HomeMy WebLinkAbout2670RECEIVED 'MIS DAY
Nov ! 9 ?_ s'; rM X86
BY THE ;0th OF
RECORDS f; ',:; : ,LINS
KING C';l N i Y
ORDINANCE N0.
86/11'19
RECD F
CASHSL
AN ORDINANCE of the City of Kent,
Washington, regarding planning and properties;
Rezoning, with conditions, 2.6 acres designated
as Tax Lot 77 located along the east side of
Lake Fenwick Road at approximately 256th
Street, from MR -M, a Medium -Density,
Multifamily Residential, to MR -A,
Garden -Density Multifamily Residential (Site
No. 10, CPZ-86-10); Rezoning, with conditions,
approximately 8.5 acres, located at the
southeast corner of South 264th Street and
Military Road South from NCC, Neighborhood
Convenience Commercial, to R1-7.2, Single
Family Residential (Site 3G, No. CPC -86-3G);
Rezoning with conditions, approximately 5.2
acres located between Interstate 5 and
unimproved 32nd Avenue South from GC, General
Commercial, to MRH, High -Density Multifamily
Residential (Site 4; No. CPZ-86-4); Rezoning
with conditions, approximately 7.2 acres of
property bounded by 30th Avenue South to the
west, I-5 to the east, and South 240th to the
south (Site 5; No. CPZ-86-5); and rezoning with
conditions, approximately 11.6 acres of
property located east of the Cambridge East
subdivision and west of Lake Fenwick Road (Site
11; No. CPZ-86-11).
WHEREAS, the West Hill SubArea Plan was adopted on
Ray 21, 1984 by Resolution No. 1016; and
WHEREAS, the Kent City Council directed that the West
sill Subarea Plan be implemented through zoning actions by its
idoption of Resolution No. 1087 on December 16, 1985; and
WHEREAS, pursuant to Resolution No. 1087, the Kent
Manning Department prepared a report in March, 1986 entitled
'West Hill Plan Implementation: Area Zoning" which analyzed 19
sites totalling over 200 acres for their compliance with the
;ubarea land use plan; and
WHEREAS, a declarat.ion of nonsignificance (DNS) was
.ssued on the proposed zoning actions on March 13, 1986; and
WHEREAS, the Hearing Examiner for the City of Kent
commenced public hearings on the proposed zoning sites on
March 19, 1986; and
WHEREAS, additional hearings were held before the Hearing
Examiner on April 2, April 16, May 21, June 4, and June 18, 1986;
and
WHEREAS, two sites (Sites No. 1 and No. 2) were withdrawn
from consideration due to a mapping error; and
WHEREAS, three sites (3G, 8, and 9) were withdrawn from
1.4
0 consideration on the advice of the City Attorney for the City of j
Kent; and
WHEREAS, following said public hearings and consideration
of the reports and testimony submitted into the record on the
proposed rezoning, the Hearing Examiner for the City of Kent
rendered her findings and recommendation for the remaining 14
sites on July 14, 1986. These recommendations are contained in an
official document titled "West Hill Plan Implementation:
Recommendations of the Hearing Examiner to the Kent City Council";
and
WHEREAS, a Request for Reconsideration was filed on
s
July 28, 1986 by the owners of Site 3G, and their representative;
and
WHEREAS, a Request for Reconsideration was duly reviewed
by the Hearing Examiner and the same was denied on August 13,
111986; and
WHEREAS, appeals were received by the City of Kent from
landowners or their representatives on Sites No. 3G and No. 10; an(
WHEREAS, the Kent City Council considered the findings
and recommendations of the Hearing Examiner on September 2, 1986
on 12 zoning sites which were not the subject of appeals; and
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tl?
WHEREAS, the public hearing on the appeal on a portion of
!(Zoning Site No. 10 was conducted by the Kent City Council on
,September 2, 1986; and
WHEREAS, the public hearing on the appeal of Zoning Site
liNo. 3G and the remainder of Site No. 10 was conducted by the Kent
;City Council on September 15, 1986;
i
I
it NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
(WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The findings and recommendations of the
Hearing Examiner as set forth in the document titled, West Hill
Zoning Implementation: Recommendations of the Hearing Examiner to
the City Council, which is on file with the Kent City Clerk, are
hereby adopted and concurred with for Sites 3A, 3B, 3C, 3D, 3F,
3H, 3I, 4, 5, 6, 7 and 11. The findings and recommendations of
the Hearing Examiner for Sites 3G and 10 are hereby modified as
provided for in Sections 2, 5 and 7 of this Ordinance.
Section 2. The zoning for Site No. 3G, located generally
in the southeast corner of the intersection of Military Road South
and South 264th Street and legally described in Attachment A to
this Ordinance, is hereby changed from NCC (Neighborhood
Convenience commercial) to R1-7.2 (Single Family Residential -
7200 sq. ft. minimum lot area).
Section 3. The zoning for Site No. 4, located generally
between Interstate 5 and 32nd Avenue South and legally described
in Attachment A of this Ordinance, is hereby changed from GC
(General Commercial) to MR -H (High Density Multifamily
Residential).
Section 4. The zoning for portions of Site No. 5,
located generally between 30th Avenue South and 32nd Avenue South
north of South 240th Street and legally described in Attachment A
to this Ordinance, is hereby changed from GC (General Commercial)
to MR -H (High Density Multifamily Residential).
- 3 -
Section 5. The City Council hereby modifies the Hearing
;xaminers report to the Council and finds that Site No. 10 is
;uitable for multifamily development consistent with the West Hill
Ilan map designation of MR -G (Garden Density Multifamily
residential). Said site is located adjacent to developed
iultifamily properties and, through proper site planning and
environmental design, may be appropriate for the expansion of
lultifamily residential development. Furthermore, the Planning
)epartment is hereby directed to initiate a plan map amendment to
effectuate this finding. The zoning for a portion of Site No. 10,
_ocated generally along Lake Fenwick Road near South 256th Street
if extended) and legally described in Attachment A to this
)rdinance, is hereby rezoned from MR -M (Medium Density Multifamily
tesidential) to MR -G (Garden Density Multifamily Residential);
ind, furthermore, development of said site is specifically limited
:o a maximum of 22 units.
Section 6. The zoning for Site No. 11, located generally
ilong Lake Fenwick Road near its intersection with 51st Place
South and legally described in Attachment A to this Ordinance and
Legally described in Attachment A, is hereby rezoned from MR -G
;Garden Density Multifamily Residential) to R1-20 (Single Family
tesidential - 20,000 sq. ft. minimum lot size).
Section 7. The provisions of this Ordinance are declared
=o be separate and severable. The invalidity of any clause,
Sentence, paragraph, subdivision, section or portion of this
)rdinance, or the invalidity of the application thereof to any
Jerson or circumstance shall not affect the validity of the
remainder of the Ordinance, or the validity of its application to
)ther persons or circumstances.
Section 8. Effective Date. This Ordinance shall take
=ffect and be in force five (5) days from and after its passage,
approval and publication as provided by law.
DAN KELLEHER, MAYOR
- 4 -
ATTEST:
CITY CLERK
PPROVED AS TO FORM:
(BILL H. WILLIAMSON; ACTING CITY A
RNEY
PASSED the c;W day of ^' , 1986.
APPROVED the day of , 1986.
PUBLISHED the/qday of 1986.
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 hereor
indicated.
104040-150
(SEAL)
MARIE J , CIT CLERK
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Ln
t'1
r'1
Attachment A
LEGAL DESCRIPTIONS
Site No. 3G (as referred to in Section 2)
Tax lots 14 and 157 in Section 27-22-4.
Site No. 4 (as referred to in Sections)
Tax lot lb in Section 15-22-4, less the northerly 30U Leet and the
southerly 500 feet of said tax lot.
Site No. 5 (as referred to in Section 4)
Tax lot 16 in Section 15-55-4, less the northerly 740 reet of saic
tax lot; and, lot 12 in Block 4 of the Federal Highway Addition
situatea in the southeast 1/4 of Section 16-22-4 less the eastern
401.U7 feet thereof.
Site No. 10 (as referred to in Section 5)
Tax lot 77 in Section 22-22-4.
Site No. 11 (as referred to in Section 6)
Tax lot 29 in Section 27-22-4; and, the north 450 feet of tax lot
149 in Section 27-22-4.
ALL SITUATE IN THE CITY OF KENT, COUNTY OF KING, STATE OF
WASHINGTON.
- 6 -
X.
RECOMMENDATION OF THE
HEARING EXAMINER
TO THE KENT CITY COUNCIL
OFFICE OF THE HEARING EXAMINER - CITY OF KENT • JULY 1986
TABLE OF CONTENTS
Page
List of Exhibits
ii
Notice of
Extension of Time
for
Completion
of Hearing Examiner's
Findings
and Recommendation
iv
Order Withdrawing
Sites from
Hearing
Examiner's Consideration
v
West Hill
Plan Implementation
Proposed
Rezoning Sites Map
vi
Findings
and Recommendation
Site
#3A
#CPZ-86-3A
1
Findings
and Recommendation
Site
93B
#CPZ-86-3B
4
Findings
and Recommendation
Site
#3C
#CPZ-86-3C
8
Findings
and Recommendation
Site
#3D
#CPZ-86-3D
12
Findinas
and Recommendation
Site
#3F
#CPZ-86-3F
16
Findings
and Recommendation
Site
#3G
#CPZ-86-3G
20
Findings
and Recommendation
Site
#3H
#CPZ-86-3H
26
Findings
and Recommendation
Site
#3I
#CP7-86-3I
30
Findings
and Recommendation
Site
#4
#CPZ-86-4
34
Findings
and Recommendation
Site
#,5
#CPZ-86-5
38
Findings
and Recommendation
Site
#6
#CPZ-86-6
43
Findings
and Recommendation
Site
#7
#CPZ-86-7
48
Findings
and Recommendation
Site
#10
#CPZ-86-10
52
Findings
and Recommendation
Site
#11
#CPZ-86-11
57
WEST HILL ZONING IMPLEMENTATION
EXHIBITS
1. Exhibit 1 - West Hill Plan - dated 1984
2. Exhibit 2 - West Hill Draft Environmental Impact Statement dated April 1983
3. Exhibit 3 - Resolution 1087 adopted December 1985
4. Exhibit 4 - Bound copy of staff reports for entire West Hill Zoning Imple-
mentation sites
5. Exhibit 5 - Section 15.08.030 of the Kent Zoning Code, General Conditional
Use section
6. Exhibit 6A - Planning Commission minutes of September 13, 1961
Exhibit 6B - City Council minutes of November 16, 1961
Exhibit 6C - Rezone Ordinance
Exhibit 6D - Ordinance 1078
Exhibit 6E - Ordinance 1095
7. Exhibit 7A - Planning Commission minutes of June 14, 1983
Exhibit 7B - Planning Commission minutes of July 12, 1983
Exhibit 7C - Planning Commission Minutes of July 26, 1983
8. Exhibit 8A - City Council minutes of February 8, 1984
Exhibit 8B - City Council minutes of March 19, 1984
9. Exhibit 9 - letter to Hal Pettijohn
10. Exhibit 10 - Slides for Site 3G
11. Exhibit 11 - Article from Kent News Journal
12. Exhibit 12 - Hearing Examiner minutes of February 5, 1986
13. Exhibit 13 - Hearing Examiner Findings for file #AP -86-1
14. Exhibit 14 - Memo from Hearing Examiner to City Attorney DiJulio
15. Exhibit 14B - Slides for #CPZ-86-3A
Exhibit 14C - View foils for #CPZ-86-3A
16. Exhibit 15A - Slides for #CPZ-86-3B
Exhibit 15B - View foils for #CPZ-86-3B
17. Exhibit 16A - Slides for #CPZ-86-3C
Exhibit 16B - View foils for #CPZ-86-3C
18. Exhibit 17A - Slides for #CPZ-86-3D
Exhibit 17B - View foils on #CPZ-86-3D
19.
Exhibit
18A
- Slides for #CPZ-86-3F
Exhibit
18B
- View foils for #CPZ-86-3
20.
Exhibit
19A
- Slides for #CPZ-86-3H
Exhibit
19B
- View foils for #CPZ-86-3H
21.
Exhibit
20A
- Slides for #CPZ-86-3I
Exhibit
20B
- View foils for #CPZ-86-3I
22.
Exhibit
21 -
Letter from Washington State Department of
Transportation
Exhibit
21A
- Response from Jim Harris to Department of
Transportation
23.
Exhibit
22 -
letter from Jeffrey Mann
24.
Exhibit
23 -
Letter from Enrichment Living Seminar
25.
Exhibit
24 -
Petition from 62 people
26.
Exhibit
25 -
Letter from Felix and Patricia Porter
27.
Exhibit
26 -
Letter from Anne Biteman
28.
Exhibit
27 -
Letter from Victor and Chris Case/Mark and
Cathy Laird
29.
Exhibit
28 -
City Council Minutes
30.
Exhibit
29 -
Letter showing rentals on units
31.
Exhibit
30 -
Packet from John Crull
Exhibit
30A
- Large rendering from John Crull
Exhibit
30B
- Large rendering from John Crull
32.
Exhibit
31 -
Letter from Michael Olver
LAND USE HEARING EXAMINER
CITY OF KENT
IN RE THE MATTER OF
WEST HILL ZONING IMPLEMENTATION
SITES #3A -3I, 4, 5, 6, 7,
10 and 11
#CPZ-86-3A-3I, #CPZ-$6-4, #CPZ-86-5,
#CPZ-86-6, #CPZ-86-7, #CPZ-86-10 and
#CPZ-86-11
WEST HILL ZONING IMPLEMENTATION
SITES 1, 2, 3E, 8 and 9
WITHDRAWN
#CPZ-86-1, #CPZ-86-2, #CPZ-86-3E,
#CPZ-86-8 and #CPZ-86-9
NOTICE OF EXTENSION OF TIME
FOR COMPLETION OF HEARING
EXAMINER'S FINDINGS AND RECOMMENDATION
NOTICE IS HEREBY GIVEN that the below signed Hearing Examiner on this
4th day of June, 1986, having heard the above noted items before her in public
hearings, the last hearing having taken place on June 18, 1986, does hereby
state that the Findings and Recommendation on the West Hill Zoning Implementation
Hearings will be completed and signed by the 1q day of JU , 1986,
and all parties of record will recive a copy by mail. Further, o Findings and
Recommendations shall be issued for those items withdrawn as above listed.
Dated this IO day of June, 1986:
DIANE L. VANDERBEEK, HEARING EXAMINER
a11FAM
LAND USE HEARING EXAMINER
IN RE THE MATTER OF
WEST HILL ZONING IMPLEMENTATION
SITES 1, 2, 3E, 8 and 9
WITHDRAWN
#CPZ-86-1, #CPZ-86-2, #CPZ-86-3E,
#CPZ-86-8 and #CPZ-.86-9
CITY OF KENT
ORDER WITHDRAWING SITES
FROM HEARING EXAMINER'S
CONSIDERATION
NOTICE IS HEREBY GIVEN that the below signed Hearing Examiner upon request
of the City of Kent Planning Department staff withdrew the above listed sites
from consideration in the West Hill Zonining Implementation hearings.
Dated this 14th day of July, 1986.
L' �W _
DIANE L. VANDERBEEK, HEARING EXAMINER
-v-
...■ STUDY AREA BOUNDARY
-.._ KENT CITY LIMIT
-------- DES MOINES CITY LIMIT
APPROX. SCALE
O' 2000' 4000'
WEST HILL PLAN IMPLEMENTATION
PROPOSED REZONING SITES MAP A
FINDINGS AND RECOMMENDATION
OF THE HEARING EXAMINER FOR THE CITY OF KENT
FILE NO: #CPZ-86-3A WEST HILL ZONING IMPLEMENTATION SITE #3A
APPLICANT: CITY OF KENT
REQUEST: To consider the implementing of zoning to bring land into conformance
with the West Hill Comprehensive Plan. The subject property is
zoned RA, Residential Agricultural. The site is designated P,
Park, on the West Hill Plan. The staff recommendation is to retain
the current RA, Residential Agricultural, zoning.
LOCATION: Cooper Donation Claim, Lots 5 and 22, Section 15-22-4
APPLICATION FILED: March 13, 1986
DEC. OF NONSIGNIFICANCE:
March
13,
1986
PUBLIC HEARING:
April
2,
1986
RECOMMENDATION ISSUED:
July
14,
1986
RECOMMENDATION:
STAFF REPRESENTATIVES:
PUBLIC TESTIMONY:
WRITTEN TESTIMONY:
NO ACTION, retain the RA, Residential Agricultural, zoning
Jim Hansen, Planning Department
Will Wolfert, Planning Department
None
None
INTRODUCTION
After due consideration of the evidence presented by the applicant, all evidence
elicited during the public hearing, and as a result of the personal inspection
of the subject property and surrounding area by the Hearing Examiner, the fol-
lowing findings of fact and conclusions shall constitute the recommendation of
the Hearing Examiner on this application.
FINDINGS OF FACT
1. The subject property is located on the north side of Kent -Des Moines Road
at approximately 43rd Avenue S. (extended). The property is in an L-shaped
formation with 800 feet of frontage on the Kent -Des Moines Road and is approxi-
mately 9.35 acres in size.
2. The site is currently zoned RA, Residential Agricultural, and is currently
part of the Kent -Highlands sanitary landfill.
-1-
Findings and Recommendation
West Hill Zoning Implementation Site #3A
#CPZ-86-3A
3. The staff report, with its recommendation of No Action, is incorporated herein
by reference as though fully set forth.
rnNr.l IISTnN-�
1. The West Hill Plan seeks to eliminate land uses that constitute a health
hazard or a public nuisance. While the Kent Highlands landfill has not yet
been identified as creating any methane gas or other health hazards which
are now prevalent from the Midway landfill, there is a potential problem
on this site as well. Odor from this site and other impacts do create problems
for adjacent land uses.
2. There are no significant disadvantages to the retention of the current RA
zoning. While the West Hill Plan designates the subject site as P, Park,
there is currently no zoning designation for parks in the City of Kent.
The objectives of the West Hill Plan would be met by retaining the current
zoning on the site since the property is currently unsuited for any type
of formal development or use. Accordingly, the lower density residential
zoning is appropriate.
RECOMMENDATION
For each of the above reasons, the recommendation of the Hearing Examiner through
the Kent City Council on Site #3A is NO ACTION, retain the current RA, Residential
Agricultural, zoning.
Dated this day of July, 1986.
Reauest for Reconsideration
Any party of record who feels the decision of the Examiner is based on error of
procedure, fact or judgment, or the discovery of new evidence may file a written
request for reconsideration with the Hearing Examiner no later than 14 days of
the date of the decision. Reconsideration requests should be addressed to:
Hearing Examiner, 220 S. Fourth Avenue, Kent, WA 98032.
Notice of Riqht to ADDeal
The decision of the Hearing Examiner is final unless a written appeal to Council
is filed by a party of record within 14 days of the decision. The appeal must
be filed with the City Clerk and state the basis of appeal which may be errors
of fact, procedural errors, omissions from the record, errors in interpretations
of the Comprehensive Plan or new evidence. See Ordinance #2233 and Resolution
#896 for specific information.
-2-
RA ;-
yam. 1 �.� I1ro
19 a
6. .e
CCTV "V K F NT
KENT HIGHLANDS
LANDFILL
RA
�I
WEST HILL PLAN IMPLEMENTATION
SITE NO. 3. A.
HEARING EXAMINER RETAIN RA ZONE
RECOMMENDATION
LEGEND =
application site %mmmm
zoning boundary ---
cily limits
SCALE
FINDINGS AND RECOMMENDATION
OF THE HEARING EXAMINER FOR THE CITY OF KENT
FILE NO: #CPZ-86-3B WEST HILL ZONING IMPLEMENTATION SITE #3B
APPLICANT: CITY OF KENT
REQUEST: To consider
the implementing of zoning to bring
land into con-
formance with
the West Hill Comprehensive Plan.
The subject
property is
zoned RA, Residential Agricultural.
The site is
designated
P, Park, on the West Hill Plan. The
staff recom-
mendation is
to retain the current RA, Residential
Agricultural,
zoning.
LOCATION: Approximately
the east 275 feet of Tax Lot 17,
Section 15-22-4
APPLICATION FILED:
March 13, 1986
DEC. OF NONSIGNIFICANCE:
March 13, 1986
PUBLIC HEARING:
April 2, 1986
RECOMMENDATION ISSUED:
July 14, 1986
RECOMMENDATION:
NO ACTION, Remain RA, Residential Agricultural
STAFF REPRESENTATIVES:
Jim Hansen, Planning Department
Will Wolfert, Planning Department
PUBLIC TESTIMONY:
None
WRITTEN TESTIMONY:
None
INTRODUCTION
After due consideration of the evidence presented by the applicant, all evidence
elicited during the public hearing, and as a result of the personal inspection
of the subject property and surrounding area by the Hearing Examiner, the fol-
lowing findings of fact and conclusions shall constitute the recommendation of
the Hearing Examiner on this application.
FINDINGS OF FACT
1. The subject site is located immediately to the east of the soccer fields
at Grandfield Park and is approximately 275 feet by 900 feet and of an
irregular shape.
-4-
Findings and Recommendation
West Hill Zoning Implementation Site #3B
#CPZ-86-3B
2. The entire parcel is currently zoned RA, Residential Agricultural, and is
vacant and undeveloped with the exception with several picnic tables located
in the southwest corner.
3. Surrounding land uses and zoning include the Kent Highlands landfill to the
south of the site and two soccer fields at Grandview Park site to the west.
Currently, properties to the east are undeveloped while the Jolly Roger Motor-
cycle track is located to the north. Properties on all sides of the site
within the City of Kent are zoned RA, Residential Agricultural, while the
Grandview school site to the west, located in unincorporated King County,
is zoned SR -9600, Single Family Residential.
4. There's current no formal vehicular access to the site although it can be
accessed on foot from the Grandview school soccer fields.
5. The West Hill Plan designates the subject site as P, Park.
6. The staff report, with its recommendation of No Action, retain current RA,
Residential Agricultural, zoning is incorporated herein by reference as though
fully set forth.
cw.l I IST ONS
1. The West Hill Plan seeks to preserve and enhance the natural qualities that
make the West Hill area an attractive place to live. There is currently
no park zoning designation within the Kent Zoning Code. As a result of the
topography of the site and its immediate proximity to Grandview school and
Grandview site, the RA, Residential Agricultural, zoning alternative provides
the best likelihood for maintenance of the park nature of the site.
2. In addition, there are no significant disadvantages to the retention of the
current zoning.
RECOMMENDATION
For each of the above reasons, the recommendation of the Kent Hearing Examiner
to the Kent City Council on Site #3B is NO ACTION, retain the current RA, Residen-
tial Agricultural, zoning.
Dated this day of July, 1986.
DIANE L. VANDERBEEK, HEARING EXAMINER
-5-
Findings and Recommendation
West Hill Zoning Implementation Site #3B
#CPZ-86-3B
Request for Reconsideration
Any party of record who feels the decision of the Examiner is based on error of
procedure, fact or judgment, or the discovery of new evidence may file a written
request for reconsideration with the Hearing Examiner no later than 14 days of
the date of the decision. Reconsideration requests should be addressed to:
Hearing Examiner, 220 S. Fourth Avenue, Kent, WA 98032.
Notice of Right to Appeal
The decision of the Hearing Examiner is final unless a written appeal to Council
is filed by a party of record within 14 days of the decision. The appeal must
be filed with the City Clerk and state the basis of appeal which may be errors
of fact, procedural errors, omissions from the record, errors in interpretations
of the Comprehensive Plan or new evidence. See Ordinance #2233 and Resolution
#896 for specific information.
M
GRANDVIEW
PARK
CITA, AV K FNT
WEST HILL PLAN IMPLEMENTATION
SITE NO. 3. B.
HEARING EXAMINER RETAIN RA ZONE
RECOMMENDATION
-7-
LEGEND
application site
zoning boundary --
city limits •—•—•-
SCALE
0 100 200
MIRM
.f
RIA
v
WEST HILL PLAN IMPLEMENTATION
SITE NO. 3. B.
HEARING EXAMINER RETAIN RA ZONE
RECOMMENDATION
-7-
LEGEND
application site
zoning boundary --
city limits •—•—•-
SCALE
0 100 200
FINDINGS AND RECOMMENDATION
OF THE HEARING EXAMINER FOR THE CITY OF KENT
FILE NO: #CPZ-86-3C WEST HILL ZONING IMPLEMENTATION SITE #3C
APPLICANT: CITY OF KENT
REQUEST: To consider the implementing of zoning to bring land into con-
formance with the West Hill Comprehensive Plan. The subject
property is zoned R1-72., Single Family Residential, minimum
lot size 7,200 square feet. The site is designated P, Park, on
the West Hill Plan. The staff recommendation is to retain the
current R1-7.2, Single Family Residential, zoning.
LOCATION: The site is located at the north end of the Sunnycrest Elementary
School site on 42nd Avenue S.
APPLICATION FILED: March 13, 1986
DEC. OF NONSIGNIFICANCE: March 13, 1986
PUBLIC HEARING:
RECOMMENDATION ISSUED:
RECOMMENDATION:
STAFF REPRESENTATIVES:
PUBLIC TESTIMONY:
WRITTEN TESTIMONY:
April 2, 1986
July 14, 1986
NO ACTION, Remain R1-7.2, Single Family Residential
Jim Hansen, Planning Department
Will Wolfert, Planning Department
None
None
INTRODUCTION
After due consideration of the evidence presented by the applicant, all evidence
elicited during the public hearing, and as a result of the personal inspection
of the subject property and surrounding area by the Hearing Examiner, the fol-
lowing findings of fact and conclusions shall constitute the recommendation of
the Hearing Examiner on this application.
FINDINGS OF FACT
1. The site is located at the north end of the Sunnycrest Elementary School site
on 42nd Avenue S. The site is 2.5 acres in size.
2. The site is currently used as a fenced, playground area for the Sunnycrest
Elementary School and is zoned R1-7.2, Single Family Residential.
Findings and Recommendation
West Hill Zoning Implementation Site #3C
#CPZ-86-3C
3. Surrounding land uses in the vicinity include the Washington National Guard
complex to the west, Sunnycrest Elementary School buildings to the south,
a large open space ravine to the north, and single family residential develop-
ment to the east. All surrounding properties in the vicinity are zoned
R1-7.2, Single Family Residential.
4. The site is accessed through the Sunnycrest Elementary School parking lot
on 42nd Avenue S.
5. The West Hill Plan designates the subject site as P, Park.
6. The staff report, with its recommendation of retaining the current zoning,
R1-7.2, Single Family Residential, is incorporated herein by reference as
though fully set forth.
rnNrl HrTnNC
1. There is no zoning designation for the Kent Zoning Code for "Park".
2. The West Hill Plan seeks to encourage the retention of recreational facilities
in conjunction with existing and potential school facilities. The Plan
notes that recreational and school facilities complement each other by their
functions.
3. There is no apparent disadvantage to retaining the existing zoning.
4. The other alternative is to rezone the area to RA, Residential Agricultural,
a lower density zoning which would permit only one unit per acre. However,
the retention of the existing zoning would make the subject site consistent
with the zoning in the immediate vicinity, while ensuring the continuation
of the recreational type use on the subject site.
RECOMMENDATION
For each of the above reasons, the recommendation of the Kent Hearing Examiner
to the Kent City Council on Site #3C is NO ACTION, retain the current R1-7.2,
Single Family Residential, zoning.
Dated this I� day of July, 1986.
Findings and Recommendation
West Hill Zoning Implementation Site #3C
#CPZ-86-3C
Request for Reconsideration
Any party of record who feels the decision of the Examiner is
procedure, fact or judgment, or the discovery of new evidence
request for reconsideration with the Hearing Examiner no later
the date of the decision. Reconsideration requests should be
Hearing Examiner, 220 S. Fourth Avenue, Kent, WA 98032.
Notice of Right to Appeal
based on error of
may file a written
than 14 days of
addressed to:
The decision of the Hearing Examiner is final unless a written appeal to Council
is filed by a party of record within 14 days of the decision. The appeal must
be filed with the City Clerk and state the basis of appeal which may be errors
of fact, procedural errors, omissions from the record, errors in interpretations
of the Comprehensive Plan or new evidence. See Ordinance #2233 and Resolution
#896 for specific information.
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CITY OF KENT
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WEST HILL PLAN IMPLEMENTATION
SITE NO. J C.
HEARING EXAMINER RETAIN R-1 7.2 ZONE
RECOMMENDATION
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LEGEND
application site
Azoning boundary
city limits
SCALE ��
0 100 200
FINDINGS AND RECOMMENDATION
OF THE HEARING EXAMINER FOR THE CITY OF KENT
FILE NO: #CPZ-86-3D WEST HILL ZONING IMPLEMENTATION SITE #3D
APPLICANT: CITY OF KENT
REQUEST: To consider the implementing of zoning to bring land into con-
formance with the West Hill Comprehensive Plan. The subject
property is zoned R1-7.2, Single Family Residential. The
site is designated P, Park, on the West Hill Plan. The staff
recommendation is to retain the current R1-7.2, Single Family
Residential, zoning.
LOCATION: The subject property is located north of S. 248th Street at
35th Avenue S.
APPLICATION FILED: March 13, 1986
DEC. OF NONSIGNIFICANCE: March 13, 1986
PUBLIC HEARING: April 2, 1986
RECOMMENDATION ISSUED:
RECOMMENDATION:
STAFF REPRESENTATIVES
PUBLIC TESTIMONY:
WRITTEN TESTIMONY:
July 14, 1986
NO ACTION, retain R1-7.2, Single Family Residential
Jim Hansen, Planning Department
Will Wolfert, Planning Department
None
None
INTRODUCTION
After due consideration of the evidence presented by the applicant, all evidence
elicited during the public hearing, and as a result of the personal inspection
of the subject property and surrounding area by the Hearing Examiner, the fol-
lowing findings of fact and conclusions shall constitute the recommendation of
the Hearing Examiner on this application.
FINDINGS OF FACT
1. The subject property is located north of S. 248th Street at 35th Avenue S.
and is approximately one acre in size.
2. The site is currently developed as a small neighborhood type park known as
Linda Heights Park and contains playground equipment as well as a basketball
court. In addition, the site contains a small sanitary sewer pump station.
-12-
Findings and Recommendation
West Hill Zoning Implementation Site #3D
#CPZ-86-3D
3. The site is currently zoned R1-7.2, Single Family Residential.
4. Surrounding land uses and zoning in the vicinity include I-5 to the west;
Linda Heights residential subdivision to the north and east; and the Cherry
Park Estates subdivision to the south. All surrounding uses are single family
residential and the zoning is consistent with that on the subject site; namely,
R1-7.2, Single Family Residential.
5. The site contains irregular topography and has a variety of plateaus for
the placement of playground equipment.
6. Access to the site is via a gravel roadway at S. 248th Street and 35th Avenue S.
Both of the aforementioned streets are classified as residential collectors.
7. The staff report, with its recommendation of retention of the current zoning,
No Action alternative, is incorporated herein by reference as though fully
set forth.
rnmri ii'�Tntir.
1. The West Hill Plan seeks to insure adequate land and facilities for recre-
ational opportunities to those living and working in the West Hill area.
In addition, Policy 1 of Goal 4 in the Public Facilities and Services Element
seeks to integrate neighborhood parks as part of residential development.
2. The site is currently solely developed as a residential park and serves as
outstanding example of the achievement of the goals sought in the West Hill
Plan with respect to parks. There is no disadvantage to maintaining the
currently existing zoning.
RECOMMENDATION
For each of the above reasons, the recommendation of the Kent Hearing Examiner
to the City Council on Site #3D is the retention of R1-7.2, Single Family Resi-
dential, zoning, the No Action alternative.
Dated this day of July, 1986.
_J
,* L
DIANE L. VANDE
-13-
vmfi&�t�
,BEEK, HEARING EXAMINER
Findings and Recommendation
West Hill Zoning Implementation Site #3D
#CPZ-86-3D
Request for Reconsideration
Any party of record who feels the decision of the Examiner is
procedure, fact or judgment, or the discovery of new evidence
request for reconsideration with the Hearing Examiner no later
the date of the decision. Reconsideration requests should be
Hearing Examiner, 220 S. Fourth Avenue, Kent, WA 98032.
Notice of Right to Appeal
based on error of
may file a written
than 14 days of
addressed to:
The decision of the Hearing Examiner is final unless a written appeal to Council
is filed by a party of record within 14 days of the decision. The appeal must
be filed with the City Clerk and state the basis of appeal which may be errors
of fact, procedural errors, omissions from the record, errors in interpretations
of the Comprehensive Plan or new evidence. See Ordinance #2233 and Resolution
#896 for specific information.
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WEST HILL PLAN IMPLEMENTATION
SITE NO. 3. D.
HEARING EXAMINER
RECOMMENDATION
RETAIN R-1 7.2 ZONE
-15-
IECEND: I
application site immmm"
zoning boundary --
city
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SCALE
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FINDINGS AND RECOMMENDATION
OF THE HEARING EXAMINER FOR THE CITY OF KENT
FILE NO: #CPZ-86-3F WEST HILL ZONING IMPLEMENTATION SITE #3F
APPLICANT: CITY OF KENT
REQUEST: To consider the implementing of zoning to bring land into con-
formance with the West Hill Comprehensive Plan. The subject
property is zoned R1-7.2, Single Family Residential. The site
is designated P, Park, on the West Hill Plan. The staff recom-
mendation is to retain the current R1-7.2, Single Family
Residential, zoning.
LOCATION: The subject site is located between 38th Avenue S. on the west
and Lake Fenwick on the east. It is irregular in shape and
extends as far south as S. 262nd Street and as far north as
S. 256th Street.
APPLICATION FILED: March 13, 1986
DEC. OF NONSIGNIFICANCE: March 13, 1986
PUBLIC HEARING: April 2, 1986
RECOMENDATION ISSUED: July 14, 1986
RECOMMENDATION:
STAFF REPRESENTATIVES:
PUBLIC TESTIMONY:
WRITTEN TESTIMONY:
NO ACTION, retain R1-7.2, Single Family Residential
Jim Hansen, Planning Department
Will Wolfert, Planning Department
None
None
INTRODUCTION
After due consideration of the evidence presented by the applicant, all evidence
elidited during the public hearing, and as a result of the personal inspection
of the subject property and surrounding area by the Hearing Examiner, the fol-
lowing findings of fact and conclusions shall constitute the recommendation of
the Hearing Examiner on this application.
FINDINGS OF FACT
1. The subject site is located between 38th Avenue S. on the west and Lake Fenwick
on the east. The site is irregular in shape and extends as far south as
S. 262nd and as far north as S. 256th Street.
Findings and Recommendation
West Hill Zoning Implementation Site #3F
#CPZ-86-3F
2. The site is approximately 83.7 acres in size and is currently zoned R1-7.2,
Single Family Residential.
3. Currently, large portions of the site are undeveloped open space or passive
park areas. In addition, the site contains two developed park areas. These
parks are Lake Fenwick Park and West Fenwick Park.
4. The site is surrounded by single family residential development occurring
many within formal subdivisions. All properties abutting the site are zoned
R1-7.2, Single Family Residential.
5. The staff report, with its recommendation of retention of the current R1-7.2,
Single Family Residential, zonina, the No Action alternative, is incorporated
herein by reference as though fully set forth.
rnNr.1 ASTONS
The evidence establishes no disadvantage to the retention of the current
R1-7.2, Single Family Residential, zoning. Specifically, since the property
is developed under the City of Kent ownership with portions developed as
active recreational park sites. These uses accompany the surrounding residen-
tial uses.
2. Further, the current uses help to achieve the goals, objectives, and policies
of the Natural Environment Element of the West Hill Plan. The Natural Environ-
ment Element seeks to retain and enhance the natural and physical assets
of the West Hill area including this site.
RECOMMENDATION
For each of the above reasons, the recommendation of the Kent Hearing Examiner
to the Kent City Council on Site 3F is to retain the existing R1-7.2, Single
Family Residential, zoning, the No Action alternative.
Dated this day of July, 1986.
L Va_a&Lz�
D A E L. VANDERBEEK, HEARING EXAMINER
Request for Reconsideration
Any party of record who feels the decision of the Examiner is based on error of
procedure, fact or judgment, or the discovery of new evidence may file a written
request for reconsideration with the Hearing Examiner no later than 14 days of
the date of the decision. Reconsideration requests should be addressed to:
Hearing Examiner, 220 S. Fourth Avenue, Kent, WA 98032.
-17-
Findings and Recommendation
West Hill Zoning Implementation Site #3F
#CPZ-86-3F
Notice of Right to Appeal
The decision of the Hearing Examiner is final unless a written appeal to Council
is filed by a party of record within 14 days of the decision. The appeal must
be filed with the City Clerk and state the basis of appeal which may be errors
of fact, procedural errors, omissions from the record, errors in interpretations
of the Comprehensive Plan or new evidence. See Ordinance #2233 and Resolution
#896 for specific information.
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WEST HILL PLAN IMPLEMENTATION LEGEND
application site
SITE NO. 3. F. zoning boundarl
HEARING EXAMINER RETAIA R-1 7.2 ZONING city limits
RECOMMENDATION
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O 400
-19-
FINDINGS AND RECOMMENDATION
OF THE HEARING EXAMINER FOR THE CITY OF KENT
FILE NO: #CPZ-86-3G WEST HILL ZONING IMPLEMENTATION SITE #3G
APPLICANT: CITY OF KENT
REQUEST: To consider the implementing of zoning to bring land into con-
formance with the West Hill Comprehensive Plan. The subject
property is zoned NCC, Neighborhood Convenience Commercial.
The site is designated P, Park, on the West Hill Plan. The staff
recommendation is to rezone the site to R1-7.2, Single Family
Residential.
LOCATION: The subject property is located at the southeast corner of
S. 264th Street and Military Road S.
APPLICATION FILED: March 13, 1986
DEC. OF NONSIGNIFICANCE: March 13, 1986
PUBLIC HEARING:
RECOMMENDATION ISSUED
RECOMMENDATION:
STAFF REPRESENTATIVES
PUBLIC TESTIMONY:
WRITTEN TESTIMONY:
April 2, 1986
July 14, 1986
Rezone to R1-7.2, Single Family Residential,
zoning
Jim Hansen, Planning Department
Will Wolfert Planning Department
Fred Satterstrom, Planning Department
Michael Rodgers David Cronish
Steven Martinez Thomas Connelly
Katherine Alleson Jeff Mann
Richard Mobley
None
INTRODUCTION
After due consideration of the evidence presented by the applicant, all evidence
elicited during the public hearing, and as a result of the personal inspection
of the subject property and surrounding area by the Hearing Examiner, the following
findings of fact and conclusions shall constitute the recommendation of the Hearing
Examiner on this application.
FINDINGS OF FACT
1. The subject property is located at the southeast corner of S. 264th Street
and Military Road S. and consists of two lots. The smaller of the two lots
is an irregular shaped parcel of approximately 50,000 square feet and is cur-
rently owned by the City of Kent. The larger parcel is privately owned and
is seven acres in size and generally surrounds the smaller parcel.
-20-
Findings and Recommendation
West Hill Zoning Implementation Site #3G
#CPZ-86-3G
2. The site is currently NCC, Neighborhood Convenience Commercial.
3. The site is currently undeveloped with the exception of development on the
City owned portion of the site which consists of a fence, elevated water
tower.
4. Surrounding land uses and zoning in the vicinity include single family resi-
dental development to the east, west, and north; and Glen Nelson Park to
the south.
Adjacent properties on all sides inside the City of Kent are zoned R17.2,
Single Family Residential, while properties located to the west, across
Military Road S., are in unincorporated King County and are zoned SR, Suburban
Residential.
5. The site is currently heavily wooded except for that area occupied by the
elevated water tank. The evidence establishes that there is a slope of ap-
proximately ten percent on the western half of the property. In order to
develop the site as a commercial use pursuant to the currently existing
zoning, the evidence establishes that there would have to be removal of the
majority of the existing trees, and significant alteration of the land eleva-
tions. As a result, the grade problem would restrict ingress and egress
to Military Road S. and require access to S. 264th and Hampton Way as an
alternative.
6. Both S. 264th Street and Hampton Way are residential collectors and front
on fully developed and zoned single family residential neighborhoods.
7. At the time of the public hearing, there was substantial support for the
staff recommendation of a rezone from NCC, Neighborhood Convenience Com-
mercial, to R1-7.2, Single Family Residential. Further, the owners of the
seven acre parcel, Hal Pettijohn and Bob Pike, through counsel, strongly
objected to the proposed rezone.
8. At the time of the public hearing, counsel for the property owners, R. Michael
Rodgers, objected to the hearing of the West Hill zoning implementation on
this site by the undersigned as the result of the fact that the undersigned
heard the public hearing in File #AP -86-1, an appeal before the undersigned
of the Planning Director's decision to issue a Determination of Significance
pursuant to the State Environmental Policy Act for development on this site.
9. The evidence establishes that the site has been zoned NCC, Neighborhood Com-
munity Commercial, with the adoption of the present Zoning Code in 1973,
however, previously this site was zoned C-1, Neighborhood Business between
1961 and 1973.
10. At the time the subject site first was assigned a commercial type zoning
designation in 1961, the population of the entire West Hill area was approxi-
matley 3,600. In 1981, the population had increased to over 11,000 persons,
many of whom reside in the surrounding fully developed single family residen-
tial subdivisions.
-21-
Findings and Recommendation
West Hill Zoning Implementation Site #3G
#CPZ-86-3G
11. In addition, at the time the subject site was originally given a commercial
zoning designation in 1961, Military Road was the primary north/south
arterial, due to the fact that I-5 had not yet been developed.
12. There is now commercial development at 260th and Highway 99 and at 248th
and Military Road, areas about one mile north and south of this site.
13. At the time of the public hearing, the property owners objections to the
staff recommendation of a rezone from NCC to R1-7.2 were described as being
primarily economic. Specifically, the property owner, through counsel, testi-
fied that the value of the property zoned for commercial uses is approximately
a million -and -a -half -dollars. The testimony of the applicant's counsel in-
dicated that if the property were rezoned to R1-7.2, the total value of the
larger parcel would be only $250,000. However, no written appraisals were
offered as exhibits at the time of the hearing.
14. The West Hill Plan designates the subject site as P, Parks.
15. There is no zoning designation in the City of Kent Zoning Code for parks.
16. The City of Kent Zoning Code contains no standard by which rezones are to
be judged.
17. The staff report, with its recommendation that the site be rezoned to R1-7.2,
Single Family Residential, Alternative B, is incorporated herein by reference
as though fully set forth.
CONC.I 11fiTnNS
1. The property owners Motion requesting that the undersigned decline to hear
this case pursuant to the Appearance of Fairness Doctrine is denied.
2. Because the Kent Zoning Code contains no specific standards by which to judge
rezone applications, the decision maker must consider Washington case law.
Case law is clear that there is no presumption of validity favoring the rezone
and that the proponents of the rezone have the burden of proving that con-
ditions have substantially changed since the original zoning was placed on
the site. See: Woodcrest InvestmentsIvs. Skagit County, 39 Wa.App. 622
(1985). Further, Washington case law requires general conformance between
zoning designations and the enacted Plan but not strict fidelity. See
Cathcart vs. Snohomish County, 96 Wa.2nd 201, 634 P.2d 853 (1981).
3. The evidence establishes that a zoning designation which would require resi-
dential uses, such as R1-7.2, Single Family Residential, as recommended by
staff, is in general conformance with the West Hill Plan's designation for
the site of Park. Certainly a residential zoning designation is much closer
to a park type use than a commercial use such as those uses allowed under
NCC, Neighborhood Community Commercial, zoning.
-22-
Findings and Recommendation
West Hill Zoning Implementation Site #3G
#CPZ-86-3G
4. The Housing Element of the West Hill Plan seeks to assure present and future
residents of the West Hill housing that is safe, offers a desirable living
environment, and is supported by adequate community facilities and services.
Objective 1 of Goal 1 requires that when decisions are made concerning land
use, the adequacy of an impact upon roads and other public facilities and
services must be considered. In the event that the subject site would be
allowed to develop as a commercial use, there would be a drastic impact upon
S. 264th Street and Hampton Way. This impact would be even greater when
the difficulty of providing access to Military Road S. is considered as a
result of the topography of the subject site. Goal 2 of the Housing Element
of the West Hill Plan seeks to promote residential quality and provide diverse
housing opportunity. If the subject site were developed as a commercial
use, residential quality would be diminished as a result of the lack of buf-
fering between the commercial use and single family residential uses.
5. Policy 1 of Objective 2, Goal 2, Housing Element of the West Hill Plan seeks
to require separation between residential and nonresidential areas and between
adjacent lower and higher density neighborhood settings. As indicated if
the site were developed as a commercial use, this separation would not exist.
6. While the West Hill Plan seeks to expand Glen Nelson Park to the north, it
also seeks to establish a commercial area in the Cambridge -Kentwood area.
7. Because the Land Use Map designates the site as Parks, it may be concluded
that the Plan does not encourage commercial use on this location.
8. Of the three alternatives for the subject site, the staff recommendation
of R1-7.2, Single Family Residential, most closely complies with the West
Hill' Plan. Further, the R1-7.2, Single Family Residential, zoning would
be in compliance with the surrounding zoning on literally all sides of the
subject site.
9. There is no authority given by any ordinance passed by the City of Kent,
nor any State law, nor any case law for the economic circumstances of the
property owner to be considered in making land use decisions. Accordingly,
the evidence in support of the property owners' position with respect to
the alleged loss in value of the property in the event the rezone is granted
has not been considered, as it is not permitted to be considered under
existing law.
10. The evidence establishes, as do the facts found thereon, that conditions
have substantially changed since the original zoning was placed on the site.
11. Specifically, the City of Kent has established, by a preponderance of the
evidence, numerous changes with respect to the West Hill area since the com-
mercial zoning designation was first placed on the site in 1961.
12. As indicated, a large single family residential population now resides in
the vicinity and has increased by approximately 7,500 since the time the
site was originally given a commercial zoning designation. The health,
safety, and welfare of these 7,500 persons must be considered.
-23-
Findings and Recommendation
West Hill Zoning Implementation Site #3G
#CPZ-86-3G
13. Further, at the time the site was originally zoned commercial, Military Road
was the primary north/south route. Since that time, I-5 has developed as
the primary north/south route through the area. As a result, the importance
of Military Road has significantly decreased. Even given the significantly
decreased usage of Military Road S. as a north/south route, the topography
of the site which would result in difficult, if not impossible, ingress/egress
off of Military Road clearly establishes that commercial zoning would have
much too great of a traffic impact on the surrounding neighborhoods.
14. The goals and policies of the West Hill Plan are promoted by the rezone of
the site from NCC, Neighborhood Convenience Commercial, to R1-7.2, Single
Family Residential.
RECOMMENDATION
For each of the above reasons, the recommendation of the Kent Hearing Examiner
to the Kent City Council on Site #3G is to rezone from NCC, Neighborhood Con-
venience Commercial, to R1-7.2, Single Family Residential.
Dated this 14th day of July, 1986.
'lik L , k, �W'
DIANE L. VANDERBEEK, HEARING EXAMINER
Request for Reconsideration
Any party of record who feels the decision of the Examiner is based on error of
procedure, fact or judgment, or the discovery of new evidence may file a written
request for reconsideration with the Hearing Examiner no later than 14 days of
the date of the decision. Reconsideration requests should be addressed to:
Hearing Examiner, 220 S. Fourth Avenue, Kent, WA 98032.
Notice of Right to Appeal
The decision of the Hearing Examiner is final unless a written appeal to Council
is filed by a party of record within 14 days of the decision. The appeal must
be filed with the City Clerk and state the basis of appeal which may be errors
of fact, procedural errors, omissions from the record, errors in interpretations
of the Comprehensive Plan or new evidence. See Ordinance#2233 and Resolution
#896 for specific information.
-24-
C Ff V f)F K F?V T
S 262NO ',T
WEST HILL PLAN IMPLEMENTATION
SITE NO. 3.G.
HEARING EXAMINER REZONE TO R-1 7.2
RECOMMENDATION
-25-
Vd i n n
2i
oe
LEGEND
application site mmmmmm
Azoning boundary
city limits
SCALE:
0 100 200--)
FINDINGS AND RECOMMENDATION
OF THE HEARING EXAMINER FOR THE CITY OF KENT
FILE NO: #CPZ-86-3H WEST HILL ZONING IMPLEMENTATION SITE #3H
APPLICANT: CITY OF KENT
REQUEST: To consider the implementing of zoning to bring land into con-
formance with the West Hill Comprehensive Plan. The subject
property is zoned R1-7.2, Single Family Residential. The site
is designed P, Park, on the West Hill Plan. The staff recom-
mendation is to retain the current R1-7.2, Single Family
Residential, zoning.
LOCATION: The property is located on the east side of Military Road S.
at the northeast corner of S. 268th and Military Road.
APPLICATION FILED: March 13, 1986
DEC. OF NONSIGNIFICANCE: March 13, 1986
PUBLIC HEARING: April 2, 1986
RECOMMENDATION ISSUED: July 14, 1986
RECOMMENDATION: NO ACTION, retain the R1-7.2, Single Family
Residential, zoning
STAFF REPRESENTATIVES: Jim Hansen, Planning Department
Will Wolfert, Planning Department
PUBLIC TESTIMONY: N6ne
WRITTEN TESTIMONY: None
INTRODUCTION
After due consideration of the evidence presented by the applicant, all evidence
elicited during the public hearing, and as a result of the personal inspection
of the subject property and surrounding area by the Hearing Examiner, the following
findings of fact and conclusions shall constitute the recommendation of the Hearing
Examiner on this application.
FINDINGS OF FACT
1. The subject property is located on the east side of Military Road S. at the
northeast corner of S. 268th and Military Road S.
-26-
Findings and Recommendation
West Hill Zoning Implementation Site #3H
#CPZ-86-3H
2. The subject site is approximately 9.5 acres in size and is developed as a
community park, Glen Nelson Park.
3. The current zoning of the property is R1-7.2, Single Family Residential, and
the site is designated P, Park, in the West Hill Plan.
4. Surrounding land uses and zoning in the vicinity include single family resi-
dential development on three sides. The surrounding property to the south
and west are outside of the Kent city limits and the Cambridge subdivision
is located to the east. Currently, the property to the north is zoned NCC,
Neighborhood Convenience Commercial. However, this site is also under con-
sideration for a rezone. SEE: CPZ-86-3G.
5. The site is now developed as Glen Nelson Park including baseball and softball
field, soccer field, and lighted tennis courts. Further, the park has a chil-
dren's play equipment, a picnic area with tables, shelters, barbeques and
restrooms. Portions of the site not used as active recreation areas are left
in a wooded state and the site is now fenced around the active area.
6. Access to the park is from S. 268th Street which is a residential collector
street within a 60 foot right of way.
7. There is no Park zoning designation within the Kent Zoning Code.
8. The staff report, with its recommendation of retention of the existing R1-7.2,
Single Family Residential, zoning, No Action Alternative, is incorporated
herein by reference as though fully set forth.
rnNri iicrnNs
1. There is no disadvantage to the retention of the presently existing R1-7.2,
Single Family Residential, zoning. The advantage of this alternative is the
maintenance of consistent and compatible zoning with development of properties
in the surrounding vicinity. Single family residential zoning is also compatible
with park development on this site.
RECOMMENDATION
For each of the above reasons, the recommendation of the Kent Hearing Examiner
to the Kent City Council on Site #3H is retention of the current R1-7.2, Single
Family Residential, zoning, the No Action Alternative.
Dated this day of July, 1986.
L U�
L. VANDERBEEK, H
-27-
Findings and Recommendaiton
West Hill Zoning Implementation Site #3H
#CPZ-86-3H
Reauest for Reconsideration
Any party of record who feels the decision of the Examiner is based on error of
procedure, fact or judgment, or the discovery of new evidence may file a written
request for reconsideration with the Hearing Examiner no later than 14 days of
the date of the decision. Reconsideration requests should be addressed to: Hearing
Examiner, 220 S. Fourth Avenue, Kent, WA 98032.
Notice of Right to Appeal
The decision of the Hearing Examiner is final unless a written appeal to Council
is filed by a party of record within 14 days of the decision. The appeal must
be filed with the City Clerk and state the basis of appeal which may be errors
of fact, procedural errors, omissions from the record, errors in interpretations
of the Comprehensive Plan or new evidence. See Ordinance #2233 and Resolution
#896 for specific information.
i'111A Ill. kl.%'t
WEST HILL PLAN IMPLEMENTATION
SITE NO. J.
HEARING EXAMINER RETAIN R-1 7.2 ZONE
RECOMMENDATION
-29-
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WEST HILL PLAN IMPLEMENTATION
SITE NO. J.
HEARING EXAMINER RETAIN R-1 7.2 ZONE
RECOMMENDATION
-29-
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application site mmm',%X
Azoning boundary
city limits
SCALE:
0 100 200
FINDINGS AND RECOMMENDATION
OF THE HEARING EXAMINER FOR THE CITY OF KENT
FILE NO: #CPZ-86-3I WEST HILL ZONING IMPLEMENTATION SITE #3I
APPLICANT: CITY OF KENT
REQUEST: To consider the implementing of zoning to bring land into con-
formance with the West Hill Comprehensive Plan. The subject
property is zoned R1-9.6, Single Family Residential. The site
is designated P, Park, on the West Hill Plan. The staff recom-
mendation is to retain the current R1-9.6, Single Family Resi-
dential, zoning.
LOCATION: The site is located in the southeast quadrant of the intersection
of 40th Avenue S. and S. 268th Street extended.
APPLICATION FILED: March 13, 1986
DEC. OF NONSIGNIFICANCE: March 13, 1986
PUBLIC HEARING: April 2, 1986
RECOMMENDATION ISSUED: July 14, 1986
RECOMMENDATION:
STAFF REPRESENTATIVES
PUBLIC TESTIMONY:
WRITTEN TESTIMONY:
NO ACTION, retain the R1-9.6, Single Family
Residential, zoning
Jim Hansen, Planning Department
Will Wolfert, Planning Department
None
None
INTRODUCTION
After due consideration of the evidence presented by the applicant, all evidence
elicited during the public hearing, and as a result of the personal inspection
of the subject property and surrounding area by the Hearing Examiner, the following
findings otf fact and conclusions shall constitute the recommendation of the Hearing
Examiner on this application.
FINDING OF FACTS
1. The subject site is located on the southeast quadrant of the intersection
of 40th Avenue S. and S. 268th Street extended.
2. The site is 4.13 acres in size and is currently zoned R1-9.6, Single Family
Residential.
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Findings and Recommendation
West Hill Zoning Implementation Site #3I
#CPZ-86-3I
3. The site is designated P, Park, on the West Hill Plan.
4. There is no zoning designation for parks in the Kent Zoning Code.
5. The site is the northern portion of the Star Lake Elementary School site and
it is used as a school play area with minimal site or recreation development.
The site is primarily open space.
6. Surrounding land uses and zoning in the vicinity include the Totem Junior
High School site to the north; single family residential development to the
east and west; and the Star Lake -Elementary School building to the south.
7. The site is generally flat and has no significant environmental constraints
to development.
8. The evidence establishes that access to the site is from 40th Avenue S. which
is a residential collector with a 60 foot right of way.
9. The staff report, with its recommendation of retention of the R1-9.6, Single
Family Residential, zoning, No Action Alternative, is incorporated herein
by reference as though fully set forth.
rnNrl IICTnNC
1. The West Hill Plan seeks to develop existing and potential school facilities
to complement the function of each. The site is ideally located to fulfill
the intent of this policy since the Star Lake Elementary School is immediately
adjacent to Totem Junior High School.
2. There is no disadvantage to the maintenance of the current R1-9.6, Single
Family Residential, zoning.
RECOMMENDATION
For each of the above reasons, the recommendation of the Kent Hearing Examiner
to the Kent City Council on Site #3I is that the existing R1-9.6, Single Family
Residential, zoning, No Action Alternative, be retained.
Dated this day of July, 1986.
D NE L. L ERBEEK, HEARING EXAMINER
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Findings and Recommendaiton
West Hill Zoning Implementation Site #3I
#CPZ-86-3I
Request for Reconsideration
Any party of record who feels the decision of the Examiner is based on error of
procedure, fact or judgment, or the discovery of new evidence may file a written
request for reconsideration with the Hearing Examiner no later than 14 days of
the date of the decision. Reconsideration requests should be addressed to: Hearing
Examiner, 220 S. Fourth Avenue, Kent, WA 98032.
Notice of Right to Appeal
The decision of the Hearing Examiner is final unless a written appeal to Council
is filed by a party of record within 14 days of the decision. The appeal must
be filed with the City Clerk and state the basis of appeal which may be errors
of fact, procedural errors, omissions from the record, errors in interpretations
of the Comprehensive Plan or new evidence. See Ordinance #2233 and Resolution
#896 for specific information.
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FINDINGS AND RECOMMENDATION
OF THE HEARING EXAMINER FOR THE CITY OF KENT
FILE NO: #CPZ-86-4 WEST HILL ZONING IMPLEMENTATION SITE #4
APPLICANT: CITY OF KENT
REQUEST: To consider the implementing of zoning to bring land into confor-
mance with the West Hill Comprehensive Plan. The subejct property
is zoned GC, General Commercial. The site is designated MHP,
Mobile Home Park, on the West Hill Plan. The staff recommendation
is to rezone the property to MRH, High Density Multifamily Resi-
dential.
LOCATION: The site lies between Interstate 5 and unimproved 32nd Avenue S.
APPLICATION FILED: March 13, 1986
DEC. OF NONSIGNIFICANCE: March 13, 1986
PUBLIC HEARING:
RECOMMENDATION ISSUED:
RECOMMENDATION:
STAFF REPRESENTATIVES:
PUBLIC TESTIMONY
WRITTEN TESTIMONY:
April 16, 1986
July 14, 1986
Rezone to MRH, High Density Multifamily Residential
Jim Hansen, Planning Department
Libby Hudson, Planning Department
Donald M. Barnes
Christine Houser
Richard F. Johnson, Washington State Department of
Transportation
INTRODUCTION
After due consideration of the evidence presented by the applicant, all evidence
elicited during the public hearing, and as a result of the personal inspection
of the subject property and surrounding area by the Hearing Examiner, the fol-
lowing findings of fact and conclusions shall constitute the recommendation of
the Hearing Examiner on this application.
FINDINGS OF FACT
1. The subject site is located between Interstate 5 and unimproved 32nd Avenue S.
The site is 5.2 acres in size and is one lot. It begins 300 feet from the
north property line.
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Findings and Recommendation
West Hill Zoning Implementation Site #4
#CPZ-86-4
2. The site measures 165 feet at the north boundary and 210 feet at the south
boundary, at a length of 440 feet.
3. The site is currently undeveloped and zoned GC, General Commercial.
4. Surrounding zoning and land uses in the vicinity include the Park of Pines
Church to the north of Site 4 on the same parcel (Lot 18). The Church is
currently zoned GC. Site 5 is located to the southern portion of Lot 18.
This area is undeveloped and currently zoned GC. To the west of the site
the Green Acres and Del Mar mobile home parks are located and are currently
zoned MHP, Mobile Home Park. To the east is Interstate 5. To the west of
the site, at a distance of approximately 1,000 feet is Pacific Highway S.
Currently, a variety of commercial establishments front along the Highway
including the Midway Drive -In Theater. In addition, Highline Community College
is located approximately one-quarter mile west of the subject site.
5. The site experiences high noise levels from the adjacent I-5 freeway and it
is level and vegetation with several large firs and maples.
6. Water service is available from King County Water District 7#75 and current
access to the site is located off of 30th Avenue S. by way of an easement.
In addition, future access is possible from 32nd Avenue S. after the street
is improved.
7. The West Hill Plan designates the subject site is MHP, Mobile Home Park.
The staff recommendation is that Alternative B, a rezone to MRH, High Density
Multifamily Residential, be adopted.
8. The staff report, with its recommendation of the adoption of Alternive B,
rezone to MRH, High Density Multifamily Residential, is incorporated herein
by reference as though fully set forth.
rnNri IICTnNC
1. The Natural Environment Element of the West Hill Plan seeks to encourage the
preservation of significant, existing trees to satisfy a portion of required
landscaping.
2. The Housing Element of the West Hill Plan seeks to separate residential and
nonresidential areas between adjacent lower and higher density residential
neighborhoods settings.
3. Further, the Human Environment Resources Element of the West Hill Plan seeks
to encourage higher density residential development close to employment and
recreational centers.
4. The multifamily zoning proposed by staff, 24-40 dwelling units per acre is
the highest density residential. One suggestion for this type of housing
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Findings and Recommendation
West Hill Zoning Implementation Site #4
#CPZ-86-4
density is lower priced rental housing for students which is located in close
proximity to Highline Community College and the freeway.
5. Mobile home parks are allowed only in residential zones with the exception
of Rl, Single Family Residential, districts. Mobile homes and accessory uses
are permitted in the Mobile Home Park Combining District, CD -MHP.
6. The disadvantage of retaining the current GC, General Commercial, zoning on
the site is that potential incompatible commercial development could locate
adjacent to the existing mobile home parks.
7. On the other hand, the advantage to the rezone to MRH, High Density Multifamily
Residential, is that it would bring the zoning into compliance with the West
Hill Plan. Further, the MRH zoning as proposed by staff would prevent the
possibility of the site being commercial developed, thus creating an incompatible
land use on the subject site when compared with the mobile home parks to the
west of the subject site.
RECOMMENDATION
For each of the reasons, the recommendation of the Kent Hearing Examiner to the
Kent City Council is that Site #4 be rezoned from GC, General Commercial, to
MRH, High Density Multifamily Residential.
Dated this day of July, 1986.
�•V
I NE L. VANDERBEEK, HEARING EXAMINER.
Reouest for Reconsideration
Any party of record who feels the decision of the Examiner is based on error of
procedure, fact or judgment, or the discovery of new evidence may file a written
request for reconsideration with the Hearing Examiner no later than 14 days of
the date of the decision. Reconsideration requests should be addressed to: Hearing
Examiner, 220 S. Fourth Avenue, Kent, WA 98032.
Notice of Right to Appeal
The decision of the Hearing Examiner is final unless a written appeal to Council
is filed by a party of record within 14 days of the decision. The appeal must
be filed with the City Clerk and state the basis of appeal which may be errors
of fact, procedural errors, omissions from the record, errors in interpretations
of the Comprehensive Plan or new evidence. See Ordinance #2233 and Resolution
#896 for specific information.
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WEST HILL PLAN IMPLEMENTATION
SITE NO. 4.
HEARING EXAMINER REZONE TO MRH
RECOMMENDATION
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FINDINGS AND RECOMMENDATION
OF THE HEARING EXAMINER FOR THE CITY OF KENT
FILE NO: #CPZ-86-5 WEST HILL ZONING IMPLEMENTATION SITE #5
APPLICANT: CITY OF KENT
REQUEST: To consider the implementing of zoning to bring land into con-
formance with the West Hill Comprehensive Plan. The subject
property is zoned GC, General Commercial. The site is designated
MF 40, Multifamily (24-40 du/ac) on the West Hill Plan. The
staff recommendation is to rezone portions of the site to
MRH, High Density Multifamily Residential and retain portions
of the site GC, General Commercial.
LOCATION: The site is bounded by 30th Avenue S. to the west, I-5 to the
east and S. 240th to the south.
APPLICATION FILED: March 13, 1986
DEC. OF NONSIGNIFICANCE: March 13, 1986
PUBLIC HEARING: April 16, 1986
RECOMMENDATION ISSUED: July 14, 1986
RECOMMENDATION: Rezone portions of the site to MRH, High Density
Multifamily Residential and retain portions of
the site GC, General Commercial.
STAFF REPRESENTATIVES: Jim Hansen, Planning Department
Libby Hudson, Planning Department
Lin Ball, Planning Department
PUBLIC TESTIMONY: Jeff Mann
Aaron Veederoff
Bob Feller
WRITTEN TESTIMONY: The Enrichment Living Seminar
INTRODUCTION
After due consideration of the evidence presented by the applicant, all evidence
elicited during the public hearing, and as a result of the personal inspection
of the subject property and surrounding area by the Hearing Examiner, the following
findings of fact and conclusions shall constitute the recommendation of the Hearing
Examiner on this application.
FINDINGS OF FACT
1. West Hill Zoning Implementation Site #5 is located just south of Kent -Des
Moines Road and west of I-5, east of Pacific Highway S., north of 240th Street
and to the east of 30th Avenue S.
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Findings and Recommendation
West Hill Zoning Implementation Site #5
#CPZ-86-5
2. The West Hill Plan designates the
and Multifamily (MF), 24-40 units
site as Multifamily (MF), 40 units per acre
per acre.
3. The site is currently zoned GC, General Commercial.
to MRH,
staff is recommending that port iain
tlons of the site be rezoned existing GC zoning.
Multifamily High
4. The s and portions retain the currently
ve
subject site is 7.2 acres in size. The itedconsi fromstitef 451becausevtheal
5. The subs The portions
properties. The south half of Lot with
is ext to the eastern
zoning is currently no inevelolictaretinttheWareaHoflLota18, Writhed Living
of the site which are undeveloped the E
et is
portion of the
site. Tficeeandrlecturn 400 eecenter . The remaining 200
0on Lopel2of
Seminar Workshop, an of
the Parcel #0440 is undeveloped. A single family residence is
as recently approved with conditions
the Terry Villa Apartments are on Parcel #0446, and Parcel #0445 is the ea -
Tac Pet Lodge. A conditional use per
e on the Sea -Tac Pet Lodge site.
to allow amini-warehoussingle family house
H
6. The south one-half of Lot 11 is developed with a ighnDensiy ultifamily
and otherwise undeveloped on property zoned MRH, ig
Residential. To the north of the subJeidential. Toct site is theawest 1ofAthe tsite,
zoned MRH, High Density Multifamily Res is the TipTrailer
along S. 240th Street in an MHP, Mobile toPthe,westeinclude the Brparwo d
Court, mobile home park. Other prop
A artments and a parking lot which are zoned GC, General Commercial. Fur
therP
to the south, the Midway Drive In Theater is located in a G zonef a portion
ro erty is developed
7. The site is level and all �otsTheare
E�richmeni Livwithnghp exception °00 foot: eastern
of Lot 18 which is foreste in the western 400 feet while the 2
and has perimeter landscaping
portion is vegetated with some large firs and maple trees• residence
g. Current access to the Enrichment Living property, the single family
Villa Apartments is off of 30th Avenue S., which is classified
and the Terry
as a local access street with a 60 foot right of way.cents from S. 240th Street
there is access to the Terry Villa Apart
9. In addition, 30th Avenue S.
and access to the Pet Lodot from this
Park tofnPine uChurch ylocated on the north -
serves as the access to
end of Lot 18, on Site #4.
Jeff Mann, a planning consultant, repre-
10. At the time of the public hearing,
sented the owners of the Pet Lodge with the approved mini -warehouse on the
The owners are in agreement with staff recommendation
wihat
re at portion
site. Further, Mr. Mann inquired
of Site #5 retain its GC zoning.
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Findings and Recommendation
West Hill Zoning Implementation Site #5
#CPZ-86-5
to a piece of property owned by Mr. Tom Tate which is bounded on three sides
by Site #5, and is the MRH site in middle of Site #5. The parcel owned by
Tom Tate referenced is not within the boundaries of Site #5 and Mr. Mann inquired
with respect to whether or not it could be included in a discussion of Site #5.
11. The legal notice for the hearings with respect to Site #5 did not include
the MRH site referenced.
12. A representative of the Enriched Living property, Aaron Veederoff, offered
additional information with respect to the type of use occurring on the En-
riched Living Seminar property, and testified in support of the staff's
recommendation.
13. The staff report, with its recommendation of Alternative C, rezone portions
of the site to MRH, High Density Multifamily Residential, and retain portions
of the site GC, General Commercial, is incorporated herein by reference as
though fully set forth.
CONCLUSIONS
1. The legal notice requirements for any rezone under the City of Kent Ordinances
and Washington State law require that every property owner be legally notified
and that the entire parcel included in the legal notice. Accordingly,
Mr. Mann's request on behalf of property owner, Tom Tate, with respect to
the MRH site in the middle of Site #5 is denied. While staff might have con-
sidered adding a discussion of this site with consideration of the entire
Site #5, at this late stage, the notice requirements are legally insufficient
and accordingly, the request must be denied.
2. The Natural Environment Element of the West Hill Plan seeks to maintain and
restore the natural character of the West Hill community through the retention
and introduction of native plants in existing and planned developments and
changes to existing development.
3. Further, the Housing Element of the West Hill Plan seeks to provide a variety
of neighborhood settings such that a wide variety of housing types, densities,
and prices are available. `
4. Further, the Human Environment Services Element of the West Hill Plan seeks
to encourage higher density residential development close to employment and
recreational centers.
5. The staff recommendation on Site #5 conflicts with the staff's recommendation
on Site #4. In this instance, the staff is recommending high density multi-
family residential development next to a GC zone. This analysis is in direct
conflict with the staff rationale with respect to Site #4.
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Findings and Recommendation
West Hill Zoning Implementation Site #5
#CPZ-86-5
6. However, consideration must be given to problems associated with the creation
of nonconforming uses, and the overall appropriateness for the proposed zoning
when considering the zoning in the entire area.
7. Further, Alternative C is in compliance with the West Hill Plan.
8. Following a carefull weighing of all appropriate factors, the undersigned
concludes that the staff has established, by a preponderance of the evidence,
good rationale for the adoption of Alternative C, rezoning portions of the
site to MRH, High Density Multifamily Residential, and retaining portions
of the GC, General Commercial, zoning.
9. Not only is the recommending zoning in compliance with the West Hill Plan,
it is compatible with adjacent land uses. Further, the GC, General Commercial,
zoning on the southern portion of the site will be compatible with GC zoning
further to the south, while avoiding the creation of a nonconforming use cur-
rently on the site.
RECOMMENDATION
For each of the above reasons, the recommendation of the Kent Hearing Examiner
to the Kent City Council on Site #5 is Alternative C, rezone portions of the site
to MRH, High Density Multifamily Residential, and retain portions of the GC, General
Commercial, zoning.
Dated this day of July, 1986.
11
Request for Reconsideration
Any party of record who feels the decision of the Examiner is based on error of'
procedure, fact or judgment, or the discovery of new evidence may file a written
request for reconsideration with the Hearing Examiner no later than 14 days of
the date of the decision. Recontideration requests should be addressed to: Hearing
Examiner, 220 S. Fourth Avenue, Kent, WA 98032.
Notice of Riqht to Appeal
The decision of the Hearing Examiner is final unless a written appeal to Council
is filed by a party of record within 14 days of the decision. The appeal must
be filed with the City Clerk and state the basis of appeal which may be errors
of fact, procedural errors, omissions from the record, errors in interpretations
of the Comprehensive Plan or new evidence. See Ordinance #2233 and Resolution
#896 for specific information.
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FINDINGS AND RECOMMENDATION
OF THE HEARING EXAMINER FOR THE CITY OF KENT
FILE NO: #CPZ-86-6 WEST HILL ZONING IMPLEMENTATION SITE #6
APPLICANT: CITY OF KENT
REQUEST: To consider the implementing of zoning to bring land into conformance
with the West Hill Comprehensive Plan. The subject property is zoned
R1-9.6 and R1-7.2, Single Family Residential. The site is designated
as Limited Commercial/Office on the West Hill Plan. The staff recom-
mendation is to adopt Alternative B, rezoning the site to "0", Profes-
sional and Office.
LOCATION: The property lies along the east side of Military Road South, running
from South 240th Street (extended) at its northern boundary, to a
point approximately 260 feet north of South 244th Street.
APPLICATION FILED: March 13, 1986
DEC. OF NONSIGNIFICANCE: March 13, 1986
PUBLIC HEARING:
April 16, 1986
RECOMMENDATION ISSUED: July 14, 1986
RECOMMENDATION:
STAFF REPRESENTATIVES:
PUBLIC TESTIMONY:
NO ACTION, retain the existing Rl, Single Family
Residential, zoning
Jim Hansen, Planning Department
Lin Ball, Planning Department
Anne Biteman
Debbit Ladenburg
Ben Toland
Kristine Case
Chauncey Deschenes
Jo Deschenes
Chuck Burns
Mark Laird
Harold Schwanke
Felix Porter
Al Goerke
Barbara Brumbach
Don Knapp
WRITTEN TESTIMONY: A petition containing 62 signatures
Felix Porter
Patricia Porter
Anne Biteman
Victor Case
Kris Case
Mark Laird
Cathy Laird
Washington Department of Transportation - Richard Johnson
-43-
Findings and Recommendation
West Hill Zoning Implementation Site #6
CPZ-86-6
INTRODUCTION
After due consideration of the evidence presented by the applicant, all evidence
elicited during the public hearing, and as a result of the personal inspection
of the subject property and surrounding area by the Hearing Examiner, the following
findings of fact and conclusions shall constitute the recommendation of the Hearing
Examiner on this application.
FINDINGS OF FACT
1. The subject site is approximately six acres in size and is located along the
east side of Military Road South, running from South 240th Street (extended)
at its northern boundary, to a point at its northern boundary, to a point
approximately 260 feet north of South 244th Street. The subject property consists
of 19 lots. All of the lots are currently developed and zoned for single family
residential uses, with the exception of Tax Lot 147 which is vacant. Lots located
in the Valley Vista Subdivision are zoned R1-9.6, Single Family Residential,
while remaining lots are zoned R1-7.2, Single Family Residential.
2. Adjacent properties on all sides are currently zoned single family residential
while properties abutting the site on the east and west across Military Road
are also developed as single family dwellings. Property adjacent to the site
to the south is vacant and is owned by the City of Seattle and proposed as a
future water reservoir site. Approximately 500 feet to the south of the site
along Military Road is a small neighborhood shopping center. The City limit
line runs along the northern boundary of the subject site.
3. The Planning Commission originally recommended that the site retain its single
family residential zoning. However, for reasons hot entirely clear from the
record, the City Council changed the Planning Commission's recommendation and
designated the subject site as 0, Professional and Office, at the time of the
adoption of the West Hill Plan in December of 1984.
4. The properties which abut Military Road are flat, and properties to the east:
of Military Road drop to the east with a slope of five to ten percent. Many
of the properties have valley views.
5. There are four streets which serve the subject site including Military Road,
South 241st Street, South 242nd Street, and South1243rd Street.
6. The staff recommendation for Alternative B, rezone the site to 0, Professional
and Office zoning, is as the result of the West Hill Plan zoning designation.
Given the total incompatibility of an 0 zoning designation with the currently
existing uses on the subject site, and land uses in the surrounding vicinity,
the undersigned inquired at the time of the public hearing of staff as to the
reason for the staff recommendation. The response to the inquiry by Jim Hanson,
Planning Department, was "No, I don't think that we could come up with any other
direct justification for the recommendation other than planned designation within
the last two years designated and officially made by our Council."
-44-
Findings and Recommendation
West Hill Zoning Implementation Site #6
CPZ-86-6
7. There was intense public opposition to staff recommendation at the time of the
public hearing. The opposition was based upon several factors. The primary
factor was the conflict which an office use would create on the site with the
surrounding single family residential on virtually all sides. As illustrative
of this conflict, the children who walk to Sunnycrest Elementary School in the
vicinity and their safety was given as an example. Witnesses who testified
lived in the vicinity and bought their property with the expectation was, and
would remain, zoned for single family uses. Persons who do not generally get
involved in the political process felt so strongly about the staff recommendation
in this particular instance that they gave public testimony. Specifically, one
witness testified "...I am not one for politics and that stuff but I am totally
against it." (referencing the staff recommendation)
8. It was further pointed out that the plan was some two years old and that part
of the reason for additional public hearings on the plan of implementation is
to provide additional input in the decision-making process.
9. The staff report, with its staff recommendation of the adoption of Alternative
B, rezone the site to 0, Professional and Office zoning, is incorporated herein
by references so fully set forth.
CONCLUSIONS
1. The Kent Zoning Code contains no standards by which to judge a rezone.
2. Given the lack of standards, the decision maker must rely on state law which
indicates that the proponent of a rezone has the burden of proof. While zoning
designations are required to be in "general compliance" with the Comprehensive
Plan, a long-standing series of cases establish that a Comprehensive Plan designa-
tion alone, without more, is an insufficient legal justification for a rezone.
3. The conclusion to be drawn from thefacts above is that the West Hill Plan designa-
tion on the site is inappropriate.
4. The surrounding zoning in the vicinity, as well as existing land use, is solely
single family residential. While Military Road South is a primary arterial with
a large number of vehicle trips per day, that fact alone is insufficient justifica-
tion to destroy a fully developed residential neighborhood by allowing office
uses to develop in the vicinity. The housing element of the West Hill Plan supports
the retention of Site 6 as a single family residential zone. Specifically, goal
2 seeks to promote development patterns which insure residential quality and provide
diverse housing opportunity. Residential quality is greatly reduced by allowing
office uses to locate immediately adjacent to single family uses.
The goals, policies and objectives of the West Hill Plan, as well as the desires
of the citizens in the neighborhood and the Kent Planning Commission fully support
retaining the existing Rl, Single Family Residential zoning on the subject property.
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Findings and Recommendation
West Hill Zoning Implementation Site #6
CPZ-86-6
RECOMMENDATION
For each of the above reasons, the recommendation of the Kent Hearing Examiner to
the Kent City Council on Site #6 is Alternative A, no action, retain the existing
Rl, Single Family Residential, zoning.
Dated this ly day of July, 1986.
DIANE L. VANDERBEEK, HEARING EXAMINER
Request for Reconsideration
Any party of record who feels the decision of the Examiner is based on error of
procedure, fact or judgment, or the discovery of new evidence may file a written
request for reconsideration with the Hearing Examiner no later than 14 days of the
date of the decision. Reconsideration requests should be addressed to:
Hearing Examiner, 220 South Fourth Avenue, Kent, WA 98032.
Notice of Riqht to AQoeal
The decision of the Hearing Examiner is final unless a written appeal to Council is
filed by a party of record within 14 days of the decision. The appeal must be filed
with the City Clerk and state the basis of appeal which may be errors of fact, pro-
cedural errors, omissions from the record, errors in interpretations of the Compre-
hensive Plan or new evidence. See Ordinance #2233 and Resolution #896 for specific
information.
-46-
i"fes
FINDINGS AND RECOMMENDATION
OF THE HEARING EXAMINER FOR THE CITY OF KENT
FILE NO: #CPZ-86-7 WEST HILL ZONING IMPLEMENTATION SITE #7
APPLICANT: CITY OF KENT
REQUEST: To consider the implementing of zoning to bring land into conformance
with the West Hill Comprehensive Plan. The subject property is zoned
GC, General Commercial. The West Hill Plan designates the property
as Mobile Home Park. The staff recommends that Alternative B, rezoning
the site to MRG, Garden Density Multifamily Residential, be adopted
for Site #7.
LOCATION: The property is located at 24426 Pacific Highway South, at the western
end of the Mobile Mansions Mobile Home Park.
APPLICATION FILED: March 13, 1986
DEC. OF NONSIGNIFICANCE: March 13, 1986
PUBLIC HEARING: May 7, 1986
RECOMMENDATION ISSUED: July 14, 1986
RECOMMENDATION: NO ACTION, Alternative A. Retain the existing GC,
General Commercial, zoning.
STAFF REPRESENTATIVES: Jim Hansen, Planning Department
Fred Satterstrom, Planning Department
PUBLIC TESTIMONY: Herbert Johnson
Betty Lou Cappella
WRITTEN TESTIMONY: Richard Johnson, Washington State Department of
Transportation
INTRODUCTION
After due consideration of the evidence presented by the applicant, all evidence
elicited during the public hearing, and as a result of the personal inspection of
the subject property and surrounding area by the Hearing Examiner, the following
findings of fact and conclusions shall constitute the recommendations of the Hearing
Examiner on this application.
FINDINGS OF FACT
1. The subject site, Site 7 of the West Hill Zoning Implementation, is approximately
.74 acres in size and is located at 24426 Pacific Highway South at the western
end of Mobile Mansions Mobile Home Park.
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Findings and Recommendation
West Hill Zoning Implementation Site #7
#CPZ-86-7
2. The property is rectangular in shape with 100 feet of frontage on Pacific Highway
South and a depth of approximately 330 feet on the south and 315 feet on the
northern boundary.
3. Currently the property is occupied by three residential structures each of which
has two units for a total of six apartments on the site.
4. The subject property serves as the entry to the Mobile Mansions Mobile Home Park
and the apartment units are managed in concjunction with the mobile home park.
The site also contains some gravel pads for travel trailer hookups for persons
travelling in the vicinity.
5. The subject site is currently zoned GC, General Commercial, and has been zoned
for general commercial uses since its annexation into the City of Kent in 1962.
6. Surrounding land uses and zoning to the north, south and west across Pacific
Highway South are zoned GC, while the abutting property to east is zoned MHP,
Mobile Home Park.
7. The property to the east is developed with the Mobile Mansions Mobile Home Park
which contains 38 mobile homes all currently occupied by approximately two persons
per unit. The site of the mobile home park is approximately four acres.
8. At the time of the public hearing Betty Lou Cappella, one of the owners of the
subject site, testified with respect to the difficulty in keeping the four units
rented as a result of the traffic patterns on Pacific Highway South.
9. Concern was also expressed with respect to the appropriateness of the site for
residential uses as a result of the potential problems from the Midway and Kent
Highlands Landfills with respect to odor and potentially unsafe methane levels.
10. The staff report, with its recommendation that the site be rezoned to MRG, Garden
Density Multifamily Residential, is incorporated herein by references fully set
forth.
CONCH 11STOV
1. There are no specific criteri4 for judging rezone applications in the Kent Zoning
Code. However, under Washington State Law, the proponent of the rezone has the
burden of proof. While zoning is required to be "in general conformance" with
the Comprehensive Plan, case law clearly establishes that a comprehensive plan
designation standing alone is an insuffient rationale for a rezone.
2. In this instance, the site is not appropriate for use as a multifamily residential
development. Specifically, the site fronts upon Pacific Highway South and is
surrounded on all sides with the exception of the east side by GC uses.
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Findings and Recommendation
West Hill Zoning Implementation Site #7
#CPZ-86-7
3. While the four residential dwelling units on the site are legal nonconforming
uses, the fact that retaining the currently existing zoning retains a nonconform-
ing use is insignificant compared to the inconsistency with surrounding zoning
that the proposed rezone to MRG would create.
4. The housing element of the West Hill Plan seeks to assure present and future hous-
ing that is safe, offers a desirable living environment, and is supported by adequte
community facilities and services. While it is not stated in the housing element
of the West Hill Plan, it can be assumed that the housing element applies to all
types of housing, both single family residential and multifamily residential.
It is inappropriate, in the opinion of the undersigned, to allow a multifamily
residential use to be virtually surrounded on three of four sides by general
commercial uses.
RECOMMENDATION
For each of the above reasons, the recommendation of the Kent Hearing Examiner to
the Kent City Council on Site #7, West Hill Zoning Implementation, is Alternative
A, no action, retain the existing GC, General Commercial, zoning.
Dated this day of July, 1986.
Reauest for Reconsideration
Any party of record who feels the decision of the Examiner is based on error of'
procedure, fact or judgment, or the discovery of new evidence may file a written
request for reconsideration with the Hearing Examiner no later than 14 days of the
date of the decision. Reconsideration requests should be addressed to:
Hearing Examiner, 220 South Fourth Avenue, Kent, WA 98032.
Notice of Right to Appeal
The decision of the Hearing Examiner is final unless a written appeal to Council
is filed by a party of record within 14 days of the decision. The appeal must
be filed with the City Clerk and state the basis of appeal which may be errors of
fact, procedural errors, omissions from the record, errors in interpretations of
the Comprehensive Plan or new evidence. See Ordinance #2233 and Resolution #896
for specific information.
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7l-!
CITY OF KENT
.-- I.— t — . �r T,ZnT lm'Rrt•wTm A rPT(1N
SITE N0. 7.
HEARING EXAMINER
RECOMMENDATION
RETAIN GC ZONE
-51-
FINDINGS AND RECOMMENDATION
OF THE HEARING EXAMINER FOR THE CITY OF KENT
FILE NO: #CPZ-86-10 WEST HILL ZONING IMPLEMENTATION
APPLICANT: CITY OF KENT
REQUEST: To consider the implementing of zoning to bring land into conformance
with the West Hill Comprehensive Plan. The subject property is zoned
MRM, Medium Density Multifamily Residential. The West Hill Plan
designates the western portion of the property from Lake Fenwick Road
to the top of the slope as Single Family Residential, 2-3 Units/Acre,
the east is designated as Single Family One Unit/Acre. The staff
recommends that Alternative C, rezoning the entire site to R1-20,
Single Family Residential.
LOCATION: The property is irregular in shape and is located along the east: side
of Lake Fenwick Road at approximately South 256th Street (extended).
APPLICATION FILED: March 13, 1986
DEC, OF NONSIGNIFICANCE: March 13, 1986
PUBLIC HEARING: May 21, 1986
RECOMMENDATION ISSUED: July 14, 1986
RECOMMENDATION:
STAFF REPRESENTATIVES
PUBLIC TESTIMONY:
WRITTEN TESTIMONY:
Rezone the entire site to R1-20, Single Family Residential
Jim Hansen, Planning Department
Bruce Creager, Planning Department
John Crull
Bob Del Bianco
Michael Olver
James Eaton
John Crull -- Exhibits
Michael Olver
INTRODUCTION
Charles Reasay
After due consideration of the evidence presented by the applicant, all evidence
elicited during the public hearing, and as a result of the personal inspection of
the subject property and surrounding area by the Hearing Examiner, the following
findings of fact and conclusions shall constitute the recommendation of the Hearing
Examiner on this application.
FINDINGS OF FACT
1. The subject site, Site 10 of the West Hill Zoning Implementation, consists of
three separate tax lots and is an irregularly-shaped parcel located on the east
-52-
Findings and Recommendation
West Hill Zoning Implementation Site #10
#CPZ-86-10
side of Lake Fenwick Road at approximately South 256th Street. The property has
200 feet of frontage on Lake Fenwick Road and extends approximately 1,300 feet
to the east on the southern boundary. On the north, the property extends approxi-
mately 330 feet east from Lake Fenwick Road then runs north approximately 430
feet prior to heading east. The property consists of a plateau area on the west,
a steep slope to the east, and a valley area located at the toe of the slope.
2. All three of the lots contained in the subject site are currently undeveloped.
3. The property was annexed to the City of Kent in 1958 and zoned R3, Low Density
Multifamily Residential. In 1973 when the new Zoning Code was adopted, the prop-
erty was redesignated MRM, Medium Density Multifamily Residential. The property
remains zoned MRM, Medium Density Multifamily Residential. The West Hill Plan
designates the western portion of the property from Lake Fenwick Road to the top
of the slope as Single Family Residential, two to three units per acre, with the
remainder of the property, including the slope and the valley to the east,
designated as Single Family Residential, one unit per acre.
4. Adjacent land uses in the vicinity include a mixture of single family and multi-
family residential uses. To the north, the Swiss Gables apartment development
and Woodland Estates apartments abut the property. These properties have the
same zoning designations as the subject site. Properties located to the west
across Lake Fenwick Road are zoned and developed as single family residential,
while property to the east is undeveloped and zoned A, Agriculture, in unincor-
porated King County. The property located to the south along the ridge of the
hillside is zoned Single Family Residential and is developed with single family
residential homes located upon large lots.
5. There is a plateau area on the top of the slope in the western portion of'the
site which is located between a sloped area arising from Lake Fenwick Road at
slopes of approximately 45 percent and a steep hillside falling to the east with
slopes which range from 10 to 75 percent.
6. The property has been left in its natural state and is covered with native grasses
and heavily wooded with evergreen and desciduous trees.
7. The slope area between the 100 and 200 -foot contour rising from the valley area
is designated as "constrained area" on the West Hill Plan Map. As a result of
this constrained area classification, the designation contained in the West Hill
Plan is Single Family Residential. While the staff report indicates that these
are environmentally sensitive lands which are subject to land slides, erosion,
and seismic hazards, information submitted by Mr. Charles Reasey, the owner of
Tax Lot 77 contained in Exhibit #30, a report from James Eaton of Earth Sciences,
a registered professional engineer, is used by the property owner's representative
to establish the alleged proposition that the site is developable.
8. The staff report, with its recommendation of Alternative C, rezone the entire
site to R1-20, Single Family Residential, is incorporated herein by reference
as fully set forth.
-53-
Findings and Recommendation
West Hill Zoning Implementation Site #10
#CPZ-86-10
rONCI 11STONS
1. The City of Kent Zoning Code contains no standards by which to judge rezones.
2. Accordingly, state law assists in the determination of when rezones are appro-
priate. Case law establishes that the proponent of the rezone has the burden of
proof, and zoning should be "general compliance" with the Comprehensive Plan. In
this instance, a zoning designation contained in the West Hill Plan standing alone
is an insufficient rationale for a rezone.
3. The record establishes numerous other significant factors which result in the con-
clusion that the proponent of the rezone has established their burden of proof.
Specifically, a large majority of the property is considered to be environmentally
sensitive as a result of severe slope on the site.
4. The Natural Environment Element of the West Hill Plan seeks to assure orderly
development patterns which recognize and respond to the natural environment and
the functioning of natural systems. Further, the aforementioned element of the
West Hill Plan seeks to protect West Hill residents and property from risks assoc-
iated with development in areas subject to landslide, slippage, errosion, and
seismic hazard.
5. While the owner of tax lot 77 argues in a letter dated June 19, 1986, submitted
following the public hearing on Site 10 that geotechnical engineer's report con-
tained in Exhibit 30 establishes the possibility of multifamily development: on
portions of tax lot 77, the undersigned does not read that report to arrive at
such conclusions.
6. Zoning for protection of environmentally sensitive areas is appropriate. The
impact to the environmentally sensitive areas are lessened by lower density resi-
dential development.
RECOMMENDATION
ror each of the above reasons, the recommendation of the Kent Hearing Examiner to
the Kent City Council on Site #10, West Hill Zoning Implementation, is Alternative
3, rezone the entire site from MRM, Medium Density Multifamily Residential, to Rl-
20 Single Family Residential.
Dated this
day of July, 1986.
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Findings and Recommendation
West Hill Zoning Implementation Site #10
#CPZ-86-10
Request for Reconsideration
Any party of record who feels the decision of the Examiner is based on error of
procedure, fact or judgment, or the discovery of new evidence may file a written
request for reconsideration with the Hearing Examiner no later than 14 days of
the date of the decision. Reconsideration requests should be addressed to:
Hearing Examiner, 220 South Fourth Avenue, Kent, WA 98032.
Notice of Right to Appeal
The decision of the Hearing Examiner is final unless a written appeal to Council
is filed by a party of record within 14 days of the decision. The appeal must be
filed with the City Clerk and state the basis of appeal which may be errors of fact,
procedural errors, omissions from the record, errors in interpretations of the
Comprehensive Plan or new evidence. See Ordinance #2233 and Resolution #896 for
specific information.
-55-
CITY OF KENT
alannin�
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WEST HILL PLAN IMPLEMENTATION
SITE NO. 10.
NEARING EXAMINER REZONE TO R-1 20
RECOMMENDATION
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application site
zoning boundary ----
city limits ...,.,.,.,.,.
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FINDINGS AND RECOMMENDATION
OF THE HEARING EXAMINER FOR THE CITY OF KENT
FILE NO: #CPZ-86 -11 WEST HILL ZONING IMPLEMENTATION SITE #11
APPLICANT: CITY OF KENT
REQUEST: To consider the implementing of zoning to bring land into con-
formance with the West Hill Comprehensive Plan. The subject
property is zoned MRG, Garden Density Multifamily Residential.
The West Hill Plan designates this site as OS, Open Space, and
SF 3, Single Family Residential, 3-4 units per acre. The
Planning Department recommends rezoning this property R1-20,
Single Family Residential.
LOCATION: The subject site is located east of the Cambridge East Subdivision
and west of Lake Fenwick Road.
APPLICATION FILED: March 13, 1986
DEC. OF NONSIGNIFICANCE: March 13, 1986
PUBLIC HEARING: May 21, 1986
RECOMMENDATION ISSUED: July 14, 1986
RECOMMENDATION: Rezone the property to R1-20, Single Family
Residential, minimum lot size is 20,000 square
feet.
STAFF REPRESENTATIVES: Jim Hansen, Planning Department
Will Wolfert, Planning Department
PUBLIC TESTIMONY: None
WRITTEN TESTIMONY: None
INTRODUCTION
After due consideration of the evidence presented by the applicant, all evidence
elicited during the public hearing, and as a'result of the personal inspection
of the subject property and surrounding area by the Hearing Examiner, the following
findings of fact and conclusions shall constitute the recommendation of the Hearing
Examiner on this application.
FINDINGS OF FACT
1. The subject property,Site #11 of the West Hill Zoning Implementation, is
located east of the Cambridge East Subdivision and west of Lake Fenwick Road.
The subject site is an L-shaped parcel of approximately 11.6 acres, is currently
vacant and is heavily wooded.
-57-
Findings and Recommendation
West Hill Zoning Implementation Site #11
#CPZ-86-11
2. The site is currently zoned MRG, Garden Density Multifamily Residential, and
it is designated on the West Hill Plan as OS, Open Space, and SF, Single Family
Residential, 3-4 units per acre.
3. The staff recommendation is that the site be rezoned to R1-20, Single Family
Residential, minimum lot size of 20,000 square feet.
4. Surrounding land uses and zoning in the vicinity include the Cambridge East
Residential Subdivision to the west which is zoned R1-7.2, Single Family Resi-
dential; a proposed development known as Victoria Ridge to the south on property
zoned MRG, Garden Density Multifamily Residential; and the Carriage Row condo-
miniums located to the southwest. Properties located to the east of the sub-
ject site are zoned R1-7.2, Single Family Residential and are undeveloped.
Further, lots to the north are undeveloped with the exception of a few summer
type cabins on small lots.
5. The subject site is heavily wooded and has a steep slope to the east which
generally exceeds 40 percent.
6. There is currently no developed vehicular access to the site although potential
access is available from Lake Fenwick Road and S. 272nd Street.
7. The staff report, with its recommendation of the adoption of Alternative C,
rezone the property to R1-20, Single Family Residential, is incorporated herein
by reference as though fully set forth.
rr)Nrl IKMNC
1. The Kent Zoning Code contains no standards by which to determine rezones.
However, State law requires that the proponent of the rezone establishes its
appropriateness, by a preponderence of the evidence. While zoning should
be in "general compliance" with the Comprehensive Plan, the Plan designation
standing alone is an insufficient rationale for a rezone.
2. In this particular instance, the severe slopes on the site limit its suitability
for multifamily uses.
3. Further, the Natural Environment Element of the West Hill Plan seeks to protect
West Hill residents and property from risk associated with development in
areas subject to landslides, slippage, erosion, and seismic hazards. Recognizing
the possibility that multifamily development on the site would detract
from instead of promote this goal, the rezone of the site to R1-20, Single
Family Residential, is appropriate.
3. Higher density single family residential zoning is inappropriate given the
large number of units which would result if R1-7.2, Single Family Residential,
zoning were adopted.
Findings and Recommendation
West Hill Zoning Implementation Site #11
#CPZ-86-11
4. The advantage of an R1-20, Single Family Residential, zoning designation is
that this designation bests recognizes the "constrained" limitations of the
site. Further, this zoning provides the greatest probability of maintenance
of the open space qualities as designated in the West Hill Plan.
RECOMMENDATION
For each of the above reasons, the recommendation of the Kent Hearing Examiner
to the Kent City Council on West Hill Zoning Implementation Site #11 is that the
site be rezoned from MRG, Garden Density Multifamily Residential, to R1-20, Single
Family Residential, minimum lot size of 20,000 square feet.
Dated this I� day of July, 1986.
DTANE L. VANDER-BEEK, HEARING EXAMINER
Request for Reconsideration
Any party of record who feels the decision of the Examiner is based on error of
procedure, fact or judgment, or the discovery of new evidence may file a written
request for reconsideration with the Hearing Examiner no later than 14 days of
the date of the decision. Reconsideration requests should be addressed to: Hearing
Examiner, 220 S. Fourth Avenue, Kent, WA 98032.
Notice of Right to Appeal
The decision of the Hearing Examiner is final unless a written appeal to Council
is filed by a party of record within 14 days of the decision. The appeal must
be filed with the City Clerk and state the basis of appeal which may be errors
of fact, procedural errors, omissions from the record, errors in interpretations
of the Comprehensive Plan or new evidence. See Ordinance #2233 and Resolution
#896 for specific information.
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SITE NO. 11.
HEARING EXAMINER REZONE TO R-1 20
RECOMMENDATION
-60-
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city limits .muf.u.s.,.
SCALE I
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