HomeMy WebLinkAboutEC17-206 - Other - Marquee on Meeker - Phase I - Development Agreement - Recorded Version - 08/23/2017 Instrument Number: 20180314000845 Document:AG Rec: $174.00 Page-1 of 101
Record Date:3/14/2018 2:32 PM
King County,WA
Return Address:
City Clerk's Office
-City of Kent
220 Fourth Avenue South
Kent,WA 98032
Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet .(Rcw 65.o4)
Document Title(s):(or transactions contained therein):(all areas applicable to your document must be filled in)
1. Development Agreement
2.
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Grantor(s) (Last name,first name,initials)
1. City of Kent
2.
Additional names on page of document.
Grantee(s) (Last name first,then first name and initials)
1. Marquee on Meeker,LLC
2
Additional names on page of document.
Legal description(abbreviated: i.e.lot,block,plat or section,township,range)
Additional legal is on page of document.
Assessor's Property.Tax Parcel/Aecount Number ❑Assessor Tax#not yet
assigned
232204901101
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verify the accuracy or completeness of the indexing information provided herein.
I am requesting an emergency nonstandard recording for an additional fee as provided in RCW
36.18.010. I understand that the recording processing requirements may cover up or otherwise
obscure some part of the text of the original document:
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Instrument Number: 20180314000845 Document:AG Rec: S174.00 Page-2 of 101
Record Date:3/14/2018 2:32 PM King;County,WA
CITY OF KENT/MARQUEE ON MEEKER LLC
MARQUEE ON MEEKER PROJECT
DEVELOPMENT AGREEMENT
The City of Kent, a Washington municipal corporation ("City"), and MARQUEE ON
MEEKER, LLC, a Washington limited liability company("Developer"), enter into the following
development agreement ("Agreement") to govern the design, development, permitting, mitigation
of environmental impacts, and uses associated with the development of that certain proposed
development formerly known as the Riverbend Gateway Project and now known as the Marquee on
Meeker Project ("Project"),, through construction of the buildings, infrastructure and related
improvements. Developer and City are. each a "Party" and collectively the "Parties" to this
Agreement.
Recitals
A. The City is a municipal corporation incorporated under the laws of the State of
Washington. The City has the authority to enact laws and enter into agreements to promote the
health, safety and welfare of its citizens and thereby to control the use and development of the
Project.
H. This Agreement is authorized by RCW 36.7013.170 through .210 (the
"Development Agreement Statute") and Kent City Code (KCC) Section 15.08.450. It addresses
Project development standards, which are defined in the Development Agreement Statute to
include, for example, impact fees, mitigation,design standards, phasing issues, review procedures,
westing issues, and other appropriate development requirements. The Agreement is intended to
constitute a development agreement governed by the terms and conditions of the Development
Agreement Statute and applicable Washington law and to provide the City and Developer with
certainty as to the type of Project that will be built and the type of mitigation that will be provided. It
is also entered into under the City's general police power and contracting authority and the City's
State Environmental Policy Act("SEPA")mitigation authority,
C. The development standards in the Agreement will govern the Project for the term
of the Agreement as described herein. As authorized by state statute,the Agreement identifies the
adequacy under SEPA of the mitigation required by the City's-SEPA threshold determination on
the Project. The Agreement will not be approved until after a public hearing and approval by the
Kent City Council ("City Council'), and once approved by the City Council and executed by the
Parties,the Agreement will be recorded in the real property records of King County, Washington.
D. The Parties intend that this Agreement identify and address all known significant
regulatory fees and mitigation that will be required for Developer to construct the Project
contemplated herein.
E. This.Agreement is based upon the City's police power,contracting power and other
authority, including the Development Agreement Statute and Washington law.
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F. All Recitals and Attachments (1 thru 7) referenced in this Agreement are hereby
incorporated by reference and shall be considered as material terms of this Agreement.
NOW THEREFORE, in consideration of the mutual benefits and agreements contained
herein,as well as other valuable consideration,the receipt and sufficiency of which are hereby
acknowledged,City and Developer agree as follows:
1. Prover ProverW The Project is to be developed on that certain twenty-four (24) acre
(approximately)parcel of real property located generally at 2030 W.Meeker St.,Kent,WA 98032
and legally described on Attachment 1 (the "Property"). Developer has applied for, and City has
approved for recording,a short plat of the Property into five(5)parcels as described and depicted in
the short plat applicatiomset forth as Attachment 2.
2. Project Description. The Project is.a mixed-use retail/multi-family residential community.
The project will consist of approximately 492 residential apartment units together with certain
accessory uses,totaling approximately 12,000 square feet of commercial/retail. The residential units
will be contained in two podium style buildings and multiple three story urban style walk-up
buildings. The podium buildings are anticipated to have four levels of wood frame residential
construction over concrete podium decks containing approximately 6,000 SF of restaurant/retail
space including adjacent exterior lifestyle patios and approximately 24.0 stalls of parking. The urban
style, three-story buildings will, generally,be located so as to minimize the impact on the existing
natural character of the site along the river's edge and pedestrian-bicycle pathway. These smaller
three-story buildings will maximize the potential to save the existing landscaping and view vistas
found near the shoreline. The site will also contain surface parking, presently anticipated for an
additional 510 stalls for a total of 750 stalls. The exact number of parking stalls will be determined at
the time of building permit(s) issuance. Developer intends to construct the Property in two_(2)
phases (each a"Phase"herein). Each Phase shall comprise approximately one-half of the land area
of the Property and shall be developed with roughly half of the residential, commercial/retail and
accessory parking in each Phase. The entire Project is more fully described in Attachments 3 and 4
(which include conceptual.plans and elevations submitted in response to the RFP for the Project
(Attachment 3) and the approved phasing plan (Attachment 4). It is Developer's.intent to develop
the Project in two phases consistent with the approved phasing plan set forth in Attachment 4,
provided that Developer,at Developer's election,may elect to construct the entire Project in a single
Phase; provided, however, that notwithstanding anything to the contrary set forth herein, if the
Developer elects to develop the Project in two Phases,the first Phase construction shalt in any event
include construction;of on-site and off-site public and private mainline infrastructure, including
water,storm water,sanitary sewer utilities and traffic/pedestrian improvements for the entire Project
and "Meet Me on Meeker" improvements for the entire Project(i.e., both Phases). Nothing in this
Agreement is intended to approve, authorize or limit Developer's ability to propose new or
additional development on the Property that would not qualify as a minor modification under this
Agreement, and any such new,or additional development shall be consistent with then-applicable
municipal code, land use regulations and the City's comprehensive plan and shall not be subject to
this Agreement except by written amendment to this. Agreement executed by the Parties and
approved by the City Council as may be required.
3. Maior Public Infrastructure. The required major public water,sewer,stormwater and
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frontage infrastructure requirements are as shown and listed in Attachment 5 to this Agreement.
The Parties do not anticipate any additional major public water,sewer,stormwater or frontage
improvements beyond those set forth in Attachment 5 will be required for the Project as set forth
herein.
4. . Term of Agreement and Vesting. The Agreement and the legal requirements identified
in the Agreement shall govern the Project and any application required in connection therewith
filed within ten (10) years of the date of the Agreement. Any amendments or additions made to
the legal requirements identified in this Agreement during the term of the Agreement shall not
apply to or affect the Project, except as otherwise provided in this Agreement, or if other county,
state or federal laws preempt the City's authority to vest regulations. The City reserves the
authority to impose new or different officially adopted regulations, only if, and to the extent
required by a serious threat to the public health and safety,as determined by the City Council after
notice and an opportunity to be heard has been provided to Developer unless the threat is so
immediate that notice is not practical in the short term,due to the imminent threat to public health
and safety.
5. Proiect Public Benefit. The Project as proposed will provide the following public benefits
to be included in the Project, as further defincd by this Agreement. To the extent these public
benefits would not otherwise be required by local regulations or as an offset to local regulations,
they constitute additional consideration for the City entering into this Agreement:
(a) The City has proposed, but not yet adopted, new Meeker Street construction
standards intended to create a more urban, multi-modal arterial than currently established
by KCC regulations, i.e., its "Meet Me on Meeker" (MMOM) project. Current KCC
regulations would require the Project provide standard half-street improvements to Meeker
Street. Developer has elected to construct its Meeker Street frontage substantially in
conformance with the proposed MMOM standards in exchange for a partial credit against
the City's Transportation Impact Fees (TIF) for the Project. Once completed, the Parties
expect that the Project will be a catalyst for change in the MMOM project area and will
provide enhanced access to surrounding commercial uses.
(b) For so long as the Project remains either substantially in the layout and configuration
of the approved final building permits or substantially in the same land uses, Developer
shall be solely responsible to maintain all landscaping and certain hardscape within the
Project's MMOM frontage improvements as described in Section 6(b)below.
(c) Developer shall upgrade the required public access to Green River Trail (upgraded
paving materials and adjacent landscaping used within the courtyard area locatedbetwcen
and directly adjacent to the two podium buildings of the Project at the northerly portion of
the central trail connection); plus new vehicular access for maintenance vehicles from the
Project's northwest parking lot to the Green River levee near the northwest corner of the
Property.
6. Proiect Mitigation and Fees. The Project is vested.for the term of this Agreement to the
following fees, charges, policies, regulations,codes and development standards:
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(a) Regulations and Policies. The Project is located in the GC-MU (General
Commercial-Mixed Use) zone. The City zoning, building, development regulations,
.standards, municipal code and ordinances, policies (including comprehensive plan
policies) governing land development in effect as of the date of the Agreement shall
govern the Project,except as otherwise set out in this Agreement.
(b) Retail Requirement. Developer has requested a departure from KCC
15.04.020, 15.04.030(2), 15.04.200, and 15.02.260, which require that at least five
percent (5%)W the gross floor area of a mixed-use development in the GC-MU zone
must be a permitted commercial/retail use. As currently proposed by Developer,
approximately 2.5%of the Project will consist of a commercial/retail use. The City has
determined that a public benefit of equal or greater-value than that derived from
additional commercial/retail development meeting the 5% standard will be achieved by
instead including the following elements in the Project:
. Construction and completion of all MMOM frontage improvements along the
Project's entire frontage (Le., all MMQM frontage improvements required for both
Phases of the Project)as part of the first Phase of Project development.
2. For,so long as the Project remains either substantially in the layout.and
configuration of the approved final building permits or substantially in the same land
uses, Developer shall be solely responsible to maintaim all landscaped areas within the
Project's MMOM frontage improvements from the back of the new Meeker Street
curbline to the Property line and the parking and public area edges, plus crosswalk
medians within the adjacent.Meeker Street right-of-way: This perpetual maintenance
obligation includes,without limitation,maintenance of all landscaping(including but not
limited to irrigation, weeding and replanting,as necessary) but shall not include regular
maintenance of any City-owned sidewalks, roadways, bicycle paths, trails, signage or
lighting with the exception of periodic cleaning of all hardscape areas other than City
roadways as may be needed from time to time.. Notwithstanding the foregoing sentence,
Developer is responsible, for repair of damage to any of the MMOM frontage
improvements caused by landscaping, landscape maintenance (or lack thereof) or
hardscape cleaning. By of example only, Developer is responsible to repair damage
to sidewalks caused by tree roots within landscape areas. Maintenance as contemplated
in this provision shall not include maintenance or capital repairs necessary to address
accidental or deliberate damage or destruction due to traffic accidents,collisons,natural
disasters or the_like,all of which shall be the responsibility of City.
3. Developer shall construct, and for so long as the Project remains either
substantially'ip the layout and configuration of the approved final building permits or
substantially in the same land uses,shall maintain the required facilities providing public
access to the Green River Trail of a design and quality that meets or exceeds KCC
minimum standards and visually enhances nearby public areas.
(c) Design and Development. The Project shalt consist of the buildings and
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structures, square footage, building stories and heights,and exterior and interior fit and
finish details as set out in Attachment 3, and Developer shall construct the Project in
conformance to the Attachment 3 designs and details, subject to modification only
through the City's design review regulations. Subject to compliance with this obligation
by Developer,the Project will vest to the applicable design guidelines in effect as of the
date of this Agreement until the expiration of the term of this Agreement and�sa
permitted minor modifications as described in Section 10 below.
(d) Impact Fees. The Project is vested for the term of this Agreement to those
impact fees and charges described on Attachment 5. The applicable fees and charges
listed in Attachment 5 are due upon issuance of each Project building permit,subject to
applicable credits and adjustments; if any, as stated in this Agreement. The applicable
fees shall comply with applicable KCC regulations in effect as of the date of this
Agreement and shall be calculated based on Chapter 12 of the Kent City Code.
(e) Substantive SEPA Policies. The substantive SEPA policies applicable to the
Project are those set Forth in the City's SEPA ordinance at Section 11.03.510 of the Kent
City Code in existence at the time of execution of the Agreement.
M Water and Sewer Utilities. Impact fees and charges as set forth in Attachment
5 include sewer and water system development charges relating to City-operated sewer
and water utilities.("SDC") associated with permitting the Project, but not the monthly
utility rates (sewer, water, storm drainage, and solid waste). The Parties agree, for
mutual benefit,that individual domestic water services will be utilized for each building
within the Project in lieu of one master meter for the entire project. The City agrees that
an individual 6" meter would be the appropriate equivalent water meter for the project,
therefore a 6"system development charge will be the applicable charge for the Project.
The system development charge for a 6"meter is$365,329.51. This fee shall be paid in
two equal payments,each payment being due at the time that Building Permits are issued
for the applicable Phase of the Project. The City agrees that the Project storm drainage
as per the Project designs and configuration approved hereunder may, at Developer's
sole discretion, be directed, undetained, into the City's stormwater facilities located
within the adjacent Meeker Street right of way. The storm drainage SDC is calculated to
be $0.88/s.f. of onsite impervious surface that drains into the City's storm facilities.
The storm drainage SDC is calculated to be $0.44/s.f. for any infiltrated area that is
calculated to overflow into the City's regional storm drainage system. In addition, the
Project shall be responsible for all.sewer and storm water fees and charges, if any, for
non-City operated sewer and storm water facilities.
(g) Residential Targeted Area Designation. City has taken all necessary steps to
designate the Property as a"residential targeted area"pursuant to RCW 84.14.040,and
Developer is responsible for all required applications and other processes to qualify for
the tax exemptions available to it under RCW 84.14.040, otherwise known as .the
"Multi-Family Tax Exemption." The Developer intends to take advantage of the
Multi-Family Tax Exemption.
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(h) Transportation Impact Fees.
1 'Qualification of improvements for impact fee credit. The City agrees. to
take all necessary steps to include the MMOM improvements,as currently designed and
anticipated by the Project and shown on Attachment 3 on the City's Transportation
Improvement Program/Capital Facilities Plan. Should the City fail to include the
MMOM improvements in the City's Transportation Improvement Program/Capital
Facilities Plan, the.City agrees that the Developer's construction of the MMOM
improvements,as currently shown on Attachment 3, serves the goals and objectives of
the capital facilities plan and qualifies for impact fee credit under KCC 12.14.909 as
reFlected in the impact fees due in Attachment S.
2. Impact fee credit calculation. The total Transportation Impact Fee (TIP)
due for the Project is $761,837.83, plus a one percent (1%) administrative fee.
Developer has agreed to construct the MMOM improvements as a public benefit. In
consideration of this public benefit,a portion of the cost of the MMOM improvements
shall be offset by a TIF credit in the amount of$500,000. Specifically, the City agrees
that the TIF credit of$500,000 is in consideration of the MMOM improvements that
would apply to reduce the cost of future,construction of Project W-12 on the City's
adopted TIF regulations.
(i) Dedications and Right-of-Way Street Use License. The Developer's
construction of the MMOM frontage improvements,as generally depicted and described
on Attachment 3, will require the dedication of approximately 26,496 square feet of
property within the Project to the City.of Kentfor right-of-way purposes. The Developer
agrees to dedicate this property to the City. The Project will construct a parking area in a
portion of the Meeker Street right-of--way. The City agrees to grant a limited street use
license to Developer in the form attached as Attachment 6 for the life of the Project to
allow the use of that right-of-way area for such parking.
7. SEPA Comoliance; Adequacy of Proieet Mitigation. The Project has undergone
environmental review pursuant to the State Environmental Policy Act("SEPA"). A Determination
of Nonsignificance for the Project was issued on June 30,2017 and is attached hereto as Attachment
8. No further SEPA mitigation will be required for the Project as agreed to herein. Any
modification to the Project may trigger additional SEPA review.
8. Cone_ urrencv. The parties agree the Project has met concurrency requirements per Chapter
12.11 of the Kent City Code. No further concurrency review will be required for development of
the Project as agreed to herein,however,modifications to the Project that require amendment of this
Agreement may trigger additional concurrency review.
9. Permit Review and Processing and Fees..Developer agrees to pay all permitting/review
fees established by the City. Fees will adjust over time and Developer agrees to pay the fees in place
at the time of application and/or permitting as applicable to each application or permit.
10. Minor Modifications. The Project will be subject to building permit review and other
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applicable review processes. The final design of the buildings and other improvements,precise
location of building footprints, location of utilities, determination of access points, and other
design issues will be determined during that process. As pan of the review process the City may
administratively approve minor modifications to the design and development standards set forth
herein pursuant to KCC regulations. The City reserves the. right to require amendment of this
Agreement as a condition of approving .any changes which it deems to be more than minor
modifications.
11. Stormwater Detention and Treatment. The Washington State Supreme Court has
determined that local stormwater codes,because they are mandated by state and federal law,are not
subject to state and local vesting regulations. The Washington State Supreme Court has also
indicated that vesting to local stormwater codes may still be allowed if provided under a statutory
development agreement. Accordingly, Project vesting to the City's stormwater standards shall be
governed by Washington law, including the Washington State Supreme Court's decision in
Snohomish County,et al.v. Pollution Control Hearings Board and Washington State Department of
Ecology,et al., 187 Wn.2d 346,386 P.3d 1064,2016,and to the extent allowed by Washington law,
the Project will vest to the City's 2002 Surface Water Design Manual for the term of this Agreement
unless the Washington legislature or Washington courts determine that developments do not vest to
local stormwater codes pursuant to a statutory development agreement.
12. Utility Charges. Developer will pay standard connection charges to the City's utilities,
including all local general facility charges and regional connection charges, if any. Except as
provided in Section 6 above,the City shall not impose any additional fees,charges or requirements
to construct off-site utility infrastructure as part of the Project. However, Developer remains
responsible for all costs associated with alteration or extension of on-site utility infrastructure
necessary for the Project.
13. Construction of Documents. In the event there are any conflicts or ambiguities between
the terms of the body of this Agreement or the terms of the Attachments,the terms of the body of
this Agreement shall control.
14. Indemnification. Except as otherwise specifically provided elsewhere in this Agreement
and any exhibits hereto, each Party shall protect,defend,.indemnify and hold harmless the other
Party and their officers, agents, and employees, or any of them, from and against any and all
claims,actions,suits,liability,loss,costs,expenses,and damages of any nature whatsoever,which
are caused by or result from any negligent act or omission of the Party's own officers,agents,and
employees in performing services pursuant to this Agreement. In the event that any suit based
upon such a claim, action, loss, or damage is brought against a Party, the Party whose sole
negligent actions or omissions gave rise to the claim shall defend the other Party at the -
indemnifying Party's sole cost and expense;and if final judgment be rendered against the other
Party and its officers, agents, and employees or be rendered jointly against the Parties and their
respective officers, agents, and employees, the Party whose sole negligent actions or omissions
gave rise to the claim shall satisfy the same;provided that, in the event ofconcurrent negligence,
each Party shall indemnify and hold the other Party harmless only to the extent of the indemnifying
Party's negligence,and in that instance each Party shall be responsible to pay all of its own legal
fees and costs. The indemnification to the City hereunder shall be for the benefit of the City as an
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entity,and not for members of the general public.
15, Authoritv. Each signatory to this Agreement represents and warrants that he or she has
full power and authority to execute and deliver this Agreement on behalf of the Party for which he
or she is signing,and that he or she will defend and hold harmless the other Parties and signatories
from any claim that he or she was not fully authorized to execute this Agreement on behalf of the
person or entity for whom he or she signed. Upon proper execution and delivery,this Agreement
will have been duly entered into by the Parties, will constitute as against each Party a valid, legal
and binding obligation that shall run with.the land, and will be enforceable against each Party in
accordance with the terms herein..
16.- Easement for Public Pedestria Trail. The Developer agrees to grant a permanent
easement for a public.pedestrian trail from Meeker Street to the Green River Trail, in the form
attached as Attachment 7.The Parties agree and acknowledge that with regard to the portion of the
public pedestrian trail or its access lying within the Property boundaries, Developer may impose
reasonable controls.on.uses of such portion of the public pedestrian trait that are likely to have an
adverse effect on the Project occupants/tenants reasonable enjoyment and use of the Project, so
long as such controls are consistent with City policies and guidelines for public trail use or as
otherwise approved or in effect by the City.
17. Recordine/Binding Effect/Assianability. This Agreement shall be recorded in the real
property records of King County, Washington, as necessary to disclose this Agreement on title to
the Property. It is mutually agreed that the terms of this Agreement touch and concern the land and
shall be covenants running with the land. This Agreement shall run with the land as binding on the
Parties and their respective heirs, assigns, successors, legatees, representatives, receivers and
trustees and shall continue following the subdivision, lease or transfer of ownership of all or any
part of the Property during the term of this Agreement.
18. Agreement Consistency with RCW 82.02.020. The mitigation, payments and
dedications established by this Agreement are consistent with the requirements of RCW 82.02.020
and mitigate the direct impacts that have been identified as a consequence of the Project. Neither
Developer nor any assignee shall assert a claim against City asserting that(i)the City lacked a legal
basis for imposing the agrecd-upon mitigation, payments or dedications; (ii) that the mitigation,
payments or dedications lacked sufficient nexus or proportionality with the identified impacts of
Project; or (iii) that the mitigation, payments or dedications were greater than if they had been
calculated using alternate rationales or formulae.
19. Delays. If either Party is delayed in the performance of its obligations in this Agreement
due to Force Majeure,then performance of such obligation shall be excused for the period of
delay. The term Force Majeure as used herein shall mean extraordinary natural events or
conditions such as war,riot, labor disputes,or other causes beyond the reasonable control of the
obligated party. The City's or Developer's inability to fund,or decision not to fund,any of its
obligations shall not constitute an event of Force Majeure or otherwise be an acceptable reason for
delay.
20. Notices. All notices, requests, demands, and other communications called for or
contemplated by this Agreement shall be in writing, and shall be duly given by mailing the same
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by certified mail, return receipt requested; or by delivering the same by hand, to the following
addresses, or to such other addresses as the Parties may designate by written notice in the manner
aforesaid:
To Seller: City of Kent
220 Fourth Avenue South
Kent, WA 98032
Attn: Ben Wolters
Email: bwoltersnkentwa.gov
With a copy to: foster Pepper PLLC
I I 1 I 'Third Avenue, Suite 3000
Seattle, WA 98101-3299
Attn: Beth Clark
Email: beth.clarknfoster:com
To Buyer: Marquee on Meeker, LLC
c/o Landmark Development Group
2711 West Valley Highway NorthSuite 200
Auburn, WA 98001
Attn: Brett Jacobsen
Email: biacobscilQuAiw-inc.com
With a copy to: Marquee on Meeker, LLC
HAL Real Estate Inc.
2025 First Avenue, Suite 700
Seattle, WA 98121
Attn: Jonathan Manheim
Email: jmanheimnha1 real estate.corn
and: Alston Courtnage& Bassetti LLP
1420 51h Avenue, Suite 3650
Seattle, WA 98101-401 l
Attn:Tom Read
Email: tread cr,alcourt.com
Any Party hereto may change its address forthe purpose of receiving notices as herein provided by
a written notice given in the manner aforesaid to the other Party hereto.
21. Governing Law/Venue. '['his Agreement shall be governed by and construed in
accordance with the laws of the Sate of Washington. Venue for any judicial action arising out of
or relating to this Agreement shall lie in King County Superior Court.
22. S_peeific Performance. The Parties specifically agree that damages are not an adequate
remedy for breach of this Agreement and that the Parties are entitled to compel specific
performance of all material terms of this Agreement by any Party in default hereof. All terms and
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provisions of this Agreement are material.
23. Attorneys' Fees. In any arbitration or judicial action to enforce or determine a Party's
rights under this Agreement,each Party shall be responsible for payment of its own attorneys'fees,
expert witness fees,and all other costs,if any.
24. No Third Party Beneficiary. This Agreement is made and entered into for the sole
protection and benefit of the Parties and their successors and assigns. No other person shall have
any right of action based upon any provision of this Agreement.
25. Severability. This Agreement does not violate any federal or state statute,rule,regulation
or common law known; but any provision which is found to be invalid or in violation of any
statute, rule, regulation or common law shall be considered null and void, with the remaining
provisions remaining viable and in effect.
26. Final and Complete Agreement. This Agreement is integrated and together with the
DNS for the Project constitutes the final and complete expression of the Parties on all subjects
relating to the development of the Project. This Agreement may not be modified, interpreted,
amended,waived or revoked orally, but only by a writing signed by all Parties. This Agreement
supersedes and replaces all prior.agreements, discussions and representations on all subjects
discussed herein,without limitation. No Party is entering into this Agreement in reliance on any
oral or written promises, inducements, representations, understandings, interpretations or
agreements other than those contained in this Agreement and the exhibits hereto.
27. Recordine, Assignment. The Agreement shall be recorded with the King County
Auditor/Recorder. This Agreement shall be a covenant running with the land and shall be binding
upon and inure to the benefit of the Parties and their successors in interest as described herein.
28. Modification, The Agreement may be modified only with the written agreement of
the_City and MARQUEE ON MEEKER LLC and their successors and assigns.
29. Counterparts. This Agreement may be executed in counterparts each of which shall
be deemed an original.
(signatures follow)
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Agreed this a'lyd day of V Ci UG'r20 1-7
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APPROVED
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City A46rney Dated:
Print Name:
Attachments
Attachment I Legal Description of Property
Attachment 2 Short Plat Application
Attachment 3 Project Design, Conceptual Plans and Elevations
Attachment 4 Approved Project Phasing Plan
Attachment 5 Required Major Public Infrastructure(as per Section 3)/Impact Fees
(as per Section 6(d))
Attachment 6 Form of Limited Street Use License for parking in Meeker Street
Right-of-Way
Attachment 7 Form of Casement for Public Pedestrian Trail
Attachment 8 Copy of DNS for the Project
- I1 _
Instrument Number: 20180314000845 Document:AG Rec: $174.00 Page-13 of 101
Record Date:3/14/2018 2:32 PM King County,WA
STATE OF WASHINGTON )
ss
COUNTY OF SING )
On.this day of 2017, before me, the
undersigned, a Notary Public in and for the tie of Washington,duly commissioned and
sworn, personally appeared -S COCA?- , to me-known as
the Mayor and City.Clerk, for the City.of Kent,the corporation who executed the within and
foregoing instrument.and acknowledged the said instrument to be the-free and voluntary act
and deed of said City.of Kent, for the uses and purposes therein mentioned;_and on oath
stated that he is.authorized.to execute said instrument on behalf of said municipal
corporation.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seat
on th`` I 1C qv set forth.
v ?ocA
NJ. WX NOT RY PUBLIC in an o.,the State of
. - 2 .�4 Washington,residing at tee-?
MY COMMISSION EXPIRES.
�
�yI OF WP
STATE 0N* 'I ON )
ss:
COUNTY OF KING }
On this 3� day of AQCtt.1 c& , 2017,before me, the undersigned,a Notary Public
in and for t e State of Washington, duly commissioned and sworn, personally appeared
`")te�'C i�CCJoS,91n and [on behalf of the
DEVELOPER], the person(s) who executed the within and foregoing instrument, and
acknowledged the said instrument .to be -the free and voluntary act and deed of said
person(s) for.the uses and purposes therein mentioned, and [if the DEVELOPER is a
corporation or other entity warranting.authorixed signatures] on oath stated that they arc
authorized to execute said instrument on behalf ofsaid DEVELOPER.
IN WITNESS WHEREOF; I have hereunto set my hand and affixed my.ofticial seal on the
date hereinabove set forth.
L. ED4 14,� NOTARY PUBLIC in and for the State.of
biota44'f,,U�OZ1zzz
Washington, residing at CCsV11nQ -� Lie)
ltr� aotaty �'��y1 ; MY COMMISSION EXPIRES:
i IF i
-
j
12
Instrument Number: 20180314000845 Document:AG Rec: 5174.00 Page-14 of 101
Record Date:3/14/2018 2:32 PM King Count-,WA
ATTACHMENT I
LEGAL DESCRIPTION OF THE PROPERTY
Real property In the County of King,State of Washington,described as follows:
PARCEL A:
THOSE PORTIONS OF GOVERNMENT LOTS 4 AND 5 IN THE SOUTHWEST QUARTER OF SECTION 23,
TOWNSHIP 22 NORTH, RANGE 4 EAST,W.M., IN KING COUNTY,,WASHINGTON,AND THAT PORTION
OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 23,ALL LYING
SOUTHERLY OF SECONDARY STATE HIGHWAY NUMBER 5-A AND WESTERLY OF JOHN DOWNEY ROAD
NUMBER 722(54TH PLACE SOUTH);
EXCEPT PORTION THEREOF PLATTED AS COLONY PARK CONDOMINIUMS AS RECORDED IN VOLUME 31
OF CONDOMINIUMS, PAGES 55 THROUGH 57, INCLUSIVE, IN KING COUNTY,WASHINGTON;
AND EXCEPT THAT PORTION OF GOVERNMENT LOT 5 IN SECTION 23,TOWNSHIP 22 NORTH,RANGE 4
EAST,W.M.r IN KING COUNTY,WASHINGTON,DESCRIBED AS FOLLOWS:
BEGINNING ON THE CENTERLINE OF SECONDARY STATE HIGHWAY NUMBER 5-A AT HIGHWAY
ENGINEER`S STATION 163+00.00 BACK; 163+48.2 AHEAD AS SHOWN ON THE STATE HIGHWAY MAP
BEARING DATE OF APPROVAL OF JANUARY 29,1957,REVISED MARCH 19, 1957,THE CENTERLINE OF
WHICH IS ALSO SHOWN OF RECORD IN VOLUME J,PAGE 32 OF HIGHWAY PLATS, INKING COUNTY,
WASHINGTON;
THENCE NORTH 6305330"EAST,ALONG THE CENTERLINE OF SAID HIGHWAY 549.68 FEET;
THENCE SOUTH 14'051'10-EAST,301,01 FEET;
THENCE SOUTH 75-08'50-WEST;60.00 FEET;
THENCE SOUTH 14051'10"EAST, 119.73 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 141151'10'EAST, 166.14 FEET;
THENCE NORTH 0602325R EAST,55.20 FEET;
THENCE NORTH 14051'10'WEST,76.19 FEET;
THENCE NORTH 42018'10"WEST,.43.69 FEET TO THE TRUE POINT OF BEGINNING,
PARCEL 8:
A NON-EXCLUSIVE EASEMENT FOR INGRESS,EGRESS AND uni-rf[E$AS DESCRIBED BY RECORDING
NUMBER 9502020945.
Tax Parcel Number: 232204901101 .
Sltus Address:To be Determined,Kent,WA
ATTACHMENT l
Instrument Number: 20180314000845 Document:AG Rec: S174.00 Page-15 of 101
Record Date:3/14/2018 2:32 PM King County,WA
ATTACHMENT 2
SHORT PLAT APPLICATIOAI
(See Attached)
ATTACHMENT
Instrument Number: 20180314000845 Document:AG Rec: S174.00 Page-16 of 101
Record Date:3/14/2018 2:32 PM King County,WA
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING SERVICES
16 Matt Gilbert, AICP, Current Planning Manager
KENT
sm.orom Phone: 253-856-5454
Fax: 253-856-64S4
220 Fourth Avenue S
Kent,WA 98032-5895
PRELIMINARY SHORT SUBDIVISION APPROVAL
May 4, 2017
MEMO TO: Brett Jacobsen
NAME OF SHORT PLAT: RIVERSEND SHORT PLAT
APPLICATION NO: SP-2017-1; KIVA #RPSS-2170221
ACTION OF SHORT PLAT COMMITTEE: APPROVAL WITH CONDITIONS
NUMBER OF LOTS APPROVED: EIGHT LOTS
ACTION DATE., MAY 4, 2017
EXPIRATION DATE; MAY 4, 2021
PLANNER: JASON GARNHAM
F r Inos for Aooroval of Tvoe II Short Subdivisions (5 9 Lots) pursuant to KCC 12 04 180
The city has determined that appropriate provisions have been made for the public health,
safety and general welfare of the community; protection of environmentally sensitive
lands and habitat; potable water supplies, sanitary wastes, and other public utilities and
services; drainage ways; and the connectivity.of streets, roads, sidewalks and pedestrian
pathways within and between subdivisions and neighborhoods.
The city has considered all other relevant facts of this application and has determined that
the physical site characteristics are suitable for platting. The city has determined that the
public use and interest will be served by the platting of the short subdivision subject to
the following conditions of approval.
Staff recommends approval of the Kent Acre Short Plat #SP-2016-2 with the following
conditions. These conditions shall be in addition to any other conditions imposed by the
Short Plat Committee.
A. Prior to Recording this Short Subdivision•
1. The subdivider shall pay all known Charges in Lieu of Assessments and/or
Latecomer Fees, if any.
ATTACHMENT 2
Instrument Number: 20180314000845 Document:AG Rec: S174.00 Page-17 of 101
Record Date:3/14/2018 2:32 PM King County,WA
Approval Memo
Riverpend Short.Plat
SP-2017-1; KIVA *RPSS-2170221
2. The applicant shall demonstrate that adequate water supply will be
available to provide the utility and. fire suppression needs for any
proposed development.
3. The applicant. shall submit a final short plat map and conceptual
development plans showing the following details:
a) The Green River Trail and its vicinity placed in a separate tract,
parcel, or easement that clearly expresses the right and
responsibility for accessing and maintaining the facility and Its
environs by the City of Kent Parks and Recreation Department and
for recreational use of the facility by the public.
b) The levee and its future S00-year flood protection level placed in a
separate tract, parcel, or easement that clearly expresses the right
and responsibility for accessing, constructing, and maintaining it by
the City of Kent Public Works Department and the King County Flood
Control District.
B. Prior to the issuance of a Building Permit on any lot in this short
subdivision the owner/subdivider shall
1. Establish the necessary property rights to construct improvements on Lots
1-5 of the proposed short plat as contemplated In City-approved
construction plans.
2. Record the short plat.
3. Submit and receive City approval of Street Improvement Plans for West
Meeker Street as discussed In Section I.I, above, and as detailed in a
binding development agreement or as approved by the.City of Kent Public
Works Department,
4., Submit and receive City approval of plans,for the.onsite water, sewer, and
stormwater utilities, access driveways, recreation facilities, grading,
erosion control, paving, landscaping, and other site improvements,
consistent with Kent City Code and Kent Design and Construction
Standards or as established in a binding development agreement.
5. The applicant shall pay all transportation impact fees, school impact fees,
parks mitigation fees, Storm Water Utility connection fees, and any other
mitigation fees applicable by code or as detailed in a binding development
agreement.
C. Prior to City acceptance of public infrastructure in1Qrayempnte the.
day lIgRer/ subdiVider shall dedicate the regMired r ght of wav and
grant the public and private easements covenants and agreements
for any constructed public-improvements
Page 2 of.3
Instrument Number: 2018031400084- Document:AG Rec: S174.00 Page-18 of 101
Record Date:3/14/2018 2:32 PM King County,WA
Approval Memo
Riverbend Short Plat
SP-2017-1; KIVA #RPS5-2170221
RECORDING
The above conditions must be met before the short plat can be finalized and recorded.
Please refer to City of Kent Final Short Subdivision Application. The short plat does not
become effective until such time it is recorded with the Kfng County Auditor's Office. You
have forty-eight months in which to do this. If the short plat is not recorded within forty-
eight months of the above date of approval, it shall become null and void.
APPEAL OF SHORT SUBDIVISION COMMITTEE DECISION (KCC 12 04 1901
The decision of the short subdivision committee shall be final, unless an appeal by a party
of.record is made to the hearing examiner within fourteen (14) calendar days after the
short subdivision committee's decision. The appeal shall be In writing and shall be
processed pursuant to chapter 2,32 and 12.01 KCC.
The decision of the hearing examiner shall represent final action of the city and is
appealable only to the superior court. Such appeal must be filed with the superior court
withi twenty-one (21) calendar days from the date the decision was Issued.
Mky 104 �1'}
Math Gilbert, AICP, Current Planning Manager Date
Chair, Short Subdivision Committee
JG:as\S:lPermit�Plankshortptats1201712170221sp-approval-Riverbend Short Plat.doc
cc, Matt Gilbert, Planning
Sharon Clamp, Planning
Katie Graves, Planning
Kevin Varao, Fire Prevention
Brennan Taylor, Development Engineering Manager
Tom Brubaker, City Attorney
Brian Levenhagen, Parks and Planning
Jack Ottini, LUPB
Pete Peterson, Golf Operations Superintendent
Jessica Clawson, Contact
Brett Jacobsen, Applicant
John McKenna, Parties of Record
Riverbend Golf Task Force, Parties of Record
Riverbend Men's Club, Parties of Record
Riverbend Ladies Golf Association, Parties of Record
First Tee of Greater Seattle, Parties of Record
Douglass Youth Golf Club, Parties of Record
Par 3 Golf Course, Parties of Record
Phil and May Ann Hopkins, Parties of Record
Helen Owens, Parties of Record
Page 3 of 3
Instrument Number: 20180314000845 Document:AG Rec: S174.00 Page-19 of 101
Record Date:3/14/2018 2:32 PM King County,WA
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING SERVICES
Matt Gilbert, AICP, Current Planning Manager
KEN T Phone: 253-856-5454
Fax: 253-856-6454
w n s!1 I M O T O M Address: 220 Fourth Avenue S
Kent, WA 98032-5895
STAFF REPORT FOR
SHORT SUBDIVISION COMMITTEE
MEETING OF MAY 4, 2017
FILE NO: RIVERBEND SHORT PLAT
SP-2017-1; KIVA #RPSS-2170221
APPLICANT: Brett Jacobsen
FNW, Inc.
2711 West Valley Hwy N #200
Auburn, WA 98001
Jessica Clawson (Agent)
701 51h Ave, #6600
Seattle, WA 98104
jclawsonCd)mhseattle.com
REQUEST: The applicant proposes to subdivide one 24-acre
parcel into eight separate lots. The City is in the
process of reviewing a proposed development whereby
the par 3 golf course and concessions building will be
removed and replaced with a mixed-use development.
The three new lots located at the eastern portion of
the site would continue to be owned by the City and
occupied by the current City park facility. This short
plat covers only platting of the property and does not
include any proposed development. The property is
zoned GC-MU, General Commercial - Mixed Use.
PLANNER: Jason Garnharn
STAFF
RECOMMENDATION: Approval with conditions
I. FINDINGS OF FACT
A. The applicant proposes to subdivide one 24-acre parcel into eight
separate lots. The project is located at 2030 West Meeker St., and is
identified as King County parcel number 2322049011.
Instrument Number: 20180314000845 Document:AG Rec: S174.00 Page-20 of 101
Record Datc:3/14/2018 2:32 PM King County,WA
Staff Report
Rlverbend Short Plat
SP-2017-1 KIVA #2270221
B. The subject property is currently owned by the City of Kent. The
western portion of the subject property Is developed with a par 3 golf
course facility and a concessions building. The eastern portion of the
subject property Is developed with a golf driving-range.facility, a mini
golf facility, and an accessory concessions and shelter building. It is
anticipated that the par 3 golf course and concessions building at the
western portion of the property will be demolished and replaced by a
mixed use development. The driving range, mini golf, and associated
shelter building will remain and continue to operate as a City park
facility.
C. Rezoning and subdivision of the property and sale of the Par 3 golf ,
course portion of the site as a City surplus property was evaluated by
the City through completion of a SEPA environmental checklist in 2014
(ENV-2014-22). A Determination of Nonsignificance was issued by the
City's SEPA official on July 19, 2014. The Kent City Council voted to
approve the rezoning of the site in preparation for future surplus and
sale of the Par 3 golf course during the regularly scheduled meeting on
August 19, 2014. The short plat is a categorically exempt action under
SEPA, although the SEPA analysis for the property surplus and
rezoning of the site also contemplated an eight-lot short plat. Future
development as well as any development agreement will undergo a
separate SEPA analysis
D. The property is zoned GC-MU, General Commercial - Mixed Use. The
GC-MU zoning district allows residential uses when located within a
mixed use development and has a required minimum lot area of
10,000 square feet.. The proposed short subdivision complies with the
minimum lot area requirements as follows:
Lot # Area (S.F.)
1 80,667
2 512,115
3 76,002
4 344,667
5 104,272
6 320'788
7 35,487
8 95,924
E. The site is adjacent to the Green River, a shoreline of statewide
significance, and all parts of the site located within 200 feet of the
ordinary high water mark of the Green River are within shoreline
jurisdiction'. Development within the shoreline jurisdiction area is
subject to the regulations of the City of Kent Shoreline Master
Program,
Page 2 of 14
instrument Number: 20180314000845 Document:AG Rec: S174.00 Page-21 of 101
Record Date:3/14/2018 2:32 PM King County,WA
Staff Report
Riverbend Short Plat
SP-2017-1 KIVA#2170221
The shoreline environmental designation of the portions of the site that
are within shoreline jurisdiction is Urban .Conservancy. - Open Space.
The purpose.of the .Urban Conservancy Open Space environment is
to protect and restore ecological .functions. in urban `and developed
settings while allowing public access and a variety of park and
recreation. uses. Subdivision of land is permitted within the .Urban
Conservancy - Open Space shoreline .environment only where it is
determined by the City:to be for a public purpose:
Conceptual . development plans submitted with the short plat
applicatlon demonstrate. that development of the proposed lots -1n
accordance with the shoreline master program regulations is feasible.
All of the . lots in the proposed short plat contain _ substantial
developable area that is more than- 200 feet from the OHWM of the
Green River and, thus, outside of the shoreline jurisdiction:. Any
facilities to be developed within . the shoreline area shall be. .in
accordance with the shoreline master program.
Review and approval of.a Shoreline Substantial Development Permit
application will. be required prior to construction of any improvements
within the shoreline jurisdiction area.
F. The -City of Kent GMA Comprehensive -Plan Land Use Map, designates
the property.as.MU Mixed Use.. The MU designation.allows retail, office,
and-multifamily residential.uses together in the same area,. provided
that residential development must be a component of a retail or office
development. The .zoning designation. and the Comprehensive Plan
designation are consistent.
G. As required by KCC 15.09..045, development on the proposed lots is
subject to downtown design review and will require submittal and
approval by the:City.ofa Downtown .Design Review application.
N. Development on the proposed lots Is. subject to the lot coverage
limitations and the front, side, and rear yard setbacks required by KCC
15.04.200 for.the GC-MU zoning district.
L. A King County Metro bus stop_serving. four- bus routes is located
adjacent to the property on Meeker St. Relocation or.construction of
Improvements such as an ADA landing pad extension and a concrete
shelter foundation may be required in conjunction with adjacent.right-
of-way improvements. Coordination with King County Metro staff will
be required during civil construction permit.review.J. Primary access from the five newly created lots.is anticipated .to be
from new-private driveways connecting-to West-Meeker St. at two new
access points.. West Meeker Street is .classified as a Minor Arterial in
the City of Kent Transportation-Master Plan. The existing access to the
Page 3 of 14
instrument Number: 20180314000845 Document:AG Rec: $174.00 Page-22 of 101
Record Date:3/14/2018 2:32 PNI King County,WA
Staff Report
Rive bend Short Plat
sP-2011-1 KIVA #2170221
Colony Park Apartments. from W. Meeker St. will remain within its
existing easement across the proposed Lot 5. Lots 6, 7, and 8 will
remain as currently developed City of Kent Parks and Recreation
facilities and continue to access West Meeker St. via. existing
driveways.
K. The existing asphalt pavement section of the adjacent portions of West
Meeker St may be inadequate to provide an expected 20-year service
life and may be in need of an asphalt overlay/rebuild in order to
maintain an acceptable level of service while accommodating the
increased volume of trips being generated by this proposal. The
adjacent section of West Meeker St is not constructed to current
design standards. The developer may be required to overlay/
reconstruct the pavement along this frontage to provide a 20 year
- service life as required by the Design and Construction Standards.
L. The City of Kent is currently establishing revised design standards for
the West Meeker Street corridor that seek to promote a broader mix
and higher intensity of land uses and improve safety and
attractiveness for pedestrians along the portions of West Meeker
Street between the Green River and downtown Kent. While these
standards have not yet been finalized or adopted, the developer will be
required to install street improvements in the West Meeker St. right-
of-way adjacent to the development substantially in conformance with
these plans.
M. An existing multifamily residential development known as the Colony -
Park Apartments is located within the site of the proposed short plat
and Is identified as a separate King County Assessor parcel numbered
1699950000. The existing driveway access for the apartment complex
Is located outside of the access easement area identified in the title
report provided by the applicant. Future relocation of the easement or
the access driveway shall be negotiated and agreed upon by the
applicant and the owners of the Colony Park Apartments.
N. The portion of the Green River Trail located on the subject site is a
public`recreation facility that is currently owned and maintained by the
City of Kent Parks and Recreation Department.. Plans submitted with
the preliminary short plat application show this portion of the Green
River Trail to be in private ownership where it lies within the proposed
Lots 2, 4, and 5. City of Kent Parks and Recreation Department staff
requested that the Green River Trail and its vicinity be placed in a
separate Tract to establish clear City ownership of and public access to
this recreation facility.
O. Portions of the Green River levee, a City of Kent facility designed and
constructed to minimize flooding of developed areas by the Green
River, are located on the subject site. The City of Kent Public Works
Page 4of14
instrument Number: 20180314000845 Document:AG Rec: S174.00 Page-23 of 101
Record Date:3/14/2018 2:32 PM King County,WA
Staff Report
Riverbend Short Plat
SP-2017-1 KIVA #2170221
department is responsible for maintaining the levee in cooperation
with the King County Flood Control District. Kent Public Works staff
stated that portions of the levee located on the subject site will be
raised to a 500-year flood protection level at an undetermined time in
the future, and requested that the levee and its vicinity be placed in a
separate tract or easement establishing City rights to or reserving City
ownership of the levee and its vicinity to access, maintain, or
reconstruct the levee.
P. A water capacity analysis conducted by PACE engineering, consultants
for the City of Kent, found that the existing water supply may be
inadequate to serve the anticipated mixed use development. Provision
of water supplies that are adequate for fire suppression and the needs
of any development of the site shall be. demonstrated prior to final
short plat approval.
Q. The following departments and agencies were notified of this short
subdivision application:
City Departments/Agencies
Public Works Department
Fire Department
Parks and Recreation Department
Economic Development
City Attorney
City Clerk
Police Department
Law Department
Other Agencies
Puget Sound Energy
CenturyLink
King County Environmental Health
Public Health Seattle/King County
King County Wastewater Division
Kent School District
U. S. Postal Service
King County Transit Division
Washington State Department of Ecology
State Office of Archaeology.& Historic Preservation.
Muckieshoot Tribe
Duwamish Tribe
U.S Army Corps of Engineers
Washington Department of Fish and Wildlife
Washington State.Department of Transportation
Page 5 of 14
Instrument Number: 20180314000845 Document:AG Rec: S174.00 Page-24 of 101
Record Date:3/14/2018 2:32 PM King County,WA
Staff Report
Riverbend Short Plat
SP-2017-1 KNA #2170221
Parties of Record affiliated with the Riverbend Golf Course and
associated organizations:
RIVERSEND GOLF TASK FORCE:
Michael Johnson, mwgolfjohnson@aol.com
Brayden Siems, BLaAen.scialq@gmall.com
Mary Ryan, marypatryanCdcomcast net
Pete Petersen, nmtemen(a�kentwa.gov ..
Rhtelcb-and M = Club:
David Fairbairn, uspslc18@comcast.net
Brian Boyle, Brian.boyle@dcgone.com
Paul Lucien, paulgolf72@msn.com
Riverbend Ladies Golf Association:
Kathy Kay, golf4two@comcast.net
June Secreto, rjsecreto@comcast.net
First T of Greater Seattle:
Evan.Johnsen, evan@thefirstteeseattle.org
Jared Myers, jaredmmyers@comcast.net
Doualass Youth Golf Club:
Larry Tukes, L.tukes@comcast,net
Par 3 Golf Course;
Ed James, ed.james@comcast.net
In addition, property owners within 200 feet of the proposed short plat
were notified of the proposal via the official Notice of Application,
which was mailed, published and posted on the site on January 27,
2017.
Verbal comments were received from Mary Ann Hopkins, resident and
property manager of the Colony Park Apartments located between lots
4 and 5 of the proposed short plat. Mrs. Hopkins expressed concern
about the visual impacts from development and the potential Impacts
on privacy and security for residents of Colony Park Apartments. She
also expressed concern that development might lead to an Increase In
traffic on West Meeker St, and that the number of drivers using the
Colony Park Apartments driveway might also increase.
Any proposed development will be required to provide perimeter and
parking lot landscaping and fencing meeting the requirements of KCC
15.07 and the Downtown Design Guidelines, which will minimize the
visual and privacy Impacts to the Colony Park Apartments residents of
development. Retention of the existing mature trees located along the
western perimeter of the Colony Park Apartments property would
further buffer development from existing residents.
Closure of the existing access between the par 3 golf course
concessions building and the Colony Park Apartments driveway and
adding new access points to connect West Meeker St with any
Page 6 of 14
Instrument Number: 2018031 a000845 Document:AG Rec: S174.00 Page-25 of 101
Record Date:3/1 4/2018 2:32 PM King County,WA
Staff Report
Riverbend Short Plat
SP-2017-1 IQVA#2170221
proposed development would limit the number of drivers using the
Colony Park Apartments driveway. Frontage landscaping, signage, and
roadway improvements would demarcate any new development and
prevent confusion for drivers entering the site.
R. As required by Section 12.04.180 KCC the City shall not approve a
short subdivision unless the appropriate provisions have been made
for the following areas:
1. Public health, safety and general welfare of the community:
As proposed, the public health, safety, and general welfare of
the community are protected and provided for by compliance
with all relevant development regulations pertaining to this
application for a short subdivision. By implementation of all
required development regulations, the applicant for any
development will provide a safe, orderly and beneficial
development.
Development on the proposed lots as shown on the conceptual
plans provided with the short plat application will have
incremental impacts on public facilities and services. The
applicant for any development on these lots will be required to
pay all transportation impact fees, school impact fees, parks
mitigation fees; Storm water Utility connection fees, and any
other mitigation fees applicable by code or as detailed in a
binding development agreement.
2. Protection of environmentally sensitive lands and habitat:
Portions of the proposed short plat are adjacent to the Green
River and are within the Shoreline Master Program jurisdiction
area. Impacts to the Green River and shoreline area are
anticipated to be minimal, as conceptual development plans.
provided with the preliminary short plat application show the
anticipated buildings, streets, and parking areas to be located
more than 200 feet from the ordinary high water mark of the
Green River, outside of the shoreline jurisdiction area and
landward of the Green River levee, which was reconstructed In
2008. The conceptual development plans, that the applicant
submitted with the short plat application show construction of
trails and associated parking areas connecting development and
the public sidewalk on, W. Meeker St. to the Green River Trail
within the. shoreline jurisdiction area. Any such improvements
shall be designed and constructed in accordance_with the
Shoreline Masten Program and will require City review and
approval of a Shoreline Substantial Development Permit.
Page 7 of 14
Instrument Number: 20180314000845 Document:AG Rec: SI 74.00 Page-26 of 101
Record Date:3/14/2018 2:32 PM King County,WA
Staff Report
Riverbend Short Plat
SP-2017-.1 KIVA #2170221
3. Potable water supplies:
The owner/subdivider will be responsible for providing potable
water to development on Lots 1-4 and any future development
on Lot 5. This will require the abatement of any wells located
on the site in accordance with Department of Ecology standard
procedures. The site Is served by Kent Public Works and water Is
avallable to serve the new development. Lots 6, 7, and 8 are
already developed with City of Kent parks facilities, for which
adequate water is already provided.
4. Sanitary wastes:
The owner/subdivider will be responsible for providing public
sewer to development on newly created lots 1-4 and any future
development on Lot 5. Any existing septic systems shall be
abandoned in accordance with King County Health Department
regulations. Sanitary sewer Is available to the site via
connection to the King County Metro sewer trunk line. An
extension of a City sewer main connecting to the King County
Metro sewer main will be required for development plan
approval. Lots 6, 7, and 8 are already developed with City of -
Kent parks facilities, for which adequate sewer service is already
provided.
5. Other public utilities and services as deemed necessary:
The owner/subdivider shall be responsible for providing
electricity, natural gas, telephone, cable and other applicable
utilities and services to development on newly created Lots 1-4
and any future development on Lot 5. The applicant is
responsible for contacting each agency separately for more
information. Lots 6, 7, and 8 are already developed with City of
Kent parks facilities, for which adequate utilities and services
are already provided.
Water supply may be inadequate to provide required fire
suppression. The applicant shall demonstrate that adequate fire
flow will be available to serve any proposed development on the
site per the applicable fire codes. This analysis will be provided.
In conjunction with review of civil construction permits.
6. Drainageways and stormwater detention:
Surface water runoff from the site drains to the Green River
Natural Resources :Area, an existing City regional stormwater
facility which will provide flow control and water quality
treatment from the development of lots 1-5 as shown on the
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conceptual development plans submitted with the preliminary
short plat application. A downstream analysis conducted by
Anchor Environmental Consultants concluded that the
downstream conveyance systems north of West Meeker Street
have the capacity to receive the-runoff that is anticipated from
the development shown on the conceptual plans submitted with
the preliminary, short plat application. Detention and filtration of
stormwater on-site may be required due to the limited capacity
of conveyance facilities located along West Meeker Street.
Roof downspouts for each roofed structure (house, garage,
carport, etc.). will be diverted to a Roof Downspout Control
meeting the requirements of Section 5.1 of the 1998 Surface
Water Design Manual or as directed by the City's Development
Review.Manager. These roof downspout controls shall include
overflow pipes connected to an approved stormwater flow
control facility, or a dispersion system If no formal flow control
facility exists or is required.
7. Community parks and recreatlon; nelghborhood tot lots and
play areas:
Kent City Code section 12.04.060 requires development of
onsite recreation space or payment of a fee in lieu of
development of recreation space within all subdivisions located
in single-family residential zones to mitigate the impacts of new
development upon existing parks and recreation facilities. The
proposed short plat is located. In a GC-MU general commercial -
mixed use Zoning district, which is not a single family zoning
district. Therefore, this requirement shall not apply to this short
plat.
The Green River Trail is an existing City of Kent Parks and
Recreation facility. Those portions of the Green River Trail
located .on the proposed Lots 1-5 shall remain a City-owned and
maintained public facility. Recording of an easement or creation
-of a separate tract establishing City rights to or reserving City
ownership of the Green River Trail will be required prior to
recordation of the short plat or prior to issuance of permits for
construction. The conceptual development plans that the
applicant submitted with the preliminary short plat application
show three new pedestrian and bicycle trail.facilitles connecting
the development and the sidewalk on West Meeker St to the
Green River Trail.
S. Schools and school grounds:
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The subject property is within the boundaries of the Kent School
District. Pursuant to Kent City Code Section 12.13, a school
impact fee will be collected for each residential unit within any
development. School impact fees are assessed upon submittal of
building construction permits for each building, to be collected
upon permit issuance.
9. Transit stops:
The vicinity of the project site is currently served by the King
County Department of Metropolitan Services (METRO). The
nearest bus stop is located on W. Meeker St, immediately
adjacent to the northern portion of the subject property. The
applicant shall coordinate with King County Metro to determine
if improvements are needed to the existing bus stop such as an
ADA landing pad extension behind the sidewalk and/or a
concrete shelter foundation for Metro's installation of an official
Metro bus shelter. If any of the improvements requested by
Metro are to be constructed, construction plans shall show these
Improvements, and the applicant for development shall
construct the improvements in conjunction with any civil
construction permit.
10. Connectivity of sidewalks, pedestrian pathways, traffic calming
features and devices, and other features that assure safe
walking conditions within and between subdivisions and
neighborhoods for residents and students who walk to and from
schools, parks, transit stops and other neighborhood services:
The existing sidewalk along the property's frontage on the south
side of West Meeker St shall be removed along the proposed
Lots 1-5 and replaced with a multi-use path, providing
pedestrian connectivity for Lots 1-5 along the south side of West
Meeker Street. The existing sidewalk on the south side of W.
Meeker St. located along the proposed Lots 6-8 will continue to
provide pedestrian connectivity for the three eastern lots of the
proposed short plat and the existing City of Kent Parks and
Recreation facilities. Development of new trail connections to
the Green River Trail would provide additional connectivity and
safety for bicyclists and pedestrians.
11. Connectivity of streets, alleyways and other private and public
ways for vehicular and pedestrian circulation and access in and -
between subdivision and neighborhoods, where feasible:
New development shall provide access to West Meeker St: per
City Design and Construction Standards at the time of
development plan review. Further connectivity to other public
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streets is infeasible because the site of the proposed
development is bound on the west and south by the Green River
and bound on the east by the Colony Park Apartments
development.
Proposed Lot 4 does not have direct access to.West Meeker St.
Access easements or tracts providing connectivity for all .lots in
accordance with City Design and Construction Standards shall
be shown on plans for final short plat approval.
12. Building lots and street access configured to support the
construction of homes with diminished garage doors such that
no less than r fifty (50) percent of the new lots will support
construction of and access to a garage in the rear portion of the
lot accessed via a common driveway between lots; or.a side
access garage; or a garage accessed via a near alley; or a
garage setback no less than ten (10) feet from the front fagade
of the home; or other design strategies which similarly diminish
the prominence of the garage and are approved by the planning
manager:
Development on the proposed lots is subject to the development
standards for mixed use development in GC-MU zoning districts,
and is also subject to Downtown Design Review per KCC
1-9.09.046. The diminished garage requirement applies only to
single family residences.
13. Landscape buffering along all frontage streets of the subdivision
that do not provide the new lots with direct vehicular access:
A minimum of five feet of Type III landscaping is required along
the perimeter of properties in GC zoning districts along the
frontage of an abutting street. Development shall also comply
with other landscaping requirements of Kent City Code and the
Downtown Design Guidelines:
Lots numbered 6, 7, and 8 are proposed to'remain in City of
Kent Parks and Recreation Department ownership. Lots 6 and 7
will remain developed in their present condition and continue to
operate as golf driving range, mini golf, and concessions
facilities. Lot 8 is proposed to remain vacant and undeveloped.
Perimeter landscaping as required by Kent City Code. will- be
provided at the time of future development of this property prior
to issuance of construction permits.
II. CONCLUSIONS
.The City of Kent has reviewed the. Riverbend Short Plat *SP-2017-1 and
concludes the following;
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A. Zoning Code Compliance
All lots comply with the minimum lot size requirements, and other
regulations pursuant to the GC-MU General Commercial Mixed Use
zoning district.
B. Subdivision Code Compliance
Section 12.04.180 of the Kent Subdivision Code sets forth criteria for
approval of a short subdivision. Based on the findings of fact detailed
in Section I and in conjunction with the conditions specified in Section
III, the application will conform to the criteria set forth in Section
12.04.180 KCC and RCW 58.17.
C. State of Washington Growth Management Act
Compliance with City of Kent's 'Public Works Ordinance' and the State
of Washington's Growth Management Act will require concurrent
improvements or the execution of binding agreements by the
owner/subdivider with the City of Kent, for participation In future.
public Improvement projects of roadways, pedestrian and bicycle
circulation systems, intersection and intersection traffic signals,
stormwater , detention, stormwater treatment, and stormwater
conveyance, utility, sanitary sewage, and domestic potable water
systems.
Additional incremental, but cumulatively significant, impacts will be
created to stormwater quantity, stormwater quality, stormwater
detention and conveyance facilities, utility transmission facilities,
sanitary sewage and domestic potable water conveyance systems.
D. Comprehensive Plan
The City of Kent has adopted a revised Comprehensive Plan pursuant
to the Growth Management Act (Ordinance #4163 dated September
2015). The goals and policies of the Comprehensive Plan represent an.
expression of community intentions and aspirations concerning the
future of Kent and the area within the potential annexation area. The
Comprehensive Plan is used by the Mayor, City Council, Land Use and
Planning Board, Hearing Examiner and City departments to guide
decision-making relative to development and capital facility spending.
The proposed short plat is located near. existing urban services and
Infrastructure. The City.supports the development of close-in vacant or
underdeveloped properties which limits further urban sprawl on the
edges of the planning area. In addition, in-fill development provides-a
more efficient means of providing services and enhancing pedestrian
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mobility. Also, one of the objectives of the Comprehensive Plan is to
provide a wide variety of housing types and opportunities to
accommodate projected population growth without converting. single
family lands to multifamily residential. Development of a mix of
commercial and residential uses on general commercial mixed use
zoned land is consistent with this objective.
E. Shoreline Master Program
Land subdivision is -permitted within the Urban Conservancy-Open
Space shoreline designation where the City determines that it is for a
public purpose.-Portions of the proposed short plat are adjacent to the
Green River and are within the Shoreline Master Program jurisdiction
area. The Kent City. Council voted to approve the surplus of the
property and rezoning of the site by adopting Ordinance 4120 during
Its regularly scheduled meeting on August 19, 2014. The City proposes
to use the proceeds of the sale of the par 3 course to supplement or
add value to the 18-hole Riverbend course, which is a public course.
Additionally, a condition of approval of this preliminary short plat
requires recording of an easement or creation of a separate tract or
parcel establishing City rights to or reserving City ownership of the
Green River Trail.
The applicant will be required to submit and receive City approval of a
Shoreline Substantial Development permit application complying with
the requirements of the City of Kent Shoreline Master Program for any
development proposed within 200 feet of the ordinary high water mark
of the Green River.
III. DECISION
Staff recommends approval of the Riverbend Short Plat #SP-2017-1 with the
following conditions. These conditions shall be in addition to any other
conditions imposed by the Short Plat Committee.
A. Prior to Recording this Short Subdivision
1. The subdivider shall pay all known Charges in Lieu of Assessments
and/or Latecomer Fees, if any.
2. The applicant shall demonstrate that adequate water supply will be
available to provide the utility and fire suppression needs for any
proposed development.
3. The applicant shall submit. a final short plat map and conceptual
development plans showing the following details:
a) The Green River Trail and its vicinity placed in a separate
tract, parcel, or easement that clearly expresses the right and
responsibility for accessing and maintaining the facility and its
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environs by the City of Kent Parks and Recreation Department
and for recreational use of the facility by the public.
b) The levee and Its future 500-year flood protection level placed
in a separate tract, parcel, or easement that clearly expresses
the right and responsibility for accessing, constructing, and
maintaining it by the City of Kent Public Works Department
and the King County Flood Control District.
B. Prior to the issuance of a Construction Permit on any lot in this short
_wbd&lsion, the—swbdivider shall:
1. Establish the necessary property rights to construct improvements
on Lots 1-5 of the proposed short plat as contemplated in City-
approved construction plans.
2. Record the short plat.
3. Submit and receive City approval of Street Improvement Plans for
West Meeker Street as discussed in Section I.I, above, and as
detailed in a binding development agreement or as approved by the
City of Kent Public Works Department.
4. Submit and receive City approval of plans for the onsite water,
sewer, and stormwater utilities, access driveways, recreation
facilities, grading, erosion control, paving, landscaping, and other
site improvements, consistent with Kent City Code and Kent Design
and Construction Standards or as established In a binding
development agreement.
5. The applicant shall pay all transportation impact fees, school impact
fees, parks mitigation fees, Storm Water Utility connection fees,
and any other mitigation fees applicable by code or as detailed in a
binding development agreement.
C. Prior to City acceptance of public infrastructure improvements. the
developer/ subdivider shall dedicate the required right-of-way and
rant the public and private easements covenants and agreements
for any constructed public improvements
KENT PLANNING.SERVICES
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DEVELOPMENT AGREEMENT ATTACHMENT 3.
MARQUEE ON MEEKER
INTERIOR.DESIGN DETAILS
The project will provide a selection of high quality interior materials and finishes
that residents expect In this elevated market segment. FNW is committed to
presenting Marquee on Meeker as a unique opportunity for renters to surround
themselves in modern, sophisticated and durable interiors.
The project interior finish package will include premium wood cabinets, stainless
steel appliances, quartz/granite countertops; under-mount stainless steel sinks, and
pendant lighting above the bar in the kitchen. All units will include a washer and
dryer and have painted millwork throughout. Vinyl plank flooring will be used in the
kitchens, bathrooms and living rooms and bedrooms will be carpeted.
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ATTACHMENT 4
Approved Project Phasing Plan
(See Attached)
J
siMMs r
ATTACHMENT 4
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DEVELOPMENT AGREEMENT ATTACHMENT 4
MARQUEE ON MEEKER
PROJECT PHASING PLAN
The Marquee on Meeker ("Project") will be constructed and developed in accordance
with the timing established in this attachment, unless unforeseen circumstances
outside the Project developer's control cause delays.
1. The Project construction and development phases are shown on page two of
this Attachment 4.
2. "Civil Infrastructure" will include all "Meet Me on Meeker"frontage
improvements, all public and private utility main distribution lines on both
Phase I and Phase II, connection to the Green River Trail at the northwest
comer of the property, and all Phase I and II base roadbeds.
3. Construction of all civil infrastructure for both phases I and II will start at the
beginning of Phase I construction and all Phase I and Phase Ii civil
Infrastructure will be completed by the Phase I completion date.
4. Phase I construction will begin no later than July 1, 2018, though the Project
developer intends to begin, If possible, two to three months earlier.
5. Phase II construction will begin within twelve months of completion of Phase
I.
1
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ATTACHMENT 5
REQUIRED MAJOR PUBLIC INFRASTRUCTURE(AS PER SECTION 3YIMPACT FEES
(AS PER SECTION 6(d))
1. Major Public Infrastructure (Section 3).
• Water: 12"public water main loop through the site connecting to existing 16"steel water
main in Meeker Street(note: This water main extension will provide 2100 gpm. If fire
flow demands are more than 2100 gpm,additional public water main extensions will be
necessary)
• Sewer: Connection to the King County Metro trunk line in Meeker Street as
allowed/required by King County. The public portion of the system will be from the
Metro tie-in to the first Manhole. Sewer extensions on-site to serve the buildings within
the development will be privately owned and maintained.
• Storm Drainage. On site stone water system will connect to the 36-inch diameter public
drainage system on the north side of Meeker Street. Pipes and structures installed within
the Meeker Right-of-Way will be owned and maintained by the city. Storm Drainage
infrastructure extensions on-site will be privately owned and maintained.
• Frontage improvements to Meeker Street(including streef lighting,median landscaping
within Meeker and raised crosswalk and appurtenances)as described in more complete
detail in Section 6(b)of the Development Agreement. Execution of a limited street
license is required for private improvements located within the right-of-way. Right-Of-
Way dedication for the frontage improvements is required along the eastern portion of the
Marquee-on Meeker frontage.
• Pedestrian connection from the path on Meeker Street to the Green River trail: As
defined in Section 16 of the Development Agreement.
2. Proiect Impact Fees (Section 6(2)).
• Fire: Project is vested to fire impact fees in effect as of the effective date of this
Agreement to extent allowed by law.
• Schools: Project is vested to school impact fees in effect as of the effective date of this
Agreement to extent allowed by law.
• Transportation: The total Transportation Impact Fee(TIF)due for the Project is
$761,837.83,plus a one percent(I%)administrative fee. Developer has agreed to
construct the MMOM improvements as a public benefit. In consideration of this public
sinus,i
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benefit,a portion of the cost of the MMOM improvements shall be offset by a TIF credit
in the amount of$500,000. Specifically,the City agrees that the TIF credit of$500,000
is in consideration of the MMOM improvements that would apply to reduce the cost of
future construction of Project W-12 on the City's adopted TIF regulations.
536213511
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ATTACHMENT 6
FORM OF LIMITED STREET USE LICENSE
FOR PARKING IN MEEKER STREET RIGHT OF WAY
(See Attached)
s�saaraaa
ATTACHMENT 6
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LIMITED LICENSE BETWEEN THE CITY OF KENT AND
MARQUEE ON MEEKER LLC ,
PARTIES
THIS LIMITED LICENSE ("License") is dated for reference purposes as of
201_, and is between the CITY OF KENT, a
Washington Municipal Corporation ("City"), and MARQUEE ON 'MEEKER LLC, a
Washington limited liability company ("Licensee").
RECITALS
1. Licensee seeks to install several right-of-way improvements at its
Marquee on Meeker development in the City of Kent.
2. Licensee has requested that the City grant a permit to use City right-
of-way to install and maintain these improvements and to undertake responsibility
and liability for any negligent performance of the same.
3. The City has agreed to issue this license pursuant to the following
conditions.
NOW, THEREFORE, THE CITY AND LICENSEE AGREE AS FOLLOWS:
LICENSE
1. License Granted. The City grants ,this .License ("License") for a
period of ten (10) years from the Effective Date.(the "Term") for Licensee to install,
maintain, operate, use, repair, replace and remove landscaping, sidewalk paving,
ADA ramps, parking facilities, and other fixtures and amenitles at the Marquee on
Meeker development ("Project") across, along, in, upon, and under a section of the
City's right-of-way described in Exhibit A (the "Licensed Property"). City and
Licensee agree that this License shall automatically renew at the end of the Term
for successive ten.(10) year periods until this License is terminated as provided In
Section 3 below. A general description and visual representation of the plans and
specifications- for the landscaping, sidewalks, ADA ramps, parking and other
improvements, and related fixtures and amenities, for the Project is attached as
Exhibit B ("Improvements"). This License is subject to all the terms and
conditions established below.
2. Damage to Property and Restoration. Licensee shall repair any
damage to City-owned property (Including but not limited to the Licensed Property)
caused by the installation, construction, operation, maintenance, removal, repair,
reconstruction, replacement, use, and inspection of the Improvements. Upon
revocation, termination, or expiration of this License, the Improvements. shall
remain as constructed and be available for use by the public.
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ATTACHMENT
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3. Revocation and .Termination. The intent of this License is to
authorize Licensee to Install, maintain, operate, use, repair, replace and remove the
Improvements on the Licensed Property, which is City right-of-way, and which
right-of-way constitutes a valuable property interest owned by the City. This
License does not grant an estate in the land described as the Licensed Property; it
is not an easement; it is not a franchise; It is not exclusive; and it does not exclude
the City from full possession of the Licensed Property. As a License upon real
property, It is revocable; provided, however, that pursuant to the terms of the
Development Agreement between City and Licensee concerning the Project dated
as of (the "Development Agreement"), City agrees not to revoke
or otherwise terminate the License as long as any of the multifamily improvements
for the Marquee on Meeker development as described in the Development
Agreement are under construction or exist at the Project and the Licensee is not In
default with respect to any of its duties or obligations herein or in the Development
Agreement (the "Project Duration Period"). City shall provide Licensee with at least
thirty (30) calendar days' written notice of termination or revocation. Following a
revocation or termination of this License pursuant to this Section 3, Licensee waives
any right it may have to any claim for damages of any kind incurred as a result of
the City's removal of all or part of the Improvements
4. Permits Required. The City's grant of this License does not release
Licensee from any of its obligations to obtain and comply with all applicable local,
state, and federal permits -necessary to install,- construct, operate, maintain,
remove, repair, reconstruct, replace, use, and inspect the Improvements.
Licensee's failure to comply with this Section 4 shall constitute grounds for
revocation by the City, if Licensee does not promptly cure its noncompliance
following written notice from the City of such noncompliance.
5. Maintenance. Licensee shall operate and maintain the Improvements
and the Licensed Property during and after construction in a clean, well-kept,
orderly and safe condition in accordance with City standards. Licensee shall
promptly make repairs at Licensee's cost, as necessary, to ensure the
Improvements and the Licensed Property are kept in good condition In accordance
with City standards. The City's satisfaction under this Section 5 shall in no way
affect Licensee's duties as set forth in Section 1.
6. Emergency. In the event of any emergency 'in which any portion of
the Improvements breaks, becomes damaged, or-in any other, way becomes an
immediate danger to the property, life, health, or safety of any individual, Licensee
shall immediately take the proper emergency measures to remedy the dangerous
condition without first applying for and obtaining a permit as required by this
License. However, Licensee shall notify the City of the emergency as soon as
reasonably possible and this emergency work shall not relieve Licensee from its
obligation to obtain all permits necessary for this purpose.
7. Indemnification. Licensee shall comply with the following
Indemnification requirements:
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7A Licensee shall defend, indemnify, and hold the City, Its officers,
officials, employees, agents, assigns, and volunteers harmless from any and all
claims, actions, injuries, damages, losses, or suits, including all reasonable legal
costs, witness fees, and attorney fees, arising out of or in connection with the
performance of any of Licensee's rights or obligations granted by this License,
Including maintenance activities, except to the extent caused by the sole or
concurrent negligence of, or the willful misconduct of, the City, its employees,
agents, contractors, or invitees.
7.2 The City's inspection or acceptance of any of Licensee's work
when completed shall not be grounds to avoid any of these covenants of
indemnification.
7.3 These indemnification obligations shall extend to any claim,
action or suit that may be settled by compromise, provided that Licensee shall not
be liable to indemnify the City for any settlement agreed upon without the consent
of Licensee; however, if .Licensee consents to the agreed upon settlement, the
Licensee shall indemnify and hold the City harmless as provided for in this Section 7
by reason of that settlement. Moreover, if Licensee refuses to defend the City
against claims by third parties when required to ,do so under this Section 7,
Licensee shall indemnify the City regardless of whether the settlement of such
claims is made with or without Licensee's consent.
7.4 In the event that Licensee refuses to accept tender of defense in
any claim, action, or suit by a third party pursuant to this Section 7 and if
Licensee's refusal is subsequently determined by a court having jurisdiction (or
such other tribunal that the parties shall agree to decide the matter) to have been a
wrongful refusal, then Licensee shall pay all the City's costs for defense of the
action,:including all reasonable legal costs, witness fees, and attorney fees.and also
including the City's costs, including all legal costs, witness fees and reasonable
attorney fees, for recovery under this Section 7 indemnification clause.
7.5 The provisions of this Section .7 shall survive the expiration or
termination of this License.
S. Insurance. Licensee shall procure and maintain for, the duration of
this License, insurance of the types and in the amounts described below against
claims for injuries to persons or damage to property that may arise from or in
connection with the performance of the work-by Licensee. Licensee also agrees-to
require the same.coverage of its agents, representatives, employees, contractors,.
subcontractors, consultants, subconsultants,-or-assigns performing work under the
scope of this License.
8.1 Before beginning work on the project described in this License,
-Licensee shall provide a Certificate of Insurance-evidencing:,
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8.1.1 Automobile Liability insurance with limits. no less than
$1,000,060 combined single limit per accident for bodily injury and property
damage; and
8.1.2 Commercial_ General Liability insurance written on an
occurrence basis with limits no less than $2,000,000 combined single limit per
occurrence and general aggregate for personal Injury, bodily injury and property
damage. Coverage shall include but not be limited to: blanket contractual;
products/completed operations/broad form property damage; explosion, collapse
and underground (XCU); and employer's liability.
9.1.3 Excess Liabilitx insurance with limits not less than
$2,000,000 per occurrence and aggregate.
8.2 Any payment of deductible or self-insured retention shall be the
sole responsibility of Licensee.
8.3 The City shall be named as an additional insured on the ,
Insurance policy, as respects work performed by or on behalf of the Licensee and
shall make its endorsement available for inspection by the Licensor. Licensor
waives-no rights and Licensee is not excused from performance if Licensee fails to
provide Licensor with a paper copy of the endorsement naming the City as an
additional Insured.
8.4 Licensee's insurance shall contain.a clause stating that coverage.
shall apply separately to each insured against. whom claim Is made or suit is
brought, except with respects to the limits of the insurer's liability.
8.5 Licensee's insurance shall be primary insurance as respects the
City, and the City shall be given thirty (30) calendar days prior written notice
- electronically and by United States mail of any cancellation, suspension or material
change in coverage.
9. Modification. This License may not be modified, altered, or amended
unless first approved in writing by the City and by Licensee.
10. Assignment. Licensee shall not assign all or any portion of its rights,
benefits,. or privileges, In and under this License in violation of any term or
provision of the Development Agreement or any other agreement between City and
Licensee with respect to the Project and in any event without prior written approval
of the City, which approval will not be unreasonably withheld or delayed. Licensee
shall, no later than thirty (30) days prior to the date of any proposed assignment,
file written notice of: intent to assign the License with the City together with the
assignee's written acceptance of all terms and conditions of the License and
promise of compliance. Notwithstanding. the foregoing, Licensee shall have the
right, without such notice or such written acceptance, to (a) mortgage its rights,
benefits, and privileges in and under this License to any mortgage lender having or
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obtaining a lien on the Project,.,(b) assign all. of .the rights, .benefits, privileges,
duties and obligations..to (i) any subsidiary, -parent, affiliate or company having
common control with Licensee, or (ii) to-any successor in interest to Licensee as an
owner or tenant of all or any portion of the Project, so long as-such transferee,
assignee or successor assumes in .writing all of the duties and -obligations of
Licensee set forth herein and written notice of same is provided to the. City. From
and after. the la er of the date that.Licensee no longer owns any interest In the
Project or. the _ date _. that Licensee provides City with the written.
assignment/assumption -docurhents as required herein, Licensee shall have no
. responsibility for any obligations accruing after such date, and City shalt -look to
Licensee's successor(s) in interest for obligations of the Project.owner(s) accruing
after such date.
11. . Complian.ce with Laws. Licensee shall.comply with all federal, state,
and municipal laws, rules; and.regulations that are applicable to this License.
12. Venue and Jurisdiction. This License shall be construed in accordance
with the laws of the State of Washington. Venue and jurisdiction for the resolution
of disputes shall be in the Superior Court for King County, Washington.. In the .
event of claim or litigation_regarding the enforcement of the terms of this License,
each party shall be.responsible for its own legal costs and attorney fees except as
noted in Section 7.
13. Notices. All notices, requests, demands, or other communications
provided for in this License, unless otherwise noted,.shall be in.writing and shall be
deemed: to .have been given when personally:delivered, or-when sent by registered
or certified mail, return..receipt requested, to the addresses listed below for-each
party, or to such other. person or address as either party shall designate to the
.other party in;writing:
CITY: LICENSEE.;
City of Kent Marquee on Meeker LLC
Attn: City Clerk C/o Landmark Development Group
220 Fourth.Avenue South 2711 West Valley-Highway North
Kent, WA 98032 Suite 200
Auburn, WA 98001
Attn: .Brett Jacobsen
Email: bjacobsenCafnw-inc.com
With a copy to:
Marquee on Meeker LLC
c/o HAL Real Estate Inc:
2025 First Avenue, Suite 700
Seattle,.WA 98121
Attn: Jonathan Manheim
2841/086 07/10/17 -5 - Limited License Agreement Q
tread\HALkPiverbend Joint Venture
Instrument Number: 20180314000845 Document:AG Rec: S174.00 Page-44 of 101
Record Date:3/14/2018 2:32 PM King County,WA
Email:imanheim@halrealestate.com
And to:
Alston Courtnage & Bassetti LLP
1420 St'' Avenue, Suite 3650
Seattle, WA 98101-4011 - -
'Attn: Tom Read
Email: tread0alcourt.com
14. No Waiver of Rights. Nothing in this License shall constitute a
waiver of either-party's right to challenge any portion of the License that is not In
accordance.with applicable federal,.state and local laws.
15. Entire Agreement and ;Effective Date. This License contains the
entire agreement between the parties and, In executing it, the City and Licensee do
not rely upon any statement, ,promise; or representation, whether oral :or written,
not expressed in this License.. This License shall be effective upon the last day
executed below (Effective Date).
16. Warranty of Authority to Execute. Each person executing this
License warrants that he/she has the requisite authority to bind the party for whom.
that person is executing.
17. Memorandum. Promptly after the Effective Date, the parties agree to
execute and record a memorandum of this. Agreement in the form of attached
Exhibit S.
This License is executed and shall become effective as of the last date signed
below.
CITY OF KENT LICENSEE
By: By;
Print Name: SUZETTE COOKE Print Name:
Its: :Mayor Its:
Date: Date
2641/086 07/10/17 6- Limited License Agreement V3
tread\HAL\Riverbend Joint Venture
Instrument Number: 20180314000845 Document:AG Rec: 5174.00 Page-45 of 101
Record Date:3/14/2018 2:32 PM King County,WA
STATE OF WASHINGTON )
55.
COUNTY OF.KING )
I hereby certify that I know or have satisfactory evidence that Suzette Cooke.
Is the person who appeared before me, and said .person acknowledged that she
signed. this instrument, on oath stated that. she is authorized. .to execute the
instrument on behalf of the City of Kent as.its Mayor, and such execution:to be the
free and voluntary act of such party for the uses and purposes mentioned in the
foregoing instrument.
-Notary Seat Must Appear Within This Box
IN WITNESS WHEREOF, I have hereunto set my hand and official
.seal the day and year first above written.
NOTARY PUBLIC, in and for the State
of Washington,.residing. at
My appointment expires
2841/066 07/10/17. -7- Umited.Ucense Agreement v3
tread\HAL\R1verbendr Joint Venture
Instrument Number: 20180314000845 Document:AG Rec: $174.00 Page-46 of 101
Record Date:3/14/2018 2:32 PM King County,WA
.STATE OF WASHINGTON
) ss.
COUNTY OF )
On this day of , 2017, before me, the undersigned,
a Notary Public in and for the State of Washington, duly commissioned and sworn
personally appeared known to me
to be the of MARQUEE ON MEEKER. LLC, the limited liability
company that executed the foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said limited liability company,
for the purposes therein mentioned, and on oath stated that he/she was authorized to
execute said instrument.
I certify that I know or have satisfactory evidence that the person appearing
before me and making this acknowledgment is the .person whose true signature
appears on this document.
WITNESS my hand and official seal hereto affixed the day and year in the
certificate above written.
Signature
Print Name
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission expires
2841/086 07/10/17 -8 Limited License Agreement Q
tread\HAL\Riverbend Joint Venture
Instrument Number: 20180314000845 Document:AG Rec: $174.00 Page-47 of 101
Record Date:3/14/2018 2:32 PM King County,WA
EXHIBIT A
LEGAL DESCRIPTION OF THE LICENSED PROPERTY
2841/086 07/10/17 -9- Limited Ucense Agreement v3
tread\HQL\Riverbend Joint venture
Instrument Number: 20180314000845 Document:AG Rec: $174.00 Page-48 of 101
Record Date:3/14/2018 2:32 PM King County,WA
EXHIBIT B
MEMORANDUM OF LICENSE AGREEMENT
WHEN RECORDED RETURN TO:
Thomas.W.Read
Alston,Courtnage&Bassetti LLP
1420 Fifth Avenue,Suite 3650
Seattle,WA 98101-4011
Document Title: MEMORANDUM OF LICENSE AGREEMENT
Grantor:
Grantee:
Legal Description:
Abbreviated Legal Description:
Full Legal Description: See Exhibit A attached.
Assessor's Tax Parcel Nos.:
Reference Nos.of Documents Released or Assigned:
MEMORANDUM OF LICENSE AGREEMENT
This Memorandum of License Agreement is dated as of ,2017,and is by and
between ("Seller"),and ,
a ("Buyer").
1. Agreement. Seller and Buyer have entered into a Limited License Agreement
dated ,2017,concerning the real property described on attached Exhibit A(the
"Property")
2841/086 07/1D/17 - 10- Limited license Agreement V3
tread\HAL\Rlverbend Joint venture
Instrument Number: 20180314000845 Document:AG Rec: $174.00 Page-49 of 101
Record Date:3/14/2018 2:32 PM King County,WA
2. Purpose. This Memorandum is prepared for the purpose of recordation only,and
does not modify the Limited License.Agreement in any way.
SELLER: BUYER:
[ADD NOTARY BLOCKS FOR PARTIES]
2841/086:07110/17 -ii- L.imited License Agreement 0
tread\KAL\Riverbend Joint Venture
Instrument Number: 2018031400084,55 Document:AG Rec: $174.00 Page-50 of 101
Record Date:3/14/2018 2:32 PM King County,WA
EXHIBIT A
LEGAL DESCRIPTION
2841/086 07/10/17 12- Limited Lkense Agreement.v3
tread\HAL\Riverbend Joint Venture
Instrument Number: 20180314000845 Document:AG Rec: $174.00 Page-51 of 101
Record Date:3/14/2018 2:32 PM King County,WA
ATTACHMENT 7
FORM OF EASEMENT FOR PUBLIC PEDESTRIAN TRAIL
(See Attached)
ATTACHMENT 7
1160I61G4
Instrument Number: 20180314000845 Document:AG Rec: S174.00 Page-52 of 101
Record Date:3/14/2018 2:32 PM King Count-,WA
Recorded at the Request of and
after Recording Return to:
City of Kent
c/o Public Works Department
220 Fourth Avenue South
Kent, WA 98.032
GRANT OF EASEMENT
.FOR PUBLIC PEDESTRIAN TRAIL
Grantor/Declarant: MARQUEE ON MEEKER,LLC,a Washington limited liability
company
Grantee: CITY OF KENT,a Washington municipal corporation
Legal Description:
Official legal description on Exhibit A
Assessor's Tax
Parcel ID#:
Reference# N/A
(if applicable):
Marquee on Meeker, LLC, a Washington limited liability company ("Owner"), is
owner of the real property described in Exhibit A attached hereto and incorporated herein by
this reference(the"Property").
Owner acquired the Property from the City of Kent, a Washington municipal
corporation ("City") pursuant to the terms and conditions of that certain Real Estate Purchase
and Sale Agreement with Lease/Option to Purchase dated as of May 5, 2017 (the "Purchase
GRANT OF BASEMENT FOR PUBLIC PEDESTRIAN TRAIL,PAGE:
51618SDS 2 -
ATTACHMENT 7
Instrument Number: 20180314000845 Document:AG Rec: S174.00 Page-53 of 101
Record Date:3/14/2018 2:32 PM King County,WA
Agreement'). As a condition of the Purchase Agreement, Owner and City entered into that
certain Development Agreement dated as of , 2017 (the "Development Agreement")
for the. purpose of governing the design, development, permitting, mitigation of
environmental impacts and uses associated with development of a mixed-use retail/multi-
family residential community on the Property to be known as the.Riverbend Gateway Project
(herein the"Project").
Asa requirement of the Development Agreement,and in particular Section 16 thereof,
Owner and City have agreed that the Project shall provide for a public pedestrian and non
motorized vehicle trail easement over and across the Property for the benefit and use of the
members of the general public for public access from.Meeker Street to the Green River Trail.
Accordingly, Owner hereby grants, dedicates and quit claims to City, as a perpetual
covenant running with the land, a nonexclusive public pedestrian and non-motorized vehicle
use and access easement for the purposes and subject to the conditions hereinafter mentioned,
over and across the Property, in the location and configuration as depicted in the survey
attached hereto as Exhibit B and incorporated herein by this reference (herein the "Trail
Easement"),and City hereby accepts.such grant on the terms and conditions set forth herein.
I. P ose. The Trail Easement is granted for the purpose of providing the public
with pedestrian and non-motorized vehicle access and entry for the use and enjoyment of the
Green. River Trail connection within the Project and for no other use. Owner shall be
responsible for all costs of permitting, design and construction of the Trail Easement and any
improvements or amenities associated therewith(e.g. signage)as may be required by the City,
including but not limited to compliance with ADA (Americans with Disabilities Act)
guidelines and requirements for outdoor trails.
2. Owner's Use of'Frail Easement. Owner and its assignees,lessees, tenants and
invitees shall have the right to use of the Trail Easement consistent,with the rights of the
public use as described herein and for any other purpose not inconsistent with the rights
granted herein. Use of the Trail Easement may be closed to the public from time to time on a
temporary basis for the purpose of construction, repairs and/or maintenance of the Trail
Easement. Owner may impose reasonable controls on uses of such portion of the Trail
Easement that are likely to have an adverse effect on the Project occupants/tenants reasonable
enjoyment and use of the Project, so long as such controls are consistent with.City policies
and guidelines for public trail use or as otherwise approved or in effect by the City.
3. Maintenance. Owner shall at all times .and at its sole cost and expense
maintain the Trail Easement area and improvements lying within. in .good repair and
condition.
GRAW OF EASEMENT FOR PUBLIC PIEDESTRIAN TRAIL,PAGE:
Instrument Number: 201803140008=45 Document:AG Rec: $174.00 Page-54 of 101
Record Date:3/14/2018 2:32 PM King County,WA
4. Modification. The alignment of any portion of the Trail Easement and the
easement rights granted herein pertaining to such portion may be modified by mutual
agreement of Owner.and the City if the Project development for the Property is altered such
that an alternate location within the Property would be more desirable for location of the Trail
Easement. In such event the parties shall execute and record an amendment to this Trail
Easement terminating the present alignment and providing for the new alignment of the Trail
Easement.
5. Liability. Pursuant to the provisions of RCW 4.24.200 and 4.24.210, neither
Owner nor any of its affiliates, officers, agents, representatives or employees, shall be
responsible for or held liable for unintentional injury or damage to persons or property arising
from or occurring as a result of public use of the Trail Easement as provided for in RCW
4.24.200 and 4.24.210.
6. Successors and Assigns. The terms and provisions of this Grant of Easement
shall be binding upon and inure to the benefit of the successors and assigns of the parties
hereto. By recordation of this dedication,easement, and agreement, to the maximum extent
allowed by law,this agreement shall encumber the Property as an easement and dedication to
the general public for the public trail uses set forth herein.
7. Record Notice. . This Grant of Easement shall be recorded with the King
County Department of Records and Elections.
8. Time of Essence. Owner agrees that time is of the essence,and City shall have
non-exclusive standing to enforce the provisions of this dedication,easement, and agreement.
GRANT OP HASI:MFNT FOR PUBLIC PI:IMENTRIAN TRAIL,PAGE.
31618S21 2 - -
Instrument Number: 20180314000845 Document:AG Rec: S174.00 Page-55 of 101
Record Date:3/14/2018 2:32 PM King County,WA
DATED this day of ,20_.
GRANTOR: MARQUEE ON MEEKER,LLC,a Washington
limited liability company
By:
Its
GRANTEE: THE CITY OF KENT,
a Washington municipal corporation
By:
Its
APPROVED AS TO FORM:
By:
GRANT OF IEASIiMINT FOR PUBLIC PI-DISTRIAN TRAIL,PAGE:
' 3161�5252
Instrument Number: 20180314000845 Document:AG Rec: S174.00 P:Ige-56 of 101
Record Date:3/14/2018 2:32 PM King County,WA
STATE OF WASHINGTON
ss.
COUNTY OF
1 certify that 1 know or have satisfactory evidence that
is the person who appeared before me,and said person acknowledged that said person signed
this instrument, on oath stated that said person was authorized to execute the instrument and
acknowledged it as the of Marquee on Meeker, LLC, a
Washington limited liability company,to be the free and voluntary act of such corporation for
the uses and purposes mentioned in the instrument.
Dated this day of ,20 .
(signatcte of Votary)
(zdwy mm or stamp Ramo or Rotary)
Notary public in and for the state of Washington,
residing at
My appointment expires
STATE OF WASHINGTON
ss,
COUNTY OF
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person acknowledged that said person signed
this instrument, on oath stated that said person was authorized to execute the instrument and
acknowledged it as the of THE CITY OF KENT a municipal
corporation, to be the free and voluntary act of such corporation for the uses and purposes
mentioned in the.instrument.
Dated this day of ,20_.
(Sigoeturc of Notary)
(t.Cvbly Print orsmmp Name of Votary)
Notary public in and for the state of Washington,
residing at
My appointment expires
GRANT OF EASEMENT FOR PUBLIC PEDESTRIAN TRAII„PAGE
stetaszs z
Instrument Number: 20180314000845 Document:AG Rec: S174.00 Page-57 of 101
Record Date:3/14/2018 2:32 PM King County,WA
EXHIBIT A
Legal Description of Property
si6usus EXHIBIT A
Instrument Number: 20180314000845 Document:AG Rec: $174.00 Page-58 of 101
Record Date:3/14/2018 2:32 PM King County,WA
EXHIBIT B
[Attach Survey.Depicting Trail Easement]
EXHIBIT B
51618S2S..2
Instrument Number: 20180314000845 Document:AG Rec: $174.00 Page-59 of 101
Record Date:3/14/2018 2:32 PM King County,WA
ATTACHMENT 8
COPY OF DNS POR THE PROJECT
(See Attached)
ATTACHMENT 8
Instrument Number: 20180314000845 Document:AG Rec: S174.00 Page-60 of 101
Record Date:3/14/2018 2:32 PM King Count,WA
ECONOMIC&COMMUNITY DEVELOPMENT
Ben Wolters
Director
220 4th Avenue South
K E Id T Kent,WA 98032
Fax: 253-856-6454
PHONE: 2537856-5454
I
i
June 30, 2017
RE. Environmental Checklist
State Environmental Policy Act (SEPA)
ENV-2017-4 / KIVA #RPSW-2170281
Riverbend Mixed Use Development
Dear Mr. Jacobsen,
Enclosed please find;
1. A copy of the signed environmental checklist for your project
2. The Determination of Nonsignificance (DNS)
3. The Decision Document.
Please note that there is a 14-day public comment period following the
issuance of this DNS. Also, there Is a 14-day appeal period for all appeals
to the DNS following the comment period. All appeals are reviewed by
the Kent Heating Examiner.
If you have any questions concerning the SEPA review or the next step in
the development plan review process, please call Kent Planning Services
at 253-856-5454.
Sincerely,
Charlene Anderson, AICP
Responsible Official
O
a Enclosures
YJG:ct\S:>PermittP/an1ENVk2017�2170281_RiverbendM/xedUse_DNSapPucanfftr•doc
3
3
® MAYOR SUZETTE COOKE
City of Kent Economic&Community Development
ATTACHMENT 8
Instrument Number: 20180314000845 Document:AG Rec: $174.00 Page-61 of 101
Record Date:3/14/2018 2:32 PM King County,WA
RECEN'
EVALUATION FOR
City of Kent Planning Services JAN 24.2017 AGENCY USE ONLY
Environmental Checklist—Page 2 CITY OF KENT
PERMIT CENTER
TO BE COMPLETED.BY STAFF:
APPLICATION#: —cyV -- IVA#:
_,
RECEIVED BY: - DATE: I PROCESSING FEE:
A. STAFF REVIEW DETERMINED THAT PROJECT:
Meets the categorically exempt criteria.
>� Has no probable significant adverse environmental impact(s) and
application should be processed without further consideration of
environmental effects.
Has probable, significant impact(s) that can be mitigated through
conditions. EIS not necessary.
Has probable, significant adverse environmental impact(s). An
Environmental Impact Statement will be prepared.
_ An Environmental Impact Statement for this project has already been
prepared.
Signature of Responsible Official Date
B. COMMENTS:
C TYPE OF PERMIT OR ACTION REQUESTED:j �J�iin� l.YiAa
D. ZONING DISTRICT: C"r�ZLI
Instrument Number: 20180314000845 Document:AG Rec: S174.00 Page-62 of 101
Record Date:3/14/2018 2:32 PM King County,WA
EVALUATION FOR'
City of Kent Planning Services AGENCY USE.ONLY
Environmental Checklist—Page 3
TO BE COMPLETED BY APPLICANT:
A. BACKGROUND INFORMATION:
1. Name of Project: Marquee on Meeker
2. Name of Applicant: FNW, Inc.
Mailing Address:2711 West Valley Hwy N,Suite 200 Auburn WA
98001
Contact Person: Brett Jacobsen Telephone:253-333-0789
(Note that all correspondence will be mailed to the applicant listed
above.)
3. Applicant is(owner, agent,other): Contract Owner
A. Name of Legal Owner: City of Kent Parks and Community
Services Department
Telephone: 253-856-5100 -
Mailing Address: 400 W GowQ Kent.WA 98032
5. Location. Give general location of proposed project(street address,
nearest intersection of streets and section,township and range),
The subject property is a 24-acre portion of KenCs Riverbend
Golf Complex located at 2030 West Meeker St in the SW quarter
of section 23,township 22, range 4.The par-3 portion of the site,
which is known as the Riverbend Gateway Development Site, is
located on the western portion of the Riverbend Golf Complex
parcel.
6. Legal description and tax identification number
a. Legal description(if lenothv, attach as separate sheet);
PARCEL A:
THOSE PORTIONS OF GOVERNMENT LOTS 4 AND 5 IN THE
SOUTHWEST QUARTER'OF SECTION 23,TOWNSHIP 22 NORTH,
RANGE 4 EAST,W.M., IN KING COUNTY,WASHINGTON, AND THAT
PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION 23, ALL LYING SOUTHERLY OF .
SECONDARY STATE HIGHWAY NUMBER 5-A AND WESTERLY OF
JOHN DOWNEY ROAD NUMBER 722(54TH PLACE SOUTH);
Instrument Number: 20180314000845 Document:AG Rec: 8174.00 Page-63 of 101
Record Date:311 41201 8 2:32 PM King County,WA
EVALUATION FOR
AGENCY USE ONLY
City of Kent.Planning Services
Environmental Checklist—Page 4
EXCEPT PORTION THEREOF PLATTED AS COLONY PARK
CONDOMINIUMS AS RECORDED IN VOLUME 31 OF CONDOMINIUMS,
PAGES 55 THROUGH 57, INCLUSIVE, IN KING COUNTY,
WASHINGTON;
AND.EXCEPT THAT PORTION OF GOVERNMENT LOT 5 IN SECTION
23,TOWNSHIP 22 NORTH, RANGE 4 EAST,W.M., IN KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING ON.THE CENTERLINE OF SECONDARY STATE
HIGHWAY NUMBER 5-A AT HIGHWAY ENGINEER'S STATION
163+00.00 BACK, 163+48.2 AHEAD AS SHOWN ON THE STATE
HIGHWAY MAP BEARING DATE OF APPROVAL OF JANUARY 29,
1957, REVISED MARCH 19, 1957,THE CENTERLINE OF WHICH IS
ALSO SHOWN OF RECORD IN VOLUME 1, PAGE 32 OF HIGHWAY
PLATS, IN KING COUNTY,WASHINGTON;
THENCE NORTH 63053'30" EAST,ALONG THE CENTERLINE OF SAID
HIGHWAY 549.68 FEET;
THENCE SOUTH 14°51'10"EAST,301.01 FEET;
THENCE SOUTH 75008'50"WEST, 60.00 FEET;
THENCE SOUTH 14051'10" EAST, 119.73 FEET TO THE TRUE POINT
OF BEGINNING; -
THENCE CONTINUING SOUTH 14051'10" EAST, 166.14 FEET:
THENCE NORTH 0602325" EAST,55.20 FEET;
THENCE NORTH 14951-10"WEST,.76.19 FEET;
THENCE NORTH 42018'10"WEST, 43.69 FEET TO THE TRUE POINT
OF BEGINNING;
PARCEL B:
TOGETHER WITH AN EASEMENT FOR INGRESS,EGRESS AND
UTILITIES AS DESCRIBED BY RECORDING NUMBER 9502020945.
b. Tax identification number.
#2332204-9011-01
7. Existlnq conditions: Give a general description of the property and
existing improvements, size, topography, vegetation, soil, drainage,
natural features, etc. (if necessary,attach a separate.sheet).,.
The Riverbend Gateway Development Site is the par-3 portion
of the larger Riverbend Golf Site and is.approximately 24 acres
In area. The Riverbend Gateway Development Site is generally
flat, except along the sloped banks of the Green River which
runs along the south and west borders of the site. A.portion of
Instrument Number: 20180314000845 Document:AG Rec: $174.00 Page-64 of 101
Record Date:3/14/2018 2:32 PM King County,WA
EVALUATION FOR
AGENCY USE ONLY
City of Kent Planning Services
Environmental Checklist-Page 5
the Green River Trail Is located on the site; adjacent to the
riverbank. Vegetation In this area is primarily golf course turf
with Interspersed ornamental evergreen and deciduous trees.
Solis In the site are primarily Ur, Urban Land.
8. Site Area: 24 acres Site Dimensions: approximately 1,350 feet x
675 feet "
9. Project description: Give a brief, complete description of the
intended use of the property or project including all proposed uses,
days and hours of operation and the size of the project and site.
(Attach site plans as described in the instructions):
The project will consist of approximately 492 residential J1 1 ZJ J'Uv
t-units together with ancillary uses, approximately
8,000 sqvate feet of commerciallretail and a potential- 100-
otel. The residential units will be contained in two
podium style buildings and multiple three story urban style
walk-up buildings. The podium buildings are anticipated to
have four levels of wood frame residential construction over
concrete podium decks containing approximately 18,000 SF of
restaurant/retail space including adjacent exterior lifestyle
patios and approximately 240.stalls of parking. The urban-style
walk-up buildings will, generally, be located closer to the river
minimizing impact on the existing natural character of the site
along the river's edge and pedestrian-bicycle pathway. These
smaller three story buildings will maximize the potential to.save
the existing landscaping and view vistas.found near the
shoreline. The site will also contain surface parking, presently
anticipated for an additional 510 stalls for a total of 750 stalls.
The exact number of parking stalls will be determined at the
time of building permit.
10. Schedule: Describe the timing or schedule (include phasing and
construction dates, if possible).
Project development,permitting and construction is anticipated ).
to take place over approximately a five-year period. It is
anticipated that Phase I will include a podium building .and
approximately half of the urban quad bulldings,plus necessary
site work. The first phase is set to begin permitting the first
quarter of 2017 with.an anticipated construction start date oft,
early June 2017. Construction duration for Phase 1 is roughly
24 months with an estimated completion date of June 2019.
Phase Il will consist of a podium building,the remainder of the
site work and urban quad buildings, and the potential hotel.
Construction on Phase 11 is anticipated to begin in June of 2020 -
Instrument Number: 20180314000845 Document:AG Rec: S174.00 Page-65 of 101
Record Date:3/14/2018 2:32 PM King County,WA
EVALUATION FOR
AGENCY USE ONLY
City of Kent Planning Services
Environmental Checklist—Page 6
and complete by June of 2022, except for the potential-hotel. If
the potential hotel comes to fruition,timing may vary.
11. future Plans: Do you have any plans for future additions,expansion
or,further activity related to or connected with this proposal? If yes,
explain.
No
12. Permits/Approvals: List all permits or approvals for this project from
local, state,federal, or other agencies for which you have applied or
will apply as required for your proposal.
DATE
AGENCY PERMIT TYPE SUBMITTED` NUMBER STATUS"
City of Kent Design Review
of Kent Building Permit
Site Plan
of Kent ..(Engineering)_
Shoreline
City of Kent Permit
City of Kent _ Short Plat
Department of
Ecology NPDES Permit
City of Kent Demo Permit
Civil
Construction
City of.Kent Permits
Kent RFA Fire Permit
"Leave blank If not submitted
"Approved,denied or pending
13. Environmental Information: List any environmental information you
know about that has been:prepared, or will be prepared, directly
related to this proposal.
Short Plat, Traffic Impact Analysis, Technical information
Report(Storm Water),Phase I Report, Geotech Report and Site
survey:
14. Do you know whether applications are pending for governmental
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Record Date:3/14/2018 2:32 PM King County,WA
EVALUATION FOR
AGENCY USE ONLY
City of Kent Planning Services
Environmental Checklist-Page 7
approvals of other proposals directly affecting the property covered
by your proposal? if yes,explain.
Code changes may be pending with City Council that could
impact our proposal,timing is unclear.
B. ENVIRONMENTAL ELEMENTS
1. Earth
a. General description of the site (circle one): Fiat rolling. hilly, steep
slopes, mountainous, other:
b. What is the steepest slope on the site (approximate percent slope)?
While most of the site is flat, there is an approximate 25% slope
up from the site to West Meeker Street at the northwest corner of
the site. Slopes of up to 30% are located along the banks of the
Green River.
c. What general types of soils are found on the site (for example, clay,
sand,gravel, peat,muck)? If you know the classification of agricultural
soils, specify them and note any prime farmland.
Published geologic maps indicate that the site and vicinity are
underlain by young alluvial deposits consisting of silt and sand
with localized deposits of compressible organic-rich soils.
Exploratory borings and cone penetrometer tests disclosed that .
the site is mantled by a grass sod mat and approximately 1.5 to 2.5
feet of loose silty sand and sandy sift with a relatively low organic.
content. The upper soil horizon was underlain by interbedded very
loose to medium dense sand and silty sand with some discrete silts
and sandy silt horizons to the explorations' termination depths.
Compressible peat was disclosed by some of the explorati
the middle the site. T as been
mapped as seis rd by.t us to the anticipated t�w
relady ig ential of the soils. The Natural
Rev as Conserva ce (NRCS) has mapped the site as
containing so s meeting the Urban Land category(Ur).
d. Are there .surface-indications or history of unstable soils in the
immediate vicinity? If so, describe.
There are no surface indicators of significant instability of the slopes
adjoining the Green River. Areas of localized erosion of sandy soils
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are present,but are laterally discontinuous.
e. Describe the purpose,type and approximate quantities of any filling or
grading proposed. Indicate source of fill.
Structural fill will be imported and placed on site within building
footprints for structural slab and footing support, below new
pavement and handscape surfaces, and within utility trenches
and/or infiltration facilities. Landscape areas will require topsoil.
Additionally, some existing soils on site will be unsuitable for
building or roadway support, and will be moved on site to an
acceptable area or exported. Approximately 1,000 CY of cut and
up to 87,000 CY of fill may be required. While the source of fill
material has not been selected,it will be from an approved source.
f. Could erosion occur as a result of clearing,construction,or use? If so,
generally describe.
The portion of the site proposed for improvements is either level or
very gently sloped and the potential for erosion during clearing,
construction, or use is low. Site clearing and earthwork activities
will be undertaken Best Management Practices (BMPs)
implemented, through an approved Temporary Erosion and
Sedimentation Control(TESC) Plan. The project will adhere to the
City's regulations in this regard.
g. About what percent of the site will be covered with impervious surfaces
after project construction(for example, asphalt or buildings)?
Approximately 45% of the site will be impervious surface
(pavements or buildings).
h. Proposed measures to reduce or control erosion, or other Impacts to
the earth, if any.
Temporary Erosion Control BMP's will be implemented during
construction in accordance with City of Kent requirements to
minimize on-site erosion&sedimentation transport off-site.After
construction, the site will be permanently stabilized using
landscaping, pavements, storm water runoff conveyance and
Infiltration facilities.
2. Air
a. What types of emissions to the air would result from the proposal(i.e.,
dust, automobile, odors, and industrial wood smoke) during
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construction and when the project is completed? If any, generally
describe and give approximate quantities if known.
Construction emissions from construction related equipment. No
permanent emissions are anticipated from the finished product.
b. Are there any off-site sources of emissions or odor that may affect your
proposal? If so, generally describe.
None other than car emissions from West Meeker Street.
c. Proposed measures to reduce or control emissions or other impacts to
air, if any.
Compliance with applicable regulations related to emissions for
construction vehicles.
3. Water
a. Surface:
1) Is there any surface water body on or In the immediate vicinity
of the site (including year-round and seasonal streams, salt
water, lakes, ponds, wetlands)?
If yes, describe type and provide names. If appropriate, state
what stream or river it flows into.
Yes. The Green River is a 93-mite-long fresh water river
that borders the western and southern edges of the site,
portions of which are within the 200'jurisdictional area of
the City of Kent Shoreline Master Program.
The Green River is a salmonid bearing river that conveys
water from the Crystal Mountain area to the Duwamish
River and into the Puget Sound. Flows range from summer
lows near 300 CFS up to 100-year flows at the project site
near 12,000 CFS. The peaks of flood events up to the 100-
year event are all softened by operation of the-.Howard
Hanson.fiood control dam near river mile 64.Historic flows
in the Green River prior to construction of the dam in 1964
and rerouting of the tributary White River in the early
1900's were substantially higher.
2) Will the project require any work over, in or adjacent to (within
200 feet) the described waters? If yes, please describe and
attach available plans.
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Extension of pedestrian walkway to tie into the existing trail
and some s ca ing, possible �r-�r�lr,; ye
recreation, ' . 'es.will 1 I. a place U
within 200 feet of the Green River.
3) Estimate the amount of fill and dredge materialthat would be
placed. in or removed from surface water or wetlands and
indicate the area of the site that would be affected. Indicate the
source of fill material.
No such work will take place in the area.
4) Will the proposal require surface water withdrawals or
diversions?Give general description,purpose and approximate
quantities, if known.
No surface water withdraws or diversions are.anticipated.
5) Does the proposal lie within a 100-year floodplain? If so, note
location on the site plan.
No, per the 1995 FIRM.
6) Does the proposal involve any discharges of waste materials to
surface waters? if so,describe the type of waste and anticipated
volume of discharge.
No discharge of waste material to surface water Is
anticipated.
b. Ground:
1) Will ground water be withdrawn, or will water be discharged to
ground water? Give general description, purpose, and
approximate quantities,if known.
Ground water will not be withdrawn from a well for drinking
purposes, ongoing Irrigation may continue to occur on the
site.
2) Describe waste material that will be discharged into the ground
from septic tanks or other sources,if any(for example:domestic
sewage; industrial, containing the following chemicals...;
agricultural; etc.). Describe the general size of the system,the
number of such systems,the number of houses to be served (if
applicable), or the number of animals or humans the system(s)
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are expected to serve.
Domestic sewage will be tied into the Civic System. No
waste tanks for sewage are necessary.
c. Water Runoff(including storm water):
1} Describe the source of runoff (including storm water) and
method of collection and disposal, if any (include quantities, if
known). Where will this water flow? Will this water flow into
other waters? if so, describe.
All runoff from the site will originate from storm water and
the majority will be collected and conveyed through a series
of underground pipes to connect with the City storm water
system located in West Meeker Street, which ultimately
discharges to the Valley Regional Detention/Enhanced
Wetland Facility.Runoff will be collected from roof surfaces
with roof drains, and runoff will be conveyed to the
underground conveyance system via rain leaders or
downspouts. Pavement and hardscape runoff will be
collected in catch basins or area drains prior to connecting
to the underground conveyance system. Planter areas will
have overflow drains to prevent ponding.Some storm water
runoff from roofs, hardscape or pavements may be routed
to on-site infiltration trenches or galleries. Runoff from
pollution generating impervious surfaces will be -routed
through an approved water quality treatment system prior
to Infiltration, in accordance with the City of Kent storm
water manual.It is anticipated that some of the onsite soils
will be used as a means for water quality treatment;pending
further geotechnicai analysis.
2) Could waste materials enter.ground or surface waters? If so,
generally describe.
Waste materials entering the ground or surface waters are
unlikely.
d. Proposed measures to reduce or control surface, ground, and runoff
water impacts, if any:
The project site is located in the Valley Regional Detention
Application Area, and runoff from the site has been incorporated
into the Valley Regional Detention/Enhanced Wetland Facility.This
regional detention/water quality treatment facility has been
designed to detain and treat runoff from the subject site. Small-
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scale Infiltration facilities may be utilized for this development to
mitigate runoff on site.Any runoff from roadways that Is routed to
an on-site infiltration facility would be treated in accordance with
City storm water code requirements prior to Infiltration. The
project will comply with all applicable shoreline and storm water
codes.
4. Plants
a. Check or circle types of vegetation found on the site:
X Deciduous tree: alder, maple aspen,other
cherry, plum,sweet gum
X Evergreen tree: fir;cedar, pine, other
white pine,ponderosa pine, sourwood,yellow cedar, arborvitae
Shrubs
X Grass
Pasture
Crop or.grain
Wet soil plants: cattail, buttercup, bulrush, skunk cabbage,
other
Water plants:water lily, selgrass, miifoil, other
Other types of vegetation
b. What kind and amount of vegetation will be removed or altered?
The proposed development will remove some of the deciduous &
evergreen trees and golf course turf as part of the onsite
development.
c. List threatened or endangered species known to be on or near the site.
No listed plant species are known to exist within the project
boundaries.
d. Proposed landscaping, use of native plants, or other measures to
preserve or enhance vegetation on the site, if any:
The existing landscape consists primarily of grass and trees within
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the development area. The trees will be evaluated and protected if
they are healthy and within areas not impacted by the development
activities. The proposed plantings will consist of native and
ornamental trees,shrubs and ground covers throughout the site.
e. List all noxious weeds and Invasive species know to be on or near the
site.
Noxious weeds Include Japanese knot weed, English ivy and reed
canary grass.
5. Animals
a. Circle any birds and animals which have been observed on or near the
site or are known to be on or near the site:
Birds: a hero eagl ongbird ,other
Mammals: deer, bear, elk, beaver,other Rabbit. Sauinel
Fish: bass,qiDltrout herring, shellfish, other:
b. List any threatened or endangered species known to be on or near the
site.
Threatened Chinook (Onchorynchus tschwyscha), Steelhead
(O.mykiss) and possibly Bull Trout(Salvelinus confluentus) may
be found in the Green River adjacent to the project site. There Is a
known Bald Eagle nest located approx. 1 mile away from the
project site, thought this.species has now been delisted.
c. Is the site part of a migration route? If so, explain.
Yes, many species of anadromous_ salmon including those
mentioned above as well as Coho, Pink and Chum use the Green
River as a migration corridor. The Green River is also a major
pathway within the Pacific Flyway migratory bird route.
d. Proposed measures to preserve or enhance wildlife, if any:
Minimal construction will take place within the 200'buffer between
the project site and the Green River. Impacts will be limited to a
pedestrian pathway that ties in to the existing trail system,surface
parking, storm water facilities and fire access to the site. The
project will comply with City of Kent landscaping standards that
could result in more trees being planted on site,facilitating habitat.
The project will also comply with all relevant shoreline regulations
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to protect any fish habitat.
6. Enersw and Natural Resources
a. What kinds of energy (electric,natural gas, oil, wood stove, solar) will
be used to meet the completed project's energy needs? Describe
whether it will be used for heating, manufacturing, etc..
Electric and natural gas will be used on site to provide heating,
lighting,etc.for the residential and commercial components of the
site.
b. Would your project affect the potential use of solar energy by adjacent
properties? If so, generally describe.
No, project Is located across the street from an. existing golf
course and adjacent to a driving range and apartments that are
screened by existing mature tree canopy.Heights of buildings and
shadows cast will also not preclude the use of solar.
c. What kinds of energy conservation features are included in the plans of
this proposal? List other proposed measures to reduce or control energy
impacts, if any:
The project will adhere to the WSEC to minimize any resulting
energy impacts.
7. Environmental Health
a. Are there any environmental health hazards,-including exposure to toxic
chemicals, risk of fire and explosion,spill,or hazardous waste that could
occur as a result of this proposal? If so, describe.
The entire City of Kent is located within the Department of
Ecology's Tacoma Smelter Plume study area.
Based on the map at htt s:/Ifortress.wa.gov/ecYlsmeltersearch the
site is located within an area where arsenic levels were detected at
a rate of less than 20 parts per million. DOE recommends soil
testing In areas where arsenic levels were detected at more than
20 parts per million:
1) Describe special emergency services that might be required..
The site is served by the Kent Regional Fire Authority and
the Kent Police Department.
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2) Proposed measures to reduce or control environmental health
hazards, if any:
Compliance with existing regulations,as applicable
b. Noise
1) What types of noise exist in the area which may affect your
project(for example: traffic, equipment operation, other)?
Noise from vehicles traveling along West Meeker Street and
WA 516/Kent Des-Moines Road (located across the Green
River from the site) may impact future development at the
Riverbend Gateway Development Site.
2) What types and levels of noise would be created by orassociated
with the project on a short-term or a long-term basis(for example:
traffic,construction,operation,other)?Indicate what hours noise
would come from the site.
Short-term noise impacts will result from the use.of
construction and building equipment during site
development and construction. These temporary activities
will be limited to legal working hours as prescribed by City
Code,
3) Proposed measures to reduce or control noise impacts, if any:
Building construction.will occur during the hours
prescribed by the City of Kent. Construction equipment
will be equipped with muffler devices and Idling time will
be encouraged to be kept at a minimum.
8. Land and Shoreline Use
a. What is the current use of the site and adjacent properties?
The Riverbend Gateway Development Site currently
contains the par-3 golf course.Land to the north of the site
Is also part of the larger Riverbend Goff Complex, and is
used as the standard 18-hole golf course. Land to the
south, across_the Green River is vacant, owned by King
County. Other land to the south will be used for planned
Downey Farmstead salmon habitat restoration. The 16-acr"�C „ c Get
portion east of the site is developed as a .garden-style
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apartment complex. The City's Old Fishing Hole Park is
located to the west of the site,across the Green River. The
Colony Park Apartments, a two building 24-unit
development,are located on a parcel that is.surrounded by
the site. The apartments are allowed access to West
Meeker Street via an easement.
b. Has the site been used for agriculture? if so, describe.
The par-3 course and driving range were constructed with
the Colony Park Apartments in 1968. Prior to thattime, the
site was used for agriculture. Various properties within the
Green River Corridor District are used ;for agriculture,
primarily along the left bank of the river.
c. Describe any structures on the site.
An approximately 1,800 SF clubhouse for the par-3 golf
course and appurtenant parking.
d. Will any structures be demolished? If so, what?
The clubhouse and dedicated parking will be removed as
well as the par-3 golf course.
e. What is the current zoning classification of the site?
GC-MU=General Commercial Mixed-Use
f. What is the current comprehensive plan designation of the site?
MU=Mixed-Use
g. If applicable, what is the current shoreline master program designation
of the site?
The Riverbend Gateway Development.Site as well as the entirety
of the Riverbend Goff Complex is designated Urban Conservancy
Open Space.
h. Has any part of the site been classified as an"environmentally sensitive"
area? If so,specify.
The Green River is a shoreline of state-wide significance located
along the western and southern sides of the Riverbend Golf site,
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a. What is the tallest height of any proposed structure(s), not including
antennas;what is the principal exterior building material(s)proposed?
The tallest height at the podium building will be approximately 65
feet at the canted roof overhangs.
High quality exterior cladding will be used throughout the
development.Cladding will endure the northwest climate and have
a contemporary look to complement the project which may
include, but not be limited to, steel, glass, exposed concrete,
aluminum storefronts, longboard wood soffit and siding,
cementitious panels and accent green screens.
b. What views in the immediate vicinity would be altered or obstructed?
Views will not be significantly impacted by proposed development.
c. Proposed measures to reduce or control aesthetic Impacts, if any;
The project will undergo administrative design review by the City
of Kent.
11. Light and Glare
a. What type of light or glare will the proposals produce? What time of day
would it mainly occur?
Light and glare will originate from building lighting and exterior
lighting. Light will also be produced from vehicles using the site.
These impacts would occur primarily in the evening and before
dawn.
b. Could light or glare from the finished project be a safety hazard or
interfere with views?
Not to our knowledge.
c. What existing off-site sources of light or glare may affect your proposal?
The Russell Road Sports Complex is located about 1/2 mile to the
north of the Rlverbend Gateway Development Site. Baseball and -
softball field lights from this facility may slightly impact future
development~
d. Proposed measures to reduce or control light and glare impacts, if any.
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Compliance with applicable City of Kent regulations.
12. Recreation
a. What designated.and Informal recreational opportunities are in the
immediate vicinity?
The Green River Trail is located around the southern and
western edge of the site;the Riverbend par-3 course Is currently
located on the Riverbend Gateway Development Site; the 18-
hole Golf Course is located north of the site along West Meeker
Street; Riverbend golf driving range and mini-golf are
immediately east of the Riverbend Gateway Development.Site.
b. Would the proposed project displace any existing recreational uses? If
so,describe.
The contemplated actions will allow for redevelopment of the
Riverbend Gateway Development Site that will displace the 24-
acre, par-3 golf course.
c. Proposed measures to reduce or control impacts on recreation,
including recreation opportunities to be provided by the project or
applicant, if.any.
Although not a part of the proposal, we understand the City
intends to replace some of the function of the existing golf
course elsewhere.
Even though the project complies with onsite open space
requirements to off-set Impacts of new residents, a pedestrian
path will be provided along the Green River creating a pleasant
recreation opportunity.
13. Historic and Cultural Preservation
a. Are there any places or objects listed on,or proposed for,national,state
or local preservation registers known to be on or next to the site? If so,
generally describe.
None are known. Per the Washington State Department of
Archaeology& Historic Preservatlon's online database at
httas:/!fortress wa aovidaholwisaard/, no.places or objects
associated with the Riverbend Golf site are.identified.
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b. Generally describe any landmarks or evidence of historic,
archaeological,scientific, or cultural importance known to be on or next
to the site.
None are known.
c. Proposed measures to reduce or control impacts, if any.
During future development activities, should archaeological
materlaIs (e.g. bones, shell, stone tools, beads, ceramics, old
bottles, hearths, etc,) or human remains be.observed during
project activities,all work In the immediate.vicinity will stop to
allow for consultation with state and tribal archaeological
officials.
14. Transportation -
a. Identify public streets and highways serving the site, and describe
proposed access to the existing street system. Show on site plans, if
any.
The site will be served by West Meeker Street a Minor Arterial
Site access is proposed via two 36'wide driveways constructed
to City standards. Appropriate street widening and center
TWLTL are also contemplated.
b. Is site currently served by public transit? If not,what is the approximate
distance to the nearest transit stop?
Metro bus routes 158 and 159 serve West Meeker Street in the
site vicinity.
c, How many parking spaces would the completed project have? How
many would the project eliminate?
The completed project will contain approximately 750 parking
stalls, tentatively comprised of.240 structured parking stalls
and 510 surface and carport parking stalls.The exact number of
parking stalls will be determined at the time of building permit.
d. Will the proposal require any new roads or streets, or improvements to
existing roads or streets, not including driveways? If so, generally
describe(indicate whether public or private):
As part of the project development,access modifications along
West Meeker Street at the project entrances will be constructed.
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The City of Kent is considering additional ROW improvements
along the West Meeker Street frontage In accordance with the
Meet Me on Meeker plan presently in the conceptual design
phase.
e. Will the project use(or occur in the immediate vicinity of)water, rail, or
air transportation? If so,generally describe.
No
f. How many vehicular trips per day would be generated by the completed
project? if known, indicate when peak volumes would occur.
The site development is projected to generate 3,017 net new
average daily trips to the City street grid. During the PM peak
hour 223 net new peak hour trips are projected. See attached
Trip Generation spreadsheet.
g. Proposed measures to reduce or control transportation impacts, If any.
Developer will construct site accesses to City standards
Including a TWLTL on West Meeker Street, street frontage
Improvements, and payment of applicable City TIF
appropriately adjusted to reflect. Internal shared trips per
NCHRP 684 Internal Capture Estimation Tool;see attached data.
15. Public Services
a. Would the project result in an increased need for public services (for
example; fire protection,police protection, health care, schools,other)?
If so, generally describe.
Yes, the project would result in an increased need for public
services inclusive of fire protection,police protections,health care
and schools.
b. Proposed measures to reduce or control direct impacts on public
services, if any.
The project will work with the city to mitigate impacts to public
services through the prescribed methods outlined in City of Kent
ordinances.The project will also pay relevant impact fees to offset
such potential impacts.
16. Utilities
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a. Circle utilities currently available at the site: electricity, natural gas
er refuse service, telephone, sanita se Sep i tertT o 'er.
b. Describe the utilities that are proposed for the project, the utilities
providing the service and the general construction activities on the site
or in the immediate vicinity, which might be needed.
City water, sanitary sewer and storm drainage lines are located
along West Meeker Street and Russell Road South. A 24" hang
County Metro sanitary sewer line, a 12"City of Kent water line and
a 15" storm sewer line provides ample capacity to serve a future
mixed use development at the Riverbend Gateway Development
Site. Other utilities necessary to serve future redevelopment of the
Riverbend Gateway Development Site will be the responsibility of
the future owner.
C. SIGNATURE
The above ans s are and complete to the best of my knowledge. I
understand tl le ag ncy is relying on them to make its decision.
Signature:
Date: rl 1.4
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DO NOT USE THIS SHEET FOR PROJECT ACTIONS
D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS
Because these questions are very general, it may helpful to read them in
conjunction with the list of the elements of the environment
When answering these questions, be aware of the extent the proposal, or
the types of activities likely to result from the proposal,would affect the item
at a greater intensity or at a faster rate than if the proposal were not
implemented. Respond briefly and in general terms.
1. How would the proposal be likely to increase discharge to water,
emission to air; production, storage, or release of toxic or hazardous
substances; or production of noise?
Proposed measures to avoid or reduce such increases are:
2. How would the proposal be.likely to affect plants, animals, fish, or
marine life?
Proposed measures to protect or conserve plants, animals, fish, or
marine life?
3. How would the proposal be likely to deplete energy or natural
resources?
Proposed measures to protect or conserve energy and natural
resources are:
4, How,would the proposal be likely to use or affect environmentally
sensitive areas or areas designated (or eligible or under study) for
governmental protection; such as parks, wilderness, wild and scenic
rivers, threatened or endangered species habitat, historic or cultural
sites, wetlands,floodplains, or prime farmlands?
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Proposed measures to protect such resources or to avoid or reduce
impacts are:
5. How would the proposal be likely to affect land and shoreline use,
including whether-it would allow or encourage land or shoreline uses
incompatible with existing plans?
Proposed measures to avoid or reduce shoreline and land use impacts
are:
6. How would the proposal be likely to increase demands on transportation
or public services and utilities?
Proposed measures to reduce or respond to such demand(s)are:
Z. Identify, if possible, whether the proposal may conflict with local, state,
or federal laws or requirements for the protection of the environment.
P:\Planning\ADMIN\FORMS\SEPA\SEPA_CHECKUST.doc (REVISED 12/08)
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KENT -
CITY OF KENT
DETERMINATION OF NONSIGNIFICANCE
Environmental Checklist No. ENV-2017-4 Project: Riverbend Mixed Use Development
RPSW-2170281
Description: On May 4, 2017,the City preliminarily approved an eight-lot short subdivision
of a 24-acre parcel containing portions of the City of Kent's Riverbend Golf Complex. The
applicant proposes to develop five of the newly-created parcels at the western portion of the
site with a mixed-use complex Including approximately 12,000 square feet of commercial_retail
and restaurant space and 492 residential apartment units in 23 separate buildings, with
associated parking areas and amenities. The existing par 3 golf course and concessions
building will be removed. The proposed development Includes two six-story, approximately
125,644 square foot mixed use buildings containing structured parking, mixed retail and
restaurant space, and 120 apartment units each, and 21 three-story, approximately 10,200
square foot residential structures containing 12 apartment units each.An interior roadway will
access Meeker Street via two driveways. Installation of paved multi-use pathways accessing
the Green River Trail and trailhead parking facilities is also being proposed. Portions of the site
are within the Green River Shoreline Master Program area.
The applicant proposes to enter Into a binding Development Agreement with the City of Kent
establishing the terms, conditions, and mitigation measures for the proposed development in
accordance with the provisions of Kent City Code 15.08.450. A final draft of this agreement,
which includes terms relating to requested departures from the requirements in Kent City
Code, design and development conditions, applicable Impact Fees and substantial permitting
fees, and other aspects of the proposed development has been reviewed by City staff and the
City's SEPA official as part of this proposal. Final approval of a development agreement is to
be granted by resolution of the Kent City Council at a public hearing.
The property is located at 2030 West Meeker Street, Is Identified as King County Assessor
parcel numbered 2322049011, and Is zoned GC-MU, General Commercial - Mixed Use.
Applicant: Brett Jacobsen, FNW, Inc., 2711 West Valley Hwy N. #200,Auburn, WA 98001,
253-333-6789; Agent: Jessica Clawson, 701 51" Ave #6600, Seattle, WA 98104, 206-812-
3378, jclawson@mhseattle.com.
Lead Agency CmrOF KEivr
The lead agency for this proposal has determined that it does not have a probable significant
adverse Impact on the.environment. An environmental impact statement(EIS)Is not required
under RCW 43.21C.030(2)(c). This decision was made after review of a completed
environmental checklist and other Information on file with the lead agency. This information is
available to the public on request.
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Determination of Nonsignificance
Riverbend Mixed Use Development
#ENV-2017.4/#RPSW-2170281
There is no comment period for this DNS.
X This DNS is Issued under 197-11-340(2). The lead agency will not act on this proposal
for 14 days from the date of this decision; this constitutes a 14-day comment period.
Comments must be submitted by 4:30 p.m., 3uly 14, 2017. This DNS is subject to
appeal pursuant to Kent City Code section. 11,03.520.
Responsible Official _Charlene Anderson
Position/Title LonsLRanae_Planning Manager/ SEPA OFFICIAL
Address 220 Fourth Avenue South. Kent, WA 98032 Telephone (253) 856-5431
Dated June 30, 2017 Signature
APPEAL PROCESS: AN APPEAL OF A DETERMINATION OF NONSIGNIFICANCE
(DNS) MUST BE MADE TO THE KENT HEARING EXAMINER WITHIN FOURTEEN (14)
DAYS FOLLOWING THE END OF THE COMMENT PERIOD PER KENT CITY CODE
11.03.520.
CONDITIONS/MITIGATING MEASURES: NONE
IGict SAPermrll OMENV1201 712 1 702al—Arvereend ONS.&C
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ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING SERVICES
KEiVT Matt Gilbert, AICP, Current Planning Manager
Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
ENVIRONMENTAL REVIEW REPORT
Decision Document
RIVERSEND SHORT PLAT and MIXED USE DEVELOPMENT
AKA MARQUEE ON. MEEKER
ENV-2017-4 / RPSW-2170281
SP-2017-1 / RPSS-2170221
SMA=2017-1 / RPSP-.2171437
DEVELOPMENT AGREEMENT
Responsible Official: Charlene Anderson, AICP
Staff Contact: Jason Garnham, Planner
I. PROPOSAL
On May 4, 2017, the City preliminarily approved an eight-lot short subdivision of a
24-acre parcel containing portions of the City of Kent's Riverbend Golf Complex.
The applicant proposes to develop five of the newly-created parcels at the western
portion of the site with a mixed-use complex Including approximately 12,000
square feet of commercial retail and restaurant space and 492 residential
apartment units in 23 separate buildings, with associated parking areas and
amenities. The existing par 3 golf course and concessions building will be removed.
The proposed development includes two six-story; approximately 125,644 square
foot mixed-use buildings containing structured parking, mixed retail and restaurant
space, and 120 apartment units each, and 21 three-story, approximately 10,200
square foot residential structures containing 12 apartment units each. An interior
roadway will access Meeker Street via two driveways. Installation of paved multi-
use pathways accessing.the Green River Trall and trailhead parking facilities is also
being proposed. Portions of the site are within the Green River Shoreline Master
Program area.
The applicant proposes to enter Into a binding Development Agreement with the
City of Kent establishing the terms, conditions, and mitigation measures for the
proposed development in accordance with the provisions of Kent City. Code
15.08.450. A final draft of this agreement, which includes terms relating to
requested departures from the requirements in Kent City Code, design and
development conditions, phasing, applicable impact fees and substantial permitting
fees, and other aspects of the proposed development has been reviewed.by City
staff and the City's SEPA Responsible Official as part of this SEPA analysis. Final
approval of a development agreement would be granted by resolution- of the Kent
City Council after holding a public hearing. -
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The property is located at 2030 West. Meeker St. and is identified as King County
Assessor parcel number 2322049011.
II. BACKGROUND INFORMATION
Compliance with Kent's Comprehensive Plan (Ordinance 4163), the
Washington State Growth Management Act (GMA), The Local Project Review
Act (ESHB 1724 and ESB 6094), Kent's Construction Standards (Ordinance
3944) and. Concurrency Management (Chapter 12.11, Kent City Code) will
require concurrent improvements or the execution of binding agreements by
the Applicant/Owner with Kent to mitigate identified environmental impacts.
These improvements and/or agreements may Include improvements to
roadways, intersections and intersection . traffic signals, stormwater
detention, treatment and conveyance, utilities, sanitary sewerage and
domestic water systems. Compliance with Kent"s Construction Standards
may require the deeding/dedication of right-of-way for Identified
improvements. Compliance with Title 11.03 and 11.06 of the Kent City Code
may require the conveyance of Sensitive Area Tracts to the City of Kent in
order to preserve trees, regulate the location and density of development
based upon known physical constraints such as.steep and/or unstable slopes
or proximity to lakes, or to maintain or enhance water quality. Compliance
with the provisions of Chapter 6.12 of the Kent City Code may require
provisions for mass transit adjacent to the site.
In addition to the above, Kent follows revisions to the Washington State
Environmental Policy Act, Chapter 197-11 WAC (effective November 10,
1997), which implements ESHB 1724 and ESB 6094, and rules which took
effect on May 10, 2014 in response to 2ESSB 6406 passed by the State
Legislature In 2012.
III. ENVIRONMENTAL ELEMENTS
A. Earth
The portion of the subject site that is contemplated for development is
generally flat, however, there is an approximate 25% slope up from
the northwestern edge of the site along West Meeker Street, and
slopes of up to 30% are located along the banks of the Green Rivera
According to a Preliminary Site Condition Summary prepared by Zipper
Geo Associates, dated December 20, 2016, the on-site soils consist of
young alluvial deposits consisting of silt and sand. with localized
deposits of compressible organic-rich soils. The Natural Resources
Conservation Service maps the site as containing soils meeting. the
Urban Land category (Ur).
The site soils have a .high potential for llquefactlon and the site is
considered a seismic hazard by the City of Kent. Preliminary analysis
by Zipper Geo Associates indicates that settlement of soils may be
expected across the site from a seismic event but can be mitigated by
supporting the buildings on pilings or by completing ground
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improvement through the use of stone columns or aggregate piers.
Lateral deformation due to a seismic event is anticipated to be
negligible and can also be mitigated through ground. improvement and
building foundation design. Structural fill Is proposed to be imported
and placed within the building footprints, below new pavement and
hardscape surface areas, and within utility trenches and Infiltration
facilities to provide the needed structural support.
According to the environmental checklist submitted by the applicant,
no surface indicators of significant instability of the slopes adjoining
the Green River have been observed, however, areas of localized
erosion of sandy soils are present but discontinuous. The Green River
levee separates the Flat areas of the site proposed for development
from the Green River and Its adjoining slope areas.
An estimated 1000 cubic yards of cut and 87,000 cubic yards of fill
material will be used to prepare the site for development. Cut will be
utilized onsite if possible, and any fill will be from an approved source.
The applicant is required to submit and receive approval of a Detailed
Grading Plan and a Temporary Erosion / Sedimentation Control Plan
meeting the requirements of the City of Kent. Construction Standards
and the City of Kent Surface Water Design Manual from the City for
the entire development.
The applicant is required to submit and receive approval of a
Stormwater Pollution Prevention Plan (SWPPP) from the City of Kent,
prior to issuance:of Civil Construction or clearing and grading approval.
The SWPPP will meet all the requirements of the Department of
Ecology National Pollutant Discharge Elimination System (NPDES)
Construction Stormwater General Permit (CSWGP).
The applicant is required to obtain an NPDES permit coverage letter
from DOE under the Construction Stormwater General Permit. The
Applicant will submit a copy of the coverage letter to the City of Kent
prior to issuance of civil construction or clearing and grading permits.
The construction site shall meet_ all the requirements of the
Department of Ecology National Pollutant Discharge Elimination
System Construction Stormwater General Permit (CSWGP).
Portions of the Green River levee; a City of Kent facility designed and
constructed to minimize flooding of developed areas by the Green
River, are located on the subject site. The City of Kent Public Works
department is responsible for maintaining the levee- in cooperation
with the King County'Flood Control District. Kent Public Works staff
stated that portions of the levee located on the subject site will be
raised to a 500-year flood protection level at an undetermined time In
the future, and condItlons of short plat *SP-2017-1 require that the
levee, and its vicinity be placed in a separate tract or easement
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establishing City rights to or-reserving City ownership of the levee and
its vicinity to access, maintain, or reconstruct the levee.
B. Air
Emissions typical of construction equipment may occur during
construction. Equipment will be kept in good working condition to
minimize air pollution. During periods of dry weather, watering down
exposed soils, washing truck wheels before exiting the site and
maintaining gravel construction entrances In accordance with the
approved Temporary Erosion/Sedimentation Control Plan will keep
dust particle emissions to a minimum. . Following construction,
emissions will be generated from vehicles entering and leaving the
site.
C. Water
Surface
The site is adjacent to the Green River, a shoreline of statewide
significance, and all parts of the site located within 200 feet of the
ordinary high water mark of the Green River are within shoreline
jurisdiction. Development within the shoreline jurisdiction area is
subject to the regulations of the City of Kent Shoreline Master
Program, which is discussed In greater detail in Section H, below, As
proposed, those portions of the development that are located within
the shoreline jurisdiction areas generally comply with the City of Kent
Shoreline Master Program regulations.
Ground
The applicant shall protect groundwater recharge quantity through
incorporating best management practices included in the City of Kent
Surface Water Design Manual in order to infiltrate storm water runoff
to the maximum extent practical.
Water Runoff
All stormwater runoff from the proposed development will be collected
onsite and conveyed to the City stormwater system located in West
Meeker Street, which ultimately discharges to the Green River Natural
Resources Area, an existing City regional stormwater facility which will
provide flow control and water quality treatment from.the development
of lots 1-5 as shown on the conceptual development plans submitted
with the preliminary short plat application. A downstream analysis
conducted by Anchor Environmental Consultants conciuded that the
existing downstream conveyance systems north of West Meeker Street
experience minor flooding for the 25-year recurrence Interval storm,
and the un-attenuated flows from the .developed Project site will
exacerbate this condition. However, the City is scheduled to perform
maintenance on the storm drainage system north of West Meeker
Street, which will remove accumulated sediment and. re-establish the
conveyance capacity of the system. The downstream analysis
conducted by Anchor Environmental Consultants confirms that, with
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the maintenance, the minor flooding will decrease substantially in the
post-developed condition.
The proposed project will require Full drainage review. The Applicant
shall develop and submit drainage plans and a TIR as specified in the
"2002 City of Kent Surface Water Design Manual" and the "1998 King
County Surface. Water Design Manual" for this type of drainage
review. This site is located within the Valley Regional Detention flow
control area and the Green River Natural Resource Area water quality
area, and will comply with the requirements for those specific areas.
D. Plants
The portions of the site that are proposed for development - Lots 1
through 5 of the proposed short plat - are currently developed with a
golf course facility and are vegetated with grasses and landscaping. A
number of deciduous and evergreen trees are located throughout the
site, many of which are proposed to be retained during development,
Those portions of the site located along the Green River are Impacted
by the Green River levee, which was reconstructed in 2008. Vegetation
on and adjacent to the levee consists primarily of grasses and shrubs.
Revegetation work and removal of noxious weeds along the riverbank
has been undertaken by the King County Flood Control District and the
City of Kent Public Works department as part of plans to mitigate for
the impacts of levee construction in this and other areas.
Landscaping comprised of a mix of trees, shrubs, and groundcover will
be required to be provided along the perimeter of the site and around
parking areas and buildings according to the standards of Kent City -
Code and the Downtown Design Guidelines. Frontage landscaping will
be installed by the applicant within the Meeker Street public right of
way and will be maintained for the life of the development by the
property owner, per the terms of the Development Agreement
between the developer and the City.
E. Animals
According to the.SEPA checklist provided by the applicant, threatened
Chinook (Onchorynchus tschwyscha), Steelhead (O.mykiss) and
possibly Bull Trout (Salvenlinus confluentus) may be found in the
Green River adjacent to the project site. Many species of anadromous
salmon, including those listed, use the Green River as a migration
corridor. The site is also within the Pacific Flyway for migratory birds,
as,is much of the Puget Sound region.
Karen Walter, of the Muckleshoot Indian Tribe, commented in an email
dated February 10, 2017 that exterior lighting of buildings, parking
areas, or trail facilities has the potential to produce glare or light
spillage that would adversely affect_migrating juvenile salmon. A
lighting plan showing the type and location of lighting fixtures and
resulting illumination in foot candles; and demonstrating that proposed
lighting will not Impact the river or its embankments, will be required
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to be submitted with building plans prior to construction permit
approval. No lighting of the Green River Trail or of shoreline areas is
currently proposed.
Impacts to threatened and migratory wildlife are anticipated to be
minimal, as no work is proposed to occur within or adjacent to the
Green River. Most of the proposed development will take place
landward of the Green River,levee and more than 200 feet from the
Ordinary High Water Mark (OHWM) of the Green River and, thus,
outside of Shoreline Master Program jurisdiction. Work proposed within
the Shoreline area Is limited to development of three pedestrian
pathways and associated trallhead parking facilities connecting the site -
an&sidewalks on West Meeker Street to the Green River Trail, an
existing City of .Kent park facility. Retention of significant trees,
planting of new trees, and provision of landscaping associated with the
development will preserve or improve wildlife habitat in the area.
F. Energy and Natural Resources
Natural gas will be used for heating, and electricity will be used for
lighting and general energy needs: Building design to meet current
Washington State Energy Code standards will help to minimize energy
consumption.
G. Environmental Health
City data show the Average Daily Traffic Volume on. Meeker Street Is
currently greater than 15,000. Noise from vehicles traveling along
West Meeker Street may impact residents of the future development,
although sensitivity to the location of the residential uses on the
property may alleviate some of the noise impacts. Some temporary ,
noise will occur during construction due to the use of construction
equipment and machinery. Hours of construction and noise levels will
comply with Kent City Code. Mufflers will be required on all vehicles
with combustion engines and vehicle idling time will be minimized
during construction activities.
According to the Tacoma Smelter Plume searchable map found at:
https:llfortress.wa govlecy/smeltersearch/, the site is shown to be in
an area where soil arsenic levels range from non-detected to 20 parts
per, million. The State Department 'of Ecology recommends soil
sapling for properties In areas with estimated arsenic levels above
the state cleanup level of 20 parts per million.
G. Land and shoreline Use
Land Use
The western portion of the site is currently developed with a per 3 golf
course that is a portion of the Riverbend Golf Complex, a City of Kent
Parks and Recreation facility. An 1,800 square foot concessions
building and the par 3 golf course are proposed to be demolished.
Rezoning and subdivision-of the property, and sale of the par 3 golf .
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course portion of the site as a City surplus property, were evaluated by
the City through completion of a SEPA environmental checklist In 2014
(ENV-2014-22). On May 4, 2017, the City approved an eight-lot short
subdivision of the site.
An 18-hole golf course and clubhouse is located across West Meeker
Street and north of the site. An exception area of 1.7-acres and
separate parcel - identified as King County Assessor parcel number
16999S0000 - is located between Lots 4 and 5 of the approved short
plat and east of the proposed mixed-use development and contains an
apartment complex known as the Colony Park Apartments. Properties
to the south and west are located across the Green River from the
subject site and are comprised of vacant land and Old Fishing Hole
Park, a City of Kent recreation facility.
The subject site is zoned GC-MU, General Commercial - Mixed Use,
and.has a comprehensive plan land use designation of MU - Mixed
Use.
Kent City Code 15.04,200 requires residential development in GC-MU
zoning districts to Include a minimum of 5.percent of gross floor area
as a principally permitted commercial use. Through the terms of the
binding Development Agreement between the developer and the City
of Kent, the applicant will construct approximately half of the
commercial space required by code - approximately 12,000 square
feet and 2.5 percent out of the total development - in exchange for
constructing and maintaining frontage improvements within the West
Meeker Street public right of way. The developer will also construct
and maintain public trail facilities of a design and quality that exceeds
minimum standards and visually enhances nearby public areas, as
substantially shown In conceptual plans provided for the development
agreement. Kent City Code 15.08.450 establishes that departures from
the development regulations and standards of the code may be offset
by providing a benefit to the City of equal or greater value relative to
the departure requested, as determined by the City.
Shoreline Use
The site is adjacent to the Green River, a shoreline of statewide
significance, and all parts of the site located within 200 feet of,the
ordinary high water mark of the Green River are within shoreline
jurisdiction. Development within the shoreline jurisdiction area is
subject to the regulations of the City of Kent Shoreline Master
Program.
The shoreline environmental designation of the portions of the.site that
are within shoreline jurisdiction is Urban Conservancy - Open. Space.
The purpose of the Urban Conservancy- - Open Space environment is
to protect and restore ecological functions in urban and developed
settings while allowing public access and a variety of park and
recreation uses. Subdivision of land is permitted within the Urban
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Conservancy - Open Space shoreline environment only where it is
determined by the City to be for a public purpose.
Conceptual development plans submitted with the short plat
application demonstrate that development of the proposed lots in
accordance with the shoreline master program regulations is feasible.
All of the lots In the proposed short plat contain substantial
developable area that is more than 200 feet from the OHWM of the
Green River and, thus, outside of the shoreline jurisdiction. Any
facilities to be developed within the shoreline area shail be In
accordance with the shoreline master program.
Review and approval of a Shoreline Substantial Development Permit
application will be required prior to construction of any improvements
within the shoreline jurisdiction area. A Shoreline Substantial
Development Permit application was submitted to the City on April 19,
2017 for review of paved trail and parking facility improvements
proposed within the shoreline area on the site (SMA-2017-1, KIVA
*RPSP-2171437). Recreation-oriented trail and parking facilities are
permitted uses in the Urban Conservancy - Open Space shoreline -
designation area.
I. Aesthetics
Two mitred-use buildings, each comprised of four stories of residential
apartments atop two stories of structured parking and 6,000 square
feet of retail and restaurant space, will be oriented along West Meeker
Street and the northern portion of the site. They are separated from
each other and from West Meeker Street by a pedestrian pathway and
plaza area designed for pedestrian use and outdoor restaurant space.
Buildings, landscaping, and paved pathways provide visual and public
pedestrian connection between the proposed buildings, the sidewalk
along the southern edge of West Meeker Street, and the Green River
Trail and shoreline area. Twenty-one urban-style walkup buildings,
three stories and approximately 35 feet in height and containing 12
apartment units each, are proposed to be located between the podium
buildings and the Green River in a manner that preserves views of and
minimizes visual impacts on the shoreline area and Green River Trail.
by having a reduced appearance of scale and allowing integration of
landscaping and retention of existing trees. Parking areas with carports
and an interior roadway providing vehicular access between the
buildings and West Meeker Street are located between the buildings,
minimizing visual impacts from these facilities on adjacent public
areas. Parking areas located near the perimeter of the site will be
fenced and landscaped according to the requirements in Kent City
Code and the Downtown Design Guidelines.
Comments were received by City staff on February 12, 2017 via email
from Mary Ann Hopkins, manager of the Colony Park Apartments,
expressing concern about the visual impacts of the proposed
development and requesting provision of fencing and landscaping to
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buffer the potential impacts of lights, vehicles, and improvements on
theexisting residents. Building setbacks and landscaping and fencing
requirements will be applied to the project to buffer the adjacent
properties and shoreline areas from the aesthetic impacts of the
proposed buildings, roadways, and parking areas. Existing trees are
proposed for retention where feasible to buffer the visual impacts of
the proposed development on the residents of the existing Colony Park
Apartments.
The development is subject to the requirements in the City of Kent
Downtown Design Guidelines, which emphasize site plan, landscaping,
and architectural design that utilizes high-quality materials and
finishes and is safe, functional,. and attractive for pedestrians and
other users. Submittal and City approval of a Downtown Design
Review application will be required prior to issuance of construction
permits.
As stated in the Development Agreement, the project shall be
designed and constructed substantially as shown In the conceptual
plans and renderings submitted to the City and included as Attachment
3 of that agreement. These conceptual plans demonstrate that the
proposed development will generally comply with the City of Kent
Downtown Design Guidelines by providing:
• Safe and attractive pedestrian areas within the site and
connecting with public sidewalks and recreation facilities
• High quality finish materials for buildings such as brick, wood,
concrete panels, and steer
• Ample ground-level fenestration and weather protection in
buildings
• Building design including modulation, material and color
variation, overhanging eaves and balconies
• High, quality and attractive landscaping, lighting fixtures, site
furnishings, planters, and other amenities
• Usable and attractive semi-private on-site recreation space
including features such as covered seating, gaming, and active
recreation areas
The applicant will also construct a paved pathway, landscaping,
lighting, crosswalks, and center medians within the West Meeker
Street public right of way, and maintain them for the life of the
project; per the terms of the Development Agreement. The fixtures,
landscaping, and paving associated with this agreement will be of a
design and quality that will improve the aesthetic value of the
proposed development and its vicinity and improve safety and
attractiveness for pedestrians and motorists on West Meeker Street.
3. Light and Glare
Lighting will be installed on the exterior of the buildings, in parking
and landscaping areas, along proposed pedestrian pathways, and
along the sidewalk to be constructed by the applicant along West
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Meeker Street. Lighting fixtures shall be designed and located so as to
avoid undue glare or reflection of light onto adjoining properties or the
public right-of-way In accordance with KCC 15.05.090.G and
.15.08.050.0.3, Building glass will be of a non-glare type. Perimeter
iandscaping and fencing will further minimize glare and reflection of
light onto streets and adjacent properties.
As described in Section III.E, above, Karen Walter of the Muckleshoot
Indian Tribe provided comments on February 10, 2017 that included a
recommendation to design and locate artificial lighting to avoid
impacts to juvenile salmon in the Green River. A lighting plan showing
the location and specifications. for proposed lighting. and the resulting
illumination in foot candles will be required to be submitted with
construction plans and will be reviewed by City staff. Lighting impacts
on the Green River shall be avoided, accordingly.
K. Recreation
The site is east of and across the Green River from the Old Fishing
Hole, a City of Kent park facility for youth fishing access, and is.across
West Meeker Street and south of the 18-hole Riverbend Golf Course,
also a City of Kent park facility. Portions of the City of Kent Riverbend
Golf Complex including a mini-golf course, driving range, and an
accessory concessions and shelter building are located on lots 6 - 8 of
the approved short plat, east of the proposed development. The
applicant received preliminary approval of a proposed short plat on
May 4, 2017, (SP-2017-1; KIVA #RPSS-2170221) creating parcels
that would maintain City ownership of these park facilities.
Portions of the Green River Trail, a 19.6-mile paved multi-use path
along the banks of the Green and,Duwamish Rivers between Kent and
Tukwila, are located along the southern and western perimeter of the
project site and atop the Green River levee. This portion of the Green
River Trail is a public recreation facility that is currently owned and
maintained by the City of Kent Parks and Recreation Department.
Plans submitted with the preliminary short plat application show this
portion of the Green River Trail to be in private ownership where it lies
within the proposed Lots 2, .4, and S. Conditions of the short plat
require that the Green River Trail and its vicinity be placed in a
separate tract or easement to establish clear City ownership of, and
public access to, this recreation facility.
The proposed development would displace the Par 3 portion of the
Riverbend Golf Complex, a City of Kent Parks & Community Services
facility, with a private mixed-use/ residential complex. Rezoning and
subdivision of the property, and sale of the Par 3 golf course portion of
the site as a City surplus property, were evaluated by the City through
completion of a SEPA environmental checklist in 2014 (ENV-2014-22).
A Determination of Nonsignificance was issued by the City's SEPA
ofFiclal on July 19, 2014. The Kent City Council voted to approve the
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rezoning of the site In preparation for future surplus and sale of the
Par 3 golf course during the regularly scheduled meeting on August
19, 2014. Revenue from the sale will be used for Improvements and
payment of debt for the 18-hole Riverbend Golf Course located across
West Meeker Street from the proposed development. A purchase and
sale agreement between the developer and the City transferring
ownership of the five lots that are proposed for redevelopment after
final short plat approval and recording of the lots with the King County
Assessor - was approved by the Kent City Council in a regularly
scheduled public meeting on May 2, 2617.
The applicant proposes to construct a public multi-use path along the
West Meeker Street project frontage_, three new paved pedestrian
pathways connecting the West Meeker Street public right of way to the
Green River Trail, and two public trailhead parking facilities. Comments
were received from Melvin Roberts, Chair of the Kent Bicycle Advisory
Board, on February 10, 2017 requesting design of such facilities to
accommodate safe passage. for bicyclists. Mr. Roberts provided
recommendations pertaining to design of the West Meeker Street
public right-of-way and of the paved trail connections onsite, which are
being considered by the applicant and City of Kent planning and public
works staff and, may be Incorporated into the final design and
construction of such facilities.
The City of Kent Downtown Design Guidelines require the provision of
a network of semi-public and private open space in each residential or
mixed-use development. Conceptual plans submitted for the
Development Agreement show the on-site provision of semi-public
facilities such as covered seating and outdoor cooking areas, gaming
areas, and active fitness and recreation facilities such as a pool.
Rooftop open space, shared courtyards, and private balconies are also
shown on conceptual plans. A central plaza located between the two
mixed-use podium buildings will be enclosed by outdoor restaurant
seating areas and serve as the locus point for a pedestrian promenade
connecting the West Meeker Street multi-use path/ sidewalk and the
Green River. Furnishings, amenities, and landscaping will be provided
to attract leisure and recreational activity.by residents and visitors.
�. Historic and Cultural Preservation
Comments were received from Gretchen Kaehler of the Washington
State Department of Archaeology and Historic Preservation (DAHP) on
February 9, 2017, stating that the project area has a high probability
to contain historical archaeological resources, that the project area is
less than 300 feet from previously recorded archaeological site, and
that development of the Riverbend Golf Course may not have
completely destroyed archaeological resources within the project area.
The letter Includes the request for a professional archaeological survey
to be conducted of the site prior,to ground disturbing activities.
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Instrument Number: 201 8031 40008 15 Document:AG Rec: y174.00 Page-96 of 101
Record Date:3/14/2018 2:32 PM King County,WA
Decision Document
Riverbend/Marquee on Meeker Mixed-Use development
ENV-2017-4/RPSW-2170281
The applicant submitted on May 5, 2017 the Archaeological Survey of
the Rlverbend Gateway Multi-Use Project Area, a report written by
Michael Smith and Alexander Gall of Archaeological Services LLC and
dated May 2, 2017.after completing a survey of the project site in
March 2017. The report Includes a description and photographs of the
field examinations that were conducted, states the,findfng that no
archaeological resources were Identified in the project area, and
supports the conclusion that there Is no basis to recommend further
archaeological work on the site, provided that an inadvertent discovery
plan Is in place during construction activities. This report was sent to
DAHP staff and Muckleshoot Indian Tribe representatives on May 9,
2017. No further comments were received by City staff regarding this
matter.
Should archaeological materials (e.g. bones, shell, stone tools, beads,
ceramics, old bottles, hearths, etc.) or human remains be observed
during project activities, all work in the immediate vicinity should stop
and the area secured. The State Department of Archaeology and
Historic Preservation and the City should be contacted immediately in
order to help assess the situation and determine how to preserve the
resource(s). Compliance with all applicable laws pertaining to
archaeological resources and human remains (RCW 27.53, 27.44,
68.50 and WAC 25-48) Is required.
M. Transportation
The proposed development will access West Meeker Street, a Minor
Arterial street, via two driveways connecting the public street with an
interior roadway configured in a loop between the proposed buildings
and in front of'the mixed-use podium buildings. This section of West
Meeker Street is not fully constructed to current.street standards. The
traffic analysis for the Project from Jake Traffic Engineering, Inc.
provides recommendations for improving the turning movements for
ingress and egress. The applicant shall provide adequate ingress and
egress for the City's review with the civil construction plans.
The City of Kent Is currently establishing revised design standards for
the West Meeker Street corridor that seek to promote a broader mix
and higher intensity of land uses and improve safety and
attractiveness for pedestrians and bicyclists along the portions of West
Meeker Street between the Green River and downtown Kent. While
these standards have not yet been finalized or adopted, the developer
will be required.to construct street improvements in the West Meeker
Street right-of-way adjacent to the development substantially in
conformance with these standards. Conceptual plans provided by the
applicant and a consultant serving the City are included as Attachment
3 In the Development Agreement and show a single vehicular travel
lane in each direction with a center turn lane interrupted at intervals
by curbed planter strips located within the median, and a parallel
-parking lane on the south edge of West Meeker Street along the
Page 12 of 15
Instrument Number: 20180314000845 Document:AG Rec: S174.00 Page-97 of 101
Record Date:3/14/2018 2:32 PM King County,WA
Decision Document
Rlverbend/-Marquee onMeeker Mixed-Use Development
ENV-2017-4/RPS W-2170281
project frontage. Curb bulb-outs designed to meet fire access and ADA
requirements will provide a reduced pedestrian crossing distance
between the paved multi-use path/ sidewalk to be constructed along
the southern portion of the West Meeker Street public right-of-way and
the existing sidewalk,located on the north edge of the street via raised
concrete intersections designed to reduce the speed of approaching
vehicles and increase the visual prominence of pedestrians utflizfig the
crossing.
This proposed development will add an estimated 226 PM peak hour
trips to.the public street system, based. on the traffic report provided
by the applicant and reviewed by City engineering staff. It has been
determined that the proposed development will cause incremental
impacts to the regional and local transportation systems. The proposed
project will be assessed.Transportation Impact Fees at the time of
building permit issuance in accordance with City of Kent Ordinance
#3992 and the terms of the Development Agreement. A portion of the
Transportation Impact Fees that would be assessed for the proposed
project under Kent City Code will be offset by development by the
applicant of the right of way improvements within and along the West
Meeker Street frontage as shown in conceptual plans, as discussed In
the Development Agreement and described above.
The Washington State Legislature created the Commute Trip Reduction
(CTR) Law In 1991 with the goals of reducing traffic congestion, air
pollution and petroleum consumption. This law requires major
employers to encourage thelr employees to use commute alternatives
such as transit, carpools, bicycles, walking, compressed work weeks,
telecommuting, and Flexible work schedules to reduce drive alone
commute trips during the peak congestion periods. The City addresses
the transit alternative by requiring that the applicant accommodate the
needs for transit as expressed. by King County Metro Transit.
There is a King County Metro Transit bus stop located on West Meeker
Street adjacent to the northeast portion of the site, serving Metro bus
,routes 15.8, 159, 166, and 183. Comments were received from Metro
staff indicating that Rapid bus service will be provided at this stop in
the future. The applicant is relocating the existing bus stop and will be
required to provide sidewalk area sufficient for full ADA accessibility for
front -door boarding, rear door alightings and .pedestrian circulation,.
and Installation.of shelter and litter receptacle footings at the back of
the sidewalk, per Metro specifications. KC Metro will subsequently
provide, install, and maintain the bus stop shelter and litter receptacle
accordingly.
N. Public Services
The proposed development will have incremental impacts on .police,
fire, medical and emergency, schools, and other public services in
proportion to the increase in the number of residents and amount of
commercial activity. Fire impact fees and school impact fees will be
Page 13 of 15
Instrument Number: 20180314000845 Document:AG Rec: 5174.00 Page-98 of 101
Record Date:3/14/2018 2:32 PM King County,WA
Decision Document
Riverbend/Marquee.on Meeker Mixed-Use Development
ENV-2017-4/RPSW-2170281
required of this development per KCC 12.13 and 12.15, to be paid at
the time of building permit issuance and as stated in the Development
Agreement,
O_. Utilities
Water, sewer, storm, electricity, telephone, cable, natural gas, and
solid waste services are available. to the site. The applicant is
responsible for contacting each agency separately for more
information.
Water service for the proposed development will be provided by
connecting to an existing City of Kent water line located in West
Meeker Street. The water supply may be Inadequate to provide
required fire suppression, and the applicant may need to incorporate
additional measures to ensure adequate supply for fire suppression
purposes. The applicant shall demonstrate that adequate fire flow will
be available to serve any proposed development on the site per the
applicable fire codes. This analysis will be.provided in conjunction with
review of civil construction permits.
Sewer service for the proposed development is proposed via a
connection to the West Hill Trunk, a King County Wastewater
Treatment Division (WTD) sewer main located in West Meeker. Street
immediately adjacent to the site. Connection to this main requires
permission from WTD; Design and construction drawings must be
submitted to King County Wastewater`Treatment Division staff for
review and approval prior to construction. Comment letters from King
County staff were received on February 9, 2017 and on May 8, 2017
Informing City of Kent staff and the applicant of King County WTD
jurisdiction and review.
IV. SUMMARY AND RECOMMENDATION
A. Per WAC 197-11-660 and RCW 43.21C.060, the City of Kent may
establish conditions to mitigate any identified impacts associated with
this proposal. The following supporting documents serve as possible
bases for any conditions and mitigating.measures:
1. City of Kent Comprehensive Plan, as prepared and adopted
pursuant to the State Growth Management Act.
2. The State Shoreline. Management Act and the Kent Shoreline
Master Program.
3. Kent City Code Section 7.07;Surface Water and Drainage Code.
4. City of Kent Transportation Plan, Green River Valley
Transportation action plan and current Six-Year Transportation
Improvement Plan.
5. Kent City Code Section 7.09, Wastewater Facilities Plan.
6. City of Kent Comprehensive Water Plan and Conservation
Element.
7. Kent City Code Section 6.02, Required Public Improvements.
Page 14 of 15
Instrument Number: 2018031.1000845 Document:AG Rec: 5174.00 Page-99 of 101
Record Date:3/14/2018 2:32 PM King County,WA
Dedsion Document
Riverbend/Marquee on Meeker Mixed-Use Development
ENV-2017-4/RPS W-2170281
8. Kent City Code Section 6,07, Street Use Permit Requirements.
9. Kent City Code Section 14.09, Flood Hazard Protection.
10. Kent City Code Section 12.04, Subdivision Code.
11. Kent City Code Section 12.05, Mobile Home Parks and Section
12.06, Recreation Vehicle Parks.
12. Kent City Code Section 8.05, Noise Control.
13. City of Kent International Building and Fire Codes.
14. Kent City Code Section 15, Kent Zoning Code.
15. Kent City Code Section 7.13, Water Shortage and Emergency
Regulations, and Water Conservation Ordinance 2227.
16. Kent City Code Section 6.03, Improvement Plan Approval and
Inspection Fees.
17. Kent City Code Section 7.05, Storm and Surface Water Drainage
Utility.
18. City of Kent Comprehensive Sewer Plan.
19. City of Kent Fire Master Plan.
20. Kent City Code Section 11.06, Critical Areas.
It is recommended that a Determination of Nonsignificance (DNS) be issued for this
project.
KENT PLANNING SERVICES
Jun 217
JG\ct\5:\Permlt\Pian\ENV\2017\Riverbend\2170281_2017-4_RiverbendENV dci eeon3-QINAL.d e
Page is of is
Instrument Number: 20180314000845 Document:AG Rec: $174.00 Page-100 of 101
Record Date:3/14/2018 2:32 PM King County,WA
REQUEST FOR MAYOR'S SIGNATURE
KENT Print on Cherry-Colored Paper
Routing Information:
(ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Approved by Director
Originator: Kurt Hanson/Tom Brubaker .Phone (Originator).,vr, /X5782
Date Sent:8/23/17 Date'Required:8/23/17
Return Signed Document to:Cheryl Rolcik-Wilcox Contract Termination Date:8/23/27
VENDOR NAME: Date Finance Notified:
(Only required on contracts
Marquee on Meeker tLC fi�la
20 000 and over or on any Grant
DATE OF COUNCIL APPROVAL: 8/15/17 Date Risk Manager Notified:
Re uired on Won-crty Standard Contracts ieemerits
=AuthoHzed'in
Document been Specificall Account Number:
the Budget? YES: NO
Brief Explanation of Document:
Marquae on Meeker Project Development Agreement .
KE Must Be Routed Through The Law Department
AUG.763 2017 (This area to be completed by the Law D a nt)
Reproved
. Approval of.,Law Dept.: -
Law
DatdPWa . edT6 A5vyor!—
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Instrument Number: 20180314000845 Document:AG Rec: S174.00 Page-101 of 101
Record Date:3/14/2018 2:32 PM King County,WA
IMAGE LIST FOR MARQUEE .ON MEEKER
'All image documents are on file with the City and will be retained in the City Clerk's Office
as Forever records.
• Map A 87Lot Short Plat (vicinity map/site plan)
• Map B Riverbend Mixed Use.Development(vicinity map/site plan)
• .TITLE-SHEET FOR ATTACHTMENT 3: Description of Project(Including design review,
conceptual plan and elevations):
Draft image of Riverbend Gateway Development Site
Image, plans of Ground Floor Plans
Image, plans of.Podium Level 2
Image, plans of Podium Level 3
Image, plans of Podium Level 4 -
image, plans of Podium Level 5
Draft Image of elevations: Podium
Draft Image of elevations:Podium,
Draft Image of elevations: Podium
Draft Image of elevations: Podium
Draft Image of elevations: Podium
Draft Image of elevations: Podium
Draft Image of the.Site Design.
Image, plans of Urban Quad 1
Image, plans of Urban Quad 2
Image, plans of Urban Quad.3
Image, plans,of Urban Quad 4
Image, Building:.Urban Quad 1
Image, Building: Urban Quad 2
Image, Building: Urban Quad 3
Image,Attachment 3 Meet Me on Meeker Conceptual.Design
Image,Attachment 3 Meet Me on Meeker Design Elements Pg. 1
Image,Attachment 3 Meet Me on Meeker Design Elements Pg. 2
Image;Attachment 3 Meet Me on Meeker Design Elements Pg. 3
Image,Attachment 3 Meet'Me on Meeker Design Elements Pg.4
Image,Attachment 3 Meet Me on Meeker Design Elements Pg. 5
Image,Attachment 3 Meet Me on Meeker Design Elements Pg. 6
• Image of Rive rbend Gateway Project Phasing Plan