HomeMy WebLinkAbout2357OFFICE OF THE MAYOR
DATE: July 16, 1982
TO: Members of the City Council
r
FROM: Mayor Mogan
SUBJECT: ORDINANCE 2357
I have vetoed Ordinance 2357 for the following reasons:
1. No implementable drainage plan, replacing SCS project, to carry out
the Hearing Examiner's condition for rezone.
2. Upland Development will be rail -oriented, not providing "broad variety
of industrial activities."
3. No adopted and/or implementable comprehensive transportation improvements
to relieve existing conditions.
4. City adopted Puget Sound Council of Government land use plan specifying
in -filling prior to opening new areas. Existing zoned land in area not
developed.
5. Reclassification of land should reflect current need; rezone premature
because Kent area is most overbuilt industrially in the Puget Sound region.
6. Only part of the Rezone conditions have been met.
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ORDINANCE NO.
AN ORDINANCE of the City of Kent,
Washington, relating to planning and rezoning for
land development a portion of certain property
orginally zoned by the City of Kent as MA
(Industrial Agricultural) to M-1 (Industrial Park
District) zone. (UNION PACIFIC LAND RESOURCES
REZONE II).
WHEREAS, certain land was zoned by the City of Kent by
Ordinance 1827 entitled "Ordinance adopting Zoning Code for the
City of Kent, Washington" on the 4th day of June, 1973; and
WHEREAS, the effective date of the zoning of said land by
said Ordinance 1827 and the effective date of said Ordinance 1827
itself, was the 20th day of June, 1973; and
WHEREAS, as required by Ordinance 2180, a public hearing
was held before the Hearing Examiner of the City of Kent, wherein
it was recommended that said land be rezoned subject to certain
conditions; and
WHEREAS, thereafter the City Council of the City of Kent
did on the 21st day of June, 1982 hold a hearing on said
recommendation insofar as it related to said certain lands, said
hearing being held after proper notice thereof; and after said
public hearing the City Council determined that the land should be
rezoned M-1 (Industrial Park District) zone; and
WHEREAS, it is found that the rezone of land is in the
best interest of the health and welfare of the citizens of the
City of Kent and is consistent with Comprehensive Plan of the City
of Kent and consistent with good planning, now therefore
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DO
HEREBY ORDAIN AS FOLLOWS:
Section 1. The findings and conclusions of the Hearing
Examiner issued May 5, 1982 and May 27, 1982 under the style of
RZ-82-1 are hereby adopted as findings and conclusions of the City
Council.
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Section 2. That certain lands described in Exhibit A
attached hereto and incorporated herein by reference situated in
the City of Kent, County of King, State of Washington and
presently zoned as MA (Industrial Agricultural) is hereby rezoned
to M-1 (Industrial Park District) zone.
Section 3. Said rezone is expressly conditioned upon
conditions 1 through 4 contained in the recommendations of the
Hearing Examiner attached hereto as Exhibit B and incorporated
herein by reference.
Section 4. The Planning Director of the City of Kent be
and he is hereby authorized and directed to indicate upon the
Official Zoning Map of the City of Kent or upon an addendum
thereto, the zoning of said property as provided for in Section 2
lof this ordinance.
Section 5. That upon said amendment being shown upon the
Official Zoning Map of the City of Kent, or upon an addendum
thereto, the copy of said maf''or addendum, shall be filed with the
Director of Records and Elections of King County, Washington, and
the City Clerk of the City of Kent be and she is hereby authorized
and directed to record this ordinance with the County Auditor of
King County and pay the filing fee
Section 6. This ordinance shall take effect and be in
force five (5) days from and after its passage, approval and
publication as provided by law.
MARIE JENSEN, CITY CLERK
APPROVED AS TO FORM:
ISABEL HOGAN, MAYOR
44
BARA HEAVEY, ACTING nTk ATTORNEY
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PASSED the day of , 1982.
he _day of _, 1982.
PUBLISHED the _day of A-141 1982•
I hereby certify that this is a true copy of Ordinance
passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as hereor
indicated.
2153-53A
(SEAL)
MARIE JENS , CITY CLERK
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EXHIBIT "A"
UNION PACIFIC LAND RESOURCES CORPORATION II
REZONE
Parcel A
A parcel of land situate in the Southwest Quarter (SW 1/4) of Section 11,
and the Southeast Quarter (SE 1/4) of Section 10, Township 22 North, Range 4
East of the Willamette Meridian, King County, State of Washington, bounded and
described as follows:
Commencing at the southeast corner of the Southwest Quarter (SW 1/4) of
Section 11;
thence North 01°01'28" East, 280.0 feet to a point on the north line of
a parcel of land deeded to Puget Sound Power and Light Company;
thence along said north line the following four (4) courses:
1) South 79°23'56" West, 735.24 feet;
2) South 82°48'44" West, 950.67 feet;
3) North 89°13'00" West, 180.23 feet to the TRUE POINT OF BEGINNING;
4) North 89°13'00" West, 1,590.07 feet to a point on the easterly right-
of-way line of Russell Road;
thence along said easterly right-of-way line North 19°48'46" East, 176.74 feet
to the beginning of a curve concave northwesterly having a radius of 1,270.00 feet;
thence northeasterly along said curve and along said right-of-way line through
a central angle of 07°11'34", 159.43 feet;
thence South 89013'00" East, 207.23 feet;
thence North 01°01'56" East, 379.00 feet;
thence South 89013'00" East, 343.13 feet;
thence North 00047'00" East, 165.00 feet;
thence North 33°20'46" East, 364.32 feet;
thence North 89013'00" West, 508.41 feet to a point on the easterly right-of-
way line of Russell Road;
thence along said easterly right-of-way line North 33°20'46" East, 1,167.09
feet;
thence South 89°08'37" East, 1,101.12 feet;
thence North 00°51'23" East, 499.06 feet to a point on the east -west center-
line of said Section 11;
thence along said east -west centerline South 89°17'53" East, 1,002.95 feet;
thence South 01001'28" West, 850.73;
thence North 89°17'53" West,1,469.99 feet;
thence South 01°04'02" West,1,801.64 feet to the TRUE POINT OF BEGINNING.
Containing an area of 3,340,820 square feet, more or less (76.695 acres,
more or less).
Parcel B
A parcel of land situate in the Northwest Quarter (NW 1/4) of Section 14, and
the Northeast Quarter (NE 1/4) of Section 15, Township 22 North, Range 4 East of
the Willamette Meridian, King County, State of Washington, according to the official
plat of said land filed in the District Land Office, said parcel being bounded and
described as follows:
Commencing at the northeast corner of the Northwest Quarter (NW 1/4) of said
Section 14;
thence along the north line of said Section and along the south line of a
parcel of land deeded to Puget Sound Power and Light Company, North 88059'21" West,
720.32 feet;
thence along an east line of said deeded parcel, South 01°05'47" West, 149.32
feet;
thence along the south line of said deeded parcel, North 89°13'00" West,
1,121.00 feet to the TRUE POINT OF BEGINNING:
thence South 01°05'47" West,1,171.66 feet;
thence South 89°07'49" East, 50.47 feet;
thence South 01°05'47" West, 424.26 feet;
thence North 89°13'00" West, 50.48 feet;
thence South 01°05'47" West, 679.48 feet to a point on the northerly right-of-
way line of South 228th Street;
in
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thence along said northerly right-of-way line the following seventeen (17)
courses:
1) North 88°27'57" West, 284.45 feet to the beginning of a curve concave
northerly having a radius of 670.16 feet;
2) westerly along said curve through a central angle of 10041'30", 125.06
feet;
3) North 77046'27" West, 70.74 feet to the beginning of a curve concave
southerly having a radius of 730.00 feet;
4) westerly along said curve through a central angle of 08°33'38", 109.07
feet;
5) North 86°20'05" West, 107.02 feet to the beginning of a curve concave
northeasterly having a radius of 320.00 =eet;
6) northwesterly along said curve through a central angle of 29°08'45",
162.78 feet;
7) North 57°11'20" West, 76.84 feet to the beginning of a curve concave
southwesterly having a radius of 730.00 feet;
�8) northwesterly along said curve through a central angle of 09°46'37",
124.57 feet;
9) North 66°57'57" West, 54.49 feet to the beginning of a curve concave
northeasterly having a radius of 180.00 feet;
10) northwesterly along said curve through a central angle of 34013'22",
107.51 feet;
11) North 32°44'35" West, 87.43 feet to the beginning of a curve concave
northeasterly having a radius of 686.78 feet;
12) northwesterly along said curve through a central angle of 13°12'54"
158.40 feet;
13) North 19°31'41" West, 230.14 feet to the beginning of a curve concave
southwesterly having a radius of 595.00 feet;
14) northwesterly along said curve through a central angle of 41027'51",
430.59.feet;
15) North 60°59'32" West, 188.11 feet to the beginning of a curve concave
northeasterly having a radius of 258.86 feet;
16) northerly along said curve through a central angle of 80°48'18", 365.07
feet;
17) North 19°48'46" East, 891.69 feet to a point on the south line of said
parcel deeded to Puget Sound Power and Light Company;
thence along said south line, South 89°13'00" East, 1,640.81 feet to the
TRUE POINT OF BEGINNING.
Containing an area of 3,534,022 square feet, more or less (81.130 acres, more
or less).
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EXHIBIT "B"
FINDINGS AND RECOMMENDATION
OF THE HEARING EXAMINER FOR THE CITY OF KENT
FILE NO: #RZ-82-1 Rezone
APPLICANT: UNION PACIFIC LAND RESOURCES CORPORATION
REQUEST: RECLASSIFICATION OF 158 ACRES FROM MA, INDUSTRIAL
AGRICULTURAL TO M1, INDUSTRIAL PARK.
LOCATION• North of S. 228th and east of the Green River to a
line extended generally northward from the inter-
section of S. 228th and Russell Road.
APPLICATION FILED: 2-18-82
DEC. OF NON -SIGNIFICANCE: 3-9-82
FINAL EIS: 5-15-79
PUBLIC HEARING: 4-21-82
RECOMMENDATION ISSUED: 5-5-82
RECOMMENDATION: APPROVED with conditions
STAFF REPRESENTATIVES: Will Wolfert, Planning Department
Gary Gill, Engineering Department
PUBLIC TESTIMONY:
Charles Peck, representing applicant
Ed Dvorak
WRITTEN TESTIMONY: None
s
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 applicant is requesting reclassification of the property from
MA, Industrial Agricultural, to Ml, Industrial Park. The property
is 158 acres and is located on the east bank of the Green River
north of S. 228th.
2. The present classification of MA permits agricultural uses and
single family dwellings. The MA is considered as a holding zone
for lands which are considered to be appropriate for industrial
development when certain criteria are met. Rezoning to more in-
tensive use shall be predicated upon the documented need for
additional industrial land. A fiscal impact analysis shall show
that there is sufficient market demand to generate revenues
adequate for required municipal services. The Ml, Industrial
Park, zone is intended
to and toproviderotect the
forenvironment
rangeuof gh strict
development standardso
industrial activities of a non -nuisance type.
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Findings and Recommendation
Union Pacific Land Resources Corporation
#RZ-82-1
3. The property was annexed to the City in 1959 as part of a large
area annexation (Ordinance #1013). The original zoning was MA
and the southern portion of the site was reclassified to Ml, Light
Industrial, in the 19601s. This designation was changed back to
MA when the present Zoning Code was adopted in 1973. The property
was included in the rezone application known as "Uplands" (File
#RZ-78-22). The eastern portion of that rezone request was
reclassified to M1 while the portion now under consideration was
deleted because planning studies under way at the time were
intended to provide development criteria which would directly
affect those properties adjacent to the Green River.
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� 4. The site and the general area adjacent to it are presently vacant.
,0 The residential project known as "The Lakes" has been approved for
00 the 241 acres south of S. 228th. No construction has been started
C at this time. The area to the east of the site is still undeveloped
0000 although designated for industrial uses. There is a small node of
industrial development on the north side of S. 228th at approximately
Russell Road. Businesses include Pacific Propeller, Sound Manu-
facturing, and West Valley Masonry Supplies. Further to the east,
approximately 100 acres of industrial subdivision has been platted
on the south side of S. 228th. The site is bisected by a Puget
Power right-of-way which extends eastward from the Green River.
This property is not included in the rezone request. There is a
small area of MA zoned land between the western boundary of the
site and Russell Road. Four single family homes are located within
that area. The Green River and the lands within 200 feet of the
ordinary high water mark are within the Shoreline Master Program
provisions and restrictions.
5. The site is generally flat and level. Soils are a thin layer of
alluvium deposits common to the valley floor. Most of the site
is covered with low grasses and similar vegetation with some trees
and bushes adjacent to Russell Road. There is a seasonal high
water table and water tends to pond during periods of extended
rain.
6. No plans have been submitted as part of the rezone request. A
master plan is being prepared by the owners for the property and
the Upland's site together along with tentative subdivision plans.
The property has access to both Russell Road and S. 228th Street.
Russell Road is classified as a scenic drive and S. 228th as a
collector. S. 228th has a sixty foot right-of-way and a paving
width of twenty feet. There are no existing deeds of record for
Russell Road.
Development of the property with M1 uses is estimated to produce
a daily trip generation of 9,000 - 10,000 vehicular trips per
day with approximately 1,800 - 2,000 trips during peak hours.
A Comprehensive Transportation Plan is being prepared by the
City and is scheduled to be completed by midsummer. There is
an existing 12 inch water main in S. 228th Street which will
be required to be extended. The Public Works Department states
that the on-going program to develop new supply sources looks
positive and that that there is no apparent problem with water
supply. Sanitary sewer lines will be extended to serve develop-
ment when it occurs.
7. A fiscal impact analysis has been prepared by the applicant and
reviewed by the City as required by city policy.
8. The staff recommendation is for approval of the request with
conditions and the staff report setting forth the facts is in-
corporated into this report by reference as if set forth in
full herein.
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Findings and Recommendation
Union Pacific Land Resources Corporation
#RZ-82-1
CONCLUSIONS
1. The Valley Floor Plan contains relevant maps and policies. The
Use
area is designated as ationdistrial Park consistentowithetheoposed proposednzoning
Map and such design
of M1. The overall goal of the Economic Element is
to promote
P
controlled economic growth rith aiony physical
Further, industrial
resource conservation and peserva
development of MA designated
lland
should be pphased t coincide
with service growth, and
eas
already having services, utilitiserviceeisapresenglytinrthesarealandle.
Adequate water and sew P develo ment. will be extended to the site as required by
Improve-
ments will be required to provide an adequate transportation
system and storm drainage system. These improvements may be
funded by LID's and conditions should be imposed to ensure
the participation of this property.
in
2. There have been substantial
ncechanges
initialthe
zoningand
The majord
to the subject property
portion of the area to the east has been reclassified to M1,
and several large industrial parks have been approved. planned
(241 acre) mutolPle he southfamily
ofresidential
propertyvelopment is
for the area
3. Policy 8 of the Economic
intensiveStatement
userequires
shall bethat
prediccated on
MA zoned land to
documentation of need through a fiscal impact statement. The
applicant has submitted a review of the impacts the proposed
reclassification based on assumptions of uses at full develop-
ment. The City staff has accepted the analysis as being
sufficient to meet the requirements of this policy.
4. The proposed rezone will allow the industrial development of
the property in the future, and will, therefore, have significant
impacts upon traffic on S. 228th. Because
completed, Comprehen-
sive Transportation Plan is not y
improvements to S. 228th should be imposed at a later staqe of
development. Conditions should be imposed at this time to
ensure the protection of Russell Road as a scenic drive and
to verify its legal use as a public road.
5. The residences located in the remaining MA zoned area between
the subject property and the Green River should receive some
mitigation from the impact of industrial development. The
minimum setbacks of the Ml zone are inadequate to provide such
protection. Although the Shoreline Master Program requires a
200 foot setback from the ordinary high water mark of the
river, conditions should be imposed in order to protect the
existing residences.
6. The proposed reclassification should be approved as it is con-
sistent with and implements the goals and policies of the
substantial change in the
Comprehensive Plan, there has been
area of the requested rezone, and there is benefit to the
community as a whole. Conditions are recommended in order to
mitigate the impacts created by development which will result
from the reclassification.
ion of
7. With regard to the proposed
ued bycthesresponsobleaofficialtpursuant
Non -Significance was
issto the State Environmental Policy Act of 1971 (SEPA) on
March 9, 1982. A Final Environmental Impact Statement which
included this property was issued on May 15, 1979.
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Findings and Recommendation
Union Pacific Land Resources Corporation
#RZ-82-1
RECOMMENDATION
For each of the above mentioned reasons, the recommendation of
the Hearing Examiner to the Kent City Council is as follows:
The application should be APPROVED, subject to the following
conditions:
1. No vehicular access shall be allowed to or from Russell Road
Ll for the entire property frontage which abuts Russell Road.
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0 2. The applicant shall provide to the City an asbuilt survey of
r4 the centerline of the existing pavement of Russell Road.
C Further, the applicant shall provide the City with a quit
claim deed to all rights of that portion of Russell Road being
30 feet in width northerly and easterly of the centerline of
the existing pavement for the entire frontage; and where the
applicant's ownership lies on or abuts Russell Road on both
sides, the applicant shall quit claim to the City all rights
to Russell Road to a width of 60 feet calculated from the
centerline of the existing pavement.
3. The applicant shall execute a no -protest LID covenant for each
of the following:
A. The North/South Drainage Channel and Storm Water Detention
Project, known as LID #306.
B. The construction of the East Side Green River Watershed
Project known as the Pl - P2 Valley Drainage Project.
C. The improvement of Russell Road from the eastern boundary
of Russell Road Woods to City requirements.
4. A 50 foot setback shall be provided from the easterly boundaries
of the MA zoned properties which abut the subject property on
the west. Type I landscaping as set out in Section 6.5 of the
Kent Zoning Code shall be provided in this setback. This shall
be a separate requirement from those set forth in the Shoreline
Master Program.
Entered this 5th day of May, 1982, pursuant to the authority granted
under Ordinance #2233, City of Kent.
N. M. BURKE, 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. 4th Avenue., Kent, WA 98031.
Notice of Right to Appeal
No public hearing will be held on this matter by City Council 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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APPLICATION Name UNION PACIFIC LAND RESOURCES
CORPORATION 11
,Number #RZ-82-1 Date 4/21/82
Request REZONE
VICINITY MAP
SCALE 1-':1,000'
M
CITY OF KENT
t)lanni na .
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S 212th St.
UNION PACIFIC LAND RESOURCES CORPORATION
Kent, Washington
UpLRC ownership outlined -
Proposed alignrrjent of Russell
Read shown . . . . . . .
Area rezoned to NL -1 under City of
Kent Ordinance #2190 shown . • .
Area requested to be rezoned from
rIA to Nr -1 shown . . . . . . . . .
OFFICE OF DIRECTOR - LAND DEVELOPMENT
Seattle, Washington
APPLICATION Name UNION PACIFIC LAND RESOURCES LEGEND
CORPORATIPNe II application site
Number RZ-82-1 l 4/21Z82
} Zoning boundary
Request REZONE city limits
SITE PLAN
SCALE = NONE
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THE LAKES (UNDEVELOPED)
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APPLICATION Name UNION PACIFIC LAND RESOURCES LEGEND
CORPORATION II application site
Number RZ-82-1 Date 4/21/82 pP 0®�
zoning boundaryrrr1rrr1
Request REZONE
city limits••••••
ZONING
SCALE = 1":1,000
RECONSIDERATION OF THE
HEARING EXAMINER FOR THE
CITY OF KENT
IN THE MATTER OF j
UNION PACIFIC LAND )
RESOURCES CORPORATION II j
#RZ-82-1 )
A request for reconsideration of the Hearing Examiner's recommendation
on file #RZ-82-1 was filed with the Examiner on May 14, 1982, and is
timely under the provisions of Ordinance #2233.
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The Hearing Examiner having examined the files and records and the
X request for reconsideration makes the following recommendations.
1. Condition 1 shall be modified to read:
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There shall be no vehicular ingress and egress access to
Russell Road for the entire property frontage thereon that
lies westerly of the easterly end of the Russell Woods as
defined by the preliminary plat approval of the Kent 241
plat.
2. Condition 3.0 shall be modified to read:
The improvement of Russell Road lying easterly of the easterly
margin of the Russell Woods to City requirements.
3. Condition 4 shall be modified to read:
A minimum fifty foot building setback shall be provided from
the easterly boundary of the MA zoned property which abuts
the subject property on its westerly boundary. This setback
shall be provided on that portion of the MA -Ml zoning boundary
located approximately 200 feet north of Puget Sound Power and
Light right-of-way and extending approximately 380 feet north-
wards as noted on attached Exhibit A.
Type I landscaping as described in Section 6.5 of the Kent
Zoning Code shall be provided in this setback area. This
shall be a separate requirement from those of the Shoreline
Master Program.
Entered this 27th day of May, 1982.
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N. M. BURKE, HEARING EXAMINER
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FXHIBIT ""A""
S 212th St.
14 5982
;'F -',IT PLA-NNINGDEPT.
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S. 2281h5t.
UNION PACIFIC LAND RESOURCES CORPORATION
Kent, Washingtr)n
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UPLRC ownership outlined . . . . .
Area rezoned to M-1 under.City of \\\\
Kent Ordinance #2190 shown . . . •
Area requested to be rezoned frau
MA to 1,x-1 shown . . . . . . . . .
OFFICE OF DIREC`T'OR - LA -ND DEVEWPAMENT -. _
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