HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 10/17/2006 t
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AG EN DA
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t City of Kent
t City Council Meeting
t Agenda
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October 17, 2006
Mayor Suzette Cooke
Deborah Ranniger, Council President
Councilmembers
Tim Clark Debbie Raplee
Ron Harmon Les Thomas
Bob O'Brien Elizabeth Watson
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KENT
WASHINGTON
City Clerk's Office
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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
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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.
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ICHANGES TO THE AGENDA
Citizens wishing to address the Council will, at this time, make known the subject of
interest, so all may be property heard.
A) FROM COUNCIL, ADMINISTRATION, OR STAFF
B) FROM THE PUBLIC
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PUBLIC COMMUNICATIONS
A) PUBLIC RECOGNITION
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B) COMMUNITY EVENTS
C) A DAY TO PLAY BALL PROCLAMATION
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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.
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SUZETTE COOKE, MAYOR
ATTEST: ,
BRENDA JACOBER, CITY CLERK
2 Surplus Property-
Water System Utility Equipment
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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.
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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
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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
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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.
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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
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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.
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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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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 '
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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
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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: '
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' 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
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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 '
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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,
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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.
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' 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.
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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.
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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.
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(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
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/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.
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(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 ,
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' 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.
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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 '
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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.
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(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
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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
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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
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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
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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
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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).
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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
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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
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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
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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.
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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.
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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.
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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.
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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.
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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
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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
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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
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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
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OMMITTEE
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