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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 CV 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 r 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. r` ISABEL HO , MAYOR - 2 - ATTEST: MARIE JE , CITY CLERK ROVED AS TO FORM: N � r C3 --- :1 ERMALD E. MIRK, CITY ATTORNEY co O m ' f ' 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. - 3 - (SEAL) f x 1" ya • ��o '� :,i 1 n • 71 f .T 1� • � 1 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: UO 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 r0. 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 r - OContract of Sale, dated October 7, 1966, which was recorded CD under King County Auditor's File No. 6094229. The respective of ownership interests of the undersigned are set forth opposite O [O 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: -2- O G~ CD �D CO CD CO 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. -3- 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 t-- CD b. An eighty foot (80') strip running O �O through the northerly part thereof. CO O CO 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. -4- I ` :t ,91 r • ' (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. i0 C) 4. This agreement shall be considered as a covenant Q` O .0 running with the land and be recordable so as to give constructive C0 D notice to all persons of this agreement's existence. coN 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 r� 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 • r s +11 -----------_i 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) r�% .,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 0,11 CD (Acknowledgment by Individual. Washington Title Insurance Company. Form L 28) co co 1` 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. r WITNESS',;ny hand and official seal hereto affixed the day a d year in this certificate a ov written. •\ ;� Notary P c in and for the State of Washington r, Q _ residing at- Bellevue CD '..� 'r.aJ♦: lT 0 co STATE OF f` (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) w• ! Y J +Y- 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 ) 00 0 00 r�- 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 h _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 4J 4 k Q. 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 I • I �� 011 it A C 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. - 7 - 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. - 10 - 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 - 10 - 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