HomeMy WebLinkAboutCity Council Committees - Kent City Council - 08/25/2020 (2)
KENT CITY COUNCIL
COMMITTEE OF THE WHOLE
Tuesday, August 25, 2020
4:00 PM
THIS IS A REMOTE MEETING
THIS IS A REMOTE MEETING DUE TO THE COVID-19
CORONAVIRUS EMERGENCY
A live broadcast is available on Kent TV21,
www.facebook.com/CityofKent, and
www.youtube.com/user/KentTV21
To listen to this meeting, call 1-888-475-4499 or 1-877-853-5257
and enter Meeting ID 988 6360 1887
Mayor Dana Ralph
Council President Toni Troutner
Councilmember Bill Boyce Councilmember Marli Larimer
Councilmember Brenda Fincher Councilmember Zandria Michaud
Councilmember Satwinder Kaur Councilmember Les Thomas
**************************************************************
Item Description Speaker
1. CALL TO ORDER
2. ROLL CALL
3. AGENDA APPROVAL
Changes from Council, Administration, or Staff.
4. DEPARTMENT PRESENTATIONS
A. Payment of Bills Paula Painter
B. Star Lake Rezone Ordinance - Adopt Samuel Alcorn
C. King County Flood Control District Milwaukee 2 Levee
Interlocal Agreement Amendment - Authorize
Stephen Lincoln
D. Amendment to the Interlocal Agreement with the Water
Resource Inventory Area 8 - Authorize
Mike Mactutis
E. Amendment to the Interlocal Agreement with the City of Sean Bauer
Committee of the Whole Committee of the Whole -
Regular Meeting
August 25, 2020
Covington - Authorize
F. INFO ONLY: Quiet Zone Update Rob Brown
5. ADJOURNMENT
NOTE: A copy of the full agenda is available in the City Clerk's Office and at
KentWA.gov.
Any person requiring a disability accommodation should contact the City Clerk's
Office in advance at 253-856-5725. For TDD relay service, call the Washington
Telecommunications Relay Service 7-1-1.
FINANCE DEPARTMENT
Paula Painter, Finance Director
220 Fourth Avenue South
Kent, WA 98032
253-856-5264
DATE: August 25, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: Payment of Bills
MOTION: Approve the Payment of Bills
SUMMARY:
BUDGET IMPACT:
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
4.A
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ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT
Kurt Hanson, Economic and Community Development Director
220 Fourth Avenue South
Kent, WA 98032
253-856-5454
DATE: August 25, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: Star Lake Rezone Ordinance - Adopt
MOTION: Adopt Ordinance No. 4367, approving the Star Lake Rezone
application from half CC-MU (Community Commercial - Mixed Use) and half
MRT-16 (Multifamily Residential Townhouse) to GC-MU (General
Commercial - Mixed Use).
SUMMARY: 272nd Street and I-5, LLC owns property located at 2526 South 272nd
Street and has requested the City rezone the property from half CC-MU
(Community Commercial - Mixed Use) and half MRT-16 (Multifamily Residential
Townhouse) to GC-MU (General Commercial - Mixed Use).
The GC-MU zoning district is consistent with the existing Comprehensive Plan Land
Use Map designation of MU - Mixed Use. This 2.32-acre property abuts the future
site of the Star Lake light rail station. Surrounding properties are zoned as
multifamily residential. The subject site is developed as a single-family house,
which is currently vacant and in disrepair.
Kent City Code 15.09.050 establishes five criteria for granting a request for rezone
which help ensure consistency with the Comprehensive Plan, nearby land uses, and
available infrastructure and services. After conducting an open record public
hearing on July 29, 2020, the hearing examiner recommended the Star Lake rezone
application be approved. City planning staff agrees with the hearing examiner’s
recommendation and recommends Council accept it.
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
4.B
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ATTACHMENTS:
1. StarLakeRezone Ordinance (PDF)
2. Kent - Star Lake Rezone Decision (PDF)
3. Star Lake Rezone Staff Report (PDF)
4. Star Lake Rezone Application (PDF)
5. Star Lake Rezone Application Narrative (PDF)
6. Star Lake Rezone Site Plan (PDF)
4.B
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1 Star Lake Rezone
ORDINANCE NO. 4367
AN ORDINANCE of the City Council of the
City of Kent, Washington, relating to land use and
zoning, specifically the rezoning of a 2.32-acre
parcel located at 2526 South 272nd Street, Kent,
Washington from half CC-MU (Community
Commercial – Mixed Use) and half MRT-16
(Multifamily Residential Townhouse) to GC-MU
(General Commercial – Mixed Use).
RECITALS
A. An application to rezone one parcel totaling approximately 2.32
acres in size from the current zoning of half CC-MU (Community Commercial
– Mixed Use) and half MRT-16 (Multifamily Residential Townhouse) to GC-MU
(General Commercial – Mixed Use), was filed on December 12, 2019, by Imad
Bahbah of IHB Architects (Star Lake Rezone CPZ-2019-2, KIVA#RPP4-
2195112).
B. On June 26, 2020 the City’s SEPA Responsible Official issued a
Determination of Nonsignificance for the Star Lake rezone (ENV-2020-3,
KIVA #RPSW-2200552).
C. After the publication and giving of notice, a public hearing on
the Star Lake rezone was held before the Hearing Examiner on July 29,
2020. Following the public hearing, on August 12, 2020, the Hearing
Examiner issued his findings and conclusions that the Star Lake Rezone is
consistent with the City’s comprehensive plan, that the proposed rezone and
any subsequent development would be compatible with the existing
neighborhood, that the proposed rezone would not unduly burden the
4.B.a
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2 Star Lake Rezone
transportation system, that circumstances have changed substantially to
warrant the proposed rezone, and that the proposed rezone would not
adversely affect public health, safety and general welfare of the citizens of
the city of Kent.
D. Based on these findings and conclusions, the Hearing Examiner
recommended Council approve the Star Lake Rezone.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. – Hearing Examiner’s Findings and Conclusions Adopted.
The Hearing Examiner’s findings and conclusions pertaining to the Star Lake
Rezone issued on August 12, 2020, are consistent with sections
15.09.050(A)(3) and 15.09.050(C) of the Kent City Code. The findings of
the hearing examiner are accepted, and the Kent City Council adopts the
Hearing Examiner’s recommendation for approval of the Star Lake Rezone
of the 2.32-acre parcel from half CC-MU (Community Commercial – Mixed Use)
and half MRT-16 (Multifamily Residential Townhouse) to GC-MU (General
Commercial – Mixed Use).
SECTION 2. – Rezone. The property located at 2526 South 272nd
Street, Kent, Washington, consisting of approximately 2.32 acres of land as
depicted in the attached and incorporated Exhibit “A,” and legally described
in the attached and incorporated Exhibit “B,” is rezoned as follows:
King County tax parcel number 7682800195 located in
Kent, Washington, shall be rezoned from half CC-MU
(Community Commercial – Mixed Use) and half MRT-16
(Multifamily Residential Townhouse) to GC-MU (General
Commercial – Mixed Use).
The city of Kent zoning map shall be amended to reflect the rezone granted
above.
4.B.a
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3 Star Lake Rezone
SECTION 3. – Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering; or
references to other local, state or federal laws, codes, rules, or regulations.
SECTION 4. – Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this ordinance
and that remaining portion shall maintain its full force and effect.
SECTION 5. – Effective Date. This ordinance shall take effect and be
in force thirty 30 days from and after its passage.
September 1, 2020
DANA RALPH, MAYOR Date Approved
ATTEST:
September 1, 2020
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
September 4, 2020
Date Published
APPROVED AS TO FORM:
_____
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
4.B.a
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Exhibit B
Star Lake Rezone
Property Legal Description
SECOMA HI-WAY TRS LESS POR FOR RD, PLAT LOT: 43
4.B.a
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Findings, Conclusions, and Recommendation
City of Kent Hearing Examiner
Star Lake Rezone
No. RZ-2019-2, KIVA #RPP4-2195112
Page 1 of 10
LAND USE HEARING EXAMINER
CITY OF KENT
Andrew M. Reeves
Hearing Examiner
In the Matter of the Application of ) No. RZ-2019-2
) KIVA #RPP4 - 2195112
)
Imad Bahbah, on behalf of ) Star Lake Rezone
IHB Architects )
)
) FINDINGS, CONCLUSIONS,
For a Rezone ) AND RECOMMENDATION
SUMMARY OF DECISION
The Hearing Examiner recommends that the request for a rezone of a 2.32-acre
parcel from a split-zone designation of “Multi-Family Residential Townhouse” (MR-
T16) and “Community Commercial – Mixed Use” (CC-MU) to the “General
Commercial – Mixed Use” (GC-MU) zoning district, at 2526 S. 272nd Street, be
APPROVED.
SUMMARY OF RECORD
Hearing Date:
The Hearing Examiner held an open record hearing on the request on July 29,
2020, using remote meeting technology in light of the ongoing COVID-19
pandemic.
Testimony:
The following individuals presented testimony under oath at the open record
hearing:
Sam Alcorn, City Planner
Imad Bahbah, Applicant Representative
Exhibits:
The following exhibits were admitted into the record:
1. Staff Report, dated July 29, 2020
2. Zoning Map Amendment (Rezone) Application, received December 12, 2019;
Rezone Application Narrative, dated November 20, 2019; Site Plan; Vicinity
Map; Proposed Site Plan and Ground Floor Map, dated June 4, 2019
4.B.b
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Findings, Conclusions, and Recommendation
City of Kent Hearing Examiner
Star Lake Rezone
No. RZ-2019-2, KIVA #RPP4-2195112
Page 2 of 10
3. Distribution of Staff Report & Agenda, dated July 20, 2020
4. Distribution of Public Hearing Notice, dated July 17, 2020, with Affidavit of
Mailing, dated July 17, 2020
5. Notice of Public Hearing, with Affidavit of Posting, dated July 16, 2020
6. Notice of Public Hearing ad for publication in Kent Reporter on July 17, 2020
7. Notice of Application, dated February 28, 2020; Affidavit of Posting, dated
February 28, 2020, with Distribution of NOA Material, dated February 27,
2020, and Declaration of Delivery, dated February 27, 2020
8. Notice of Application, ad for publication in Kent Reporter on February 28,
2020
9. SEPA Information:
a. Environmental Checklist, received February 13, 2020
b. Environmental Review Report, dated June 26, 2020
c. Determination of Nonsignificance, dated June 26, 2020
10. Critical Areas Information:
a. Critical Area Report for Wetlands & Streams, J.S. Jones and Associates,
Inc., dated April 6, 2020
b. Letter from Theresa R. Dusek, dated May 6, 2020
11. Comments:
a. Letter from Washington State Department of Ecology, dated March 12,
2020
b. Letter from Washington State Department of Ecology, dated July 8, 2020
12. Certificate of Water Availability, revised July 25, 2019
13. Certificate of Sewer Availability, dated November 27, 2019
FINDINGS
Application and Notice
1. Imad Bahbah, on behalf of IHB Architects (Applicant),1 requests a zoning
map amendment to rezone a 2.32-acre parcel from a split-zone designation
of “Multi-Family Residential Townhouse” (MR-T16) and “Community
Commercial – Mixed Use” (CC-MU) to the “General Commercial – Mixed Use”
(GC-MU) zoning district. The property is located at 2526 S. 272nd Street,
adjacent to the Star Lake Park & Ride and future site of the Sound Transit
Link Light Rail Station.2 Exhibit 1, Staff Report, pages 1 and 2; Exhibit 2;
Exhibit 10.
2. The City of Kent (City) determined the rezone application was complete on
February 13, 2020. On February 28, 2020, the City posted notice of the
rezone application, sent notice to public agencies and parties of record, and
1 The submitted application materials list “272nd Street I-5 LLC as the Property Owner. Exhibit 2.
2 The property subject to the rezone request is identified by King County tax parcel number
7682800195. A legal description of the property is included with the application materials. Exhibit 1,
Staff Report, pages 2 and 4; Exhibit 2.
4.B.b
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Findings, Conclusions, and Recommendation
City of Kent Hearing Examiner
Star Lake Rezone
No. RZ-2019-2, KIVA #RPP4-2195112
Page 3 of 10
published notice in the Kent Reporter. The same day, the City notified
property owners within 300 feet of the subject property of the application.
On July 17, 2020, the City mailed or emailed notice of the open record
hearing associated with the rezone request to public agencies and all owners
of property within 300 feet of the subject property, posted notice on -site,
and published notice in the Kent Reporter. The City received no comments
from interested members of the public in response to its notice materials.
The City received one comment from a reviewing agency: the Washington
State Department of Ecology (DOE) provided a general comment letter about
the potential for soil contamination on-site, because of the Asarco Smelter
Plume, and the need for appropriate remediation if toxic materials are
discovered during testing or construction. Exhibit 1, Staff Report, page 6;
Exhibits 3 through 8; Exhibit 11.
State Environmental Policy Act
3. The City acted as lead agency and analyzed the environmental impacts of the
proposal, as required by the State Environmental Policy Act (SEPA), Chapter
43.21C Revised Code of Washington (RCW). The City reviewed the
Applicant’s Environmental Checklist and other information on file and
determined that the proposal would not have a probable significant adverse
impact on the environment. On June 26, 2020, the City issued a
Determination of Nonsignificance (DNS) for the proposal. The City provided
notice of the DNS as required by the municipal code, with a comment
deadline of July 10, 2020. DOE provided comments similar to those it
provided in response to the notice of application, concerning potential soil
contamination on-site. No other comments specific to SEPA were received,
and the DNS was not appealed. Exhibit 1, Staff Report, page 3; Exhibit 9;
Exhibit 11.
Existing Site and Comprehensive Plan
4. The property, which is approximately 2.32-acres, was annexed into the City
of Kent in 1997, under Ordinance No. 3351. The site is generally flat and is
developed with a single-family house, which is currently vacant and in
disrepair. The house would be removed through development of the
property. There are no sensitive or critical areas on-site, although McSorley
Creek and a large wooded wetland are located off-site to the northwest. J.S.
Jones and Associates, Inc., prepared a Critical Areas Report (CAR), dated
April 6, 2020, that assesses this off-site critical area and determined that the
wetland is a Category II wetland, requiring a 125-foot buffer. The required
buffer would not extend on-site. The City’s third-party wetland consultant
reviewed the delineation and concurred with the assessment in the CAR.
Accordingly, on May 6, 2020, the City approved the delineation and granted
the Applicant a Critical Areas Review permit (No. 2201239). Vegetation on
4.B.b
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Findings, Conclusions, and Recommendation
City of Kent Hearing Examiner
Star Lake Rezone
No. RZ-2019-2, KIVA #RPP4-2195112
Page 4 of 10
the subject property consists primarily of deciduous and evergreen trees,
shrubs, and grass. Exhibit 1, Staff Report, pages 1 through 5.
5. As noted above, the property abuts the Star Lake Park & Ride, to the east,
which will serve as the future site of the Sound Transit Link Light Rail
Station. Property to the west and south is developed with multi-family
apartments. Property to the northeast is developed with a single-family
residence. McSorley Creek and a large wooded wetland area is located
northwest of the site. Exhibit 1, Staff Report, pages 1 through 4; Exhibit 2;
Exhibit 10.
6. The property has frontage along S. 272nd Street, a Minor Arterial, and 26th
Avenue South, a local street. 26th Avenue S. would provide access to the
property upon redevelopment. Sound Transit is reconstructing 26th Avenue
S. as part of the Light Rail extension project and, as a result, the Applicant
must coordinate with Sound Transit about future access to the subject
property. Public water and sewer would be available for future development
on the property, although any future development would require installation
of appropriate stormwater facilities. Exhibit 1, Staff Report, pages 2 through
4; Exhibit 2.
7. The property is designated “Mixed Use” under the City Comprehensive Plan.3
The purpose of the Mixed Use designation is to allow retail, office, and multi-
family residential development, together, in the same area. City
Comprehensive Plan, page 38. The Comprehensive Plan identifies the
“General Commercial – Mixed Use” (CG-MU) zoning district as compatible
with the Mixed Use designation. Exhibit 1, Staff Report, page 7.
8. City staff identified several Comprehensive Plan goals and policies as relevant
to the request to rezone the property. Specifically:
Ensuring a land use pattern that provides overall densities in the
planning area that are adequate to efficiently suppor t a range of public
facilities and urban services. Goal LU-1.
Providing adequate land and densities to accommodate the City’s 20-
year housing target of 10,858 new dwelling units within the Kent
Planning Area. Goal LU-6.
Locating housing opportunities with a variety of densities within close
proximity to employment, shopping, transit, and human and
community services. Policy LU-6.3.
3 On May 14, 2018, the Kent City Council approved a request, from the Applicant, to have the
designation of the subject property amended under the Comprehensive Plan. The amendment
changed the designation of the northern half of the property from “Low Density Multifamily” to “Mixed
Use.” The southern half of the property was already designated Mixed Use under the Comprehensive
Plan and remained so. Exhibit 1, Staff Report page 3.
4.B.b
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Findings, Conclusions, and Recommendation
City of Kent Hearing Examiner
Star Lake Rezone
No. RZ-2019-2, KIVA #RPP4-2195112
Page 5 of 10
Providing opportunities for a variety of housing types, options, and
densities throughout the city to meet the community’s changing
demographics. Goal LU-7.
Examining commercial nodes, corridors, and subareas for existing
attributes and opportunities to revitalize commercial uses, to connect
with surrounding residential neighborhoods, and to support multi-
modal transportation facilities. Policy LU-10.1.
Exhibit 1, Staff Report, page 6.
Site-Specific Rezone
9. The property is currently split-zoned, with the northern half designated as
“Multi-Family Residential Townhouse” (MR-T16) and the southern half
designated as “Community Commercial – Mixed Use” (CC-MU). Under Kent
City Code (KCC) 15.03.010, it is “the purpose of the MR-T districts to provide
suitable locations for low to medium density multi-family residential
development where home ownership is encouraged,” and the purpose of the
CC district is “to provide areas for limited commercial activities that serve
several residential neighborhoods” and to “provide opportunities for mixed
use development” consistent with the Comprehensive Plan. Exhibit 1, Staff
Report, pages 6 and 7; Exhibit 2.
10. The Applicant requests that the property be rezoned to the “General
Commercial – Mixed Use” (GC-MU) zoning district. The purpose and intent of
the general commercial (GC) district is to:
provide for the location of commercial areas developed along
certain major thoroughfares; to provide use incentives and
development standards which will encourage the redevelopment
and upgrading of such areas; to provide for a range of trade,
service, entertainment, and recreation land uses which occur
adjacent to major traffic arterials and residential uses; and to
provide areas for development which are automobile-oriented
and designed for convenience, safety, and the reduction of the
visual blight of uncontrolled advertising signs; traffic control
devices, and utility equipment. It is also the purpose of this
district to provide opportunities for mixed use development
within the designated mixed use overlay boundary, as
designated by the comprehensive plan.
KCC 15.03.010.
11. The Applicant submitted a project narrative with its application materials.
The project narrative argues that a site-specific rezone to the GC-MU zoning
district should be approved because:
4.B.b
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Findings, Conclusions, and Recommendation
City of Kent Hearing Examiner
Star Lake Rezone
No. RZ-2019-2, KIVA #RPP4-2195112
Page 6 of 10
The rezone would be consistent with the Comprehensive Plan, which
currently has the entire site designated for Mixed Use development.
A mixed-use development with available multi-family units would be
compatible with the surrounding zoning designations.
The proposal would not burden the transportation system. The
transportation system in the area is being upgraded, on the adjacent
property, through construction of a Light Rail station and larger park-
and-ride facility. This creates a prime opportunity for vibrant, mixed-
use projects to be sited on adjacent properties that serve both
commuters and residents.
The selection of the adjacent park-and-ride facility as the location of
the new Light Rail station constitutes a substantial change in
circumstance impacting the property.
The proposed rezone would not adversely affect the health, safety, and
general welfare of area residents, and the intention of the rezone and
subsequent development is to provide a more active urban
environment, adjacent to the new Light Rail station.
The proposed rezone is contiguous to an existing mixed-use overlay
area and is over one acre in size.
There are commercial uses and residential development in the
immediate vicinity that would support additional residential and
commercial development on-site.
Glenn Nelson Park is nearby, as well as the waterfront due west.
Exhibit 2.
12. City staff reviewed the proposal for compliance with the criteria for a rezone
under KCC 15.09.050.C and determined:
The Comprehensive Plan dictates that the GC-MU zoning district is
consistent with the MU designation. Moreover, several Comprehensive
Plan goals and policies (as described above) support the rezone
request.
Land uses allowed in the GC-MU zone, together with the mixed-use
development regulations and design guidelines, encourage dense, high
quality, pedestrian-friendly development near mass transit stations,
and allow for commercial or multi-family residential housing if part of a
mixed-use development.
Surrounding properties are primarily developed with multi-family
structures, with some commercial uses located approximately 1/3 mile
to the west, along SR-99. The GC-MU zoning district allows for
commercial uses, such as retail and services, that are compatible with
mixed-use development. Rezoning the property to GC-MU would allow
greater flexibility in developing the site because the GC-MU district
allows a wider variety of commercial uses than the CC-MU district, and
it only requires 5 percent (as opposed to 25 percent) of the gross floor
4.B.b
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Findings, Conclusions, and Recommendation
City of Kent Hearing Examiner
Star Lake Rezone
No. RZ-2019-2, KIVA #RPP4-2195112
Page 7 of 10
area of a mixed-use development to be commercial. This, then, would
allow for more residential units to be constructed, if development of
the Light Rail station dictates the need for more housing.
Alternatively, the GC-MU designation would allow for the entire
property to be developed commercially because the GC-MU zone does
not require a residential component. Either development scenario
would be consistent with the Comprehensive Plan and surrounding
development.
Any increase in traffic from changing the zoning designations for the
property would be minimal, especially given the adjacent access to
mass transit. Future site development may require upgrades to S.
272nd Street and 26th Avenue S., although Sound Transit is upgrading
these roadways through development of the new Light Rail station.
Impacts on the regional transportation system would likely be
mitigated by payment of transportation impact fees, as required by the
municipal code. The proposal would not unduly burden the
transportation system in the vicinity of the property.
Sound Transit received funding in 2008 to extend the light rail system
from SeaTac Airport to the property adjacent to the site (and beyond).
Since then, housing prices and demand have increased substantially in
the region, with housing and commercial services near reliable public
transportation infrastructure becoming especially desirable. The
rezone would accommodate this increased demand by allowing a
greater percentage of any mixed-use development to be residential
units.
Subsequent development on the site would have to meet all applicable
codes and regulations, including requirements of the International
Building and Fire Codes, ensuring the proposal would not have adverse
effects on the health, safety, and general welfare of area residents.
Exhibit 1, Staff Report, pages 6 through 9.
Testimony
13. City Planner Sam Alcorn testified generally about the application and how the
proposal would comply with the goals and policies of the City’s
Comprehensive Plan and meet the site-specific rezone requirements of KCC
15.09.050.C. He also noted that, under KCC 15.09.050.E, properties
rezoned to an area with a mixed-use overlay must be evaluated to determine
whether the site is adjacent to or has convenient access to transit stops,
parks, and community facilities; is of an appropriate size; and is within an
area with close proximity to existing residential and commercial uses that
would support further residential development. Mr. Alcorn testified that the
site would meet these criteria. Testimony of Mr. Alcorn.
4.B.b
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Findings, Conclusions, and Recommendation
City of Kent Hearing Examiner
Star Lake Rezone
No. RZ-2019-2, KIVA #RPP4-2195112
Page 8 of 10
14. Applicant Representative Imad Bahbah testified that the City did a thorough
job in explaining the proposal and that the Applicant concurs with the City’s
assessment. He noted that it is likely that the Applicant would develop the
site with multi-family residential units with some commercial development as
well. Testimony of Mr. Bahbah.
Staff Recommendation
15. City staff reviewed the application and recommend approval without
conditions. Exhibit 1, Staff Report, page 9.
CONCLUSIONS
Jurisdiction
The Hearing Examiner has jurisdiction to hold an open record hearing on quasi-
judicial actions, including this rezone, and to issue a written recommendation for
final action to the City Council, pursuant to RCW 35A.63.170 and Kent City Code
Chapters 2.32, 12.01, and 15.09.
Criteria for Review
KCC 15.09.050.C sets forth the standards and criteria the Hearing Examiner must
use to evaluate a request for a rezone. A request for a rezone shall only be granted
if:
1. The proposed rezone is consistent with the Comprehensive Plan;
2. The proposed rezone and subsequent development of the site
would be compatible with development in the vicinity;
3. The proposed rezone will not unduly burden the transportation
system in the vicinity of the property with significant adverse
impacts which cannot be mitigated;
4. Circumstances have changed substantially since the establishment
of the current zoning district to warrant the proposed rezone; and
5. The proposed rezone will not adversely affect the health, safety and
general welfare of the citizens of the City of Kent.
The criteria for review adopted by the Kent City Council are designed to implement
the requirement of chapter 36.70B RCW to enact the Growth Management Act. In
particular, RCW 36.70B.040 mandates that local jurisdictions review proposed
development to ensure consistency with City development regulations, considering
the type of land use, the level of development, infrastructure, and the
characteristics of development. RCW 36.70B.040.
Conclusions Based on Findings
1. The proposed rezone would be consistent with the Comprehensive
Plan. The proposed rezone from a split-zone designation of “Multi-Family
Residential Townhouse” (MR-T16) and “Community Commercial – Mixed Use”
4.B.b
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Findings, Conclusions, and Recommendation
City of Kent Hearing Examiner
Star Lake Rezone
No. RZ-2019-2, KIVA #RPP4-2195112
Page 9 of 10
(CC-MU) to the “General Commercial – Mixed Use” (GC-MU) zoning district
would permit development consistent with the Comprehensive Plan
designation of the property as Mixed Use. In addition, the rezone would be
consistent with several Comprehensive Plan goals and policies, including:
locating housing opportunities with a variety of densities within close
proximity to employment, shopping, transit, and human and community
services; allowing and encouraging a variety of housing types and densities
throughout the city; and ensuring residential development revitalizes
commercial uses, connects with surrounding neighborhoods, and supports
multimodal transportation facilities. Findings 1, 4 – 15.
2. The proposed rezone and any subsequent development would be
compatible with the existing neighborhood. Properties south and west
of the site are developed as multi-family apartments. A future Light Rail
station is being constructed adjacent to the property, to the east. Property
to the northwest is developed with a single-family residence and property to
the northwest contains critical areas, including McSorley Creek. Accordingly,
allowed uses within the GC-MU zoning district, including use of the site for
multi-family residential development (with a mixed use component) or
commercial development would be compatible with other development in the
vicinity. Findings 4 – 15.
3. The proposed rezone would not unduly burden the transportation
system. The Applicant anticipates a level of development that would not
adversely impact traffic in the area. Traffic impacts from subsequent
development would likely be mitigated through payment of transportation
impact fees and compliance with City roadway improvement construction
standards, including construction of street and sidewalk improvements along
the property frontages. Findings 1, 4 – 15.
4. Circumstances have changed substantially to warran t the proposed
rezone. Development of a new Light Rail station on property adjacent to the
site constitutes a substantial change in circumstance warranting the rezone.
Housing prices and demand have increased substantially in the region, with
housing and commercial services near reliable public transportation
infrastructure becoming especially desirable since Sound Transit received
funding to expand the light rail system. The proposed rezone would satisfy
this demand. Findings 1, 4 – 15.
5. The proposed rezone would not adversely affect public health, safety,
and general welfare. The City gave reasonable notice of the rezone
application and the associated open record hearing. No public comments
were received on the proposal. The City also determined that the proposal
would not have significant, adverse environmental impacts. Accordingly, the
4.B.b
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Findings, Conclusions, and Recommendation
City of Kent Hearing Examiner
Star Lake Rezone
No. RZ-2019-2, KIVA #RPP4-2195112
Page 10 of 10
City issued a DNS, which was not appealed. City water and sanitary sewer
services are available to the site. In addition, subsequent development on
the site would have to meet all applicable codes and regulations, including
requirements of the International Building and Fire Codes, ensuring the
proposal would not have adverse effects on the health, safety, and general
welfare of area residents. Findings 1 – 15.
RECOMMENDATION
Based upon the preceding findings and conclusions, the Hearing Examiner
recommends that the Applicant’s request to rezone a 2.32-acre parcel from a split-
zone designation of “Multi-Family Residential Townhouse” (MR-T16) and
“Community Commercial – Mixed Use” (CC-MU) to the “General Commercial –
Mixed Use” (GC-MU) zoning district, at 2526 S. 272nd Street, be APPROVED.
DATED this 12th day of August 2020.
ANDREW M. REEVES
Hearing Examiner
Sound Law Center
4.B.b
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ECONOMIC & COMMUNITY DEVELOPMENT
Kurt Hanson, Director
PLANNING SERVICES
Erin George, AICP, Current Planning Manager
Phone: 253-856-5454
Fax: 253-856-6454
Address: 400 W Gowe St
Kent, WA 98032-5895
KENT PLANNING SERVICES
(206) 856-5454
STAFF REPORT
FOR HEARING EXAMINER MEETING OF
July 29, 2020
FILE NO: Star Lake Rezone
RZ-2019-2, KIVA#RPP4-2195112
APPLICANT: 272nd St & I-5 LLC
1 S Grady Way
Renton, WA 98057
AGENT: Imad Bahbah, IHB Architects
21620 84th Ave S
Kent, WA 98032
imad@ihbarchitects.com
REQUEST: To rezone a 2.32-acre parcel to GC-MU,
General Commercial Mixed Use District.
Currently the north half of the parcel is MR-
T16 and the south half is CC-MU.
STAFF
REPRESENTATIVE: Sam Alcorn, Planner
STAFF
RECOMMENDATION: APPROVAL
I. GENERAL INFORMATION
A. Description of the Proposal
The applicant is requesting a Zoning Map Amendment (Rezone) of one
parcel totaling 2.32 acres from half MR-T16 and half CC-MU to be
entirely GC-MU.
B. Location
4.B.c
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Staff Report
Star Lake Rezone
RZ-2019-2, KIVA #RPP4-2195112
Page 2 of 9
The property is located at 2526 S. 272nd Street and is identified as
King County parcel number 7682800195.
C. Size of Property
The one parcel totals 2.32 acres in size.
D. Surrounding Zoning
The site is located near the southwestern edge of the Kent city limits
and abuts the Star Lake Park & Ride to the east. The parcel located
west of the site is zoned MR-M, Medium Density Multifamily
Residential. The parcel to the north is zoned MR-T16, Multifamily
Residential Townhouse. The parcel on the northeastern border of the
site is zoned SR-6. The parcels to the south are outside of Kent city
limits, within the city of Federal Way and are zoned RM-1800
(Multifamily Residential 1 unit/1,800 sf)
E. Land Use
The subject site is developed as a single-family house, which is
currently vacant and in disrepair. The property to the west is
developed as multifamily apartments. The property to the east is
currently the Star Lake Park & Ride and will be the site of the future
Sound Transit Link Light Rail Station. The light rail transit station is
currently under construction, slated to be operational in 2024. The
properties to the south, which are outside the Kent city limits, are
4.B.c
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Staff Report
Star Lake Rezone
RZ-2019-2, KIVA #RPP4-2195112
Page 3 of 9
developed as multifamily apartments. The property to the northeast is
developed as a single-family house. The area to the northwest is a
large wooded wetland area surrounding McSorley Creek. The current
Comprehensive Plan designation of the property is MU, Mixed Use.
F. History
The property is part of 578 acres annexed to the City of Kent in 1997
under Ordinance No. 3351. The subject property was created through
the Interurban Heights Fourth Section as recorded in Volume 17 of
Plats Page 86 in 1909.
On September 25, 2017 the property owner applied to amend the Kent
Comprehensive Plan to change the land use designation of the
property from the northern half being designated as LDMF (Low
Density Multifamily) and the southern half being designated as MU
(Mixed Use) to have the entire site be designated as MU. This
application was approved by Kent City Council on May 14, 2018.
The applicant had a pre-application conference with city staff on July
9, 2019 to discuss the current rezone proposal and received written
comments from city staff on July 25, 2019.
The current Rezone application was received on December 12, 2019.
SEPA and Critical Areas Review applications were received on February
13, 2020.
II. ENVIRONMENTAL CONSIDERATIONS
A. Environmental Assessment
A Determination of Nonsignificance (ENV-2020-3, RPSW-2200552) for
the rezone proposal was issued on June 26, 2020. This decision was
not appealed.
B. Significant Physical Features
Topography, Critical Areas and Vegetation
No critical areas have been identified on the subject site, however,
McSorley Creek and a large wooded wetland are located off-site to the
northwest. According to the Critical Areas Report for Wetlands and
Streams prepared by J.S. Jones and Associates, Inc., dated April 6,
2020, the wetland is classified as Category II with a buffer of 125 feet,
which does not extend onto the site. The City of Kent approved the
delineation on May 6, 2020 through the Critical Areas Review permit
4.B.c
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Star Lake Rezone
RZ-2019-2, KIVA #RPP4-2195112
Page 4 of 9
application 2201239. Vegetation on the subject parcel consists of
deciduous and evergreen trees, shrubs and grass. The site is generally
flat.
C. Significant Social Features
1. Street System
This parcel has frontage along SE 272nd St, a Minor Arterial, and
26th Ave S, a local street. Upon redevelopment, the parcel will
be required to take access from 26th Ave S as it is the lower
classification roadway. 26th Avenue S will be reconstructed by
Sound Transit as part of the Federal Way Link Extension project.
These roads are capable of handling the added capacity of the
proposed higher intensity land use and subsequent future
development of the site. Future access to the site may be
limited in accordance with the current Kent Design and
Construction Standards. Driveways within 300 feet of a
signalized intersection may be denied and must be approved by
the City Engineer. Access location to be coordinated with Sound
Transit.
2. Water System
The site is located within the Highline Water District service
area. A water availability certificate was submitted with the
application, and public water is available to serve the site.
3. Sanitary Sewer System
The site is located within the Midway Sewer District service
area. A sewer availability certificate was submitted with the
application, and public sewer is available to serve the site.
4. Stormwater System
A stormwater system will be necessary to accommodate any
future development. The developer will be required to complete
a drainage analysis and develop and submit drainage plans
prepared in accordance with the City of Kent Surface Water
Design Manual.
III. CONSULTED DEPARTMENTS AND AGENCIES
4.B.c
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Star Lake Rezone
RZ-2019-2, KIVA #RPP4-2195112
Page 5 of 9
The following departments and agencies were advised of this application on
February 28, 2020:
Chief Administrative Officer City Attorney
Director of Public Works Police Department
Parks & Recreation Director Puget Sound Regional Fire Authority
Building Official City Clerk
U.S. Post Master Federal Way School District
Washington State DOT King Co. Metro
Washington State DOE Century Link
Puget Sound Energy King County Transit Division
Highline Water District Midway Sewer District
Sound Transit Muckleshoot Tribe
Duwamish Tribe King Co. Public & Env. Health
Washington State DAHP City of SeaTac
City of Federal Way
A Notice of Application was also published in the Kent Reporter and posted
on the site on February 28, 2020. In addition to the above, all persons
owning property which lies within 300 feet of the site were notified of the
application and of the public hearing on Febraruy 28, 2020.
One public comment was received on this proposal. The Washington State
Department of Ecology commented that the proposed project is located in an
area that may have been contaminated with heavy metals due to the air
emissions originating for the old Asarco smelter in north Tacoma.
Staff response: According to the Tacoma Smelter Plume searchable map
found at: https://fortress.wa.gov/ecy/smeltersearch/, the site is shown to be
in an area of predicted arsenic levels from 40 to 100 ppm. The State
Department of Ecology recommends soil sampling for properties in areas with
estimated arsenic levels above the state cleanup level of 20 parts per million.
Such soil sampling will be recommended as part of future development
permit review. Additional review of impacts and possible mitigation will be
reviewed at the time of a future development proposal.
IV. PLANNING SERVICES REVIEW
A. Comprehensive Plan
The City of Kent has adopted a revised Comprehensive Plan pursuant
to the Growth Management Act (Ordinance #4163, 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
4.B.c
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plan is used by the Mayor, City Council, Land Use and Planning Board,
Hearing Examiner, and the city departments to guide decisions on
amendments to the City’s zoning code and other development
regulations which must be consistent with the plan. It also guides
decisions regarding the funding and location of capital improvement
projects. The Land Use element of the plan contains a Land Use Plan
Map which designates the type and intensity of land uses throughout
the City as well as the entire potential annexation area.
In addition, the City of Kent Comprehensive Plan contains the following
goals and policies which support the proposed rezone and variety of
possible future development options:
Comprehensive Plan:
Goal LU-1: Kent will ensure a land use pattern that provides overall
densities in the planning area that are adequate to efficiently support a
range of public facilities and urban services.
Goal LU-6: Kent will provide adequate land and densities to
accommodate the 20-year housing target of 10,858 new dwelling units
within the Kent Planning Area.
Policy LU-6.3: Locate housing opportunities with a variety of densities
within close proximity to employment, shopping, transit, human and
community services.
Goal LU-7: Kent will provide opportunities for a variety of housing
types, options and densities throughout the city to meet the
community’s changing demographics.
Goal LU-10.1: Examine commercial nodes, corridors and subareas for
existing attributes and opportunities to revitalize the commercial uses,
connect with surrounding residential neighborhoods and support
multimodal transportation facilities.
Planning Services Comment:
The proposed rezone is consistent with the goals and policies of the
Comprehensive Plan. The proposed new zoning designation of GC-MU
is consistent with the Comprehensive Plan land use designation of
Mixed Use. Land uses allowed in this zone, together with the mixed
use development regulations and design guidelines will encourage
dense, high quality, pedestrian friendly development near a mass
4.B.c
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RZ-2019-2, KIVA #RPP4-2195112
Page 7 of 9
transit station and may include commercial or multi-family residential
housing if part of a mixed use development.
B. Standards and Criteria for Granting a Request for Rezone
The following standards and criteria (Kent Zoning Code, Section
15.09.050.C) are used by the Hearing Examiner and City Council to
evaluate a request for a rezone. Such an amendment shall only be
granted if the City Council determines that the request is consistent
with these standards and criteria.
1. The proposed rezone is consistent with the Comprehensive Plan.
Planning Services Comment
In the Kent Comprehensive Plan, the subject parcel is designated as
Mixed Use (MU), which supports the requested zoning designation of
General Commercial Mixed Use (GC-MU). Additionally, the mix of uses
allowed by GC-MU will be consistent with the goals and policies of the
Comprehensive Plan as discussed in Section IV.A above.
2. The proposed rezone and subsequent development of the site
would be compatible with development in the vicinity.
Planning Services Comment
The surrounding parcels are primarily developed with multifamily
structures. Commercial uses are located one third of a mile to the west
of the parcel, along SR 99. The commercial uses that are allowed in
the GC-MU zone are limited to retail and services that are compatible
with mixed use development.
A rezone of the properties to GC-MU will be consistent with the
Comprehensive Plan designation. The current zoning districts allow
stand-alone commercial or mixed use development on the south half
and townhouse residential on the north half. The GC-MU district allows
a wider variety of commercial uses than CC-MU, and only requires 5%
of gross floor area in a mixed use development to be commercial
(versus 25% in the CC-MU district). Thus, the proposed rezone may
result in more residential units and fewer square feet of commercial
space if a mixed use development is constructed. Given proximity to
the incoming light rail station, higher density residential will be an
appropriate use as part of a transit-oriented development. Conversely,
the applicant may choose to develop the entire property as a
commercial use because residential is not required in either GC-MU or
4.B.c
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Staff Report
Star Lake Rezone
RZ-2019-2, KIVA #RPP4-2195112
Page 8 of 9
CC-MU. Either scenario will be consistent with the objectives of the
Mixed Use designation in the Comprehensive Plan and will be
compatible with development in the vicinity.
3. The proposed rezone will not unduly burden the transportation
system in the vicinity of the property with significant adverse
impacts which cannot be mitigated.
Planning Services Comment
Future uses may increase traffic due to new residences or commercial
buildings, but any increase between development allowed in CC-
MU/MRT-16 versus GC-MU is expected to be minimal, especially given
adjacent mass transit access. Future site development may require
upgrades to SE 272nd St and 26th Ave S and existing infrastructure,
although Sound Transit is also upgrading these roadways as part of
the light rail station construction. Transportation impacts resulting
from subsequent redevelopment of the site will likely require
mitigation in the form of payment of Transportation Impact Fees and
the developer meeting the requirements of the City of Kent Design &
Construction Standards for roadway improvements if required.
4. Circumstances have changed substantially since the
establishment of the current zoning district to warrant the
proposed rezone.
Planning Services Comment
Sound Transit received funding in 2008 to extend light rail from
SeaTac Airport to South 272nd Street (which is adjacent to the parcel),
and further south to the Federal Way Transit Center. Since that time,
and subsequent to the approved comprehensive plan amendment
application in 2018, housing prices and demand have increased
substantially in the region. Housing and commercial services near
reliable public transportation infrastructure, like the future light rail
station adjacent to the property, has been especially desirable. The
rezone proposal to GC-MU accommodates this increased demand by
allowing a greater percentage of a mixed use development to be
residential units.
5. The proposed rezone will not adversely affect the health, safety
and general welfare of the citizens of the City of Kent.
Planning Services Comment
4.B.c
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Staff Report
Star Lake Rezone
RZ-2019-2, KIVA #RPP4-2195112
Page 9 of 9
The proposed rezone is consistent with the Kent Comprehensive Plan.
Subsequent development on the site will be required to meet all
applicable codes and regulations, including fire and life safety codes,
and mitigation of anticipated environmental impacts. A Determination
of Nonsignificance was issued on June 26, 2020 for this rezone.
Therefore, the City of Kent finds that this rezone proposal will not
adversely affect the health, safety and general welfare of the citizens
of Kent.
V. CITY STAFF RECOMMENDATION
Upon review of the merits of this request and the Code criteria for granting a
rezone, the City staff recommends APPROVAL with no conditions.
KENT PLANNING DEPARTMENT
July 17, 2020
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App lication #:L/z- a o,/q-7
-Y
Name: Star Lake Mixed-Use Project Rezone
Location:400 W. Gowe. Mailto: 220 4Ih Avenue
Permit Center (2Sg) g56-5302 FAX: (2Sg) 856-6412
www.ci.kent.wa.us/permitcenter
Zoning Map Amendment
(Rezone) Application
Public Notice Board Fee and
Application Fee...See Fee Schedule
Planning
South. Kent, WA
Services
98032-589s
KENT }S¿IWÀsHrNoloN
PLANNING SERVICES
KIVA #
OFFICE USE ONLY
Address/Location: 2526 S.272nd Street, Kent WA 98032 Zone: CC-MU & MR-T16
King County Parcel Number (s):7682Ð0195 Acres: 2'32
]/c Section SE Section 28 Township 22 N Range 4 e
Applicant: (mandatory)
Name:IHB Architects Daytime Phone:253.236.5154
Mailing Address 21620 84th Ave S. - Suite 200 Fax Number: NA
City/State/Zip Kent, WA 98032 Signature:
Contact Person: lmad BahbahProfessional License No: 5475
Property Owner 1: (mandatory if different from applicant; attach additional info/signature sheets if more than oneproperty owner)
Name 272ND ST I-5 LLC Daytime Phone 206-669-4843
Mailing Address:16906 SE 180th PL Fax
City/State/Zip Renton, WA 98058 Signature
Property Owner 2: (if more than two property owners attach additionat info/signature sheets)
Name Daytime Phone
Mailing Address:Fax Number
City/State/Zip: SignaÌure
The above signed property owners, certify that the above information is true and correct to the best of our knowledge
and under penalty of perjury, each state that we are all of the legal owners of the property described above and
designate the following party to act as our agent with respect to this application:
AgenUConsultanUAttorney: (mandatory if primary contact is different from applicant)
Name IHB Architects Daytime Phone 253.236.5154
Mailing Address 21620 84th Ave S. - Suite 200 Fax Number: NA
c Kent, WA 98032 License No.: 5475
Email Address imad@ihbarchitects
OFFICE USE ONLY:
Date Application Received
Date Application Complete
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Received by:
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Section '15.09.050 of the Kent City Code outlines procedures for amendments to the City of Kent Official
Zoning Map. Proposed amendments will be considered by the Hearing Examiner after a public hearing,
and the Hearing Examiner's findings, conclusion and recommendation will be submitted to the City Council,
which has the final authority to approve or deny the request. Zoning map amendments (rezones) can be
submitted and considered at any time during the calendar year.
Description of Proposal:
Current Designation
MR-T16 (north half)
CC-MU (south half)
Requested Designation
GC-MU
GC-MU
Zoning Map:
Reason/ Rationale for proposed Zoning Map Amendment (Rezone)
Since the entire site is currently designated as MU-Mixed Use in the Comp Plan, it would make
zon¡ng sense to create the entire Zone to one zoning designation. We propose GC-MU for
reasons of realistic and reasonable development opportunities such as:
GC-MU allows taller structures to create a more dense and vibrant mixed-use TOD project
GC-MU allows a lower commercial use requirement, which give the developer more opportunity -to create a reasonably sized commercial use to support transit users and apt, tenants.
GC-MU has no FAR, again allowing more developer incentives and opportunities
GHl-2 pscl4046 12_14 p.2of 1l
4.B.d
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$Ffffi Archr*;À
l\rchitecture - P!anning * ,Ëeasl,blllty r Projert ülanactement lmad H. Bahbah, Prìncipal
November 20,2019
Item A - Responses addressing KCC 15.09.050 (C)
Star Lake Mixed-Use Rezone
2526 S. 272ndSt
1. The proposed rezone is consistent with the Comp Plan.
The Gomprehensive Plan designation is currently MU (Mixed-Use) which
incorporates the entire site, therefore the rezone to GG-MU is compatible.
2. The proposed rezone and subsequent development of the site would be compatible with
the development in the vicinity.
Yes, multi-family units on the site will be compatible with the nearby MR and SR
zoning designations. However, considering that this is a TOD site, the rezone to a
dense mixed-use GC-MU zoning allows the development of a true TOD project.
3. The proposed rezone will not unduly burden the transportation system in the vicinity of
the property with significant adverse impacts which cannot be mitigated.
No, it will not unduly burden the transportation system because the transportation
system is being upgraded to a new Light Rail station and larger park-n-ride
facility, all by Sound Transit. Which creates the prime opportunity for a vibrant,
TOD, mixed-use project adjacent that can serve both commuters and residents as
well.
4. Circumstances have changed substantially since the establishment of the current
zoning district to warrant the proposed rezone. Yes, the adjacent park-n-ride has been
selected as the location of the new ST Light Rail station.
5. The proposed rezone will not adversely affect the health, safety and general welfare of
the citizens of the City of Kent. No, it will not adversely affect the issues above. The
rezone is consistent with the Comprehensive Plan and will only add to the area
vitality to the neighborhood and to the City's vision of a more active urban
environment, adjacent to a new Light Rail station.
4.B.e
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Item C - Responses addressing KCC f S.09.0S0 (E)
1. The proposed rezone is contiguous to an existing mixed-use overlay area or is at least
one acre in size. Both conditions are true, the site is already a MU overlay area and
is 2 acres in size.
2. The proposed area is located within close proximity to existing residential uses and
existing commercial uses which would support residential use. Yes, residential uses
exist to the east, south and north. Gommercial uses existing to the east and west
along 272nd within about '/¿to ^/z mile away. Allowing a commercial component at
this site is consistent with TOD planning, due to the future light rail station by
Sound Transit.
3. The proposed area is located in close proximity to transit stops, parks and community
facilities. Yes, the future Light Rail station and park-n-ride are both direcly across
the street. Glenn Nelson park is nearby as well as the waterfront due west.
Regards,
lmad Bahbah, Principal
IHB Architects
4.B.e
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: August 25, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: King County Flood Control District Milwaukee 2 Levee
Interlocal Agreement Amendment - Authorize
MOTION: Authorize the Mayor to sign an amendment to the existing
Interlocal Agreement with the King County Flood Control District for the
Milwaukee II Levee project, subject to final terms and conditions
acceptable to the City Attorney and Public Works Director.
SUMMARY: The Milwaukee II Levee project (Project) is located on the right bank
(north bank) of the Green River, between the Union Pacific Railroad Embankment to
the west and Third Ave South to the east. The existing levee needs to be
reconstructed and raised to provide improved flood protection.
The King County Flood Control District (District) has previously allocated funding to
Kent for the Project to prepare an Alternatives Analysis Study (Study) and purchase
property under an Interlocal Agreement (ILA) executed in 2016. The existing ILA
has allowed the City to complete its Study and acquire a portion of the properties
needed to construct the levee project.
This ILA Amendment adds additional funds necessary to purchase the remaining
properties required for the Project, which increases Kent’s reimbursable amount to
the District from $3.65 M to $11.0 M. A future separate ILA with the District will be
necessary to complete the design and construct the levee improvements.
BUDGET IMPACT: The City will be reimbursed by the King County Flood Control
District in accordance with the ILA.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
4.C
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ATTACHMENTS:
1. Milwaukee II Levee Exhibit (PDF)
4.C
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Attachment A
‐1‐
AMENDMENT TO
AGREEMENT REGARDING ALTERNATIVES AND PROPERTY ACQUISITION
Milwaukee II Levee Improvement Project
River Mile 24.04 to 24.25 Right Bank
THIS AMENDMENT NO. 1 TO AGREEMENT REGARDING ALTERNATIVES AND
PROPERTY ACQUISITION (“Amendment No. 1”) governing the Milwaukee II Levee
Improvement Project, River Mile 24.04 to 24.25, Right Bank, is entered into on the last date
signed below by and between the CITY OF KENT, a Washington municipal corporation
(“City”), and KING COUNTY FLOOD CONTROL ZONE DISTRICT, a quasi-municipal
corporation of the State of Washington (“District”) (collectively, the "Parties").
I. RECITALS
A. The Parties entered into an Agreement Regarding Alternatives and Property
Acquisition on June 28th, 2016 (“Agreement”), concerning an analysis and study of alternatives
(“Study”) and property acquisition of King County Tax Parcel Numbers 000660-0082 and
000660-0017 (“Property”) in support of the project to improve the Milwaukee II Levee
(“Project”). Efforts to acquire these tax parcels are continuing.
B. The Agreement authorized the City to complete an alternative analysis study and
to acquire the Property, with the District agreeing to reimburse the City for its actual costs
incurred in completing those tasks. The maximum allowable reimbursement amount the District
authorized through the Agreement was $3,650,000. Since the Agreement’s execution nearly four
years ago, the City has obtained appraisals for the Property and engaged in negotiations with the
owners. Those appraisals indicate that the maximum allowable reimbursement amount
authorized by the Agreement will be insufficient to reimburse the City for its estimated actual
costs incurred in acquiring the Property.
C. In addition, the owner’s use of King County Tax Parcel Number 000660-0082 is
so closely intertwined with another parcel, King County Tax Parcel Number 000660-0079, that it
too requires the City may also need to purchase this parcel, though the parcel is not required for
the Project. As a matter of law, when separate tracts of land are owned by the same owner and
put to a single use, for purposes of determining just compensation, they must be treated as a
single parcel.
D. The City has presented the District with a revised estimate of project costs, which
estimate includes the costs incurred to obtain the Study and revised Property acquisition costs
that have been adjusted to account for the current appraisal values. It is therefore appropriate to
amend the Agreement to adjust its 2016 reimbursement budget.
4.C.a
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Attachment A
‐2‐
E. It is appropriate for the City to move forward with removal of existing structures,
utilities and other appurtenances.
II. AMENDMENT
NOW THEREFORE, in consideration of the mutual interest, desire, and promises of the
parties and other good and valuable consideration, the Parties agree as follows:
2.1 Recitals Incorporated. All recitals above are hereby incorporated in and ratified
as part of this Amendment No. 1.
2.2 Acquisition and Transfer of Property Interests. Section 3 of the Agreement is
amended to further provide that the City will acquire King County Tax Parcel Number 000660-
0079, at the District’s costs and expense, should it be determined that such parcel constitutes a
single larger parcel associated with King County Tax Parcel Number 000660-0082 and not
separate parcels for purposes of determining just compensation. Toward that end, an amended
Exhibit A is attached and incorporated herein.
2.3. Removal of Structures. The Agreement is amended to include the following
new provisions concerning the removal of structures once property is acquired under the
Agreement and this Amendment No. 1.
a. Once each parcel that is required for the Project is acquired and the City
has title and possession to the Property, the City will hire a contractor to demolish and remove all
structures on the Property, including any existing septic tank, oil heating system, or other
appurtenances associated with the Property.
b. The City shall obtain and be responsible for all necessary local, state, and
federal permits and approvals necessary to carry out the demolition and removal work described
above, and shall fully comply with all applicable requirements and conditions thereof.
c. The District agrees it will reimburse the City for the City’s actual costs
and expenses incurred in the demolition and removal work provided for in this Section 2.3, and
those reimbursement requests will be submitted and paid in accordance with Section 4 of the
Agreement.
2.4 Maximum Reimbursement for City Costs and Expenses. Section 4.a. of the
Agreement is amended to increase the maximum reimbursement for City costs and expenses
from $3,650,000 to $11,000,000, which amount is intended to compensate the City for those City
costs and expenses associated with acquiring the Study and the necessary property interests
provided for by the Agreement.
2.5 Duration-Effective Date. Section 5 of the Agreement is amended by deleting the
entirety of that section and replacing it with the following: “This Agreement shall take effect on
4.C.a
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Attachment A
‐3‐
the date on which the second party signs this Agreement, and shall remain in effect until the City
both acquires fee title to the property described in Exhibit A and further conveys to the District
any easements the District may require to construct the Project.”
2.6 Insurance. Section 10 of the Agreement is amended by deleting the entirety of that
section and replacing it with the following: The District recognizes that the City is self-insured
and accepts such coverage for liability arising under this Agreement. The City recognizes that
the District is a member of the risk-pool Enduris, in an amount not less than One Million Dollars
($1,000,000) per occurrence with a reinsurance liability policy of not less than Ten Million
Dollars ($10,000,000) and will provide the City with an Evidence of Coverage (EOC) pursuant
to Chapter 48.62 RCW.
2.7 Remaining Provisions. Except as specifically amended by this Amendment No.
1, all remaining provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1, which shall
become effective on the last date signed below.
CITY OF KENT KING COUNTY FLOOD CONTROL
ZONE DISTRICT
By: By:
Dana Ralph Dave Upthegrove
Its: Mayor Its: Board Chair
DATE: __________________________ DATE: _________________________
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: By:
City Attorney Legal Counsel
4.C.a
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Attachment A
‐4‐
EXHIBIT A
Property Interests that May be Acquired by City of Kent
Drexel Investments LLC
Tax Parcel Number: 000660-0017
Parcel A:
Beginning at a point on the East line of the Cavanaugh Tract and the South line of County Road
which is 810.48 feet, more or less, East and 2,914.56 feet, more or less, South of the Northwest
corner of the Samuel W. Russell Donation Land Claim Number 41, Section 24, Township 22
North, Range 4 East, W.M., in King County, Washington;
Thence South to the White River;
Thence Westerly along the North bank of the White River to the Easterly line of Chicago
Milwaukee St. Paul and Pacific Railroad;
Thence Northerly along said Easterly line to the Southerly line of said County Road;
Thence Easterly along said road line to Point of Beginning.
Parcel B:
Beginning 810.48 feet East and 2,914.56 feet South of the Northwest corner of Samuel W.
Russell Donation Claim Number 41, Section 24, Township 22 North, Range 4 East, W.M., in
King County, Washington;
Thence South 82.5 feet, more or less, to White River;
Thence Northeasterly along river, 198 feet to the South line of County Road;
Thence Westerly to the Point of Beginning.
Amrik Commercial Rentals LLC
Tax Parcel Number: 000660-0082
That potion of the S.W. Russell Donation Land Claim No. 41, in King County, Washington,
described as follows:
Commencing at the Southeast corner of Waterman's Acre Tracts to the Town of Kent, according
to plat recorded in Volume 12 of Plats at page(s) 11, in King County, Washington;
Thence South 88°02'30" West along the South line of said plat 713.08 feet to the Southerly
production of the West line of South Third Avenue, as conveyed to the City of Kent by deed
Dated July 11, 1955 and recorded under Recording No. 4599830;
Thence South 1°55'37" East along said West line, and said West line produced, 1179.70 feet to
an angle point in the Southerly line of that tract of land conveyed to C.L. Knudtsen, W.H.
Meadowcroft and Fred E. Meadowcroft by deed dated January 27, 1956 and recorded under
Recording No. 4659959 and the True Point of Beginning;
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Attachment A
‐5‐
Thence South 88°02'30" West to the East line of that tract of land conveyed to James A.
Cavanaugh by deed dated December 8, 1885, and recorded under Recording No. 8870; thence
South 1°58'00" East along said East line 283.80 feet, more or less, to the North line of a county
road, being also the South boundary of a tract of land conveyed to Ralph E. Leber and La Vern
June Leber, his wife, by deed dated February 4, 1955 and recorded under Recording No.
4543722;
Thence in an Easterly direction along the North line of said county road South 89°17'00" East
242.10 feet; North 78°06'00" East 239.10 feet; and North 87°14'00" East 330.61 feet, more or
less, to said Southerly production of the West line of said South Third Avenue;
Thence North 1°55'37" West along said produced West line 249.16 feet, more or less, to the True
Point of Beginning.
EXCEPT that portion conveyed to the City of Kent by deed recorded under Recording No.
20130129001427.
Amrik Commercial Rentals LLC
Tax Parcel Number: 000660-0079
Lot 1, City of Kent Short Plat Alteration File No. PTA-2008-1, recorded under Recording No.
20080207900001, records of King County, Washington;
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: August 25, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: Amendment to the Interlocal Agreement with the Water
Resource Inventory Area 8 - Authorize
MOTION: Authorize the Mayor to sign the First Amendment to the
Interlocal Agreement for the Watershed Basins within Water Resource
Inventory Area 8, subject to final terms and conditions acceptable to the
Public Works Director and City Attorney.
SUMMARY: WRIA 8 includes the Lake Washington Watershed, as well as nearshore
areas in Seattle. The Cedar River watershed is a tributary of Lake Washington and
Rock Creek is a tributary of the Cedar River. The City of Kent’s Clark Springs
municipal water supply is in the Rock Creek watershed and is the city’s main water
supply; hence, our involvement with WRIA 8.
In 1999, the federal government listed Puget Sound Chinook salmon as threatened
under the Endangered Species Act (ESA). In 2001, concerned about the need to
protect and restore habitat for salmon, King County and 27 cities, including Kent,
signed an ILA to jointly create a salmon habitat plan for WRIA 8 and this ILA was
renewed in 2006. In 2015, the ILA was renewed for a ten year term. Puget Sound
Steelhead were also listed as threatened under the ESA in 2007.
At the end of 2018, Snohomish County terminated its partnership in WRIA 8 due to
budgetary issues. They are now requesting to be re-admitted into the WRIA 8
partnership and this requires approval from the other participating jurisdictions.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. WRIA 8 Exhibit (PDF)
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Amendment to WRIA 8 ILA 2016-2025 December 2019
1 FIRST AMENDMENT TO
2 INTERLOCAL AGREEMENT
3 For the Watershed Basins within Water Resource Inventory Area 8
4
5 PREAMBLE
6 THIS FIRST AMENDMENT ("Amendment") to the lnterlocal Agreement ("Agreement") for the
7 Watershed Basins within Water Resource Inventory Area 8 ("WRIA 8") is entered into by the
8 Parties and Snohomish County ("County") to authorize the County to rejoin the Agreement as a
9 member of the WRIA 8 Salmon Recovery Council ("Council"}. The County terminated its
10 participation effective December 31, 2018, and now wishes to rejoin.
11
12 AMENDMENT
13
14 Upon the effective date of this Amendment, the County shall be a member of the Council, and
15 shall have all of the rights, privileges, duties and obligations afforded the Parties under the terms
16 of the Agreement. Per Section 7 of the Agreement, the County agrees to pay its annual cost
17 share for 2020 and future years.
18
19 IN WITNESS WHEREOF, Snohomish County and the Parties have executed this Amendment as of the
20 last date of signature below:
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City of Kent
By: ____________________________
Title: _________________________
Date: __________________________
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: August 25, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: Amendment to the Interlocal Agreement with the City of
Covington - Authorize
MOTION: Authorize the Mayor to sign a Second Amendment to the
Interlocal Agreement between the Cities of Covington and Kent for Joint
Public Works Operations for CIP 1127, S.E. 272nd Street (516)
Improvements between Jenkins Creek and 185th Place S.E., subject to final
terms and conditions acceptable to the City Attorney and Public Works
Director.
SUMMARY: An Interlocal Agreement was entered into between the City of Kent
and the City of Covington for Joint Public Works Operations for CIP 1127 S.E. 272nd
(SR516) Improvements between Jenkins Creek and 185th Place S.E. in 2016.
The Kent Water Utility owns three transmission mains that are in S.E. 272nd Street,
within the City of Covington. These transmission mains convey drinking water to
Kent from our primary water sources located east of town, and they need to be
relocated to allow for street widening at the Jenkins Creek bridge.
The purpose of the Agreement is to contract with Covington to relocate the
transmission mains as part of the street improvement project and bill Kent for
related costs. The agreement needs to be extended due to delays in the project.
The first agreement terminated on December 31, 2018; the first Amendment
extended the termination date to December 31, 2020; and the proposed
amendment would extend the agreement to December 31, 2023.
Construction should start in 2021, much of the work is expected to be completed in
2022 and the project should be complete in 2023.
BUDGET IMPACT: None, agreement time extension only
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
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ATTACHMENTS:
1. Covington Interlocal Agreement (PDF)
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SECOND AMENDMENT TO
INTERLOCAL AGREEMENT BETWEEN THE CITIES OF COVINGTON AND KENT
FOR JOINT PUBLIC WORKS OPERATIONS FOR CIP 1127 SE 272ND ST. (SR 516)
IMPROVEMENTS BETWEEN JENKINS CREEK AND 185TH PLACE SE
This Second Amendment (“Second Amendment”), to the Interlocal Agreement,
dated August 26, 2016, is between the City of Kent (Kent) and the City of Covington
(Covington) and amends the original Agreement and all prior Amendments. All other
provisions of the original Agreement or prior Amendments not inconsistent with this
Amendment shall remain in full force and effect.
1. Section 8 of the Agreement, entitled “Term of Agreement” is hereby
modified as follows:
This Agreement shall become effective as of the date this Agreement is
approved by both legislative bodies of the Parties and subsequently
executed by those Parties pursuant to the terms of this Agreement, this
Agreement shall remain in full force and effect until December 31, 2020
December 31, 2023, or final acceptance and exchange of record drawings,
whichever comes first. This Agreement may be extended by written
agreement of the Parties subject to the approval of such extension by
each Party’s legislative body.
All acts consistent with the authority of the Agreement, previous Amendments (if
any), and this Amendment, prior to the effective date of this Amendment, are hereby
ratified and affirmed, and the terms of the Agreement, previous Amendments (if any),
and this Amendment shall be deemed to have applied.
IN WITNESS WHEREOF, the Parties below execute this Agreement, herein
COVINGTON:
CITY OF COVINGTON:
By:
(signature)
Print Name:
Its
(title)
DATE:
KENT:
CITY OF KENT
By: ______
(signature)
Print Name: Dana Ralph
Its Mayor
DATE:
APPROVED AS TO FORM:
Mark Orthman, City Attorney
APPROVED AS TO FORM:
Kent Law Department
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PUBLIC WORKS DEPARTMENT
Tim LaPorte, PE
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: August 25, 2020
TO: Kent City Council - Committee of the Whole
SUBJECT: INFO ONLY: Quiet Zone Update
SUMMARY:
Union Pacific Railroad
We will be establishing the UPRR quiet zone through local authority per federal law.
Approval from the Federal Railroad Administration is not required through this
method. Although we do need to coordinate with the Washington State Department
of Transportation to allow the City to maintain the necessary signs and pavement
markings for the railroad crossings on Willis St, which is State Route 516.
The next formal step is to submit the grade crossing modification petitions to the
Washington State Utilities and Transportation Commission (UTC). The railroad has
the opportunity to challenge the crossing modifications through the UTC. If UPRR
challenges the crossing modifications the petition goes to a hearing conducted by
UTC, which can take 12 to 15 months to complete. We have been working with the
railroad to try and come to an agreement on crossing modifications before going to
the UTC.
Once the UTC approves the crossing modification petitions, the crossing
modifications will be constructed through a construction contract. Following the
completion of construction, the quiet zone can be established 60 days after we send
out a notification of quiet zone establishment.
BNSF Railway
On January 21, 2020 the Federal Railroad Administration (FRA) approved our
request to establish a quiet zone on the BNSF mainline. The FRA approval is not the
final step in gaining approval to establish a quiet zone on BNSF. As with the UPRR
quiet zone, the proposed changes to the crossings need to be approved through the
UTC. We have been in discussions with BNSF on crossing modifications to see if we
can reach an agreement on crossing modifications before going to the UTC.
Once the UTC approves the crossing modification petitions, the crossing
modifications will be constructed through a construction contract. Following the
completion of construction, the quiet zone can be established 60 days after we send
out a notification of quiet zone establishment.
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SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
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