HomeMy WebLinkAbout2041ORDINANCE NO. r10 q'
AN ORDINANCE of the City of Kent,
Washington, relating to planning and re-
zoning for land development a portion of
certain property originally zoned by the
City of Kent as MA (Industrial Agricul-
tural) to M-1 (Industrial Park District) ,
commonly known as the S.L. SAVIDGE REZONE.
WHEREAS, certain land was zoned by the City of Kent
Nby Ordinance 1827, entitled "Ordinance adopting Zoning Code for
0 the City of Kent, Washington", on the 4th day of June, 1973; and
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p WHEREAS, the effective date of the zoning of said
� land by said Ordinance 1827 and the effective date of said Ordi-
nance 1827 itself, was the 20th day of June, 1973; and
WHEREAS, as required by Ordinance 1827, a public
hearing was held before the Planning Commission of the City of
Kent, wherein it was recommended that said land be rezoned from
MA (Industrial Agricultural) zone to M-1 (Industrial Park Dis-
trict) zone; and
WHEREAS, thereafter the City Council of the City of
Kent did upon the eighteenth day of July, 1977 hold a public hear-
ing on said recommendation insofar as it related to said certain
lands, and said public hearing being held after proper notice
thereof; and after said public hearing the City Council having
determined that the land should be rezoned to M-1 (Industrial
Park District) zone; and
WHEREAS, it is found that a 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 the 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 following described land, situated
in the City of Kent, County of King, State of Washington, and
presently zoned MA (Industrial Agricultural) zone and more
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particularly described as follows:
The northeast quarter of the southeast quarter
of Section 14, Township 22 North, Range 4 East,
W.M., in King County, Washington, and that por-
tion of the northeast quarter of said Section
14 lying south of the south line of South 228th
Street, EXCEPT all of the following:
1) The north 229' of the east 224' of the south
half of the said northeast quarter of said
Section 14.
2) The east 30' of the total tract described a-
bove, conveyed to King County for road by
N deed recorded under Auditor's File No.
602278.
N 3) That portion of said total tract condemned
�p for drainage ditch right-of-way in King
CO County Superior Court Cause No. 32912.
ti 4) That portion of said total tract conveyed
to King County Drainage District No. 1 by
deed recorded under Auditor's File No.
4806961.
is hereby rezoned to M-1 (Industrial Park District) zone.
Section 2. The Planning Director of the City of Kent
be and he is hereby authorized and directed to indicate upon the
Comprehensive Zoning Map of the City of Kent or upon an addendum
thereto, the zoning of said property as provided for in Section
1 of this Ordinance.
Section 3. That upon said amendment being shown upon„
the Comprehensive Zoning Map of the City of Kent, or upon an ad-
dendum thereto, the copy of said map or addendum, shall be filed
with the Director of Records and Elections of King County, Wash-
ington, 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 therefor.
Section 4. This Ordinance shall take effect and be
in force five (5) days from and after its passage, approval and
publication as provided by law.
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ISABEL HO , MAYOR
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ATTEST:
MARIE JE , CITY CLERK
ROVED AS TO FORM:
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:1 ERMALD E. MIRK, CITY ATTORNEY
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PASSED the ! day of August, 1977.
APPROVED the day of August, 1977.
PUBLISHED the day of August,
I hereby certify that this is a true copy of Ordi-
nance No. 020 / , passed by the City Council of the City of
Kent, Washington, and approved by the Mayor of the City of Kent ,
as hereon indicated.
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(SEAL)
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AGREEMENT
THIS AGREEMENT is being made with the CITY OF KENT,
WASHINGTON, by the undersigned owners of the interests
hereinafter described in the following described real property
situated within that city:
The northeast quarter of the southeast quarter
r11- of Section 14, Township 22 North, Range 4 East, W.M.,
O in King County, Washington, and that portion of the
�northeast quarter of said Section 14 lying south of
CO the south line of South 228th Street, EXCEPT all of
-- the following:
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CD 1) The north 229' of the east 224' of the
south half of the said northeast quarter of said
Section 14.
2) The east 30' of the total tract described
above, conveyed to King County for road by deed
recorded under Auditor's File No. 602278.
3) That portion of said total tract condemned
for drainage ditch right-of-way in King County
Superior Court cause No. 32912.
4) That portion of said total tract conveyed
to King County Drainage District No. 1 by deed
recorded under Auditor's File No. 4806961;
hereinafter referred to as "said realty";
WITNESSETH:
WHEREAS, by City of Kent Ordinance No. 2041,which has
heretofore been passed by the Kent City Council and approved
by the mayor of the city, said realty has been rezoned from
an MA (Industrial Agricultural) zone to an M-1 (Industrial
Park District) zone, but the passage and approval of that
ordinance were subject to the condition that before the
ordinance will be published and filed an appropriate agreement
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would be executed which would, in the opinion of the city
attorney, provide the city with assurance that the conditions
4.x,1,
recommended by the Kent Planning Commission, which are set
forth on pages 7 and 8 of the minutes of the July 18, 1977,
meeting of the Kent City Council, would be met;
NOW, THEREFORE, the undersigned do hereby represent and
agree as follows:
1. The undersigned own undivided interests, as tenants
in common, in the contract vendees' interest in said realty
created by, and presently outstanding under, that certain
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OContract of Sale, dated October 7, 1966, which was recorded
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under King County Auditor's File No. 6094229. The respective
of ownership interests of the undersigned are set forth opposite
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1— their signatures below.
2. On or about October 6, 1966, all of the owners of
said realty executed a Tenancy in Common Agreement, which
was recorded June 13, 1967, under King County Auditor's File
No. 618870, and said agreement is still outstanding and in
full force and effect. Paragraph 10 of said agreement provides,
in part, that:
"Any of the parties Whereto whose respective
interests total "65% or more of the total interests
of the parties may require the sale of all or any part
of the interest of the parties in the realty at any
time at such price and upon such terms and conditions
as they may desire. ."
3. All of the undersigned agree that, for the specific
purpose of meeting the conditions set forth in said minutes
of the July 18, 1977, meeting of the Kent City Council, all
of the following conditions must be met before said realty
will be put to any use for which such M-1 zoning is required:
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A. Flood Control Conditions
(1) Retention/detention facilities will
be designed and constructed to restrict
discharge of surface water run-off from
the developed site to no greater a rate
than exists under the present undeveloped
condition. Discharge will be into the
S.C.S. P2 -B drainage channel at the
West Valley Highway adjacent to S. 232nd
Street.
(2) Run-off coefficients and system design
will conform to the document entitled
"Requirements and Guidelines for Storm
Drainage Control in King County," dated
February, 1977.
(3) The retention basin required for a "25 -
year, 7 -day storm" will be 47.61 acre
feet; and the retention basin for a
"100 -year, 7 -day storm", will be 59.51
acre feet.
(4) The southernmost drainage ditch will be
relocated and reconstructed as per cross
sections agreed upon by the Hydraulics
Division of the King County Public Works
Department and as per the general map
identified as Exhibit "A" to the rezone
application.
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B. Streets
(1) The following portions of said realty
will be dedicated as a street for the
proposed 64th Avenue South:
a. The westerly forty feet (401)
of the southerly part of said
realty (i.e. the part thereof
which will abut that street);
and
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CD b. An eighty foot (80') strip running
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Those rights-of-way will be provided by
an appropriate deed of dedication after
the plans for the development of said
realty have been finalized and the exact
location of the right-of-way for that
street has been determined in accordance
therewith, and prior to the granting of
any initial building, grading or other
development permit for the subject pro-
perty.
(2) The developers of said realty shall
install a left turn lane or left
turn lanes on the West Valley Highway
at the points of ingress to, and egress
from, said realty shown in the site design
to be prepared when the property will be
developed, in accordance with then pre-
vailing requirements of the City of Kent
and/or of the Washington State Highway
Department.
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(3) The northerly ten (10) feet of said
realty will be dedicated as a street
(for the widening of South 228th
Street), and the developers of said
realty shall pay one-half of the cost
of paving a forty-four foot (441)
curb -to -curb road in the part of the
South 228th Street right-of-way that
abuts said realty.
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C) 4. This agreement shall be considered as a covenant
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.0 running with the land and be recordable so as to give constructive
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D notice to all persons of this agreement's existence.
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5. All of the agreements set forth in the preceding paragraph
3 of this agreement shall be binding upon the undersigned and upon
all of their successors and assigns.
6. This agreement shall not take effect until it has been
executed by parties whose ownership interests in the vendees' interest
under said Contract of Sale total sixty-five percent (65%) or more
of the total of the vendees' interests under said contract.
7. This agreement may be executed in counterparts.
EXECUTED on the dates set forth below.
Owner
Percentage
of
Ownership
SAVIDGE PROPERTIES,' 21.1765%
IM . e L niers ip, w
1.
By: _ ( cr: )�2 (r<
JOSHUA GREEN/CORPORATION,
a Dejawar�e�'' or��ation,_._
By: t✓_1�=L� /`'`� �-t_ ��� �/ 10.5882%
y 2- 1 —�-_
By. -5-
Date
Apr44 - �' , 1978
1978
1978
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i= aS•'�' � � �iA a
. �.
%� 10.5882-0
Murray Mays ,
1 /
Gz G 11'Lc2 it •Z -int/
Ruth L. Marsh_, his wife
ALLIED SH T M'FT,AL FABRICATORS, INC.
r . •.l J *: 10.000%
By: Joseph A. Price, President
5.2941%
Marian E. Donnan, Executrix of the
Estate of Dallas Donnan
* Cliff `Mortensen
BEANCO INVESTMENTS,
a Limiec�, P rknership,
By: t�"��. 5.2941
O By: w•-- -�
0'%
C) ,
.t) By
� l 5.2941%
Vtcto
- Anna Rabel, his wife
1978
*1 i7
5.2941%
Edwin J. r--iedman
19 7 8
l 1-7 ,
1978
/7,
1978
r.1F a Fr e ma ; ha wife
Iriecmar�/Las itorney inyf d in
5.2941%
S. L. L insin
Elsa K. Levinson, h s -wife by Sam
L. Levinson as attorney i�.n fact
Max Kamin9ff
' Cilly Kam'noff, his wife
2.6471%
Ber ., McNae, 'jingle/m n
(/CL
2.6471
Eleanor H. McNae, a single woman
2.1177%
Charles F. Osborn r
2.1177%
George B. Ward, Jr.(,
���
1.0588
Thh mas W..[Sh-41r
1.0588%
Barbaral.Sharpe
*'orothy4ttensen -6-
9---�%
Apr, l 1978
?'4
Apra_ -1 / 7 19 7 8
tib^ /7
1978
/1-7 , 1978
A l 1978
Qc� 7
�kp'i 1978
? >%
Ap-r-i 1978
-Ma-
Apri� 3 , 1978
lrJ°��yy
April , 1978
4W ,�' 19 7 8
tris,
3 , 1978
71 1978
/, `l/ ',?' , 19 7 8
f;,u(Y
Apri 11 1978
1978
'J
11p1 1978
anal /7 , 1978
1978
*1 i7
1978
y, It
,.-prnit _&_,
19 7 8
l 1-7 ,
1978
/7,
1978
anal /7 , 1978
STATE OF WASHINGTON )
ss
COUNTY OF KING )
On this day personally appeared before me S. L. Savidge, Jr.,
General Partner in Savidge Properties, a Limited Partnership to me
known to be the individual described in and who executed the within
and foregoing instrument, and acknowledged that he signed the same
as his free and voluntary act and deed, for the uses and purposes
therein mentioned.
GIVEN under my hand and official seal the 3rd day of
May 1978.
its. Notary P lic in and for the State of
Washing on, residing at Bellevue
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STATE OF—
County
F County of
On this 3rd _day of May A. D. 19 78, before me, the under-
signed, a Notary Public in and for the State of Washington duly commissioned
and sworn personally appeared Joshua Green III and
to me known to be the President and Seere'ta- r,respectively,
Joshua Green Corporation, a Delaware Corporation 1 11
the corporation that executed the foregoing instrument, and acknowledged the said instrument:to be the free and volun-
tary act and deed of said corporation, for the uses and purposes therein mentioned, and 0: h','oath stated thae
is authorized to execute the said instrument and that the seal affixed isAhe corporate seaTo�faid
corporation.
WITNESS my hand and official seal hereto affixed the da and year in this certifiphlto al5 %r,p written. ^ '
Washington
1-41' Not Public in and for the State of
1, Bellevue
residing at .---
(Acknowledgment by Corporation. Washington Title Insurance Company. Form L 29)
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.,STATE OF -
�� ss.
County of
On this 17th day of July A. D. 1978 , before me, the undersigned, a Not
Public in and for the State of Washington , duly commissioned and sworn personally appeare
Murray B. Marsh and Ruth L. Marsh, his wife
to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged to me
that--the--Ys qed and sealed the said instrument as their free and voluntary act and deed for the uses and purposes
therein mentiotnefl.,
WITNESS my land and official seal hereto affixed the day and year in this certificate above yritten. _
Notary Public.4t and for the State of Washington
N residing at Bellevue
CD
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CD (Acknowledgment by Individual. Washington Title Insurance Company. Form L 28)
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STATE OF
C t of
oun y
17th day of July , A. D. 19 : before me, the under -
On this Washington duly commissioned
signed, a Notary Public in and for the State of
and sworn personally appeared JOSEPH A. PRICE'S andd-
* President and Secretary, respecti ely, of
to me known to be the INC. _
ALLIED SHEET METAL FABRICATORS, and vol
the corporation that executed the foregoing instrument, adndurposes thegein ed tmention ehe said d, and on oath ument to be tstated that—he
tary act and deed,,of said corporation, for the us p
IS t '��'•• authorized to execute the said instrument and that the seal affixed is the corporate seal of said
d and official seal hereto affixed thejda�ndyear in his certificate a ove�vritten.
WITNESS my han
Notary Ppblie in and for the State of
Washington
residing a
Bellevue
•� '{..._
(Acknowledgment by Corporation. Washington Title Insurance Company. Form I- 29)
STATE OF
r ss.
County of �/
On this 17 tYi _ day of Jud , A. D. 19 78 - before me, the undersigned, a Notary
Public in and for the State of Washington duly commissioned and sworn personally appeared
Marian E. Donnan, Executrix of the Estate of Dallas Donnan
to me known to be the individual_ described in and who executed the foregoing instrument, and acknowledged to me
that S he— signed and sealed the said instrument aR h4k free and voluntary act and deed for the uses and purposes
therein mentioned.
WITNE$S'Fny� bat4�[1 and official seal hereto affixed the day an year in this certificateBove written.
• Notary Py lic in and for the State of
Washington
residing at Bellevue
(Acknowledgment by Individual. Washington Title Insurance Company. Form L 28)
STATI~ OF •
ss.
County of
On this 17 day of July , A. D. 19 78 , before me, the undersigned, a Notary
Public in and for the State of Washington , duly commissioned and sworn personally appeared
Cliff Mortensen and Dorothy Mortensen
to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged to me
that -Alley signed and sealed the said instrument as their free and voluntary act and deed for the uses and purposes
therein yiiAioped.
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WITNESS',;ny hand and official seal hereto affixed the day a d year in this certificate a ov written.
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;� Notary P c in and for the State of Washington
r, Q _ residing at- Bellevue
CD '..�
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co STATE OF
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(Acknowledgment by Individual. Washington Title Insurance Company. Form L 28)
WASHINGTON
ss
COUNTY OF KING )
On this %'I day of1978, before me person-
ally appeared M. L. Bean, Calvin Hendric s and E. R. Erickson
to me known to be the individuals described in and who executed the
within and foregoing instrument, and to me known to be general partners
of BEANCO INVESTMENTS, the limited partnership that executed the within
and foregoing instrument, and acknowledged that they signed the same as
their free and voluntary act and deed, and that said instrument is the
free and voluntary act and deed of said limited partnership, for the
uses and purposes therein mentioned, and on oath stated that they were
authorized to execute said instrument on behalf of said limited partner-
ship.
IN WITNESS WHEREOF I have hereunto set my hand and official
5
seal the dad{ and year in this certificate first) above written.
' Notary public in and for the State of
'
Washington, residing at Bellevue
i
STATE
County of—
ss.
On this 3rd day of May
Public in and for the State of [n1� a`shin ��n A' D' 19 78 , before me, the undersigned, a Notary
victor E. Rabelduly commissioned and sworn personall a
and Anna Y. Rabel his wife y ppeared
to me known to be the individual s described in and who executed the foregoing instrument, and acknowled �to
that �e--y signed and sealed the said instrument as their free and voluntary act and deed for the g
therein mentioped.'.,',y a uses andPurposes
WITNESS Mm gap and official seal hereto affixed the day anti year in this certificate abo a rytitten.
Notary Pu6liin and for the state of Washington
' residing at Bellevue
(Acknowledgment by Individual. Washington Title Insurance
ICompany. Form L 28)
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STATE OFIWRW
ss. "
County of
On this 3rdday of May _ __ , A. D. 19 78 before me, the under
signed, a Notary Public in and for the State of W sh i ncri-nn duly commissioned
and sworn, personally appeared__ EDWIN J. FRIEDMAN
to me known to be the individual described in and who executed the foregoing instrument for him elf and
as attorney in fact of Julia Friedman, his wife also therein described, and acknowledged to**Te the[
_he signed and sealed the same as his voluntary act and deed and as the free and voluntary act ana deed
of the said Til 1 i n Friedman for the uses and purposes therein mentioned, and on oath
stated rhq the power of attorney authorizing the execution of this instrument has not been revoked and that the said
Julia: •Vriedman is now living.
WITNESS My, hand and official seal hereto affixed the day and year in this
certificate above written.
Notary Publf'-'in and for the State of Washington
residing at B01101713a
(Acknowledgment by Self and as Attorney in Fact. Washington Title Insurance Company. Form L3 I )
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STATE
County of a -c_ _
On this3rd day of May
signed, a Notary Public in and for the State of Washinaton A. D. 1978 ,before me, the under -
and sworn, personally appeared SAM L. LEVINSON .duly commissioned
to me known to be the individual described in and who executed the foregoing instrument for
as attorney in fact of ELSA K. LEVINSON his wife him ---self and
also therein described, and acknowledged tme that
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_he signed and sealed the same as is voluntary act and deed and as the free and voluntary act adeed
of the said_ELSA K _ L VINsnN for the uses and purposes therein mentioned, and on `
stated that thoath
e$ power of attorney authorizing the execution of this instrument has not been revoked and that the said
K-1
• ^ r %t is now living.
WITNESS my hand and official seal hereto affixed the day and year in this certificate
above written.
Notary f ublic in and for the State of- - W� Gh i ric7 nn
residing a, Bellevue
(Acknowledgment by Self and as Attorney in Fact. Washington Title Insurance Company. Form L3 1)
STATE
County of .-'�—
On this 17th day of July , A. D. 1978 , before me, the under-
signed, a Notary Public in and for the State of Washington duly commissioned
and sworn, personally appeared MAX KAMINOFF
to me known to be the individual described in and who executed the foregoing inatr•urnent for him self and
as attorney in fact of CILLY KAMINOFF, his wife also therein described, and acknowledged to me that
be signed and sealed the same as his votbitary act and deed and as the free and voluntary act and deed
of the said CILLY KAMINOFF for the uses and purposes therein mentioned, and on oath
stated that the power of attorney authorizing the execution of this instrument has not been revoked and that t e said
CILI4Y KAMINOFF is now living.
WITNESS my.hand and official seal hereto affixed the day rid year in this certificate above written.
Notary Pu�ih/in and for the State of Washington
residing at
Bellevue
\ (Acknowledgment by Self and as Attorney in Fact. Washington Title Insurance Company. Form L31)
STATE OF. r {
ss.
County of i y
On this 17th day of July A. D. 1978, before me, the undersigned, a Notary
Public in and for the State of Washington , duly commissioned and sworn personally appeared
BERT J. MINAE
to me known to be the individual_ described in and who executed the foregoing instrument, and acknowledged to me
that _he— signed and sealed the said instrument as his free and voluntary act and deed for the uses and purposely`
therein mentioned.
WITNESS m ' h6aa and official seal hereto affixed the da
/ Y y and year in this certificate ove, written.
Notary Public in ani for the State of Washington
residing at Bellevue
CC) ` ;��,» (Acknowledgment by individual. Washington Title Insurance Company. Form L 28)
STATE OF ! ,
,County of
_
On this ---1 A. D. 19-7-8— before me, the undersigned, a Notar
.Z-th�—day of----_._ _ - July _ ---
Wa sh inqton _ _ _ __, duly commissioned and sworn personally appeare
Public in and for the State of
ELEANOR H.
to me known to be the individual_— described i :•cuted the foregoing instrument, and acknowledged to me
that She— signed and sealed the said instnin.t her- ___free and voluntary act and deed for the uses and purposes
therein mentioned.
WITNESS my hand and official Feat he
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Acknowledgment by Indn—'
1
and,year in this certificate above written.
Washington
14-ITy Publ� in an or the State of
residingat-- Bellevue
.. , r, ,lion A Title Insurance Company Form L 28)
STATE OF"
County of
i
On this 17th � day of • July
A. D. 19— before me, the under-
signed, a Notary Public in and for the State of Wathington duly commissioned
and sworn, personally appeared CHARLES F OSBORN _
to me known to be the individual described in and who executed the foregoing instrument for him a f and
as attorney in fact of HARRIET J OSBORN also therein described, and acknowledged to meNtkat
he signed and sealed the same as— hisvoluntary act and deed and as the free and voluntary act and deed
of the said HARRIET 7 ORBORN for the uses and purposes therein mentioned, and on oath
atatecQhat -thepower of attorney authorizing the execution of this instrument -has not been revoked and that the said
H riet J. Osborn is now living.
WITNFS tmy hand and official seal hereto affixed the day,andyear in this certin to above written.
'
Notary(Public in and for the State oWashingtonf
residing at
Bellevue
(Acknowledgment by Self and as Attorney in Fact. Washington Title Insurance Company. Form L3 I)
STATE OF
County of
11th A Ma
On this—11thqday of ___ _... _ y
Public in and for the State of -__Washington
GEORGE B. WARD, JR.
tome known to be the individual____ described i
that _he__ signed and sealed the said instrun,t: .
therein Mentioned.
WITNESS my'hA,d nd official seat he., o
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011
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1 /(Acknow] edgment by lndi,.,,:
•
A. D. 19-2-8, before me, the undersigned, a Notary
duly commissioned and sworn personally appeared
"�Ovd the foregoing instrument, and acknowledged to me'
his _ ft ee and voluntary act and deed for the uses and purposes
an year in this certificate ab ritten.
'•az.tgry P ,c in and for the State ofW?Gh T1C�tOn
res,d,ng at- Bellevue
1 eyue
,tzon-il 'Cale Insurance Company Form L 28)
STATE OF� ss.
County
County of
On this 17th day of July -- , A. D. 19 78 , before me, the undersigned, a Notary
Public in and for the State of Washington _ , duly commissioned and sworn personally appeared
A SHARPE
to me known to be the individual who executed the foregoing instrument as attorney in fact of �' Omas
Sharpe
therein described, and acknowledged to me that he signed and sealed the said instrument as such attorney in fact
for said principal, freel5h and voluntarily, for the uses and purposes therein mentioned, and on oath stated that the power
of attorney authorizirig,.ic execution of this instrument has not been revoked and that the said
I �, _Thomas �' . �1�arnP is now li '
WITNESS my hand and official seal hereto affixed the day an year in this rtificate first o written.
'+ Notary Publi and for the State of Washington
'
residing at Bellevue
(Acknowledgment by Attorney in Fact. Washington Title Insurance Company. Form L 30)
,
STATE OF
S4.
County of
On this 17th 414 day of__ July .. _ _ A. D. 191, .� before me, the undersigned, a Notary
�
Public in and for the State ofashi_ngton _, duly c6mmissio6ed and sworn personally appeared
Barbara J. Sharpe,__
to me known to be the individual___ desc-ibed i,•. I • ' •cuted the foregoing instrument, and acknowledged to me
that the_ _ sign and sealed the said instrun,e-, her _free and voluntary act and deed for the uses and purposes
therein metitiriiyo'.'+..
WITNESS myiand'std official seal he. : ,;, Van:dL�eargtificate a e 2ten.
�1.,,Flry Publior the State of-Washin ton
„•s,ding at Bellevue
NIL
(Acknowledgment by Indt",,: tonal 'Cale Insurance Company Form L 28)
July 18, 1977
HEALTH & are being served by Kent,water was read and
SANITATION referred to the Public Works Committee. it
was noted that Mr. Curran now wishes to
short plat the land into four parcels and
transfer the ownership of one, which he
cannot do without a letter of water service
commitment from Kent. The Public Works Com-
mittee has recommended that Mr. Curran
attempt an annexation of his and other
property and that the request be denied
until after the results of that attempt
are known. JUST MOVED that Mr. Curran's
request be denied and that he be required
to attempt an annexation, Johnson seconded.
Motion carried.
Reauest for Water and Sewer Service. Kent
water and sewer service has been requested
for the proposed plat of Briere Lane located
between 100th Avenue S.E. and 104th Avenue
S.E. at S.E. 228th Street, outside of the
Kent City limits. In accordance with the
recommendations of the Public Works Committee,
KITTO MOVED that Briere Lane Plat be auth-
orized Kent water and sewer service, subject
to Resolution No. 822, Carey seconded.
Motion carried.
ANNEXATION Blecker Island. A petition for annexation
for the Blecker Island area has been received
and certified as representing 75/ or more of
the valuation of the area and has been filed
with the King County Boundary Review Board.
MASTERS MOVED that the petition be accepted
and the Planning Commission be requested to
begin the initial zoning process, Carey
seconded. Motion carried.
REZONES S.L. Savidge etal. On June 28, 1977, the
Planning Commission held a public hearing on
an application filed by S.L. Savidge, etal,
for a rezone from MA, Industrial Agricultural,
to MR -M, Medium Density Multi -Family Residen-
tial, and to M-1, Industrial Park. The 39
July 18, 1977
REZONE acres proposed for MR -M lie along the west
(S. L. SAVIDGE, side of West Valley Highway at approximately
ETAL) S,. 234th Street; the 67.5 acres proposed for
M-1 lie at the southwest corner of S. 228th
Street and West Valley Highway. The Planning
Commission recommends that the entire rezone
area be approved for M-1, Industrial Park
Zoning, with the following conditions:
1) Flood Control Conditions
a. Retention/detention facilities will be
designed to restrict discharge of sur-
face run-off from the developed site to
no greater rate than exists under the
present undeveloped condition. Discharge
will be into the S.C.S. P2 -B Channel
at the West Valley Highway adjacent to
S. 232nd Street.
b. Run-off coefficients and system design
will conform to the document titled
"Requirements and Guidelines for Storm
Drainage Control in King County," dated
February, 1977.
C. The retention basin required for a 25 -
year, 7 -day storm will be 47.61 acre
feet; retention for a 100 -year, 7 -day
storm, will be 59.51 acre feet.
d. The southernmost drainage ditch will
be relocated and reconstruction as
per cross sections agreed upon by the
Hydraulics Division of the King County
Public Works Department and as per
general map identified as Exhibit "A."
2) Streets
a. Provide the necessary right-of-way for
the proposed 64th Avenue S. street
system.
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July 18, 1977
REZONE b. Provide left -turn lanes on West Valley
(S.L. SAVIDGE, Highway wherever site design causes
ETAL) ingress/egress on this street.
C. Provide the necessary widening for
S. 228th Street.
3) Landscaping ,
Landscaping for the area adjacent to the
Circle "K" Mobile Home Park shall comply
with Section 3.17.4 7) Landscaping for the
M-1, Industrial Park Districts.
It was noted that the Final Environmental
Impact Statement has been filed with the
City Clerk.
Planning Director Harris described the area
and pointed out the location on the map.
Harris noted that while the applicant had
requested MR -M and M-l,zoning, the Comprehen-
sive Plan called for M-1 for this area. He
noted that because of the drainage problem
in the Valley it was easier to handle the
drainage situation with a larger parcel of
land, such as this entire 106 acres. He
especially noted condition (d) under item
1, Flood Control Conditions, relating to
the relocation of the drainage ditch. He
noted that item 2 (a) provides for the acquisi-
tion of the necessary right-of-way for the
proposed 64th Avenue S. street system. Harris
suggested that there should be some stipula-
tion in the rezone ordinance so that the
necessary right-of-way can be obtained before
the ordinance is adopted to avoid future
problems. Harris noted that the hearings
before the Planning Commission were lengthy
and also pointed out that some of the City's
storm drainage problems could be solved if
the rezone was granted with the conditions
specified.
July 18, 1977
REZONE The public hearing was opened by the Mayor.
(S.L. SAVIDGE, Michael Brooks spoke from the audience on
ETAL) behalf of the applicant and noted that they
were aware of the conditions suggested by
the Planning Commission and were in agree-
ment with them. He expressed appreciation
to the Planning Commission and staff for
the cooperation received. Referring to the
condition requiring acquisition of right-
of-way for 64th Avenue S., Brooks noted
that the applicant was in agreement that
some specific provision should be made for
this requirement. Storment referred to
Condition 3 regarding the landscaping for
the project and Harris pointed out that this
was a requirement under the City's Code.
He further pointed out that the condition
merely assures the Circle -K Mobile Home Park
that the buffer zone will be put there. In
response to Masters' questions regarding
ingress and egress to West Valley Highway
and improvement to S. 228th Street, Harris
noted that improvements for 64th Ave. S.
and S. 228th could be worked out in advance.
Upon Carey's questions, Harris explained
that the P2 -B Channel would depend upon
whether the Kent area is benefitted by any
flood control projects and explained the
requirements for different sizes of reten-
tion basins. Masters commented that she
had heard that different industries in the
Valley were trying to find living quarters
for their employees. She questioned whe-
ther this would be a consideration when the
Valley Floor Plan was under discussion.
Harris noted the apartment development in
the immediate area. He further determined
for McCaughan that easements for 64th Ave.
S. were being sought but that the property
should be deeded to the City eventually.
He noted that the width that is needed has
already been obtained and that when the pro-
posed project is underway the street will
be improved. He also noted for McCaughan
July 18, 1977
REZONE that any improvement to S. 228th would be
(S.L. SAVIDGE to City standards. Storment questioned
ETAL) whether there was any need for acquiring
an easement for adding a 5th lane on 68th
Avenue or on the West Valley Highway.
Harris noted that the conditions suggested
only left -turn lanes but not a 5th lane
for this.
There was no correspondence and there were
no further comments. McCAUGHAN MOVED that
the hearing be closed, Carey seconded.
Motion -carried.
MASTERS MOVED that the recommendation of
the Planning Commission be accepted with
the conditions and the City Attorney directed
to prepare the necessary amending ordinance.
Johnson seconded. In accordance with Street's
suggestion, Masters agreed to include in the
motion that the utilization of 64th Ave. S.
would be by dedication of right of way,
Johnson concurred. Motion carried.
REZONE Kent West Associates. The Planning Commis-
sion held a public hearing on June 28, 1977,
on an application filed by Kent West Associ-
ates for a rezone from GC, General Commercial,
to MR -M, Medium Density Multi -Family Residen-
tial, on property located at the northeast
corner of 64th Avenue S. and Smith Street.
The Planning Commission recommended that the
application be approved with the following
conditions:
1) Provide seven day storage capacity for
storm water on site. Submit plans, calcu-
lations and data to Engineering Department_
for approval detailing how this condition
is to be met.
2) Limit storm water run-off from site per
King County Ordinance #2281. Provide
drainage plan to Engineering Department
for approval.
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r
July 18, 1977
REZONE 3) Improve east half of 64th Avenue with
(KENT WEST asphalt pavement, curb and gutter, and
ASSOCIATES) sidewalk. Submit plans and other perti-
nent data to Engineering Department for
approval detailing how this condition is
to be met.
Planning Director Harris described the area,
consisting of 5.4 acres, and noted that the
rezone was requested to allow for completion
of the apartment complex, a portion of which
has already been built. The public hearing
was opened by the Mayor. R. G. Keever,
representing the applicant, noted that they
had worked closely with the Planning Commis-
sion regarding the rezone an& concurred
with the recommendations.
There was no correspondence and no further
comments. JOHNSON MOVED that the hearing
be closed, Storment seconded. Motion
carried. JOHNSON MOVED that the recommenda-
tion and conditions of the Planning Commis-
sion be accepted and the Attorney directed
to prepare the necessary amending ordinance,
Carey seconded. Motion carried.
Masters noted that there did not appear to
be any street signs on S. 238th and people
were experiencing difficulty in locating
residences in that area. The matter was
referred to Public Works Director Ulett
for investigation.
REZONE Dean Development Corp. It was noted that
on June 28, 1977 the Planning Commission
held a public hearing on an application filed
by Dean Development Corporation for a rezone
from CC (Community Commercial) to MR -M
(Medium Density Multi -Family -Residential)
for approximately two acres located at the
northeast corner of 100th Place S.E. and
S.E. 260th Street (extended). The Planning
Commission has recommended approval of the
August 1, 1977
FLVRO PREZONING The Planning Department has prepared a report,
a copy of which has been placed on file and
has been furnished to the Council, concerning
the Planning Commission's recommendation for
appropriate zoning to be applied to the Armand
Favro property in the event an annexation peti-
tion is filed with the City at some future date.
STORMENT MOVED that the Armand Favro prezoning
report be made a part of the record, Johnson
seconded. Motion carried. It was noted that
no annexation petition has been received to
date.
REZONE Dean Development. In accordance with the
directions of the Council, considerable effort
has been made to clear all the points of con-
tention discussed at the July 18 hearing on
this proposed rezone. The City Attorney and
City Administrator have recommended that a
complete review of the history and the re-
quirements which can be made by the Council
should be made at the August 8 workshop
meeting. Such action would necessitate
continuing this hearing to August 15, 1977.
JUST MOVED that the hearing on the Dean
Development rezone be continued until August
15, 1977 and that a full review occur at the
August 8 workshop, Carey seconded. Motion
carried.
S. L. Savidge. The City Attorney introduced
Ordinance No. 2041 approving the rezone of
certain property known as the S. L. Savidge
Rezone from M -A (Industrial Agricultural)
to M-1 (Industrial Park District). McCAUGIiAN
MOVED for the adoption of Ordinance No. 2041,
Carey seconded. John Scanlon stated that he
had read the ordinance and noted that it did
not contain the conditions imposed by the
Council at the public hearing on July 18.
He asked that approval of the ordinance be
withheld until his attorney could be present
to speak on the matter. Mirk stated that
rezone ordinances did not contain the condi-
tions, but that his office did not send such
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J
s
r
August 1, 1977
REZONE ordinances to be recorded until he was satis-
fied that all conditions had been met. He
pointed out that until the ordinance is pub-
lished and recorded, the rezone is not effective.
Scanlon expressed concern that through an err -or,
the ordinance could be recorded, and that there
,would then be no way to ensure enforcement of
the conditions. He acknowledged that the minutes
of the July 18 public hearing contained a com-
plete list of the conditions imposed upon the
rezone. Mirk maintained that the practice he
described made the control of the rezones and
conditions thereto easier to administer. Mirk
advised the Council to not become involved in
passing rezone ordinances containing conditions,
as enforcement of the conditions then would
become the City's responsibility. Motion
carried.
Kent West Associates. The City Attorney
introduced Ordinance No. 2042 approving the
Kent West Associates rezone for property
located at the northeast corner of 64th Ave.
S. and Smith Street, with conditions, from
GC, General Commercial, to MR -M, Medium
Density Multi -Family Residential. STORMENT
MOVED that Ordinance No. 2042 be adopted,
Carey seconded. Motion carried.
FINAL PLAT Highridge #4. It was noted that the hearing
on the Final Plat of Highridge #4 was scheduled
for this meeting. The developers have requested,
however, that the hearing be continued until
August 15, 1977, so that all details can be
completed. Accordingly, JOHNSON MOVED that
the hearing be continued until August 15, 1977,-
Carey
977,Carey seconded. Motion carried.
POLICE WIN Program. It was noted that Position #1 of
the WIN program for Police typists runs out
of funding September 3, 1977 and Position #2
runs out on August 25, 1977. The Police
Department has requested the sum of $4,775
to fund the two police typist positions for