Requirements for Buildings," as follows:
Sec. 13.01.090. Amendments to the International Fire Code
Appendix B. Fire-Flow Requirements for Buildings. The following local
amendments to Appendix B to the International Fire Code, entitled "Fire-Flow
Requirements for Buildings," are hereby adopted and incorporated into the
International Fire Code as if fully set forth herein.
A. Fire-Flow Requirements for Buildings - Accessory Group U buildings.
Section B105 of the International Fire Code, entitled "Fire-Flow Requirements for
Buildings," is amended by adding a new subsection B105.1.1:
16 International Fire Code Amendments-
Ch. 13.01 of the Kent City Code
Sec. B105.1.1 Accessory Group U buildings.
Section B105.2 will not apply to accessory group U
buildings if all of the following conditions apply:
1. The residence and accessory group U building
T aggregate gross floor area does not exceed 3600 square
feet.
2. The residence meets the fire flow requirements of
section B105.1.
3. The residence and accessory group U building
meet the requirements of sections 503.1.1 and 508.1.1.
4. The location of the accessory group U building is
at least 10' from any building and at least 5' from the
property line.
SECTION 4. - Amendment. A new section, section 13.01.095, is added to
the Kent City Code, entitled "Amendments to the International Fire Code -
Appendix C, Fire Hydrant Location and Distribution," as follows:
1 Sec. 13.01.095. Amendments to the International Fire Code -
Appendix C, Fire Hydrant Location and Distribution. The following local
amendments to Appendix C to the International Fire Code, entitled "Fire Hydrant
Location and Distribution," are hereby adopted and incorporated into the
International Fire Code as if fully set forth herein.
A. Number and Distribution of Fire Hydrants. Section C105 of the
International Fire Code, entitled "Distribution of Fire Hydrants," is amended by
substituting Table C105.1 with the following:
17 International Fire Code Amendments-
Ch. 13.01 of the Kent City Code
TABLE C105.1 '
NUMBER AND DISTRIBUTION OF FIRE HYDRANTS
FIRE-FLOW MINIMUM NUMBER AVERAGE SPACING MAXIMUM
REQUIREMENT OF HYDRANTS BETWEEN HYDRANTSa,b,c DISTANCE FROM
(gpm) (feet) ANY POINT ON
STREET OR ROAD
FRONTAGE TO A
HYDRANTd
1,750 or less 1 600 300
2,000-2,250 2 450 225
2,500 3 450 225
3,000 3 400 225
3,500-4,000 4 350 210
4,500-5,000 5 300 180
5,500 6 300 180
6,000 6 250 150
6,500-7,000 7 250 150
7,500 or more 8 or moree 200 120
For SI. 1 foot = 304 8 mm, 1 gallon per
minute = 3 785 L/m
a Reduce by 100 feet for dead-end streets or
roads
b Where streets are provided with median dividers which can be crossed by fire fighters pulling
hose lines, or where arterial streets are provided with four or more traffic lanes and have a traffic
count of more than 30,000 vehicles per day, hydrant spacing shall average 500 feet on each side of
the street and be arranged on an alternating basis up to a fire-flow requirement of 7,000 gallons
per minute and 400 feet for higher fire-flow requirements
c Where new water mains are extended along streets where hydrants are not needed for
protection of structures or similar fire problems, fire hydrants shall be provided at spacing not to
exceed 1,000 feet to provide for transportation hazards
d. Reduce by 50 feet for dead-end streets or roads.
e One hydrant for each 1,000 gallons per minute or
fraction thereof
I
18 International Fire Code Amendments-
Ch. 13.01 of the Kent City Code
SECTION 5. - Amendment. Section 13.01.100(E) of the Kent City Code,
entitled "Minimum specifications - Turning radius," is amended as follows:
Sec. 13.01.100. Amendments to the International Fire Code -
Appendix D, Fire Apparatus Roads.
E. Minimum specifications - Turning radius. Section D103 of the International
Fire Code, entitled "Minimum specifications," is amended by substituting subsection
ID103.3 with the following:
Sec D103.3 Turning radius. The fire apparatus access
road shall have a 2330 foot minimum inside turning
radius and a 4550 foot minimum outside turning radius.
The radius must be measured from the travel lane edge,
unless otherwise approved.
SECTION 6. - Severabilitv. If any one or more section, subsections, or
jsentences 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.
SECTZON 7. - 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
1 ATTEST:
BRENDA JACOBER, CITY CLERK
IAPPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
19 International Fire Code Amendments-
Ch. 13.01 of the Kent City Code
1
1
PASSED: day of September, 2006.
APPROVED: day of September, 2006.
PUBLISHED: day of September, 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
V\Ivll\Ordlnan¢Ca13 01-1M rndMreC eAmendm n6Afinal dec
i
1
1
1
i
1
I
1
20 International Fire Code Amendments-
Ch. 13.01 of the Kent City Code
i
Kent City Council Meeting
Date September 5, 2006
Category Consent Calendar
i 1. SUBJECT: MUTH PROPERTY STATUTORY WARRANTY DEED AND
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT—
AUTHORIZE AND ACCEPT
2. SUMMARY STATEMENT: Authorize the Mayor to accept the Statutory Warranty
Deed for the Muth property pending acceptance of the language therein by the Public
Works Director and the City Attorney
3. EXHIBITS: Memo from Mike Mactutis, 8/3/06
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue? X
Currently in the Budget? Yes No _X
If no:
1 Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
i
DISCUSSION:
ACTION:
Council Agenda
Item No. 6H
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
•
KEN Phone: 253-856-5500
WASHINGTON Fax: 253-856-6500
Address: 220 Fourth Avenue S.
Kent, WA 98032-5395
Date: August 3, 2006
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: August 7, 2006
From: Michael Mactutis, Environmental Engineering Manager
Through: Larry Blanchard, Public Works Director LJ26 0 --03^C4
Subject: Muth Property Warranty Deed
Motion: ■ Required❑ Not Required ❑ For Information Only
Recommend authorization of the Mayor to accept the Statutory Warranty Deed
pending acceptance of the language therein by the Public Works Director and the City
Attorney.
Will document be required?
❑ Ordinance ❑ Resolution ❑ Agreement ❑ Contract
❑ Policy ❑ SOP's ■ Other — Warranty Deed
fGoverning Policies Procedures Rules & Regulations:
Background/History:
A previous owner of this property sold the development rights to King County under the
Farmland Preservation Program (FPP). It was historically farmed, but has since been left
fallow for several years and approximately half of the 15.4 acre property is now regulated as
wetlands and / or buffers. Due to the wetlands, any attempts to change the property use back
to farming would require permitting from federal, state and local agencies and large amounts
of wetland mitigation areas. In addition, Johnson Creek, a salmonid bearing stream, flows
along the west side of the property adjacent to 42nd Ave. S. Farming activities would be
required to stay out of the creek and its buffers. These environmental constraints make the
property unsuitable for agriculture. Due to these constraints, King County and the current
property owner have removed the property from the FPP.
The current property owner is proposing to provide this site to the City for the relocation
and restoration of Johnson Creek away from the 42nd Ave. S. roadway, for wetland
restoration and enhancement and for a regional detention and water quality facility. This
property will be able to provide a significant amount of fish and wildlife habitat area.
P L%blrcUAmmSpP Pgrw ,areUnroaPagr/Aag7o6 do
The property owner will construct the regional detention / water quality pond at its own
cost, as well as any associated wetland mitigation for the pond and for widening of 42nd Ave.
South. The property owner is also providing funding to the City to relocate and restore
Johnson Creek away from 42nd Ave. South.
Summary:
This property, located southeast of the S 212f^ St. / 42nd Ave. S. intersection, is a property
that was historically farmed. It is not currently being farmed, has not for several years and
approximately half of the property is now classified as wetlands and / or buffers. It is a
property that will serve as a site for the restoration of Johnson Creek as well as a wetland
enhancement site The upland portion of the site will provide regional detention and water
quality for future developments along the hillside above the property. The property will be
able to provide a significant amount of habitat in the wetland and creek areas and buffers.
Recommendations:
Recommend authorization of the Mayor to accept the Statutory Warranty Deed pending
acceptance of the language therein by the Public Works Director and the City Attorney.
P lHrMrcUAmrnSuplPNTnmmfnceUdronPagdAmg706.dae
t �
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Return c/o Johns Monroe Mitsunaga PLLC
Address: ATTN: Robert Johns
1500 114`h Ave. SE, Suite 102
Bellevue, WA 93004
AUDITOR/RECORDER'S INDEXING FORM
Document Titles : STATUTORY WARRANTY DEED
Grantors : SILVER OAK LLC
Grantees : CITY OF KENT
Abbreviated legal description: North 1/2 of the Southwest 1/4 of the Northeast 1/4 0
Section 10, Township 22, Range 4 East, WM, records
of King County, Washington
,TX--Additional legal is on page 1 of document
Assessor's Property Tax Parcel Account Number: 1022049139 1022049004
STATUTORY WARRANTY DEED
The Grantor, SILVER OAK, LLC, a Washington limited liability company, for and in
consideration of one dollar and other consideration in hand paid, conveys and warrants to
Grantee, the CITY OF KENT, a Washington municipal corporation, the following described
real estate, situated in the County of King, State of Washington the ("Property"):
The North 1/2 of the Southwest 1/4 of the Northeast 1/4 of Section 10,
Township 22, Range 4 East, W.M., except the East 195.52 feet thereof; and
except that portion lying within 42"d Avenue South (Wm. A, Johnson Road
No. 1432), and except that portion lying within the right-of-way for Drainage
Ditch No. 2, and except that portion conveyed to King County for Orillia Road
(S. 21P St.) by deeds recorded under # 5975361 and 5975362, records of
King County, Washington
The covenants of warranty herein contained shall not apply to any title, interest or
encumbrance arising by, through or under title acquired by Grantee for any property other
than the Property specifically described herein.
This Statutory Warranty Deed is subject to a temporary construction easement retained by
Silver Oak, LLC, the terms of which are set forth in Attachment A to this Deed. This
Statutory Warranty Deed is also subject to the following exceptions:
1. Agreement regarding connection to a water system recorded under KIng County
Recording No. 2781851 on January 4, 1934.
Statutory Warranty Deed - 1 (August 23, 2006)
t
2. Percolation Disclosure recorded under King County Recording No. 8808021155 on
August 2, 1988.
3. Slope Easement described in deeds recorded on January 11, 1966 under King County
Recording Nos. 5975361 and 5975362.
DATED this A of , 2006.
SILVER OAK L.L.C.,
A Washington limited liability company
By: POLYGON NORTHWEST COMPANY,
a Washington general partnership
Its: Manager j
By: BRENTVIEW, INC.,
a Washington corporation
Its: Managing Partner
By: I
AAuth
hard Rawlings
Its: ized Agent
CITY OF KENT
By
Title
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
The undersigned, a Notary Public in and for the State of Washington, duly commissioned
and sworn, affirms that Richard Rawlings personally appeared before me, is known to be
the authorized agent of Brentview, Inc., a Washington corporation, who executed the
foregoing instrument, and acknowledged this instrument to be the free and voluntary act
and deed of said corporation as managing partner of Polygon Northwest Company, a
Washington general partnership, as the manager of Silver Oak, LLC, a Washington limited
liability company for the uses and purposes therein mentioned, and on oath stated that he
was authorized to execute said instrument.
Given under my hand and official seal this L day of 2006.
Off
JP �S5 ooC s�00 v _
�:o NOTq,R 9' � �� 1
co: a ; N Public In and for the State of Washington
a=. PUBLIC residing at SE;ftimL� jA
My appointment expires
a.9-oa
Statutory kVbrra yc.L ed - 2 (August 23, 2006)
� . r
STATE OF WASHINGTON }
ss,
COUNTY OF KING )
The undersigned, a Notary Public in and for the State of Washington, duly commissioned
and sworn, affirms that personally appeared before me, is known
to be the of the City of Kent, a Washington municipal corporation, who
executed the foregoing instrument, and acknowledged this instrument to be the free and
voluntary act and deed of said municipal corporation, for the uses and purposes therein
mentioned, and on oath stated that he was authorized to execute said instrument.
Given under my hand and official seal this day of 2006.
Notary Public in and for the State of Washington
residing at
My appointment expires
P.ICivli%Flles\OpenFlles\0924\Statutory Warranty Deed and Temp Const Easement-082306•Clean doc
Statutory Warranty Deed - 3
(August 23, 2006)
i
ATTACHMENT A — TEMPORARY CONSTRUCTION EASEMENT
Temporary Construction Easement. Silver Oak, LLC ("Silver Oak") shall retain a
temporary construction easement on the Property conveyed by this Statutory Warranty
Deed subject to the following terms:
1. Limited Right of Entry. Silver Oak, its agents, contractors and employees shall be
entitled to enter into the Property for the purpose of constructing (1) a stormwater pond
and conveyance system ("the stormwater system") with associated wetland mitigation, and
(2) the Final Wetland Compensatory Mitigation Plan for 42"d Ave South Upgrade
(10/01/2001) ("the wetland project"). Silver Oak shall also have the right to enter the
Property for the purpose or repairing and maintaining the improvements constructed
pursuant to this limited right of entry until such time as the City of Kent accepts the
Improvements and assumes the obligation for ongoing maintenance of the improvements.
Improvements authorized pursuant to this limited right of entry shall be constructed in
accordance with plans which have been reviewed and approved by the City of Kent prior to
the commencement of construction.
2. Responsibility for Costs.
a. Stormwater System and Wetland Project: Silver Oak shall be responsible for
all costs of engineering, permits, Inspection, and construction of the stormwater system
with associated wetland mitigation and the wetland project. The City shall review and
approve permits and other approvals required for the construction of the stormwater
system and wetland project through its normal development review process. Silver Oak
shall also be responsible for maintenance of the stormwater system with associated wetland
mitigation and the wetland project, until acceptance by the City of Kent, which shall include
compliance with all applicable code and construction standard provisions regarding
warranties, bonding, and the like.
b. Stream Project: Silver Oak, in compliance with previous agreements and
representations by and between Silver Oak and Polygon Northwest Company, and the City
of Kent, Including but not limited to those contained in the Sanitary Sewer Service
Agreements for the Gray Hill and Scalzo Properties and those presented in public testimony
that Silver Oak's participation in the restoration of Johnson Creek would be a component of
the development of the Muth property as a regional storm water facility, that Silver Oak
shall contribute $700,000 to the City of Kent's planned restoration of Johnson Creek on the
Muth Property. This monetary contribution shall satisfy all of Silver Oak's, and any other
affiliate of Polygon Northwest Company, duties or obligations that may exist under any
current or prior agreements, whether written or verbal, to contribute money, property, or
work to or for the Johnson Creek Basin Plan or the relocation and restoration of Johnson
Creek, either on or off of the Muth Property. Silver Oak shall provide payment in full within
180 days of the date of execution of this temporary construction easement. If payment is
not received within 180 days, construction of the stormwater system shall cease
immediately and issuance of certificates of occupancy on the Kent North Planned Unit
Development shall not occur until payment is made. In addition to the above, if payment is
not made, the City shall have all other recourse as provide by law.
Statutory Warranty Deed - 4 (August 23, 2006)
i
t
1. �
3. Replacement/Repair of Vegetation. At the conclusion of the construction work
for the stormwater system and the wetland project, Silver Oak shall revegetate all areas
disturbed during construction with native vegetation consistent with plans approved by the
City. Silver Oak shall be required to maintain this vegetation through the maintenance
i periods for the stormwater system, as provided for in section 4 below. Any vegetation
planted that has died or is not established during the above period shall be replaced by
Silver Oak.
4. Acceptance of Work, Maintenance Obligations: The City of Kent will, following
completion of construction of the stormwater system with associated wetlands mitigation
and the wetland project, inspect the construction work to confirm that it has been
completed in accordance with the plans approved by the City of Kent. Silver Oak shall be
responsible for maintenance of the stormwater system for a period of two years after the
construction work is completed and approved by the City of Kent or until construction of the
Scalzo and GrayDon condominium projects are complete, whichever is later. At the end of
said period, Silver Oak's obligation of maintenance of the stormwater system shall
terminate automatically and the City of Kent shall thereafter be responsible for
maintenance. Silver Oak shall be responsible for maintenance of the wetland mitigation
associated with the stormwater system and the wetland project per the requirements of
Chapter 11.06. of Kent City Code.
5. Termination. The temporary construction easement rights related to the
stormwater system project created by this Agreement shall automatically terminate at such
time as the City of Kent becomes responsible for maintenance of the stormwater system
pursuant to Section 4.
6. Successors and Assigns. The temporary construction easement shall be a
covenant running with the land and shall be binding on the heirs, successors and assigns of
the parties.
7. Attorneys' Fees. In the event that either party shall institute a lawsuit to enforce
any rights pursuant to this temporary easement, each party shall pay its own attorneys'
fees and costs of litigation, including any appeal thereof.
8. Governing Law and Venue. This Agreement shall be governed by and interpreted
In accordance with Washington law. Any litigation arising out of or in connection with this
Agreement shall be conducted in King County, Washington.
9. Amendment. This Agreement shall not be modified or amended except by written
Instrument executed by Silver Oak and the City of Kent.
1 Statutory Warranty Deed - 5 (August 23, 2006)
t
1
Kent City Council Meeting
Date September 5, 2006
Category Consent Calendar
1. SUBJECT: CONDEMNATION ORDINANCES FOR S 228TH AND 277TH
STREET CORRIDOR EXTENSION PROJECTS — ADOPT
2. SUMMARY STATEMENT: Adopt Ordinance Nos. and , which
amend condemnation Ordinance Nos. 3767 and 3768 for the 277`h Street corridor and
S. 228"h St. projects to correct inconsistencies contained in the summary statements for
those ordinances and to clarify the scope of the projects for which condemnation is
necessary.
3. EXHIBITS: Ordinances; memo from City Attorney Tom Brubaker, 9/30/06; and
copies of Ordinance Nos. 3767 and 3768
4. RECOMMENDED BY: Public Works Committee
(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. 6I
i
LAW DEPARTMENT
Tom Brubaker, City Attorney
Phone• 253-856-5770
K E N T Fax: 253-856-6770
WASHINGTON
Address 220 Fourth Avenue S.
Kent, WA 98032-5895
August 30, 2006
To: Kent City Council
From: Tom Brubaker, City Attorney
Regarding: Condemnation Ordinance Nos. 3767 and 3768 for the
277`h St Corridor and S 2281h Projects
On November 15, 2005, the city council adopted two ordinances which authorized condemnation
of all necessary real property and property rights for the city's construction of the 277`h Street
corridor extension and S. 2281h Street grade separation projects Unfortunately, although the
body of Ordinance Nos 3767 and 3768 provided council authorization to condemn all necessary
real property and property interests, the summary statements for those ordinances stated they
sought to condemn only the surface and aerial property rights. The two proposed ordinances
clarify council's intent to order condemnation of all real property and/or property rights
necessary to construct the projects.
With respect to the S. 2771h Street corridor extension project, staff also recommends amending
the summary statement to correct a reference to an underground electrical system by expanding
the description to include public and private utilities as the city will install a sanitary sewer
system along with the underground electrical system. In addition, staff also recommends
amending the summary statement for the S. 228`' Street grade separation project to correct a
reference made in the summary statement to the construction of a roadway underpass to clarify
that the project is to construct a grade separation.
� � 1
ORDINANCE NO.
AN ORDINANCE of the city council of the city
of Kent, Washington, amending the summary
statement of Ordinance No. 3767, which authorized the
t condemnation of real property and/or property rights
for the construction of the underground electrical
system and road improvements for the South 2771h
Street corridor extension project, in order to correct
language contained in the ordinance that is
inconsistent with the language contained in the body of
the ordinance. This ordinance corrects the summary
I statement for Ordinance No. 3767 to be consistent
with the body of the ordinance by authorizing
condemnation of all necessary real property and/or
property rights for project construction and correcting
a reference made to an underground electrical system
to include all public and private utilities affected by the
project.
RECITALS
A. On November 15, 2005, the city council adopted Ordinance No.
3767, which authorized the condemnation of real property and/or property rights
located between Kent-Kangley Road and Southeast 256th Street adjacent to 116th
1 Avenue Southeast, and located adjacent to Kent-Kangley road up to 700 feet east
of 116th Avenue Southeast, in order to construct an underground electrical
system and road improvements for the South 277th Street corridor extension
project.
1 B. Although the body of the ordinance provided that council
authorized condemnation of all necessary real property and/or property rights,
1 the summary statement of the ordinance provided for condemnation of only
1 Amend Ordinance No. 3767 -
' 277"' St. Corridor Extension Project
surface and aerial property rights necessary for the project, which created an
inconsistency in the condemnation authorization given by council in its Ordinance
No. 3767. The purpose of this ordinance is to correct that inconsistency. In
addition, it is also necessary to correct a reference made in the summary
statement to an underground electrical system to expand the description to
include all public and private utilities affected by the project.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. — Amendment. The caption of Ordinance No. 3767 is
amended as follows:
ORDINANCE NO. 3767
AN ORDINANCE of the city council of the city
of Kent, Washington, providing for the acquisition of
real property and/or property rights located between
Kent-Kangley Road and Southeast 2561h Street
adjacent to 116th Avenue Southeast and located
adjacent to Kent-Kangley Road up to 700 feet east of
116th Avenue Southeast This action is being taken in
order to construct public and private utilities toe
and road improvements
for the S. 277th Street corridor extension project. This
ordinance provides for the condemnation,
appropriation, taking, and damaging of such tee
and aR;a: real property and/or property rights as are
necessary for that purpose and provides for the
payment thereof out of the S. 277th Street Corridor
Extension Project Fund (Fund No. R90070.66100.220).
This ordinance directs the city attorney to prosecute
the appropriate legal proceedings, together with the
authority to enter into settlements, stipulations, or
other agreements; and acknowledges that all of the
real property affected is located within King County,
Washington.
2 Amend Ordinance No. 3767 -
277th St. Corridor Extension Project
1
tSECTION 2. - Record Amended Ordinance. Upon adoption, the city clerk
shall record this ordinance with the King County Recorder's Office in order to give
the public notice of its effect and amendment to Ordinance No. 3767.
SECTION 3. - Ratification. Any act consistent with the authority and
prior to the effective date of this ordinance is hereby ratified and affirmed.
' SECTION 4. - Severability. If any one or more sections, subsections, or
1 sentences of this ordinance are held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this ordinance and
the same shall remain in full force and effect.
SECTION S. - Effective Date. This ordinance shall take effect and be in
force five (5) days from and after its publication as provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
3 Amend Ordinance No. 3767-
27Xh St. Corridor Extension Project
r�
PASSED: day of September, 2006.
APPROVED: day of September, 2006.
PUBLISHED: day of September, 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 )ACOBER, CITY CLERK
P\Gvd\Ordinance\C.,tl S271tl5tC,,W,Extenzian-AMENOMENTE
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4 Amend Ordinance No. 3767 -
277th St. Corridor Extension Project
ORDINANCE NO.
AN ORDINANCE of the city council of the city
of Kent, Washington, amending the summary
statement to Ordinance No 3768, which authorized
the condemnation of real property and/or property
rights for the construction of the S. 228th Street
underpass, in order to correct language that is
inconsistent with the language contained in the body of
the ordinance. This ordinance corrects the summary
statement for Ordinance No. 3768 to be consistent
with the body of the ordinance by authorizing
condemnation of all necessary real property and/or
property rights for project construction and further
correcting a reference to construction of a roadway
overpass to clarify that this is a grade separation
project.
RECITALS
1 A. On November 15, 2005, the city council adopted Ordinance No.
3768, which authorized the condemnation of real property and/or property rights
located 600 feet east and west of the Burlington Northern Santa Fe railroad tracks
adjacent to South 228th Street in order to construct a roadway underpass.
1 B. Although the body of the ordinance provided that council
authorized condemnation of all necessary real property and/or property rights,
the caption of the ordinance provided for condemnation of only surface and aerial
property rights necessary for the project, which created an inconsistency in the
condemnation authorization given by council in its Ordinance No. 3768. The
purpose of this ordinance is to correct that inconsistency. In addition, it is also
necessary to correct a reference made in the summary statement to construction
of a roadway underpass to clarify that this is a grade separation project.
1 Amend Ordinance No. 3768-
S. 228`h St. BNSF Grade Separation
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. The caption of Ordinance No. 3768 is
amended as follows:
ORDINANCE NO. 3768
AN ORDINANCE of the city council of the city
of Kent, Washington, providing for the acquisition of
real property and/or property rights located 600 feet
east and west of the Burlington Northern Santa Fe
railroad tracks adjacent to South 228th Street. This
action is being taken in order to construct the South
228th Street grade separation Feadway bindeFpass.
This ordinance provides for the condemnation,
appropriation, taking, and damaging of ^ih; Ffaee
and areal property and/or rights as are necessary
for that purpose and provides for the payment thereof
out of the S. 228th Street BNSF RR Grade Separation
Project fund (Fund No R90067.66100.220). This
ordinance directs the city attorney to prosecute the
appropriate legal proceedings, together with the
authority to enter into settlements, stipulations or
other agreements; and acknowledges that all of the
real property affected is located within King County,
Washington.
SECTION 2. - Record Amended Ordinance. Upon adoption, the city clerk
shall record this ordinance with the King County Recorder's Office in order to give
the public notice of its effect and amendment to Ordinance No. 3768.
SECTION 3. - Rabfication. Any act consistent with the authority and
prior to the effective date of this ordinance is hereby ratified and affirmed.
SECTION 4. - Severability. If any one or more sections, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this ordinance and
the same shall remain in full force and effect.
2 Amend Ordinance No. 3768-
S. 228th St. BNSF Grade Separation
SECTIONS. - Effective Date. This ordinance shall take effect and be in
force five (5) days from and after its publication as provided by law.
jSUZETTE COOKE, MAYOR
ATTEST:
IBRENDA JACOBER, CITY CLERK
tAPPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of September, 2006.
APPROVED: day of September, 2006.
PUBLISHED: day of September, 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 EOM\G.WnariceKanrlemn SUMSLSNSFGraE6ep�Np We0e
3 Amend Ordinance No. 3768-
S. 228th St. BNSF Grade Separation
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Return Address
Attn• Qity Clerk
City of Kent220
, WFourth Ave A 9�803 S
Kent' 20060110000427
Kent, PACIFIC NW TIT ORD 61.00
P19E001 DF 09:
8
_KING COUNTY, WAJ
WASHINGTON STATE COUNTY AUDITOR/RECORDER'S COVER SHEET
Document Title: City of Kent Ordinance No. 3767: Relating to Eminent Domain
Reference Number(s): N/A \j4z
Grantor(s): City of Kent, a Mlashington municipal corporation
Grantee(s): The Public, Ordinance No. 3767
Abbreviated Legal description:
Ptns. of Sec. 29; Twn. 22N, Rug 5E, W.M. King County, State of
Washington; Ptns of Sec. 28;Twn. 22N,Rng 5E,W.M. King County,
State of Washington
Additional legal description on Exhibit"A" of document
IAssessor's Property Tax Parcel/Account Number(s): 292205-9130, 292205-9232
292205-9144, 292205-9145, 292205-9072, 292205-9132, 292205-9123, 292205-9296
292205-9297, 675670-0060, 675670-0040, 675670-0030, 675670-0020, 675670-0010
282205-9229, 282205-9104, 282205-9105, 813330-0010, 813330-0060, 813330-0070
813330-0090, 282205-9221, 282205-9092, 282205-9013
Project
1
Project Name: S. 277th Street Corridor Extension Said document(s)were 11W for
record by Pacific Nord roitiM S 85
aocornmodation only.IttMMbow
examNtod as to ProperaoonCltiidlur
as to its affect::pan title.
f
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ORDINANCE NO. �lo
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AN ORDINANCE of the City Council of the City
of Kent, Washington, providing for the acquisition of real
property and/or property nghts located between Kent-
Kangtey Road and Southeast 256"' Street adjacent to 110
Avenue Southeast and located adjacent to Keit-Kangley
Road up to 700 feet east of 116`" Avenue Southeast This
action is being taken in order to construct the underground
electrical system and road improvements for the S 277t'
Street Corridor Extension Project This Ordinance provides
for the condemnation, appropnation, taking and damaging
of such surface and aerial property nghts as are necessary
for that puTose and provides for the payment thereof out of
the S 277` Street Comdor Extension Project fund (Fund
No R90070 66100 220) This Ordinance directs the city
attorney to prosecute the appropriate legal proceedings,
together with the authority to enter into settlements,
stipulations or other agreements; and acknowledges that all
of the real property affected is located within King County,
Washington
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAINT AS FOLLOWS: f
ORDINANCE
SECTION 1. After hearing the report of City staff, and after
reviewing the planted improvements for the S 277"' Street Corridor Extension Project
(the "Project"), the City Council finds and declares that the public convenience, use,
1 S. 277`h Street Corridor Extension
Project Condeinnation Ordinance
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health, safety and necessity demand that the City of Kent condemn, appropriate, take
and damage portions of certain real properties located to King County, Washington, in
order to acquire the necessary real property and/or property rights for the construction
I of the Project, including all necessary appurtenances. The properties affected by this
ordinance are legally described in Exhibit A, attached and incorporated by this
I reference (collectively the "Property"). The purposes for which this condemnation is
authorized shall include, without limitation, all acts necessary to complete the
construction, extension, improvement, widening, alteration, maintenance,
reconstruction and restoration of the Project, and any other municipal purpose that may
be necessary from time to time on the Property.
SECTION2. The City authorizes the acquisition by condemnation of
all or a portion of the Property for the construction, extension, improvement, widening,
alteration, maintenance and reconstruction of the Project, together with all necessary
i appurtenances and related work to make a complete improvement according to City
standards.
SECTION3. The City shall condemn the Property only upon
completion of all steps and procedures required by applicable federal or state law or
regulations, and only after just compensation has first been made or paid into court for
the owner or owners in the manner prescribed by law.
SECTION 4. The City shall pay for the entire cost of the acquisition
1 y condemnation provided for in this ordinance through the City's "S. 2771h Street
Corridor Extension Project" fund (Fund No R90070 66100 220) or from any of the
ity's general funds, if necessary, as may be provided by law.
' SECTION S. The City authorizes and directs the city attorney to
ommence those proceedings provided by law that are necessary to condemn the
�roperty In commencing these condemnation procedures, the City Council authorizes
` 2 S. 2774"Street Corridor Extension
Project Condemnation Ordinance
the city attorney to enter into settlements, stipulations, or agreements in order to
minimize damages. These settlements, stipulations, or agreements may include, but ,
are not limited to, the amount of just compensation to be paid, the size and dimensions
of the property condemned, and the acquisition of temporary construction easements
and other property interests
SECTION 6. Any acts consistent with the authority and prior to the
;effective date of this ordinance are ratified and confirmed.
SECTION 7. The provisions of this ordinance are declared to be
separate and severable. The invandity of any clause, sentence, paragraph, subdivision,
section or portion of this ordinance, or the invalidity of the application thereof to any
person or circumstances shall not affect the validity of the remainder of this ordinance,
or the validity of its application to other persons or circumstances. ,
SECTION 8. This ordinance, being the exercise of a power
specifically delegated to the City legislative body, is not subject to referendum, and
shall take effect and be in force five (5) days after its publication as provided by law.
AYO
ATTEST: "'.•., ?; i
. 1
RENDA JACOBER, aTY CLERK ;
A
3 S. 277`h Street Corridor Extension
Project Condemnation Ordinance
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APPROVED AS TO FORM:
T , CITY ATTORNEY
PASSED- 1 day of )Zd��2005
IAPPROVED: day of 12005.
PUBLISHED: _day of 2005
jI hereby certify that this is a true copy of Ordinance No.2 a 7
passed by the City Council of the City of Kent, Washington, and approved by the
Mayor of the City of Kent as hereon indicated.
r
AL)
BRENDA JACOBER, erry CLERK
r .P 1CrvwTOPDINANCEWarA .SZ77OLStComdorHxtemwn doe � �" r i•
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4 S. 277`h Street Corridor Extension
' Project Condenination Ordinance
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EXHIBIT "A"
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No. 587453
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Parcel Number 4 of City of Kent Short Plat Number SPC-77-14, as
recorded snder Recording Number 7708090530, records of King
County, Washington, described as follows:
1 The north 80 feet of the south 160 feet of the east 140 feet of
the south 320 feet of the northeast quarter of the northeast
quarter of the northeast quarter of Section 29, Township 22 North,
Range 5 East, W.M. , in King County, Washinqton;
EXCEPT the east 30 feet thereof for 116th Avenue Southeast.
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EXHIBIT A
1 PAGE 1 OF 24
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No. 587454 ,
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Lot 3, described in City of Kent Short Plat Number SPC-77-15, also
known as SPC-77-14, as recorded under Recording Number 7703C90530,
being a portion of the northeast quarter of the northeast quarter of
the nor�:heast quarter of Section 29, Township 22 North, Range 5
East, W.M. , in King County, Washington.
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EXHBIT A
PAGE 2 OF 24
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! No. 587455
! That portion of the east half of the northeast quarter of the
northeast quarter of Section 29, Township 22 North, Range 5 East,
W m , in King County, Washington, lying south of the south line of
the northeast quarter of the northeast quarter of the northeast
quarter of saic Section 29, and lying north of the south line of the
north half of that portion of the east half of the northeast quarter
of the northeast quarter of Section 29, Township 22 North, Range 5
East, W.M. , in King County, Washington, lying between the south line
of the north 10.00 acres of the east half of the northeast quarter
of the northeast quarter of said section and the north line of the
south half of the southeast quarter of the northeast quarter of the
northeast quarter of said section;
E},CEP'C the east 30 feet thereof conveyed to King County for road by
Deed recorded under Recording Number 4768141.
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EXHIBIT A
PAGE 3 OF 24
No. 587458
That portion of the south half of the southeast quarter of the
northeast quarter of the northeast quarter of Section 29,
Township 22 North, Range 5 East, W.M. , in King County, Washington,
described as follows-
Beginning at the northeast corner of the south half of the southeast
quarter of the northeast quarter of the northeast quarter of
Section 29, To%mship 22 North, Range 5 East, W M. , in King County,
Washington;
Thence north 88'10 '46" west along the north line of the south half
cE the southeast quarter of the northeast quarter of the northeast
quarter of said Section 29, a distance of 30.00 feet to the TRUE
POINT OF BEGINNING;
Thence south 00035132" west along the westerly margin of 116th Avenue
Southeast 176.50 feet;
Thence north 88*16118" west a distance of 197.85 feet;
Thence north 00°33132" east a distance of 176 91 feet to the north
line of the south half of the southeast quarter of the northeast
quarter of the northeast quarter,
Thence south 88010146" east along said south line 197.88 feet to the
TRUE POINT OF BEGINNING;
(ALSC KNOWN AS Parcel A of City of Kent Lot Line Adjustment Number
LL-97-19, recorded under King County Recording Number 9801261662) .
EXHIBIT A
PAGE 4 OF 24
,
' No 587459
That portion of the south half of the southeast quarter of the
northeast quarter of the northeast quarter of Section 29,
Township 22 North, Range 5 East, W M , in King Co.Mty, Washington,
described as follows:
' Beginning at the northeast corner of the south half of the southeast
quarter of the northeast quarter of the northeast quarter of
Section 29, Township 22 North, Range 5 East, W.M ;
thence north. 88010146" west 30.00 feet,
thence south 00055152" west along the westerly margin of 116u' Avenue
Southeast 176.59 feet to the TRUE POINT OF BEGINNING;
thence continuing along said westerly margin south 00'55152" west
153 58 feet;
thence north 88*16118" west, along the south line of the south 110
feet of the south half of the southeast quarter of the northeast
quarter of the northeast quarter of said Section 29, a distance of
334 .72 feet;
Thence north 00034118" east, along the east line of the west 287
feet of the south half of the southeast quarter of the northeast
quarter of the northeast quarter of said Section 29, a distance of
330.75 feet;
thence south 88010146" east, along the north line of the south half
of the southeast quarter of the northeast quarter of the northeast
quarter of said Section 29, a distance of 138. 94 feet,
thence south 00°55152" west 176.91 feet;
thence south 88016118" east 197.85 feet to the TRUE POINT OF
BEGINNING;
(ALSO KNOWN AS Parcel B of City of Kent Lot Line Adjustment Number
LL-97-18, recorded under King County Recording Number 9801261662) .
1 EXHIBIT A
' PAGE 5 OF 24
No. 587460 ,
That portion of the east half of the southeast quarter of the
northeast quarter of Section 29, Township 22 North, Range 5 East,
W.r , in King County, Washington, described as follows -
Beginning at the northeast corner of said subdivision;
thence south 1*0914011 east, along the east line of said subdivision,
100 feet;
thence continuing south 1009'40" east along said east line 117 feet; ,
thence south 89037'S1" west, parallel with the north line of said
subdivision, 397. 15 feet;
thence north 0009135/1 east 100 feet to the north line of said
subdivision;
thence north 8903715111 east 394.85 feet to the point of beginning;
EXCEPT the east 30 feet thereof heretofore conveyed to King County
for road by deed recorded under Recording Number 4768139.
EXHIBIT A
PAGE 6 OF 24 '
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' No. 587461
That portion of the east half of the southeast quarter of the
northeast quarter of Section 29, Township 22 North, Range 5 East,
W.M. , in King County, Washington, described as follows.
Beginning at the northeast corner of said subdivision;
Thence south 1°09140" east, along the east line of said subdivision,
100 feet to the TRUE POINT OF BEGINNING of the tract herein
described;
Thence continuing south 1*0914011 east 100 feet;
Thence south 89037 ' 51" west, parallel to the north line of said
subdivision, 399.46 feet;
Thence north 000913511 east, 100 feet;
Thence north 89°37151 ' east 397 15 feet to the TRUE POINT OF
BEGINNING;
EKCEPT the east 30 feet thereof conveyed to King County by deed
recorded under Recording Number 4760139;
AND EXCEPT the west 167.15 feet thereof.
EXHIBIT A
1 PAGE 7 OF 24
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No. 587462
That portion of the east half of the southeast quarter of the ,
northeast quarter of Section 29, Township 22 North, Range 5 East,
W M. , in King County, Wasnington, described as follows:
Beginning at the northeast corner of said subdivision;
thence south 1009 '40" east, along the east line of said subdivision,
200 feet to the TRUE POINT OF BEGINNING of the tract herein
described;
thence continuing south 1°09140" east along said east line 117 feet;
thence south 89*37151" west, parallel with the north line of said
subdivision, 402 .15 feet;
thence north 0°09135" east 116.99 feet;
thence north 89°37131" east 399.46 feet to the TRUE POINT OF
BEGINNING,
EXCEPT the east 30 feet thereof heretofore conveyed to King County
for road by deed recorded under Recording Number 4768139;
TOGETHER WITH the west 167.15 feet of the following described tract:
That portion of the east half of the southeast quarter of the
northeast quarter of Section 29, Township 22 North, Range 5 East,
W.M , in King County, Washington, described as follows:
Beginning at the northeast corner of said subdivision;
thence south 1*0914011 east, along the east line of said subdivision,
100 feet to the TRUE POINT OF BEGINNING of the tract herein
described;
thence continuing south 1009140" east 100 feet;
thence south 89037151" west, parallel with the north line of said
subdivision, 399.46 feet;
thence north 0009'35" east 100 feet;
thence north 89°37 '51" east 397.15 feet to the TRUE POINT OF ,
BEGINNING.
EXHIBIT A
PAGES OF 24 '
1
No 587463
That portion of the east half of the southeast quarter of the
northeast quarter of Section 29, Township 22 North, Range 5 East,
W.M. , in King County, Washington, described as follows:
Beginning at the intersection of the east line of said subdivision
with the centerline of Kent Kangley Road (Secondary State Highway
No. 5-A) ;
Thence north 63'13155" west along said centerline 261.61 feet;
Thence north C0031130" east 237.16 feet to the south line of the
north 317 feet in width of sand subdivision;
Thence south 89037151" east along said south line 224 .17 feet, more
or less, to the east line of said subdivision;
Thence south 01009140" east along said east line 356.50 feet, more
or less, to the point of beginning,
EXCEPT that portion thereof lying within the Kent Kangley Road
(Secondary state Highway No 5-A) ;
MD EXCEPT those portions thereof conveyed to King County for road
purposes by deeds recorded under Pecording Numbers 4769139 and
' 6108249;
AND EXCEPT that portion thereof conveyed to the State of Washington
for highway purposes by deed recorded under Recording Number
7910160093.
EXHIBIT A
PAGE 9 OF 24
No. 587464 r
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That portion of the southwest quarter of the northwest quarter of
Section 28, Township 22 North, Range 5 East, W.M. , in King County,
Washington, described as follows :
Beginning at the point of intersection of section line between
Sections 28 and 29, said Township and Range with the center line of
Kent-Black Diamond Road, known as Road No. 173,
thence in a southeasterly direction along the center line of said
road 482 feet;
thence southwesterly 436 feet, more or less, to a point in the
quarter line running east and west through said Section 28, which is
329 feet east of said section line;
thence west along said quarter line to the west line of said
Section 28;
thence north to the point of beginning;
EXCEPT portion described as follows:
Beginning at a point of intersection of section line between said
Sections 28 and 29 with the center line of Kent-Black Diamond Road;
thence southeasterly 290 feet; ,
thence southwesterly 525 feet, more or less, to the south line of
said southwest quarter which is 155 feet east of said section line;
thence west along said south line to the west line of said section; '
thence north to point of beginning;
EXCEPT per-�:icn thereof lying within Kent-Black Diamond Road;
AND EXCEPT portion condemned under King County Superior Court Cause
Number 80-2-12898-1.
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EXHIBIT A
PAGE 10 OF 24 - r
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No. 587465
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That portion of the southwest quarter of the northwest quarter of
Section 28, Township 22 North, Range 5 East, W.M. , in King County,
Washington, described as follows:
Beginning at a point on the center line of the Kent-Black Diamond
Road No. 173, which point is 482 feet southeasterly of the west line
of said Section 28 (measured along the center line of said road) ;
' thence southeasterly along said road, 170 feet;
thence south to the south line of the northwest quarter of said
section,
thence westerly along said south line to a point 329 feet east of
the west line of said section;
thence northeasterly to the point of beginning;
EXCEPT Kent-Kangley Highway (County Road Number 173, SSH Number 5) ;
AND EXCFPT that portion conveyed to the State of Washington for
Kent-Kangley Highway, (County Road No. 173, SSH No. 5-A) by deed
recorded under Recording Number 7907060276.
EXHIBIT A
iPAGE 11 OF 24
No. 587467
That portion of the southwest quarter of the northwest quarter of
Section 28, Township 22 North, Range 5 East, W.M , in King County,
Washington, described as follows:
Beginning at the northwest corner of said subdivision; '
Thence south 0057'OB" west along the west line thereof 500 feet,
Thence south 88'57' 02" east 210 feet;
Thence south 0'57'08" west 250.56 feet to the northeasterly margin
of Kent-Kangley State Highway 'SR 516' , as originally established;
Thence along said margin south 61005' 37" east 22 64 feet to the =RUE ,
POINT OF BEGINNING;
Thence north O'57' 08" east 111.14 feet;
Thence south 880571021, east 84.86 feet; '
Thence south 2017 ' 06" west 154.18 feet to the northeasterly margin
of the State Highway;
Thence north 61005 '37" west 92.03 feet to the TRUE POINT OF
BEGINNING;
EXCEPT that portion thereof condemned for highway purposes in
Superior Court Cause Number 80-2-01391-2.
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EXHIBIT A
PAGE 12 OF 24
No. 587469
' PARCEL A:
The east 80 feet of Lot 6, Phillip's Fairview, according to the
plat thereof recorded in Volume 67 of Plats, page 97, in King
County, Washington,
EXCEPT the north 80 feet thereof;
AND EXCEPT that portion as conveyed to King County by deed recorded
' under Recording Number 6108248.
PARCEL B:
That portion of Lot 6, Phillip's Fairview, according to the plat
thereof recorded in volume 67 of Plats, page 97, in King County,
Washington, lying south of the north 80 feet thereof, and west of
the east S0 feet thereof,
EKCEPT that portion conveyed to King County by deed recorded under
Recording Number 5353698 and Recording Number 6108248
PARCEL C:
The north 80 feet of Lot 6, Phillip's Fairview, according to the
plat thereof recorded in volume 67 of Pats, page 97, in King
' County, Washington.
E%HIBPr A
' PAGE 13 OF 24
No. 567470 '
Lot 4, Phillip's Fairview Addition, according to the plat thereof
recorded in Volume 67 of Plats, page 97, in King County, Washington. '
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EXHIBIT A ,
PAGE 14 OF 24
No. SB7471
Lot 3, Phillip's Fairview Addition, according to the plat thereof
' recorded in Volume 67 of Plats, page 97, in King County, Washington.
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' EXHIBIT A
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PAGE 15 OF 24
No. 587472 1
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Lot 2, Phillip's Fairview Addition, according to the plat thereof
recorded in Volume 67 of Plats, page 97, in King County, Washington. 1
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EXHIBIT A '
PAGE 16 OF 24
1
' No. 587473
' Lot 1, Phillip' s Fairview Addition, according to the plat thereof
recorded in Volume 67 of Plats, page 97, in King County, Washington.
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EXHIBIT A
PAGE 17 OF 24
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No. 587474 '
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The south 62 feet of the south half of the west half of the west
half of the northwest quarter of the northwest quarter of Section '
28, Township 22 North, Range 5 East, W.M. , in King County,
Washington,
EXCEPT. the west 30 feet thereof conveyed to King County by
instrument recorded under Recording Namber 4768138 ,
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— EXHIBIT A
PAGE 18 OF 24
1 No. 587475
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The south 264 feet of the north 528 feet of the south half of the
1 west half of the west half of the northwest quarter of the northwest
quarter of Section 28, Township 22 North, Range 5 East, W.M. , in
King County, Hashington;
EXCEPT the west 30 feet thereof conveyed to King County by
1 instrument recorded under Recording Number 4768113.
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iEXHIBIT A
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No. 587476
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The north 264 feet of the south half of the west half of the west
half of the northwest quarter of the northwest quarter of Section
28, Township 22 North, Range 5 East, W.M. , in King County,
Washington;
EKCEPT the west 30 feet thereof conveyed to King County by 1
instrument recorded under Recording Number 476B112 .
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EXHIBIT A
PAGE 20 OF 24
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iNo. 588136
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i Lot 1, Sunset Manor, according to the plat thereof recorded in
Volume 72 of Plats, page 92, in King County, Washington.
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EXHIBIT A
PAGE 21 OF 24
No. 588137
Lot 6, Sunset Manor, according to the plat thereof recorded in
Volume 72 of Plats, page 93, in King County, Washington.
EXHIBIT A
PAGE 22 OF 24
No. 588138
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Lot 7, Sunset Manor, according to the plat thereof recorded in
Volume 72 of Plats, page 93, in King County, Washington.
EXHIBIT A
PAGE 23 OF 24
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No. 588140
Lot 9, Sunset Manor, according to the plat thereof recorded in
Volume 72 of Plats, page 93, in King County, Washington.
EXHIBIT A
PAGE 24 OF 24
Return Address:
Attn: Ctty Clerk
j City of Kent 20060110000428
220 Fourth Ave S. PACIFIC NU 7IT ORD 44 00
PACE001 OF 013
Kent. WA 98032 O1/1en006 es 3s
1 KING COUNTY, 4A
tWASHINGTON STATE COUNTY AUDITOWRECORDER'S COVER SHEET
Document Title: City of Kent Ordinance No. 3768: Relating to Eminent Domain
Reference Number(s): NIA ?v fr — •42--
Grantor(s): City of Kent, a Washington municipal corporation ff
Grantee(s): The Public, Ordinance No. 3768
Abbreviated Legal Description:
Ptns. of Sec. 13; Twn. 22N, Rng 4E, W.M. King County, State of
Washington
Additional legal description on Exhibit"A" of document
Assessor's Property Tax Parcel/Account Number(s): 132204-9168, 132204-9059
132204-9183, 132204-9356, 132204-9357, 383090-0410, 132204-9040
IProject Name: S. 228u Street BNSF RR Grade Separation Project
Said document(s)vvea ftd for
record by PwfK:North r1ifle 8s
aacannrodavm only.f<heeeatbeen
examhW 8S tO MW MOM01op or
tas to its affect upon(Me.
� • 3
ORDINANCE NO. 3 76
AN ORDINANCE of the City Council of the City
of Kent, Washington, providing for the acquisition of real
property and/or property rights located 600 feet east and
west of the Burlington Northern Santa Fe raitroad tracks
adjacent to South 228`}' Street This action is being taken in
order to construct the South 228" Street roadway
underpass This Ordinance provides for the condemnation,
appropriation, taking and damaging of such surface and
aerial property rights as are necessary for that purpose and
provides for the payment thereof out of the S 228`h Street
BNSF RR Grade Separation Project fund (Fund No.
R90067 66100 220) This Ordinance directs the city
attorney to prosecute the appropriate legal proceedings,
together with the authority to enter into settlements,
stipulations or other agreements; and acknowledges that all
of the real property affected is located within King County,
Washington.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION I. After hearing the report of City staff, and after
reviewing the planned improvements for the S. 228'h Street Burlington Northern Santa
'Fe Railroad Grade Separation Project (the "Project"), the City Council finds and
1 S. 228`h Street BNSF RR Grade
Separation Project
Condemnation Ordinance
declares that the public convenience, use, health, safety and necessity demand that the
City of Kent condemn, appropriate, take and damage portions of certain real properties
located in King County, Washington, in order to acquire the necessary real property
and/or property rights for the constriction of the Project, including all necessary
appurtenances. The properties affected by this ordinance are legally described in
Exhibit A, attached and incorporated by this reference (collectively the "Property").
The purposes for which this condemnation is authorized shall include, without
limitation, all acts necessary to complete the construction, extension, improvement,
widening, alteration, maintenance, reconstruction and restoration of the Project, and
any other municipal purpose that may be necessary from time to time on the Property
SECTION 2. The City authorizes the acquisition by condemnation of
all or a portion of the Property for the construction, extension, improvement, widening,
alteration, maintenance and reconstruction of the Project, together with all necessary
appurtenances and related work to make a complete improvement according to City
standards.
SECTION 3. The City shall condemn the Property only upon
ompletion of all steps and procedures required by applicable federal or state law or
egulatrons, and only after just compensation has first been made or paid into court for
the owner or owners in the manner prescribed by law.
SECTION 4. The City shall pay for the entire cost of the acquisition
by condemnation provided for in this ordinance through the City's "S. 228°t Street
BNSF RR Grade Separation Project" fund (Fund No. R90067 66100.220) or from any
of the City's general funds, if necessary, as may be provided by law.
SECTION S. The City authorizes and directs the city attorney to
ommence those proceedings provided by law that are necessary to condemn the
I2 S. 228`'Street BNSF RR Grade
1 Separation Project
Condemnation Ordinance
Property. In commencing these condemnation procedures, the City Council authorizes ,
the city attorney to enter into settlements, stipulations, or agreements in order to
minimize damages These settlements, stipulations, or agreements may include, but
are not limited to, the amount of just compensation to be paid, the size and dimensions
of the property condemned, and the acquisition of temporary constriction easements
and other property interests.
SECTION b. Any acts consistent with the authority and prior to the
effective date of this ordinance are ratified and confirmed.
SECTION 7. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
,section or portion of this ordinance, or the invalidity of the application thereof to any
person or circumstances shall not affect the validity of the remainder of this ordinance,
or the validity of its application to other persons or circumstances.
SECTION 8. This ordinance, being the exercise of a power
specifically delegated to the City legislative body, is not subject to referendum, and 1
shall take effect and be in force five (5) days after its publication as provided by law
AY
ATTEST: r r. •. � ti
v -
ti�
BRENDA JACOBER, CITY CLERK ''�..,�•..•'' •�'
3 S. 228"Street BNSF RR Grade
Separation Project
Condemnation Ordinance
APPROVED AS TO FORM.
ATTORN
�7y
PASSED: L, _day of) r f'i�P/I�, 2005.
APPROVED: /-6� day of , 2005.
PUBLISHED. 19 day of 12005.
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.
Q��l SEAL)
IBRENDA JACOBER. CITY CLERK
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P CmPORDMANCE('-oMe�n-332811StBNSP(iredeSepnuurtdoc . i �` .�v •. A
• r
4 S. 228"' Street BNSF RR Grade
.Separation Project
' Condemnation Ordinance
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No. 553878
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PARCEL A:
That portion of the southeast quarter of the northeast quarter of
Section 13, Township 22 North, Range 4 East, W.M., in King County,
Washington, lying northwesterly of right-of-way of Primary State
Highway No. 5 condenmed by the State of Washington under King County
Superior Court Cause No. 657464 and lying southerly of South 228th
Street as established by deed dated January 12, 1969 and recorded
under Recording Number 6293026, records of King County, Washington;
and lying easterly of the west 250 feet of said southeast quarter of
the northeast quarter of said section.
PARCEL B:
The west 250 feet of the southeast quarter of the northeast quarter
of Section 13, Township 22 t;orth, Range 4 East, W.M., in King
County, Washington;
EXCEPT South 228th Street;
EXCEPT the Northern Pacific Railway right-of-way;
EXCEPT that portion conveyed to the State of Washington for Primary
State Highway No. 5 by deed recorded under Recording Number 5499517;
AND EXCEPT portion southeasterly of the northwesterly line of State
iRoad No. 167.
EXHIBIT W
PAGE 1 OF 7
i
No. 553879
That portion of the southwest quarter of the northeast quarter of
Section 13, Township 22 North, Range 4 East, W.M., in King County,
Washington, lying west of the Northern Pacific Railroad right-of-
way, described as follows:
Beginning at the northeast corner of the southwest quarter of the
northeast quarter of said Section 13;
Thence north 38'36'34" west along the north line of said subdivision
464.81 feet;
Thence south 1°08'43" west 50 feet to the TRUE POINT OF BEGINNING of ,
this description;
Thence south 1008'43" west 680 28 feet;
Thence on a curve to the right, the center of which bears south
53016'55" west 38.00 feet an arc distance of 15.08 feet;
Thence south 88°43'37" east 413.29 feet;
Thence north 46019'29" east 33.19 feet to a point on the westerly
margin of said railroad right of way;
Thence northerly along said railroad right of way on a curve to the
left, the center which bears south 86014'13" west 9368.54 feet an
arc distance of 374.99 feet to a point of tangency;
Thence north 6°03'23" west along said railroad right of way 299.14
feet to a point which bears south 89036134" east from the point of
beginning;
Thence north 88036'34" west 366.47 feet to the TRUE POINT OF
BF.G11MING,
EXCEPT that portion condemned by the City of Kent in King County
Superior Court Cause Number 693010 for improvement of South 2213°h '
Street;
AND EXCEPT that portion lying easterly of the westerly margin of a
32.50 foot strip of land being 16 25 feet on each side of the
following described centerline:
Beginning at the intersection of the westerly margin of the Northern
Pacific Railroad right of way and the southerly margin of South
228th Street;
Thence north BB°36134" west along said southerly margin 16.39 feet
to the TRUE POINT OF BEGINNING of the herein described centerline;
Thence south 6003123" east parallel with and 16.25 feet distant
from, when measured at right angles to, the westerly margin of said
Northern Pacific Railroad a distance of 301 26 feet to a point of
curvature of a curve to the right of radius 9352.29 feet;
Thence southerly along said curve an arc length of 186.81 feet to a
point of compound curvature of a curve to the right of radius 459.28
feet;
Thence southerly and westerly along said curve to the south line of
the above described main tract.
EXHIBIT"A'
PAGE 2 OF 7
i
iNo. 553881
Lot 2 of Kent Short Plat Number 99-9, recorded under King County
Recording Number 20000125900005, being a portion of the northwest
quarter of the northeast quarter of Section 13, Township 22 North,
Range 4 East, W.M. , in King County, Washington, and also being of
Lots 1 and 2, Kent Valley Industrial Park, according to the plat
thereof recorded in Volume 97 of Plats, pages 30 through 35,
inclusive, in King County, Washington.
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EXHIBIT "A'
PAGE 3 OF 7
No. 553882
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Lot 3 of Kent short Plat Number 99-9, recorded under King County '
Recording Number 20000125900005, being a portion of the northwest
quarter of the northeast quarter of Section 13, Township 22 North,
Range 4 East, W.M. , in King County, Washington, and also being of ,
Lots 1 and 2, Kent Valley Industrial Park, according to the plat
thereof recorded in Volume 97 of Plats, pages 30 through 35,
inclusive, in King County, Washington.
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EXHIBIT "A"
PAGE 4 OF 7
No. 580810
Tract A, Kent Valley Industrial Park, according to the plat thereof
recorded in Volume 97 of Plats, nages 30 through 35, inclusive, in
King County, Washivgton.
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EXHIBIT'A"
PAGE 5 OF 7
Parcel A No. 506554
That portion of the Northern Pacific Railway right-of-way in the
northeast quarter of Section 13, Township 22 North, Range 4 East,
W.M_ , in King County, Washington, described as follows:
Commencing at the northwest corner of Tract A in the plat of Kent
Valley Industrial Park, according to the plat thereof recorded in
Volume 97 of Plats, pages 30 through 35, inclusive, in King County,
Washington;
Thence south 88*36138" east, along the north line of said Tract A,
32.78 feet to the west margin of the Northern Pacific Railway right
of way and the TRUE POINT OF BEGINNING of the herein described
parcel;
Thence continuing south 88°36'38" east 200.85 feet to the east
margin of said right of way;
Thence north 06*03110" west, along said east margin, 100.85 feet to
a point 100.00 feet northerly of, when measured at right angles to
the north line of said Tract A;
Thence north 880361380 west, parallel with said north line, 100.85
feet to the west margin of said right of way;
Thence south 06°03110" east, along said west margin, 100.05 feet to
the TRUE POINT OF BEGINNING.
Parcel B
That portion of the Northern Pacific Railway right-of-way in the
northeast quarter of Section 13, Township 22 North, Range 4 East,
W.M., in King County, Washington, described as follows:
Commencing at the northwest corner of Tract A in the plat of Kent
Valley Industrial Park, according to the plat thereof recorded in
Volume 97 of Plats, pages 30 through 35, inclusive, in King County,
Washington;
Thence south 88*36138" east, along the north line of said Tract A, a
distance of 32.78 feet to the west margin of the Northern Pacific
Railway right of way: Thence continuing south 88°36138" east a
distance of 100.85 feet to the east margin of said right of way;
Thence north 06003110" west, along said east margin, 100.85 feet to
a point 100.00 feet northerly of, when measured at right angles to
the north line of said Tract A extended to the east and the TRUE
POINT OF BEGINNING of the herein described parcel;
Thence continuing north 06003 ,10" west, along said east margin, a
distance of 10.00 feet:
Thence north 88036138" west parallel with said extended north line
of Tract A a distance of 100.85 feet to the west margin of said
right of way;
Thence south 06003110" east, along said west margin, a distance of
10 00 feet to a point which is north 88°36138" wes: from the true
point of beginning: Thence south 88036138" east to the TRUE POINT OF
BEGINNING.
gaHIsir-A•
PAGE 6 OF?
No. 506554
Parcel C
That portion of the Northern Pacific Railway right-of-way in the
northeast quarter of Section 13, Township 22 North, Ra-ige 4 East,
W.M. , in King County, Washington, described as follows.
Commencing at the northwest corner of Tract A in the plat of Kent
Valley Industrial Park, according to the plat thereof recorded in
Volume 97 of Plats, pages 30 through 35, inclusive, in King County,
Washington;
Thence south 88036138" east, along the north line of said Tract A, a
distance of 32.78 feet to the west margin of the Northern Pacific
Railway right of way Thence continuing south 88036138" east a
distance of 100.85 feet to the east margin of said right of way and
the TRUE POINT OF BEGINNING of the herein described parcel. Thence
south 06°03'10" east along said east margin a distance of 30.00
feet Thence north 88036'38" west parallel with the extended north
line of Tract A a distance of 100.85 feet to the west margin of said
right of way: Thence north 06'03110" west, along said east margin, a
1 distance of 30.00 feet to a point which is north 88°36'38" west from
the TRUE POINT OF BEGINNING: Thence south 88°36'38" east a distance-
of 100.85 feet to TRUE POINT OF BEGINNING
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EXHIBIT"A*
PAGE 7 OF 7
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Kent City Council Meeting
Date September 5, 2006
Category Consent Calendar
1. SUBJECT: APPOINTMENT TO DRINKING DRIVER TASK FORCE—
CONFIRM
2. SUMMARY STATEMENT: Confirm the Mayor's appointment of Ms. Gina Beretta to
serve as a member of the Kent Drinking Driver Task Force. Ms Beretta is a long-time
resident of King County. She lives on the East Hill in unincorporated King County.
She has degrees in sociology with an emphasis on deviance and social control. She worked
for several years for the State's Division of Alcohol and Substance Abuse where she was the
agency contact for DUI issues, including reading and analyzing proposed legislation. Through
work on an interagency committee, she became acquainted with the Washington Traffic Safety
Commission (WTSC). She later went to work for the WTSC where her responsibility entailed
overseeing the State's 24 community DUI/Traffic Safety Task Forces. Currently, she
supervises the agency's traffic safety corridors across the state.
Ms. Beretta will bring a new perspective to the DDTF and with her background and
experience in traffic safety, she will be a valuable asset to the group.
Ms. Beretta will replace Cindy Roland, who resigned, and her appointment will continue until
1/l/09.
I3. EXHIBITS: Memo
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
t DISCUSSION:
ACTION:
Council Agenda
Item No. 6J
rOFFICE OF THE MAYOR
Suzette Cooke, Mayor
Phone 253-856-5700
Fax 253-856-6700
Address. 220 Fourth Avenue S
j K E N T Kent,WA 98032-5895
WASHINGTON
MEMORANDUM
TO: DR, DEBORAH RANNIGER, CITY COUNCIL PRESIDENT
CITY COUNCIL MEMBERS
FROM: SUZETTE COOKE, MAYOR
DATE; AUGUST 23, 2006
SUBJECT: APPOINTMENTTO KENT DRINKING DRIVER TASK FORCE
I have appointed Ms Gina Beretta to serve as a member of the Kent Drinking Driver Task Force.
Ms. Beretta is a long-time resident of King County. She lives on the East Hill in unincorporated
King County.
She has degrees in sociology with an emphasis on deviance and social control. She worked for
several years for the state's Division of Alcohol and Substance Abuse where she was the agency
contact for DUI issues, including reading and analyzing proposed legislation. Through work on an
interagency committee, she became acquainted with the Washington Traffic Safety Commission
(WTSC). She later went to work for the WTSC where her responsibility entailed overseeing the
state's 24 community DUI/Traffic Safety Task Forces. Currently, she supervises the agency's
traffic safety corridors across the state.
Ms. Beretta will bring a new perspective to the DDTF and with her background and experience in
traffic safety, she will be a valuable asset to the group.
Ms. Beretta will replace Cindy Roland, who resigned, and her appointment will continue until
1/l/09
I submit this for your confirmation.
jb
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Kent City Council Meeting
Date September 5, 2006
Category Consent Calendar
1 1. SUBJECT: COMMERCIAL MOTOR VEHICLES IN RESIDENTIAL ZONES,
ZONING CODE AMENDMENT ORDINANCE —ADOPT
2. SUMMARY STATEMENT: Adopt Ordinance No. which amends the
Kent City Code, Chapters 15 02 and 15.08, relating to commercial motor vehicles in
residential zones.
The City's zoning code recognizes the need of all legitimate uses of land to be
protected from other uses which are unrelated or incompatible. This ordinance
prohibits parking of commercial vehicles in residential zones unless making deliveries.
3. EXHIBITS: Ordinance
4. RECOMMENDED BY: Planning; & Economic Development Committee
(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
i
DISCUSSION:
ACTION:
Council Agenda
Item No. 6K
t
ORDINANCE NO.
i
AN ORDINANCE of the City Council of the City
of Kent, Washington, amending Chapter 15.02 and
Chapter 15 08 of the Kent City Code regarding the
storage and parking of commercial motor vehicles in
residential zoning districts (ZCA-2005-3).
RECITALS
A. The City of Kent's zoning code recognizes the need of all legitimate
uses of land to be protected from other uses which are unrelated or incompatible.
The parking of commercial motor vehicles in residential neighborhoods is potentially
incompatible with residential uses on several levels, including noise, visual blight,
and safety.
1
B. On July 20, 2005, the city sent the required notification under RCW
36.70A.106 to the state of Washington of the proposed amendments to the zoning
code.
C. The SEPA Responsible Official determined the proposed amendments
are procedural in nature and categorically exempt from environmental review.
D. On August 8, 2005, the Land Use and Planning Board held a public
hearing on this issue and forwarded a recommendation to the Planning and
Economic Development Committee.
E. On August 15, 2005 the Planning and Economic Development
Committee analyzed this issue of commercial motor vehicles parking in residential
neighborhoods. The Committee obtained further information from the public at a
1 public hearing on November 21, 2005, as well as meetings before the Committee on
September 19, 2005, October 17, 2005, February 27, 2006, July 17, 2006, and
1 Commercial Motor Vehicles —
iResidential Zones
August 21, 2006. At the July 17, 2006, and August 21, 2006, meetings the
Committee voted to forward a recommendation to the full Council.
F. The City Council, on August 15, 2006, and September 5, 2006, voted
to amend Chapter 15 of the Kent City Code to prohibit the storage and parking of
commercial vehicles on residentially zoned property.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, ,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Chapter 15.02 of the Kent City Code is
amended to include the definition of"motor vehicle" as follows:
15.02.270.5. 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.
SECTION 2. -Amendment. Chapter 15.08 of the Kent City Code is hereby
amended to add a new section, entitled "Parking commercial motor vehicles in
residential zones," as follows:
Sec. 15.08.085. Parkinq commercial motor vehicles in residential
zones.
1. Commercial motor vehicles are not permitted to be parked on
residentially zoned properties with a land use designation of urban separator (US)
and a zoning designation of single family, one unit per acre (SR-1), unless actively
delivering goods. "Commercial motor vehicles" include: 1) vehicles used in a
2 Commercial Motor Vehicles -
Residential Zones
Icommercial enterprise which exceed 19 feet in length• and 2) truck tractors used in
the drayage of semi-truck trailers.
2. Commercial motor vehicles are not permitted to be parked on
residentially zoned property with a zoning designation of SR-2 or greater unless
' actively delivering goods Commercial motor vehicles include. 1) vehicles with a
gross weight rating`GVWR'of 26,001 pounds or more and; 2) trailers with a 'GVWR'
of 10,001 pounds or more if the gross weight rating of the combined vehicles is
26,001 pounds or more.
SECTION 3. - Severability. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portion of this Ordinance and the same
shall remain in full force and effect.
SECTION 4. - Savings. The existing section 15.080 of the Kent City Code,
which is amended by this ordinance, shall remain in full force and effect until the
1 effective date of this ordinance.
SECTION 5. - Effective Date. This Ordinance shall take effect and be in
force thirty (30) days from and after its passage, approval and publication as
provided by law.
' SUZETTE COOKE, MAYOR
ATTEST:
1
' BRENDA ]ACOBER, CITY CLERK
APPROVED AS TO FORM:
ITOM BRUBAKER, CITY ATTORNEY
3 Commercial Motor Vehicles -
' Residential Zones
PASSED: day of September, 2006. r
APPROVED: day of September, 2006. ,
PUBLISHED: day of September, 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\CommercialVehicles-Residential doc
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4 Commercial Motor Vehicles —
Residential Zones
' Kent City Council Meeting
Date September 5, 2006
Category Consent Calendar
1 1. SUBJECT: 2007 ANNUAL BUDGET— SET HEARING DATE
2. SUMMARY STATEMENT: Set September 19, 2006, as the first public hearing on
the 2007 Budget.
3. EXHIBITS: None
4. RECOMMENDED BY: Finance 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 6L
Kent City Council Meeting
Date September 5, 2006
Category Consent Calendar
1. SUBJECT: 2007-2012 CAPITAL IMPROVEMENT PLAN— SET HEARING
DATE
! 2. SUMMARY STATEMENT: Set September 19, 2006, as the first public hearing on
the 2007-2012 Capital Improvement Plan.
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! 3. EXHIBITS: None
! 4. RECOMMENDED BY: Finance 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. 6M
Kent City Council Meeting
Date September 5. 2006
ICategory Other Business
1. SUBJECT: WESTVIEW MALIK REZONE, ORDINANCE
(QUASI-JUDICIAL PROCEEDING)
2. SUMMARY STATEMENT: The proposed ordinance rezones three parcels totaling
3.92 acres of property from Single-Family Residential 4.5 units per acre to Single-
Family Residential 8 units per acre. The property is located west of 94t" Avenue South
between S 242nd and S. 2441" Streets The Kent Hearing Examiner held a public
hearing on July 19, 2006, and issued his Findings, Conclusions, and Recommendation
on August 9, 2006, to Council.
3. EXHIBITS: Ordinance; Hearing Examiner Findings, Conclusions &
' Recommendation; Staff report & map; and Determination of Nonsignificance
4. RECOMMENDED BY: Hearing Examiner
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? No Revenue? No
Currently in the Budget? Yes No
1 If no•
Unbudgeted Expense: Fund Amount $
Unbudgeted Revenue: Fund Amount $
f6. CITY COUNCIL ACTION:
1 Councilmember moves, Councilmember C seconds
to accept/�the Findings, Conclusions and Recommendation of the Hearing
Examiner on the Westview Malik 11 Rezone and to adopt Ordinance No. 3 $'1
DISCUSSION:
ACTION:
' " -�- U " Council Agenda
z[j a aix GAG Item No 7A
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 3.92 acres of
property located west of 941h Avenue South, between
South 242nd Street and South 2441h Street, from SR-4.5
(Single-Family Residential, 4.5 units per acre) to SR-8
(Single-Family Residential, 8 units per acre). (Westview
Malik Rezone, #RZ-2006-7)
RECITALS
iA. An application was filed on April 17, 2006, to rezone approximately
3.92 acres of property located west of 94`h Avenue South, between South 242nd
Street and South 244th Street, in Kent, Washington, from the current zoning of SR-
4.5 (Single-Family Residential, 4.5 units per acre) to SR-8 (Single-Family
Residential, 8 units per acre). (Westview Malik, #RZ-2006-7).
B. The City's SEPA responsible official issued a Mitigated Determination
of Nonsignificance (MDNS) (#ENV-2005-24) for the proposed rezone on June 20,
2006.
C. A public hearing on the rezone was held before the hearing
examiner on July 19, 2006. On August 9, 2006, the hearing examiner issued
findings and conclusions that the Westview Malik 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
1 Westview Malik Rezone
to warrant the proposed rezone; and that the proposed rezone will not adversely ,
affect the health, safety, and general welfare of the citizens of the City of Kent.
D. Based on these findings and conclusions, the hearing examiner
recommended approval of the Westview Malik Rezone. ,
E. On September 5, 2006, the City Council determined that the hearing ,
examiner's findings and conclusions are consistent with sections 15.09.050(A)(3)
and 15.09.050(C) of the Kent City Code, accepted the findings of the hearing ,
examiner, and adopted the hearing examiner's recommendation for approval of the
Westview Malik Rezone from SR-4.5 to SR-8. ,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: '
ORDINANCE ,
SECTION 1. - Rezone. The property located west of 94th Avenue South, ,
between South 242nd Street and South 244th Street, in Kent, Washington consisting
of approximately 3.92 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 SR-4.5 (Single-Family
Residential, 4.5 units per acre) to SR-8 (Single-Family Residential, 8 units per '
acre). The City of Kent zoning map shall be amended to reflect the rezone granted
above. f
SECTION 2. - SeverabditY. If any one or more sections, sub-sections, 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 Westview Malik Rezone ,
I
1
SECTION 3. - Effective Date. This ordinance shall take effect and be in
1 force five (5) days from and after Its publication as provided by law.
1
1 SUZETTE COOKE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
1 APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
1
PASSED: day of September, 2006.
1 APPROVED: day of September, 2006.
PUBLISHED: day of September, 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\Rezone-WestviewMahk doc
1
1 3 Westview Malik Rezone
OFFICE OF THE LAND USE HEARING EXAMINER
Theodore P. Hunter
' Hearing Examiner
Z000KEN T FINDINGS, CONCLUSIONS AND RECOMMENDATION
W A S H I N G T O N
' FILE NO: WESTVIEW MALIK Rezone
' #RZ-2006-7 KIVA #2061963
APPLICANT: David Malik
' 5624 117th Avenue SE
Bellevue, WA 98006
REQUEST: A zoning map amendment to rezone four existing residential
parcels totaling approximately 3.92 acres from SR-4 5, Single
Family Residential, to SR-8, Single Family Residential, with the
' intension of subsequently subdividing three of the parcels into
a 20 unit development.
LOCATION: West of 94th Avenue S between S 242nd and S 244th Streets.
APPLICATION FILED: April 17, 2006
' DETERMINATION OF
NONSIGNIFICANCE ISSUED: June 20, 2006
' HEARING DATE: July 19, 2006
RECOMMENDATION ISSUED: August 9, 2006
RECOMMENDATION: APPROVED
' STAFF
REPRESENTATIVE: Chris Hankins, Planning Services
PUBLIC TESTIMONY: Nancy Rogers, Attorney for Applicant
Brandon McDowell, DBM Consulting Engineers
Colin Thorpe
EXHIBITS: 1. Staff report dated July 12, 2006, with a Site/Vicinity Map
and the following attachments:
' A. Preliminary Plat Application filed April 12, 2005
B. Zoning Map Amendment (Rezone) Application filed
April 17, 2006
Findings, Conclusions and Recommendation
' Heanng Examiner for the City of Kent
Westview Malick Zoning Map Amendment
#RZ-2006-7, KIVA #2061963
Page 1 of
C. Correspondence including comment letters from '
Maureen Curran, Ronald W. Fournier, Tim and Anne
Curran, David McGrew, Melvin and Roma Lindbloom,
and a joint letter from Julia Pierce, Danny Pierce,
Bernice Spaulding, and Sally Nelson. Also included is
project correspondence from Beth Tan, City of Kent, to
Brandon McDowell, DBM Consulting Engineers; from
Beth Tan, City of Kent, to Dana Mower, DBM
Consulting; from Chris Hankins, City of Kent, to ,
Aleanna Kondelis, Cramer Northwest
D. Department Routing sheets with no comments.
E. Notice of Public Hearing documents, including affidavits ,
of posting, publication, mailing, and the mailing list
F. Notice of Application Documents, including notice of
application, revised notice of application, affidavits of
notice, distribution list, correspondence with King
County Journal, notice of completeness dated May 12,
2006, notice of completeness dated July 11, 2005, and
notice of incompleteness dated May 12, 2005
G. Mitigated Determination of Nonsigrnficance (MDNS)
dated June 20, 2006 and Environmental Checklist
2. Letter from Mark Devlin, owner of the northern boundary
property, dated and received July 17, 2006
3. Proposed plat approval condition submitted at the hearing '
by Chris Hankins, City of Kent
The Hearing Examiner enters the following Findings and Conclusions based upon the testimony '
and exhibits admitted at the open record hearing:
FINDINGS
1. David Malick (Applicant) requested a zoning map amendment' to rezone four parcels
identified as King County Parcel numbers 1922059165, 1922059186, 1922059267, and
19220593752 from SR-4.5, Single Family Residential, to SR-8, Single Family Residential.
Exhibit 1, Attachment B.
2. The City of Kent determined the zoning map amendment application to be complete on
May 12, 2006. Exhibit 1, Attachment F.
' The Applicant submitted applications for both a rezone (#RZ-2006-7 KIVA# 2061963) and subdivision
(#SU-2004-1 KIVA#2051201) for the subject property. A separate decision was prepared on the rezone
application, contingent upon approval of this rezone. ,
Z A legal description for 1922059165, 1922059186, and 1922059375 is included in the Applicant's
Environmental Checklist Application. EXh/b/t 1, AttachmentG. ,
Findings, Conclusions and Recommendation
Hearng EXam/ner for the City of Kent
Westiliew Malick Zoning Map Amendment
#RZ-2006-7, KIVA #2061963
Page 2 of 7
3. The subject property was annexed to the City of Kent on April 27, 1987 under Ordinance
No. 2721. The City of Kent Comprehensive Plan designates the subject property as SF-8,
' Single Family Residential, which is equivalent to the proposed SR-8 zoning designation.
Exhibit 1, Staff Report, pages 2, 3, and 9.
' 4. Surrounding zoning and development is compatible with the requested rezone.
Generally, properties east of the site are zoned SR-6, but the property along the site's
eastern border was recently rezoned to SR-8. The property along the northern border is
' currently in the process of being rezoned SR-8. Properties to the east of the site are
generally zoned SR-6. Properties located to the south are currently zoned SR-4.5 and
MR-M Medium Density Multifamily. Much of the area surrounding the site is already
developed as single and multifamily dwellings In addition to residential development,
both a school and a church are nearby. Testimony of Chris Hankins; Exhibit 1, Staff
Report, pages 2, 3, and 13.
5. The Applicant originally requested a rezone to SR-6, but withdrew that application and
submitted this request for SR-8 classification. The stated reason for the change was to
allow greater flexibility in drawing the lot lines for the proposed development. The
development will place 20 homes on 3.73 acres. Parcel 1922059186 is not part of the
proposed development, but is part of the requested zoning map amendment.3 Exhibit 1,
Staff Report, page 7; Exhibit 1, Attachment B.
6. The City of Kent Comprehensive Plan contains the following goals and policies that are
' relevant to the rezone application:
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 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.
' Policy LU-11.6: Allow more flexibility for private street standards to encourage a variety
of compact innovative residential developments.
'The staff report does not address the rezone of 1922059186, but the Hearing Examiner has determined
that the parcel was included in the rezone request and that the record provides adequate evidence to
make a decision on it.
Findings, Conclusions and Recommendation
Hearing Examiner for the City of Kent
Westview Maiick Zoning Map Amendment
#RZ-2006-7, KIVA #2061963
Page 3 of 7
The proposed rezone and its contingent development proposal seek to establish lots
with an overall density of approximately 5.6 units per acre. The proposed location is
served by existing urban services and is in convenient proximity to commercial areas
along SE 240th Street. Additionally, creating additional single family housing helps
accommodate population growth without converting existing single family housing to
multifamily and without sprawl. Exhibit 1, Staff Report, pages 10 and 11. ,
7. Circumstances have changed since the City adopted the present zoning of the site.
Kent's Comprehensive Plan has designated the site as SF-8 since 1995. The Kent City ,
Council updated the Comprehensive Plan in 2004 and retained the SF-8 designation of
these parcels. Significant traffic improvements have been completed in the area since
its annexation by the city in 1987. Exhibit 1, Staff Report, page 14. '
8. The proposed rezone would facilitate future residential development of the subject
property by allowing for smaller lot sizes. While SR-8 zoning of the property would allow '
for approximately 32 units on site, the Applicant has submitted a proposal to divide 3.73
acres of the property into only 20 units. Exhibit 1, Staff Report, page 2; Exhibit 1, Site
Map; Exhibit 1, Attachment A. '
9. Colin Thorpe testified that there is an unresolved adverse possession claim for a small
strip of land along the northern border of the parcels in question. The claim is also set
forth in a letter from the northern property owner, Mark Devlin, which was admitted as
Exhibit 2. The dispute is about the ownership of a six-foot wide strip running along the
boundary between Mr. Devlin's and Mr. Malik's parcels. Brandon McDowell testified that '
the adverse possession claim would not impact the proposed development on Mr. Malik's
parcel since the proposed lots would still be larger than the legal minimum. Chris
Hankins introduced a proposed condition for the development proposal that would
adequately accommodate the eventual resolution of the adverse possession claim. All
parties present agreed it was appropriate to continue the rezoning review process for
Mr. Malik's properties. Testimony of Chris Hankins; Testimony of Nancy Rogers; '
Testimony of Brandon McDowell, Testimony of Co/in Thorpe, Exhibit 2, Exhibit 3.
10. Many comment letters were received from neighbors about the rezone and development
applications. None of the letters, however, focused on concerns related to the increase
in allowable density. The concerns voiced in the letters focus on the eventual
development of the property with homes and are better addressed during the review of ,
development applications. Exhibit 1, Attachment
11. The subject property has frontage on 94th Avenue South. The proposed rezone, in and '
of itself, would not add traffic to the local street system. The proposed development
would add 19 PM peak hour trips to 94th Avenue S. The traffic impact of the 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, pages 2, 3, 4, and 9; Testimony of Nancy Rogers. '
Findings, Conclusions and Recommendation
Hearing Examiner for the Cdy of Kent '
Westview Mallck Zoning Map Amendment
#RZ-2006 7, KIVA #2061963
Page 4 of 7
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 of Kent
reviewed the environmental impacts of both this rezone proposal and the contingent
preliminary plat proposal for the property at the same time. The City issued a Mitigated
' Determination of Nonsignificance (MDNS) for the rezone on June 20, 2006. The MDNS
requires the owner/subdivider to either pay a traffic impact fee or to commission a
traffic study and then make any necessary improvements to bring affected intersections
' back to the appropriate levels of service. The MDNS was not appealed. Exhibit 1, Staff
Report, pages 2-3; Exhibit 1, Attachment F,
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 on July 7, 2006 in
accordance with City ordinances. Exhibit 1, AttachmentE.
' 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 City 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.
Findings, Conclusions and Recommendation
' Hearing Examiner for the City of Kent
Westwew Malick Zoning Map Amendment
#RZ-2006-7, IGVA #2061963
' Page 5 of
Conclusions Based on Findings
1. The proposed rezone is consistent with the Comprehensive Plan. The '
Comprehensive Plan designates the subject property as SF-8. The rezone implements
the plan's designation and furthers its policies including those of placing new '
development near existing urban services and of providing a variety of housing options.
Findings 3 and 6.
2. The proposed rezone is consistent with development in the vicinity. The SR-8 '
designation is similar to and compatible with surrounding residential and social uses.
Findings 4 and 5. '
3. The proposed rezone will not unduly burden the transportation system. The
contingent development proposal would result in 19 new PM peak hour trips. The MDNS ,
requires the owner/subdivider involved in any subsequent development application to
pay transportation impact fees to mitigate any transportation impacts. Findings 5, 7, 11,
and 12. '
4. Circumstances have substantially changed since the establishment of the
current zoning district. In considering a rezone, the Applicant has the burden of
proof in demonstrating that conditions have substantially changed since the original
zoning and that the rezone bears a substantial relationship to the public health, safety,
morals, or general welfare. Parkridge v. 5eattle, 89 Wn.2d 454 (1978). A variety of '
factors may be considered to satisfy a change in circumstances including changes in
public opinion, local land use patterns, and changes on the property itself. Bjarnson V.
Kitsap County,_78 Wn. App. 840, 846 (1995). The proposed rezone is supported by ,
changes in surrounding residential zoning. The property along the site's eastern border
was recently rezoned to SR-8. The property along the northern border is currently in
the process of being rezoned SR-8. Significant traffic improvements have been '
completed in the area. Finding 7.
5. The proposed rezone will 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. Findings 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 Parcels numbered 1922059165, 1922059186, '
1922059267, and 1922059375 from SR-4.5 to SR-8 be APPROVED.
Findings, Conclusions and Recommendation
Hearing Examiner for the Oty of Kent '
Westview Malick Zoning Map Amendment
#RZ-2006-7, KIVA #2061963
Page 6 of 7 ,
i
DATED this 9T" day of August 2006.
1
THEODORE PAUL HUNTER
Hearing Examiner
iS\Permit\Plan\rezone\2006\2061963-2006-7FINDINGS doc
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1
i
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Findings, Conclusions and Recommendation
i Hearing Examiner for the City of Kent
Westview Malick Zoning Map Amendment
#RZ-2006-7, KIVA #2061963
page 7 Of
COMMUNITY DEVELOPMENT
Fred N. Satterstrom, Director
PLANNING SERVICES
Charlene Anderson, AICP, Manager
K E N T Phone 253 856 5454
WASHINGTON Fax 253-856-6454
Address 220 Fourth Avenue S
Kent, WA 98032-5895
KENT PLANNING SERVICES
(253) 856-5454
STAFF REPORT
FOR HEARING EXAMINER MEETING OF
July 19, 2006
FILE NO: WESTVIEW MALIK
#RZ-2006-7 KIVA# 2061963
#SU-2004-1 KIVA# 2051201
APPLICANT: Mr. David Malik
5624 1171h Avenue SE
Bellevue, WA 98006
RE UEST: A request to rezone then subdivide three existing
residential parcels totaling approximately 3.73
acres into 20 single family lots and one stormwater
tract. The rezone proposal would change the
current zoning of SR-4.5 Single Family Residential
to SR-8, Single Family Residential. The City's
Comprehensive Plan Map designates the site SF-8,
Single Family.
STAFF
REPRESENTATIVE: Chris Hankins, Planner
STAFF
RECOMMENDATION: Rezone: APPROVAL
Subdivision: APPROVAL WITH CONDITIONS
II. GENERAL INFORMATION
A. Description of the Proposal
' The applicant proposes to rezone then subdivide three existing residential parcels
totaling approximately 3.73 acres into 20 single family lots and one stormwater
tract. The rezone proposal would change the current zoning of SR-4.5 Single
Staff Report
Westview Malik Rezone and Subdivision
#RZ-2006-7 KIVA #RPP4-2061963
#SU-2004-1 KIVA #RPP3-2051201
Family Residential to SR-8, Single Family Residential. The City's Comprehensive
Plan Map designates the site SF-8, Single Family.
The proposed lot sizes range from 5,079 to 8,425 square feet. The proposal also
includes construction of site improvements such as utilities, streets, and
stormwater facilities.
Primary access to the site is proposed via a new pubic road connected to
94th Avenue South. A private roadway connection will be provided to the
property located north of the site providing future connectivity.
B. Location
The site is located west of 94th Avenue S between S. 242nd and S. 244th Streets.
The site is identified by King County Parcels #1922059267, #1922059165, and
#1922059375.
C. Size of Property
The subject site consists of three parcels totaling approximately 3.73 acres. ,
D. Zoning / Comprehensive Plan
The site is currently zoned SR 4.5, Single Family Residential. The applicant
proposes to rezone the site to SR-8, Single Family Residential.
Generally, properties to the east of the site are zoned SR-4.5. However,
property to the east of the site was recently rezoned from SR 4.5 to SR-8 (ref.
McGrew Rezone #RZ 2005-11). Additionally, the property directly north of the
site is also proposed to be rezoned from SR-4.5 to SR-8 (ref. Devlin Rezone #RZ
2006-5). Properties to the west of the site are generally zoned SR-6. Properties
located to the south are currently zoned SR 4.5 and MR-M Medium Density
Multifamily. Areas farther to the northwest are zoned MR-D, Duplex Multifamily.
The City of Kent Comprehensive Land Use Map designates the site together with
properties located to the north, south and east as SF 8 Single Family Residential,
8 Units per acre. Properties located west of the site are designated SF 6 Single
Family residential 6 units per acre and Medium Density Multifamily. The lots
proposed in the Westview Malik subdivision are generally consistent with this
intensity of development.
Utilizing gross acreage, the SR-8 zoning designation would allow for the
development of approximately 32 single family detached units on this site, as
opposed to 16 single family units under the existing SR-4.5 designation. The
subdivision proposed through this request includes only 20 new single family
Page 2 of 30
Staff Report
Westview Malik Rezone and Subdivision
#RZ-2006-7 KIVA #RPP4-2061963
#SU-2004-1 KIVA #RPP3-2051201
residential lots. The plat map dated April 27, 2006 indicates 21 new single family
lots, however the actual number is only 20.
E. Land Use
The site of this proposed rezone and subdivision is currently developed with a
residence and several accessory residential buildings all of which are proposed to
be demolished.
Existing development in the vicinity of the site is generally medium density single
family residential uses to the north, east and west of the site on a mixture of
platted and unplatted lots. Higher density single family and some multifamily
development occur in the immediate area. There are several developed church
facilities in the vicinity of the site, including directly south.
F. History
The property was annexed to the City of Kent on April 21, 1987 under Ordinance
No. 2721.
The initial applications for subdivision and rezone for this site were submitted to
the City on April 12, 2005, and deemed complete on July 11, 2005. A Notice of
Application (NOA) was issued on August 5, 2005. The initial application included
a rezone request from SR 4.5 to SR 6. The applicant since withdrew the initial
rezone application and resubmitted a new request from SR 4.5 to SR 8 on April
171 2006. The reason given by the applicant was that the zoning standards
contained within the SR 8 district allowed a better design and lot configuration
for their subdivision. The City determined the revised application complete on
May 8, 2006 and re-issued the revised NOA on May 26, 2006.
City Staffs review of this project has involved a number of resubmittals. The
final review of the proposal however, is based upon the preliminary plat map
stamped as received by the City of Kent Permit Center on April 27, 2006.
Prior to submission of this plat and rezone application, the site was cleared by
the owner of a significant number of large mature trees. Additionally, the
clearing activities resulted in substantially impacting existing wetlands on the
site. These clearing activities occurred prior to the owner submitting applications
for the preliminary plat and rezone. City staff was informed of this activity and
determined the clearing activities were done without obtaining proper permits.
' The City issued a stop work order, and required the owner to stop all clearing
operations. Subsequently, on March 5, 2004, the City issued a Notice of
Violation enforcement action against the property owner. As a result of this
enforcement action, the owner entered into an agreement to provide a
mitigation fee/fine for the impacts to the trees and wetlands that were cleared
1 Page 3 of 30
Staff Report
Westview Malik Rezone and Subdivision
#RZ-2006-7 KIVA #RPP4-2061963
#SU-2004-1 KIVA #RPP3-2051201
from the site. The impact fees were determined by wetland replacement ratios
and tree mitigation requirements identified in the Kent City Code.
Under the public comment period associated with the Notice of Application for
this proposal, the City received a comment letter consolidated by three property
owners west of the site whose properties were impacted by the unauthorized
clearing activities discussed above. The letter was received on August 19, 2005
by Marvin Eckfeldt, Danny & Julia Pierce, Bernice Spaulding, and Sally Nelson.
The issues identified in this letter are regarding items that were established
through the Notice of Violation issued by the City and also a private settlement
agreement between Mr. Malik and the neighboring property owners. At this
time, Staff recognizes the outstanding issues identified in the letter that pertain
to the Notice of Violation and the private settlement agreement. Staff will
continue to work with Mr. Malik and the neighboring property owners to ensure
that the outstanding issues are completed. It appears that Mr. Malik intends to
complete these issues once construction begins for the entire site.
II. ENVIRONMENTAL CONSIDERATIONS
A. Environmental Assessment
A Mitigated Determination of Nonsignificance (MDNS) was issued on June 20,
2006. A copy of this MDNS is part of the record for this plat/rezone. At this
time, no appeals to this decision have been filed. Staff is requesting the record
to remain open until July 20, 2006 to accommodate the required appeal period
for this decision.
B. Significant Physical Features
Topography, Wetlands and Vegetation
The site is relatively flat with slopes on the site ranging up to 11%. A balanced
grade and fill is proposed during site development.
A wide range of vegetation exists on the subject site. Deciduous and evergreen
trees, shrubs and grasses have all been identified in various plant communities.
The applicant has indicated that up to 27% of the site may be covered with
impervious surface, as allowed by the zoning code. The applicant will submit a
survey of significant on-site trees and, as part of civil construction plan review,
will be required to submit and receive approval of a tree preservation plan that
shows trees to be retained or planted.
As a result of previous clearing activities on the site, the City has determined that
the delineated wetlands on the site were significantly degraded. This clearing
also extended off-site onto adjacent properties. Had the proposed land use
Page 4 of 30
IStaff Report
Westview Malik Rezone and Subdivision
#RZ-2006-7 KIVA #RPP4-2061963
#SU-2004-1 KIVA #RPP3-2051201
applications for this site been submitted prior to impacts to the wetlands, the
applicant would have been required to define the on-site wetland boundaries.
The wetlands and associated buffer areas would have been required per city
regulations to be preserved and protected as existing. In essence, the plat
would have been constructed around these areas, with mitigation taking place
for any impacts to the wetlands due to site construction.
At this time, the wetlands located on site have been identified to be replaced at
the expense of the owner as off-site mitigation. This is a result of the notice of
violation and summary agreement accepted by the property owner. Therefore,
the wetlands and associated buffer areas as they previously existed are no
longer a factor for site development.
C. Significant Social Features
1. Street System
Transportation impacts associated with this development were identified
and evaluated during the environmental review process and analysis of
this project. The proposed development project is located within the East
Hill area of the City and will take its primary access from 941h Avenue
South. This public street has an existing public right-of-way width that
varies from about 30-feet to about 45-feet, while the asphalt street width
is currently varies from about 18-feet to 20-feet wide. The existing street
provides for two narrow lanes of traffic and has none of the following
j improvements: cement concrete curbs & gutters; stormwater drainage
system; cement concrete sidewalks; or a street lighting system. The
existing asphalt pavement section of this portion of the street is
inadequate to provide an expected 20-year service life and may be in
need of an asphalt overlay/rebuild in order to maintain an acceptable
level of service while accommodating the increased volume of taps being
generated by this proposal.
A second public street having frontage along the west boundary of the
subject development (and assumed to be named 94" Place South for the
purposes of this document) is an unopened public right-of-way, and this
street has an existing public right-of-way width that varies from about 25-
feet to 30-feet which extends northerly of the west terminus of South
2441h Street. The existing unopened street does not currently provide for
any lanes of traffic and is totally unimproved at this time.
Pursuant to City's Master Plan of Roadways 94th Avenue South is
classified as a Residential Collector Arterial Street upon which will require:
a minimum of 60-feet of public right-of-way; a 36-foot wide asphalt
roadway with three traffic lanes; vertical cement concrete curbs &
Page 5 of 30
Staff Report
Westview Malik Rezone and Subdivision
#RZ-2006-7 KIVA #RPP4-2061963
#SU-2004-1 KIVA #RPP3-2051201
gutters, a 5-foot wide planter strip, and 5-foot wide cement concrete
sidewalks on both sides of the street; a stormwater drainage system; a
City-approved street lighting system; public utilities, and other street
appurtenances when fully improved.
South 244th Street and 94th Place South are classified as Residential
Streets upon the City's Comprehensive Plan, which will require: a
minimum of 50-feet of public right-of-way; a 28-foot wide asphalt
roadway with two traffic lanes; vertical cement concrete curbs & gutters,
a 5-foot wide planter strip, and 5-foot wide cement concrete sidewalks on
both sides of the street; a stormwater drainage system; a City-approved
street lighting system; public utilities, and other street appurtenances
when fully improved.
As stated in the SEPA decision document, the proposed subdivision
development will cause incremental but cumulatively significant,
additional impacts to the regional and local transportation systems --
demonstrated, in part, as additional traffic congestion at the intersections
of: South 240th Street at 94th Avenue South, 94th Avenue South at
Canyon Drive / SR-516, Kent Kangley Road / SR-516 at 104" Avenue
South / SR-515 and Kent Kangley Road / SR-516 at 116th Avenue
Southeast.
This development is within an area that is characterized by streets with
narrow traffic lanes and narrow or no shoulders, and has been identified
as having substandard pedestrian facilities. This development will require j
off-site sidewalks / walkways to provide safe travel for school-age
pedestrians to and from East Hill Elementary School.
94th Avenue South is currently not improved to its design standard, and
will require improvement / widening in conjunction with this development
to support this project and continued development in the area.
2. Water System
The site is located within the City of Kent water service area. Adequate
capacity is available to serve this proposed subdivision.
3. Sanitary Sewer System
The site is located within the City of Kent sewer service area. Adequate
capacity is available to serve this proposed subdivision. A comment letter
was received from Mr. Ronald Fournier dated August 17, 2005, and
again on June 6, 2006 regarding the existing on-site septic system drain
field serving his property. Mr. Fournier believes this existing drain field
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extends onto the Westview Malik property. Other properties adjacent to
the site which have septic service drain fields may also impact the
Westview Malik site. As a condition of approval, the applicant is required
1 to identify any adjacent drain fields which may extend onto the project
site. If in fact the existing dram fields associated with Mr Fourmer's
property or other properties in the immediate area are identified to
extend onto the Westview Malik site, the applicant shall provide
necessary easements to maintain these dram fields or provide sanitary
sewer connections to impacted property owners.
4. Stormwater System
A stormwater system will be necessary to accommodate the proposed
development. The applicant has submitted a preliminary drainage
analysis which supports the location and size of the proposed storm
drainage tract. Prior to development of the site the applicant will be
required to submit complete drainage plans prepared in accordance with
the 2002 City of Kent Surface Water Design Manual and the 1998 King
County Surface Water Design Manual.
III. CONSULTED DEPARTMENTS AND AGENCIES
The following departments and agencies were advised of these applications:
Chief Administrative Officer Police Department
Director of Public Works Fire Chief
Parks & Recreation Director City Clerk
City Attorney Kent School District
U.S. Post Master WA State Dept. of Ecology
K. C. Wastewater Treatment Puget Sound Energy
King Co. Environmental Health Qwest
King Co. Transit Division WA State Dept. of Transportation
In addition to the above, all persons owning property located within 300 feet of the site
were notified of the application and of the public hearing. A Notice of Application (NOA)
was published in the King County Journal and was posted on the site on August 5, 2005,
and May 26, 2006 respectively. Notice for this public hearing was published in the King
County Journal and posted on-site on July 7, 2006.
After the NOA was issued, Staff determined that King County tax parcels #1922059186,
' and #1922059436 were identified as part of this application and that the total area was
4 acres. For clarification, the two previously mentioned parcels are not part of this
application for consideration. Parcel #1922059186 was part of the initial application,
however was adjusted out via a lot line adjustment approved by the City of Kent on
November 9, 2005. Parcel #1922059436 was eliminated under this same lot line
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adjustment as a remnant parcel form an incorrect survey. Minus these two parcels, the '
total site area was reduced from 4 acres to 3.73 acres.
There were several public comment letters submitted regarding these applications. As
mentioned previously, a comment letter was received from Mr. Ronald Fournier dated
August 17, 2005, and again on June 6, 2006. Also, a consolidated letter was received
on August 19, 2005, by Marvin Eckfeldt, Danny & Julia Pierce, Bernice Spaulding, and
Sally Nelson. Letters were also received from Maureen Curran, on August 10, 2005, and
June 30, 2006; Tim & Anne Curran on August 19, 2005; David McGrew on August 15,
2005; and Melvin & Roma Lindbloom on August 12, 2005.
To summarize in general, comments concerned impacts to existing neighborhood status
and natural settings; impact to schools; impacts to wildlife habitat; addressing
cumulative traffic impacts along 94th Ave; stormwater drainage/flooding to downstream
properties, aesthetic impacts from loss of environmentally sensitive areas and views in a
westerly direction; pedestrian safety along 94th Ave S; coordination of street & utility
improvements with other development in the area; and bus stops for school age
children along 94' Avenue S. Other issues included an off site sanitary sewer drain field
associated with a neighboring property, coordination of construction improvements
along 941h Ave S., and on-going issues related to enforcement activities associated with
tree removal and wetland degradation.
Comments from departments, agencies, and the public have been incorporated and
addressed in the staff report where appropriate.
IV. PLANNING SERVICES REVIEW
A. Comprehensive Plan
The City of Kent has adopted a revised Comprehensive Plan pursuant to the
Growth Management Act (Ordinance #3698 — July 2004). The goals and policies
of the Comprehensive Plan represent an expression of community intentions and '
aspirations concerning the future of Kent and the area within the potential
annexation area. The Comprehensive Plan is used by the Mayor, City Council,
Land Use and Planning Board, Hearing Examiner and City departments to guide '
decision-making relative to development and capital facility spending.
The City of Kent Comprehensive Plan is comprised of eleven elements which
contain written goals and policies as well as a land use map. The proposed
subdivision supports several goals and policies in the Land Use element, most
notably goals LU-1 and LU-8, and policies LU 1.1, LU 9.1, LU 11.3, LU 11.6, LU
12.2, The proposed plat is located 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, in-fill development provides a more efficient means
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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 projected 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.
Upon reviewing the subdivision map for the Westview Malik Preliminary
Subdivision development, it has been determined that the proposed development
will cause incremental but cumulatively significant, additional impacts to the
regional and local transportation systems.
Additional incremental, but cumulatively significant, impacts will be created to
1 stormwater quantity, stormwater quality, stormwater detention and conveyance
facilities, utility transmission facilities, sanitary sewage and domestic potable
water conveyance systems.
ICompliance with City of Kent's 'Public Works Ordinance' and the State of
Washington's Growth Management Act will require concurrent improvement -- or
the execution of binding agreements by the Owner / Subdivider with the City of
■ Kent, for participation in future public improvement projects-of roadways,
pedestrian and bicycle circulation systems, intersection and intersection traffic
I signals, stormwater detention, stormwater treatment, and stormwater
conveyance, utility, sanitary sewage, and domestic potable water systems.
jLAND 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
I acre. In addition to the Land Use Plan Map, 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.
jGoal LU-1: Designate a Potential Annexation Area which will define
the City's planning area and projected city limits for the
next 20 years.
Policy LU-1.1: Provide enough land in the City's Potential Annexation
I Area to accommodate the level of household growth
projected to occur in the next 20 years.
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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 needs of the region's
changing demographics.
Policy LU-11.1: Support the achievement of allowable density in single-
family developments through flexibility and creativity in
site design.
Policy LU-11.3: Allow more flexibility in single-family and multifamily
residential setbacks, vehicle access, and parking,
particularly on small lots, to encourage more compact infill
development and innovative site design.
Policy LU-11.6: Allow more flexibility for private street standards to
encourage a variety of compact innovative residential
developments.
Policy LU-12.2: Promote residential streetscape patterns which foster more
opportunities for pedestrians and community interaction.
Such measures include narrower paved roadways, smaller
front-yard setbacks, and a pattern of streets, sidewalks
and pathways that encourages connectivity between
neighborhoods.
Plannina Services Comment:
The proposed rezone and subdivision are supported by relevant goals and
policies contained within the Land Use Element of the Comprehensive Plan. The
development proposed through this subdivision request seeks to establish
residential lots at an overall density of approximately 5.6 units per acre, which is
sufficient to support urban services and infrastructure. The proposed location is
easily served by existing urban services and is in convenient proximity to
commercial areas along SE 2401h Street. The land use plan supports the
development of close-in vacant or underdeveloped properties, which limits
further urban sprawl on the edges of the planning area. Also, one of the
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objectives of the comprehensive plan is to provide a wide variety of housing
types and opportunities to accommodate projected population growth without
converting single family lands to multifamily residential. A subdivision 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
I The primary goal of the housing element is to meet the current and future need
for housing in the Kent area. The ability to obtain affordable housing is essential
to a stable, healthy, and thriving community.
I Goal H-2: Promote the organization and 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.
Policy H-2.5: Require developments to provide their fair share of on-site
and off-site improvements needed as a result of the
development.
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.
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Goal H-5: Increase housing opportunities through a diversity of
housing types and the innovative use of residential and
commercial land.
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 and subdivision are supported by relevant goals and
policies contained within the Housing Element of the Comprehensive Plan. The
overall density for the project as mentioned above is proposed at an acceptable
level to support urban services, and supports projected population growth and
the changing demographics of the City. 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 projected 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 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.
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. The Public Works Department has
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identified improvements to the local transportation network necessary to
accommodate the proposed higher density. These improvements will be
required through the conditions of approval proposed for this subdivision.
jB. Standards For Granting A 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 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.
I 2. The proposed rezone and subsequent development of the site would
be compatible with development in the vicinity.
i Planning Services Comment
■ The proposed rezone and subdivision of the site for development would be
compatible with the existing development in the vicinity. Subsequent
development of the site will include detached single family residences on
individual lots. The subject property is in an area which is rapidly developing to
urban densities of at least four dwelling units per acre. To the north is the
proposed Devlin rezone and short plat. To the east is the recently approved
McGrew rezone. Other properties east of the site which are currently developed
as single family homes on large lots also have the potential to develop.
3. The proposed rezone will not unduly burden the transportation
system in the vicinity of the property with significant adverse
impacts which cannot be mitigated.
Planning Services Comment
The proposed subdivision will be conditioned to include site, road and street
frontage improvements to meet the City of Kent roadway standards. These
improvements include but are not limited to curb, gutter, sidewalks, planting
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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 a mitigation fee for the
impacts created by this and other future development.
4. Circumstances have changed substantially since the
establishment of the current zoning district to warrant the
proposed rezone.
Planning Services Comment
The subject site was annexed to the City of Kent on April 21, 1987 and is
developed with a single family home and a detached shed. 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 941h Avenue
South and Canyon Drive and the addition of sidewalks and bike lanes along the
south side of Canyon Drive. In addition, the South 272"d/277`h Street Corridor
located to the south of the site has been substantially 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.
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C. Standards For Granting A Subdivision
1 The purpose of the City of Kent Subdivision Code is to provide rules, regulations,
requirements, standards and procedures for subdividing land in the City of Kent,
ensuring that the highest feasible quality in subdivisions will be attained; that the
public health, safety, general welfare, and aesthetics of the City of Kent shall be
promoted and protected; that orderly growth, development, and the
conservation, protection and proper use of land shall be promoted; that proper
provisions for all public facilities, including connectivity, circulation, utilities, and
services shall be made; that maximum advantage of site characteristics shall be
taken into consideration; and that the process shall be in conformance with
provisions set forth in the City of Kent Zoning Code and Kent Comprehensive
Plan (KCC 12.04.015).
The procedures regulating subdivisions are established to ensure quality
development which promotes orderly and efficient growth, the conservation and
proper use of land; protects the public health, safety, general welfare, and
aesthetics of the city; makes adequate provisions for public facilities in
conformance with provisions set forth in KCC Title 15, Zoning, and the Kent
Comprehensive Plan; and complies with the provisions of this chapter and
Chapter 58.17 RCW (KCC 12.04.600).
1 No subdivision shall be approved unless the following principles of acceptability
are met; the subdivision shall:
I1. Create legal building sites which comply with all provisions of KCC Title
15, Zoning, and health regulations;
2. Establish access to a public road for each segregated parcel;
3. Have suitable physical characteristics; a proposed plat may be denied
because of flood, inundation or wetland conditions; slope, soil stability
and/or capabilities; or the construction of protective improvements may
be required as a condition of approval;
4. If adjacent to another municipality or King County, take into
consideration the subdivision standards of that jurisdiction as well as the
requirements of this chapter;
5. Make adequate provision for stormwater detention, drainageways, water
supplies, sanitary wastes, and other public utilities and services, as
deemed necessary;
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6. Make adequate provision for the connectivity of streets, alleys, pedestrian
accessways and other public ways (KCC 12.04.635).
As evidenced by the General Information in Section I. and the following
responses to the criteria for approving subdivisions, the proposal is in general
conformance with the Kent Subdivision Code.
Furthermore, Section 12.04.685 of the Kent Subdivision Code indicates that a
subdivision shall not be approved unless the City finds that:
1. Appropriate provisions have been made for: t
a. The public health, safety and general welfare of the community;
The proposed plat is consistent with the Comprehensive Plan
designation of SF-8. The proposed density and lot dimensions are
consistent with the respective zoning districts, as proposed
through this application.
b. Protection of environmentally sensitive lands and habitat;
A Mitigated Determination of Nonsignificance (ENV-2005-24) was
issued for this development proposal as well as for the proposed ,
rezone was on June 20, 2006. Conditions of this determination
require the applicant to provide mitigation for traffic impacts
created by the proposed development.
C. Open spaces;
Provisions for open space will be made through payment of a fee
in lieu of dedication of on-site open space as discussed in section
d. below. ,
d. Community parks and recreation;
The Parks Department has commented that the proposed
subdivision does impact existing park facilities. No open space is
shown on the site plan for this project. The owner/applicant will
be required to pay a fee in lieu of dedication of land pursuant to
Section 12.04.780. This fee is based on the value of the subject
land at the time of application for preliminary subdivision
approval. As this application for subdivision was deemed
complete in July of 2005, land values from that date have been
used to determine that a fee of approximately $24,600 will be
required in lieu of dedication of open-space within the proposed
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plat (based on the values provided by the King County
Department of Assessments). Funds collected in lieu of an on site
dedication of open space will be used for improvement and/or
acquisition of additional park space within the general area of the
proposed site.
e. Neighborhood tot lots and play areas;
Provisions for these areas will be accomplished by the fee paid
under section d. above.
1 f. Schools and school grounds;
The subject property lies within the Kent School District. Pursuant
to KCC 12.13.160, a school impact fee (currently assessed at
$4,775 per single family residence) will be assessed in association
with the subdivision of land The impact fee will be assessed and
collected for each individual lot at the time of construction permit
issuance and will be based upon the adopted impact fee at that
time.
g. Drainageways;
Each individual residence will be required to provide on-site
infiltration as well as an overflow connection to an approved
Lconveyance system.
h. Stormwater Detention;
The City of Kent Public Works Department has reviewed the
incremental increase in impervious area and determined the
proposed Stormwater system to be adequate.
i. Connectivity of sidewalks, pedestrian pathways, traffic calming
features and devices, and other planning features that assure safe
walking conditions within and between subdivisions for residents
and students who walk to and from schools, parks, transit stops
and other neighborhood services;
Sidewalks will be required along both sides of the proposed public
streets, and along 94th Avenue S. The proposed road configuration
will allow connection of sidewalks to future developments north of
the site.
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J. Connectivity of streets or roads, alleys, pedestrian accessways,
and other public ways within and between subdivisions and
neighborhoods;
Properties to the north of the Westview Malik site are currently ,
under City review for subdivision development, but have yet to
receive preliminary approval. The proposed roadway for the
Westview Malik subdivision provides a connection at the north
property line so as to allow the roadway to connect to the Devlin
plat to the north.
k. Transit stops;
Transit service is available less than 1 mile from the site at SE
240i'h (James) Street, and SE 272"d Street (Kent Kangley Road).
I. Potable water supplies;
All homes within the proposed plat will be connected to water
service provided by the City of Kent.
M. Sanitary wastes;
All homes within the proposed plat will be connected to sanitary
sewer service provided by the City of Kent.
n. Other public utilities and services, as deemed necessary:
The applicant shall be responsible for providing power, natural
gas, telephone, cable and other applicable utilities and services to
each lot within the proposed short subdivision. The applicant is
responsible for contacting each agency separately for more
information about their individual requirements. Garbage service
will be established by the individual residents.
2. The city has considered all other relevant facts; and determined that the
proposed plat will be in conformance with all of the criteria listed above.
3. The public use and interest will be served by the platting of such
subdivision and dedication.
4. The City has considered the physical characteristics of the proposed ,
subdivision site and may deny a proposed plat because of flood,
inundation, or wetland conditions; slope, or sod stability and/or
capabilities. Construction of protective improvements may be required as
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a condition of approval, and such improvements shall be noted on the
final plat.
C. ZONING CODE
1. Feasibility of Development
If the proposed rezone from SR-4.5 to SR-8, Single Family Residential is
approved, development on all lots in the proposed subdivision will be
` subject to Zoning Code requirements in the SR-8, Single Family
Residential zoning district. All proposed lots within the subdivision area
meet the minimum lot size and width requirements for the SR-8, Single
1 Family Residential district.
Numerous significant trees were previously located on the site. Zoning
regulations encourage the retention of significant trees where roads,
utilities, and site improvements are not proposed. Tree mitigation plans
will be required for the plat and development of each lot (per KCC Section
15.08.240) and previous enforcement activity.
D. CONSISTENCY ANALYSIS
The proposed rezone and subdivision are consistent with the goals and policies
of the City of Kent Comprehensive Plan.
1. Type of Land Use Allowed
The development of single family home sites is a principally permitted use
1 on land zoned SR-4.5 and SR-8, Single Family Residential.
2. Level of Development Allowed
The proposed subdivision of approximately 3.73 acres into 20 building
sites is consistent with the designated Comprehensive Plan designation of
SF-8 Single Farri units per acre and with the zoning designation of
SR-8 (pending the outcome the proposed rezone).
3. Adequacy of Infrastructure
The proposed subdivision will place increased demands on existing
1 transportation, water and sanitary sewer systems in the general vicinity.
The project will also result in a significant net increase of impervious
surface area on the two parcels involved. When fully developed, the
impact of 20 new homes being occupied will result in an estimated 210
daily and 21 PM peak hour trips to the local street system.
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The effects on the domestic water supply, sanitary sewer service,
stormwater run-off, conveyance, storage, treatment and discharge and
transportation impacts have been analyzed through the subdivision
review as well as the SEPA process and associated MDNS.
4. Characteristics of the Proposed Subdivision
The proposed subdivision, as presented, appears to be in general
conformance with the Kent City Code with respect to the required
minimum lot area, minimum lot width and access to a public right of way.
E. PROPOSED FINDINGS
Planning Services has reviewed these applications in relation to the
Comprehensive Plan, zoning, land use, street system, flood control problems and
comments from other departments and finds that:
1. The Kent Comprehensive Plan Land Use Map designates this site SF-8,
Single Family Residential, 8 units per acre maximum density.
2. The site is currently zoned SR-4.5 Single Family Residential. If RZ-2006-6
s approved, this site will be zoned SR-8 Single Family Residential and
subject to the development standards which include 4,000 square foot
minimum lot size and 40 foot minimum lot width.
3. Current land uses in the immediate area are predominantly low and
medium density single family residential.
4. A Tentative Plat meeting was held for the proposed subdivision on
February 11, 2004 (#TSU-2004-1).
5. A Mitigated Determination of Nonsignificance was issued for the plat on
June 20, 2006 (#ENV-2005-24).
6. The site has access to 94th Avenue South.
7. The subject property would receive water service from the City of Kent.
8. The subject property would receive sewer service from the City of Kent.
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V. CITY STAFF RECOMMENDATIONS
1. ZONING MAP AMENDMENT (#RZ-2005-4)
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
Westview Malik rezone.
L 2. PRELIMINARY SUBDIVISION (#SU-2004-1)
Based on the merits of this request and the code criteria for granting a
preliminary subdivision, staff recommends APPROVAL of the proposed Westview
IMalik preliminary plat subject to the following conditions
A. PRIOR TO RECORDING THE PLAT FOR THIS SUBDIVISION:
1. The Owner / Subdivider shall pay all Charges in Lieu of
Assessments and/or Latecomer Fees, if any, prior to scheduling
the Pre-Construction Conference and/or prior to recording this
plat, whichever comes first.
2. The Owner / Subdivider shall provide Public Works with a digital
plat map prepared with a CAD program. The digital information
can be formatted in either *.DWG (AutoCad) or *.DXF (Drawing
L Exchange File), but must be based upon State Plane
coordinates: an assumed coordinate system is not
permitted. The State Plane Coordinates shall be on the NAD
83/91 datum and relate to at least two City of Kent reference
points within one half mile of the subdivision. In addition, the
project shall be tied into at least two City of Kent NAD 88 vertical
benchmarks and two additional permanent benchmarks shall be
established within the project. The elevations of these
benchmarks will be reported at the time as-built drawings are
submitted along with field notes sufficient to verify their accuracy.
3. The Owner / Subdivider shall submit and receive City approval for
L engineering drawings from the Department of Public Works, and
shall then either construct or bond for the following:
a. A gravity sanitary sewer system to serve all lots.
The public sanitary sewer system shall be extended from
the existing public sanitary sewer system located within
Summit Avenue and shall be sized to serve all off-site
Page 21 of 30
Staff Report
Westview Malik Rezone and Subdivision
#RZ-2006-7 KIVA #RPP4-2061963
#SU-2004-1 KIVA #RPP3-2051201
properties within the same service area; in addition, the
sanitary sewer system shall be extended across the entire
subdivision as needed to serve adjacent properties within
the same service area, unless otherwise determined by the
sanitary sewer purveyor.
The required public sanitary sewer extension will
be within a public sewer easement that is at least
I5-feet in width, and this easement may be
required to be wider if the depth of that sewer
exceeds 10-feet, The City shall approve the location
of this easement as needed to ensure future
maintenance of this off-site gravity sewer system,
and to include provisions to extend the sewer east
of M"A venue South.
The septic system serving the existing home(s) within the
proposed subdivision - if any - shall be abandoned in
accordance with King County Health Department
Regulations. Further, the applicant/owner shall identify
any adjacent septic drain fields which may extend onto the
project site. If in fact existing drain fields associated with
adjacent properties in the immediate area are identified to
extend onto the Westview Malik site, the applicant shall
provide necessary easements to maintain these drain fields
or provide sanitary sewer connections to impacted
property owners.
b. A water system meeting domestic and fire flow
requirements for all lots.
The public water system shall be extended and sized to
serve all off-site properties within the same service area;
in addition, the water main shall be extended across the
entire subdivision as needed to serve adjacent properties j
within the same service area, unless otherwise determined
by the water purveyor.
Existing wells — if any - shall be abandoned in accordance
with the requirements of the Department of Ecology.
C. A stormwater system. The Engineering Plans must meet
the minimum requirements of the City of Kent Construction
Standards and 2002 City of Kent Surface Water Design
Manual (KSWDM). Initial guidance for the Engineering
Page 22 of 30
Staff Report
Westview Malik Rezone and Subdivision
#RZ-2006-7 KIVA #RPP4-2061963
#SU-2004-1 KIVA #RPP3-2051201
Plans is given below (See Chapter 2 of KSWDM for detailed
submittal requirements):
(1) The Engineering Plans will include at a minimum:
Site improvement plans which include all plans,
details, notes and specifications necessary to
construct road, drainage, and other related
improvements. The engineering plans shall include
a technical information report (TIR) which contains
all the technical information and analysis to develop
the site improvement plans. This project is
located within the Landslide Hazard Drainage
Area and will require a Full Drainage Review.
The requirements can be found in the City of
Kent Surface Water Design Manual Section
1.1.2.3.
1 (2) An erosion and sedimentation control (ESC) plan
shall be included in the engineering plans. The ESC
shall meet the requirements of the City of Kent
Construction Standards, and the 2002 City of Kent
Surface Water Design Manual. These plans must
reflect the Detailed Grading Plan discussed below,
and the Planning Department approved Detailed
Tree Plan
(3) The retention / detention and release standard that
will be met by the subdivision is Level Two. The
' water quality menu that will be met by the
subdivision is the Resource Stream Protection
Menu.
(4) The site improvement plans and technical
information report will contain drainage calculations
and a drawing of the retention / detention pond
tract at an appropriate engineering scale to show
that the proposed on-site or off-site retention /
I detention tract is large enough to contain the
required minimum stormwater storage volume and
water quality facility. The site improvement plans
will also show that all required stormwater
management facilities will be outside of delineated
wetlands and their buffers, as well as outside of
creeks and rivers and their buffers.
Page 23 of 30
Staff Report i
Westview Malik Rezone and Subdivision
#RZ-2006-7 KIVA #RPP4-2061963
#SU-2004-1 KIVA #RPP3-2051201
(5) A downstream analysis is required for this
development, and it will include an analysis for
capacity, erosion potential, and water quality. Refer
to the requirements of Technical Information
Reports in Section 3: "Offsite Analysis", of the 2002
City of Kent Surface Water Design Manual for the
specific information required for downstream
analyses.
(6) As development occurs within this subdivision, roof
downspouts for each roofed structure (house,
garage, carport, etc.) shall be directed to Roof
Downspout Controls per Chapter 5.1 of the 1998
King County Surface Water Design Manual.
(7) If determined necessary by the Public Works
Department following review and approval of the
required downstream analysis, the Owner /
Subdivider shall provide public drainage easements
meeting the requirements of the City of Kent
Construction Standards for the specified
downstream reach where adequate public drainage
easements do not currently exist.
(8) The Owner / Subdivider shall submit Landscape
Plans for within and surrounding the retention /
detention facility to Planning Services and to the
Department of Public Works for concurrent review
and approval prior to, or in conjunction with, the '
approval of the Engineering Plans. These
Landscape Plans shall meet the minimum
requirements of the City of Kent Construction
Standards, and the stormwater management
landscaping requirements contained within the
1998 King County Surface Water Design Manual.
Landscape Plans are required to show adjacent
Street Trees so that the City arborist can assess
potential adverse stress upon all types of
vegetation.
(9) The Owner / Subdivider shall execute Declaration
of Stormwater Facility Maintenance Covenants for
the private portions of the drainage system
prepared by the Property Management Section of
the Department of Public Works. See Reference 8-
Page 24 of 30
Staff Report
Westview Malik Rezone and Subdivision
#RZ-2006-7 KIVA #RPP4-2061963
#SU-2004-1 KIVA #RPP3-2051201
F, Declaration of Stormwater Facility Maintenance
Covenant, to the 2002 City of Kent Surface Water
Design Manual for information on what is contained
within this document.
d. A Detailed Grading Plan for the entire subdivision meeting
' the requirements of the Uniform Building Code, the City of
Kent Construction Standards, and City of Kent
Development Assistance Brochure #1-3, Excavation and
Grading Permits& Grading Plans Initial guidance for these
plans is given below:
I (1) These plans will include provisions for utilities,
roadways, retention / detention ponds, stormwater
treatment facilities, and a budding footpad for each
lot.
(2) These plans shall be designed to eliminate the
need for processing several individual Grading
Permits upon application for Budding Permits.
(3) These plans will use a 1-foot maximum contour
interval, and every fifth contour line will be darker
and wider in conformance to standard drafting
practice.
e. A Temporary Erosion / Sedimentation Control Plan for the
entire subdivision meeting the requirements of the City of
Kent Construction Standards, and the most recent adopted
version of the Stormwater Management Manual for the
Puget Sound Basin. These plans must reflect the Detailed
Grading Plan discussed above, and Planning Services
approved Detailed Tree Plan.
f. Street Improvement Plans for the new public Residential
Street connected to 94th Avenue South (South 243rd
Street) and terminating with a permanent cul-de-sac bulb
at its north terminus. The Street Improvement Plans for
this street shall be designed in conformance to the
requirements for a Residential Street as required by City of
I Kent Construction Standards, and City of Kent
Development Assistance Brochures #6-2, Private and
Public Street Improvements and City of Kent Development
Assistance Brochure # 6-8, Street Improvement Plans for a
Page 25 of 30
Staff Report '
Westview Malik Rezone and Subdivision
#RZ-2006-7 KIVA #RPP4-2061963
#SU-2004-1 KIVA #RPP3-2051201
public street 28-feet wide. Initial guidance for these street
improvements is given below:
(1) Combined vertical curbs & gutters, a 5-foot wide '
planting strip constructed between the back of curb
and the front of the sidewalk, and then 5-foot wide
cement concrete sidewalks on both sides of the
street.
(2) A minimum of 28-feet of asphalt pavement,
measured from face of vertical curb to face of
vertical curb.
(3) A street lighting system designed to the City's
standards, constructed and maintained by the
IntoLight Division of Puget Sound Energy; all
electrical and maintenance bills shall be paid for by
a Home Owner's Association.
(4) A public stormwater drainage system, including
provisions for collection, conveyance, detention,
and treatment facilities.
(5) Curb return radii of 20-feet at the intersection of
the Subdivision Street and 94th Avenue South, and
curb return radii of 30-feet at the ell intersection of
the new public street constructed, and a 45-foot
radius to the face of curb for cul-de-sac bulbs.
(6) Street Trees installed within the 5-foot wide
planting strips. These Street Trees will be located
as approved by the Public Works Department, and ,
the species shall be selected from the Approved
Street Tree List contained within City of Kent
Development Assistance Brochure #14, City of Kent
Street Trees.
g. Interim Street Improvement Plans for 941h Avenue South
along the entire property frontage thereon. The Interim
Street Improvement Plans for this street shall be designed
in conformance to the requirements for a Public
Residential Collector Arterial Street as required by Cily of
Kent Construction Standards, and City of Kent
Development Assistance Brochure #6-2, Private and Public r�
Street Improvements and City of Kent Development
Page 26 of 30
Staff Report
Westview Malik Rezone and Subdivision
#RZ-2006-7 KIVA #RPP4-2061963
#SU-2004-1 KIVA #RPP3-2051201
1 Assistance Brochure # 6-8, Street Improvement Plans for a
street at least 36-feet wide. Initial guidance for these
street improvements is given below:
(1) Combined vertical curbs & gutters, a 5-foot wide
planting strip constructed between the back of curb
and the front of the sidewalk, and then 5-foot wide
cement concrete sidewalks along the west side of
the street.
(2) A minimum of 18-feet of Hot Mix Asphalt (HMA)
pavement, measured from vertical face of curb
constructed on the west side of the street to the
approved centerline of the street, plus at least 12-
feet of additional HMA pavement on the east side
of the approved centerline and a City-approved
shoulder.
(3) A street lighting system designed to the City's
standards, constructed and maintained by the
IntoLight Division of Puget Sound Energy; all
electrical and maintenance bills shall be paid for by
a Home Owner's Association.
(4) A public stormwater drainage system, including
provisions for collection, conveyance, detention,
and treatment facilities.
(5) Street Trees installed within the 5-foot wide
planting strips. These Street Trees will be located
as approved by the Public Works Department, and
I the species shall be selected from the Approved
Street Tree List contained within City of Kent
Development Assistance Brochure #14, City of Kent
Street Trees.
h. Street Improvement Plans for the new Private Residential
Street connected to the new Residential Street and
terminating with a permanent cul-de-sac bulb, or approved
turnaround at its north terminus. The Street Improvement
Plans for this street shall be designed in conformance to
the requirements for a Private Residential Street as
required by City of Kent Construction Standards, and City
' of Kent Development Assistance Brochure #6-2, Private
and Public Street Improvements and City of Kent
Page 27 of 30
Staff Report
Westwew Malik Rezone and Subdivision
#RZ-2006-7 KIVA #RPP4-2061963
#SU-2004-1 KIVA #RPP3-2051201
Development Assistance Brochure # 6-8, Street
Improvement Plans for a street at least 20-feet wide.
Initial guidance for these street improvements is given
below:
(1) For a private street serving four or more lots and
where parking will not be permitted: A minimum of
20-feet of Hot Mix Asphalt (HMA) pavement,
measured from edge of pavement to edge of
pavement, except where additional pavement is
required by the Fire Marshal for emergency vehicle
access.
(2) A 5-foot wide paved walkway constructed along
one side of the street if more than four lots will be
served by the private street.
(3) All Private Residential Streets will be connected to a
public street via the construction of a Residential
Driveway Approach conforming to the requirements
of Standard Detail 6-5(a). All Residential Driveway
Approaches used for emergency as determined by
the Fire Marshal shall use a design radius of 30- '
feet.
(4) An approved cul-de-sac bulb, or an approved
turnaround at its terminus, unless these additional
street improvements are not required by the City
Fire Marshal.
(5) A private stormwater drainage system, including
provisions for conveyance, detention, and
treatment facilities where applicable.
(6) Unless additional HMA pavement width is provided
for parking, all minimum width private streets
serving more than two lots shall have pavement
markings and traffic signs installed which clearly
designate these private streets as Fire Lanes,
where no parking will be permitted. Note at the
sole discretion of the Fire Marshal, the Owner / ,
Subdivider may instead install the City's approved
NO PARKING signs at 75-foot intervals instead of
the NO PARKING FIRE LANE signs and 18 inch
white NO PARKING FIRE LANE legend.
Page 28 of 30
Staff Report
Westview Malik Rezone and Subdivision
#RZ-2006-7 KIVA #RPP4-2061963
#SU-2004-1 KIVA #RPP3-2051201
' (7) The private street, including sidewalks must be
centered within a private roadway tract or
easement that is at least 1-foot wider than the total
width of the Private Street and sidewalk
combination.
1. Street Light Plans for 94th Avenue South, South 244th
Street, 94th Place South, and all internal residential streets
meeting the requirements of the City of Kent Construction
Standards, and City of Kent Development Assistance
Brochure #6-1, Street Lighting Requirements
4. The Owner / Subdivider shall create a Homeowner's Association
for this subdivision to ensure that the property owners within this
subdivision are advised of their requirement to pay for the
provided street lighting system. Those sections of the required
document written to govern that association as they relate to any
IntoLight Division of Puget Sound Energy street lighting systems,
shall be reviewed and approved by the Department of Public
Works, prior to the recording these documents.
5. The face of the final plat will clearly identify the private street, and
which lots will be served by this private street. The face of the
final plat will also specify that the maintenance of all private
streets is the sole responsibility of the property owners who are
served by this private street.
1 6. Direct vehicular access to and from lots having frontage along 94th
Avenue South is prohibited, and the face of the final plat will carry
the following restriction:
DIRECT VEHICULAR ACCESS TO AND FROM LOTS 1 AND 21 HAVING
FRONTAGE ALONG 94T" AVENUE SOUTH IS PROHIBITED. ACCESS FOR
' THESE LOTS IS RESTRICTED TO THE INTERNAL RESIDENTIAL STREET
SERVING THIS SUBDIVISION.
7. The Owner / Subdivider shall deed all public rights-of-way, and
otherwise convey all private and public easements necessary for
the construction and maintenance of the required improvements
1 for this subdivision development.
8. The Owner / Subdivider shall submit and receive approval of a
Detailed Tree Plan, meeting the requirements of the Kent Zoning
Code, and City of Kent Development Assistance Brochure #3,
Page 29 of 30
Staff Report
Westview Malik Rezone and Subdivision
#RZ-2006-7 KIVA #RPP4-2061963
#SU-2004-1 KIVA #RPP3-2051201
Detailed Tree Plans, prior to the issuance of any Construction ,
Permits for the subdivision. Grading Plans cannot be approved by
the Department of Public Works without an approved Detailed
Tree Plan. Detailed Tree Plans are not to be confused with
required Street Tree Plans, which have an entirely different
purpose.
9. Prior to release of any construction bonds, and prior to the j
approval of any Building Permits within the subject subdivision,
the Department of Public Works must receive and approve As-
Built Drawings meeting the requirements of the City of Kent
Construction Standards, and City of Kent Development Assistance
Brochure #E-1, As-Budd Drawings, for: Streets; Street Lighting
System; Water; Sewer; Stormwater Drainage Facilities; and all off-
site improvements where the locations and/or elevations are
deemed critical by the Department of Public Works.
10. The applicant shall submit to the City of Kent for review and
approval and obtain appropriate permits to relocate or demolish
the existing structures on the site.
11. Break-away mailbox clusters shall be installed at locations and per
standards approved by the US Postmaster and the City of Kent
Public Works Department.
B. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT FOR ANY LOT IN
THIS SUBDIVISION, THE APPLICANT/OWNER SHALL:
1. Record the Plat
2. Construct all of the improvements required in Section A, above,
and the MDNS issued June 20, 2006, and/or pay the respective ,
fees-in-lieu-of construction including any mitigation (EMA or EMF)
charges.
3. Receive approval of the required As-Built Drawings for Street,
Street Lighting, Water, Sewer, and Storm water Management
Facilities as deemed appropriate by the Kent Department of Public
Works.
KENT PLANNING SERVICES
July 12, 2006
CH,ch•S•\Permit\Plan\LONGPLATS\2005\2051201-2004-istaffreport doc
Page 30 of 30
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1 APPLICATION NAME: WEST VIEW MALIK
REQUEST: #RZ-2006-7 AND#SU-2004-1
VICINITY AND SITE MAP
' KENT
W.5 HI NGT0N
CITY OF KENT
MITIGATED DETERMINATION OF NONSIGNIFICANCE
Environmental Checklist No. #ENV-2005-24 Project WESTVIEW MALIK
#RPSA-2051199 SUBDIVISION &REZONE
' Description The applicant proposes to rezone a 3 73-acre site from SR-4.5 to SR-8 Single Family
Residential. The proposed rezone is consistent with the Comprehensive Plan
` designation of the property as SF-8, Single Family 8 units per acre. If this request
for rezone is approved, the applicant also proposes to subdivide the property into
approximately 21 new single family residential lots and one stormwater tract. There
is an existing residence on the site which is proposed to be retained on Lot #20 of
the proposed subdivision. Access is proposed via 94`h Avenue SE.
Location The property is located west of 94d' Ave South between SE 242nd & SE 244th Street.
The site is identified as King County Tax Parcels #1922059267, #1922059165,
#1922059375.
I Applicant Aleanna Kondelis
Cramer Northwest Inc
945 N Central Ave #104
Kent WA 98032
fLead Agency CITY OF KENT
1 The lead agency for this proposal has determined that it does not have a probable significant adverse
impact on the environment An environmental impact statement (EIS) is not required under RCW
43 21C.030(2)(c). This decision was made after review of a completed environmental checklist and other
information on file with the lead agency. This information is available to the public on request.
There is no comment period for this DNS.
X This MDNS is issued under 197-11-340(2). The lead agency will not act on this proposal
for 28 days from the date of this decision, this includes a 14-day comment period
followed by a 14-day appeal period as provided by WAC 197 11680. Comments must be
Isubmitted by July 5, 2006.
Responsible Official Kim Marousek, AICP
Position/Title SEPA OFFICIAL
Address 220 S. Fourth Avenue, Kent, WA 98032 Telephone: (253) 856-5454
IDated June 20, 2006 Signature
APPEAL PROCESS: AN APPEAL OF A DETERMINATION OF NONSIGNIFICANCE (DNS) MUST BE
MADE TO THE KENT HEARING EXAMINER WITHIN FOURTEEN (14) FOLLOWING THE END OF THE
COMMENT PERIOD PER KENT CITY CODE 11.03.520.
1
Mitigated DNS '
Westview Malik Subdivision
#ENV-2005-24 #2051199
CONDITIONS/MITIGATING MEASURES:
1. The Owner / Subdivider shall provide a Traffic Impact Study (TIS) to identify the existing and
future level-of-service (LOS) for the adjacent intersections identified in the Staff Report for this
development and the existing and future V / C ratios for the adjacent City streets in the roadway
network. The TIS shall specifically identify all intersections and streets currently at or below City
standards, or estimated to be at or below City standards due to the increased traffic volumes
reasonably expected from the development; and all adjacent streets at or above the V / C ratios '
established for that Mobility Management Zone.
The TIS shall then identify what improvements are necessary to provide a LOS better than or
equal to City standards for all intersections to completely mitigate the existing and/or
development impacts thereon. The TIS shall also identify what improvements are necessary to
completely mitigate the adjacent streets which do not meet the V / C requirements of Chapter
12.11 of the Kent City Code Upon agreement by the City with the findings of the TIS and of the
mitigation measures recommended in the approved TIS; implementation and/or construction of
said mitigation measures shall be the conditional requirement of the issuance of the respective
development permits.
OR
In lieu of submitting the TIS and then constructing the traffic mitigation measures identified in
the approved TIS, the Owner / Subdivider may instead pay an Environmental Mitigation Fee to
pay a fair share of the construction costs of the City's South 272nd Street / South 277th Street
Corridor Project. The minimum benefit to the Owner / Subdivider is estimated at $26,700 (1986
dollars as adjusted for rezones, but to be adjusted for inflation based upon the Consumer Price
Index, United States City Average for all Urban Consumers, or the substituted index as prepared
by the United States Department of Labor) based upon 17 new PM Peak Hour Trips (at the half- '
rate of $1068 per Peak Hour Trip) and upon 4 new PM Peak Hour Trips (at the full-rate of$2136
per new PM Peak Hour Trips), and the capacity of the South 272"d Street / South 277 h Street
Corridor.
a. The final benefit value will be determined based upon first 17 lots approved upon the
final plat multiplied times $1068 (in 1986 dollars and adjusted for inflation as described
above), plus the next 4 lots approved upon the final plat multiplied time $2136 (in 1986 '
dollars and adjusted for inflation as described above). The adjusted benefit value for
each lot is $1,271.43 in 1986 dollars.
b. The Applicant / Owner shall pay the incremental financial obligation specified herein in ,
full prior for each lot prior to issuance of a Construction Permit for that lot.
C. The payment of said Environmental Mitigation Fee, and the other traffic related
conditions given below, will serve to mitigate traffic impacts of the proposed
development to the above mentioned intersections and road system.
2. The Owner/Subdivider shall submit and receive approval of Pedestrian Walkway Improvement ,
Plans from the Department of Public Works. The Owner/ Subdivider shall then construct those
improvements These plans shall provide for a 6-foot wide horizontally separated asphalt ,
walkway conforming to Standard Detail 6-60 from the end of the 5 foot wide sidewalks
constructed along 94th Avenue South to the sidewalks on South 242nd Street serving East Hill
Elementary School. At the sole discretion of the Department of Public Works, the
Owner/Subdivider may instead pay a regional sidewalk improvement fee in the amount of $1500
per gross acre to the School Walkways Fund (fund #R20036.)
2 of 2
1 Mitigated DNS
Westview Malik Subdivision
#ENV-2005-24 #2051199
r
CERTIFICATE OF POSTING
1 I, Charlene Anderson, Responsible Official under the Washington Administrative Code (WAC) Chapter 197-11-788
and 910, and Kent City Code Chapter 1103 410 do hereby declare that the Determination of Nonsignificance, as
described in this public notice, was duly posted on by a member of Kent
Planning Services, on or near the site described therein
r S:\Permit\Plan\Env\2005\2051199mdnsrevised doc Kim Marousek, AICP, Responsible Official
1
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i
Kent City Council Meeting
Date September 5, 2006
Category Other Business
1. SUBJECT: KENT EVENTS CENTER UPDATE
' 2. SUMMARY STATEMENT: Staff continues to work with consultants, project
teams, and the Citizen's Oversight Committee to review the financial feasibility of the
Kent Event Center. In addition, staff has begun preparation of the Environmental
Impact Statement necessary for the project We have also hired a Project Management
Team to oversee the project and help the City keep it on time and within budget.
Staff, Brailsford and Dunlavey Consulting, and the Citizen's Oversight Committee will
present progress reports on the project.
i
3. EXHIBITS: None
4. RECOMMENDED BY: Parks & Human Services Committee
(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
i
DISCUSSION:
ACTION:
Council Agenda
Item No 7B
Kent City Council Meeting
Date September 5, 2006
Category Other Business
1. SUBJECT: LID 361, S. 272/277TH CORRIDOR IMPROVEMENTS,
RESOLUTION SETTING HEARING DATE — ADOPT
2. SUMMARY STATEMENT: After formation of Local Improvement District
No. 351 and confirmation of its Final Assessment Roll, the City learned some
properties were inadvertently omitted from LID 351. State law allows Council to
Iassess omitted properties based on the special benefits each property received as a
result of the public improvements.
' The process for creating a supplemental assessment roll is to hold a combined hearing
on the formation and the proposed assessment roll The Public Works Committee will
1 sit as a Board of Equalization to conduct the formation and assessment roll hearing. At
the hearing, those who wish to object to the supplemental assessment roll or the amount
of the assessment can appear and present their objections. The proposed resolution sets
the hearing for October 2, 2006, at 6:00 p.m.
3. EXHIBITS: Memo from Tim LaPorte, Design Engineering Manager, dated 8/16/06
and resolution
1 4. RECOMMENDED BY: Public Works Committee and Staff(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
to adopt Resolution No. / /J J setting October 2, 2006, as the hearing date on the
proposed formation and proposed assessment roll for Local Improvement District 361.
DISCUSSION:
ACTION:
Council Agenda
Item No. 7C
1
' 400 PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
KEN T Phone: 253-856-5500
WAS"IaGTON Fax: 253-856-6500
1 Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: August 16, 2006
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: August 21, 2006
From: Tim LaPorte, Design Engineering Manager
Merrill Vesper, Senior Design Engineer
Through: Larry Blanchard, Public Works Director
Subject: Resolution for L.I.D. 361-S. 2771h Street Corridor (Auburn Way to Kent-
Kangley Road) Supplemental Assessment Roll for Omitted Properties for
L.I.D. 351
ITEM 3
Motion: ■ Required ❑ Not Required ❑ For Information Only
Recommend adoption of the Resolution of Intent setting a public hearing date for
the inclusion of 123 properties for L.I.D. 351 (361) as shown on the attached map.
Will document be required?
■ Ordinance ■ Resolution ❑ Agreement ❑ Contract
❑ Policy ❑ SOP's ❑ Other
Governing Policies Procedures Rules & Regulations:
RCWs
This is a supplemental assessment roll for L.I.D. 351 to add omitted properties. Because of
the City's accounting system, a new L.I.D. number (L.I.D. 361) needs to be assigned.
' BACKGROUND/HISTORY:
Various properties that had recently developed or were in the process of developing at the
time L.I.D. 351 was formed (1999) executed Environmental Mitigating Agreements (EMA) to
participate in the funding of the new corridor project, but were not included in the L.I.D. On
August 17, 2004 the Public Works Department sought and received council concurrence
regarding the inclusion of these omitted properties within L.I.D. 351 as allowed under State
' law. We are now ready to proceed with the process for a supplemental assessment roll.
The process is similar to an L.I.D. formation. The first step is the passage of the Resolution
of Intent followed by a public hearing on the addition of the omitted properties in a
supplement assessment roll and the passage of a formation ordinance. If approved, a
subsequent hearing will be held to confirm the final assessments.
The S. 272nd/2771h Corridor was actively planned since the mid-80's with construction of the
portion from Kent Kangley to Auburn Way North completed in 2000. During this time, a
number of new developments occurred in the area. Under SEPA (State Environmental
Page 1 of 3
p Wubhc�admmwOPortkp�mWeeacGonpage821D6LID361 doc
Policy Act) the City required that these new developments mitigate their traffic impact on
the City's transportation system. The City implemented these requirements because the
property's development impacted the City's transportation system which was over ,
congested. Usually the developer had to construct certain local traffic improvements such
as street widening or added signalization. However, they were offered the option of either
doing a traffic study and then constructing the improvements identified therein or pay a pro
rata share of the S. 272nd/277th Corridor via executing an EMA. Some property owners
chose to commit to participate in the S. 272nd/2771h Street Corridor project. The
commitment was in the form of an Environmental Mitigation Agreement, which was
recorded as an encumbrance on the property and filed of record in King County. The City ,
accepted the EMA as satisfactory alternative mitigation, because the South 272nd/277th
Street corridor would help relieve local traffic congestion in the area.
Under the EMA the property would be included and assessed via an L.I.D. formed for the
implementation of the Corridor project. The EMA contractually obligates the property
owners to not protest the formation of the S. 272"d/277`h Street Corridor Local ,
Improvement District. If no LID was formed within 10 years from the date of execution of
the EMA their financial obligation therein would become due in full. An LID allows properties
benefited by those improvements to pay their obligation over time. These properties are
benefited because these properties were allowed to develop without constructing local traffic
improvements.
State Law allows these properties to be included on a supplemental final assessment roll. ,
During this process only the omitted properties will be notified and heard at the hearings.
Previously the City Council agreed that these properties should be included.
In October 2004 the City sent letters to the property owners explaining the EMA's and how ,
they affected the properties. On November 4, 2004, the City held an informal property
owner meeting at City Hall so that City staff could respond to property owner questions. ,
Only seven property owners attended the meeting. There was no noted objection to the
L.I.D. proposal.
Under the EMA, the City must give the property owners notice at least 180 days prior to the
public hearing on the supplemental L.I.D. roll so that, at the property owner's option, they
could conduct their own traffic study to confirm or deny the actual number of trips
generated from the development which is the basis for their obligation and the assessment. ,
The notice was given March 9, 2006. For single family residences, an alternative to the
traffic study by a licensed engineer was available. Retired persons or people that do not
commute during the PM peak hour can submit a notarized affidavit with a statement from
their employer specifying their work hours. For this supplemental L.I.D., six property
owners have submitted affidavits that were approved and their trip counts have been
adjusted.. We are now ready to proceed with the hearing and ordinance to include the
omitted properties.
DESCRIPTION OF STREET IMPROVEMENTS:
The L.I.D. project was the construction of a new five lane arterial which extends from '
Auburn Way North (East Valley Highway) eastward up the hill to Kent Kangley Road at 116th
Avenue. The project included a new bridge crossing over the Green River and a 108th
Avenue S.E. bridge overpass. The five lanes of the project include three climbing lanes on
the hillside portion and two descending lanes. Once the arterial reaches the plateau, the
roadway shifts to two lanes in each direction plus a two way left turn lane in the center.
The project included street lights along the majority of the project as well as sidewalks on
both sides of the arterial, and a bike path from 108th Avenue to the Green River Road area. '
The bike path follows a separate route up the hill and has a separate bridge. The project
Page 2 of 3
p:kpu6hcWdmrnsuppoltWwcomm,tteeachonpage62106L10361 doc
' also provides a connection to 108`h Avenue SE via two off/on ramps at the 108`h Avenue
bridge overpass. The work included a new storm drainage system and landscaping.
The new roadway relieves congestion on the Smith Street/Canyon Drive (SR516) and
Meeker Street corridors.
FUNDING:
The project funding is as follows:
' City and grant funds $23,560,785.23 approximately
Original L.I.D. 351 assessments $ 7,115,066.09
Proposed supplemental roll LID 351 (361) $ 324,148.68
TOTAL $31,000,000.00
METHOD OF ASSESSMENT:
The assessment is the EMA obligation amount. The obligations were calculated based on
$1,612.68 per PM peak hour trip (4-6 PM) The EMAs specified the number of trips for the
development and the cost in 1986 dollars. This figure was inflated using the CPI to the date
of the original L.I.D. in accordance with the EMA. The supplemental roll will use the same
assessment with no further inflation. Single family residence are assessed one peak hour
trip unless they have an approved work hour affidavit in which case they are assessed
$0.00.
1 PAYMENT OF ASSESSMENTS:
Upon Council passing the Ordinance confirming the Final Assessment Roll, there is a 30-day
period in which any portion or all of the assessment can be paid without interest charges.
After the 30-day period, the balance is paid over a fifteen-year period wherein each year's
payment is one-fifteenth of the principal plus interest on the unpaid balance. The market
' determines the interest rate at the time the L.I.D. bonds are sold to the public.
SUPPORT FOR THE SUPPLEMENTAL ASSESSMENT ROLL FOR LID 351 (361):
To defeat an L.I.D. proposal by protest, there must be protest from property owners
representing 60% or more of the proposed L.I D. assessments. As indicated previously, all
of these properties owner have signed EMAs agreeing not to protest the L.I.D. formation.
' Therefore it will be a City Council decision whether or not to proceed with the supplemental
roll and approve the ordinance adding the omitted properties.
' SUMMARY:
City council has given concurrence for the inclusion of omitted properties within L.I.D. 351.
Traffic studies have been completed and we are ready to proceed with the Resolution and
' public hearing for the inclusion of the omitted properties.
RECOMMENDATIONS:
Recommend adoption of the Resolution of Intent setting a public hearing date for the L.I.D.
351 (361) properties as shown on the attached map.
Page 3 of 3
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RESOLUTION NO.
A RESOLUTION of the city council of the city of
Kent, Washington relating to Local Improvement District
(LID) No. 351; declaring its intention to create a
supplemental assessment roll for omitted properties to
assess a part of the cost and expense of carrying out
LID No. 351 improvements against the properties
specially benefited thereby, and notifying all persons
who desire to object to the improvements or
assessments to appear and present their objections at a
hearing to be held before the public works committee,
' which will sit as a board of equalization, on October 2,
2006, at 6:00 p.m.; and identifying the supplemental
roll as LID No. 361.
RECITALS
A. For over 20 years, the city of Kent, King County, and other regional
and state agencies have determined the need for cross valley arterial
improvements to serve the business and citizens of the community.
' B. By Resolution No. 1558, adopted on November 15, 1999, the city
council declared its intention to order the construction of a new five lane arterial
' roadway extending from Auburn Way North (East Valley Highway) eastward uphill
to Kent Kangley Road at 116th Avenue. The city council conducted a public hearing
on December 13, 1999. By its adoption of Ordinance No. 3496, the city created
Local Improvement District ("LID No. 351") to carry out the South 277th Street
corridor improvements. On April 20, 2000, having given notice in accordance with
applicable law, the city council's board of equalization, which consisted of the
members of the public works committee of the council, met for the purpose of
hearing any protest to the final assessment roll for LID No. 351. The board heard
testimony and forwarded its recommendation to council. On June 6, 2000, the city
1 Resolution of Intent — LID 361
council confirmed the final assessment roll for LID No. 351 by its adoption of '
Ordinance No. 3513.
C. RCW 35.44.360 provides that "if by reason of mistake, inadvertence, ,
or for any cause," property in a local improvement district which except for its
omission would have been subject to assessment has been omitted from the
assessment roll, the city council may proceed to assess the property so omitted in ,
accordance with the benefits accruing to it by reason of the improvement.
Assessments are to be in proportion to the assessments levied upon other '
property in the local improvement district.
D. It has come to the attention of the city that certain properties
specially benefited by the South 277th Street corridor improvements were
inadvertently omitted from LID No. 351 and its original assessment roll. It is the '
purpose of this resolution to. (1) set forth that the property described herein was
omitted from the assessment; (2) provide for notice to all persons who may desire
to object to being included on the roll and to being assessed for the 277th corridor
improvements, to appear at a public hearing as specified herein and present
objections thereto; and (3) set a hearing date on the supplemental assessment roll
for LID No. 351 as to omitted properties.
E. For purposes of this supplemental roll, the city designates the
supplemental roll to LID No. 351 as "LID No. 361." This numbering system is for ,
ease of administration and for maintenance of records only, and shall not affect
the validity, enforceability, or use of LID No. 351 assessments or the supplemental '
roll that may be levied and confirmed by ordinance following the hearing process
set forth in this resolution. ,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: ,
SECTION 1. - Recitals Incorporated as Findinci The foregoing recitals,
which are incorporated by this reference, constitute the council's findings on this
matter. '
2 Resolution of Intent - LID 361 '
SECTION 2. — LID Designation for Reference Purposes Only. For purposes
' of this supplemental roll, the city designates the supplemental roll to LID No. 351
as "LID No. 361." This numbering system is for ease of administration and for
maintenance of records only, and shall not affect the validity or enforceability of
LID No. 351 assessments or the supplemental roll that may be created following
the hearing process set forth in this resolution.
SECTION 3. - Omitted Properties. The properties identified in Exhibit A,
attached hereto and by this reference made a part hereof, are found to be
properties benefited by the South 277`h Street corridor improvements that were
omitted by inadvertence from the assessment roll of LID No. 351 ("Omitted
' Properties"). It is the intention of the city council of the city of Kent, Washington,
to order the assessment of Omitted Properties for the South 277`" Corridor
' improvements described in Exhibit B, attached hereto and by this reference made
a part hereof. All of the foregoing improvements were constructed in accordance
with the plans and specifications therefor prepared by the city.
SECTION 4. — LID 351 Costs. The total estimated cost and expense of the
improvements is declared to be $31,000,000 and approximately $23,560,785 of
that cost and expense shall be paid by the city and the balance thereof shall be
borne by and assessed against the property specially benefited by the
improvements to be included in Local Improvement District No. 351, and
' supplemented for assessments against Omitted Properties as may be determined.
Actual assessments may vary from estimated assessments as long as they do not
' exceed a figure equal to the increased true and fair value the improvements add to
the Omitted Property.
SECTIONS. — Notice. The city clerk is authorized and directed to give
notice of the adoption of this resolution and of the date, time, and place fixed for
the public hearing to each owner or reputed owner of any lot, tract, parcel of land,
or other Omitted Property by mailing such notice at least fifteen (15) days before
' the date fixed for public hearing to the owner or reputed owner of the property as
shown on the rolls of the King County Assessor at the address shown thereon, as
required by law.
' This resolution also shall be published in its entirety in at least two (2)
consecutive issues of the official newspaper of the city, the date of the first
3 Resolution of Intent — LID 361
publication to be at least fifteen (15) days prior to the date fixed for the public
hearing, and shall be published a third time in the same newspaper one (1) week
after the date of either the first or second publication. ,
SECTION 6. - Public Hearing. All persons who may desire to object to the '
supplemental assessment roll and/or the amount of assessment against their
property are notified to appear and present those objections at a hearing to be '
held in Council Chambers in City Hall in Kent, Washington, at 6:00 p.m. on
October 2, 2006, which time and place are fixed for hearing all matters relating to
the assessments and all objections thereto. All persons who may desire to object '
thereto should appear and present their objections at that hearing. Any person
who may desire to file a written protest with the city council may do so within ,
thirty (30) days after the date of passage of the ordinance ordering the
supplemental assessment roll in the event the supplemental roll is approved. The
written protest should be signed by the property owner and should include the
legal description of the property for which the protest is filed and that protest '
should be delivered to the city clerk.
SECTION 7. - Obiection To Assessment. Any person desiring to object to
any assessment appearing on the supplemental final assessment roll for
LID No. 351 (denominated as city of Kent LID No 361) is notified to make all '
objections in writing and to file them with the city clerk on or before the time and
date fixed for the hearing on the supplemental assessment roll or at the
commencement of the hearing itself. All objections must state clearly the grounds
of the objections and should contain lot, block, and addition, section, text number, '
or other identifying description of the property. All objections not made timely in
writing and in the manner required by law shall be conclusively presumed to have
been waived. '
SECTION S. - Council Consideration. At the time and placed fixed, and ,
such other times to which the hearing may be adjourned, certain council members
(who are members of the public works committee of the city council) will sit as a ,
board of equalization for the purpose of considering objections duly filed, together
with all information and evidence in support of those objections, and for the
purpose of considering such supplemental assessment roll for Omitted Properties. ,
At the hearing, or adjournment thereof, the committee may correct, revise, raise,
4 Resolution of Zntent — LID 361 '
tlower, change, or modify the roll or any part thereof, or set aside the roll and
order a new assessment. Following the hearing, the committee will forward its
decision to the city council. The city council will establish the supplemental roll
and confirm assessments against Omitted Properties by ordinance. When property
has been entered upon the supplemental roll, and the assessment thereon is not
raised, no objection shall be considered by the city council or by any court on
appeal unless the objection is made in writing at or prior to the time and date fixed
for the hearing on the supplemental roll.
SECTION 9. - Supplemental Roll On Omitted Properties. The Public Works
Department is directed to submit to the city council on or prior to September 5,
2006, all data and information required by law to be submitted.
SECTION 10. - Ratification. Any act consistent with the authority and
prior to the effective date of this resolution is hereby ratified and affirmed.
' SECTION 11. - Severability. If any one or more sections, subsections, or
sentences of this resolution are held to be unconstitutional or invalid, such decision
' shall not affect the validity of the remaining portion of this resolution and the same
shall remain in full force and effect.
' SECTION 12. - Effective Date. This resolution shall take effect and be in
force immediately upon its passage.
' PASSED at a regular open public meeting by the city council of the city of
Kent, Washington, this day of September, 2006.
CONCURRED in by the mayor of the city of Kent this day of
September, 2006.
' SUZETTE COOKE, MAYOR
ATTEST:
' BRENDA JACOBER, CITY CLERK
5 Resolution of Intent - LID 361
APPROVED AS TO FORM: '
FOSTER PEPPER PLLC '
Bond Counsel and Special Counsel
1
1
6 Resolution of Intent— LID 361 '
i
1 CERTIFICATION
I, the undersigned, city clerk of the city of Kent, Washington (the "city"),
hereby certify as follows.
1. The attached copy of Resolution No. (the "Resolution") is a full,
true and correct copy of a resolution duly adopted at a regular meeting of the city
council of the city held at the regular meeting place thereof on
, 2006, as that resolution appears on the minute book of the
1 city; and the resolution will be in full force and effect immediately following its
adoption; and
2. A quorum of the members of the city council was present
throughout the meeting and a majority of those members present voted in the
proper manner for the adoption of the resolution.
1 IN WITNESS WHEREOF, I have hereunto set my hand this day of
September, 2006.
1 CITY OF KENT, WASHINGTON
' BRENDA )ACOBER, CITY CLERK
1
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7 Resolution of Intent — LID 361
1
Exhibit A
1 L.I.D. Boundary Description
L.I.D. 361 — S. 272"d1277th Street Corridor
Auburn Way to Kent Kangley Road
Supplemental Assessment for Omitted Properties for L.I.D. 351
' Lots 1 through 34, inclusive, Canyon Crossing, according to the plat thereof
recorded in Volume 186 of Plats, pages 70 through 80, inclusive, records of King
County, Washington;
AND ALSO:
Lots 1 through 7, and Lots 9 through 16, inclusive, Swan Court, according to the
plat thereof recorded in Volume 186 of Plats, pages 20 through 22, inclusive,
records of King County, Washington,
AND ALSO:
Lots 1 through 5 and Lots 7 through 12, inclusive, Swan Court 2, according to the
plat thereof recorded in Volume 192 of Plats, pages 93 through 95, inclusive,
records of King County, Washington,
L AND ALSO:
Lots 1 through 13, inclusive, Pacific Heights, according to the plat thereof
recorded in Volume 187 of Plats, pages 43 and 44, records of King County,
Washington,
AND ALSO:
Lot 1 and Lots 3 through 9, inclusive, Seven Oaks Addition Short Plat, City of
Kent Short Plat No SP-96-4, King County Recording No 9710069010, being a
portion of the SE'/ of the NW'/4 of Section 28, Township 22 North, Range 5 East,
W M , in King County, Washington;
AND ALSO:
Lots 1 through 9, and Lots 11 through 18, inclusive, Cherry Wood Lane,
according to the Plat recorded in Volume 184 of Plats, pages 3 through 5,
inclusive, records of King County, Washington;
AND ALSO:
Lot 1 and Lots 3 through 20, inclusive, and Lots 22, 24 and 25, Pacific Terrace
Plat, according to the plat recorded in Volume 181 of Plats, pages 17 through 19,
inclusive, records of King County, Washington;
AND ALSO:
Lot 1 of Lobruch, Inc. Short Plat, City of Kent Short Plat No. SP-96-22, King
County Recording No 9610301383, being a portion of Lot 8, R O. Smith's
Orchard Tracts Addition to Kent, according to the plat recorded in Volume 12 of
1 Plats, page 27, records of King County, Washington;
AND ALSO:
Lot 1 , Block 1, Car Line Addition to Kent, according to the plat thereof recorded in
Volume 10 of Plats, page 83, in King County, Washington, AND ALSO that
portion of the southeast quarter of the northwest quarter of Section 24, Township
i
22 North, Range 4 East, W.M , in Town of Kent, King County, Washington,
described as follows
Beginning at a point on the west line of the Plat of Yesler's First Addition To The '
Town of Kent, according to the plat thereof recorded in Volume 5 of Plats, page
64, in King County, Washington, 180 feet South of the intersection of said west
line with the south line of Meeker Street,
thence south 66 feet to the TRUE POINT OF BEGINNING;
thence continuing south 66 feet;
thence west 82.5 feet, ,
thence north 66 feet,
thence east 82 5 feet to the TRUE POINT OF BEGINNING,
EXCEPT portion conveyed to City of Kent for street purposes by Deed recorded
under King County Recording Number 7208160052
TOGETHER WITH that portion of vacated Titus Street which inured thereto by
Operation of Law.
AND ALSO:
That portion of the S W Russell Donation Land Claim in the Northeast Quarter of
Section 25, Township 22 North, Range 4 East, W M., in King County,
Washington, described as follows:
Commencing at the case monument at the point of intersection of the centerline
of Southeast 259th Street with the east line of said Northeast Quarter of Section
25, thence North 00035'50" East along said east line a distance of 12.375 feet to
the Northerly margin of said Southeast 259th Street and the TRUE POINT OF
BEGINNING;
thence North 89142'10" West along said margin, a distance of 339.81 feet;
thence North 00032'55" West a distance of 190.97 feet;
thence North 89027'05" East a distance of 343 69 feet to said east line of the
Northeast Quarter;
thence South 00035'50" West along said east line, a distance of 196.02 feet to
the TRUE POINT OF BEGINNING.
Except and portion thereof lying in Southeast 259th Street.
(Also known as Parcel B of Lot Line Adjustment #LL-2000-6/Kiva #2000928
Recorded under Recording No. 20000503000879)
i
EXHIBIT B
Description of Improvements
L.I.D. 361
S 272nd/2771h Street Corridor
Auburn Way to Kent-Kangley Road
Supplemental Assessment for Omitted Properties for L.I.D. 351
The project consists of a new five lane arterial which extends from Auburn Way North
(East Valley Highway) eastward up the hill to Kent Kangley Road at 116th Avenue The
project consists of a new bridge crossing over the Green River and a 108`h Avenue S.E.
bridge overpass. The five lanes of the project include three climbing lanes on the hillside
1 portion and two descending lanes Once the arterial reaches the plateau, the roadway
shifts to two lanes in each direction plus a two way left turn lane in the center The
project includes street lights along the majority of the project as well as sidewalks on
both sides of the arterial, and a bike path from 108"h Avenue to the Green River Road
area The bike path follows a separate route up the hill and has a separate bridge The
project also provides a connection to 108`h Avenue SE via two off/on ramps at the 108`h
Avenue bridge overpass. The work includes a new storm drainage system and
landscaping.
i
L I D 361 exhibaBdocument doc
REPORTS FROM STANDING COMMITTEES AND STAFF
A. COUNCIL PRESIDENT
B. MAYOR
1 C. OPERATIONS COMMITTEE
D. PARKS AND HUMAN SERVICES COMMITTEE
IE. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE
F. PUBLIC SAFETY COMMITTEE
G. PUBLIC WORKS
H. ADMINISTRATION
REPORTS FROM SPECIAL COMMITTEES
1
KENT
WASHINOTON
OPERATIONS COMMITTEE MINUTES
AUGUST 1, 2006
Committee Members Present: Tim Clark, Chair, Deborah Ranniger and Debbie Raplee
The meeting was called to order by Tim Clark, Chair at 4.02 p.m.
1. APPROVAL OF MINUTES DATED JULY 18, 2006
jDeborah Ranniger moved to approve the minutes of the July 18, 2006, Operation
Committee meeting. Debbie Raplee seconded the motion, which passed 3-0.
2. APPROVAL OF VOUCHERS DATED JULY 31 2006
Finance Director Bob Nachlinger presented the vouchers for July 31, 2006, for approval.
Debbie Raplee moved to approve the vouchers dated July 31, 2006. Deborah
Ranniger seconded the motion, which passed 3-0.
3. LOCAL TRIAL COURT IMPROVEMENT ACCOUNT -
MUNICIPAL JUDGE SALARY ADJUSTMENT
City Attorney Tom Brubaker presented the Local Trial Court Improvement Account - Municipal
Judge Salary Adjustment. Mr. Brubaker advised this salary adjustment would allow the City to
become eligible for additional municipal court funding once the city increases its municipal judge
salaries to no less than 95% of the salary for District Court Judges, as established by the State
Salary Commission. Enacting this salary increase, which is in line with 2007 projected COLA for
city employees, should generate additional funds for municipal court purposes greatly in excess
of the proposed salary increase, approximately $4,700 for the remainder of 2006 and about
$34,000 in 2007. Mr. Brubaker referenced the memorandum that was attached to the agenda
packet.
Deborah Ranniger moved to that council fix the elected municipal judge salaries at
I $9,950 per month beginning September 1, 2006, and direct staff to participate in the
Local Trial Court Improvement Account program offered through the State of
Washington. Debbie Raplee seconded the motion, which passed 3-0.
4. HOURLY RATE INCREASE FOR PRO TEM JUDGES AND MAGISTRATES ORDINANCE
1 City Attorney Tom Brubaker presented the Hourly Rate Increase for Pro Tern Judges and
Magistrates Ordinance. Mr. Brubaker advised that Section 2.34.050 of the Kent City Code
currently establishes the hourly rate for pro tem judges assisting the Kent Municipal Court at $50
per hour, $30 per hour for pro tem magistrates. These hourly rates are inconsistent with the
>� market average in jurisdictions surrounding Kent In order to bring the pro tem hourly rate in
line with the market average, city staff desires to increase the hourly rate to $60 per hour for pro
Operations Committee Minutes
August 1, 2006
Page: 2
tem judges and $40 per hour for pro tem magistrates, which requires an amendment to the Kent ,
City Code. Mr. Brubaker further advised that any budget impact is within the existing budget.
Court Administrator Margaret Yetter provided the Committee a handout pertaining to the 2005
ProTem hours and addressed the Committee's questions. She also advised that pro tem
magistrates only hear/address mitigation hearing.
Debbie Raplee moved to recommend council adopt the proposed ordinance increasing
the hourly rate for pro tern judges to $60 per hour and for pro tem magistrates to $40
per hour. Deborah Ranniger seconded the motion, which passed 3-0.
,,The- eting was adjourned at 4:31 p.m.
Renee Cameron
Operations Committee Secretary
2
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES
i JULY 17, 2006
Committee Members: Chair Ron Harmon, Tim Clark, Elizabeth Watson
The meeting was called to order by Chair Harmon at 4:00 p.m.
Approval of Minutes
Member Watson Moved and Member Clark Seconded a Motion to approve the minutes of
June 19, 2006. Motion Passed 3-0.
ZCA-2005-3 Commercial Motor Vehicles in Residential Zoning Districts
Planning Manager Charlene Anderson stated that this amendment was initiated as a result of
complaints received from people who did not want commercial vehicles parking in residential
zoning districts; citing noise, visual blight, safety and running commercial operations in
residential areas.
jMs. Anderson stated that the Planning & Economic Development Committee (PEDC) made a
recommendation to the Full Council at their February 27, 2006 meeting to allow commercial
motor vehicles by a Special Home Occupation Permit process. She stated that the application
process would include public notification prior to an open public hearing before the Kent
Hearing Examiner, whereby conditions could be applied. She stated that a Special Home
Occupation also requires a business license and annual renewal.
She stated that the Land Use and Planning Board (LUPB) previously held a hearing and
recommended not allowing commercial motor vehicles in residential districts. Ms. Anderson
reiterated the options presented by staff at previous PEDC and LUPB meetings.
Ms. Anderson explained that staff made an effort to locate facilities where these vehicles might
be allowed other then in single family districts. She stated that warehousing companies were
concerned with liability issues and a Chamber of Commerce representative suggested providing
a truck storage area in the city would be a great entrepreneurial activity for someone to
undertake and also mentioned RV Parks as an option which would require a new code
amendment.
Ms. Anderson submitted Exhibits Numbered 1-17 for the record. Member Clark Moved and
Member Watson Seconded a Motion to accept these Exhibits for the record. Motion Passed 3-0.
Ms. Anderson defined residential zoning districts, clarifying that any restrictions the city might
employ for parking these commercial motor vehicles applies to all residential zoning districts.
She showed pictures of various locations where commercial motor vehicles are parked in
residential neighborhoods to reflect how the character of these neighborhoods change when
these vehicles are stored there.
City of Kent Code Enforcement Officer Brian Swanberg stated that the majority of
complaints he received focused on: the odd hours that truckers will enter and leave the
neighborhoods, noise disturbance from idling diesel vehicles, vehicle length, blocking of
driveways, sight obscuring, tearing up and littering roadways with debris while traveling to and
from unpaved areas, diminished home values, increased traffic on residential streets, and no
mail delivery due to blocked mail boxes.
Swanberg stated that many empty commercial parking lots, back lots and fenced in lots are
located throughout Kent, specifically in the industrial areas. He stated that these areas could
provide a substantial amount of parking space.
Sheila Dhillion, 13016 SE 2341h St., Kent, WA stated that she supports the rights of the
independent truck driver to park within residential districts. She stated that she would consider
supporting a Special Home Occupation Permit, suggesting that the city consider applying
stipulations to these permits that would make them acceptable to both the independent trucker
and the City of Kent. Ms. Dhdlon stated that she is a truck driver, offering to meet with the city
along with a couple of trucking groups to work out a fair and equitable solution. '
In response to the questions from the Committee Ms. Dhillion stated that truck drivers would
for the most part benefit by being allowed to bring home their semis without the trailers and
that would be less obtrusive.
Ms. Dhillion suggested that truckers park in their driveways so as not to obstruct sidewalks or
streets, and should be conscientious of their neighbors with respect to running their trucks
within the noise limitations set by the city from 7 am to 10 pm. She stated that truckers run
the risk of vehicle theft if parked in industrial areas as has happened to her. She stated that it
would be unfair to place the liability on industrial businesses for allowing commercial trucks to
park on their lots.
Tom Sharp, PO Box 918, Maple Valley, WA stated that commercial vehicles should be kept
in commercial or industrial zones, not residential zones. He stated that by allowing commercial
vehicles in residential zones, the rights of other residents are being violated as the truckers are
essentially running businesses on the backs of their neighbors and the character of those
residential areas are being compromised.
Dick Staples, 14629 S. 2671h, Kent, WA stated that he is a trucker who resides in a rural
area on the northeast corner of Lake Meridian. He stated that he has been taking a truck-
tractor home every night for nine years without complaint from his neighbors. He stated that
there is more noise interference in his neighborhood from the Metro buses running along 152nd
Avenue than with his truck leaving or arriving.
Mr. Staples stated that he does not believe that trucks should park on residential streets, but
that the city should consider applying some stipulations rather then abolish commercial vehicles
from residential areas. He stated that he will support staffs proposal for a home occupation
permit, to allow commercial vehicles in residential zones as a last resort. Mr. Staples stated
that homeowner's associations should take an active role in setting limitations for these trucks
in their neighborhoods rather then involve the city.
Mostafa Madani, 12237 SE 259`h PI, Kent, WA stated that he lives in a three year old
development off of 259th consisting of 18 homes on a cul de sac. In voicing the concerns of his
neighbors he stated that to date there are two semis parked in their neighborhood with a third
semi parked on 122nd leading to 2591h. Mr. Madani stated that his neighborhood would like
restrictions in place to curb the influx of these vehicles or would actually prefer to see them
banned from their neighborhood.
Mr. Madani stated that the neighbors are extremely concerned about the safety of their
children, disturbance from the noise levels and unsightliness created by the presence of these
trucks in the neighborhood as well as the potential for decreased home values. Mr. Madani
suggested that if the City considers approving a special permit, that affected neighbors be given
an opportunity to cast their vote with respect to any particular application received by the city.
Member Clark MOVED and Member Watson SECONDED a Motion to recommend to the Full
Council an AMENDMENT to the Land Use and Planning Board's recommendation specifying that
PEDC-Minutes
July 17, 2006
Page 2 of 3
commercial motor vehicles are disallowed on properties with a Comprehensive Land Use Map
Designation of Urban Separator and a Zoning District Designation of SR-1. Motion PASSED 3-0.
Member Watson MOVED and Member Harmon SECONDED a Motion to recommend to the Full
Council APPROVAL of Option 4 as recommended by staff; to allow the storage and parking of
Commercial Motor Vehicles in Residential Districts, zoned SR-6 or greater, except in those areas
zoned Urban Separator/SR-1, by means of a Special Home Occupation Permit and to provide
criteria for granting the permit. Motion PASSED 3-0.
Ms. Anderson addressed concerns raised by Mr. Sharp with respect to exempting 4.5 zoning
districts. She stated that it is her understanding that Mr. Sharp is asking the Committee to
consider including the SR-4.5 zoning districts in addition to the SR-6 zoning districts, as this
izone is also urban in nature.
Chair Harmon asked that these motions be sent to City Council under Other Business at the
next City Council meeting noting that all parties of record should be notified. Ms. Anderson
proposed sending this item to City Council on August 15, 2006 at 7:00 pm.
Adiournment
iChair Harmon adjourned the meeting at 5:15 p.m.
Pamela Mottram,
Admin Secretary, Planning Services
S IPermitl Plan l Plannrng Commttee l2006l MmutesI 071706PEDCmin doc
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PUBLIC WORKS COMMITTEE MINUTES
August 7, 2006
ITEM 1
COMMITTEE MEMBERS PRESENT: Committee Chair Debbie Raplee and Committee Member Ron
Harmon were present. Councilmember Bob O'Brien sat in for Tim Clark. The meeting was called to
order at 5:08 p.m.
Approval of Minutes Dated 3uly 17, 2006
Committee Member Harmon moved to approve the minutes of July 17, 2006. The motion was
seconded by Bob O'Brien and passed 3-0.
21 L.I.D. 340 Segregation
Mike Gillespie, Development Manager stated that LID 340, was originally assessed for Street
Improvements. Kent North LLC, the owners of record of the property originally affected by LID 340,
assessment No. 88, have requested segregation due to the property being developed and a portion
I sold. There is no unbudgeted fiscal/personnel impact. The permits are in process.
O'Brien moved to recommended that the City Council pass Resolution No.
directing the Finance Director to segregate Assessment No. 88, levied under L.ID. 340,
into two assessments. The motion was seconded by Harmon and passed 3-0.
100th Avenue SE Sewer main Extension Latecomer Agreement
Mike Gillespie, Development Manager, stated that the owner constructed an 8" sanitary sewer main
extension on 100th Ave. SE. In doing so, allowed future parcels to be serviced by said sewer
1 system. To compensate Mr. Bapla for the cost associated with extending the sanitary sewer line, a
latecomer agreement has been established, requiring affected parcels (6) to pay a pro-rata cost of
the sanitary sewer main.
O'Brien moved to recommend Council authorize a Latecomer Agreement for the 100th
Avenue SE Sewer Main Extension between the City of Kent and Harry Singh Bapla,
including Exhibits A. B, and C. The motion was seconded by Harmon and passed 3-0.
South 228th Street Green River Bridge Mitigation
Chad Bieren, Project Engineering summarized that; Hydraulic Permit Approval was required by the
Washington Department of Fish and Wildlife to complete the installation of Large Woody Debris
(LWD) and reconstruction of the riverbank. The proposed work would mitigate habitat impacts of
bridge construction. A brief discussion regarding Riverview Blvd. took place.
IO'Brien moved to recommend authorizing Mayor Cook to sign an agreement with King
County to complete design, permitting, and construction of a riverbank enhancement
project near the S. 228th Street Green River Bridge upon concurrence of the language
therein by the City Attorney and the Public Works Director. The motion was seconded by
Harmon and passed 3-0.
Kent Kanglev Road 0 Rock Creek-Structural Report & Recommendations on Bridge
Larry Blanchard, Public Works Director briefly went over the history of Rock Creek Bridge. He
noted that the bridge is located on Kent Kangley Road .5 miles east of Four Corners. The City took
ownership of this bridge in 1989 from King County. Blanchard's recommendation is to have staff
prepare a weight limit on the bridge until the bridge can be fixed. If the BRAG, Grant which has
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PUBLIC WORKS COMMITTEE MINUTES
August 7, 2006
been applied for is accepted, the bridge could potentially be fully replaced. The cap replacement
will take place next fall. A brief discussion ensued. This item will come back to committee as we
get more information.
Harmon moved to recommend authorization of staff to prepare an ordinance to establish
a weight limit for Kent Kangley Road at the Rock Creek crossing, and authorize the
Mayor to enter into a design and interim repair agreement with King County upon
concurrence of the language therein by the City Attorney and the Public Works Director.
The motion was seconded by O'Brien and passed 3-0.
Muth Property Agreement & Acceptance of Warranty Deed
Mike Mactutis, Environmental Engineering Manager gave a brief overview of the property. It was
decided that the piece of property would be deeded over to the City of Kent.
O'Brien moved to recommend authorization for the Mayor to accept the Statutory j
Warranty Deed pending acceptance of the language therein by the City Attorney and
Public Works Director. The motion was seconded by Harmon and passed 3-0. '
Solid Waste Service Subscription Provisions for Kent Residence & Businesses
Mike Mactutis, Environmental Engineering Manager gave an informational PowerPoint Presentation
that outlined why the city took the action they did. He noted that there has been 250 calls to the
City and 300 people have signed up for service since the letters were sent out. In the future
mailings will be sent out in smaller batches.
The committee recommends that Administration temporarily suspend enforcement of the
penalties related to mandatory garbage service within the City of Kent in order for
administration to consider public feedback.
ADDED ITEM — PUBLIC COMMENT
Garry Stewart asked about the SE corner of SE 2581" Street and 124"'. He asked what it would
take to get the walkway back. Larry Blanchard said he would look into the area in question.
Garry Stewart also asked about the wetland at Hazelnut Grove/Meridian Meadows retention
system. He wanted to know when the foot path would be replaced and when the retention pond
would be mowed. Mr. Stewart was told by Larry Blanchard that he would check into the situation
and get back to him.
Adiourned:
The meeting was adjourned at 6:15 p.m.
Next Meeting Scheduled for:
Monday, August 21, 2006, 5:00 p.m.
Cheryl 4Vis�thf
Administrative Assistant III
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