HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 01/10/2011ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred N. Satterstrom, AICP, Planning Director
Charlene Anderson, AICP, Manager
Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S
Kent, WA 98032-5895
AGENDA
LAND USE & PLANNING BOARD WORKSHOP
JANUARY 10, 2011
7:00 P.M.
LUPB MEMBERS:
Dana Ralph-Chair; Jack Ottini-Vice Chair, Steve Dowell, Navdeep Gill, Barbara Phillips and
Jim Sturgul
CITY STAFF:
Fred Satterstrom, AICP, Planning Director; Charlene Anderson, AICP, Planning Mgr;
William D. Osborne, AICP, Long-Range Planner; Kim Adams Pratt, Asst City Attorney
This is to notify you that the Land Use and Planning Board will hold a Workshop on
MONDAY, JANUARY 10, 2011, in Kent City Hall, City Council Chambers East, 220 Fourth
Avenue S, at 7:00 p.m. No public testimony is taken at workshops, although the public is
welcome to attend. The workshop agenda will include the following item(s):
1. CPA-2010-3 Comprehensive Plan Land Use Map Amendment
Discussion of a proposed change in the Comprehensive Plan Land Use Map designation
for property located at 10329 SE 273rd Place (Kentara Short Plat Lot #21).
Any person requiring a disability accommodation should contact the City in Advance for more
information. For TDD relay service for Braille, call 1-800-833-6385, for TDD relay service for the hearing
impaired, call 1-800-833-6388 or call the City of Kent Planning Division directly at (253) 856-5499 (TDD) or the
main line at (253) 856-5454.
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ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred N. Satterstrom, AICP, Director
Charlene Anderson, AICP, Manager
Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
January 3, 2011
TO: Chair Dana Ralph and Land Use and Planning Board Members
FROM: William D. Osborne, AICP, Long-Range Planner
RE: 2010 Comprehensive Plan Amendments [CPA-2010-3]
For Workshop of January 10, 2010
SUMMARY: On September 1, 2010, the City of Kent received one paid and
complete Comprehensive Plan Land Use Map amendment application, as well as a
Zoning Districts Map amendment (see Attachment A). Consistent with Chapter
12.02 Kent City Code, the Economic & Community Development Committee
recommended inclusion of the Comprehensive Plan Land Use Map amendment in
the 2010-11 Economic & Community Development Department work program.
Further, the Zoning Districts Map amendment application may only proceed if and
when an ordinance adopting the proposed Comprehensive Plan Land Use Map
amendment becomes effective.
BACKGROUND: Staff will introduce the proposed amendment at the January 10th
workshop in order to allow the Land Use & Planning Board to discuss and ask
questions about the application prior to holding a public hearing. Prior to the public
hearing, Planning Services will provide a staff report that includes a detailed
analysis of the merits of the proposal, maps of the site and a staff recommendation.
Proposal― Change in Comprehensive Plan Land Use Map designation for
property located at 10329 SE 273rd Place (Kentara Short Plat Lot #21)
Applicant (Agent): Hans Korve, DMP, Inc.
Existing Designations Proposed Change
Comprehensive Plan
Land Use Map
Split SF-6 (Single-
Family 6 units/acre) and
US (Urban Separator)
Entirely SF-6 (Single-
Family 6 units/acre)
The 0.796 acre (34,700 s.f.) site consists of one (1) tax parcel and is located along
the south side of SE 273rd Place (an access tract/private street), abutting a three-
way intersection to the east with the north-south running 104th Avenue SE, and an
L-intersection at the northwest of the site with 103rd Place SE (also a private street)
which runs to the north. Except to the south and west where the site slopes to the
S 272nd/S 277th corridor (the Corridor) and Green River, the immediate vicinity of
the site is largely the 40-lot Kentara Subdivision. A 2.77 acre City-owned sensitive
areas tract abuts the site to the west. That tract has a Comprehensive Plan Land
Use Map designation of Single Family Residential, 6 Dwelling Units per Acre (SF-6).
A 31.69 acre City-owned tract designated as Urban Separator (US) extends to and
beyond the Corridor from the south boundary of the site. Approximately 0.45 acres
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CPA-2010-3
2010 Comprehensive Plan Amendments
LUPB Workshop
January 10, 2010
Page 2 of 2
(55.9%) of the site is currently designated as Urban Separator (US) on the
Comprehensive Plan Land Use Map; the other portion is designated SF-6 (see
Attachment B-1). The application speculates that a total of three dwelling units
could be developed on the site – all on the currently US-designated portion.
The application states,
“All impacts of the proposed Comp Plan Alteration/Rezone and Short Plat
have already been contemplated and mitigated as part of the original 2004
Kentara Subdivision.”
The Urban Separator (US) portion of the site has been graded in recent years for
construction job shack and storage use associated with the previous development
of Kentara. The City is assessing whether urban services including connections for
water, sanitary sewer and storm water facilities have already been provided to the
site for three residential structures.
Much of the site terrain can be characterized as having steep westward,
southwestward and southward slopes (see Attachment B-2).
Issues: Should amendments to Urban Separator land use plan map
designations be considered outside of the 20-year major update, regardless of
whether designated locally or within the Countywide Planning Policies (on the
County’s urban separator map)? Should locally-designated Urban Separator areas
be transferrable? Could the Urban Separator designation for Lot #21 be transferred
from the eastern portion to the western portion? Amendment of local Urban
Separator regulations of the City may not require concurrence from King County.
On the other hand, removing mapped Urban Separator lands may require review
and approval through the County. In either case, the City’s policy language on
Urban Separators is clearly restrictive regarding amendment:
Policy LU-31.2: Only allow amendments to the Urban Separator policy at
the time coinciding with King County’s twenty (20) year
review of its 1994 Policy Update of the Comprehensive
Plan or by Kent City Council initiation because of pending
danger or public safety.
The analysis and mitigation for the 2004 Kentara subdivision sufficiently addressed
environmental impacts associated with development on parcels other than Lot #21
(see Attachment C, Environmental Review Report, April 16, 2004). The applicant
submitted a new environmental checklist with the application for Comprehensive
Plan Amendment and the City needs to assess the environmental impacts.
At the January 10th meeting, staff would like to discuss the options for amendment
with the Board prior to scheduling a public hearing.
WO/pm S:\Permit\Plan\COMP_PLAN_AMENDMENTS\2010\CPA-2010-3 Kentara SP Lot 21\LUPB\011011\LUPB_Memo_CPA-2010-3_01-10-11.doc
Att: Att A: Kentara Short Plat Lot #21 CP Ld Use Map Amendment Application
Att B-1: Comprehensive Plan Land Use Map for Kentara Site
Att B-2: Steep Slopes map
Att C: April 16, 2004 Environmental Review Report, Kentara Subdivision and Rezone (ENV-2003-2)
cc: Ben Wolters, ECD Director
Fred Satterstrom, AICP, Planning Director
Charlene Anderson, AICP, Planning Manager
Project File CPA-2010-3
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ATTACHMENT A
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ATTACHMENT B-1
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ATTACHMENT B-2
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COMMUNITY DEVELOPMENT
Fred N. Satterstrom, Community Dev. Director
PLANNING SERVICES
Charlene Anderson, AICP, Planning Manager
Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
ENVIRONMENTAL REVIEW REPORT
Decision Document
KENTARA SUBDIVISION AND REZONE
#ENV-2003-2 (KIVA #2030260)
Responsible Official: Kim Marousek, AICP Prepared by: Matt Gilbert
I. PROPOSAL
The applicant proposes to subdivide approximately 11.67 acres into 40 single family lots. A
rezone has also been proposed which will change the existing zoning on the western portion of
the lot from SR-4.5 to SR-6, Single Family Residential and is necessary to attain the requested
development as submitted. The subject property is encumbered with steep hazardous slopes
The subject site is located south of the intersection of Southeast 272nd Street and 104th Avenue
Southeast, in the NW ¼ of Section 32, Township 22, Range 5 consisting of King County tax
parcels #322205-9049, 9192 and 9022.
II. BACKGROUND INFORMATION
Compliance with Kent's Comprehensive Plan (Ordinance 3222), the Washington State Growth
Management Act (GMA), The Local Project Review Act (ESHB 1724 and ESB 6094), Kent's
Construction Standards (Ordinance 3117) and Concurrency Management (Chapter 12.11, Kent
City Code), will require concurrent improvements or the execution of binding agreements by the
Owner / Subdivider with Kent to mitigate identified environmental impacts. These improvements
and/or agreements may include improvements to roadways, intersections and intersection traffic
signals, stormwater detention, treatment and conveyance, utilities, sanitary sewerage and
domestic water systems. Compliance with Kent's Construction Standards may require the deeding
/ dedication of right-of-way for identified improvements. Compliance with Title 11.03, and with
Sections 15.08.220 to 15.08.224, and to Section 15.08.240 of the Kent City Code may require the
conveyance of Sensitive Area Tracts to the City of Kent, in order to: preserve trees; or to regulate
the location and density of development based upon known physical constraints such as steep
and/or unstable slopes, wetlands or proximity to lakes, streams and wildlife habitat conservation
areas; or to maintain or enhance water quality. Compliance with the provisions of Chapter 6.12 of
the Kent City Code may require provisions for mass transit adjacent to the site.
In addition to the above, Kent follows revisions to the Washington State Environmental Policy
Act, Chapter 197-11 WAC (effective November 10, 1997), which implements ESHB 1724 and
ESB 6094
ATTACHMENT C
LUPB WORKSHOP JANUARY 10, 2011 23
Decision document
Kentara Subdivision and Rezone
#ENV-2003-2 / #2030260
Page 2 of 8
Any conditions applied to the following Mitigated Determination of Non-Significance (MDNS),
which are intended to mitigate impacts from the project herein being reviewed, are applied
because identified impacts cannot adequately be addressed by existing identified City Codes and
Ordinances.
III. ENVIRONMENTAL ELEMENTS
A. Earth
The project has areas of steep slopes that are 40% or greater on the westerly side of the
project site. No development is proposed in this area. The remainder of the site slopes to
the northeast of approximately 5%. Soils in the steep slope areas of the project site have
been identified as Alderwood and Kitsap while the remainder of the site is comprised of
Alderwood soils. At full build-out, approximately 40% of the subject site will be
covered with impervious surface.
Construction activities on this site will result in increased potential for erosion. The
applicant will provide temporary erosion control measures such as silt fences, straw bales
and temporary storm drainage facilities in accordance with City of Kent standards.
The Owner / Subdivider shall be required to submit and receive approval of a Detailed
Grading Plan from the Department of Public Works for the entire development. These
Plans will be required to meet the requirements of the City of Kent Construction
Standards and City of Kent Development Assistance Brochure #1-3, Excavation and
Grading Permits & Grading Plans. These plans shall include provisions for utilities,
roadways, retention / detention ponds / facilities, stormwater treatment facilities, and a
building footpad for each building. These plans shall also be designed to eliminate the
need for processing several individual Grading Permits upon application for Building
Permits.
The Owner / Subdivider shall be required to submit and receive approval of a Temporary
Erosion / Sedimentation Control Plan meeting the requirements of the City of Kent
Construction Standards from the Department of Public Works for the entire development.
These plans shall be required to reflect the Detailed Grading Plan discussed above and
the Detailed Tree Plan meeting the requirements of City of Kent Development Assistance
Brochure #3, Detailed Tree Plans, approved by the Planning Department.
The earth slopes on portions of this site are believed to be greater than forty percent
(40%), and these areas are classified as Severe Hazard Areas in the Kent Zoning Code. In
addition to the maximum amount of impervious surface allowed within these Severe
Hazard Areas, the Hazard Area Limitations for these areas may require the conveyance of
Sensitive Area Tracts to the City of Kent in order to preserve trees and to maintain and/or
enhance water quality of surface waters within the vicinity. The tracts will include the
area within all ravines, and within 75-feet of the top of any ravine, and/or within 50-feet
of the line of Ordinary High Water Mark of any major creek as defined in the Kent
Zoning Code.
B. Air
Emissions and dust particulates generated primarily by construction equipment will be
produced during the construction phase of this project. Long term air quality impacts
will be generated by vehicles associated with the new residential land use.
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C. Water
On-site storm water runoff will primarily be generate from roadways, residential
structures, and associated driveways. Storm water will be collected in catch basins
within the roadways and/or tight-lined from residential rooftops and conveyed to a
proposed detention facility located in the northeast corner of the project site, adjacent to
SE 272nd Street. All runoff will be conveyed into the project stormwater system or
allowed to infiltrate. Discharge from the detention facility will tie into the existing storm
water system.
No wetland areas or other protected water features have been identified on the subject
site.
The Applicant/Owner/Subdivider shall be required to complete a drainage analysis and
develop and submit drainage plans according to the 2002 City of Kent Surface Water
Design Manual and the 1998 King County Surface Water Design Manual.
The proposed project is located in the Mill Creek watershed, which flows into the Green
River.
D. Plants
A wide range of vegetation exists on the subject site. Deciduous and evergreen trees,
shrubs and grasses have all been identified in various plant communities. The applicant
has indicated that approximately 38% of the site will be cleared for road, utility and home
construction. The applicant has submitted a survey of significant on-site trees and, as
part of civil construction plan review, will be required to submit and receive approval of a
detailed tree plan that shows trees to be retained.
The Owner / Subdivider shall be required to submit and receive app roval of a Landscape
Plan meeting the requirements of the City of Kent Construction Standards, and the
landscape requirements for retention / detention ponds in the City of Kent and King
County Surface Water Design Manuals. Both the Kent Planning Department and the
Department of Public Works must approve these plans prior to, or in conjunction with,
the approval of the Engineering Plans.
.
F. Land and Shoreline Use
Two single-family residences, a duplex building and associated accessory buildings are
currently located on this site. One of these single family residences, the duplex and
several of the out buildings will be removed prior to development of the site. The site is
comprised of four parcels currently zoned SR-1, SR-4.5 and SR-6, Single Family
Residential.
As part of this proposal, the applicant is requesting approval for a rezone of the western
parcel of the subject site (APN 322205-9049) from SR-4.5, Single Family Residential to
SR-6, Single Family Residential. This request is consistent with the City of Kent
Comprehensive Plan designation of this site as SF-6. Density and minimum lot area
standards associated with the SR4.5 zoning district allow for this 6.47 acre parcel to be
subdivided into a maximum of 29 lots. The proposed SR-6 zoning designation will allow
for up to 39 single family lots. However, due to the substantial presence of sensitive
areas on this parcel as well as area devoted to required roadway and stormwater facilities,
only 20 lots are being proposed. The portion of the proposed subdivision zoned SR-1 is
identified on the preliminary map as lot 21, and while included in this proposal, is not
being further subdivided.
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Kentara Subdivision and Rezone
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Properties west and southwest of the site are zoned SR-1, properties to the southeast are
zoned SR-2, while properties to the northwest are zoned SR-4.5, and to the northwest SR-
6.
Housing to the south, east and west consists of a mixture of (older and newer) single
family residences on both platted and unplatted lots. Most of the surrounding properties
have significant potential for further subdivision.
G. Housing
Thirty-seven new housing units will be created through this proposal. One existing
home on the site will remain.
H. Transportation
The Washington State Legislature created the Commute Trip Reduction (CTR) Law in
1991 with the goals of reducing traffic congestion, air pollution and petroleum
consumption. This law requires major employers to encourage their employees to use
commute alternatives such as transit, carpools, bicycles, walking, compressed work
weeks, telecommuting, and flexible work schedules to reduce drive alone commute trips
during the peak congestion periods. The City addresses the transit alternative by requiring
that the Owner / Subdivider accommodate the needs for transit as expressed by King
County Metro Transit.
The proposed development project is located within the Ramstead Annexation area of the
City and will take its primary access from 104th Avenue Southeast. This street has an
existing right-of-way of 60-feet, while the existing portion of the street has an asphalt
width of about 20-feet to 24-feet. The existing portion of the street provides for two lanes
of traffic, but none of the following improvements: cement concrete curbs & gutters; a
stormwater drainage system; cement concrete sidewalks; or a street lighting system. The
existing asphalt pavement section of this portion of the street is inadequate to provide an
expected 20-year service life and may be in need of an asphalt overlay/rebuild in order to
maintain an acceptable level of service while accommodating the increased volume of
trips being generated by this proposal.
Streets and roadways, which do not provide adequate capacity for motor vehicles, and
streets that have failing pavement sections, result in increased air pollution when
compared to streets that comply with current standards and provide adequate capacity and
pavement section. Similarly, intersections that do not provide for adequate capacity also
increase the levels of air pollution.
This subdivision will also have frontage along Southeast 272nd Street. This street has an
existing public right-of-way width of about 60-feet, while the asphalt street width is
currently about 20 to 22-feet wide. The existing street provides for two lanes of traffic,
but none of the following other improvements: cement concrete curbs & gutters; a
stormwater drainage system; cement concrete sidewalks; or a street lighting system. The
existing asphalt pavement section of this portion of the street is inadequate to provide an
expected 20-year service life and may be in need of an asphalt overlay/rebuild in order to
maintain an acceptable level of service while accommodating the increased volume of
trips being generated by this proposal.
Streets and roadways, which do not provide adequate capacity for motor vehicles, and
streets that have failing pavement sections, result in increased air pollution when
compared to streets that comply with current standards and provide adequate capacity and
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Kentara Subdivision and Rezone
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Page 5 of 8
pavement section. Similarly, intersections that do not provide for adequate capacity also
increase the levels of air pollution.
While 104th Avenue Southeast north of the intersection with Southeast 272nd Street is
classified as a Residential Collector Street Augmented with Bike Lanes on the City’s
Master Plan of Roadways, the extension of this street south of Southeast 272nd Street will
be classified as a Residential Street. A Residential Street requires a minimum of 50-feet
of right-of-way; a 28-foot wide asphalt roadway including two traffic lanes; vertical
cement concrete curbs & gutters, 5-foot wide planter strips 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.
Southeast 272nd Street is classified as a Residential Collector Street Augmented with Bike
Lanes on the City's Master Plan of Roadways, which will require: a minimum of 70 -feet
of public right-of-way; a 44-foot wide asphalt roadway including two 17-foot wide traffic
lanes and two 5-foot wide in-street bike lanes; vertical cement concrete curbs & gutters,
5-foot wide planting strips 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, which 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 Meadow Ridge Elementary
School.
There are known stopping and entering sight distance constraints at the intersection of
108th Avenue Southeast and Southeast 272nd Street. The owner/ subdivider will be
required to participate in the cost of constructing improvements to remedy the situation.
This development will cause significant and/or additional congestion at the following
intersections:
104th Avenue Southeast and Southeast 272nd Street
108th Avenue Southeast and Southeast 272nd Street
108th Avenue Southeast and Southeast 269th Court
108th Avenue Southeast and Southeast 277th Street
The current average daily traffic (ADT) along Southeast 272nd Street is unknown. This
development will add an estimated 380 daily and 38 new PM peak hour trips to the local
street system.
IV. SUMMARY AND RECOMMENDATION
A. It is appropriate, per WAC 197-11-660 and RCW 43.21C.060 that the City of Kent
establish conditions to mitigate any identified impacts associated with this proposal.
Supporting documents for the following conditions and mitigating measures include:
1. City of Kent Comprehensive Plan as prepared and adopted pursuant to the State
Growth Management Act.
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Kentara Subdivision and Rezone
#ENV-2003-2 / #2030260
Page 6 of 8
2. The State Shoreline Master Program and the Kent Shoreline Master Program.
3. Kent City Code Section 7.07 Surface Water and Drainage Code.
4. City of Kent Transportation Plan, Green River Valley Transportation action plan
and six-year Transportation Improvement Plan.
5. Kent City Code Section 7.09 Wastewater Facilities Master Plan.
6. City of Kent Comprehensive water plan and conservation element.
7. Kent City Code Section 6.02 Required Public Improvements.
8. Kent City Code Section 6.07 Street Use Permit Requirements.
9. Kent City Code Section 14.09 Flood Hazard Protection.
10. Kent City Code Section 12.04 Subdivision Code.
11. Kent City Code Section 12.05 Mobile Home Parks and 12.06 Recreation Vehicle
Parks.
12. Kent City Code Section 8.05 Noise Control.
13. City of Kent Uniform Building and Fire Codes
14. Kent Zoning Code.
15. Kent City Code Section 7.13 water shortage and emergency regulations and
Water Conservation Ordinance 2227.
16. Kent City Code Sections6.02 and 6.03 required public improvements.
17. Kent City Code Section 7.05 Storm and Surface Water Drainage Utility.
18. City of Kent Comprehensive Sewer Plan.
19. City of Kent Fire Master Plan.
20. City of Kent Wetland Management Ordinance 3109.
21. City of Kent ESA Response Resolution 1605.
B. No conditions are recommended for the proposed REZONE (RZ-2003-1, KIVA#
2030626) portion of this application.
C. It is recommended that a Mitigated Determination of Nonsignificance (MDNS) be issued
for the KENTARA SUBDIVISION (SU-2002-7, KIVA# 2030261) with the following
conditions:
1. The Owner / Subdivider shall provide a Traffic Impact Study (TIS) to identify
the existing and future level-of-service (LOS) for the adjacent intersections
identified in the Staff Report for this development and the existing and future V /
C ratios for the adjacent City streets in the roadway network. The TIS shall
specifically identify all intersections and street segments currently at LOS V / C
ratios below the threshold required by the City’s Concurrency Ordinance, or
estimated to below those 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
equal to or better than the threshold V / C ratios for all intersections and street
segments 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.
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OR
In lieu of submitting the TIS and then constructing the traffic mitigation
measures identified in the approved TIS, the Owner / Subdivider may instead pay
an Environmental Mitigation Fee to pay a fair share of the construction costs of
the City's South 272nd Street / South 277th Street Corridor Project. The minimum
benefit to the Owner / Subdivider is estimated at $40,584 (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 38 new PM Peak
Hour Trips (at the rate of $1068 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 number of lots
approved upon the final plat (minus two for the exiting houses which will
remain) multiplied times $1068 (in 1986 dollars and adjusted for rezones
and for inflation as described above.)
b. The Applicant / Owner shall pay the financial obligation specified herein
in full for each lot prior to issuance of a Construction Permit for that lot.
c. The payment of said Environmental Mitigation Fee, and the other traffic
related conditions given below, will serve to mitigate traffic impacts of
the proposed development to the above mentioned intersections and road
system.
2. The Applicant / Owner / Subdivider shall permanently protect the severe hazard
area and its ten foot buffer by creating a separate Sensitive Area Tract and
deeding the tract in fee simple to the City, OR by granting a Sensiti ve Area
Easement to the City for the entire sensitive area and its ten foot buffer, in
conformance with the requirements of the City of Kent Zoning Code. This
Sensitive Area Tract or Easement shall be consistent with the approved
topographic and boundary survey provided for this proposed project. The
Sensitive Area Tract or Easement shall include areas within the subdivision
proposed to be graded to a final slope greater than forty percent. The Applicant /
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 following language for the Sensitive Area Tract or Easement shall
be included in the easement:
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
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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 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.
3. The Owner / Subdivider shall install a split rail fence at the edge of the severe
hazard area buffer.
4. The Owner / Subdivider shall execute an Environmental Mitigation Agreement
(EMA) agreeing to pay their pro-rated share of the necessary costs to remedy the
stopping and entering sight distance constraints at the intersection of 108 th
Avenue Southeast and Southeast 272nd Street.
KENT PLANNING SERVICES
April 16, 2004
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