Loading...
HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 10/17/2006 t t AG EN DA t t City of Kent t City Council Meeting t Agenda t t October 17, 2006 Mayor Suzette Cooke Deborah Ranniger, Council President Councilmembers Tim Clark Debbie Raplee Ron Harmon Les Thomas Bob O'Brien Elizabeth Watson i KENT WASHINGTON City Clerk's Office t KENT CITY COUNCIL AGENDAS KENT October 17. 2006 WASHINGTOKCouncil 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. 2007 Operating Budget Bob Nachlinger 60 min COUNCIL MEETING AGENDA 7:00 p.m. L CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC —Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A Public Recognition 1 Washington State Quality Awards—Public Works and Finance Departments 2. Introduction of Parks Director Jeff Watling B. Community Events C. Day to Play Ball Proclamation 5. PUBLIC HEARINGS 113 q A Surplus and Disposal of Water Department Materials( aterial Res lutton 6. CONSENT CALENDAR A Minutes of Previous Meeting—Approve B. Payment of Bills—None C. 00r 351/361, S. 272/277 Street Corridor Improvements, F*al Assessment Roll inance—Adopt (QUASI-JUDICIAL) S D. hase of Fire Engine Pump Training Simulator—Authorize (Continued) COUNCIL MEETING AGENDA CONTINUED E. Goff Short Plat Bill of Sale—Accept F. Papc Machi ery Bill of Sale—Accept G� &�Cc( S-P6 A�b5-evlce Lf 7 OTHER BUSINESS A Cedar Pointe Rezone (QUASI-JUDICIAL) B Rust Rezone (QUASI-JUDICIAL) 8. BIDS None 9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 10. ONT�NUED COM UNICAT S A �� v1 !MMi NZ 11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION A. Property Acquisition 12. ADJOURNMENT I Z lNOTE: 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. y y V °~L d d w C O w °d w o N o°c q y N ro> N L a i G J G C y y a O N ro L C C c 05 L ro ti is C C ° ° °- Y „ V - ✓rVV.` wOd� JJ A3w WlJL C=� NG �7 wCV� TU T • m maNVdLm • '' � O_yc=vVCT Oo>mOW2O�c � nuNu Y N3 Co Am c v a ° ° ° >am .omoro n 1, a E0 C-m n4 J ya0o m O ospv °-0 ° c� � v ,E, 3oEA Eorou of Q m .1 m 3 N d i >.u N d 0 �a C a °V u '^ O T V E J �9m WLu -So Ay V aE �$' N -0?'�, `' cRv98ccmE yn E .c d E E.n, z ro- 2E.. - v °d AV- cod 0/$ o c � ,�> vo'-J-J° E� E �+ 4s� ^'�� Evu-a a' .. nv Ed E V E u "' YJm� O ym � y-.'cE E �2' o eve avi � ��t ,n mom' m ;d apdd c Gc as ro Kuuwcwe U vN.roGV � a o ° +� o � y= vV �i G U.n �u �m`O tea �o 'E' oe n E u ° W a t J a a E o" v% o v c d m p y U p o °v M E u �=o �} 3 ,,, = o - ro �+ C U- 2 01 3 O °L Y ; GO y E V ° N N C < c ° �Cp e " T C A ?�u V vw ch.. Y " > �y `a '� � � 3a, $LC +� roM � _Emzmwo cVL-.� �q—>i, 9 O °4 G V N C I- C� E C Y W�J N G J N V/ � � > mg,v' � EyC3ry yyro� gcimatc C.� C° �cc c0, G = OGI Y V Co w ` �.. ° "' ro G R E y L' 4 �w N~ p �6 L N ro O N C ry q .U w l_7 E N L ; w w�. ° C,._, O C L 2'E ro E ' N 9 F 3 E x JEL wO - V aEro ` O - C •`%� q � wN' CRm� NV 'a^ LLIaGL 0 _ ° s c � c wEEY VE E of ,w °� .. c=�, _ . On _ � r roL� g' Jo E� waa-i 'o o� and ° pO �auo o aw �+ -�im a qc Evers ydc F• a3a � i-Vn �� ,wn� VUL) us � aro��ulV00: a00�'aK°�� iv°� iX:2 E � > W= O w N w i2 • EE V am _a A so? N .. _g Hou d pC no =0 P u M OC CO z ro� o S g Y Y LU b L J M r¢ N E O_ N N Lu W ='c(,� F3- 0 3 c ro c z U c u O w E ..mo�ww o- M.2 c c m g o Y ° ro U�ii �°- YwY m lJ a641 uEa C w E O w = ro � mn� E p `c_ WZ LU CV V�O ; L Y C w m v, w 1 O dEw _ � _ a.. V w • L' L.D w 0,,y C; > v O y p c .Ti w V ro >V 3 ° °L° c ro A oo Joc N aE � a'V' i � `w'v � • _ EEC „ a E : >. 3 $ aci mE ro ° ro $ � Em e ro ro ro u J -O ° a' E ro r J c .. 'o a'° • '° Q w 5 £ o ° Vo ° ° iO� wc '0aci :ga+o '"'" a4; yy3 020 w C .� .. A F- S �'a d a 9 o w' �o E c G 0 � � `- °L� 0. U a E LL.;A LLJ600 w ELiactw wE aw � a v .O ro a aoi u a `V > d E E qr Q m0 mC7�S n ICHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be property heard. A) FROM COUNCIL, ADMINISTRATION, OR STAFF B) FROM THE PUBLIC i PUBLIC COMMUNICATIONS A) PUBLIC RECOGNITION i B) COMMUNITY EVENTS C) A DAY TO PLAY BALL PROCLAMATION I i i i 1 1 Kent City Council Meeting Date October 17, 2006 Category Public Hearings 1. SUBJECT: SURPLUS AND DISPOSAL OF WATER DEPARTMENT MATERIALS, RESOLUTION 2. SUMMARY STATEMENT: The City owns certain public water utility equipment that the Public Works Director has determined is no longer needed as part of the City's water system. State law requires that the City hold a public hearing to receive public comment before determining whether this public utility equipment is surplus to the City's needs and to adopt a resolution declaring it surplus and authorizing its disposition in a manner that best meets the public interest 3. EXHIBITS: Resolution 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 not: Unbudgeted Expense- Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: A. Councilmember moves, Councilmember seconds to close the public hearing. IB. Councilmember moves, Councilmember seconds to adopt Resolution No. which declares certain public utility equipment surplus and authorizes its disposition in a manner that best meets the public interest. DISCUSSION: ACTION: Council Agenda Item No. 5A r RESOLUTION NO. A RESOLUTION of the city council of the city of Kent, Washington, determining that certain public utility equipment is surplus to the city's needs, providing for the sale thereof, stating the consideration to be paid for the equipment, and authorizing the director of public works to enter into a sales agreement with the highest bidder. IRECITALS A. The City of Kent ("City") has in its possession certain equipment, described in exhibit A attached and incorporated by this reference, which is no longer actively in use as part of the City's public utility system. B. The director of public works has determined that the City no longer has any use or need for that equipment. C. The City Council held a public hearing on Tuesday, October 17, 2006 at a regularly scheduled city council meeting and invited comments regarding the City's intention to surplus the equipment. D. RCW 35.94.040 requires that the City determine, after a public hearing and by resolution of the city council that equipment originally acquired for public utility purposes is surplus to the City's needs and should be leased, sold or conveyed. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1, - Recitals Incorporated. The foregoing recitals are incorporated and fully made a part of this resolution 1 Surplus Property — Water System Utility Equipment SECTION 2. - Equipment Deemed Surplus. The utility equipment described in the attached and incorporated Exhibit A, which was originally acquired for public utility purposes, is now surplus to the City's needs and is not required for providing continued public utility service. SECTION 3. - Public's Best Interest It is in the public's best interest that this surplus equipment shall be sold by bid to the highest bidder. In the event the equipment is not sold at the auction, it will be sold for scrap metal. SECTION 4. - Consideration to be Paid. The consideration to be paid for the surplus property shall be in U.S. dollars in the form of cash or cashier's check. SECTION S. - Authority of Public Works Director. The Director of Public Works is authorized to enter into an agreement with the highest bidder to effect the sale of the surplus property. SECTION 6. - 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 October, 2006. CONCURRED in by the Mayor of the City of Kent this day of October, 2006. i SUZETTE COOKE, MAYOR ATTEST: , BRENDA JACOBER, CITY CLERK 2 Surplus Property- Water System Utility Equipment i APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the City Council of the City of Kent, Washington, the day of October, 2006. BRENDA JACOBER, CITY CLERK P NCK"CsoWdonNSurplusPmperty-2006-WaterSVstwr4EqlAp doc 3 Surplus Property — Water System Utility Equipment EXHIBIT"A" 1. Del Webb Wastewater Pump Station pumps and electrical connections - serial nos. 871052 and 871053. This pump station is site specific and cannot be used elsewhere and, due to its age, the pump station does not have all the hardware equipped on our current pump stations. 2. Meadow Hills Wastewater Pump Station pumps and electrical connections - serial nos. 79LL55 and 79LL56. This pump station is site specific and cannot be used elsewhere and, due to its age, the pump station does not have all the hardware equipped on our current pump stations. 3. Seven Oaks Wastewater Pump Station pumps and electrical connections-serial nos. 33161 and 32137. This pump station is site specific and cannot be used elsewhere and, due to its age, the pump station does not have all the hardware equipped on our current pump stations. 4. Soosette Wastewater Pump Station and electrical connections - serial nos. 910570 and 910571 5. Water Meters - 18" "Water Specialties" propeller type. 1 6. PLC Equipment - This equipment is either out of date (15 years plus), can no longer be used as spare parts, or has been replaced and is no longer needed. • Two (2) TI 530-1104 Processors, serial nos. 53PB8509000166 and 53PB8507000176. • Two (2) 500-2103 TI Expansion Mods, serial nos. 50D840700015 and 50LC840600029. • Five (5) 500-5021 Output Sim Mods. • Three (3) 500-5020 Output Sims Mods. • Four (4) 510 TI Processors, serial nos. 81071179, 83080366, 83110182, and 81090827. • One (1) 500-5828 16 Mod I/O Base, serial no. 508B840500176. • One (1) 510-7105 Interface Mod, serial no. 10AV840800012. • 510 Simulator P/N 2460221-001. • 510 User Manual. • Two (2) 510-2101 I/O Mod, serial nos. 83080028 and 83080047. • Dual Comm. Mod, serial no. SODP8704000288. • VPU200 serial nos. 20VB8507000407 and 20VB831202084. • Box Siemens TI Manuals. • Motorola MTU Units Model # CI565A, serial nos. 403SHWI064 and 403SHW1065. 7. Miscellaneous Items- This equipment is either out of date (15 years plus), can no longer be used as spare parts, or has been replaced and is no longer needed. • Westinghouse VFD Processor Card • Box Miscellaneous Gauges (12) • Aurora booster Pump 230/460 3h.p • U.S Electric Motor 230/460 1.5h.p • Sta-Rite Booster Pump 115/230 1.5h.p 4 Surplus Property — Water System Utility Equipment EXHIBIT "A" Box Pressure Transmitters (4) 2. Taylor's#3432TF 2. Rosemont #1020 • Box Magnetic Recorders • Box Miscellaneous Elect. Fittings • NEMA3R Control Box w/Display • NEMA3R Control Box w/ Control relays • Box Miscellaneous Modems and phone control equip • Motorola M.R.T.0 Rack • Box Miscellaneous Control Transformers • Box Miscellaneous Pump bearings and thrust washers • Box Miscellaneous CGC Manuals • Box Miscellaneous Act-Pak Meter Equip • LaMarche Battery Charger 120vac/10-24vdc@10amps. SIN22593 • 12" Exhaust Vent • Box Miscellaneous Motorola Intrac Hardware • Intrac Yagi Antennas • Box Miscellaneous Micro-Switches • Box Miscellaneous Pump Oilers tBox Miscellaneous Reed Switches 8. 1988 - Ariens 911014 Mower, serial no. 13846. This mower has been replaced. 9. 1978-Gorman 5482-17 3" Pump, serial no. 652783. This pump has been replaced. 10. 1969-Stanley Hydraulic Power Unit 7-9 GPM Model # CR22, serial no. 6066. 11. 1969-Stanley Hydraulic Chain Saw Model # CS23, serial no. 5390. i I l 1 5 Surplus Property — Water System Utility Equipment CONSENT CALENDAR 6. Citv Council Action: Counctlmember (/t ' "v' ` moves, Councilmember seconds to approve Consent Calendar Items A through Discussion 1 Action �'>1 6A. Approval of Minutes. Approval of the minutes of October 3, 2006, and approval of a correction to the minutes of September 19, 2006, as follows Change the word "Councilmatic" in three places in the Kent Event Center Budget Request item to "Councilmamc." 6B. _Approval of Bills. Numbers were not available for approval. Council Agenda Item No 6 A-B • Kent City Council Meeting KEN T October 3, 2006 W Ay HI NGT_ON The 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, Raplee, Thomas and Watson. Ranniger was excused from the meeting. (CFN-198) CHANGES TO AGENDA A. From Council, Administration, or Staff. (CFN-198) CAO Hodgson added Consent Calendar Item J, Mayor Cooke added Consent Calendar Item K, and CLARK MOVED to make a letter from Steve Butler, President of the Washington Chapter of the American Planning Association, regarding Initiative 933 a part of the record Harmon seconded and the motion ' carried. PUBLIC COMMUNICATIONS A. Public Recognition. Added Item— Kherson Sister City Representatives. (CFN-198) Mayor Cooke introduced Mayor Volodymyr Saldo, Councilmember Vitaly Girin and Interpreter Oleg Pynda from Kherson, Ukraine The delegation presented the City with a book of photos of Kherson and a wooden plate from Kherson, outlined their activities, and noted that they are looking for construction companies who are interested in working in Kherson. Mayor Cooke welcomed them to the city, presented them with gifts, and wished them the best Added Item—Parks Department Audit. (CFN-118) The Mayor announced that after doing I an audit of the Parks Department, the Washington Cities Insurance Authority gave them an outstanding review, and commended Acting Parks Director Lori Hogan. 1 B. Community Events. (CFN-198) Raplee announced the Green River Natural Resource Area planting, which will be held on October 7 at 21621 Russell Road, the Special Recycling Collection Event which will be held on October 14 at Russell Road Park, and the ReLeaf Event on October 14 at Clark Lake. Clark reminded Councilmembers of the National Parks and Recreation Event in Seattle next week. Mayor Cooke announced the Lingo dance theater on October 7 at the Kent-Meridian Performing Arts Center, and the Kent Financial Literacy and Education Fair on October 28 at the Senior Activity Center Watson announced the Human Services Commission fundraising breakfast to benefit the Food Bank on October 13. C. Employee of the Month. (CFN-147) Mayor Cooke announced that Clara Eckhart of the Law Office has been chosen as the October Employee of the Month. City Attorney Brubaker commended Eckhart for her service, and she was given the Employee of the Month plaque. 1 D Introduction of Appointees. (CFN-1127) Mayor Cooke introduced Joyce Drake and Alexander Ky, her appointees to the Diversity Advisory Board. The appointees then explained their reasons for serving on the Board. Steve Kato was not in attendance. E. Economic Development Report. (CFN-198) Economic Development Director Wolters updated the Council on new businesses in the City, and new businesses opening soon at Kent i � 1 Kent City Council Minutes October 3, 2006 Station. He said Project Springboard is moving forward and that college students interested in ' architecture will be opening a Store Front Studio to provide revitalization possibilities to the city. F. Domestic Violence Proclamation. (CFN-155) Mayor Cooke read a proclamation declaring the month of October as Family Violence Awareness Month in the City of Kent The City's domestic violence victim's advocate, Ann Marie Tennison, accepted the proclamation and explained the domestic violence situation in Kent. CONSENT CALENDAR CLARK MOVED to approve Consent Calendar Items A through K. Harmon seconded and the motion carried. A. Minutes of Previous Meeting. (CFN-198) The minutes of the regular Council meeting of September 19, 2006, were approved , B. Approval of Bills. (CFN-104) Numbers were not available for approval C. Kin2 Conservation District Grant for Clark Lake Park Forestry Plan. (CFN-118) The King Conservation District Grant of$3,360 to fund the Clark Lake Forestry Management Plan was accepted, the expenditure of funds in the Clark Lake Management Plan budget was approved, and the Mayor was authorized to sign all necessary documents The King Conservation District Reimbursable Grant funds were used to hire a consultant, Sound Urban Forestry, to evaluate the Clark Lake Park urban forest and prepare a report with recommendations to protect and nurture the forest. Based on this report, reforestation of the park is underway using volunteer efforts during the October planting event—ReLeaf. , D. King Conservation District Grant for Clark Lake Park Inlet Reforestation Project. (CFN-118) The King Conservation District Grant of$16,707.50 to fund Clark Lake Inlet Reforestation Project was accepted, the expenditure of funds in the Native Plants budget was approved, and the Mayor was authorized to sign all necessary documents. The King Conservation District Reimbursable Grant funds were used to alter a man-made inlet at Clark Lake Park to make it more natural by installing large woody debris and boulders and planting along the banks. This work was completed by Park staff, volunteers, and Boy Scouts completing Eagle Scout projects. E. Safeco Grant for Service Club Park Scoreboard. (CFN-118) The Safeco Insurance Company Grant of S 19,542 to fund the purchase of scoreboards for Service Club Ball Park was accepted, the expenditure of funds in the Service Club Ball Park budget was approved, and the Mayor was authorized to sign all necessary documents. F. Surplus and Disposal of Water Department Materials. (CFN-136) A public hearing was set for the October 17, 2006, Council meeting to consider comments on the declaration of certain public water utility equipment as surplus to the City's needs 2 Kent City Council Minutes October 3, 2006 1 G Joint Funding Agreement With U.S. Geological Survey for the Cooperative Data- Collection Program. (CFN-1038) The Mayor was authorized to sign the Joint Funding Agreement between the City and the U.S Geological Survey to provide operation. maintenance, and data collection at the Springbrook Creek, Mill Creek, and Rock Creek Gaging stations during the Federal fiscal year 2007, subject to the City Attorney and Public Works Director's concurrence of the language therein, and to establish a budget for same H. Gift of Land, Quit Claim Deed. (CFN-239) The Mayor was authorized to execute a Quit Claim Deed on a gift of land by Karen Phillips, Living Trust. I. Re-Appointment to Diversity Advisory Board. (CFN-1127) The Mayor's re-appointment of Ms Joyce Drake to continue serving as a member of the Kent Diversity Advisory Board was confirmed Her new appointment will continue until 9/30/09 ' ADDED ITEMS J. Excused Absence. (CFN-198) An excused absence from the October 3, 2006, City Council meeting for Council President Ranmger was approved, as she was unable to attend K. Diversity Advisory Board. (CFN-1127) The appointment of Alexander C Ky and the re- appointment of Steven Kato to the Kent Diversity Advisory Board were confirmed. Ky will replace Charlene Shaw, and both appointments will continue through 9/30/2009 REPORTS Mayor's Report. (CFN-198) The Mayor complimented the staff of the 911 Emergency Center on the excellent results of their State audit She also noted that the Green River Flood Control Zone group has recommended becoming part of the King County-wide District for flood control. Parks and Human Services Committee. (CFN-198) Raplee noted that the next meeting will be held on October 19 at 5 00 p.m., and that the ReLeaf event will happen on October 14. Planning and Economic Development Committee. (CFN-198) Harmon noted that the next ' meeting will be held at 4 00 p m. on October 16. Public Safety Committee. (CFN-198) Harmon noted that the next meeting will be held at 5:00 p in on October 10. Public Works Committee. (CFN-198) Raplee noted that the next meeting will be held at 5 00 p in on October 16, and that the recycling event will be on October 14. Administration. (CFN-198) Hodgson noted that the dedication of the scoreboards at Service Club Ball Fields will be on November 4, and that there will be an Executive Session of approximately 20 minutes on two items of property acquisition and noted that action may be taken when the regular meeting reconvenes. Police Chief Strachan announced that extra efforts have been made in regard to prostitution issues on Pacific Highway South and that eight arrests were made in the past week. 3 Kent City Council Minutes October 3, 2006 EXECUTIVE SESSION ' The meeting recessed to Executive Session at 7.52 p.m. and reconvened at 8:15 p.m. (CFN-198) , Property Acquisition. (CFN-239) RAPLEE MOVED to approve the Purchase and Sale Agreement for the Martinez property located at 108 Naden Avenue, as part of the Naden Street Assemblage, to authorize the Mayor to execute any and all documents necessary to close the land transaction upon review and approval by the City Attorney, and to appropriate closing costs from the Park Land Acquisition account. Watson seconded and the motion carried HARMON MOVED to authorize the Mayor to execute all necessary documents to purchase the real property located at 407 Washington Avenue North for$825,000 plus closing costs. subject to , review of the documents by the City Attorney. Thomas seconded and the motion carried. ADJOURNMENT ' At 8:17 p.m., WATSON MOVED to adjourn Thomas seconded and the motion carried. (CFN-198) Brenda Jacober, CMC City Clerk 4 Kent City Council Meeting Date October 17, 2006 Category Consent Calendar 1 1. SUBJECT: LID 351/361, S 272/277 STREET CORRIDOR IMPROVEMENTS, FINAL ASSESSMENT ROLL ORDINANCE — ADOPT (QUASI-JUDICIAL) 2. SUMMARY STATEMENT: Adoption of Ordinance No. confirming a Supplement Assessment Roll for Local Improvement District No 351 On October 2, 2006, the Public Works Committee sat as a Board of Equalization and conducted a hearing on the supplemental assessment roll to LID 351 for the S 272°d/277`n Street Corridor Improvements, which has been administratively designated as LID No. 361. At the hearing, the Board received four written protests Only one of the four pro- testing parties appeared at the hearing, and that person elected not to testify After considering the evidence and protests, the Board closed the hearing and deliberated. After deliberating, the Board determined that certain properties were specially benefited 1 by the improvements and that the assessments against each property were proportional in accord with those special benefits. Accordingly, the Board confirmed the supple- mental assessment roll and referred this ordinance to council for its consideration. 3. EXHIBITS: Ordinance ' 4. RECOMMENDED BY: Public Works Committee as the Board of Equalization (Committee, Staff, Examiner, Commission, etc ) 5. FISCAL IMPACT ' Expenditure? _ Revenue? X Budget? Currently in the B Yes No X If no: 1 Unbudgeted Expense: Fund Amount S Unbudgeted Revenue: Fund 58230 Amount $324,148 68 1 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda ' Item No. 6C ORDINANCE NO. AN ORDINANCE of the city of Kent, Washington approving and confirming a Supplemental Assessment Roll for Local Improvement District (LID) No. 351, designated as LID No. 361, for the construction of the South 277th Street Corridor Improvements, as originally provided by Ordinance No 3496, and, levying and assessing a part of the cost and expense thereof against the several lots, tracts, parcels of land and other property as shown on the Supplemental Assessment Roll. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Recitals. ' 1.1 On December 14, 1999, the city of Kent adopted Ordinance No. 3496 establishing Local Improvement District ("LID") No 351. LID No. 351 provided for the construction of a new five lane arterial extending from Auburn Way North (East Valley Highway) eastward up the hill to Kent Kangley Road at 116th Avenue (and as more particularly described in Exhibit A to Ordinance 3496 - "277th Street Corridor Improvements"). 1.2 On April 12, 2000, having given notice in accordance with applicable law, the city council Public Works Committee, sitting as a Board of Equalization ("Board"), heard any protests to the final assessment roll for LID No. 351. On May 1, 2000, the Board met and considered proposed findings of fact and conclusions of law ("Findings"). The Board entered its Findings and 1 LID 3511361 Final Assessment Roll 50734718 1 forwarded them to the city council for consideration. On May 30, 2000, the ' Board revised its Findings and forwarded the revised Findings to the city council. The city council approved and confirmed the assessments and assessment roll for LID No. 351 by Ordinance No. 3513 (June 6, 2000). 1.3 Subsequent to the confirmation of the assessments and assessment roll for LID No. 351, it came to the attention of the city that ten (10) ' parcels of land were inadvertently omitted from properties included within LID No. 351. On August 17, 2004, the council authorized the process for inclusion of , omitted properties and the creation of a supplemental assessment roll to LID No. 351 ("Supplemental Roll"). On October 1, 2004, the Public Works Department mailed an informational letter to owners of property proposed to be included in , the Supplemental Roll. That informational letter further advised of an informal property owners meeting. The informal property owners meeting was conducted ' on November 4, 2004. 1.4 All of the properties included within LID No. 351, and all of the properties to be included within the Supplemental Roll for LID No. 351, are subject to environmental mitigation agreements (EMAs). EMAs require property owners to pay an established dollar amount not later than ten years from the date of the EMA if no LID is formed. Creation of the LID and payment of the ' amount assessed under the LID satisfies the requirements of the EMA. None of the properties would have been allowed to develop without either undertaking , full traffic mitigation or committing to future financing of the 277th Street Corridor Improvements by execution of an EMA. Many properties have been ' subsequently subdivided, developed, and sold. The EMA obligation remains a covenant running with the land and binding on subsequent purchasers. 1.5 On March 9, 2006, the Public Works Department mailed notice to properties (123 lots) within the proposed Supplemental Roll, advising of the alternative for payment of EMA obligations in lieu of participation in an LID. Many other properties have directly paid mitigation for traffic impacts and for the , 277th Street Corridor Improvements. 1.6 By Resolution No. 1733 (September 5, 2006) the city council , declared its intent to create a supplemental assessment roll for omitted properties to assess a part of the cost and expense of carrying out the 277th 2 LID 3511361 Final Assessment Roll 50734718 1 Street Corridor Improvements. The Resolution designated the city council's Public Works Committee to sit as a Board of Equalization to hear protests to the ' supplemental assessments for LID No. 351 and to set a hearing date for October 2, 2006, at 6:00 p.m. For purposes of administrative convenience, the city of Kent designated the supplemental roll to LID No. 351 as "LID No. 361." The Supplemental Roll was prepared as authorized by law and was filed and opened to inspection at the office of the city clerk at City Hall. 1.7 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 submission 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 reasons of the improvement In addition, RCW 35.44.290 states that the property found to be specially benefited may be assessed whether or not the property "abuts upon, is adjacent to, or proximate to the improvement." Assessments are to be in proportion to the assessments levied upon other property in the Local ' Improvement District. 1.8 On October 2, 2006, the Public Works Committee of the council, ' sitting as a Board of Equalization ("Board"), conducted the hearing on the Supplemental Roll. The Board received evidence and considered four (4) written ' protests. No other protests were received and considered. While invited by the Board, no testimony from any person filing a written protest was offered. Following close of the hearing, the Board recessed to deliberate. Following deliberations, the Board determined to confirm the Supplemental Roll and to refer this Ordinance to the council. In doing so, the Board took notice of and received as evidence the record in LID No. 351, and the Findings of Fact and Conclusions approved by the city council in Ordinance No. 3513. SECTION 2. - Confirmation of Supplemental Roll. The assessments and supplemental assessment roll of Local Improvement District No. 351 (as designated by the city as LID No. 361), as originally authorized by Ordinance No. 3496, shall be and the same are approved and confirmed in all things and ' respects in the total amount of $324,148 68. 3 LID 3511361 Final Assessment Roll SECTION 3. - Special Benefits. Each of the lots, tracts, parcels of land, ' and other properties shown upon the Supplemental Roll is determined and declared to be specially benefited by the 277th Street Corridor Improvements in ' at least the amount charged against the same, and the assessment appearing against the same is in proportion to the several assessments appearing upon the , LID No. 351 assessment roll and the Supplemental Roll. There is levied and assessed against each lot, tract, or parcel of land and other property appearing , upon the Supplemental Roll the amount finally charged against the same thereon. Consistent with RCW 35.44.380, the lots, tracts, land, and other properties included within the Supplemental Roll are considered "as though the property were included in the original roll for LID No. 351." SECTION 4. - Findings. 4.1 The recitals set forth in Section 1 above are incorporated by this reference and included as council's findings as if fully set forth herein. 4.2 The Findings for LID No. 351, as entered by the Board of Equalization (May 1, 2000, as revised May 30, 2000) and attached as Exhibit 1 to , Ordinance No. 3513 are ratified and incorporated herein by this reference. 4.3 The city has performed a special benefits analysis based upon the ' benefits to the property accruing through the use of EMAs and the later development of the 277`h Street Corridor Improvements project. The special benefit analysis more fairly reflects the special benefits to the property within the LID than the zone and termini method. The properties on the Supplemental Roll are benefited specially by the 2771h Street Corridor Improvements. SECTION S. - Notice of Roll. The Supplemental Roll as approved and , confirmed shall be filed with the Finance Director of the city for collection and the Finance Director is authorized and directed to publish notice as required by law , stating that the roll is in the Director's hands for collection and that payment of any assessment thereon or any portion of such assessment can be made at any time within thirty (30) days from the date of first publication of such notice without penalty, interest, or cost, and that thereafter the sum remaining unpaid 4 LID 3511361 Final Assessment Roll 50734718 1 may be paid in fifteen (15) equal annual installments. The interest rate is five and 63/100 percent (5.63%) per annum. The first installment of assessments on ' the supplemental roll shall become due and payable during the thirty (30) day period succeeding the date one year after the date of first publication by the 1 Finance Director of notice that the supplemental roll is in the Director's hands for collection and annually thereafter each succeeding installment shall become due ' and payable in like manner. If the whole or any portion of the assessment remains unpaid after the first thirty (30) day period, interest upon the whole unpaid sum shall be charged at the rate as determined above, and each year thereafter one of the installments, together with interest due on the unpaid balance, shall be collected. Any installment not paid prior to expiration of the thirty (30) day period during which such installment is due and payable shall thereupon become delinquent. Each delinquent installment shall be subject, at ' the time of delinquency, to a charge of nine percent (9%) penalty levied on both principal and interest due upon that installment and all delinquent installments also shall be charged interest at the rate as determined above. The collection of such delinquent installments shall be enforced in the manner provided by law. ' SECTION 6. — Severability. If 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 7. — Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK 5 LID 3511361 Final Assessment Roll 50734718 1 APPROVED AS TO ' FORM: FOSTER PEPPER PLLC Special Counsel and Bond Counsel , 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 JACOBER, CITY CLERK P 1Civfl\"Inance\LID351 361 FinaIAZessmenWall DOC ' 6 LID 3511361 Final Assessment Roll 50734718 1 , Kent City Council Meeting Date October 17, 2006 Category Consent Calendar ' 1. SUBJECT: PURCHASE OF FIRE ENGINE PUMP TRAINING SIMULATOR— AUTHORIZE ' 2. SUMMARY STATEMENT: Authorize the Mayor to sign an agreement for the purchase of a Fire Engineer Pump Training Simulator. The Fire Department requests a portable (trailer) pump simulator to specifically train ' pump operators how to pump a fire engine, recognize problems as they occur, and take corrective action. The simulator requires a minimal set up time and since it is a closed system, virtually eliminates wasting water. The simulator is programmable with 10 ' scenarios and over 450 hose combinations, providing immediate feedback and a training record on student perfonnance. The Fire Department requested and received a waiver from Mayor Cooke, pursuant to KCC 3.70.080, of the City's procurement ordinance as negotiation with a particular supplier is appropriate due to specialized needs of the Fire Department. 3. EXHIBITS: Single Source Procurement authorization from Mayor Cooke 4. RECOMMENDED BY: Public Safety Committee 10/10/06 (Committee, Staff, Examiner, Commission, etc.) ' 5. FISCAL IMPACT Expenditure? $33,000 Revenue? No ' 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 FIRE DEPARTMENT Jim Schneider, Fire Chief Phone 253-856-4300 K E N T Fax 253-856-6300 WASH I N G T 0 N Address: 24611 116'h Ave SE Kent, WA. 98030 Date September 25, 2006 To: Mayor Suzette Cooke Through- John Hodgson, Chief Administrative Officer From: Jim Schneider, Fire Chief Regarding: Single Source Procurement—Fire Engineer Pump Training Simulator The City`s Fire Department is requesting a waiver, pursuant to KCC 3.70 080, of the City's procurement ordinance as negotiation with a particular supplier is appropriate due to specialized needs of the Fire Department Fire Engineer- Pump Training is vital for fire personnel to survive and perform their duties in a variety of hostile and lethal environments Without a high level of consistent standardized engineer training, the Fire Department would not be able to deliver the level of service our citizens have become accustomed to. Our experience has shown that pump training requires two or more fire engines and numerous fire fighters to flow sufficient quantities of water to replicate scenarios that could be encountered ' on the fire ground. This is time consuming, wastes thousands of gallons of water, and requires emergency response vehicles to be away from their assigned response areas, thus delaying and lengthening emergency responses The Fire Department has conducted a thorough internet search of fire department equipment manufacturers and suppliers to determine if a pump simulator was available to address our Engineer/Pump Operator training needs. One source was located, the F.D Training Systems Company in Dallas/Fort Worth, Texas. This company manufactures a portable (trailer) pump simulator to specifically train pump operators how to pump a fire engine, recognize problems as they occur, and take corrective action. The simulator requires a minimal set up time and since it is a closed system, virtually eliminates wasting water The simulator is programmable with 10 scenarios and over 450 hose combinations, providing immediate feedback and a training record on student performance i Memorandum Mayor Suzette Cooke September 21,2006 Page 2 A field use evaluation was conducted by our Training Division Engineer/Pump Trainer and an Operations Division Captain. The evaluation consisted of using the simulator to duplicate scenarios and training objectives from the National Fire Protection Association (NFPA) Standard 1002, Fire Apparatus Driver/Operator Professional Qualifications, and our Fire Department training manual. The results of the evaluation determined that this simulator will meet our needs by allowing us to deliver a large portion of our pump training at individual stations, allowing emergency response vehicles to be available in their first due response area which will decrease response times This would allow us to conduct pump training year around and not be affected during the summer months by "low water" situations. Evaluations and certifications can be conducted on the training simulator and become part of the operator's permanent training record. The cost of the fire engineer pump training simulator, including sales tax, will be approximately $33,000. The money has been identified in the Fire Department training budget By this memo, the Fire Department requests that you determine the bidding process usually required by KCC 3 70 030 and 040 is not in the best interest of the City and that you authorize the Fire Department to enter into direct negotiations with F.D. Training Systems Company for the purchase of a portable (trailer) pump simulator In the event the Fire Department successfully negotiates a purchase contract with F D Training Systems Company, the contract will be brought before the Public Safety Committee and the City Council for approval. If you approve of the Fire Department's request for a waiver of the City's procurement policies, please note your approval by signing below. Thank you. , Suzette Cooke, Mayor Date ' C\Documents and Setngs\msimmons\Local Settings\Temporary Internet Files\0LK6A4\So1e Source Request doc Kent City Council Meeting Date October 17, 2006 Category Consent Calendar 1. SUBJECT: GOFF SHORT PLAT BILL OF SALE—ACCEPT 2. SUMMARY STATEMENT: Accept the Bill of Sale for Goff Short Plat for one watermam gate valve, and one watermam hydrant, and 803 linear feet of storm sewer line. This project is located at 1044 SE 264th St. 3. EXHIBITS: Bill of Sale 4. RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 6E Bill of Sale Page 1 of 3 KENT W A S H I N G T O N MAIL TO: ENGINEERING DEPARTMENT ATTN: Robert Hankins 220 4TH AVENUE SOUTH KENT,WASHINGTON 98032 PROJECT: Goff Short Plat LOCATION: S.E. 260 & 106" Ave. S.E TAX ACCT NO: 185860-0006 BII L OF SALE CITY OF KENT KING COUNTY,WASHINGTON THIS INSTRUMENT made this day of 20 , by and between Bennett Sherman.LLC , hereinafter called"Grantors",and City of Kent, a municipal corporation of King County, State of Washington, hereinafter called"Grantee": WITNESSETH: That the said Grantors for a valuable consideration,does hereby grant,bargain, sell to Grantee the following described improvements: A. WATF.RMAiNS: together with a total of I gate valves at S 500 each,_ I hydrants at S 2.600 each and/or any other appurtenances thereto. ON FROM TO (street,esmt,etc) 106'*Avenue S.E. S.E. 264"Street South project boundary Including 0 linear feet at S per LF of (size&type) I waterline. B. SANITARY S . =: Together with a total of 0 manholes at $ each and/or any other appurtenances thereto. ON FROM TO (street, esmt, etc) Including 0 linear feet at S per LF of (size& type) sewer line. C. Together with curbs,gutters,sidewalks,and/or any other appurtenances thereto. Bill of Sale Page 2 of 3 of biofiltration swale or drainage ditch with a total cost of$ 9,195 CF of detention pond storage with a total cost of$15,000 , and 1 or any other appurtenances thereto. ON FROM TO (street,esmt,etc) Including 803 linear feet at$22 per LF of 12-inch PVC (size &type) Storm sewer line. To have and to hold the same to the said Grantee,its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances;that all bills for labor and material have been paid;that it has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person. The Bill of Sale is given on consideration of the agreement of the Grantee for itself,its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. IN WII ecc`g SS WHEREOF e-und ed has caused this instrument to be executed on this day of A 2006 t STATE OF WASHINGTON ) )SS COUNTY OF IONG ) On this day of 20 before me,the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn,Personally appeared to me known to be the individual described in and who executed the foregoing instrument,and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 20 Notary Public in and for the State of Washington,residing at My Commission Expires: Bill of Sale Page 3 of 3 LSTATE OF WASHINGTON ) )SS COUNTY OF KING ) On this day of 20 before me,the undersigned, a Notary Public in and for he tate of Washi gton,duly commissioned and sworn,personally ap eared 4N�/tt A-- � oi�*,aVlta�1.�2 _ to we known to be the aril socpaaUvely of ��!�69T,oioAf4, the G'a7rl�l9� that executed the foregoing instrument,and acknowledged the said instrument to be the free and voluntary act and deed of said �/J7A&AvFf for the uses and purposes therein mentioned,and on oath stated thaf they are authorized to execute the said instrument. Witness my hand and official seal hereto affix the day and year first above written. go h fs % at fry P lic ' as for the uy "n��p _ S f Wa gtoip,�esiding at 1 '11 My Commission Expires: /��►�r�Of WAS��. jThe Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and passed by the City Council of the City of Kent,King County,Washington,on the day of .20 KENT W A 5 H IN O T O N ADDENDUM TO BILL OF SALE CITY OF KENT KING COUNTY,WASHINGTON The figures used on the Bill of Sale for Goff Short Plat project dated July 25, 2006 ,were based on the"As-Built" Engineering Plans dated September 6, 2006 , for the same said Goff Short Plat project. Hal P. Grubb, P.E. the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of Bariehausen Consulting Engineers. Inc. ,the firm responsible for the preparation of the "As-Built" Engineering Drawings. Signature 11331.035 doe Kent City Council Meeting Date October 17, 2006 Category Consent Calendar 1. SUBJECT: PAPE MACHINERY BILL OF SALE— ACCEPT 2 SUMMARY STATEMENT: Accept the Bill of Sale for Pape Machinery for three watermam gate valves, two watermam hydrants, and 1035 linear feet of waterline. This project is located at 10443 SE 264th St. 3. EXHIBITS: Bill of Sale 4 RECOMMENDED BY: Public Works Director (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? N/A Revenue? N/A Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agenda Item No 6F Bill of Sale Pagel of 3 T KENT WASH I N G T O N i MAIL TO: ENGINEERING DEPARTMENT ATTN: Heather Graham 220 4 AVENUE SOUTH KENT,WASHINGTON 98032 PROJECT: Pape'Machinery Inc. Buildine Addition LOCATION:19808 West Valley HiPbway. Kcnt.WA 98302 TAX ACCT NO: 3829000055 BILL OF SALE CITY OF KENT KING COUNTY,WASHINGTON / THIS INSTRUMENT made this [a day of�r u 20 D co _,by and between Pace'Properties.Inc. hereinafter called"Grantors",and City of Kent,a mnlcipal corporation of King County,State of Washington,hereinafter called"Grantee": WITNESSETH: That the said Grantors for a valuable consideration,does hereby grant,bargain,sell to Grantee the following described improvements: A. WATF.RMAY NS: together with a total of 3 gate valves at S 1.000 each, 2 hydrants at S 2.S00 each and/or any other appurtenances thereto. ON FROM TO Easement—West Valley Highway to on-site to West Valley Highway Including 1,035 linear feet at S 44,44 per LF of 8" Ductile Iron waterline. B. SAM RV& .Rs: (N/A)Together with a total of manholes at S each and/or any other appurtenances thereto. ON FROM TO (street,esmt,etc) Including linear feet at S per LF of (size&type) sewer line. f'_ STRF.FTR! IN/Al Tnapthor with eurlt- arttorv_sidawalks_and /nr anv nthar Bill of Sale r Page 2 of 3 D. STnRM n3UU;(N/A) Together with a total of manholes at S each or a total of catch basins at$ each, LF of bioflltration swale or drainage ditch with a total cost of S ____SF of detention pond storage with a total cost of S ,and/or any other appurtenances thereto. ON FROM TO (street,esmt,etc) Including linear feet at S per LF of (size& type) sewer line. To have and to hold tke same to the said Grantee,its successors and assigns forever. The undersigned hereby covenants that It is the lawful owner of said property;and that the same is free from all encumbrances; that all bills for labor and material have been paid; that ' it has the right to sell the same aforesaid;that it will warrant and defend the some against the lawful claims and demand of all person. The Bill of Sale is given on consideration of the agreement of the Grantee for itself,its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. IN WITNESS WHEREOF,the ondepigned has caused this instrument to be executed on this G t 5 day of .S'e�{G4Z D4 r ,20�_. r / T•ct•I fitlf Gt STATE OF DIGTDAF ) )SS COUNTY OF 11RWfftC ) On this � #'k day of S 200Q ,before me,the undersigned A Notary Public In and for the State of Washington,duly commissioned and sworn,Personally appeared bmift YVIcca'MDbG(r to me known to be the Individual described in and who zecated the foregoing instrument,and acknowledged to me that betshe signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this_ day of S&J&s" 2011Z_ _. �g� Notary Public in any GUM g qp the $MXWPUBl1C-0REG M State of residing at (aoOUAItIOMMMMBM14110 My Commission Expires:-IfLaj Bill of Sale Page 3 of 3 and voluntary act and deed of said for the uses and purposes therein mentioned,and on oath stated that they are authorized to execute the said instrument. Witness my hand and official seal hereto affix the day and year first above written. i Notary Public in and for the State of Washington,residing at My Commission Expires: The Bill of Sale is given and accepted pursuant to a motion duty made,seconded,and passed by the City Council of the City of Kent,King County,Washington,on the day of 920 i i i i i 1 • KEN T 1 W A 9 H I N O T O N ADDENDUM TO BILL OF SALE 1 CITY OF KENT KING COUNTY,WASHINGTON The figures used on the Bill of Sale for Pape' Machinery, Inc. Building Addition project dated February 13, 2006 ,were based on the"As-Built"Engineering Plans dated September 1, 2006 ,for the same said Pape' Machinery, Inc. Building Addition project. Doreen S. Gavin, the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of AHBL,Inc. ,the firm responsible for the preparation of the"As-Built"Engineering Drawings. Signature 1 I Kent City Council Meeting Date October 17, 2006 Category Other Business 1. SUBJECT: CEDAR POINTE REZONE (QUASI-JUDICIAL) 2. SUMMARY STATEMENT: The proposed ordinance relates to land use and zoning, specifically the rezoning of two parcels totaling 5 7 acres of property from SR-4.5 (Single Family Residential), to SR-6 (Single Family Residential) The property is located at 25213, 25401 and 25231 136`h Avenue SE The Kent Hearing Examiner held a Public Hearing on September 6, 2006, and issued Findings, Conclusions, and a Recommendation for approval on September 20, 2006. After a brief presentation from the City Attorney, staff will provide a presentation on this rezone application. 3. EXHIBITS: Ordinance, Hearing Examiner Findings, Conclusions and Recommendation; Staff Report with map; and Mitigated Determination of Nonsigmficance 4. RECOMMENDED BY: Hearing Examiner (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds to acr.�/reject/ the Findings, Conclusions and Recommendation of the Hearing Examiner on the Cedar Pointe Rezone DISCUSSION: ACTION: Council Agenda Item No. 7A i t 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 5.7 acres of property located at 25213, 25401 and 25231 136"' Avenue Southeast, from SR-4.5 (Single-Family Residential, 4.5 units per acre) to SR-6 (Single-Family Residential, 6 units per acre). (Cedar Pointe Rezone, #RZ-2006-1). RECITALS A. An application was filed on January 12, 2006, to rezone approximately 5.7 acres of property located at 25213, 25401 and 25231 136th Avenue Southeast, in Kent, Washington, from the current zoning of SR-4.5 (Single-Family Residential, 4.5 units per acre) to SR-6 (Single-Family Residential, 6 units per acre). (Cedar Pointe Rezone, #RZ-2006-1). B. The City's SEPA responsible official issued a Mitigated Determination of Nonsignificance (MDNS) (#ENV-2005-68) for the proposed rezone on June 8, 2006. C. A public hearing on the rezone was held before the hearing iexaminer on September 6, 2006. On September 20, 2006, the hearing examiner issued findings and conclusions that the Cedar Pointe 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 Cedar Pointe 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 Cedar Pointe Rezone. E. On October 17, 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 Cedar Pointe Rezone from SR-4.5 to SR-6. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Rezone. The property located at 25213, 25401 and 25231 136`h Avenue Southeast, in Kent, Washington consisting of approximately 5.7 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-6 (Single-Family Residential, 6 units per acre). The City of Kent zoning map shall be amended to reflect the rezone granted above. SECTION 2. - Severability. If any one or more sections, sub-sections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. - Effective Date. This ordinance shall take effect and be in force five (5) days from and after its publication as provided by law. SUZETTE COOKE, MAYOR 2 Cedar Pointe Rezone i i ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of October, 2006. APPROVED: day of October, 2006. PUBLISHED: day of October, 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-CedarPointe doc 3 Cedar Pointe Rezone ■ LAND USE HEARING EXAMINER • Theodore P. Hunter i KEN T Hearing Examiner W A S M I N G T O N FINDINGS, CONCLUSIONS AND RECOMMENDATION FILE NO: CEDAR POINTE Rezone #RZ-2006-1, KIVA #2060207 APPLICANT: Randy Goodwin 11290 SE 294th Street 1 Auburn, WA 98092 RE UEST: A request to rezone two parcels totaling 5.7 acres, from SR- 4.5 Single Family Residential to SR-6, Single Family Residential. LOCATION: 25213, 25401 and 25231 136th Avenue SE Kent, Washington APPLICATION FILED: January 12, 2006 MITIGATED DETERMINATION I OF NONSIGNIFICANCE ISSUED: June 8, 2006 (#ENV-2005-68) HEARING DATE: September 6, 2006 DECISION ISSUED: September 20, 2006 iRECOMMENDATION: APPROVED STAFF REPRESENTATIVE: Sharon Clamp, Planner TESTIMONY: The following testified under oath: Sharon Clamp, City Planner Mark Jones, Duncan Wilson, Bill Williamson, Attorney at Law, provided information on behalf of the Applicant EXHIBITS: 1 Staff File w/ attachments: A. Staff Report for September 6, 2006 Hearing Examiner Hearing, dated August 30, 2006 B. Rezone Application, dated January 12, 2006 findings, Conclusions and Recommendation Hearing Exam/ner for the City of Kent Cedar Pointe Rezone #RZ-2006-1, KIVA #2060207 Page 1 of 9 C. Correspondence a. Heather Glen Estates Residents and Property Owners Petition to Reject the Proposed Cedar , Pointe Rezone, dated March 2, 2006 b. Letter from Lynn M. Neubert to Charlene Anderson, City Planning Manager, dated August 27, 2006 c. Letter from Mark Jones and Neighboring Property Owners to the City of Kent, received by the City June 21, 2006 d. Letter from Michael Sharp to Charlene Anderson, City Planning Manager, dated March 3, 2006 e. Letter from Mike Webby to Sharon Clamp, Planner, dated March 1, 2006 f. Letter from Katherine M. Cullman to the City of Kent, dated September 6, 2006 g. Letter from Bruce and Kelly Yahr to the City of Kent, dated September 5, 2006 h. Letter from Stacie and Dan Ito to the City of Kent, dated September 2, 2006 D. City of Kent Department Routing Memorandum E. Public Notice documents, including Affidavit of Notice, Notice of Public Hearing, and mailing list F. Notice of Completeness; Notice of Application G. Mitigated Determination of Non-Significance (MDNS) dated June 8, 2006 and Environmental Checklist 2. Cedar Pointe Site plan, Sheets 1 and 2 of 2 3. Cedar Pointe Conceptual Drainage Plan, Sheet 1 of 1 4. Technical Information Report for Cedar Pointe, revised January 11, 2006 5. City of Kent Neighborhood Traffic Control Program, City Public Works Department The Hearing Examiner enters the following Findings and Conclusions based upon the testimony and exhibits admitted at the open record hearing: FINDINGS 1. Bill Williamson, on behalf of Randy Goodwin (the Applicant), requested a zoning map amendment to rezone two parcels from SR-4.5 (Single-Family Residential, maximum density 4.53 dwelling units per acre) to SR-6 (Single-Family Residential, maximum Findings, Conclusions and Recommendation Hearng Examiner for the City of Kent Cedar Pointe Rezone #RZ-2006-1, KIVA #2060207 Page 2 of 9 density 6.05 dwelling units per acre).' The two parcels include approximately 5.7 acres and are located at 25213, 25401 and 25231 136th Avenue SE, Kent, Washington, just south of the Meridian Valley Country Club and north of Lake Meridian! Exhibit 1, Attachment A, p. 2; Exhibit 2, Sheet 1, Cedar Pointe Site Plan, 2. The Applicant submitted an application to rezone the subject properties on January 12, 2006. The City of Kent (City) published notice of the application (Application #RZ-2006- 1, KIVA 2060207) on February 17, 2006. The City published notice of the associated public hearing in the local newspaper on August 25, 2006, posted notice on the subject property on August 25, 2006, and mailed notice to all owners of property within 300 feet of the subject property. Exhibit 1, Attachment E; Exhibit 1, Attachment F. 3. The City of Kent acted as lead agency for review of environmental impacts caused by the rezone proposal and caused by the related subdivision proposal.3 The City considered rezone environmental impacts together with subdivision environmental impacts, and issued a Mitigated Determination of Nonsignificance (MDNS) for both proposals on June 8, 2006. 4 The MDNS proposed no conditions to mitigate rezone impacts but proposed two conditions to mitigate subdivision impacts. The MDNS was not appealed. Testimony of Ms Clamp; Exhibit 1, Attachment A, page 4; Exhibit 1, Attachment G. The two parcels subject to the rezone proposal, parcels 2222059018 and ' The Applicant submitted an application to rezone the subject site on January 12, 2006 (#RZ-2006-1 1 KIVA# 2060207). The Applicant also submitted an application to subdivide the subject site on November 22, 2005 (#SU-2005-15 KIVA#2054670). Because the Hearing Examiner must make a recommendation to the City Council on the rezone and a decision on the subdivision, the Hearing Examiner will issue a recommendation on the rezone, and the decision on the subdivision will be contingent upon action of the Council on the rezone. See KCC 2.32.090 (C) (1) and KCC 2.32.090 (A) (1) (d)) 2 The subject properties are also identified by King County tax parcel numbers 2222059018 and 2222059052. The subject properties' legal description is provided on the preliminary plat associated with this rezone request. Exhibit 1, Attachment A,page 2; Exhlbit2, Sheet 1. 3 A bifurcated environmental review process is appropriate under certain circumstances, including when a rezone is not directly attached to a particular development proposal filed with the City. Detailed project plan preparation may be costly, so a developer may wish to obtain a rezone decision prior to submitting detailed project plans. However, in this case the developer has already submitted a complete preliminary plat application. 4 The City Planner testified that the City reviewed rezone environmental impacts concurrently with subdivision environmental impacts, to determine whether an environmental impact statement would be required. See Testimony of Ms. Clamp. The Washington Supreme Court endorsed this combined threshold review process when it found impacts of a specific development proposal can be a useful yardstick to measure rezone impacts See OtizensAlltance v Auburn 126 Wn.2d. 356, 365(1995). Combined threshold review is consistent with KCC 12.01 030(D), is a more efficient use of City, applicant and public resources, and promotes SEPA policies. See 126 Wn.2d at366("The SEPA rules underscore flexIbdity and gauge the level of detail according to the proposal at issue'q. Findings, Conclusions and Recommendation Hearing Examiner for the Crty of Kent Cedar Pointe Rezone #RZ-2006-1, KIVA #2060207 Page 3 of 9 2222059052, are currently zoned SR-4.5, Single Family Residential. A third parcels to be developed along with the subject property-is currently zoned SR-6, due to an August 2004 rezone from its former SR-4.5 zoning designation. See Wiren, #RZ-2004-1. The proposed subdivision would include parcel 2222059148 and the west 75 feet of parcel 2222059018.6 Only the east 206 feet of parcel 2222059018 would not be part of the subdivision proposal. In sum, Applicant would subdivide 8.94 acres into 44 single-family lots. If the rezone request were approved, applying the SR-6 land use designation to parcels included in the subdivision request would allow for the development of 54 single- family lots on the subject properties. Only 46 single-family lots would be allowed under the combined current land use designations of SR-4.5 for parcels 2222059018 and 2222059052 and SR-6 for parcel 2222059148. The Applicant's subdivision request is to construct 44 single-family lots on the subject properties. Exhibit 1, Attachment A, pages , 2-3; Exhibit 2, Sheet 1. 4. Public comments raised concerns that the proposed rezone of the subject properties from SR-4.5 to SR-6 would permit development detrimental to the surrounding neighborhood. Members of the public also voiced a related concern that the rezone would enable development inconsistent with surrounding homes. Some properties adjacent to the rezone proposal site to the north and south are zoned SR-4.5, and contain platted subdivisions, single family dwellings, and a golf course. Other properties adjacent to the proposed rezone site are zoned SR-6, and contain platted subdivisions and single family dwellings. Most areas of residential development within City limits are zoned SR-6. The subject site is located immediately east of the Heather Glen and Tahoma Vista subdivisions and immediately west of the Country Club subdivision and future Canary Hill subdivision. Heather Glen and the Country Club subdivisions are zoned SR-4.5, Single Family Residential. The City rezoned Tahoma Vista from SR-4.5 to SR-6 effective August 2003 (#RZ-2002-5) and rezoned the site of the future Canary Hill subdivision from SR-4.5 to SR-6 effective March 2006 (#RZ-2005-8) The City Comprehensive Land Use Map designates the subject properties and the surrounding properties in all directions as SF-6, Single Family Residential! The SF-6 designation would allow development of up to 6 dwelling units per acre. See City Comprehensive Plan, Land Use Element, page 4-54. The Washington Growth Management Act (GMA) requires that the City fashion development regulations to implement its Comprehensive Plan. RCW 36.70A.040. Thus, the proposed rezone allowing up to 6.05 units/acre 'The third parcel is identified as tax parcel number 2222059148 (3.97 acres). Exhibit 1, Attachment A, pages 2-3. 6 The Applicant proposed a lot line adjustment to incorporate the west 75 feet of parcel 2222059018 (25213 136th Avenue SE). Exhibit 1,Attachment A, page 2. The subject properties were annexed to the City on July 1, 1997 as part of the 891-acre Meridian Valley annexation (Ordinance No. 3344). The SR-4.5 zoning designation and SF-6 Comprehensive Plan designation was established upon annexation. The City Council maintained the SF-6 Comprehensive Plan designation and the SR-4.5 zoning through the 2004 and May 2006 Comprehensive Plan Update. Exhibit 1,Attachment A, page 3 Findings, Conclusions and Recommendation Hearing Examiner for the City of Kent Cedar Pointe Rezone #RZ-2006-1, KIVA #2060207 Page 4 of 9 would be compatible with the Comprehensive Plan and with surrounding residential development. Exhibit 1, Attachment A, pages 3, 13; Testimony of Ms. Clamp, Exhibit 1, Attachment C ("Cullman Letter'); Exhibit 1, Attachment C ("Heather Glen Estates Resldents'Petltlon'; 'Jones Letter; "Sharp Letter',' and "Webby Letter'). 5. Members of the public also expressed concern that the proposed rezone would enable higher density development, which would lower area property values and negatively impact area residents' quality of life. Value and quality of life would be lowered, residents argued, due to the increased traffic and public safety risk associated with the proposed subdivision development. The City responded that the rezone, by itself, would have no adverse traffic impacts, and that any associated subdivision development must occur in compliance with City road standards that ensure motorist and pedestrian safety. The City would also condition its approval of any associated subdivision on the development of a Traffic Impact Study and/or payment of traffic mitigation fees to mitigate any adverse traffic impacts of proposed subdivision development. Exhibit 1, Attachment A, pages 4-6, 14; Exhibit 1, Attachment C ("Heather Glen Residents' Petition; "Neubert Letter'; 'Jones Letter' "Sharp Letter',' "Webby Letter', "Schell Letter'); Exhibit 1, Attachment G; Testimony of Mr. Jones; Testimony of Ms. Clamp. 6. At the public hearing, Mr. Wilson raised a concern that the City had not analyzed whether the proposed rezone would be necessary to meet the City's 20-year growth target, expressed as City Comprehensive Plan Goal LU-9. The City Comprehensive Plana contains the following goals and policies relevant to the rezone application. iGoal H-2: Promote the organization and enhancement of neighborhoods, and provide the opportunity for comfortable and well-maintained housing for all citizens. Policy H-2.7: Continue to utilize regulatory measures to control impacts of residential development on the environment and on water quality. . . Goal LU-9: Provide adequate land and densities to accommodate the adopted 20 year housing target of 4,284 new dwelling units within existing city limits . Policy LU-9.1: Where appropriate, establish urban residential densities of at least four (4) units per net developable acre in order to adequately support urban densities. 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. a See City of Kent 2004 Comprehensive Plan, last revised May 2006. Findings, Conclusions and Recommendation Hearing Examiner for the City of Kent Cedar Pointe Rezone #RZ-2006-1, KIVA #2060207 Page 5 of 9 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 TR-1.2: Coordinate new commercial and residential development in r 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. 7. The City testified that the proposed rezone furthers these goals and policies by promoting higher density neighborhood housing development to limit environmental impacts, to help meet the 20-year housing target, and to provide employment, shopping, transit, transportation, and human and community services. The proposed rezone would provide for higher density in-fill development of underdeveloped property to limit additional urban sprawl. The proposed rezone would also provide for sufficient dwelling units per acre- a 6.05 units/acre maximum- to ensure sufficient urban service provision. The proposed subdivision enabled by the rezone would be located near existing urban services and infrastructure, including public streets9, Water District 111 public water system, Soos Creek Water and Sewer District sanitary sewer system, emergency services, child care, neighborhood shopping and the commercial areas along Kent-Kangley Road. The proposed subdivision enabled by the rezone would provide for single-family homes on lots ranging from 5,700 ftz to 9,653 sq.ft., all located near the commercial areas. The proposed rezone would not generate additional trips onto the existing transportation system. But development of the subdivision enabled by the proposed rezone would add 44 PM peak hour trips to the local street system. Exhibit 1, Attachment A, pages 4-6 9-14; Exhibit 2, Sheet 1; City Comprehensive Plan (last updated May 2006), Testimony of Mr. Wilson; Testimony of Mr. Williamson. 8. Under Comprehensive Plan Policy H-2.3, a goal of the City is to promote a healthy community by providing an appropriate mix of housing styles and choices that allow for different types of housing from neighborhood to neighborhood. See City Comprehensive Plan (last updated May 2006), Housing Element, Integrated and Healthy Community Goals and Policies, page 6-11. Moreover, according to the Washington State Legislature, the public interest is furthered by encouraging higher density in-fill 9 132nd Avenue SE, SE 256th Street, 136d'Avenue SE, SE 253rd Place, and SE 253`d Street would serve the proposed subdivision enabled by the Applicant's proposed rezone. Exhibit 1, Attachment A,pages 4-6. Findings, Conclusions and Recommendation Hearing Examiner for the City of Kent Cedar Pointe Rezone #RZ-2006-1, KIVA #2060207 Page 6 of 9 1 development to reduce urban sprawl. See GMA 36.70A.020 (2). The proposed rezone would enable higher density single-family home development than that existing in the Heather Glen and Country Club subdivisions. The proposed rezone would thus contribute to making a variety of housing styles and choices available to City citizens, in compliance with the City Comprehensive Plan and in furtherance of a healthy community. City Comprehensive Plan (last updated May 2006); Exhibit 1, Attachment A, pages 11-12. 9. Circumstances have changed since the City established the current zoning district. The parcels subject to the Applicant's rezone request were annexed to the City on July 1, 1997 as part of the Meridian Valley annexation (Ordinance No. 3344). Upon annexation I in 1997, zoning for the subject parcels was set at SR-4.5 Single Family Residential, consistent with existing land use patterns. In 2004 and in May 2006, the City of Kent updated its Comprehensive Plan, which designates the subject parcels as SR-6 Single Family Residential.10 Beginning in 2003, the City Council approved rezones from SR-4.5 to SR-6 for 14.6 acres in the subject parcels' immediate vicinity." The City also oversaw completion of significant area roadway infrastructure improvements since the 1997 annexation.12 The infrastructure and zoning changes in the area of the subject parcels represent changed circumstances since the City established the current SR-4.5 zoning district governing the subject parcels. Exhibit 1, Attachment A, page Is; Gly Comprehensive Plan (last updated May 2006), Testimony of Ms. Clamp. 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. tCriteria for Review Kent Zoning Code Section 15.09.050(C) 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: 10 The City updated its Comprehensive Plan by Ordinance No. 3698, effective August 19, 2004, and by Ordinance Nos. 3794 -3797, effective May 4, 2006 City Comprehensive Plan (last updated may 2006). 11 SeeTahoma Vista, RZ-2002-5, effective August 2003; Wiren, RZ-2004-1, effective August 2004; Canary Hill, RZ-2005-8, effective March 2006 Exhibit 1, Attachment A, page IS 12 The improvements occurred at SE 256th Street between 132nd Avenue SE and 116`h Avenue SE, 132nd Avenue SE near the Wilson Ball Fields at approximately SE 2515t Street to SE 240th Street, and the SE 272/277th Street Corridor. Exhibit 1, Attachment A, page IS. Findings, Conclusions and Recommendation Hearing Examiner for the City of Kent Cedar Pointe Rezone #RZ-2006-1, KIVA #2060207 Page 7 of 9 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. Conclusions Based on Findings 1. The proposed rezone is consistent with the Comprehensive Plan. The Comprehensive Plan designates the parcels subject to the proposed rezone and all surrounding properties as SF-6, which would allow development of up to 6 dwelling units/acre. The proposed rezone would allow development of up to 6.05 dwelling units/acre, consistent with the Comprehensive Plan SF-6 designation. The additional density allowed by the rezone would also support the policies of the Comprehensive Plan. Findings Nos. 1, 4, 5, 7, 8. 2. The proposed rezone and subsequent development of the site would be ' compatible with development in the vicinity. Existing and authorized land uses in the vicinity of the site are single-family residential. The Tahoma Vista subdivision to the west and the future Canary Hill subdivision to the east are zoned for residential development at the same density as requested by the Applicant, SR-6 Single Family Residential. Other properties adjacent to the parcels subject to the rezone request are zoned SR-4.5, Single Family Residential. Future development of the subject parcels would be compatible with existing and planned development in the vicinity of subject property. Findings 5 and 7. 3. The proposed rezone would not unduly burden the transportation system in the vicinity of the property with significant adverse impacts that cannot be mitigated. The rezone itself would not generate any traffic. The traffic impact of future development of the subject property would be mitigated through a Traffic Impact Study and payment of traffic mitigation fees. Finding No. 6. 4. Circumstances have changed substantially since the establishment of the current zoning district. For the City to grant the Applicant's rezone request, the Applicant must demonstrate 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. Parknd-ge v. 5eatt/e, 89 Wn.2d 454 (1978). A variety of factors can signal a change in circumstances, including: changes in public opinion, Findings, Conclusions and Recommendation Hearing Examiner for the City of Kent Cedar Pointe Rezone #RZ-2006-1, KIVA #2060207 Page 8 of 9 changes in local land use patterns, and changes on the property itself. Biarnson V. Kltsap County 78 Wn. App. 840, 846 (1995). The proposed rezone is supported by changes in surrounding residential zoning and development to conform to the SF-6 Comprehensive Plan designation. Findings No. Sand 9. 5. The proposed rezone would not adversely affect the health, safety and general welfare of the citizens of the City of Kent. Only residential development would be allowed on the parcels subject to the rezone request under the existing or proposed zone. The City Identified no adverse Impacts attributable to the proposed rezone during its environmental review process The proposed rezone would further City Comprehensive Plan goals and policies, especially by providing an appropriate mix of 1 housing styles and choices that would allow for different housing types from neighborhood to neighborhood. Findings Nos. 2, 5, 7, S. IRECOMMENDATION Based upon the preceding Findings and Conclusions, the Hearing Examiner recommends that I the application for a rezone of King County Tax Parcel number 2222059018 and 2222059052 from SR-4.5 to SR-6 be APPROVED. DATED this 20th day of September 2006. 1 THEODORE PAUL HUNTER Hearing Examiner S:\Permit\Plan\rezone\2006\2060207-2006-lfindings.doc Findings, Conclusions and Recommendation Hearng Examiner for the City of Kent Cedar Pointe Rezone #RZ-2006-1, KIVA #2060207 Page 9 of 9 COMMUNITY DEVELOPMENT Fred N. Satterstrom, Director 46* PLANNING SERVICES KEN T Charlene Anderson, AICP, Manager Phone- 253-856-5454 >� Fax: 253-856-6454 Address* 220 Fourth Avenue S. Kent,WA 98032-5895 KENT PLANNING SERVICES 253-856-5454 STAFF REPORT 1 FOR HEARING EXAMINER MEETING OF SEPTEMBER 6, 2006 FILE NO- CEDAR POINT #SU-2005-15 KIVA 2054670 #RZ-2006-1 KIVA 2060207 APPLICANT: Randy Goodwin 11290 SE 294`h Street Auburn, WA 98092 REQUEST: A request to rezone two parcels totaling 5.7 acres and then subdivide a total of 8.94 acres consisting of three separate tax parcels into 44 single family residential lots. The rezone proposal would change the current zoning of two parcels from SR-4.5 Single Family Residential to SR-6, Single Family Residential. The City's Comprehensive Plan Map designates all parcels which are the subject of these applications as SF-6, Single Family. STAFF REPRESENTATIVE: Sharon Clamp, Planner STAFF L RECOMMENDATION: Rezone: APPROVAL Subdivision: APPROVAL WITH CONDITIONS I. GENERAL INFORMATION IA. Description of the Proposal The applicant proposes to rezone 5.7 acres and then subdivide 8.94 acres 1 consisting of three separate tax parcels into 44 single family residential lots. A single family residence, detached garage, barn, two sheds and a lean-to are Staff Report Cedar Point Rezone and Subdivision #RZ-2006-1 KIVA #RPP4-2060207 #SU-2005-15 KIVA #RPP3-2054670 currently located on the site, all of which will be removed. The proposed subdivision has been configured to meet the standards of the SR-6 zoning district. This site contains a portion of a 25-foot buffer from a Category 3 wetland located in the adjacent Tahoma Vista plat to the west. The buffer is located in the southwest portion of the property and shall be protected in accordance with Kent City Code Section 11.06, including recording a sensitive area easement or deeding the property to the City for preservation of wetland function and values. A copy of the delineation is located in the Public Works Department, Engineering Division, in Wetland File No. 02-23. A Wetland Boundary Verification Letter approved by the City of Kent on December 20, 2005 is also located in Wetland File No. 05-36. The subdivision will create five tracts. Four separate private access tracts will be constructed to serve lots 3 and 4, lots 10 and 11, lots 22, 23, 24, and lot 25. A 32,705 square foot detention tract will also be created. The subdivision will take access from both 132nd Avenue SE and SE 256th Street. The proposed subdivision will include the development of new public residential streets connecting SE 253`d Place with 136th Avenue SE, connecting SE 253`d Street with SE 252"d Street, and connecting 136th Avenue SE with both SE 253`d Place and SE 253`d Street. These new public residential streets include curbs, gutters, sidewalks, landscaping and streetlights. Roadway improvements to include curbs, gutters, sidewalks, landscaping and streetlights will also be made along the property frontage of 136th Avenue SE. It should also be noted that 136th Avenue SE will be improved from SE 253`d Place south to SE 256th Street in conjunction with the development of the Canary Hill Subdivision located southeast of the proposed development. B. Location The subject properties are located at 25213, 25401 and 25231 136th Avenue SE and are identified by King County tax parcel numbers 2222059018, 2222059148, and 2222059052. C. Size of Property The two properties which are the subject of the rezone request total 5.7 acres. A lot line adjustment is proposed to incorporate the west 75 feet of tax parcel 2222059018 (25213 1361h Avenue SE) into the subdivision proposal. The east 206 feet of parcel 2222059018, although a part of the rezone request, is not a part of the subdivision proposal, and the single family residence on that parcel Page 2 of 34 1 i Staff Report Cedar Point Rezone and Subdivision #RZ-2006-1 KIVA #RPP4-2060207 #SU-2005-15 KIVA #RPP3-2054670 will remain. The total area to be subdivided into 44 single family lots is 8.94 acres. D. Zoning/Comprehensive Plan Parcels 2222059018 and 2222059052 are currently zoned SR-4.5, Single Family Residential Parcel 2222059148 (3.97 acres) is currently zoned SR-6 and was rezoned from its former zoning designation of SR-4.5 effective August 2004 (ref. Wiren, #RZ-2004-1). Adjacent properties in all directions are zoned both SR-4.5 and SR-6. A 4.84 acre parcel adjacent to the west was rezoned from SR-4.5 to SR-6 effective August 2003 (ref. Tahoma Vista, #RZ-2002-5) and two parcels totaling 5.8 acres adjacent to the east/southeast were rezoned from SR-4.5 to SR-6 effective March 2006 (ref. Canary Hill, #RZ-2005-8). The surrounding properties in the area are a mixture of platted subdivisions and single family dwellings on large lots. ' The City of Kent Comprehensive Land Use Map designates the subject properties along with surrounding properties in all directions as SF-6, Single Family Residential, 6 units per acre. 1 Utilizing gross acreage, the SR-6 zoning designation would allow for the development of 54 single family lots as opposed to 46 lots under the combined existing designations of SR-4.5 for parcels 2222059018 and 2222059052 and SR- 6 for parcel 2222059148. The proposed subdivision request is for 44 lots. E. Land Use The subject site is located immediately east of the Heather Glen and Tahoma Vista subdivisions and immediately west of the Country Club subdivision and future Canary Hill subdivision which is currently in the civil construction review stage of development. F. History The subject properties were annexed to the City of Kent on July 1, 1997 as part of the 891 acre Meridian Valley annexation (Ordinance No. 3344). The zoning designation of SR-4 5 and Comprehensive Plan designation of SF-6 was established upon annexation. During the 2004 update of the City's Comprehensive Plan, the Kent City Council maintained the SR-6 Comprehensive Plan designation and the SR-4.5 zoning designation for this area of Kent. Page 3 of 34 Staff Report Cedar Point Rezone and Subdivision #RZ-2006-1 KIVA #RPP4-2060207 #SU-2005-15 KIVA #RPP3-2054670 A tentative subdivision meeting was held on July 14, 2005 where City staff and the applicant discussed likely conditions of approval associated with this project. II. ENVIRONMENTAL CONSIDERATIONS A. Environmental Assessment The applicant's SEPA application requested analysis for both the proposed rezone t and 44-lot subdivision. A Mitigated Determination of Nonsignificance (#ENV-2005-68) was issued on June 8, 2006. No conditions were proposed for the rezone portion of the SEPA application. Two conditions were applied to the subdivision proposal, and the specific subdivision proposal is dependent upon Kent City Council approval of the rezone application. B. Significant Physical Features Topography, Wetlands and Vegetation The project site is described as rolling with maximum slopes of 12%. A portion of the 25 foot buffer from a Category 3 wetland located within the Tahoma Vista subdivision located to the west of the site extends onto the west portions of proposed Lots 1 and 3 of Cedar Point. No additional sensitive areas were found on the site. Deciduous and evergreen trees, shrubs and grass have been identified on the subject site and are scattered around the site in a manner that will likely require some tree removal to allow for future roadway and home development. The applicant shall submit a survey of significant on-site trees and, as part of civil construction plan review, be required to submit and receive approval of a detailed tree plan that shows trees to be retained. C. Significant Social Features t 1. Street System The proposed development project is located within the East Hill area of the City and will take its primary access from 132"d Avenue SE and from SE 2561h Street. The first public street, 132"d Avenue SE, has an existing public right-of-way width of about 80 feet while the asphalt street width is currently about 22 to 24 feet wide. The existing street provides for two lanes of traffic, but does not include any of the following other improvements: cement concrete curbs and gutters; stormwater drainage system; cement concrete sidewalks; or an approved street lighting system. Page 4 of 34 Staff Report Cedar Point Rezone and Subdivision #RZ-2006-1 KIVA #RPP4-2060207 #SU-2005-15 KIVA #RPP3-2054670 The second off-site public street, SE 256"' Street, has an existing right-of- way of about 60 feet, while the asphalt street width is currently about 24 to 26 feet wide. This existing street provides for two lanes of traffic, but does not include any of the following other improvements: cement concrete curbs and gutters; stormwater drainage system, cement concrete sidewalks; or a street lighting system. A public street having frontage along the subject development is 136cn Avenue SE. This street has an existing public right-of-way width that varies from about 26 feet to about 42 feet. The existing asphalt street width is currently about 24 feet and the gravel portion of the street is about 10 feet wide The existing street provides for one or two narrow lanes of traffic, but does not include the following other improvements: cement concrete curbs and gutters; a stormwater drainage system; cement concrete sidewalks, and a street lighting system except along the east side of that portion of the street having frontage along the Country Club Village Division 2 subdivision. ' Another public street that will serve the subject development is SE 253rd Place. This street has an existing public right-of-way width of about 49 feet, while the asphalt street width is currently about 26 feet wide. The existing street provides for two lanes of traffic, and includes the following other improvements: cement concrete curbs and gutters; stormwater drainage system; cement concrete sidewalks; and a substandard street lighting system. Another public street that will serve the subject development is SE 253rd Street. This off-site street has an existing public right-of-way width of about 42 feet, while the asphalt street width is currently about 24 feet wide. The existing street provides for two narrow lanes of traffic, and includes the following other improvements: cement concrete curbs and gutters; stormwater drainage system; cement concrete sidewalks; and a street lighting system. The existing asphalt pavement section of this portion of these streets 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 trips being generated by this proposal. Southeast 253rd Place is classified as a Residential Street within 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, plus Page 5 of 34 j Staff Report Cedar Point Rezone and Subdivision #RZ-2006-1 KIVA #RPP4-2060207 #SU-2005-15 KIVA #RPP3-2054670 in-street parking strips; cement concrete curbs and 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. SE 253`d Street is classified as a Residential Street within 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, plus in-street parking strips; cement concrete curbs and 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. 136`" Avenue Southeast is classified as a Residential Street within 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; cement concrete curbs and 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. 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 off-site sidewalks/walkways to provide safe travel for school-age pedestrians to and from the closest school bus stop for Meridian Elementary School. 2. Water System All homes within the proposed plat will be connected to the public water system provided by Water District 111. 3. Sanitary Sewer System All homes within the proposed plat will be connected to the public sanitary sewer system provided by the Soos Creek Water and Sewer District. Page 6 of 34 i 1 Staff Report Cedar Point Rezone and Subdivision #RZ-2006-1 KIVA #RPP4-2060207 #SU-2005-15 KIVA #RPP3-2054670 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: Economic Development Director Police Department Public Works Department Fire Department Parks & Recreation Director City Clerk City Attorney Kent School District I U.S. Post Master WA State Dept. of Ecology King Co. Wastewater Treatment Puget Sound Energy King Co. Environmental Health Qwest 1 King Co. Transit Division Washington State Dept. of Transportation In addition to the above, all persons owning property located within 300 feet of the site were notified of the public hearing. Several public comments letters were received regarding these applications and are a part of the record. A comment letter was received from William C. Schell on March 2, 2006; Mike Webby on March 3, 2006; Michael and Rebecca Sharp and 16 of their neighbors on March 3, 2006; and Mark Jones and his neighbors from 44 different addresses on June 21, 2006. To summarize, the comments concerned higher density, small lot sizes and the affect on existing home values, traffic impacts to include cut through traffic, roadway connectivity, emergency access, and air quality and noise during construction of the subdivision. Citizens are also concerned specifically with the traffic impacts at the intersection of SE 256th and 139th Avenue SE which is within 50 yards of the school cross-walk for Meridian Elementary School. In response to the comments opposing the proposed roadway connectivity of public subdivision streets, Kent City Code Section 12.04.025, item A under the definition of "connectivity" states that subdivision streets should connect through, except where impractical. In addition, Kent City Code Section 12.04.635.6 states that no subdivision shall be approved unless adequate provisions for the connectivity of streets, alleys, and pedestrian access ways are made. It should be noted that roadway connectivity more Page 7 of 34 Staff Report Cedar Point Rezone and Subdivision #RZ-2006-1 KIVA #RPP4-2060207 #SU-2005-15 KIVA #RPP3-2054670 efficiently distributes traffic and provides multiple accesses for both residents and emergency services. Responding to citizen concerns about unwanted cut through traffic, the City of Kent Transportation Engineering Manager commented that the dominant flow of the PM peak hour (4-6 p.m.) traffic near the site flows to the south on 132"d Ave SE and then east on SE 256th Street. Cut through traffic during these times would require motorists to make two left turns into and out of subdivision roads at uncontrolled points along 132Id Avenue SE and SE 256th Street, and most motorists are unlikely to perform this maneuver. Therefore, any cut through traffic that might occur would likely be during the AM peak hour which is 7-9 AM. The current AM peak hour level of service (LOS) is "D" with an approximate 40 second delay per vehicle. Computerized transportation models were run and show that with new development the LOS is maintained at "D" with a 39 second delay per vehicle, which is achieved with retiming the traffic signals. During the PM peak hour at this same intersection the transportation models show a current level of service, LOS E, with a 66 second delay per vehicle. With new development and retiming of the traffic signal the level of service remains at LOS E with a 56 second delay per vehicle. The City of Kent offers a Neighborhood Traffic Control program which citizens can utilize if they have concerns about traffic safety in their neighborhoods. The City will provide program packets at the public hearing for interested citizens. More information regarding this program is also available on the City's web site at www.ci.kent.wa.us/transportation/ntc(mdex.asp. Information on the web site includes a description of the program, possible solutions, how citizens can get started with the program. The web site also provides Inks to a Citizen Action Request Form and the Neighborhood Speed Watch Program. In response to citizen concerns regarding the intersection of SE 256th Street and 140th Avenue SE, the City's Transportation Manager commented that this intersection may someday warrant a traffic signal; however, additional data will need to be compiled to see if the intersection meets warrants. New residential development north and west of this intersection would not have a significant contribution to the traffic through this intersection. It should also be noted that a new traffic signal at the school would generate cut through traffic from neighborhoods to the south of SE 256d' Street in the neighborhoods north of Lake Meridian causing additional traffic through this intersection and creating a cut through traffic issue for residents living in the neighborhoods located to the north of the lake. The City reviewed the collision data along SE 256th Street in the vicinity of this proposed development and the street intersections brought up by the adjacent neighbors. Between January 1, 2001 and June 30, 2005 in the portion of SE 2561h Street between 1381h avenue SE and 140th Avenue SE there have been three (3) reported collisions, all of which were rear-end type. Page 8 of 34 i Staff Report Cedar Point Rezone and Subdivision #RZ-2006-1 KIVA #RPP4-2060207 #SU-2005-15 KIVA #RPP3-2054670 Regarding dust and noise during construction of the subdivision, developers are required to control dust generated during construction activities on all lots by wetting dust sources such as areas of exposed sods, washing of truck wheels before they leave the site, and installing and maintaining gravel construction entrances off the public rights-of- way. Construction track-out on public rights-of-way is a violation subject to fines from the Department of Ecology, the City of Kent and/or the Puget Sound Clean Air Agency. Kent City Code Section 8.05.110 allows a daytime exemption for residential noise levels between 7 a.m. and 10:00 pm. Many of these comments are also addressed in the staff analysis of this report where appropriate. Development regulations and ordinances adopted by the Kent City Council 1 which apply to road and street improvements, school and traffic mitigation fees, water and sewer availability, stormwater management, and the preservation and protection of sensitive areas are in place to protect the general welfare of the community. 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 and rezone supports several goals and policies in the Land Use element, most notably goals LU-1 and LU-10, and policies LU 1.1, LU 9.1, LU 9.4, and 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 ' 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. IPage 9 of 34 Staff Report Cedar Point Rezone and Subdivision #RZ-2006-1 KIVA #RPP4-2060207 #SU-2005-15 KIVA #RPP3-2054670 The proposed rezone of the property from SR-4.5 to SR-6 is also consistent with the Comprehensive Plan map designation of SF-6. LAND USE ELEMENT The Land Use Element of the plan contains a Land Use Plan Map, which designates the type and intensity of land uses throughout the city, as well as in the entire potential annexation area. The Land Use Plan Map designates the subject property as SF-6, Single Family Residential which allows six units per 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. Goal 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 Area to accommodate the level of household growth , projected to occur in the next 20 years. 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 r 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-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. Page 10 of 34 Staff Report Cedar Point Rezone and Subdivision #RZ-2006-1 KIVA #RPP4-2060207 #SU-2005-15 KIVA #RPP3-2054670 Planning 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 gross density of approximately 4.9 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 Kent Kangley Road. 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 objectives of the comprehensive plan is to provide a wide variety of housing 1 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-6 allows 6.05 dwelling units per acre and a minimum lot size of 5,700 square feet. HOUSING ELEMENT 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. 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-2.3: 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. Page 11 of 34 I Staff Report Cedar Point Rezone and Subdivision #RZ-2006-1 KIVA #RPP4-2060207 #SU-2005-15 KIVA #RPP3-2054670 Policy H-5.2: Provide a sufficient amount of land zoned for current and projected residential needs including, but not limited to, assisted housing, housing for low income households, single family housing, and small lot sizes. ' Policy H-5.3: Promote diversity of housing types affordable to a range of income levels and cultural/ethnic diversity. Goal H-7: Encourage flexibility and innovative site and building design for a variety of housing developments to expand home ownership. Policy H-7.5: Revise zoning and development standards to provide options that increase the supply of affordable home ownership opportunities such as small lot sizes, zero lot lines, manufactured housing, townhouses, condominiums, clustering, cottage and attached single-family housing. 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. I Page 12 of 34 � i Staff Report Cedar Point Rezone and Subdivision #RZ-2006-1 KIVA #RPP4-2060207 #SU-2005-15 KIVA #RPP3-2054670 IPlanning 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-6 Single Family Residential. The Public Works Department has 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. IB. Zoning Code 1. Feasibility of Development If the proposed rezone from SR-4.5 to SR-6 Single Family Residential is approved, development on all lots in the proposed subdivision will be subject to Zoning Code requirements in the SR-6, Single Family Residential zoning district. All proposed lots within the subdivision meet the minimum lot size and width requirements for the SR-6, Single Family Residential district. Numerous significant trees are located on the site. Zoning regulations encourage the retention of significant trees where roads, utilities, and site improvements are not proposed. Tree retention plans will be required for the plat and development of each lot where trees are located (per KCC Section 15.08.240). 2. Criteria for Granting a Request for Rezone IThe 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. a. The proposed rezone is consstent with the Comprehensive Plan. Planning Services Comment The Comprehensive Plan Land Use Plan Map designates the subject property as SF-6, Single Family Residential which allows up to six units per acre. A rezone of the site from SR-4.5 Single Family Residential to SR-6 Single Family Residential will allow residential development up to 6.05 units per acre, which is consistent with the Kent Comprehensive Plan. As previously discussed, the proposed rezone is also consistent with the applicable goals and policies of the Comprehensive Plan. Page 13 of 34 1 Staff Report r Cedar Point Rezone and Subdivision #RZ-2006-1 KIVA #RPP4-2060207 #SU-2005-15 KIVA #RPP3-2054670 b. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. Planning Services Comment ' The proposed rezone and subsequent single family residential development of the site would be compatible and integrate well with the existing development in the vicinity. Development in the immediate vicinity is a mix of platted subdivisions and single family homes on large parcels with further development potential zoned SR-4.5 and SR-6, Single Family Residential. This subdivision proposes to create 44 residential lots at a net density of 7.2 units per acre. This density of residential development is sufficient to support existing local urban services. 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. Planning Services Comment ' A rezone of this property to SR-6 Single Family Residential will not generate additional trips onto the existing transportation system. However, subsequent development of a proposed 44-lot subdivision will add 44 PM peak hour trips to the local street system. Upon development of the site, road and street frontage improvements to meet the City of Kent roadway standards will be required as conditions of approval. These improvements include curb, gutter, sidewalks, planting strips, street lighting, paving, and public stormwater conveyance. The applicant will be also be required to participate in other City transportation improvement projects by providing an environmental mitigation fee for the impacts created by development. d. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone. Planning Services Comment The subject parcels were annexed to the City of Kent on July 1, 1997 as part of the 891 acre Meridian Valley annexation (Ord. 3344). In 2004 the City of Kent updated its Comprehensive Plan which designates this area as SF-6 Single Family Residential. Along with the Land Use Plan Map and Policies, the plan also contains a target for the ' Page 14 of 34 t Staff Report Cedar Point Rezone and Subdivision #RZ-2006-1 KIVA #RPP4-2060207 #SU-2005-15 KIVA #RPP3-2054670 1 number of new households the City must accommodate for the 20-year time horizon of the plan. The GMA also states the City's development regulations must implement, and be consistent with the Comprehensive ' Plan This proposal, which seeks to establish 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. Upon annexation in 1997, zoning for the area was set at SR-4.5 which was consistent with existing land use patterns and represented what was actually built at that time. At the time of annexation the comprehensive plan designation was set at SF-6, single family residential 6 dwelling units per acre. Since that time the Kent City Council has approved rezones from SR-4.5 to SR-6 for a total of 14.6 acres in the immediate area (ref. Tahoma Vista RZ-2002-5, effective 8/03; Wiren RZ-2004-1, effective 8/04; and Canary Hill RZ-2005-8, effective 3/06). Also since annexation in 1997 significant improvements to roadway infrastructure serving this general area were completed. These improvements include SE 256th Street between 132nd Avenue SE and 116th Avenue SE, 132"d Avenue SE near the Wilson Ball Fields at approximately SE 251s' Street to SE 240th Street, and the SE 272/277th Street Corridor. e. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the Gty of Kent. Planning Services Comment The proposed rezone is consistent with the vision 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. ' C. Standards for Granting a Subdivision 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 Page 15 of 34 i Staff Report r Cedar Point Rezone and Subdivision #RZ-2006-1 KIVA #RPP4-2060207 #SU-2005-15 KIVA #RPP3-2054670 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). ' No subdivision shall be approved unless the following principles of acceptability are met; the subdivision shall: 1. 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; 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: ' Page 16 of 34 t Staff Report Cedar Point Rezone and Subdivision #RZ-2006-1 KIVA #RPP4-2060207 #SU-2005-15 KIVA #RPP3-2054670 ' 1. Appropriate provisions have been made for: a. The public health, safety and general welfare of the community; The proposed plat is consistent with the Comprehensive Plan designation of SF-6. The proposed density and lot dimensions are consistent with the SR-6 zoning district, as proposed through this application. b. Protection of environmentally sensitive lands and habitat; An environmental checklist was submitted and reviewed by the City which identified environmental impacts associated with this rezone and subdivision proposal. No environmentally sensitive lands or habitats were identified on the site. However, a portion of the 25 foot buffer associated with an off-site Category 3 wetland extends onto the west edge of proposed Lots 1 and 3. This buffer will be protected in accordance with Kent City Code Chapter 11.06. 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; To mitigate the impacts of this proposal on parks and recreation, the applicant will be required to pay a fee in lieu of dedication of land pursuant to KCC 12.04.780. The fee in lieu of a dedication of five percent for open space parkland is $29,913 based on 2006 tax assessment records from the King County Assessors office. e. Neighborhood tot lots and play areas; Provisions for these areas will be accomplished by the fee paid under section d. above. Lf. Schools and school grounds; The subject property lies within the Kent School District. Pursuant to KCC 12.13.160, a school impact fee will be assessed in Page 17 of 34 Staff Report r Cedar Point Rezone and Subdivision #RZ-2006-1 KIVA #RPP4-2060207 #SU-2005-15 KIVA #RPP3-2054670 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 conveyance system. h. Stormwater Detention; An on-site public detention/retention stormwater pond system in accordance with Kent Construction Standards will be required to mitigate for potential impacts to both stormwater runoff quantity and quality. The City of Kent Public Works Department has reviewed the ' incremental increase in impervious area and determined the proposed stormwater system to be adequate. 1. 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 two new , proposed public subdivision streets and along the property frontage on 136`h Avenue SE. The proposed road configuration allows for the connection of sidewalks on the new subdivision streets with sidewalks in the adjacent existing subdivisions. j. Connectivity of streets or roads, alleys, pedestrian accessways, and other public ways within and between subdivisions and neighborhoods; The proposed development will create two new public internal subdivision streets which will provide roadway connectivity with existing public right-of-way at four separate locations. Roadway connectivity more efficiently distributes traffic and provides multiple accesses for both residents and emergency services. SE 252nd Street will be extended from the existing subdivision of ' Page 18 of 34 t Staff Report Cedar Point Rezone and Subdivision ' #RZ-2006-1 KIVA #RPP4-2060207 #SU-2005-15 KIVA #RPP3-2054670 Tahoma Vista east and then south connecting with the intersection of SE 253rd Street and 1361h Avenue SE. SE 253rd Place will be extended from the existing subdivision of Heather Glen east also connecting with 136`h Avenue SE. In addition, the west side of 1361h Avenue 5E will be improved along the site's entire property frontage with curb, gutters, sidewalks, landscape planter strips, additional asphalt pavement, street lights, and a stormwater conveyance system. Off site, from the end of the frontage improvements on 136`h Avenue SE to SE 2561h Street the applicant will be required to install additional asphalt pavement a minimum of 20 feet wide. k. Transit stops; Mass transit service is provided at this site by King County METRO. The nearest park and ride facilities are located on 132"d Avenue SE at 272"d Street and at 124d' Avenue SE at SE 256th Street. ' I. Potable water supplies; All homes within the proposed plat will be connected to water service provided by Water District 111. M. Sanitary wastes; All homes within the proposed plat will be connected to sanitary sewer service provided by the Soos Creek Water and Sewer District. n. Other public utilities and services, as deemed necessary: Power and natural gas lines will be installed during plat ' construction. Garbage service will be established by the individual residents. 1 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, Page 19 of 34 Staff Report Cedar Point Rezone and Subdivision #RZ-2006-1 KIVA #RPP4-2060207 #SU-2005-15 KIVA #RPP3-2054670 inundation, or wetland conditions; slope, or sod stability and/or capabilities. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat. , 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 on land zoned SR-6, Single Family Residential, 2. Level of Development Allowed The proposed subdivision of approximately 8.94 acres into 44 budding sites is consistent with the designated Comprehensive Plan designation of ' SF-6 Single Family/6 units per acre and with the zoning designation of SR-6 (pending the outcome of RZ-2006-1). 3. Adequacy of Infrastructure , The proposed subdivision will place increased demands on existing , transportation, water and sanitary sewer systems in the general vicinity. The project will also result in a significant net increase of impervious surface area among the two parcels involved. When fully developed, the , impact of 44 new homes being occupied will result in an estimated 440 daily and 44 new PM peak hour trips to the local street system. 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 SEPA process and ' the 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. Page 20 of 34 Staff Report Cedar Point Rezone and Subdivision #RZ-2006-1 KIVA #RPP4-2060207 #SU-2005-15 KIVA #RPP3-2054670 ' 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-6, Single Family Residential, 6 units per acre maximum density. 2. Portions of the site are currently zoned, SR-4.5, Single Family Residential. If RZ-2006-1 is approved, the entire site will be zoned SR-6, Single Family Residential. Under the SR-6 zoning, the site will be subject to the development standards which include 5,700 square foot minimum lot size and 50 foot minimum lot width. t3. Land uses in the vicinity are varying density single family residential. ' 4. A Tentative Plat meeting was held for the proposed subdivision on July 141 2005 (TSU-2005-15). ' S. A Mitigated Determination of Nonsignificance was issued for the proposed rezone and plat on June 8, 2006 (#ENV-2005-68). 6. There are significant trees of six inch or greater caliper located on the property. ' 7. The site has access to SE 256`h Street and 132 Avenue SE. 8. The subject property will receive water service from Water District 111. ' 9. The subject property will receive sewer service from the Soos Creek Water and Sewer District. ' V. CITY STAFF RECOMMENDATIONS 1. ZONING MAP AMENDMENT (#RZ-2006-1) 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 Cedar Point rezone. ' Page 21 of 34 Staff Report Cedar Point Rezone and Subdivision #RZ-2006-1 KIVA #RPP4-2060207 #SU-2005-15 KIVA #RPP3-2054670 2. PRELIMINARY SUBDIVISION (#SU-2005-15) ' Based on the merits of this request and the code criteria for granting a preliminary subdivision, staff recommends APPROVAL of the proposed Cedar Point preliminary plat subject to the following conditions: A. GENERAL CONDITION OF APPROVAL 1. Approval of this subdivision as proposed is conditioned upon Kent City Council approval of the associated proposed rezone of the subject parcel from SR-4.5 to SR-6; file number RZ-2006-1. B. PRIOR TO RECORDING 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 , 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 of engineering drawings from the Department of Public Works, and shall then either construct or bond for the following: a. A public gravity sanitary sewer system to serve all lots. This development will be served by the Soos Creek Water ' and Sewer District and will be constructed to Soos Creek Water and Sewer District standards and specifications. Page 22 of 34 Staff Report Cedar Point Rezone and Subdivision ' #RZ-2006-1 KIVA #RPP4-2060207 #SU-2005-15 KIVA #RPP3-2054670 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. b. A public water system meeting domestic and fire flow ' requirements for all lots. This development will be served by Water District #111 and will be constructed to Water District #111 standards and specifications. 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 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. (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 Planning Services 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. ' Page 23 of 34 Staff Report Cedar Point Rezone and Subdivision #RZ-2006-1 KIVA #RPP4-2060207 , #SU-2005-15 KIVA #RPP3-2054670 (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/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. (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) Roof downspouts for each roofed structure (house, garage, carport, etc.) shall be directed to a Roof , Downspout Infiltration System meeting the requirements of Section C.2, flow Control BMP's , in Appendix C to the King County Surface Water Design Manual. These roof downspout conveyance and infiltration systems shall include overflow pipes connected to an approved dispersion system. The , Drainage Plans will include an approved detail for the Roof Downspout Infiltration System. The face of the recorded plat shall contain the following ' restriction: AS A CONDITION OF BUILDING PERMIT ISSUANCE, RESIDENCES CONSTRUCTED ON LOTS OF THIS , SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT INFILTRATION SYSTEMS PER DETAILS SHOWN ON THE APPROVED PLANS. ' (7) If determined necessary by the Public Works Department following review and approval of the , required downstream analysis, the Owner Page 24 of 34 ' Staff Report Cedar Point Rezone and Subdivision #RZ-2006-1 KIVA #RPP4-2060207 #SU-2005-15 KIVA #RPP3-2054670 /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 Gty arbonst 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-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 Cily 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: (1) These plans will include provisions for utilities, ' roadways, retention/ detention ponds, stormwater treatment facilities, and a building footpad for each lot. Page 25 of 34 Staff Report ' Cedar Point Rezone and Subdivision #RZ-2006-1 KIVA #RPP4-2060207 ' #SU-2005-15 KIVA #RPP3-2054670 (2) These plans shall be designed to eliminate the ' need for processing several individual Grading Permits upon application for Building Permits. (3) These plans will use a 2-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 Cityof 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. Interim Street Improvement Plans for 136`h Avenue Southeast. These Interim Street Improvement Plans shall , meet the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochures #6-2, Private and Public Street Improvements, , and # 6-8, Street Improvement Plans, for a street designated as a Residential Street within the City of Kent Comprehensive Plan. Initial guidance for the necessary ' interim street improvements is given below: (1) Along the property frontage only: Combined , vertical concrete curbs and gutters, a 5-foot wide planter strip, and a 5-foot cement concrete sidewalk along the west side of the street. ' (2) Where there is at least 50-feet of public right-of- way along the property frontage: A minimum of 28- feet of Hot Mix Asphalt (HMA) pavement as , measured from the constructed face of curb along the east side of the street to the face of new vertical curb constructed along the west side of the street. Where there is less than 50-feet of public right-of- ' way along the property frontage: A minimum of 20- feet of HMA pavement as measured from the vertical face of curb constructed along the west , Page 26 of 34 ' Staff Report Cedar Point Rezone and Subdivision ' #RZ-2006-1 KIVA #RPP4-2060207 #SU-2005-15 KIVA #RPP3-2054670 ' side of the street to the edge of the traveled lane on the east side of the street, except where additional pavement width is required by the Fire ' Marshal for emergency vehicle access. Off-site from the subdivision to Southeast 256`h ' Street: A minimum of 20-feet of HMA pavement as measured from the edge of pavement constructed along the west side of the street to the edge of the traveled lane on the east side of the street, except where additional pavement width is required by the Fire Marshal for emergency vehicle access. All of the HMA pavement width specified above shall be provided with a 20-year service life as determined by the process identified in the Gty of Kent Development Assistance Brochure #6-2, Private and Public Street Requirements ' (3) The curb return radii at the intersection with Southeast 253rd Street shall match the existing curb return constructed at the southeast corner of that intersection ' (4) 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 the Home Owner's Association created for this subdivision. ' (5) Public stormwater conveyance, detention and treatment facilities as applicable. ' (6) Street Trees installed within the 5-foot wide planting strips constructed between the back of curb and the ' front of the cement concrete sidewalk. 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. 1 Page 27 of 34 Staff Report Cedar Point Rezone and Subdivision #RZ-2006-1 KIVA #RPP4-2060207 , #SU-2005-15 KIVA #RPP3-2054670 g. Interim Street Improvement Plans for Southeast 253rd Place. These Interim Street Improvement Plans shall meet ' applicable sections of the City of Kent Construction Standards, and City of Kent Development Assistance ' Brochures #6-2, Private and Public Street Improvements, and # 6-8, Street Improvement Plans, for a street designated as a Residential Street within the City of Kent ' Comprehensive Plan. Initial guidance for the necessary interim street improvements is given below: (1) Combined vertical concrete curbs & gutters, a 5- ' foot wide planter strip, and a 5-foot cement concrete sidewalk along the both sides of the street. (2) A minimum of 28-feet of HMA pavement as , measured from the vertical face of curb constructed along the north side of the street to the vertical face of curb constructed on the south ' side of the street. All of the HMA pavement width specified above ' shall be provided with a 20-year service life as determined by the process identified in the City of Kent Development Assistance Brochure #6-2, ' Private and Public Street Requirements (3) Curb return radii at the intersection with 136 h ' Avenue SE shall be 20 feet. (4) 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 ' the Home Owner's Association created for this subdivision. (5) Public stormwater conveyance, detention and ' treatment facilities as applicable. (6) Street Trees installed within the 5-foot wide , planting strips constructed between the back of curb and the front of the cement concrete sidewalk. These Street Trees will be located as ' Page 28 of 34 t Staff Report Cedar Point Rezone and Subdivision #RZ-2006-1 KIVA #RPP4-2060207 #SU-2005-15 KIVA #RPP3-2054670 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. h. Street Improvement Plans for the new public Residential Street connected to SE 253 d Street and connecting to the new street constructed in the Tahoma Vista subdivision at the western property line of this development. The Street Improvement Plans for this street shall be designed in conformance to the requirements for a 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 Development Assistance Brochure # 6-8, Street Improvement Plans for a street 28-feet wide. Initial guidance for these street improvements is given below: e (1) Combined vertical curb and gutter, a 5-foot wide planting strip constructed between the back of curb and the front of the sidewalk, and then a 5-foot wide cement concrete sidewalk along both sides of the street. (2) A minimum of 28-feet of Hot Mix Asphalt (HMA) pavement, as 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 the Home Owner's Association created for this subdivision. (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 this residential street with 136`h Avenue SE. Page 29 of 34 Staff Report Cedar Point Rezone and Subdivision #RZ-2006-1 KIVA #RPP4-2060207 #SU-2005-15 KIVA #RPP3-2054670 (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. i. Street Improvement Plans for the Private Residential Streets shown to be connected to the new public streets and terminating with a permanent cul-de-sac bulb, or approved turnaround at their 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 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) A minimum of 20-feet of Hot Mix Asphalt (HMA) pavement, measured from edge of pavement to edge of pavement, or from face of vertical curb to face of vertical curb, except where the Fire Marshal requires additional pavement width for emergency vehicle access. (2) 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. (3) A private stormwater drainage system, including provisions for conveyance, detention, and treatment facilities where applicable. (4) This private street will connect to the public street system with a Residential Concrete Driveway Approach conforming to the minimum requirements of Standard Detail 6-5(a). The minimum design inside radii for the driveway approaches serving all Page 30 of 34 Staff Report Cedar Point Rezone and Subdivision #RZ-2006-1 KIVA #RPP4-2060207 #SU-2005-15 KIVA #RPP3-2054670 private streets shall be 30-feet unless otherwise approved by the Department of Public Works. (5) This private streets will conform to the minimum horizontal and vertical alignment and safe stopping sight distances requirements for a public Residential Street. (6) Fire Lanes will be marked as directed by the City Fire Marshal. (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. j. Street Light Plans for all public streets meeting the requirements of the City of Kent Construction Standards, and Gtv 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 all private streets, and which lots will be served by those private streets. 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 those private streets. ' 6. 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 for this subdivision development. 7. The Owner/Subdivider shall submit and receive approval for a Detailed Tree Plan, meeting the requirements of the Kent Zoning Page 31 of 34 Staff Report Cedar Point Rezone and Subdivision #RZ-2006-1 KIVA #RPP4-2060207 #SU-2005-15 KIVA #RPP3-2054670 Code, and City of Kent Development Assistance Brochure #3, 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. 8. The Owner/Subdivider shall permanently protect the approved and preserved, and/or enhanced, or created wetland(s) and it's buffer(s) by creating a separate Sensitive Area Tract and deeding the tract in fee simple to the City, OR by granting a Sensitive Area Easement to the City for the entire sensitive area, in conformance to the requirements of the City of Kent Wetlands Management Code. This Sensitive Area Tract or Easement shall be consistent with the wetland and wetland buffer map contained within the approved Wetland Delineation Report and/or approved Wetland Mitigation Plan as appropriate. The Owner/Subdivider shall provide a legal description of said easement or tract prepared by a licensed land surveyor, prior to issuance of any Construction Permits. The Sensitive Area Tract and the following language shall be included on the face of the recorded plat: SENSITIVE AREA TRACTS / EASEMENTS DEDICATION OF A SENSITIVE AREA TRACT/EASEMENT CONVEYS TO THE PUBLIC A BENEFICIAL INTEREST IN THE LAND WITHIN THE TRACT. THIS INTEREST INCLUDES THE PRESERVATION OF NATIVE VEGETATION FOR ALL PURPOSES THAT BENEFIT THE PUBLIC HEALTH, SAFETY AND WELFARE, INCLUDING CONTROL OF SURFACE WATER AND EROSION, MAINTENANCE OF SLOPE STABILITY, VISUAL AND AURAL BUFFERING, AND PROTECTION OF WATER QUALITY, PLANT ECOLOGY AND WILDLIFE HABITAT. THE SENSITIVE AREA TRACT/EASEMENT IMPOSES UPON ALL PRESENT AND FUTURE OWNERS AND OCCUPIERS OF THE LAND SUBJECT TO THE TRACT / EASEMENT THE OBLIGATION, ENFORCEABLE ON BEHALF OF THE PUBLIC BY THE CITY OF KENT, TO LEAVE UNDISTURBED ALL TREES AND OTHER VEGETATION WITHIN THE TRACT. THE VEGETATION WITHIN THE TRACT MAY NOT BE CUT, PRUNED, COVERED BY FILL, REMOVED OR DAMAGED WITHOUT APPROVAL IN WRITING FROM THE CITY OF KENT. THE COMMON BOUNDARY BETWEEN THE TRACT/EASEMENT AND THE AREA OF DEVELOPMENT ACTIVITY MUST BE MARKED OR OTHERWISE FLAGGED TO THE SATISFACTION OF THE CITY OF KENT PRIOR TO ANY CLEARING, GRADING, BUILDING CONSTRUCTION OR OTHER DEVELOPMENT ACTIVITY THE REQUIRED MARKING OR FLAGGING Page 32 of 34 Staff Report Cedar Point Rezone and Subdivision #RZ-2006-1 KIVA #RPP4-2060207 #SU-2005-15 KIVA #RPP3-2054670 SHALL REMAIN IN PLACE UNTIL ALL DEVELOPMENT ACTIVITIES IN THE VICINITY OF THE SENSITIVE AREA TRACT ARE COMPLETED. NO BUILDING FOUNDATIONS, STRUCTURES, FILL OR OBSTRUCTIONS (INCLUDING, BUT NOT LIMITED TO DECKS, PATIOS, OUTBUILDINGS AND OVERHANGS) ARE ALLOWED WITHIN 15 FEET OF THE SENSITIVE AREA TRACT/EASEMENT BOUNDARY, UNLESS OTHERWISE APPROVED BY THE CITY THE CITY OF KENT RESERVES THE RIGHT TO INSTALL PUBLIC UNDERGROUND UTILITIES WITHIN THIS SENSITIVE AREA TRACT, AND TO ENTER AND PERFORM DRAINAGE SYSTEM MAINTENANCE, BUT IS REQUIRED TO RESTORE OR ENHANCE THE SENSITIVE AREAS DISTURBED UPON THE COMPLETION OF THE UNDERGROUND CONSTRUCTION, AND/OR DRAINAGE SYSTEM MAINTENANCE. 9. After construction, the wetland buffer areas shall be isolated from intrusion by placing a wildlife passable split-rail cedar fence along the entire wetland buffer edge. In addition, Wetland Information Signs approved by the Department of Public Works shall be placed at the wetland buffer edge to inform and educate owners and nearby residents about the value of wetlands. Fencing and signage shall be consistent with KCC 11.06.630. 10. Prior to release of any construction bonds, and prior to the approval of any Budding 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-Build 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. 11. The owner/applicant shall sign a No-Protest LID Covenant for their proportional costs of future traffic claming on SE 253'd Street and 1391h Avenue SE to the east of the subject property. The need, timing and actual traffic calming measures to be implemented, if any, shall be determined through participation in the City's Neighborhood Traffic Management Program. The proportional costs are defined as the ratio of the number of lots in the subject proposal to the total number of lots abutting SE 252"d/253rd Street and 139th Avenue SE between 132,d Avenue SE and SE 2561h Street. 12. The owner/subdivider shall construct or bond for mailbox clusters Page 33 of 34 Staff Report Cedar Point Rezone and Subdivision #RZ-2006-1 KIVA #RPP4-2060207 #SU-2005-15 KIVA #RPP3-2054670 per the standards and at locations approved by the Public Works Department and the Kent U.S. Postmaster. 13. The parks fee in lieu of dedication shall be paid in the amount of $29,913 prior to recording the subdivision. 14. The owner/subdivider shall submit applications to the City of Kent for review and approval to remove or otherwise relocate all buildings on the site. C. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT ON ANY LOT IN THIS SUBDIVISION, THE OWNER / SUBDIVIDER SHALL: 1. Record the Plat. 2. Pay the Environmental Mitigation Fee for that lot. 3. Construct all of the improvements required above. 4. Submit and receive City approval for As-Built Drawings meeting the requirements of City of Kent Development Assistance Brochure #E-1, As-Build Drawings, for street improvements, stormwater management system, street lighting system, and other off-site improvements where determined necessary by the City. KENT PLANNING SERVICES August 30 , 2006 SC•ch•S•\Permit\Plan\longplats\2005\2054670-2005-15staffrpt doc f Page 34 of 34 SE 248TH ST MERIDIAN VALLEY 250 COUNTRY CLUB SE 25 t ST SE 25JRp � SE 256TH ST . <U ^ ��K n LAKE r Ap MERIDIAN b 516 li u Q 42 w 40 36 U —'36 as y Ara -r +s.M.e.�..+. s...J.....n A. 5 1 .• � �mac" 5 APPLICATION NAME- CEDAR POINTE iREQUEST: #RZ-2006-1 AND SU-2005-15 VICINITY AND SITE MAP • KENT WA5HINGT0_N CITY OF KENT MITIGATED DETERMINATION OF NONSIGNIFICANCE Environmental Checklist No #ENV-2005-68 Project CEDAR POINTE REZONE #RPSA-2054699 AND SUBDIVISION Description The applicant is proposing a Zoning Map Amendment(Rezone)from SR-4.5 to SR-6 for two parcels totaling 5.7 acres and preliminary subdivision approval for a total of 8.94 acres to be subdivided into 44 single family residential lots, one stormwater tract, and two new public road tracts along with frontage improvements to 136th Avenue SE. A lot line adjustment is proposed to incorporate the west 75 feet of tax parcel 2222059018 (25213 136th Avenue SE) into the subdivision proposal. Existing structures on the site proposed for subdividing will be removed The east 206 feet of parcel 2222059018, although a part of the rezone request, is not a part of the subdivision proposal, and the single family residence on that parcel will remain. The subject parcels are encumbered with a wetland buffer from the adjacent Tahoma Vista Plat to the west. Location The subject properties are located at 25213, 25401,and 25231 136th Avenue SE and are identified by King County tax parcel numbers 2222059018, 2222059148, and 2222059052 Applicant Shupe Holmberg Baima & Holmberg Inc 100 Front Street S Issaquah WA 98027 Lead Agency CITY OF KENT 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 submitted by June 22, 2006 Responsible Official Kim Marousek, AICP Position/Title SEPA OFFICIAL Address 220 S. Fourth Avenue, Kent, WA 98032 Telephone: (253) 856-5454 Dated June 8, 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. Mitigated DNS Cedar Point Rezone &Plat #ENV-2005-68 #2054669 CONDITIONS/MITIGATING MEASURES: 1. The Applicant 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 required above and then providing the mitigation measures identified in the approved study, the Owner/ Subdivider may instead pay an Environmental Mitigation Fee to participate in, and 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$52,332 (1986 dollars to be adjusted for rezones; and 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 39 new PM Peak Hour Trips (at the half-rate of $1068 per Peak Hour Trip), and upon 5 new PM Peak Hour Trips(at the full-rate of$2136 per Peak Hour Trip), and the capacity of the South 272nd Street/ South 277th Street Corridor. a. The final benefit value will be determined based upon the first 39 new lots approved upon the final plat multiplied times$1068 (in 1986 dollars and adjusted for inflation as described above), plus any additional lots multiplied times $2136 (in 1986 dollars and adjusted for inflation as described above.) b. The Owner of each lot shall pay their pro-rated share of $1189.36 (in 1986 dollars and adjusted for inflation as described above) in full prior to issuance of a Budding Permit for that lot C. The payment of said Environmental Mitigation Fee and the traffic related conditions given within this document, will serve to mitigate traffic impacts to the above mentioned intersections and road system by committing funding for the South 277th Street/South 272nd Street Corridor which is providing additional capacity for traffic volumes within the area of the above mentioned development. 2. The Applicant shall submit and receive approval of Pedestrian Walkway Improvement Plans from the Department of Public Works. The Applicant shall then construct those improvements. These plans shall provide for a 6-foot wide vertically separated asphalt walkway conforming to Standard Detail 6- 60, or a 5-foot wide horizontally separated cement concrete sidewalk, from the end of the 5-foot wide sidewalk to the sidewalk/asphalt walkway system serving Meridian Elementary School. At the sole discretion of the Department of Public Works,the Owner/Subdivider may instead pay a regional sidewalk improvement mitigation fee in the amount of$1500 per gross acre to the School Pedestrian Walkways Fund (fund #R20036). 2of3 Mitigated DNS Cedar Point Rezone&Plat #ENV-2005-68 #2054661 S1mS:\Permit\Plan\Env\2005\2054669mdns doc CERTIFICATE OF POSTING I, Kim Marousek, 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 Kim Marousek,AICP, Responsible Official i f I i r L 3of3 Kent City Council Meeting Date October 17, 2006 Category Other Business 1. SUBJECT: RUST REZONE (QUASI-JUDICIAL) 2 SUMMARY STATEMENT: The proposed ordinance relates to land use and zoning, specifically the rezoning of one parcel totaling 86 acres of property from SR-4.5 (Single Family Residential), to SR-6 (Single Family Residential) The property is located at 12722 SE 256"' Street. The Kent Hearing Examiner held a Public Hearing on September 6, 2006, and issued Findings, Conclusions, and a Recommendation for approval on September 20, 2006. The City Attorney will make a brief presentation, to be followed by a staff report. 3. EXHIBITS: Ordinance; Hearing Examiner Findings, Conclusions and Recommendation, Staff Report with map; and Mitigated Determination of Nonsigmficance 4. RECOMMENDED BY: Hearing Examiner (Committee, Staff, Examiner, Commission, etc.) 5. FISCAL IMPACT Expenditure? No Revenue? No Currently in the Budget? Yes No If no: Unbudgeted Expense: Fund Amount $ Unbudgeted Revenue: Fund Amount $ 6. CITY COUNCIL ACTION: Counciimember d 9/l�/ moves, Councilmember seconds rto acGefWreject/Fnad -e the Findings, Conclusions and Recommendation of the Hearing Examiner on the Rust Rezone,and to rDISCUSSION- ACTION: 1C Council Agenda Item No 7B f 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 86 acres of property located at 12722 SE 256`h Street, from SR-4.5 (Single-Family Residential, 4.5 units per acre) to SR-6 (Single-Family Residential, 6 units per acre). (Rust Rezone, #RZ-2006-8). RECITALS A. An application was filed on May 3, 2006, to rezone approximately .86 acres of property located at 12722 SE 256`h Street, in Kent, Washington, from the current zoning of SR-4 5 (Single-Family Residential, 4.5 units per acre) to SR- 6 (Single-Family Residential, 6 units per acre). (Rust Rezone, #RZ-2006-8). B. The City's SEPA responsible official issued a Determination of Nonsignificance (DNS) (#ENV-2006-37) for the proposed rezone on July 24, 2006. C. A public hearing on the rezone was held before the hearing examiner on September 6, 2006. On September 20, 2006, the hearing examiner issued findings and conclusions that the Rust Rezone is consistent with the city's Comprehensive Plan; that the proposed rezone and subsequent development activity would be compatible with the development in the vicinity; that the proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts that cannot be mitigated; that circumstances have changed since the establishment of the current zoning district to warrant the 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. 1 Rust Rezone D. Based on these findings and conclusions, the hearing examiner recommended approval of the Rust Rezone. E. On October 17, 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 Rust Rezone from SR-4.5 to SR-6. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Rezone. The property located at 12722 SE 2561h Street, in Kent, Washington consisting of approximately .86 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-6 (Single-Family Residential, 6 units per acre). The City of Kent zoning map shall be amended to reflect the rezone granted above. SECTION 2. - Severability. If any one or more sections, sub-sections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. - Effective Date. This ordinance shall take effect and be in force five (5) days from and after its publication as provided by law. SUZETTE COOKE, MAYOR 2 Rust Rezone ATTEST: I BRENDA JACOBER, CITY CLERK iAPPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of October, 2006. APPROVED: day of October, 2006. PUBLISHED: day of October, 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. BRENDA JACOBER, CITY CLERK (SEAL) PA0vd\0rdinance\Rezone-Rust doc i i 3 Rust Rezone LAND USE HEARING EXAMINER • KE N T Theodore P. Hunter W A 5 H I N G T O N Hearing Examiner FINDINGS, CONCLUSIONS AND RECOMMENDATION L FILE NO: Rust Rezone #RZ-2006-8 KIVA #2062213 APPLICANT: Guy Libby Libby Builders, Inc. PO Box 1508 Maple Valley, WA 98038 RE UEST: Rezone property measuring .86 acre from SR-4.5, Single Family Residential, to SR-6, Single Family Residential. LOCATION: 12722 SE 256"' St. APPLICATION FILED: May 3, 2006 DETERMINATION OF NONSIGNIFICANCE ISSUED: July 24, 2006 HEARING DATE: September 6, 2006 RECOMMENDATION ISSUED: September 20, 2006 RECOMMENDATION: APPROVED jSTAFF REPRESENTATIVE: Lydia Moorehead, Planner TESTIMONY: Lydia Moorehead, Planning Services Paul Agar, for Applicant EXHIBITS: 1. Staff file, including the following: A. Staff Report dated August 30, 2006 B. Zoning Map Amendment Rezone Application C. Department Routing D. Public Notice Documents, including affidavits of notice, publication notice and mailing list E. Notice of Completeness; Notice of Application Findings, Conclusions and Recommendation Hearing Examiner for the City of Kent Rust Rezone #RZ-2006-8 KIVA #2062213 Page 1 of F. Mitigated Determination of Nonsignificance dated July 24, 2006 and Environmental Checklist The Hearing Examiner enters the following Findings and Conclusions based upon the testimony and exhibits admitted at the open record hearing: FINDINGS 1. The Applicant requested a zoning map amendment to rezone .86 acres from SR-4.5, Single Family Residential, to SR-6, Single Family Residential. The property is located at 12722 SE 256t' Street, Kent, WA, and identified by King County Tax Parcel number 2122059040. The property is currently developed with a single family home and detached garage.' Exhibit 1, Attachment A, Staff Report, pages 1, 2. 2. The subject property was annexed to the City of Kent on January 1, 1996. The ' property, along with the surrounding neighborhood, was zoned SR-4.5 at the time of annexation, based on the existing development and land use patterns. Exhibit 1, Attachment A, Staff Report, pages 2, 9; Testimony of Ms Moorehead. 3. Properties to the north, east, and west are zoned SR-4.5, Single Family Residential. Property to the south is zoned SR-6, Single Family Residential. The surrounding properties are generally developed with single family residences, at a medium density level. Exhibit 1, Attachment A, Staff Report, page 2; Testimony of Ms. Moorehead. 4. It is the purpose of the single-family residential districts, including the SR-6 zone desired by the Applicant, to stabilize and preserve single-family residential neighborhoods, as designated in the comprehensive plan. It is further the purpose to provide a range of densities and minimum lot sizes in order to promote diversity and recognize a variety of residential environments. Kent City Code(KCC) 15.03.010. 5. The City of Kent Comprehensive Plan Land Use Map designates the subject property as SF-6.2 The SF-6 designation provides for six single family residential dwelling units per acre. Exhibit 1, Attachment A, Staff Report, pages 2, 5, 7, 8, and 9; Testimony of Ms Moorehead. 6. The City of Kent Comprehensive Plan contains the following goals and policies that are relevant to the rezone application: At this time,the Applicant has an approved three lot short plat application. The Applicant has indicated that if the rezone is approved, he will submit a plat alteration request to increase the number of lots. Exhibit 1, Attachment A, Staff Report,page 1. Z Page 4 of the Staff Report, Section IV (A) describes the Land Use Plan Map designation as SF-8. The City correct this typo in testimony at the hearing. The Land Use Plan Map designates the property as SF- 6. Testimony of Ms. Moorehead. Findings, Conclusions and Recommendation Hearing Examiner for the City of Kent Rust Rezone #RZ-2006-8 KIVA #2062213 Page 2 of 7 Overall Land Use Goal: Encourage a future growth and development pattern which implements the community's vision, protects environmentally sensitive areas, and enhances the quality of life of all of Kent's residents. LGoal LU-9: Provide adequate land and densities to accommodate the adopted 20 year housing target of 4,284 new dwelling units within the existing city limits, and through an interlocal agreement with King County, adopt the housing target of 619 new dwelling units within Kent's Potential Annexation Area. Policy LU-9.1: Where appropriate, establish urban residential densities of at least four (4) units per net developable acre in order to adequately support urban densities. Policy LU-9.4: Locate housing opportunities with a variety of densities within close proximity to employment, shopping, transit, and where possible, near human and community services. Goal LU-10: Provide opportunities for a variety of housing types, options, and densities throughout the City and the Potential Annexation Area to meet the housing needs of the region's changing demographics. Policy LU-10.4: Allow single family housing on a variety of lot sizes. Locate smaller lot sizes within close proximity to the Urban Center or Activity Centers wherever possible. Overall Housing Goal: Meet the current and future need for housing in r� the Kent area. Ensure opportunities and an appropriate living environment for Kent citizens. Goal H-2: Promote the organization an enhancement of neighborhoods, and provide the opportunity for comfortable and well maintained housing for all citizens. Policy H-2.2: Support housing with appropriate amenities for individuals, families and children. Goal H-5: Increase housing opportunities through a diversity of housing types and the innovative use of residential and commercial land. Policy H-5.1: Expand the range of affordable housing choice available to meet the needs of both current Kent residents and residents projected in growth estimates. Findings, Conclusions and Recommendation Hearing Examiner for the City of Kent Rust Rezone #RZ-2006-8 KTVA #2062213 Page 3 of 7 r Policy H-5.2: Provide a sufficient amount of land zoned for current and projected residential needs including, but not limited to, assisted housing, housing for low income households, single family housing, and small lot sizes. Policy H-5.3: Promote diversity of housing types affordable to a range of income levels and cultural/ethnic diversity. Goal H-7: Encourage flexibility and innovative site and building design for a variety of housing developments to expand home ownership. Policy H-7.5: Revise zoning and development standards to provide options that increase the supply of affordable home ownership opportunities, such as small lot sizes, zero lot lines, manufactured housing, townhouses, condominiums, clustering, cottage and attached single family housing. Goal TR-1: Coordinate land use and transportation planning to meet the needs of the City and the requirements of the Growth Management Act. Policy TR-1.2: Coordinate new commercial and residential development in Kent with transportation projects to assure that transportation facility capacity is sufficient to accommodate the new development, or a financial commitment is in place to meet the adopted standard within six years, before allowing it to proceed. Policy TR-1.5: Ensure consistency between land use and transportation plans so that land use and adjacent transportation facilities are compatible. The proposed rezone supports the land use goals and policies in that the property is located near existing urban services and infrastructure, limiting urban sprawl and allowing for increased pedestrian use. The development of single family subdivisions on less developed land would allow the accommodation of projected population growth without resorting to multifamily residential development. Exhibit 1, Attachment A, Staff Report, pages 5- 7. 7. Circumstances have changed since the City annexed the property and adopted the present zoning designation on January 1, 1996. Since annexation, the City has improved the 272"d/277th Street Corridor, located to the west of the property at issue, providing improved roadway connectivity and freeway access. The Growth Management Act mandates that the City's development regulations must implement and be consistent with the City's Comprehensive Plan. The property is designated SF-6 per the City's Comprehensive Plan, a designation in place since the annexation and reaffirmed in the Findings, Conclusions and Recommendation Hearing Examiner for the City of Kent Rust Rezone #RZ-2006-8 KIVA #2062213 Page 4 of 7 i 2004 Comprehensive Plan update. Exhibit 1, Attachment A, Staff Report, page 8; Testimony of Ms. Moorehead, Testimony of Mr. Agar. B. The proposed rezone, in and of itself, would not add traffic to the local to the local street system. However, the City determined that the associated short plat application will require that the development include frontage improvements, in particular improvements of the curb, gutter, sidewalk, planting strip, street lighting, paving, and storm drainage facilities, and the payment of a traffic mitigation fee. Exhibit 1, Attachment A, Staff`Report, pages 2, 8; Testimony of Ms Moorehead; Testimony of Mr. Agar. 9. The City of Kent acted as lead agency for review of environmental impacts caused by the proposal. The Applicant submitted an application for rezone of the subject site on May 3, 2006. The City issued a Mitigated Determination of Nonsignificance (MDNS) with no conditions included for the rezone on July 24, 2006. The MDNS was not appealed. The SEPA appeal period expired August 21, 2006. Exhibit 1, Attachment A, Staff Report, pages 2;Attachment F, MDNS. 10. Notice of the open record hearing was posted on the property, mailed to properties within 300 feet of the site, and published in King CountyJourna/in accordance with City ordinances. Exhibit 1, Attachment D. CONCLUSIONS Jurisdiction The Hearing Examiner has jurisdiction to hold an open record hearing on this quasi-judicial rezone and to issue a written recommendation for final action to the Council, pursuant to RCW 35A.63.170 and Chapters 2.32 and 15.09 of the Kent City Code. Criteria for Review Section 15.09.050(C) of the Kent Zoning Code sets forth the standards and criteria the Hearing Examiner must use to evaluate a request for a rezone. A request for a rezone shall only be granted if: ja. The proposed rezone is consistent with the comprehensive plan; b. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity; C. The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated; d. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone; Findings, Conclusions and Recommendation Hearing Examiner for the City of Kent Rust Rezone #RZ-2006-8 KIVA #2062213 Page 5 of 7 e. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the city. Conclusions Based on Findings 1. The proposed rezone is consistent with the Comprehensive Plan. The Comprehensive Plan designates the subject property as SF-6. The change in density, allowing up to six dwellings per acre, would bring the property into alignment with the Comprehensive Plan. Findings Nos. 3, 5, 6, and 7. 2. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. The properties to the north and west are platted for medium density development, while the properties to the south and east include large lots with development potential. Future development of the subject property would help accommodate population growth and would be compatible with existing and planned development in the vicinity. Findings Nos 2, 3, 4, and 7. 3. The proposed rezone would not unduly burden the transportation system in the vicinity of the property with significant adverse impacts that cannot be mitigated. The rezone itself would not generate any traffic. The traffic impact of the associated short plat application would be mitigated through frontage improvements and mitigation fees. Finding No. 8. 4. Circumstances have changed substantially 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. Parkndge v. Seattle, 89 Wn.2d 454 (1978). A variety of factors may be utilized 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 Win. App. 840, 846 (1995). The proposed rezone is supported by changes in surrounding development, in particular the roadway improvements along the 272nd/2771h Street Corridor and the update of the City of Kent Comprehensive Plan. Findings Nos. 2, 3, and 7. 5. The proposed rezone would not adversely affect the health, safety and t general welfare of the citizens of the City of Kent. No adverse impacts were identified during the environmental review process. Other then testimony by the City planner and the Applicant, there was no public comment on the rezone application at the public hearing. Findings Nos. 4, S, 7, 8, 9, and 11. Findings, Concluslons and Recommendation Hearing Examiner for the City of Kent Rust Rezone #RZ-2006-8 KfvA #2062213 Page 6 of RECOMMENDATION Based upon the preceding Findings and Conclusions, the Hearing Examiner recommends that the application for a rezone of King County Tax Parcel number 2122059040 from SR-4.5 to SR-6 be APPROVED. DATED this 20th day of September 2006. THEODORE PAUL HUNTER Hearing Examiner 5\Permit\Plan\rezone\2006\2062213-2006-Bfindings doc t t I T Findings, Conclusions and Recommendation Hearing Examiner for the City of Kent Rust Rezone #RZ-2006-8 KIVA #2062213 Page 7 of 7 COMMUNITY DEVELOPMENT Fred N. Satterstrom, Director PLANNING SERVICES Charlene Anderson, AICP, Manager KEN T Phone 253-856-5454 IW A S H I N 0 T 0 W Fax' 253-856-6454 Address- 220 Fourth Avenue S. Kent, WA 98032-5895 KENT PLANNING SERVICES (206) 856-5454 STAFF REPORT FOR HEARING EXAMINER MEETING OF SEPTEMBER 6, 2006 FILE NO: Rust Rezone #RZ-2006-8 KIVA# 2062213 APPLICANT: Guy Libby Libby Builders, Inc. PO Box 1508 Maple Valley, WA. 98038 RE UEST: A request to rezone a .86 acre site from SR-4.5, Single Family Residential to SR-6, Single Family Residential. STAFF REPRESENTATIVE: Lydia Moorehead, Planner STAFF RECOMMENDATION: APPROVAL I. GENERAL INFORMATION A. Description of the Proposal The applicant proposes to rezone .86 acres from the current zoning of SR-4.5, Single Family Residential to SR-6, Single Family Residential. B. Location The subject property consists of one parcel located at 12722 SE 25e Street. The property is identified by King County Tax Parcel number 2122059040. Staff Report Rust Rezone #RZ-2006-8 KIVA #2062213 C. Size of Property The property consists of one .86 acre parcel. ` D. Zonina/Comprehensive Plan The site is currently zoned SR-4.5, Single Family Residential. Zoning immediately adjacent to the site includes SR-4.5 to the north, east and west, and SR-6 to the south. The City of Kent Comprehensive Plan designates the site, together with the properties to the north, south, east and west, SF-6, Single Family six dwelling units per acre. Utilizing the gross acreage only, the proposed SR-6 zoning designation would j allow for the development of five detached dwelling units, as opposed to three dwelling units under the existing SR-4.5 designation. The applicant has an approved preliminary three lot short plat (SP-2005-18). If the rezone request is approved, the applicant intends to submit a plat alteration for an increased number of lots. E. Land Use The property is developed with a single family home and a detached garage. Surrounding development is predominately single family residential. Existing single family development in the area is generally characterized by medium density development on platted and unplatted lots. F. History r The property was annexed to the City of Kent on January 1, 1996 as part of the Meridian Annexation under Ordinance No. 3241. II. ENVIRONMENTAL CONSIDERATIONS A. Environmental Assessment A Determination of Nonsignificance (ENV-2006-37) for the rezone proposal was issued on July 24, 2006. No conditions for this rezone request were proposed. The SEPA appeal period expires on August 21, 2006. Page 2of9 Staff Report Rust Rezone #RZ-2006-8 KIVA #2062213 B. Significant Physical Features Topography. Wetlands and Vegetation The site slopes down to the southeast corner of the site with the steepest slope approximately 14 percent in grade. There are no sensitive areas on the site. C. Significant Social Features 1. Street System The site has frontage along SE 256"' Street. As a result of the associated I short plat conditions, future development will include road and street frontage improvements to meet City of Kent roadway standards. These improvements include but are not limited to curb, gutter sidewalks, planting strips, street lighting, paving, necessary street improvements, and public stormwater conveyance. 2. Water System The site receives water service from Water District #111. 3. Sanitary Sewer System The site receives sanitary sewer service from the Soos Creek Sewer District. 4. Stormwater System Stormwater systems have been addressed through the associated short plat application and will be reviewed when development permit applications are submitted. The developer will be required to complete a drainage analysis and develop and submit drainage plans prepared in accordance with the 2002 City of Kent Surface Water Design Manual and the 1998 King County Surface Water Design Manual. D. CONSISTENCY ANALYSIS The proposed rezone is consistent with the goals and policies of the City of Kent Comprehensive Plan. Page 3 of 9 Staff Report Rust Rezone #RZ-2006-8 KIVA #2062213 III. CONSULTED DEPARTMENTS AND AGENCIES The following departments and agencies were advised of this application: Police Department WA State DOT , Public Works Fire Prevention Parks & Recreation City Clerk City Attorney Kent School District WA Dept. of Ecology Qwest Puget Sound Energy King Co. Environmental Health King County Transit Division In addition to the above, all persons owning property which lies within 300 feet of the site were notified of the public hearing. A Notice of Application was posted on the site and published in the King County Journal on June 5, 2006. No comments regarding the rezone request were received. IV. PLANNING SERVICES REVIEW A. Comprehensive Plan In 2004 the Kent City Council adopted an update to the Kent Comprehensive Plan which represented revisions to demographics, housing and employment forecasts, and relevant goals and policies affected by the referenced inclusion of pertinent local and regional policy documents. As with the 1995 plan, the 2004 update was prepared under the provision of the Washington State Growth Management Act. The comprehensive plan, through its goals and policies, presents a clear expression of the City's vision of growth for citizens, the development community, and other public agencies. The plan is used by the Mayor, City Council, Land Use and Planning Board, Hearing Examiner, and the city departments to guide decisions on amendments to the City's zoning code and other developed regulations, which must be consistent with the plan, as well as guide decision making about the funding and location of the capital improvement projects. LAND USE ELEMENT The Land Use Element of the plan contains a Land Use Plan Map, which designates the type and intensity of land uses throughout the city, as well as in the entire potential annexation area. The Land Use Plan Map designates the subject property as SF-8, Single Family Residential which allows eight units per acre. The land use element also contains goals and policies relating to the location, density, and design of future development in the City and in the Potential Annexation Area. Page 4 of 9 Staff Report Rust Rezone #RZ-2006-8 KIVA #2062213 Overall Goal: Encourage a future growth and development pattern which implements the community's vision, protects environmentally sensitive areas, and enhances the quality of life of all of Kent's residents. Goal LU-9: Provide adequate land and densities to accommodate the adopted 20 year housing target of 4,284 new dwelling units within the existing city limits, and through an interlocal agreement with King County, adopt the housing target of 619 new dwelling units within Kent's Potential Annexation Area. Policy LU-9.1: Where appropriate, establish urban residential densities of at least four (4) units per net developable acre in order to adequately support urban densities. Policy LU-9.4: Locate housing opportunities with a variety of densities within close proximity to employment, shopping, transit, and where possible, near human and community services. Goal LU-10: Provide opportunities for a variety of housing types, options, and densities throughout the City and the Potential Annexation Area to meet the housing needs of the region's changing demographics. Policy LU-10.4: Allow single family housing on a variety of lot sizes. Locate smaller lot sizes within close proximity to the Urban Center or Activity Centers wherever possible. Planning Services Comment: The goals and policies of the land use element support the proposed rezone. The proposed location is near existing urban services and infrastructure. The City supports the development of close-in vacant or underdeveloped properties which limits further urban sprawl on the edges of the planning area. In addition, infdl development provides a more efficient means of providing services and enhancing pedestrian mobility. Also, one of the objectives of the comprehensive plan is to provide a wide variety of housing types and opportunities to accommodate 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. 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-6 allows 6.05 dwelling units per acre and a minimum lot size of 5,700 square feet. Page 5 of 9 Staff Report Rust Rezone #RZ-2006-8 KIVA #2062213 HOUSING ELEMENT Goal- Meet the current and future need for housing in the Kent area. Ensure opportunities and an appropriate living environment for Kent citizens. Goal H-2: Promote the organization an enhancement of neighborhoods, and j provide the opportunity for comfortable and well maintained housing for all citizens. Policy H-2.2: Support housing with appropriate amenities for individuals, families and children. Goal H-5: Increase housing opportunities through a diversity of housing types and the innovative use of residential and commercial land. Policy H-5.1: Expand the range of affordable housing choice available to meet the needs of both current Kent residents and residents projected in growth estimates. Policy H-5.2: Provide a sufficient amount of land zoned for current and projected residential needs including, but not limited to, assisted housing, housing for low income households, single family housing, and small lot sizes. Policy H-5.3: Promote diversity of housing types affordable to a range of income levels and cultural/ethnic diversity. Goal H-7: Encourage flexibility and innovative site and building design for a variety of housing developments to expand home ownership. Policy H-7.5: Revise zoning and development standards to provide options that increase the supply of affordable home ownership opportunities, such as small lot sizes, zero lot lines, manufactured housing, townhouses, condominiums, clustering, cottage and attached single family housing. Planning Services Comment The proposed rezone is supported by relevant goals and policies of the housing element. Appropriate services, including, but not limited to, fire, police, medical services, neighborhood shopping and child care are easily accessible to neighborhood residents upon development of the subject property. The proposed rezone increases the amount of land zoned for current and projected residential needs including single family housing and smaller lot sizes. Page 6 of 9 Staff Report Rust Rezone #RZ-2006-8 KIVA #2062213 TRANSPORTATION ELEMENT iGoal 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. jPolicy TR-1.5: Ensure consistency between land use and transportation plans so that land use and adjacent transportation facilities are compatible. Planning Services Comment: The Growth Management Act requires consistency between land use and transportation planning. As noted, the Land Use Plan identifies the area of the rezone as SF-6 Single Family Residential. When developed in the future, a new development will include interconnected roadways and pedestrian facilities. The City's Public Works Department will identify specific improvements which will be necessary along the SE 256`h Street property frontage to serve future development of the property and accommodate the higher density permitted under this rezone. B. Standards and Criteria for Granting a Request for Rezone The following standards and criteria (Kent Zoning Code, Section 15.09.050) are used by the Hearing Examiner and City Council to evaluate a request for a rezone. Such an amendment shall only be granted if the City Council determines that the request is consistent with these standards and criteria. 1 1. The proposed rezone is consistent with the Comprehensive Plan. IPlanning Services Comment The Comprehensive Plan Land Use Map designates the subject property as SF-6, Single Family Residential which allows up to six units per acre. A rezone of the site from SR-4.5 Single Family Residential to SR-6 Single Family Residential will allow residential development up to six 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. Page 7of9 Staff Report Rust Rezone #RZ-2006-8 KIVA #2062213 2. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity. Planning Services Comment , The proposed rezone and subsequent development of the site would be compatible with the existing development in the vicinity. The subject property is surrounded to the east and south by single family homes on large lots which may have development potential. Properties to the north and west are platted lots with medium density development. Subsequent development of the site will , include single family, detached residential homes constructed on individual lots. 3. The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated. Planning Services Comment r A rezone of this property to SR-6, Single Family Residential, will not generate additional trips onto the existing transportation system. However, the associated short plat will add trips to the local street system. The short plat 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 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 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 January 1, 1996 and is j developed with a single family home and a detached garage The designation of the site as SF-6 in the City Comprehensive Plan dates back to the annexation date of the site. In 2004, the Kent City Council adopted an update to the Kent Comprehensive Plan which designates this area as SF-6, 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 Page 8of9 Staff Report Rust Rezone #RZ-2006-8 KIVA #2062213 single family development with smaller lot sizes while recognizing significant environmental features is consistent with the goals and policies of the Comprehensive Plan. Upon annexation in 1996, zoning for the area was set at SR-4.5 which was consistent with existing land use patterns and represented what was actually built at that time. Since that time significant Improvements to roadway infrastructure in the immediate area were completed, specifically the South 272nd/277th Street Corridor located to the west of the site. 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. In addition, the intersection of 1161h Avenue SE and Kent Kangley is being widened and realigned and 116th Avenue SE is currently being widened south of SE 2561h Street in order to provide additional capacity to the 272nd/2771h Street Corridor. S. The proposed rezone will not adversely affect the health, safety and general welfare of the citizens of the City of Kent, Planning Services Comment The proposed rezone is consistent with the intent of the Comprehensive Plan. Subsequent development on the site will be required to meet applicable codes and regulations, including mitigation of anticipated environmental impacts. Therefore, the rezone proposal will not adversely affect the health, safety and general welfare of the citizens of the City of Kent. V. CITY STAFF RECOMMENDATION Upon review of the merits of this request and the Code criteria for granting a rezone, the City staff recommends APPROVAL without conditions of the Rust rezone. KENT PLANNING SERVICES August 30, 2006 LLM ch S \Permit\Plan\rezone\2006\2062213-2006-8report doc Page 9 of 9 CD -LL (D �. � I E N 0 � I L(D� I t KENT W45NINUTON CITY OF KENT DETERMINATION OF NONSIGNIFICANCE Environmental Checklist No. #ENV-2006-37 Project RUST REZONE #RPSA-2062212 Description The applicant is requesting a Zoning Map Amendment (Rezone) for approximately .86 acres from SR-4.5, Single Family Residential four dwelling units per acre, to SR-6, Single Family Residential six dwelling units per acre. The City of Kent Comprehensive Plan Land Use Map designates the property as SF-6. There are no sensitive areas on the site. Location The subject property is located at 12722 SE 256`h Street and is identified by King County tax parcel number 2122059040. Applicant Guy Libby Libby Builders, Inc. PO Box 1508 Maple Valley, WA. 98038 i Lead Agency CITY OF KENT i 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. tThere is no comment period for this DNS. X This DNS 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 11 680. Comments must be submitted by August 7, 2006. Responsible Official Kim Marousek, AICP jPosition/Title Principal Planner / SEPA OFFICIAL Address 220 S. Fourth Avenue, Kent, WA 98032 Telephone: (253) 856-5454 Dated July 24, 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. CONDITIONS/MITIGATING MEASURES: NONE Determination of Nonsignificance t Rust Rezone #ENV-2006-37 #2062212 S \Permit\Plan\Env\2006\2062212dns doc CERTIFICATE OF POSTING I, Kim Marousek, Responsible Official under the Washington Administrative Code(WAC) Chapter 197-11-788 and 910, I and Kent City Code Chapter 11 03 410 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 Kim Marousek,AICP, Responsible Official i 2 of 2 REPORTS FROM STANDING COMMITTEES AND STAFF A. COUNCIL PRESIDENT B. MAYOR C. OPERATIONS COMMITTEE D. PARKS AND HUMAN SERVICES COMMITTEE E. PLANNING AND ECONOMIC DEVELO7qTC OMMITTEE F. PUBLIC SAFETY COMMITTEE G. PUBLIC WORKS H. ADMINISTRATION REPORTS FROM SPECIAL COMMITTEES 1 ' CONTINUED COMMUNICATIONS A. r r r r r r r r r r r r r EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION