HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 6/4/2019
KENT CITY COUNCIL AGENDAS
Tuesday, June 4, 2019
Chambers
Mayor, Dana Ralph
Council President, Bill Boyce
Councilmember Brenda Fincher Councilmember Dennis Higgins
Councilmember Satwinder Kaur Councilmember Marli Larimer
Councilmember Les Thomas Councilmember Toni Troutner
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COUNCIL MEETING AGENDA - 7 P.M.
1. CALL TO ORDER / FLAG SALUTE
2. ROLL CALL
3. AGENDA APPROVAL
Changes from Council, Administration, or Staff.
A. Approve the Agenda
4. PUBLIC COMMUNICATIONS
A. Public Recognition
1. Employee of the Month
2. Recognition of Scenic Hill Elementary Student Dean Rodrigues-Fale
3. Proclamation for Juneteenth Day
4. Recognition of Legislators
B. Community Events
5. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF
A. Chief Administrative Officer's Report
6. PUBLIC HEARING
A. Transit Operations and Maintenance Facilities Zoning Ordinance
7. PUBLIC COMMENT
The Public Comment period is your opportunity to speak to the Council and
Mayor on issues that relate to the business of the city of Kent. Comments
that do not relate to the business of the city of Kent are not permitted.
Additionally, the state of Washington prohibits people from using this Public
Comment period to support or oppose a ballot measurement or candidate for
office. If you wish to speak to the Mayor or Council, please sign up at the
City Clerk’s table adjacent to the podium. When called to speak, please state
City Council Meeting City Council Regular Meeting June 4, 2019
your name and address for the record. You will have up to three minutes to
provide comment. Please address all comments to the Mayor or the Council
as a whole. The Mayor and Council may not be in a position to answer
questions during the meeting.
8. CONSENT CALENDAR
A. Approval of Minutes
1. Council Workshop - Workshop Regular Meeting - May 21, 2019
5:00 PM
2. City Council Meeting - City Council Regular Meeting - May 21, 2019
7:00 PM
B. Payment of Bills
C. Lodging Tax Grant Awards
D. Medic One/Emergency Medical Services Levy Resolution - Adopt
E. Interlocal Agreement with King County Flood Control District for
Signature Pointe Levee - Authorize
F. Accept the Lake and Walla Properties Demolition Project as Complete
9. OTHER BUSINESS
A. Midway Mobile Mansions Rezone Ordinance (QUASI-JUDICIAL) - Adopt
10. BIDS
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
A. Collective Bargaining, RCW 42.30.140(4)(a)
12. 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.
PROCLAMATION
Whereas, President Abraham Lincoln signed the Emancipation
Proclamation on January t, 1863, formally abolishing
slavery in the United States of America; and
Whereas,
Whereas,
word about the signing of the Emancipation Proclamation
was delayed some two-and-one-half years, to June 19,
1865, in reaching authorities and African-Americans in the
South and Southwestern United States; and i
Emancipation Day observations are held on different days
but are celebrated in 45 different states, including
Washington; and
Whereas,June 19th has a special meaning to African-Americans,
and is called "JUNETEENTH" combining the words June
and Nineteenth, and'has been celebrated by the African-
American community for over 150 years; and
NOW, THEREFORE, I, Dana Ralph, Mayor of the city of Kent,
Washington, do hereby declare June 19, 2019, as
^JUNETEENTH DAY"
in the city of Kent, Washington, and urge all residents to acknowledge
the significance of this celebration in African-American history and in
the heritage of our nation and city. Please join this year's celebration
on Saturday, June 22,2019 at Morrill Meadows Park and help honor
and remember Linda Sweezer for her significant contributions to the
Kent Black Action Commission and Kent community.
In witness whereof, I have hereunto set my hand and caused the seal
of Kent to be affixed this 4th day of June, 2019.
KENT
WAsHrNcroN
Dana Ralph, Ma
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ECONOMIC AND COMMUNITY
DEVELOPMENT
• The Mayor’s Office extends a huge
thank you to the Sound Transit Board of
Directors and everyone who helped
save the Kent transit-oriented
development site (a.k.a. Dick’s/Lowe’s
site) from becoming a light rail
operations and maintenance facility
and, more importantly, helped save our
vision for an exciting Midway
neighborhood around a future light rail
station.
• We’ll honor four of our six legislators
from the 33rd and 47th legislative
districts on Tuesday, and we’ll honor the
remaining two on June 18.
• The City Council is going to consider a
resolution in support of the Puget Sound
Regional Fire Authority’s August
property tax ballot measure on June 18.
Proponents and opponents of the ballot
measure will have approximately equal
time to share their views.
• Our executive search consultant is
reviewing applications for finance
director and human resources director.
We’ll select finalists in mid-June and
conduct interviews in early July.
Communications
• Dana Neuts presented a
communications update to Kent City
Council last week. They had good
questions. Next step: developing a
communications plan for 2020 that
includes strategy, standards, policies,
procedures and guidelines (e.g., who is
responsible for posting, who responds
to posts, how do we handle comments,
etc.).
• The North Scenic Hill Neighborhood
Council has experienced an uptick in
mail theft. To help combat the mail
theft, the council obtained special
pricing from Mail Boss, a manufacturer
of locking mailboxes out of Redmond, to
the homeowners on Scenic Hill. The
company has reduced the price by
20%+ depending on how many the
neighborhood orders. The mailboxes
will be picked up on May 31 and
delivered.
Administration
• Please come and say a fond farewell to
Sharon Clamp on Thursday afternoon
(3:00 – 4:30pm June 6) in Council
Chambers. Sharon is retiring after
almost 29 years with the City, and 18 as
a Planner with ECD. Sharon came up
through the ranks from the
administrative pool to become a
planner, and in that role has left her
mark on many of the City’s most
significant initiatives and projects. She
and Jim are building their retirement
home in Idaho. She will be missed by
colleagues throughout the city and the
many customers who ask for her by
name.
ADMINISTRATION
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• The ECD Management Team received a
guided tour of the Museum of Flight, and
the special exhibit “Destination Moon,”
a Smithsonian curated travelling exhibit
to mark the 50th Anniversary of the first
Apollo Mission. Apollo Missions 15, 16
and 17 are of special interest to the
team because of department efforts to
celebrate and commemorate Kent’s
significant contributions to outer space
exploration. As a result, the Museum of
Flight has included several local artifacts
and information related to those
contributions, particularly the Kent
designed and built lunar rovers. Kent
receives 16 different call outs within the
Exhibit programming.
Permit Center/Building Services
• New operating hours for the Permit
Center are already having a positive
impact on the bottleneck discovered in
the permitting process. The decision to
close to the public each Wednesday was
made to allow staff to prioritize the
administrative tasks needed to issue
permits in a timely manner, without the
constraint of also serving walk in
customers. As of the 2nd Wednesday
closure a substantial portion of the
backlog was cleared, and even greater
progress is anticipated as newer
employees become increasingly
comfortable and seasoned staff return.
• Electronic plan review as an option for
our customers is significantly closer to
becoming reality. By partnering with
one of our forward thinking residential
builders and issuing our first
electronically generated and paperless
building permits, many unanticipated
problems were discovered and
addressed. In the coming weeks we will
offer this option to more customers.
• Robert Goehring and Lavina Brennecke
attended the annual GFOA National
conference in Los Angeles May 19-22.
Through a variety of sessions and
keynote addresses, they received up to
date information on best practices,
policies and procedures, as well as
techniques and skills to enhance their
professional development. Some key
finance issues that were presented were
the Governmental Accounting
Standards Board’s new reporting model,
Ethics, Fraud Schemes, Accounting &
reporting for Fiduciary Activities.
• The 2020 Mid-Biennium Budget Kickoff
is scheduled for Monday, June 3 at 2pm.
Staff attending the meeting will receive
budget guidance from Administration,
as well as information about activities
and deadlines for the update process.
• ECD Planning Technician Dan Blincoe
has been promoted and will be filling
Sharon Clamp’s very big shoes, bringing
his unique talents and background to
the work of ECD. Bonnie Coleman is
back from her foray from police work,
just in time to fill the Planning
Technician spot.
• Congratulations to Sam Scott, the new
Financial Services Supervisor in the
Finance Department Customer Service
Division! Sam has been with the city for
over two years and the department is
very pleased that he has accepted the
promotion.
• Entry level Police Officer Jace Sloan
started on May 1.
Labor, Class & Compensation
• KPOA MOU’s – standby leave/bank for
AC and Commander
• KPOA negotiations regarding body-
worn cameras
• Drafted a development agreement
between the City and Blue Origin to
address future improvements to 76th
Avenue South.
• Drafted revisions to Chapter 2.34 of the
Kent City Code to update the City’s
ordinance related to the Kent Municipal
Court.
• Drafted revisions to an interlocal
agreement with the King County Flood
Control District concerning the
HUMAN RESOURCES
FINANCE
LAW
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construction and maintenance of the
Lower Russell Road Levee.
• Assisted HR with several complicated
and sensitive employment
investigations and personnel-related
issues, some of which were brought to
a resolution, while others are ongoing.
• Continued to assist the Clerk’s office
with public records requests, and Public
Works, ECD, and Parks with several high
priority development projects.
Recreation
• On May 18, Kent Parks partnered with
the Kent Rotary Club to host the Annual
Fishing Experience at the Old Fishing
Hole. Rotary funding and a donation
from the State Department of Fish and
Wildlife allowed us to stock the pond
with 2,700 rainbow trout. Kent Parks
Staff, Rotarian’s, U.S. Coast Guard and
other community volunteers helped
guide and teach 165 children, ages 14
and under how to fish. It was apparent
through observation and feedback that
participants were also learning patience,
an appreciation and respect for nature
along with a variety of other life lessons.
A little over a 100 fish were caught with
many children choosing to practice the,
“Catch and Release, method of fishing.”
Human Services
• Staff met with three new organizations
working in Kent and one currently
exploring opportunities for Kent. The
Seattle Mongolian Youth Center is
offering a women’s leadership training
program for 15 women focused on
building confidence, education and
economic prosperity. The program is
located in a local business – Granite
Tops, INC. The Somali Bantu
Community Services of WA works
primarily in Birch Creek with 20 families
and is focused on connecting them to
resources and programs. The Pacific
Islander Community Association has
been meeting in Kent and the focus is
on strengthening social and political ties
through a unified Pacific Islander
agenda. Approximately 200 people are
participating in the convenings. Hero
House, a program that provides social
and employment supports for adults in
recovery from mental illness, is
exploring the possibility to opening a
program in Kent. They currently have
programs in Bellevue, Seattle and
Everett.
• Staff is participating on the grant review
panel team representing South King
County for a King County Veterans
Seniors and Human Services Levy RFP
focused on services for veterans. Up to
$8,256,015 is available for the following
programs: Veteran Pathfinders,
Homeless Veteran Navigation, and
Veteran Pathfinder and Navigation
Coordination.
• Staff attended the Urban Consortium
Joint Recommendations Committee
meeting. The Countywide CDBG
Consolidated Plan update is in process
and community input is still welcomed.
(The City of Kent will submit our
updated Consolidated Plan in tandem
with the County.) The projects and
activities of the County plan will follow
three broad goals of affordable housing,
homelessness, and community
development.
• Count Us In, the annual point-in-time
count for Seattle and King County,
found a total of 11,199 people
experiencing homelessness countywide,
including 5,971 people (53%) sheltered
and 5,228 people (47%) unsheltered.
This represents an overall decrease of
eight percent compared to 2018, and a
decrease of seventeen percent among
the unsheltered population from topline
data released to date. The full Count Us
In report, estimated to be complete by
the end of May, will include more
detailed information on the results,
including a sub-regional breakdown and
a deeper analysis of the Count Us In
survey responses. Part of the reduction
in the unsheltered count can be
attributed to three tiny home
communities that were deemed
sufficient enough to meet HUD’s
PARKS, RECREATION, AND
COMMUNITY SERVICES
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guidelines as shelter. Many tiny home
community residents are still counted as
unsheltered when there are not
sufficient facilities and services on site.
Planning Development
• The conceptual design phase was
completed by consulting firm The
Berger Partnership for the Interurban
Trail through the Naden Avenue parcels,
which are currently slated for
redevelopment in an ECD-led project.
The plan includes a grading analysis to
bring the trail up to street grade and
explores a number of placemaking
opportunities to active this important
downtown gateway to the regional trail
network.
• The conceptual design phase for park
and trail opportunities as part of the
Signature Pointe Levee project was
completed by consulting firm J.A.
Brennan Associates. This scope of work
includes a site inventory and analysis,
and provides conceptual design options
for trailheads, trail access and
recreational opportunities along the
Green River Trail. This plan was included
as part of the Alternative Analysis
submission to the King County Flood
Control District.
• A Parklet was installed at the northwest
corner of 2nd Avenue and Meeker
Street. A full-scale replica canoe with
oars and an interpretive sign tell the
story of the Green River flooding that
would inundate downtown Kent in the
early twentieth century, prior to the
construction of the Howard Hansen
Dam. This placemaking project is a
partnership between Parks and ECD and
was supported financially by both
departments. These park activations are
part of an overall strategy to bring a
renewed interest to downtown Kent.
• Parks Planning & Development applied
for and was awarded a $200,000 grant
from the King County Youth Amateur
Sports Grant program for playground
improvements at West Fenwick Park.
Design efforts by The Berger
Partnership are currently underway for
major improvements at this popular
West Hill park.
Significant crime activities/arrests/investigations
• On May 6, a report came in online of a
vehicle prowl at Hogan’s Park.
Surveillance video was very clear and
captured a husband/wife team breaking
into vehicles and captured the suspect
license plate. Officers were able to track
down the suspect in Pierce County. On
May 26, Pierce County Sheriff’s Office
assisted and arrested both suspects.
The suspects gave a full confession and
returned some of the stolen items.
• On May 22, a convicted felon was
arrested after threating a citizen driver
during a road rage incident with a
firearm. During the search, officers
located 102.27 grams of
Methamphetamine, 24 grams of Heroin,
and 20 grams of Cocaine. His vehicle
was impounded for a search warrant
and the handgun used in the incident
was located along with 440 grams of
Methamphetamine.
• On May 26, officers responded to a call
of found drugs in room at the Days Inn.
A search warrant was obtained and 355
grams of meth were located. A vehicle
believed to be associated with the
suspect was also impounded.
• On May 27, officers were dispatched to
a vehicle vs pedestrian collision in the
20200 block of 124th Ave SE. A known
transient had been struck by a vehicle
and she had a head injury as well as
both major leg bones broken. The driver
of the vehicle admitted to having been
drinking but refused any field sobriety
tests as well as a Portable Breath Test.
The driver of the vehicle was arrested
and booked for Vehicular assault (blood
results pending). At this time it is
unclear if the pedestrian was in the
roadway or on the shoulder.
POLICE
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Design
• 2019 B&O Overlay: Complete Street
memo complete. Notified Railroad of
upcoming work adjacent to inactive
spur line. Coordinating with City of
Tukwila for traffic control due to
possible concurrent construction
activities. Advertising project May 28.
• 212th East Valley Highway to 76th:
Submitted Right of Entry information to
the railroads for work adjacent to
railroad right-of-way. Design
progressing on ADA ramps and signal
plans.
• 4th and Willis Roundabout and Joint
Utility Relocation projects: Received
Puget Sound Energy design. Drafting
construction utility agreements. 60%
Joint Utility Relocation plans distributed
Mar 21 for review and comment are due
Jun 4. Met with WSDOT to discuss
Channelization plans – WSDOT
committed to one addition
review/comment period prior to
approval.
• 2019 Contracted Water Projects:
o Reith Rd – Military Rd S to 42nd
Ave S: State Environmental
Policy Act (SEPA) was submitted
May 3 for Reith segment.
Department of Ecology has
identified the work area as
potentially contaminated with
arsenic by Asarco and has
required testing to determine
levels.
o West Hill Reservoir: A Mitigated
Determination of Non-
Significance (MDNS) was issued
for this project May 16. The
appeal period is open until the
Conditional Use Hearing,
scheduled for Jun 19. Comments
will be accepted through the
Hearing date.
• Skyline Sanitary Sewer: Refining
scoping level design for sewer route to
possibly eliminate lift station on Military
Road. Kent School District working with
ECD for Sewer connection. Design is
coordinating efforts with ECD.
Environmental
• Downey Farmstead – Construction will
begin this week and continue through
the summer on the second phase. It
will include the closure of Frager road,
south of the Mullen Slough bridge to
the SR 516 bridge.
• King County Flood Control District –
The next Board of Supervisors meeting
is May 29, and we will have an item on
the agenda related to an Interlocal
Agreement (ILA) funding property
acquisition at the Signature Pointe
Levee.
• Water System Plan – was submitted to
Kent Planning on May 22 for State
Environmental Policy Act (SEPA)
review. It is on schedule for adoption
later this year.
• Land Survey and GIS
o The Land Survey department has
been providing Water
Transmission Mains and Water
Valve locations city wide.
o Land Survey field staff is providing
construction staking on the 228th
Grade Separation Water utility
and the 224th St. Corridor Storm
and Water Improvements and new
Utility Vault locations.
o Survey Field crews have provided
staking for the Downey Phase 3
grading and the Upper Mill Creek
Dam Diversion Channel.
o Land Survey office staff continue
to review plans and specifications
for upcoming CIP projects as well
as performing boundary
calculations, writing legal
descriptions for the Clark Springs
Generator easements and also the
76th Ave Road Raising project.
o Multiple professional reviews for
ECD/Planning submittals are
being completed.
o The GIS department (Geographic
Information System) has actively
been transferring city data to layer
files for easy accessibility on
various web applications.
o GIS Supervisor and staff attended
the WA state GIS Conference in
Tacoma.
PUBLIC WORKS
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o GIS analysts have continued to
input backlogged as-built
infrastructure data into the GIS
system, performed public records
requests, performed analysis of
impervious surfaces anomalies
found during as-built input or
provided by Utility Billing audits.
o GIS Analyst II has updated the
illegal encampment map for PW
Operations and is working with
Transportation to improve road
centerline data.
o Resource assistance to PW Signs
Department for collecting sign
inventory data – 3,461 signs
collected to date.
Construction
• LID 363: S 224th St Improvements –
84th Ave S to 88th Ave S (Ph 1):
o 84th to SR 167 – Asphalt paving
final list is taking place today
(5/28).
o SR 167 Bridge – Rebar placement
for the median barrier will
continue thru June 7. Pedestrian
barrier placement is complete.
o SR 167 to 88th –Began removing
overhang brackets and spraying
pigmented sealer. Installation of
the bridge drainage system
underway. Conduit placement for
the lower sidewalk to finish this
week.
• LID 363: S 224th St Improvements –
88th Ave S / S 218th St Improvements –
S 222nd St to 94th Pl S (Ph 2): Excavation
for the concrete retaining wall footing
near Garrison Creek has begun. Sewer
pipe installation on 88th Ave is complete.
Water main installation began May 28.
Gravel Borrow import is complete for
the lower portion of 88th Ave Base
course placement will begin May 29.
Joint Utility Trench (JUT) trenching to
94th is complete. PSE will begin pulling
wire June 3.
• Cambridge Reservoir Recoating and Fall
Protection Improvements: Interior
coating has passed manufacturer
certification, independent verification,
sanitized, rinsed and remanded back to
the City for purity testing. The initial
bac-t and Volatile Organic Compound
(VOC) samples have come back
satisfactory. Staff will fill Cambridge
Tank the remainder of the way and will
collect one final bac-t with the tank at
operating level. Exterior scaffolding and
containment envelope scheduled to
complete June 3 with sand blasting to
follow.
• 228th St. Union Pacific Railroad Grade
Separation Ground Improvements and
Embankments (Ph 4 of 5): Bridge pier
shaft installation is complete! FloForm
and Pacific Metals driveway construction
continues. First delivery of earthquake
resistant water pipe was received last
week. Project now shifts gears to water
main installation. The full closure of S
228th St from 72nd Ave S to 76th Ave S
(4th Ave N) with detour will be in place
for approximately two years. The
Interurban trail closure was
implemented on April 15. Trail
notifications will be updated as
construction progresses with public
safety being the #1 priority.
• 228th St. Union Pacific Railroad Grade
Separation Bridge and Roadway (Ph 5 of
5): Contract currently under suspension
while Phase 4 continues. Critical long-
lead material submittals are being
organized and prepared. Attempting to
schedule large storm vault delivery and
installation for September/October time
frames to capitalize on low water table
conditions in fall, early winter.
• East Valley Highway Pavement
Preservation – S 180th St to S 190th St:
Final channelization striping is
complete. Survey monument
installation will take place this week.
WSDOT Local Programs Office is
conducting a Project Management
Review Audit of our construction files on
June 12.
• Kent Springs and Pump Station No. 4
Electrical Upgrades: Pump Station 4 –
Substantially Complete. Kent Springs –
Placing permanent perimeter
fence. Working to connect facility to
PSE power.
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Page 7 of 7
• Upper Mill Creek Dam Improvements
and Diversion Structure Replacement:
Clearing/grubbing for the diversion
channel continues. The closure of 104th
Ave S is scheduled to be implemented
on the morning of June 10.
• 640 Pressure Zone Booster Station:
Forming for exterior column foundations
and pouring building pad this week.
• Valley Signal System Upgrade: The
project is in its submittal/material
procurement phase. Field work
activities are scheduled to begin in
June.
• 2019 Paint Line Striping and Raised
Plastic Markings (RPM) Replacement:
Completed schedule A painting. RPM
placement is underway (weather
permitting).
• 2019 Asphalt Overlays:
o Sawcutting, tree removal,
concrete curb ramp demo, and
concrete curb ramp replacement
is underway at multiple project
locations and will continue for
several weeks. Active
Locations: S 208th, 100th Ave, S
202nd, Reiten Rd, Park Side,
Copper Hill, 108th.
o Asphalt grinding and paving
activities are scheduled to
proceed on June 10 at all
locations. S. 208th will begin on
the night of June 21 and will
continue on weeknights through
June 28. 100th Ave will follow and
expects to be complete on July 3
• 2019 Sanitary Sewer CIPP Lining:
Contract work is ongoing with
preliminary cleaning and video
inspections of the existing sewer
lines. Lining will begin in June.
• King County Department of Natural
Resources (DNRP) Manhole Frame and
Cover Replacements on Canyon Drive:
King County DNRP Construction
Management Wastewater Treatment
Division have been replacing sewer
manhole frames and covers on Canyon
Drive which started April 27 and will
take place on Saturdays between 6am
and 6pm on the following days: June
1. These dates are subject to change
based on weather and community
activities.
Transportation
• Staff presented the 2020-2025
Transportation Improvement Program
(TIP) at the public hearing at the May
21st City Council meeting. This is our 6-
year short-range transportation plan.
State law requires the City to adopt the
TIP prior to June 30th of each year. No
public comment was provided. The
Council passed the 2020-2025 TIP.
• Staff from Design, Transportation,
Parks, and the design consultant met
with WSDOT to discuss design details of
the 4th and Willis (SR 516) roundabout.
The meeting included a collaborative
real-time design session. The
Washington State Department of
Transportation is pleased with the
roundabout design and has indicated
that they will approve the design after
one more design iteration.
Streets
• Street Maintenance crews are repairing
shoulders on W Willis, Military and on 3rd
Ave S, removing debris from sidewalks
on S 212th St and performing hot patch
repairs on SE 276th Pl. The Concrete
Crew will be pouring new sidewalks this
week on 38th Ave S and Reith Rd.
• The Street Signs and Markings Retro
Reflectivity team are working on SE
260th Pl installing new signs and on
150th Pl SE installing Type 3 barricades.
The rest of the team will be working on
traffic control set up for the Saturday
market. The Solid Waste crews will be
removing debris and illegal signs on
Hwy 99 and on 80th Pl S this week. They
are also setting out reader boards on SE
240th St and removing graffiti from the
228th St Bridge.
• Vegetation crews will be performing
maintenance at Kent water sites and our
sidearm mowers will be focusing
primarily on Kent Kangley Rd and on S
212th St/Orillia Rd before moving on to
adjacent roadways. Wetland
Maintenance crews will be preforming
spring maintenance at various wetland
and drainage locations and Wetland
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Mitigation crews continue their work at
the GRNRA nursery and building
irrigation at the Frager Rd Upper Mill
Creek Dam. Weather depending, the
spray truck will be out on Kent Kangley,
S 240th St and Canyon Dr.
Water
• Staff are working on the final Kent
Springs Transmission Main easement
excavation project with the Survey
section. Our Kent Springs Generator
project is getting close to completion.
Generator start-up is scheduled for this
week along with start-ups on well
variable frequency drives. The interior
coating portion of the Cambridge Tank
coating project passed the initial set of
water quality sampling and staff are
working on filling the reservoir to
operating level and will collect one last
set of samples prior to putting the tank
back in service. Our draft water system
plan renewal is with the Department of
Health, King County, the Department of
Ecology and our surrounding
jurisdictions for review and comments.
Storm
• Storm crews will be cleaning lines in
advance of the TV Truck on 144th Ave SE
and 136th Ave SE, removing debris from
the pipe so that clear video can be taken
of the structure’s interior. Crews will be
pumping sediment from sumps in storm
structures on 40th Ave S and then
assessing structures for structural and
water quality integrity on 42nd Ave S per
the National Pollutant Discharge
Elimination System federal guidelines.
They are also installing a culvert and
asphalt swale on S 240th St and Military
Rd.
Sewer
• Sewer crews are cleaning sewer lines
south of S 212th St and vactor cleaning
on the East Hill. They are also TV
inspecting the storm system on S 212th
St by camera and doing manhole
maintenance at the Kent Brook
Apartments for issues found during prior
inspections.
Fleet/Warehouse
• Fleet is working on finalizing auction
items for June 8 and putting new
vehicles into service, along with normal
equipment repairs.
• Warehouse staff continue CDL training
as well putting the new mineral bins into
use. Staff is also working on engraving
and logging in new small attractive
assets and repairing small equipment.
# # #
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DATE: June 4, 2019
TO: Kent City Council
SUBJECT: Transit Operations and Maintenance Facilities Zoning
Ordinance
MOTION: Adopt Ordinance No. ____, amending title 15 of the Kent City
Code by adding definitions for transit facilities, specifying that transit
operations and maintenance facilities are permitted only in the CM-2
District, and repealing interim zoning Ordinance No. 4305.
SUMMARY: On January 15, 2019, the City Council adopted Ordinance No. 4305,
an emergency interim zoning ordinance. The interim ordinance addressed transit
operations and maintenance facilities, defining what they are and where they may
be located.
This ordinance would make the regulations from the interim ordinance permanent,
including defining “transit operations and maintenance facilities,” and
“transportation and transit facilities including high capacity transit facilities.” This
ordinance would also allow transit operations and maintenance facilities to be
located only in the CM-2 District.
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community, Thriving City
ATTACHMENTS:
1. Operations and Maintenance Facilities Zoning Ordinance (PDF)
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1
Zoning Ordinance
Transit Ops. and Maint. Facilities
ORDINANCE NO. ____
AN ORDINANCE of the City Council of the
City of Kent, Washington, adopting a zoning
ordinance amending Title 15 of the Kent City Code
by adding definitions of “transit operations and
maintenance facilities” and “transportation and
transit facilities including high capacity transit
facilities,” by specifying that transit operations and
maintenance facilities are permitted only in the
CM-2 District, and repealing interim zoning
Ordinance No. 4305, previously adopted by
Council on January 15, 2019.
RECITALS
A. Chapters 36.70A and 35A.63 of the Revised Code of
Washington place primary responsibility for planning for the development
of land within Kent with its legislative body. The Washington Supreme
Court has recognized the Growth Management Act (GMA) as a clear
example of legislation that creates public policy to be implemented at the
local level, by representatives more attuned to the individual needs, wants,
and characteristics of the cities they serve.
B. The City is committed to meeting its core duty under the GMA
to plan for growth and fashion regulations that ensure the wise use of land
within Kent. To that end, the City has undertaken an expansive planning
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2
Zoning Ordinance
Transit Ops. and Maint. Facilities
process to shape the future development of the Midway area and to meet
several specific goals of the GMA.
C. On December 13, 2011, in anticipation of the arrival of link
light rail service, the Midway Subarea Plan and corresponding design
guidelines were adopted to encourage urban growth where it is most
appropriate, reduce sprawl, promote a variety of residential densities and
housing types, and to encourage economic growth.
D. In furtherance of the overarching goals of the Midway
Subarea Plan and the Midway Design Guidelines, the City has carefully
crafted zoning regulations in the Midway area to ensure that future
development is consistent with the adopted vision of the Plan, and that the
community will benefit from the City’s extensive long-range planning
efforts.
E. The City Council adopted the Midway Subarea Plan as the
result of a collaborative, multi-jurisdictional planning effort taking place
over several years. It was a culmination of extensive community
involvement, substantial expense of time and public resources, and
environmental review.
F. Community involvement leading up to the Midway Subarea
Plan’s adoption included dozens of public meetings over the course of
several years, including stakeholder committees, developer forums, open
house meetings, public workshops, neighborhood meetings, joint advisory
meetings between the leadership of Kent and Des Moines, Land Use and
Planning Board workshops and meetings, City Council workshops and
committee meetings, and public hearings.
G. The overall goal of the Midway Subarea Plan is to: "Create a
dense, pedestrian-friendly, sustainable community that provides jobs,
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3
Zoning Ordinance
Transit Ops. and Maint. Facilities
housing, services and public open space around nodes of high capacity
mass transit while maintaining auto-oriented uses between the transit
oriented nodes." It envisions a well-designed built environment, including
pedestrian friendly streetscapes, multimodal connections, and a variety of
housing types and jobs that support transit use.
H. On December 13, 2011, the City adopted zoning to support
the implementation of the Midway Subarea Plan, including zones such as
the Midway Commercial/Residential District and the Midway Transit
Community District that are north of approximately South 245th Street,
and the Commercial Manufacturing-2 District south of South 245th Street.
I. The Midway Subarea Plan specifically identifies a distinction
between the Midway areas north and south of approximately South 245th
Street. To the north, the intended uses are categorized as Transit-Oriented
Community and include high intensity transit supportive mixed-use with a
residential focus and strong pedestrian orientation, with no single use, big
box, industrial or auto-dependent uses. To the south, the intended uses
are categorized as Highway Commercial Corridor and include a wide range
of community, citywide, or regional commercial and light industrial uses
that are primarily vehicle-dependent.
J. The Midway Commercial/Residential District and Midway
Transit Community District prohibit uses such as outdoor storage of
trucks, heavy equipment, and contractor storage yards. These uses are
inconsistent with and detrimental to the strong pedestrian orientation of
the Midway Commercial/Residential and Midway Transit Community
Districts due to the size and scale, as well as noise impacts. In general,
uses with large footprints are not compatible with pedestrian-oriented
development, as large footprints severely limit pedestrian connectivity and
interest, and result in a greater need for vehicular transportation.
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4
Zoning Ordinance
Transit Ops. and Maint. Facilities
K. The Commercial Manufacturing-2 District south of South 245th
Street, however, allows uses such as outdoor storage of trucks, heavy
equipment, and contractor storage yards. Uses of this type, size, and
scale fit with the existing and planned scale of the area, are further
removed from the pedestrian-oriented transit station, and are consistent
with vehicle-dependent uses.
L. The City desires to see the Midway Subarea Plan realized to
enhance the Midway area and catalyze appropriate development. To
ensure such appropriate development, and to avoid incompatible land
uses, the City Council adopted emergency interim zoning regulations
through Ordinance 4305 on January 15, 2019. Ordinance 4305 specifically
addressed transit stations and transit operations and maintenance
facilities, creating definitions of each and permitting operations and
maintenance facilities only in the Commercial Manufacutring-2 District.
M. “Transit stations” are commonly understood to be primarily
passenger-serving for the purpose of connecting users to other
destinations in the transit network. “Transit operations and maintenance
facilities” serve a distinctly different purpose, encompass significantly
different characteristics, and carry substantially different development
impacts.
N. Transit operations and maintenance facilities have large scale
footprints, generally in the range of dozens of acres. They operate in the
middle of the night due to the vehicles being available for maintenance
during the hours when there is no transit service. They provide little value
or interest for pedestrians and displace potential pedestrian-oriented land
uses such as store fronts, personal services, restaurants and
entertainment.
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Zoning Ordinance
Transit Ops. and Maint. Facilities
O. The Midway Commercial/Residential District and Midway
Transit Community 1 and 2 Districts are intended for dense, compact
development including retail, office and residential. A large footprint light
industrial use such as an operations and maintenance facility would be
detrimental to the public interest by making pedestrian-oriented
redevelopment less appealing. The characteristics of transit operations and
maintenance facilities makes them inappropriate in the Midway
Commercial/Residential District and the Midway Transit Community 1 and
2 Districts. These facilities are incompatible with the long established
Midway goals, policies, and development regulations and are incompatible
with the pedestrian orientation of a transit station.
P. The characteristics of transit operations and maintenance
facilities are, however, appropriate for and are compatible with the
Commercial Manufacturing-2 District south of South 245th Street. Not only
is the Midway Commerical-Manufacturing-2 District appropriate for these
facilities, several sites for operations and maintenance facilities are
available in this zone.
Q. Due to the characteristics of operations and maintenance
facilities and their incompatibility with transit-oriented development, the
interim zoning regulations established through Ordinance 4305 must be
made permanent. If the development of an operations and maintenance
facility is not subject to reasonable zoning and permitting considerations
that provide adequate locations for siting the facility, the development may
be located in an area contrary to the Midway Subarea Plan goals and
policies, as well as contrary to the best interests of Kent as a whole.
R. It is in the best interests of the health, safety, and welfare of
the current and future residents of Kent to enact permanent zoning
regulations relating to the siting and development of transit operations and
maintenance facilities. The failure to enact permanent zoning regulations
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Zoning Ordinance
Transit Ops. and Maint. Facilities
may result in the location of a transit operations and maintenance facility
without proper consideration of the impacts to future planned development
and existing plans. Such development would adversely impact future
development and long-range planning performed as part of the Midway
Subarea Plan and result in significantly decreased realization of the vision
therein.
S. The City has a strong interest in fostering a vibrant and
productive economic environment and a growth management goal to
promote economic opportunity within the City through land use planning.
The City Council concludes that zoning regulations prohibiting transit
operations and maintenance facilities in all Districts except the Midway
Commercial Manufacturing-2 District are required.
T. The City has an ongoing workplan item to create an Industrial
Valley Subarea Plan; this plan will update the industrial land use categories
in Kent City Code. Analysis done as part of this workplan may reveal other
zoning opportunities for siting transit operations and maintenance facilities
in industrial areas of Kent. If such opportunities are identified, the City
may update the zoning for these facilities accordingly.
U. On March 27, 2019, the City notified the state Department of
Commerce of the proposed amendment, and requested expedited review
under RCW 36.70A.106. On April 11, 2019, the state Department of
Commerce granted the City expedited review. No comments were
received.
V. On May 17, 2019, the City’s SEPA responsible official issued
an Addendum to City of Kent Comprehensive Plan Review and Midway
Subarea Planned Action Environmental Impact Statement (EIS) (#ENV-
2010-3) and City of Kent Downtown Subarea Action Plan Planned Action
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Zoning Ordinance
Transit Ops. and Maint. Facilities
Supplemental Environmental Impact Statement (SEIS) (#ENV-2012-30)
for the code amendment, pursuant to KCC 11.03, Environment Policy.
W. After appropriate public notice, a public hearing was held
before the City Council on June 4, 2019.
X. Prior to Council’s adoption of this ordinance, it adopted
Ordinance No. 4320 which established interim zoning regulating trucking-
intensive land uses. Ordinance No. 4320 also amended KCC 15.04.050.
Therefore, the code changes authorized by this ordinance are based on the
version of KCC 15.04.050 as adopted by Ordinance No. 4320.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. – Interim Zoning Repealed. The interim zoning adopted
by Council on January 15, 2019, through Ordinance No. 4305 shall be
repealed upon the date this ordinance goes into effect as provided for in
Section 9 below.
SECTION 2. – Amendment – New KCC 15.02.527.5. Chapter 15.02
of the Kent City Code, entitled “Definitions,” is hereby amended to add a
new section 15.02.527.5, entitled “Transit operations and maintenance
facilities,” as follows:
Sec. 15.02.527.5. Transit operations and maintenance
facilities. Transit operations and maintenance facilities means facilities
that serve the primary purpose of storing, refueling, cleaning, repairing,
refurbishing, rehabilitating, reconstructing, renovating, rebuilding,
improving or otherwise maintaining transit vehicles. Transit operations and
maintenance facilities are characterized as being used to support the
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8
Zoning Ordinance
Transit Ops. and Maint. Facilities
function of fixed route or fixed track transit systems, but not serving
passengers directly. Transit operations and maintenance facilities may
include, but are not limited to, buildings or structures, including office
space, as well as outdoor storage space and large areas of track to support
said facilities.
SECTION 3. – Amendment – New KCC 15.02.528.5. Chapter 15.02
of the Kent City Code, entitled “Definitions,” is hereby amended to add a
new section 15.02.528.5, entitled “Transportation and transit facilities,
including high-capacity transit facilities” as follows:
Sec. 15.02.528.5. Transportation and transit facilities,
including high-capacity transit facilities. Transportation and transit
facilities, including high-capacity transit facilities means heavy rail
stations, light rail stations, and bus depots that serve the primary purpose
of boarding, alighting, or otherwise transferring passengers onto or off of
transit vehicles. Transportation and transit facilities do not include bus
stops within the right of way. Transportation and transit facilities,
including high-capacity transit facilities, may include such appurtenances
as ticketing systems, rider amenities, loading and unloading zones,
parking lots, driver comfort stations, traction power substations, security
offices, or other similar uses that are accessory to the primary purpose of
serving passengers of the particular heavy rail station, light rail station, or
bus depot at which they are located.
SECTION 4. – Amendment – Revise KCC 15.04.050. Section
15.04.050 of the Kent City Code, entitled “Manufacturing land use
development conditions,” is hereby amended as follows:
Sec. 15.04.050. Manufacturing land use development
conditions.
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9
Zoning Ordinance
Transit Ops. and Maint. Facilities
1. The following uses require a conditional use permit:
a. Manufacture of such types of basic materials as follows:
i. Gum and wood chemicals and fertilizers, and basic
industrial organic and inorganic chemicals or products
such as alkalis and chlorine, industrial and liquid
petroleum, gases, cellophane, coal tar products, dyes
and dye products, impregnated products, tanning
compounds, and glue and gelatin.
ii. Hydraulic cement, concrete, gypsum, lime, carbon,
carbon black, graphite, coke, glass, and similar
products.
b. Manufacture of products such as the following:
i. Ammunition, explosives, fireworks, matches,
photographic film, missile propellants, and similar
combustibles.
ii. Rubber from natural, synthetic, or reclaimed materials.
iii. Paving and roofing materials or other products from
petroleum derivatives.
c. Refining of materials such as petroleum and petroleum
products, metals and metal ores, sugar, and fats and oils.
d. Distilling of materials such as bone, coal, coal tar, coke,
wood, and other similar distillates.
e. Heavy metal processes, such as ore reduction or smelting,
including blast furnaces, and including drop forging, drop
hammering, boiler plate works, and similar heavy metal
operations:
i. Asphalt batching plants.
ii. Concrete mixing and batching plants, including ready-
mix concrete facilities.
iii. Rock crushing plants and aggregate dryers.
iv. Sandblasting plants.
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10
Zoning Ordinance
Transit Ops. and Maint. Facilities
f. Animal and food processing, including the following and
similar operations:
i. Tanning, dressing, and finishing of hides, skins, and
furs.
ii. Meat and seafood products, curing, canning, rendering,
and slaughtering.
iii. Nitrating of cotton and other materials.
iv. Rendering of animal grease or tallow, fish oil, and
similar materials.
v. Slaughtering, stockyard, feedlot, dairy, and similar
operations.
vi. Pickling and brine curing processes.
vii. Wholesale produce markets.
g. Salvage, wrecking, and disposal activities, including the
following and similar operations:
i. Automobile and building wrecking and salvage.
ii. Salvage of industrial waste materials such as metal,
paper, glass, rags, and similar materials.
iii. Sewage disposal and treatment plants.
iv. Dump and sump operations for such uses as rubbish,
garbage, trash, and other liquid and solid wastes.
h. Storage of the following kinds of goods:
i. Bulk storage of oil, gas, petroleum, butane, propane,
liquid petroleum gas, and similar products, and bulk
stations and plants.
ii. Used building materials, mover’s equipment, relocated
buildings, impounded vehicles, and similar materials.
iii. Explosives or fireworks, except where incidental to a
principally permitted use.
iv. Fertilizer or manure.
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11
Zoning Ordinance
Transit Ops. and Maint. Facilities
2. Light manufacturing is permitted in the Downtown Commercial
Enterprise District as follows:
a. Laboratory and related industrial research and development
uses are permitted, including such uses as hardware or
robotics testing, industrial showrooms and training facilities
for industrial machinery.
b. Operations of sorting, packaging, recycling or distribution are
not permitted except as accessory uses to the on premise
manufacturing.
c. Heavy industrial uses that have significant external impacts
such as noise, olfactory pollution, or vibration, such as those
listed in KCC 15.04.050(1) are not permitted.
d. All processing, fabricating or assembly of products (i.e., light
manufacturing) takes place wholly within an enclosed
building.
i. Assembly is defined as creation of a component or end
item made from a number of parts and subassemblies.
This does not include the putting together of kits, gift
baskets, or packaging items produced elsewhere for
purposes of e-commerce or wholesale trading.
e. Storage is limited to items consumed, produced or altered on
the premises.
i. Outdoor storage shall only be allowed as an accessory
use to another principal use.
A. The material(s) being stored shall not exceed 12
feet in height at any point.
B. The material(s) being stored shall be wrapped or
enclosed to prevent wind-blown debris.
C. The storage area shall not exceed 15 percent of
the building footprint or 5 percent of the lot
area, whichever is less.
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12
Zoning Ordinance
Transit Ops. and Maint. Facilities
D. Outdoor storage shall be screened from public
view from Class A and B streets (as defined in
the Downtown Design Guidelines) and from trails
by Type I landscaping and minimum 6-foot tall
fence or wall.
E. Outdoor storage shall be sited to minimize
visibility.
f. Truck storage is only permitted as an accessory use to a
principally permitted use on sites 2.5 acres or larger that also
have access to a principal arterial or higher classification
roadway within 500 feet of the property, or as otherwise
approved by the director.
g. Areas designated for truck parking or loading shall be
concealed from view along public streets or trails. Dock-high
doors for truck loading are permitted at a ratio of one door
per 25,000 square feet of building area.
h. Dock-high loading doors shall be set back, recessed and/or
screened so as not to be visible from adjacent local streets or
residential properties.
i. The office portion of a manufacturing use shall be adjacent to
the public street with the highest classification.
j. Buildings must have entries on abutting Class A and B streets
(as defined in the Downtown Design Guidelines) and those
entries shall include substantial fenestration on the
associated façade, to emphasize the entry.
3. Small scale light manufacturing operations as follows: stamping,
brazing, testing, electronic assembly, and kindred operations where the
building, structure, or total operation does not encompass more than
10,000 square feet of area. The 10,000-square-foot total shall include all
indoor and outdoor storage areas associated with the manufacturing
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13
Zoning Ordinance
Transit Ops. and Maint. Facilities
operation. Only one 10,000-square-foot manufacturing operation shall be
permitted per lot.
4. Conditional use for manufacturing of paint, but manufacturing of
paint is permitted outright in the M3 zone.
5. Contractor shops where most of the work is done on call, and which
do not rely on walk-in trade, but where some incidental storage or semi-
manufacturing work is done on the premises, such as carpentry, heating,
electrical, or glass shops, printing, publishing, or lithographic shops,
furniture, upholstery, dry cleaning, and exterminators.
6. Accessory uses include sales of product accessory to and directly
related to the manufacturing or warehousing use on the site.
7. For permitted uses, accessory hazardous substance land uses,
including onsite hazardous waste treatment or storage facilities, which are
not subject to cleanup permit requirements of Chapter 11.02 KCC, subject
to the provisions of KCC 15.08.050, except offsite hazardous waste
treatment or storage facilities, which are not permitted in this district. Fuel
farm facilities are not allowed in AG or A-10 zones.
8. For permitted uses, hazardous substance land uses, including onsite
hazardous waste treatment or storage facilities, which are not subject to
cleanup permit requirements of Chapter 11.02 KCC and which do not
accumulate more than 5,000 pounds of hazardous substances or wastes or
any combination thereof at any one time on the site, subject to the
provisions of KCC 15.08.050, except offsite hazardous waste treatment or
storage facilities, which are not permitted in this district.
9. Includes incidental storage facilities and loading/unloading areas.
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14
Zoning Ordinance
Transit Ops. and Maint. Facilities
10. Includes incidental storage facilities, which must be enclosed, and
loading/unloading areas.
11. Includes ing transportation and transit terminals with repair and
storage facilities, and rail-truck transfer uses, except classification yards in
the category of “hump yards.”
12. For permitted uses, accessory hazardous substance land uses,
including onsite hazardous waste treatment or storage facilities, which are
not subject to cleanup permit requirements of Chapter 11.02 KCC, subject
to the provisions of KCC 15.08.050. Offsite hazardous waste treatment or
storage facilities are not permitted in this district, except through a special
use combining district.
13. Conditional use permit required for trucking terminals and rail-truck
transfer uses.
14. For permitted uses, accessory hazardous substance land uses,
including onsite hazardous waste treatment or storage facilities, which are
not subject to cleanup permit requirements of Chapter 11.02 KCC, subject
to the provisions of KCC 15.08.050, except offsite hazardous waste
treatment or storage facilities, which require a conditional use permit in
this district.
15. The following require a conditional use permit:
a. Offsite hazardous waste treatment or storage facilities,
subject to the provisions of KCC 15.08.050.
b. Any hazardous substance land use that is not an accessory
use to a principally permitted use.
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15
Zoning Ordinance
Transit Ops. and Maint. Facilities
16. Warehousing and distribution facilities and the storage of goods or
products, except for those goods or products specifically described as
permitted to be stored only as conditional uses in the M3 district.
17. Conditional use for car loading and distribution facilities, and rail-
truck transfer uses.
18. Warehousing and distribution facilities and the storage of goods or
products, including rail-truck transfer uses.
19. Miniwarehouses are limited to 40% of the gross leasable area of the
building in which the miniwarehousing use is located, and cannot be
located on the ground floor. For purposes of this title, miniwarehouses
means any real property designed and used for the purpose of renting or
leasing individual storage space to occupants who are to have access to
the space for the purpose of storing and removing personal property on a
self-service basis, but does not include a garage or other storage area in a
private residence.
20. Prohibited are those manufacturing activities having potentially
deleterious operational characteristics, such as initial processing of raw
materials (forging, smelting, refining, and forming).
21. The ground level or street level portion of all buildings in the
pedestrian overlay of the DC district, set forth in the map below, must be
retail or pedestrian-oriented.
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16
Zoning Ordinance
Transit Ops. and Maint. Facilities
Pedestrian-oriented development shall have the main ground floor entry
located adjacent to a public street and be physically and visually accessible
by pedestrians from the sidewalk, and may include the following uses:
a. Retail establishments, including but not limited to
convenience goods, department and variety stores, specialty
shops such as apparel and accessories, gift shops, toy shops,
cards and paper goods, home and home accessory shops,
florists, antique shops, and book shops;
b. Personal services, including but not limited to barber shops,
beauty salons, and dry cleaning;
c. Repair services, including but not limited to television, radio,
computer, jewelry, and shoe repair;
d. Food-related shops, including but not limited to restaurants
(including outdoor seating areas and excluding drive-in
restaurants) and taverns;
e. Copy establishments;
f. Professional services, including but not limited to law offices
and consulting services; and
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17
Zoning Ordinance
Transit Ops. and Maint. Facilities
g. Any other use that is determined by the economic and
community development director to be of the same general
character as the above permitted uses and in accordance with
the stated purpose of the district, pursuant to KCC 15.09.065,
Interpretation of uses.
22. Permitted uses are limited to storage, warehousing, processing, and
conversion of agricultural, dairy, and horticultural products, but not
including slaughtering, meat packing, and fuel farm facilities.
23. Excluding slaughtering, rendering, curing, or canning of meat or
seafood products.
24. Except for those goods or products specifically described as
permitted to be stored as conditional uses.
25. Excluding explosive fuels and propellants.
26. Excluding predominantly drop forge and drop hammer operations.
27. Other accessory uses and buildings customarily appurtenant to a
permitted use, except for onsite hazardous waste treatment and storage
facilities, which are not permitted in residential zones.
28. Excluding paint boiling processes.
29. Limited to 25 percent of gross floor area. Reference KCC
15.04.080(5).
30. Retail or services uses which exceed the 25 percent limit on an
individual or cumulative basis shall be subject to review individually
through the conditional use permit process. A conditional use permit shall
be required on an individual tenant or business basis and shall be granted
only when it is demonstrated that the operating characteristics of the use
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18
Zoning Ordinance
Transit Ops. and Maint. Facilities
will not adversely impact onsite or offsite conditions on either an individual
or cumulative basis.
31. Reuse or replacement of existing structures for nonagricultural uses
is allowed where it is shown that the existing structures are obsolete for
agricultural use and will have no viable economic use unless they can be
put to nonagricultural use. Any replacement structures must maintain or
enhance the agricultural appearance of the property. Signs shall be limited
to not more than 100 square feet in area per business, and of that
amount, freestanding signs shall not exceed 40 square feet in area. No
increase in the area of existing impervious surface shall be allowed in
connection with a nonagricultural use.
32. Accessory structures composed of at least two walls and a roof, not
including accessory uses or structures customarily appurtenant to
agricultural uses, are subject to the provisions of KCC 15.08.160.
33. All uses within a complex must be principally permitted uses within
the zoning district.
34. New buildings and additions to buildings (vested after April 2, 2019)
are limited to no more than one dock-high loading door per 40,000 square
feet of gross floor area; however, for buildings less than 40,000 square
feet, one dock-high loading door is permitted. The footprint area of new
buildings is limited to 125,000 square feet.
SECTION 5. – Amendment – Revise KCC 15.04.060. Section
15.04.060 of the Kent City Code, entitled “Transportation, public and
utilities land uses,” is hereby amended as follows:
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Zoning Ordinance
Transit Ops. and Maint. Facilities
Sec. 15.04.060. Transportation, public and utilities land uses.
Zoning Districts
Key
P = Principally
Permitted Uses
S = Special Uses
C = Conditional
Uses
A = Accessory
Uses A-10
AG
SR
-1
SR
-3
SR
-4.
5
SR
-6
SR
-8
MR
-D
MR
-T1
2
MR
-T1
6
MR
-G
MR
-M
MR
-H
MH
P
NC
C
CC
DC
DC
E
MT
C
-1
MT
C
-2
MC
R
CM
-1
CM
-2
GC
M1
M1
-C
M2
M3
Commercial
parking lots or
structures C C C C C
Transportation
and transit
facilities,
including high
capacity transit
facilities
C
(11)
C
(11)
C
(11)
C
(11)
C
(11)
C
(11)
C
(11)
C
(11)
C
(11)
C
(11)
C
(11)
C
(11)
C
(11)
C
(11)
(12)
C
(11)
C
(11)
C
(11)
C
(11)
C
(11)
C
(11)
C
(11)
C
(11)
C
(11)
C
(11)
C
(11)
C
(11)
C
(11)
P
(6)
(11)
Transit
operations and
maintenance
facilities
C
Railway and bus
depots, taxi
stands
C C C C C C C
Utility and
transportation
facilities:
electrical
substations,
pumping or
regulating
devices for the
transmission of
water, gas,
steam,
petroleum, etc.
C C C C C C C C C C C C C C C C C C C C C C C C C C C
Public facilities:
firehouses,
police stations,
libraries, and
administrative
offices of
governmental
agencies,
primary and
secondary
schools,
vocational
schools, and
colleges
C C C C C C C C C C C C C C C C P C C C C C C C C C C
Accessory uses
and structures
customarily
appurtenant to a
permitted use
A A A
(13)
A
(13)
A
(13)
A
(13)
A
(13)
A A A A A A A A A A A A A A A A A A A A
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Zoning Ordinance
Transit Ops. and Maint. Facilities
Key
P = Principally
Permitted Uses
S = Special Uses
C = Conditional
Uses
A = Accessory
Uses A-10
AG
SR
-1
SR
-3
SR
-4.
5
SR
-6
SR
-8
MR
-D
MR
-T1
2
MR
-T1
6
MR
-G
MR
-M
MR
-H
MH
P
NC
C
CC
DC
DC
E
MT
C
-1
MT
C
-2
MC
R
CM
-1
CM
-2
GC
M1
M1
-C
M2
M3
Wireless
telecommunicati
ons facility
(WTF) by
administrative
approval
P
(2)
(3)
P
(2)
(3)
P
(2)
(3)
P
(2)
(3)
P
(2)
(3)
P
(2)
(3)
P
(1)
(3)
P
(1)
(3)
P
(1)
(3)
P
(1)
(3)
P
(1)
(3)
P
(1)
(3)
P
(1)
(3)
P
(1)
(3)
P
(1)
(3)
P
(1)
(3)
Wireless
telecommunicati
ons facility
(WTF) by
conditional use
permit
C
(5)
(3)
C
(5)
(3)
C
(8)
C
(8)
C
(8)
C
(8)
C
(8)
C
(8)
C
(8)
C
(8)
C
(5)
(3)
C
(5)
(3)
C
(5)
(3)
C
(8)
C
(5)
(3)
C
(4)
(3)
C
(4)
(3)
C
(4)
(3)
C
(4)
(3)
C
(4)
(3)
C
(4)
(3)
C
(4)
(3)
C
(4)
(3)
C
(4)
(3)
C
(4)
(3)
EV charging
station
A
(9)
A
(9)
A
(9)
A
(9)
A
(9)
A
(9)
A
(9)
A
(9)
A
(9)
A
(9)
A
(9)
A
(9)
A
(9)
A
(9)
A
(9)
A
(9)
A
(9)
A
(9)
A
(9)
A
(9)
A
(9)
A
(9)
A
(9)
A
(9)
A
(9)
A
(9)
A
(9)
A
(9)
Rapid charging
station
A
(10)
A
(10)
A
(10)
A
(10)
A
(10)
A
(10)
A
(10)
A
(10)
A
(10)
A
(10)
A
(10)
A
(10)
A
(10)
A A A A A A A A A A A A A A
[End KCC 15.04.060]
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Zoning Ordinance
Transit Ops. and Maint. Facilities
SECTION 6. – Amendment – Revise KCC 15.04.065. Section
15.04.065 of the Kent City Code, entitled “Transportation, public and
utilities land use development conditions,” is hereby amended as follows:
Sec. 15.04.065. Transportation, public and utilities land use
development conditions.
1. For WTF towers 90 feet or less for a single user and up to 120 feet
for two or more users.
2. For WTF towers that are within the allowable building height for the
district in which they are located.
3. All WTFs are subject to applicable portions of KCC 15.08.035.
4. A conditional use permit for a WTF is required if it is greater than 90
feet for a single user or 120 feet for two or more users.
5. A conditional use permit is required if the WTF exceeds the
allowable building height of the district.
6. Transportation and transit terminal, including repair and storage
facilities and Includes rail-truck transfer uses, except classification yards in
the category of “hump yards.”
7. [Reserved].
8. If on property owned, leased or otherwise controlled by the city or
other government entity subject to KCC 15.08.035(I).
9. Level 1 and 2 charging only.
10. Only as part of a general conditional use identified in KCC
15.08.030.
6.A.a
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22
Zoning Ordinance
Transit Ops. and Maint. Facilities
11. High capacity transit facilities shall be consistent with Chapter 15.15
KCC.
12. A conditional use permit is required for high capacity transit
facilities that cross multiple zoning districts. No other transportation and
transit facilities are allowed in the MHP zoning district.
13. Accessory structures composed of at least two walls and a roof, not
including accessory uses or structures customarily appurtenant to
agricultural uses, are subject to the provisions of KCC 15.08.160.
SECTION 7. – Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 8. – 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 9. – Effective Date. This ordinance shall take effect and
be in force thirty days from and after its passage, as provided by law.
DANA RALPH, MAYOR Date Approved
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
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Zoning Ordinance
Transit Ops. and Maint. Facilities
Date Published
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
6.A.a
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Pending Approval
City Council Workshop
Workshop Regular Meeting
Minutes
May 21, 2019
Date: May 21, 2019
Time: 5:00 p.m.
Place: Chambers
I. PRESENTATIONS
1. Rapid Ride
April Delchamps, Senior Transportation Planner, Hannah McIntosh, RapidRide
Program Director, and Greg McKnight, RapidRide I Line Project Manager,
provided an overview of the program.
RapidRide is a robust arterial bus rapid transit service that is the "Best of
Metro," has high quality service and facilities, employs state of the art
innovations, travels natural transportation corridors, and has the highest
level of speed and reliability investments among metro services.
McKnight advised they are working on the planning stages of RapidRide I
Line connecting Renton, Kent, and Auburn. Currently there are 6,000 daily
riders on routes 169 and 180. Metro expects to invest $120 million in capital
investments that will include station amenities, new transit lanes, new
sidewalks and new bike lanes.
King County is applying for FTA Small Starts Funding in 2020. Preliminary
design in 2019-2020, final design and construction 2021 - 2023 and service
is expected to start in September 2023.
The I line will run parallel to the Federal Way link extension. They are hoping
to obtain half of the required funding from FTA grants. McIntosh provided
details on the grant process.
Renton-Auburn-Kent Area Mobility Plan
Improve mobility for historically under served populations.
Re-balance service to increase network efficiency and invest in priority areas.
Integrate RapidRide, fixed-route transit, dial-a-ride transit, and flexible
mobility services.
Schedule for Renton-Kent-Auburn Area Mobility Plan
· Now - Fall 2019 - Outreach and Plan Development
· Fall 2019 - Spring 2020 - Service Change Ordinance Development
· Summer 2020 - Service Change Education
· Sept. 2020 -Service Change Begins
8.A.1
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City Council Workshop Workshop Regular
Meeting
Minutes
May 21, 2019
Kent, Washington
Page 2 of 4
Community Engagement
· Metro is building overall awareness of the expansion program. They are
explaining to the community the value of their participation and are listening
to learn about and understand community needs and priorities along the
corridor.
· Phase 1 - Needs Assessment (February - May)
· Phase 2 - Concept Development (May-July)
· Phase 3 - Final Plan (September)
Key Questions that will be addressed:
1. Where do community members go or where would you like to use transit in
the Renton-Kent-Auburn areas?
2. What are the current barriers to accessing transit in the Renton-Kent-Auburn
area?
3. What transit area improvements would encourage people to use transit more
frequently?
Currently assessing:
· Public engagement process around Metro network needs
· Coordinating internally with other projects in Kent
· Capital investments for RapidRide Service
· I Line pathway - James or SR 516 (Canyon)
Upcoming activities
· Convening Mobility Board and Advisory Board
· Attending community events over the summer
· Planning community briefings and partnerships
· Ongoing coordination and planning with agency staff.
Metro-Kent Partnership
· Mobility plan recommendation
o Potential decision or action Q4 2019
· RapidRide I line locally preferred alternative
o FTA Small Starts application requirement
o Capital Investments within Kent
o Potential Decision or action Q4 2019 - Q1 2020
· Funding partnership
o Kent applied for and received an $8 million grant for this project
Next Steps include:
· Developing recommendations based on feedback from Mobility Board,
Advisory Board, and Kent city staff
· Return to Kent City Council on July 16 to report on progress
8.A.1
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City Council Workshop Workshop Regular
Meeting
Minutes
May 21, 2019
Kent, Washington
Page 3 of 4
Councilmember Higgins requested King County partner with the City when it
comes to improvements to infrastructure and connectivity at the stations and
to consider expanding service on the North end of the East Hill so that a rider
would only need to ride two buses to get to downtown Seattle.
2. Communications Update
Dana Neuts, Communications Manager gave a brief overview of the
Communications Update that includes the mission, roles, tools and impact,
and what’s next.
The Communications Mission is to engage residents and businesses through
genuine, inclusive two-way communication, represent the City professionally
in all we do - meetings, public outreach, social media posts, marketing
collateral, legislative and media relationships, resident and business
communications and position Kent as a leader, a City to emulate, and one to
be noticed, regionally and nationally.
Neuts reviewed the roles of the Communications Manager, Neighborhood
Program Coordinator, and Community Engagement Coordinator.
Neuts indicated that Multimedia is a separate department, but critical to
communications for consistent branding and messaging.
Communications is a 24/7 job. The team rotates covering issues as they
arise.
Neuts reviewed the 2019 Legislative Agenda top 5 priorities achieved. Neuts
expressed appreciation of Briahna Murray of Gordon Thomas Honeywell and
the City’s legislators in 11th, 33rd, and 47th districts for supporting Kent.
Neuts provided details and statistics on the use of social media tools:
· Facebook and Twitter statistics
· LinkedIn
· Vimeo
· YouTube
· Instagram
· Nextdoor
Each social platform has a unique audience and reach, purpose, content,
shelf-life, voice and frequency. The goal is to engage the community and
meet them where they are.
Neuts reviewed:
· KentWA.gov/News
8.A.1
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City Council Workshop Workshop Regular
Meeting
Minutes
May 21, 2019
Kent, Washington
Page 4 of 4
· eConnect
· Scene
· Coffee & Conversation
· Ask me Anything with Mayor Ralph
· Kent Now videos
The goal of the City’s Blog KentWA.gov/News, is to put all City news in one
location for easy reference and to create a place for City to tell its own
stories.
What’s next?
Neuts indicated her team will be:
· Creating a strategic 2020 Communications Plan
· Identifying ways to build communications capacity internally, including a
hiring a communications intern for the summer
· Refining governance, policies, best practices, standards and training for
communications tools
· Developing a community engagement checklist and standards internally and
feedback loop/outward reporting mechanism externally
Council expressed their appreciation of Neuts and her team and for growing
the communications tools since she was hired as the Communications
Manager.
Council expressed a desire to have a written policy regarding posting and
responding to content on the City’s social media tools.
Council also suggested Neuts reach out to the Police Department to see if
their best practices regarding their use of Facebook and Twitter might help
increase followers on the City’s social media.
Meeting ended at 6:36 p.m.
Kimberley A. Komoto
City Clerk
8.A.1
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Pending Approval
Kent City Council
City Council Regular Meeting
Minutes
May 21, 2019
Date: May 21, 2019
Time: 7:00 p.m.
Place: Chambers
1. CALL TO ORDER / FLAG SALUTE
2. ROLL CALL
Attendee Name Title Status Arrived
Toni Troutner Councilmember Present
Marli Larimer Councilmember Present
Bill Boyce Council President Present
Dana Ralph Mayor Absent
Satwinder Kaur Councilmember Present
Dennis Higgins Councilmember Present
Les Thomas Councilmember Present
Brenda Fincher Councilmember Present
3. AGENDA APPROVAL
A. Approve the agenda as presented
RESULT: APPROVED [UNANIMOUS]
MOVER: Les Thomas, Councilmember
SECONDER: Dennis Higgins, Councilmember
AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher
4. PUBLIC COMMUNICATIONS
A. Public Recognition
1. Appointment to Public Facilities District Board
2. Proclamation for National Public Works Week
Council President, Bill Boyce presented the National Public Works Week
proclamation to Tim LaPorte, Public Works Director, Kara Moore,
Administrative Services Supervisor, Kalyn Ieremia, Administrative Assistant
I, April DelChamps, Senior Transportation Planner, and Rob Brown,
Transportation Manager.
3. Proclamation for Relay for Life - Kent Days
Council President Boyce presented Ginger Oyer with the proclamation for
Relay for Life - Kent Days.
4. Recognition of Flower Court Neighborhood Council
8.A.2
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Kent City Council City Council Regular Meeting
Minutes
May 21, 2019
Kent, Washington
Page 2 of 8
Toni Azzola, Neighborhoods Programs Coordinator, provided details regarding
the Neighborhood Program and the 44th Neighborhood Council - Flower
Court Neighborhood Council.
B. Community Events
Councilmember Troutner provided details of upcoming events that will be
held at the accesso ShoWare Center, including 23 high school and college
graduations held over 15 days in June.
Councilmember Fincher advised that there will be a Kent YMCA Job Fair on
June 8, 2019 from 5 - 7 p.m. at the Kent Commons
Fincher advised of the upcoming Linda Sweezer Memorial Junteenth Festival
and Celebration on June 22nd 10 a.m. - dusk at Morrill Meadows Park
Fincher indicated the public can visit KingCD.org to find details on upcoming
King Conservation District events.
Councilmember Kaur advised that Living Well Kent has organized the Iftar
dinner that will be held on May 21st at the Kent Masonic Hall at 6:30 p.m.
Kaur advised that the Muslim community is celebrating Ramadan this month.
Kaur indicated that East Hill farmer’s market will be held every first and third
Saturday June through September from 8 a.m. at Morrill Meadows Park.
5. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF
Council President Boyce provided a recap of tonight’s two workshop
presentations: (1) RapidRide I and (2) Communications Department update.
Councilmember Larimer serves on the Sound Cities Association Advisory
Council on Aging and Disability Services that met on May 17th. The Council
heard a presentation by the Public Health Policy director for King County.
Four concerns for older adults in King County, include: homelessness, gun
violence, opioids, and dementia. Larimer conveyed that adults should be
screened for early detection.
Larimer is now serving on the King County Affordable Housing Committee
that will meet on May 29th
Councilmember Troutner chairs the City’s Public Safety Committee that will
meet on June 11th. She indicated that last week was National Police Week and
that the City sent representatives to Washington DC to recognize Kent’s
fallen officers.
Boyce conveyed that the City of Kent has the best officers in the state.
8.A.2
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Kent City Council City Council Regular Meeting
Minutes
May 21, 2019
Kent, Washington
Page 3 of 8
Councilmember Troutner serves on the Sound Cities Association Regional
Law Safety and Justice Committee that will meet on May 23rd.
Councilmember Fincher serves on the Sound Cities Association Mental Illness
and Drug Dependency Oversight Committee. No report.
Councilmember Fincher serves on the City’s Arts Commission. There will be
an art exhibit in the City’s Centennial Center on June 5th. The public will have
an opportunity to meet the artist starting at 5:30 p.m.
Fincher indicated the eight new traffic controller box art wraps are now
installed.
Fincher advised that the deadline to submit art for the Kent Creates contest
“Awakening” is June 30th.
Fincher congratulated the Parks Department adaptive recreational athletes
for moving on to the regional Special Olympics.
Fincher advised that today she attended the bill signing in Olympia for the
509/Gateway Project.
Councilmember Higgins serves on the Sound Cities Association Regional
Transit Committee. During the May 15th workshop, the Committee worked
through guiding principles of Metro’s Mobility Framework ordinance passed
last year. Metro is transforming from a transit agency to a mobility agency
and is looking to position themselves to get riders door-to-door through
transit routes. The key is to make sure they retain equity as they provide
service.
The fear is that if they partner with non-traditional transit agencies, it may
favor those with more mobility options. Investments need to be made in
areas where the need is greatest.
Some on the Regional Transit Committee, that are not from South King
County, don’t know South King County City challenges.
Councilmember Higgins chairs the City’s Public Works Committee. During
Monday’s meeting, the committee heard a report on:
1. Republic services request for the City to consider implementing a recycling
surcharge.
2. The Quiet Zone project timeline
Councilmember Kaur serves on the Sound Cities Association Domestic
Violence Initiative Regional Task Force and advised there is no meeting until
July.
8.A.2
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Kent City Council City Council Regular Meeting
Minutes
May 21, 2019
Kent, Washington
Page 4 of 8
Councilmember Kaur serves on the Sound Cities Association Growth
Management Planning Council and advised the Council will meet over the
summer.
Councilmember Kaur serves on the Sound Cities Association Puget Sound
Clean Air Agency Advisory Council and indicated the next meeting is May
30th.
Councilmember Thomas serves on the Puget Sound Regional Fire Authority
Governance Board that will meet June 19th at 5:30 p.m. at station 78 in
Covington.
Councilmember Thomas chairs the City’s Operations Committee and advised
that details regarding today’s meeting can be found in the minutes online at
KentWA.gov.
A. Chief Administrative Officer Report
Chief Administrative Officer, Derek Matheson indicated his written report is in
the packet and there is no executive session.
6. PUBLIC HEARING
Council President Boyce advised that we will now hold a public hearing for
the 2020-2025 Transportation Improvement Program Resolution.
This is a public hearing. There will be a presentation by staff, and afterwards,
the public will be permitted to provide comment and testimony. If any
member of the public wishes to testify on this matter, please sign up with the
Clerk at the front table.
Council President Boyce opened the public hearing.
April Delchamps from the Public Works Department presented the 2020-2025
Transportation Improvement Program Resolution and allowed Council the
opportunity to ask questions during and after the presentation.
Delchamps provided a brief overview of the following:
2020-2025 TIP focuses on 2019 grants
2021-2026 TIP 2020 grants
2022-2027 TIP Transportation Master Plan Integration
Delchamps reviewed projects coming off of the TIP and project changes.
DelChamps reviewed the nine projects identified as being added to the
program.
DelChamps reviewed the timeline.
8.A.2
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Kent City Council City Council Regular Meeting
Minutes
May 21, 2019
Kent, Washington
Page 5 of 8
There was no public testimony.
Move to close the public hearing
RESULT: APPROVED [UNANIMOUS]
MOVER: Les Thomas, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher
A. 2020-2025 Transportation Improvement Program - Resolution
MOTION: Adopt Resolution No. 1981, adopting the 2020-2025
Six-Year Transportation Improvement Program.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Dennis Higgins, Councilmember
SECONDER: Brenda Fincher, Councilmember
AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher
7. PUBLIC COMMENT
None.
8. CONSENT CALENDAR
RESULT: APPROVED [UNANIMOUS]
MOVER: Les Thomas, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Troutner, Larimer, Boyce, Kaur, Higgins, Thomas, Fincher
A. Approval of Minutes
1. Council Workshop - Workshop Regular Meeting - May 7, 2019 5:00 PM
2. City Council Meeting - City Council Regular Meeting - May 7, 2019
7:00 PM
B. Payment of Bills
MOTION: Approve the payment of bills received through March
31, 2019 and paid on March 31, 2019, and bills received
through April 15, 2019 and paid on April 15, 2019, approve the
checks issued for payroll March 16, 2019 through March 31,
2019 and April 1, 2019 through April 15, 2019, and audited by
the Operations Committee on May 7, 2019.
C. Appoint Greg Haffner to the Public Facilities District Board
8.A.2
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Kent City Council City Council Regular Meeting
Minutes
May 21, 2019
Kent, Washington
Page 6 of 8
MOTION: Authorize the appointment of Greg Haffner to fill the
recently vacated Position Number 2 of the Public Facilities
District Board, for the remainder of the 4-year term that will
expire on August 31, 2021.
D. Kent Airport Levee Grant - King County Flood Control District
Subregional Opportunity Fund - Authorize
MOTION: Authorize the Mayor to accept funds from the King
County Flood Control District Subregional Opportunity Fund in
the amount of $188,090 for the Kent Airport Levee project, to
establish a budget, and authorize expenditure of funds in
accordance with the grant terms and conditions, acceptable to
the Public Works Director and City Attorney.
E. Lake Fenwick Aerator Retrofit Grant – King County Subregional
Opportunity Fund - Authorize
MOTION: Authorize the Mayor to accept the King County Flood
Control District Subregional Opportunity Fund, in the amount of
$190,352, to help fund a retrofit of the Lake Fenwick Aerator,
amend the budget, and authorize expenditure of the funds in
accordance with the grant terms and conditions acceptable to
the Public Works Director and City Attorney.
F. Ordinance Clarifying the Mayor’s Authority to Accept
Dedications of Property Related to Development Permits -
Adopt
MOTION: Adopt Ordinance No. 4323, clarifying the Mayor’s
authority to accept dedications of property related to
development permits.
G. First Quarter Supplemental Budget Ordinance - Adopt
MOTION: Adopt Ordinance No. 4324, approving the
consolidating budget adjustments made between January 1,
2019 and March 31, 2019, reflecting an overall budget increase
of $12,932,103.
H. Lunar Rover Landmark Nomination - Approve
MOTION: Approve the nomination of the Apollo 15, 16 and 17
Lunar Roving Vehicles as Kent Community Landmarks.
I. Memorandum of Understanding with Kent Downtown
Partnership for the Lunar Rover Replica Capital Campaign -
Authorize
8.A.2
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Kent City Council City Council Regular Meeting
Minutes
May 21, 2019
Kent, Washington
Page 7 of 8
MOTION: Authorize the Mayor to sign the Memorandum of
Understanding between the City of Kent and the Kent
Downtown Partnership to conduct a capital campaign to
purchase and install an interactive lunar rover replica as part of
the planned redevelopment of Kherson Park in the heart of
Kent’s historic downtown, subject to terms and conditions
acceptable to the Economic and Community Development
Department Director and City Attorney.
J. Resolution Recognizing the Flower Court Neighborhood Council
- Adopt
MOTION: Adopt Resolution No. 1982, recognizing the Flower
Court Neighborhood Council supporting its community building
efforts, and conferring on it all opportunities offered by the
City’s neighborhood program.
K. 2018 Traffic Signal Replacement - Accept as Complete
MOTION: Accept the 2018 Traffic Signal Replacement Project as
complete and release retainage to Apply-A-Line, Inc., upon
receipt of standard releases from the State and the release of
any liens.
L. 2018 Guardrail Repairs Project - Accept as Complete
MOTION: Accept the 2018 Guardrail Repairs Project as
complete and release retainage to Dirt and Aggregate
Interchange, Inc. upon receipt of standard releases from the
State and the release of any liens.
M. Set June 4, 2019 as the Public Hearing on the Transit
Operations and Maintenance Facilities Zoning Code Amendment
MOTION: Set June 4, 2019 as the date for the Public Hearing on
the Transit Operations and Maintenance Facilities Zoning Code
Amendment.
9. OTHER BUSINESS
None.
10. BIDS
None.
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
None.
12. ADJOURNMENT
Council President Boyce adjourned the meeting.
8.A.2
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Kent City Council City Council Regular Meeting
Minutes
May 21, 2019
Kent, Washington
Page 8 of 8
Meeting ended at 7:46 p.m.
Kimberley A. Komoto
City Clerk
8.A.2
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DATE: June 4, 2019
TO: Kent City Council
SUBJECT: Payment of Bills
MOTION: Approve the payment of bills received through April 30, 2019 and
paid on April 30, 2019 and approve the checks issued for payroll for April
16, 2019 - April 30, 2019 and paid on May 3, 2019, and audited by the
Operations Committee on May 21, 2019.
SUMMARY:
Audited by the Operations Committee on -- 5/21/2019
Approval of payment of the bills received through-----04/30/19
and paid 04/30/19
Approval of checks issued for Vouchers:
Date Amount
04/30/19 Wire Transfers 7878 7894 $1,907,138.45
04/30/19 Regular Checks 734273 734786 $5,022,619.59
04/30/19 Payment Plus 101358 101379 $126,899.42
Void Checks ($394.64)
04/30/19 Use Tax Payable $1,232.14
$7,057,494.96
Approval of checks issued for Payroll:4/16/19-4/30/19
and paid 5/3/2019
Date Amount
5/3/2019 Checks 0
Voids and Reissues
5/3/2019 Advices 428726 729634 $1,836,568.90
$1,836,568.90
Document Numbers
Document Numbers
8.B
Packet Pg. 48
DATE: June 4, 2019
TO: Kent City Council
SUBJECT: Lodging Tax Grant Awards
MOTION: Authorize the Mayor to award the business and leisure tourism
promotion grants as recommended by the Lodging Tax Advisory
Committee.
SUMMARY: Applications for the City’s Fall/Winter 2019 Business or Leisure Tourism
Promotion Grants were accepted between March 1 and April 30, 2019. The grant
funds are to be used for the marketing, operation, promotion of activities, events or
projects that promote Kent as a business or leisure destination, and ultimately
bring more people to the City. Eligible grant recipients include non-profit
organizations, Public Facilities Districts, destination marketing organizations and
municipalities. Capital requests by non-profit organizations are ineligible uses for
these dollars.
The City received eight grant applications with requests totaling $205,780, well
within range of the approximately $300K available, simplifying the review process.
The committee members were able to evaluate and select a funding level for all
eight of the applications received using the criteria below.
Leisure and/or Business Travel Promotion – Demonstrates high potential to
promote a positive image for Kent as a leisure and/or a business destination.
Benefit to the Community – Has a high potential to result in economic benefit to
Kent. It is scalable with potential to grow and, over time, will elevate and
substantiate Kent’s brand.
Innovation - Has high potential to promote Kent as an innovation hub from a
business standpoint and reinforce Kent’s positive attributes.
Community/Partnerships Support - Exhibits high potential to elicit support by
interjurisdictional, corporate, business and/or civic organizations.
Overnight Stays – Has high potential to result in overnight stays in Kent hotels.
8.C
Packet Pg. 49
The Committee recommends funding for events and activities that bring additional
people to Kent for business and leisure travel, but also substantiate and elevate
Kent’s positive attributes as a hub for aero/outer space innovation.
BUDGET IMPACT: Lodging Tax Fund – $181,280
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure
ATTACHMENTS:
1. Grant Scoring Table (PDF)
05/21/19 Operations Committee RECOMMENDED TO
COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
6/4/2019 7:00 PM
MOVER: Dennis Higgins, Councilmember
SECONDER: Bill Boyce, Councilmember
AYES: Les Thomas, Bill Boyce, Dennis Higgins
8.C
Packet Pg. 50
Scoring Table
Title Event Venue Name of
Organization
Projected
Attendance
Projected
Overnight
Stays
Date
Range
Amount
Requested
Fund
at
100%
Fund
at
75%
Fund
at
50%
Gut Check
Wrestling
Tournament
US / Canada High
School Wrestling
Tournament
accesso
ShoWare
Center
Washington State
Wrestling Foundation 2500 800
1/3/2020
-
1/4/2020
$30,000 √
Washington
State Youth
Apprenticeship
Signing Day
Inaugural State-
wide Celebration
of Washington’s
First Youth
Apprentices
accesso
ShoWare
Center
Aerospace Joint
Apprenticeship
Committee
400 100-120 6/28/2019 $30,000 √
Renton City
Comicon
Event Celebrating
Geek, Nerd, and
Science Culture in
PNW
Renton
Technical
College
Northwest
Entertainment
Alliance
2500-3000 10-30 7/17/2019 $10,000
Migrating
Meals
Series of
Community
Events at Local,
Immigrant- or
Refugee-owned
Restaurants
Multiple Kent
Locations Project Feast 90-160 5-10 9/2019 -
5/2020 $12,000
The US
Challenge Cup
International
Major Junior
Hockey
Tournament
accesso
ShoWare
Center
Western Hockey
League (WHL) 1000-2000 550-600 2/2020 $50,000 √
8.C.a
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Organization
Projected
Attendance
Projected
Overnight
Stays
Date
Range
Amount
Requested
Fund
at
100%
Fund
at
75%
Fund
at
50%
WFTDA
International
Roller Derby
Playoff
International
Women's Roller
Derby Playoff
Tournaments
accesso
ShoWare
Center
Women's Flat Track
Derby Association 1500 600-900
9/13/2019
-
9/16/2019
$2,000 √
2020-21
Thunderbirds
Hockey
Season
Major Junior
Hockey Season
accesso
ShoWare
Center
Thunderbirds Hockey
Enterprises
170,000 -
195,000 1000+ 9/2020 -
8/2021 $66,780 √
PNDC
Summer Bash
PNDC Summer
Networking Event TBD, Kent
Pacific Northwest
Defense Coalition
(PNDC)
100 - 200 < 50 8/2019 $5,000
√
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DATE: June 4, 2019
TO: Kent City Council
SUBJECT: Medic One/Emergency Medical Services Levy Resolution -
Adopt
MOTION: Adopt Resolution No. , indicating the City of Kent’s
approval of the countywide ballot proposition to provide stable and long-
term funding for the countywide Medic One / Emergency Medical Services
system.
SUMMARY: The current countywide Medic One / Emergency Medical Services
system is funded by a voter-approved, six-year property tax levy that expires on
December 31, 2019. The levy funds Advanced Life Support services (paramedics),
which are provided by the Seattle-King County Department of Public Health in
South King County, and Basic Life Support services (firefighter/EMTs), which are
provided by 29 fire departments including the Kent-based Puget Sound Regional
Fire Authority.
King County convened an EMS task force on which Fire Chief Matt Morris
represented the City of Kent. The task force recommended a November 2019 ballot
measure to authorize a successor six-year property tax levy at an initial rate of
$0.27 per $1,000 of assessed valuation that will raise $1.1 billion over six years.
The estimated impact on a home valued at $500,000 is $135 per year.
State law requires the county to obtain approval from cities with populations
greater than 50,000 to place the levy on the ballot.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Sustainable Services
ATTACHMENTS:
1. EMS Levy Overview (PDF)
2. Medic One-EMS Levy 2020-2025 (PDF)
05/21/19 Operations Committee RECOMMENDED TO
COUNCIL
8.D
Packet Pg. 53
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
6/4/2019 7:00 PM
MOVER: Bill Boyce, Councilmember
SECONDER: Dennis Higgins, Councilmember
AYES: Les Thomas, Bill Boyce, Dennis Higgins
8.D
Packet Pg. 54
5/8/2019
1
Update on the
2020-2025 Medic One/EMS
Strategic Plan and
Levy Reauthorization
Overview
Kent City Council -Workshop
March 19, 2019
Tiered EMS
System
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2
Population
Square Miles
Number of EMS
responses
Average medic
response time
2.1 million
2,134211,551
7.7
56%
Cardiac arrest
survival rate
*EMS 2018 Annual Report
Regional EMS
System
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The Medic
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The Medic
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The Medic
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The Medic
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The Medic
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5/8/2019
6
Guiding
Principles of
our EMS
System
EMS system remains committed to medical
model.
Remains a regional, tiered system that is
rooted in partnerships.
Remains committed to finding cost
efficiencies and system effectiveness.
Remains supported by a levy to ensure
financial security.
2020-2025
Levy Planning
Process
Current 6-year Medic One/EMS levy expires
December 31, 2019.
Need to develop Strategic Plan and financing plan
(levy) for King County voters to renew in 2019.
EMS Advisory Task Force: governing body for this
process.
Priority: Ensure integrity of our regional, tiered
EMS system.
8.D.a
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5/8/2019
7
Recommendations
Endorsed by
the Task Force
Presented to the Task Force at its 9/18/18 meeting
8.D.a
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5/8/2019
8
ALS Program
Recommendations
•CONTINUE USING the unit allocation to fully fund
Advanced Life Support (ALS).
•INCLUDE A “PLACE HOLDER”for adding a
potential future unit.
•EXPLORE OPTIONS to address paramedic
workforce needs and other efficiencies.
•CONTINUE the Basic life Support (BLS) allocation;
STREAMLINE the BLS funding sources and
DISTRIBUTE it using agencies’ current AV and
service levels.
•COMMIT $4 million a year to exploring a Mobile
Integrated Healthcare (MIH) model; DISTRIBUTE
to all agencies.
•ESTABLISH guidelines for MIH to create
consistency around data collection, measures and
program reporting.
BLS Program
Recommendations
8.D.a
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5/8/2019
9
•CONTINUE delivering programs that provide
essential support to the system.
•MAINTAIN regional focus on creating additional
efficiencies and system effectiveness to improve
patient care and outcomes.
•SUPPORT Strategic Initiatives that leverage
previous regional investments to improve patient
care and outcomes.
Regional Services
Programs
Recommendations
Finance
Recommendations
MAINTAIN financial policies that provide stability
to the system:
Meet King County “Rainy Day fund” policy.
Incorporate sufficient reserves to mitigate
unforeseen financial risk.
Support an EMS levy length that ensures
sufficient funding.
8.D.a
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5/8/2019
10
EXPENDITURES & REVENUES Total
(in millions)
Total Expenditures $1,073.9
Reserves (Expenditure & Rainy Day)$41.6
TOTAL EXP.& REV.$1,115.5
2020-2025 Property Tax Forecast $1,094.7
New Other Revenues (KC)$8.6
Carryforward Reserves from 2014-2019 $20.0
TOTAL REVENUES $1,123.3
Funds available to supplement reserves $7.8
Financial Plan –Summary of Seattle & King County
2020-2025 EMS Levy: Financial Proposal
See separate attachment for Updated Proposed Financial Plan --Based on OEFA August Forecast
(in millions --27 cent levy rate)
REVENUES:Seattle KC EMS Total
Property Taxes $451.3 $643.4 $1,094.7
Other Revenue (KC EMS Fund)$8.6 $8.6
TOTAL REVENUE $451.3 $652.0 $1,103.3
EXPENDITURES:
Advanced Life Support (ALS)$149.1 $370.1 $519.2
Basic Life Support (BLS)$302.2 $140.6 $442.8
Mobile Integrated Healthcare (MIH)$26.3 $26.3
Regional Services (RS)$78.9 $78.9
Strategic Initiatives (SI)$6.7 $6.7
TOTAL EXPENDITURES $451.3 $622.6 $1,073.9
ALS Reserves $13.8 $13.8
Required Rainy Day Reserves (90-days)27.8 27.8
TOTAL WITH RESERVES $451.3 $664.2 $1,115.5
Financial Plan -Seattle & King County
2020-2025 EMS Levy: Financial Proposal
8.D.a
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5/8/2019
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Financial Plan –King County, excluding Seattle
Program Comparison: Status Quo and Proposed
(difference of $74 million TOTAL or $12 million a year)
$0
$100
$200
$300
$400
$500
$600
$700
PSQ Proposed
Am
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ALS BLS MIH/CMT RS/SI
61%*
23%
14%
60%*
22%
4%2%
14%
*ALS includes ALS Reserves
What are the changes?
2020-2025 EMS Levy: Distribution of Programmatic Increases
for King County, excluding Seattle
ALS
(including
ALS
Reserves)
50%
BLS
9%
Mobile
Integrated
Healthcare (MIH)
23%
Regional Services
4%
Strategic Initiatives
3%
Reserves*
11%
* Rainy Day Reserves ONLY; ALS Reserves shown as part of ALS
8.D.a
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5/8/2019
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Endorsed
Recommendations
IN SUMMARY:
•Ensures our programmatic and financial needs are
met.
•Includes sufficient reserves to protect the system
from unforeseen financial risks.
•Incorporates sound financial policies that provide
additional protection and flexibility.
•Continues the practice of prudent use of funds.
Endorsed
Recommendations
PROPOSAL SUPPORTS:
6-year levy
27 cents per $1,000 assessed value
Total financial plan: $1.115 billion
2019 ballot timing –not yet determined
Annual cost to a homeowner: $135
Based on $500,000 home price
8.D.a
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5/8/2019
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Next Steps
City and County Approval of EMS Levy
RCW: Levy proposal must be approved by cities
with over 50,000 in population, and the King
County Council to be placed on the ballot
Recent RCW change = 75% of those cities must
approve (formerly 100%)
Approval by 11 cities
Approval by King County Council
Questions?
8.D.a
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1 Resolution – 2020-2025
Medic One/EMS Levy
RESOLUTION NO.
A RESOLUTION of the City Council of the
City of Kent, Washington, approving the
countywide ballot proposition for funding the Medic
One/Emergency Medical Services (EMS) levy for
the period of January 1, 2020, through December
31, 2025, pursuant to RCW 84.52.069.
RECITALS
A. The delivery of emergency medical services (EMS) is an
essential function of the fire and life safety responsibility of local and
regional government.
B. The internationally recognized countywide tiered Medic
One/EMS system in King County provides county residents and visitors
essential life-saving services throughout the region regardless of location,
incident circumstances, day of the week, or time of day.
C. It has been to the benefit of the residents of the City of Kent
to support and participate in the countywide cooperative of delivering
Advanced Life Support and Basic Life Support services.
D. King County should continue to exercise leadership and
assume responsibility for assuring the consistent, standardized, effective
and cost-efficient development and provision of EMS throughout the
county.
8.D.b
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2 Resolution – 2020-2025
Medic One/EMS Levy
E. RCW 84.52.069 provides for countywide emergency medical
care and service levies, and King County is seeking voter authorization of a
six-year Medic One/EMS levy for the period of 2020-2025.
F. The highly praised patient and program services of the King
County Medic One/EMS system are funded by a prior countywide six-year
Medic One/EMS levy that expires December 21, 2019.
G. The EMS Advisory Task Force, created via Executive Order
PHL-0-1-EO, worked collaboratively with regional EMS Stakeholders to
develop the Medic One/EMS 2020-2025 Strategic Plan for providing this
countywide service, and recommends pursuit of a Medic One/EMS levy, per
RCW 84.52.069; with an initial levy rate of $0.27 cents per one thousand
dollars assessed value, to fund EMS throughout King County for the next
six years.
H. The City of Kent significantly participated in these discussions
throughout the process and was represented on the Task Force.
I. In order to continue funding for EMS for six years, RCW
84.52.069 requires that cities with a population greater than fifty thousand
approve the countywide levy proposal prior to placement on a ballot.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. – Recitals Incorporated. The above Recitals are
incorporated into this resolution and constitute the findings of the Kent City
Council.
SECTION 2. – Approval of County-Wide Levy Proposal. The City of
Kent hereby approves submitting to the voters a ballot proposition to
8.D.b
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3 Resolution – 2020-2025
Medic One/EMS Levy
provide stable and long-term funding for the countywide Medic One/EMS
levy on the ballot in 2019.
SECTION 3. – Severability. If any one or more section, subsection,
or sentence of this resolution is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
resolution and the same shall remain in full force and effect.
SECTION 4. – Corrections by City Clerk. Upon approval of the city
attorney, the city clerk is authorized to make necessary corrections to this
resolution, including the correction of clerical errors; resolution, section, or
subsection numbering; or references to other local, state, or federal laws,
codes, rules, or regulations.
SECTION 5. – Effective Date. This resolution shall take effect and
be in force immediately upon its passage.
DANA RALPH, MAYOR Date Approved
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
8.D.b
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DATE: June 4, 2019
TO: Kent City Council
SUBJECT: Interlocal Agreement with King County Flood Control
District for Signature Pointe Levee - Authorize
MOTION: Authorize the Mayor to sign an Interlocal Agreement between the
City of Kent and the King County Flood Control District regarding the
acquisition of property and reimbursement of the City’s costs and expenses
for the Signature Pointe Levee Project, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
SUMMARY: The Signature Pointe Levee is located on the right bank of the Green
River between Washington Avenue South and SR516. The levee does not meet
100-year FEMA Accreditation standards for flood protection and needs to be
repaired. The proposed project will include increasing the flood protection level to a
500-year design standard.
This Interlocal Agreement between the City of Kent and the King County Flood
Control District includes provisions for the City to purchase property to construct
the levee and provides the District with easements to operate and maintain the
levee in the future. The Agreement also includes provisions to remove structures
necessary for future construction. This future work will enable the City to accredit
the levee for FEMA flood insurance purposes. The District will reimburse the City for
expenses related to the above work as described the Agreement.
In the future, a separate Interlocal Agreement will be needed for additional
property acquisition, design, and construction of the levee.
BUDGET IMPACT: This Interlocal Agreement will provide $1,600,000 to the Project
budget. Expenses will be reimbursed by the King County Flood Control District.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure, Innovative Government, Sustainable Services
ATTACHMENTS:
1. Draft Agreement regarding Property Acquisition Signature Pointe Levee
Improvement Project (PDF)
8.E
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05/20/19 Public Works Committee RECOMMENDED TO
COUNCIL
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] Next:
6/4/2019 7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Dennis Higgins, Brenda Fincher, Toni Troutner
8.E
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‐1‐
DRAFT 5/7/2019 AGREEMENT REGARDING PROPERTY ACQUISITION
Signature Pointe Levee Improvement Project
River Mile 21.7 to 23.2, Right Bank
THIS AGREEMENT REGARDING PROPERTY ACQUISITION (“Agreement”)
related to the Signature Pointe Levee Improvement, River Mile 21.7 to 23.2, 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
special purpose district of the State of Washington (“District”) (collectively, the "Parties").
RECITALS
A. King County, Washington, through its Water and Land Resources Division of the
King County Department of Natural Resources and Parks, as service provider to the District
pursuant to an interlocal agreement, manages, operates and maintains a major portion of the
Green River levee system.
B. The Signature Pointe Levee (“Levee”) is a key part of the Green River levee
system. The District desires to improve the Levee to provide improved flood protection and
scour protection, enable certification and FEMA accreditation, and secure necessary land rights
for river bank protection and other flood related works (the Levee improvement will hereafter be
referred to as the “Project”). The area of the Project is the right bank of the Green River from
River Mile 21.7 to 23.2.
C. The District has included the Project on its 2018-2023 Capital Budget Project
List, and budgeted $300,000 in its 2018 Capital Budget for an analysis of design alternatives for
the Project. The District has also included Pre-Construction Acquisition in its 2019-2024 Capital
Budget Project List, and budgeted $5,000,000 in its 2019 Capital Budget for strategic acquisition
of properties necessary to construct levee projects and reduce the risk of construction delays.
The Parties desire to construct the Project as soon as possible, with an optimistic goal of
commencing construction in the year 2021. However, before construction can commence, the
necessary property rights must first be acquired, and the existing structures removed.
D. The preliminary plan for the Project is to increase the height of the Levee to
achieve the Lower Green River System-Wide Improvement Framework’s provisional flood
protection goal of 500-year or 18,800 cubic feet per second (cfs), plus three feet of freeboard.
E. At the District’s request and on its behalf, the City has agreed to acquire
necessary real property and real property interests (“Real Property”) to construct the Project in
furtherance of the parties’ common interest in flood protection for Kent and the larger regional
community, and agreed to remove the structures thereon. This Real Property may include
8.E.a
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without limitation fee title, permanent restrictive easements, or temporary construction
easements as the Parties may agree are necessary for the Project. The Parties intend for the City
to acquire the Real Property as soon as practicable, with a goal of completing the acquisitions
provided for by this Agreement by the end of 2019, but with the understanding that this
acquisition date is not firm and may be exceeded if voluntary acquisition efforts are unsuccessful
and formal eminent domain proceedings become necessary.
AGREEMENT
The Parties agree as follows:
1. Incorporation of Recitals Definitions. All recitals above are hereby incorporated
in and ratified as part of this Agreement. The District Executive Director or designee shall have
the discretion and right to perform the functions of the District in this Agreement, unless
otherwise provided in this Agreement.
2. Acquisition and Transfer of Real Property.
a. The City shall acquire title to and interests in the real property (“Real
Property”) described in this Agreement, or such additional Real Property that the City and
District agree is necessary for public use through ownership, construction, installation, operation,
maintenance, repair, replacement and removal of the Project in accordance with this Agreement.
In acquiring Real Property, the City shall comply with the following procedures, laws, and
regulations: (i) the Washington State Department of Transportation Right of Way Manual
(M26.01.17); (ii) Chapters 8.12, 8.25, and 8.26 RCW; (iii) Chapter 308-125 WAC; and (iv) King
County Flood Control Zone District Property Acquisition Policy approved in Resolution FCD
2016-22.2. In the event the District’s Property Acquisition Policy conflicts with a mandatory law
or regulation that applies to action being taken by the City, the mandatory law or regulation will
control over the Acquisition Policy. In acquiring Real Property, the City shall acquire the Real
Property in a size and location the City and the District agree is necessary for the Project and
public use. For each Real Property acquisition, the City (i) shall prepare and submit to the
District, prior to the commencement of the acquisition process, a schedule that includes work
tasks, task durations, and task linkages, and (ii) will communicate regularly with WLRD and the
District, providing written reports when requested by WLRD or the District.
b. The District shall approve before execution by the City all conveyance
documents proposed to acquire the Real Property from the property owners and to transfer the
Real Property to the District. Any easements granted by the City to the District shall be in the
form of the standard River Protection Easement in Reference 8P to the King County Surface
Water Design Manual, or in a different form acceptable to the District.
c. The District shall approve before expenditure by the City any individual
cost or expense that exceeds $10,000 in the City’s acquisition or transfer of Real Property
8.E.a
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pursuant to this Agreement. The District agrees it will reimburse the City for City’s actual costs
and expenses incurred in acquiring the Real Property and removing the structures thereon, and
that reimbursement requests will be submitted and paid in accordance with Section 4 of this
Agreement.
d. The City shall acquire fee title of the Real Property identified by the
District for acquisition which supports the Project’s goals to (i) allow for ownership,
construction, installation, operation, maintenance, repair, replacement, and removal of the
Project; (ii) allow for a continuous Green River Trail (“Recreational Trail”); and (iii) allow for a
new roadway alignment of South 251st Street between the Signature Pointe Apartments to the
west and Washington Avenue to the east (“Roadway Alignment”). After the Project is fully
constructed, the City shall grant to the District an easement over that portion of the Real Property
the District requires to own, construct, install, inspect, operate, maintain, repair, replace, and
remove the Project. As part of its regular communications with the District regarding the
acquisition of the Real Property, the City shall submit to the District background information,
appraisals, analysis and negotiations with the owner of the Real Property. The District shall
reimburse the City for acquisition of the Real Property in accordance with Section 4.
3. Removal of Structures.
a. Once the Real Property is acquired and the City has title and possession to
the Real Property, the City will hire a contractor to demolish and remove all structures on the
Real Property, including any existing septic tank, oil heating system, or other appurtenances
associated with the Real 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 3, and
those reimbursement requests will be submitted and paid in accordance with Section 4 of this
Agreement.
4. Reimbursement of City Expenditures – General.
a. As provided for in this Agreement, the District will reimburse the City all
costs and expenses incurred by the City to acquire or transfer the Real Property (“City Costs”)
The maximum reimbursement for City costs currently authorized through this Agreement is
$1,600,000 for the acquisition of the Real Property identified in Section 2 and the removal of
structures per Section 3. However, the parties understand that the market rate for Real Property
is in a constant state of flux and the area is currently experiencing an unprecedented increase in
property values. Therefore, the parties agree and understand that this maximum reimbursement
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amount may be insufficient to acquire the Real Property and, consequently, to fully reimburse
the City for its actual costs incurred. In the event it appears this budget amount will be
insufficient to complete the work authorized under this Agreement, the parties agree to negotiate
in good faith to amend the Project budget or redefine the Project as the parties mutually agree is
necessary. In such an event, the City’s Mayor and the District’s Executive Director are
authorized to execute an amendment to this Agreement to amend the Project budget or redefine
the Project up to an additional amount of $100,000. Any increases beyond this amount will
require an amendment to this Agreement and may require additional approval of the Kent City
Council and the King County Flood Control District’s Board of Supervisors.
b. Reimbursement requests for City Costs incurred in accordance with this
Agreement may be submitted by the City on a no more frequent basis than once a month. The
request shall be in a form and shall contain information and data as required by the District.
Upon receipt of a request for reimbursement, the District may request the City to provide a status
or progress report concerning all acquisitions of Real Property that are not the subject of the
request. The District may delay payment until receipt of this report.
c. The District shall review the requests to confirm that they are
reimbursable and payable under this Agreement. The District shall endeavor to complete such
review and pay the reimbursement within forty-five (45) days of receipt of a request.
d. The District may postpone review of a City request for reimbursement
where all or any part of the request is inaccurate or incomplete. The District shall notify the City
of any inaccuracies or incompleteness within thirty (30) days of receipt of the request. The City
shall provide all additional information or data within thirty (30) days of the District’s request for
such additional information or data. If the request is still inaccurate or incomplete in the
reasonable opinion of the District, the dispute shall be resolved in accordance with Section 10 of
this Agreement. After resolution of the dispute, the District shall provide reimbursement as
provided in this Section.
e. The District may also postpone payment of any portion of a request for
reimbursement where the City is delinquent in the submittal, preparation, or completion of any
document, work, or services required by this Agreement and related to the Real Property that is
the subject of the request for reimbursement.
f. This Section 4 pertains to information the City may need to submit to the
District with its reimbursement request for processing. However, nothing in this Section shall be
interpreted as releasing the District from any obligation to pay any just compensation, damages,
or costs ordered by a Court to be paid to a Real Property owner as a result of any eminent
domain proceeding, or the actual costs or expenses incurred by the City in acquiring the Real
Property when that cost or expense was approved by the District in accordance with Section 2.c.
or as otherwise authorized by this Agreement.
8.E.a
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5. Duration—Effective Date. This Agreement shall take effect on the date on which
the second party signs this Agreement, and shall remain in effect until all terms of this
Agreement are completed or four (4) years from the effective date of this Agreement, whichever
occurs first.
6. Third Parties. This Agreement and any activities authorized hereunder shall not be
construed as granting any rights or privileges to any third person or entity, or as a guarantee or
warranty of protection from flooding or flood damage to any person, entity or property, and
nothing contained herein shall be construed as waiving any immunity to liability to the City, the
District or King County, granted under state statute, including Chapters 86.12 and 86.15 RCW,
or as otherwise granted or provided for by law.
7. Liens and Encumbrances. The City acknowledges and agrees that it will not cause
or allow any lien or encumbrance arising from or related to this Agreement to be placed upon the
real property interests of King County or the District. If such lien or encumbrance is so placed,
King County or the District shall have the right to remove such lien and charge the costs of such
removal to the City. If there are pre-existing encumbrances which are required to be removed by
the City in order to construct the Project, the costs will be reimbursable by the District as
described in Section 4 of this Agreement.
8. Indemnification. To the maximum extent permitted by law, each Party shall
defend, indemnify and hold harmless the other Party, and all of its officials, employees,
principals and agents, from any and all claims, demands, suits, actions, fines, penalties and
liability of any kind, including injuries to persons or damages to property, arising out of or
relating to any negligent acts, errors or omissions of the indemnifying Party and its contractors,
agents, employees and representatives in performing these obligations under this Agreement,
unless such damages and injuries to persons or property are caused by or result from the sole
negligence or willful misconduct of the District or its contractors, employees, agents, or
representatives, or the City or its contractor or employees, agents, or representatives. Each
Party’s obligation hereunder applies only to the extent of the negligence of such Party or its
contractor or employees, agents, or representatives. This indemnification provision shall not be
construed as waiving any immunity granted to the City, the District, or King County, under state
statute, including chapters 86.12 and 86.15 RCW, as to any other entity.
The foregoing indemnity is specifically and expressly intended to constitute a waiver of
each Party’s immunity under industrial insurance, Title 51 RCW, as respects the other Party
only, and only to the extent necessary to provide the indemnified Party with a full and complete
indemnity of claims made by the indemnitor’s employees. This waiver has been mutually
negotiated.
9. Insurance. Each Party recognizes that the other is self-insured and accepts such
coverage for liability arising under this Agreement. Should any Party choose not to self-insure,
8.E.a
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that Party shall maintain and keep in full force and effect a policy of general liability insurance in
an amount not less than One Million Dollars ($1,000,000) per occurrence with an additional
excess liability policy of not less than Ten Million Dollars ($10,000,000) and will provide the
other Party with a certificate of insurance and additional insured endorsement that will name the
other Party as an additional insured.
10. Dispute Resolution. The Parties will seek to resolve any disputes under this
Agreement as follows:
a. For disputes involving cost reimbursements or payments, as provided for
in Section 3 above, submittal of all relevant information and data to an independent Certified
Public Accountant or a Construction Claims Consultant, if agreed upon by the Parties, for a non-
binding opinion as to the responsibility.
b. If the foregoing does not result in resolution and for all other disputes, the
Parties may mutually select any informal means of resolution and ultimately seek resolution
within the Superior Court for King County, Washington.
c. Each Party will be responsible for its own costs and attorney’s fees in
connection with the dispute resolution provisions of this paragraph 10.
11. Entire Agreement; Amendment. This Agreement represents a full recitation of the
rights and responsibilities of the Parties and may be modified only in writing and upon the
consent of both Parties.
12. Binding Nature. The rights and responsibilities contained in this Agreement shall
inure to the benefit of and are binding upon the Parties and their respective successors in interest
and assigns.
13. Notices, Communications and Documents. Unless applicable law requires a
different method of giving notice, any and all notices, demands or other communications
required or desired to be given hereunder by either Party (collectively, "notices") shall be in
writing and shall be validly given or made to the other Party if delivered either personally or by
Federal Express or other overnight delivery service of recognized standing, or if deposited in the
United States Mail, certified, registered, or express mail with postage prepaid, or if sent by
electronic mail. If such notice is personally delivered, it shall be conclusively deemed given at
the time of such delivery. If such notice is delivered by Federal Express or other overnight
delivery service of recognized standing, it shall be deemed given one (1) business day after the
deposit thereof with such delivery service. If such notice is mailed as provided herein, such shall
be deemed given three (3) business days after the deposit thereof in the United States Mail. If
such notice is sent by electronic mail, it shall be deemed given at the time of the sender's
transmission of the electronic mail communication, unless the sender receives a response that the
8.E.a
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electronic mail message was undeliverable. Each such notice shall be deemed given only if
properly addressed to the Party to whom such notice is to be given as follows:
To City: Tim LaPorte, Public Works Director
220 Fourth Avenue South
Kent, WA 98032
Phone: (253)856-5500
Email: tlaporte@KentWA.gov
To District:
Michelle Clark, Executive Director
516 Third Avenue, Room 1200, W-1201
Seattle, WA 98104
Phone: (206) 477-2985
Email: michelle.clark@kingcounty.gov
Either Party may change its address for the purpose of receiving notices as herein provided by a
written notice given in the manner aforesaid to the other Party.
14. Severability. If any provisions of this Agreement or its application are held
invalid, the remainder shall not be affected.
15. Authority. The undersigned warrant that they have the authority duly granted by
their respective legislative bodies to make and execute this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement, which shall
become effective on the last date signed below.
CITY OF KENT KING COUNTY FLOOD CONTROL
ZONE DISTRICT
By: By:
Dana Ralph Reagan Dunn
Its: Mayor Its: Board Chair
DATE: __________________________ DATE:________________________
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: By:
City Attorney District Attorney
8.E.a
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DATE: June 4, 2019
TO: Kent City Council
SUBJECT: Accept the Lake and Walla Properties Demolition Project as
Complete
MOTION: Authorize the Mayor to accept the Lake and Walla Properties
Demolition Project as complete and release retainage to Skycorp, Ltd.,
upon receipt of standard releases by the State and the release of any liens.
SUMMARY: In August 2017, the Parks Department utilized the Municipal Research
Services Center’s Small Works Roster to contract with Skycorp Ltd. to demolish
houses, outbuildings and a barn on at the Lake and Walla properties adjacent to
Clark Lake Park. The final contract amount including all change orders and tax was
$110,495.00.
BUDGET IMPACT: Parks Land Acquisition Budget
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community, Evolving Infrastructure
ATTACHMENTS:
1. Lake, Walla Demos-Skycorp-Final Completion Notice (PDF)
8.F
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KENT
PARKS, RECREATION & COMMUNITY SERVICES
Terry Jungman, Parks Planning & Development Manager
Parks, Recreation and Community Services
22O 4th Avenue South
Kent, WA 98032
Fax: 253-856-6050WasHrNoroN
PHONE: 253-856-5110
May 23,2OL9
Skyler Waldal
Skycorp Ltd.
526 Northwest Ave, Ste 11
Arlington, WA 98223
RE: Lake and walla Properties Demolition at clark Lake, #ppD1g-02
Skyler:
I made a final inspection of the Lake & Walla Properties on 5/3/2019 and found thatthe project is completed to my satisfaction. This letter constitutes Notice of Final
Completion of the Lake & Walla Properties Demolition project.
To avoid delays in closing out the project and the release of retained funds, please
remember to ensure that all prevailing wage affidavits are filed promptly with
Washington L&L
If you have any questions, please call or email. Thank you.
Regards,
Bryan Higgins
Bryan Higgins, Parks Capital Project Manager
Parks Planning & Development Division
Parks, Recreation, & Community Services
220 Fourth Avenue South, Kent, WA 98032
253-856-5110
bhigqins@KentWA.oov
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City of Kent Parks, Recreation & Community Services
Julie Parascondola, Director
8.F.a
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DATE: June 4, 2019
TO: Kent City Council
SUBJECT: Midway Mobile Mansions Rezone Ordinance (QUASI-
JUDICIAL) - Adopt
MOTION: Ordinance No. _______, adopting the Findings, Conclusions, and
Recommendation of the Hearing Examiner on the Midway Mobile Mansions
rezone application and to adopt approving the Midway Mobile Mansions
Rezone from MHP to MTC-1 and MCR.
SUMMARY: The 1997 Midway Group L.P. owns the Midway Mobile Mansions mobile
home park, a 4.56-acre property located at 24426 Pacific Highway South, and has
requested the City rezone the property from MHP (Mobile Home Park) to MTC-1
(Midway Transit Community - 1) for the westernmost 315 feet and MCR (Midway
Commercial/ Residential) for the remainder of the property. The proposed zoning
configuration mirrors the neighboring parcels to the north. The MTC-1 and MCR
zoning districts are consistent with the existing Comprehensive Plan Land Use Map
designation of TOC (Transit Oriented Community) and the Midway Subarea Plan,
which was adopted in 2011 in anticipation of construction of high capacity transit
facilities nearby.
The applicant has no immediate plans to sell or redevelop this property. A
relocation plan must be submitted to and approved by the City of Kent prior to sale
or redevelopment of the property, in accordance with Kent City Code sections
12.05.320 and 12.05.330, and as conditioned by the City of Kent SEPA Responsible
Official for the Mitigated Determination of Nonsigificance (MDNS). Submittal and
City approval of a relocation plan is also recommended as a condition of rezone
approval by the City of Kent hearing examiner.
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 May 1, 2019, the hearing examiner recommended the Midway Mobile
Mansions rezone application be approved. City planning staff agrees with the
hearing examiner’s recommendation and recommends Council accept it.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City
9.A
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ATTACHMENTS:
1. Midway Mobile Mansion Rezone Ordinance (PDF)
2. Hearing Examiner Findings,Conclusion,Recommendation (PDF)
3. Midway Mobile Mansions Rezone Staff Report (PDF)
4. Rezone Application Mobile Mansions (PDF)
5. Relocation Plan Approval Memo Midway Mobile Mansions (PDF)
6. Relocation Plan Midway Mobile Mansions Rezone (PDF)
9.A
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1 Midway Mobile Mansions Rezone
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, relating to land use and
zoning, specifically the rezoning of a 4.56-acre
parcel located at 24426 Pacific Highway South,
Kent, Washington from MHP, Mobile Home Park, to
MTC-1, Midway Transit Community-1 and MCR,
Midway Commercial/ Residential (Midway Mobile
Mansions Rezone RZ-2019-1, KIVA#RPP4-
2190342).
RECITALS
A. An application to rezone one parcel totaling approximately
4.56 acres in size from the current zoning of MHP, Mobile Home Park, to
MTC-1, Midway Transit Community-1 and MCR, Midway Commercial/
Residential zoning, was filed on January 31, 2019, by Christina Dugoni of
1997 Midway Group L.P. (Midway Mobile Mansions Rezone RZ-2019-1,
KIVA#RPP4-2190342).
B. The SEPA Responsible Official issued a Mitigated
Determination of Nonsignificance for the proposed rezone on April 3,
2019, with one condition: If the mobile home park is sold or redeveloped
for a use other than for mobile homes, the property owner shall submit a
new relocation plan to the City of Kent in accordance with Kent City Code
sections 12.05.320 and 12.05.330. The appeal period for this MDNS ended
April 17, 2019. No appeals were received by the City.
C. Pursuant to RCW 36.70A.030, site-specific rezones authorized
by a comprehensive plan are not considered development regulations and,
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2 Midway Mobile Mansions Rezone
consequently, the proposal does not require notification to the state
Department of Commerce.
D. After appropriate public notice, a public hearing on the rezone
was held before the Hearing Examiner on May 1, 2019. Following the
public hearing, on May 21, 2019, the Hearing Examiner issued his findings
and conclusions that the Midway Mobile Mansions Rezone is consistent with
the City’s comprehensive plan, that the proposed rezone and any
subsequent development would be compatible with nearby land uses, that
the proposed rezone would not unduly burden the transportation system,
that circumstances have changed substantially to warrant the proposed
rezone, and that, with conditions, the proposed rezone would not
adversely affect the public health, safety and general welfare of the
citizens of the City of Kent.
E. Based on these findings and conclusions, the Hearing
Examiner recommended City Council approve the Midway Mobile Mansions
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 Midway Mobile Mansions Rezone issued on May 21, 2019, are
consistent with the rezone standards and criteria of section 15.09.050(C)
of the Kent City Code. The City Council hereby adopts the findings and
conclusions of the Hearing Examiner, as well as the Hearing Examiner’s
recommendation for approval of the Midway Mobile Mansions Rezone of
the 4.56-acre parcel from MHP zoning (Mobile Home Park) to MTC-1 zoning
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3 Midway Mobile Mansions Rezone
(Midway Transit Community – 1) and MCR zoning (Midway Commercial/
Residential).
SECTION 2. – Rezone. The property located at 24426 Pacific
Highway South, Kent, Washington, consisting of approximately 4.56-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 212204-9106 located in
Kent, Washington, shall be rezoned from MHP, Mobile
Home Park, to MTC-1, Midway Transit Community–1 for
the westernmost 315 feet of the property, and MCR,
Midway Commercial/ Residential for the remainder of the
parcel. The zoning shall mirror the adjacent parcels to the
north.
The city of Kent zoning map shall be amended to reflect the rezone
granted above.
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 30 days from and after its passage.
9.A.a
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4 Midway Mobile Mansions Rezone
DANA RALPH, MAYOR Date Approved
ATTEST:
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
Date Published
APPROVED AS TO FORM:
_____
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
9.A.a
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Exhibit A
Midway Mobile Mansions Rezone Site Map
9.A.a
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TEGAT DESCRIPTION
PORTION OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 21, TOWNSHIP 22 NORTH, RANGE 04 EAST, W.M. AND OF BLOCK ].8 INTERURBAN
HEIGHTS FOURTH SECTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTH HALF OF THE NORTH HALF OF THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER:
THENCE S89'59'OO"W ALONG THE SOUTHERLY LINE THEREOF, 25O.OO FEET TO THE POINT OF
BEGINNING;
THENCE NOO'2g'OO"W PARALLEL WITH THE EATERLY LINE OF SAID SUBDIVISION TO NORTH LINE OF SAID
SUBDIVISION;
THENCE WEST ALONG SAID NORTH LINE, 4OO.OO FEET.
THENCE SOO'29'OO"E PARALLEL WITH THE EAST LINE OF SUBDIVISION TO POINT 1OO.OO1 FEET NORTH OF
ÏHE SOUTH LINE OF SAID SUBDIVISION;
THENCE s89'49'00"w PARALLEL wlrH THE sourH LINE oF sAtD suBDtvtstoN, 677.g83 FEEI MoRE oR
LESS, TO EASTERLY LINE OF STATE ROAD NO 1;
THENCE SO8'52'33"W ALONG SAID EASTERLY LINE, 101.258 FEET TO THE INTERSECTION OF SAID
EASTERLY LINE WITH SOUTH LINE OF SAID SUBDIVISION FROM WHICH POINT THE POINT OF BEGINNING
BEARS N89'49'OO"E;
THENCE N89'59'OO"E ALONG SAID SOUTH LINE, 1094.42 FEET TO THE POINT OF BEGINNING.
EXCEPT ANY PORTION THEREOF IN SAID BLOCK 18 THAT MAY LIE NORTH OF SOUTH LINE OF LOT 6 IN
SAID BLOCK 18;
AND EXCEPT PORTION THEREOF CONVEYED TO THE CITY OF KENT BY DEED UNDER RECORDING NO
20050627002962.
9.A.a
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Findings, Conclusions, and Recommendation
City of Kent Hearing Examiner
Midway Mobile Mansions Rezone
No. RZ-2019-1, KIVA #RPP4-2190342
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-2019-1
) KIVA #RPP4-2190342
)
Laura Bachman, on behalf of )
1997 Midway Group LP )
)
) FINDINGS, CONCLUSIONS,
For a Site-Specific Rezone ) AND RECOMMENDATION
SUMMARY OF RECOMMENDATION
The Hearing Examiner recommends that the request for a zoning map amendment
(rezone) of a 4.56-acre property at 24426 Pacific Highway South, from the Mobile
Home Park (MHP) zoning district to a split-zone of both the Midway Transit
Community-1 (MTC-1) and Midway Commercial/ Residential (MCR) zoning districts
be APPROVED. A condition is necessary to mitigate specific impacts of the
proposed development.
SUMMARY OF RECORD
Hearing Date:
The Hearing Examiner held an open record hearing on the request on May 1, 2019.
The record was left open until May 7, 2019, to allow the appeal period under the
State Environmental Policy Act to pass.
Testimony:
The following individuals presented testimony under oath at the open record
hearing:
Kaelene Nobis, City Planner
Erin George, City Planning Manager
Exhibits:
The following exhibits were admitted into the record:
1. Staff Report, dated April 24, 2019
2. Distribution of Staff Report and Agenda, and Declaration of Service, dated
April 24, 2019
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Findings, Conclusions, and Recommendation
City of Kent Hearing Examiner
Midway Mobile Mansions Rezone
No. RZ-2019-1, KIVA #RPP4-2190342
Page 2 of 10
3. Zoning Map Amendment (Rezone) Application, received January 31, 2019;
Comprehensive Plan Designation and Vicinity Map, undated
4. Plans:
a. Boundary and Topographic Survey (Sheet 1 of 1), dated January 28,
2019
b. Site Map (Sheet 1 of 1), dated January 2019
c. Proposed Zoning (Fig. 1), dated April 2019
5. Notice of Public Hearing, with Affidavit of Posting, dated Aril 19, 2019, with
site drawing
6. Notice of Public Hearing, ad for publication; email from Gale Gwin to Tanya
Kosen, dated April 1, 2019, with email string
7. Distribution of Notice of Public Hearing, with Affidavit of Mailing, dated April
19, 2019; Mailing list, dated March 29, 2019
8. Notice of Application, dated February 22, 2019, with Affidavit of Posting,
dated February 22, 2019; Distribution of NOA Material, with declaration of
delivery, dated February 22, 2019
9. Notice of Application, ad for publication, dated February 22, 2019; email
from Gale Gwin to Daniel Blincoe, dated February 19, 2019, with email string
10. SEPA Materials:
a. Environmental Checklist, dated January 23, 2019
b. Mitigated Determination of Nonsignificance, dated April 9, 2019; with
Affidavit of Posting, dated April 9, 2019; Mitigated Determination of
Nonsignificance, dated April 3, 2019
c. Environmental Review Report, dated March 29, 2019
11. Letter from Merina Hanson to Laura Backman, dated April 18, 2019;
Relocation Report and Plan (RRP), Alliance Pacific, Inc., dated January 2019
12. Certificate of Sewer Availability, undated; email from Jon Nelson to Marc
Montieth, dated January 9, 2019; Certificate of Sewer Availability, dated
January 10, 2019
13. Certificate of Water Availability, dated January 9, 2019, with attachments
The Hearing Examiner enters the following findings and conclusions based upon the
testimony and exhibits admitted at the open record hearing:
FINDINGS
Application and Notice
1. Laura Bachman, on behalf of 1997 Midway Group LP (Applicant), requests a
zoning map amendment (rezone) to change a 4.56-acre parcel to a split-
zone, from the MHP zoning district to the MTC-1 and MCR zoning districts.
No redevelopment of the mobile home park is proposed as part of the rezone
request. The proposal would result in the subject property mirroring the
split-zoning of adjacent parcels to the north: the westernmost 156 feet of
the property (adjacent to Pacific Highway South) would be zoned MTC-1 and
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Findings, Conclusions, and Recommendation
City of Kent Hearing Examiner
Midway Mobile Mansions Rezone
No. RZ-2019-1, KIVA #RPP4-2190342
Page 3 of 10
the remainder would be zoned MCR. The property is located at 24426 Pacific
Highway South.1 Exhibit 1, Staff Report, pages 1 and 2; Exhibit 3; Exhibit 4.
2. The City of Kent (City) determined the application was complete on January
31, 2019. On February 22, 2019, the City posted notice of the rezone
application, sent notice to public agencies and parties of record, and
published notice in the Kent Reporter. On April 19, 2019, 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 written public comments in response to its notice
materials. Exhibit 1, Staff Report, page 6; Exhibits 5 through 9.
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, with mitigation, the proposal would not have a probable
significant adverse impact on the environment. On April 9, 2019, the City
issued a Mitigated Determination of Nonsignificance (MDNS). At the open
record hearing on the application, City Planner Kaelene Nobis testified that
notice of the MDNS was not published until April 17, 2019, and requested
that the record be left open until May 7, 2019, to allow appropriate time for
the SEPA comment period and appeal deadline. As noted above, the Hearing
Examiner granted the request. No comments specific to SEPA were received,
and the MDNS was not appealed. The MDNS requires that, if the existing
mobile home park on-site is sold or redeveloped for a different use, the
property owner must obtain approval of a relocation plan, as required by
Kent City Code (KCC) 12.05.320 and .330.2 Exhibit 1, Staff Report, pages 3
and 4; Exhibit 10; Testimony of Ms. Nobis.
1 The property subject to the rezone request is identified by King County tax parcel number
2122049106. A legal description of the property is included with the project plans. Exhibit 1, Staff
Report, pages 2 and 4; Exhibit 4.
2 Under the State Mobile Home Landlord-Tenant Act (Chapter 59.20 RCW) and RCW 59.20.080, the
owner of a mobile home park must take certain steps before evicting tenants pursuant to
redevelopment of a property serving as a mobile home park. These steps include submitting a
relocation report that addresses assisting tenants with mobile home relocation, providing tenants with
information about relocation resources, referring tenants to alternative public and private subsidized
housing resources, and helping tenants obtain and complete necessary applications forms for state -
required relocation assistance. The City adopted KCC 12.05.320 and.330 to address these
requirements. The Applicant submitted a relocation report/plan with the rezone application t hat
acknowledges that, currently, the property owner does not intend to sell the property or change the
9.A.b
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Findings, Conclusions, and Recommendation
City of Kent Hearing Examiner
Midway Mobile Mansions Rezone
No. RZ-2019-1, KIVA #RPP4-2190342
Page 4 of 10
Existing Site and Comprehensive Plan
4. The property was annexed into the City of Kent in 1962, under Ordinance No.
1124. The site is developed as a mobile home park. There are no sensitive
or critical areas on-site. Vegetation on the subject property consists
primarily of deciduous and evergreen trees, shrubs, and grass. No
vegetation would be removed or altered as part of the rezone request. The
site is generally flat, with less than 10 feet of grade change along the length
of the property. Exhibit 1, Staff Report, pages 1 through 4.
5. Pacific Highway South, a principal arterial street, provides access to the site
from the west. 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 5.
6. The property is designated “Transit Oriented Community” (TOC) under the
City’s Comprehensive Plan and is within the “Midway Subarea Plan” adopted
by the City Council on December 13, 2011. The general goal of the Midway
Subarea Plan is to create a dense, pedestrian-friendly, sustainable
community that provides jobs, housing, services, and public open space
around nodes of high-capacity mass transit while maintaining auto-oriented
uses between transit-oriented nodes. Comprehensive Plan: Midway Subarea
Plan, page 29. The Comprehensive Plan identifies the MTC-1 and MCR
zoning districts as compatible with the TOC designation. Comprehensive
Plan, Land Use Element, page 15. These zoning districts, in fact, were
specifically created to implement the goals and policies of the Midway
Subarea Plan. Exhibit 1, Staff Report, page 7.
7. 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 support a range of public
facilities and urban services. Goal LU-1.
Focusing household and employment growth in the urban center and
the designated activity centers to provide adequate land and densities
to accommodate a large portion of the adopted 20-year housing and
new jobs targets within the planning area. Goal LU-3.
Increasing employment opportunities and housing choices in support
of rapid light-rail and mass transit options within areas designated
Transit Oriented Community. Goal MLU-1.
use of the property at this time and that no eviction notices have been issued to existing tenants.
Exhibit 1, Staff Report, page 3; Exhibit 11.
9.A.b
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Findings, Conclusions, and Recommendation
City of Kent Hearing Examiner
Midway Mobile Mansions Rezone
No. RZ-2019-1, KIVA #RPP4-2190342
Page 5 of 10
Providing flexibility in land uses and density as the market transitions
from auto-oriented development to dense, pedestrian-friendly
development. Policy MLU-1.3.
Promoting a diversity of housing types that supports a full range of
incomes and household structures within the Midway Subarea. Goal
MH-1.
Exhibit 1, Staff Report, pages 6 and 7.
8. Adjacent and nearby properties to the north, east, and west are also
designated TOC under the Comprehensive Plan and contain three single-
family residences, vacant land, and a contractor storage yard. Property to
the south is designated Commercial under the Comprehensive Plan and
contains the (closed) midway landfill and associated stormwater pond.
Exhibit 1, Staff Report, pages 2 and 3.
Site-Specific Rezone
9. The property is currently zoned “Mobile Home Park” (MHP). Under KCC
15.03.010, the purpose of the MHP district is to provide for appropriate
locations for mobile home parks. As noted above, adjacent property to the
north is split-zoned as MTC-1 and MCR. Pacific Highway South abuts the
property to the west. Property to the east is generally zoned MCR. Property
to the south is zoned “Commercial-Manufacturing-2” (CM-2). The Kent City
Council approved an area-wide rezone for the project area in December 2011
(when the Comprehensive Plan designation changed). Existing property
zoned MHP, however, was not impacted by the area-wide rezone. Exhibit 1,
Staff Report, pages 2 and 3.
10. As noted above, the Applicant requests that the property be rezoned with
split-zoning to match the property to the north. If approved, the
westernmost 156 feet of the property (adjacent to Pacific Highway South)
would be zoned MTC-1 (Midway Transit Community-1), and the remainder
would be zoned MCR (Midway Commercial/Residential). The purpose of the
MTC-1 zoning district is to provide an area that encourages the location of
moderately dense and varied retail, office, or residential activities in support
of rapid light-rail and mass transit options while still acknowledging the
existing character of the highway corridor. KCC 15.03.010. The purpose of
the MCR zoning district is to provide an area that encourages the location of
dense and varied retail, office, or residential activities in support of rapid
light-rail and mass transit options while enhancing a pedestrian-oriented
character. KCC 15.03.010. Exhibit 1, Staff Report, page 3.
11. The Applicant submitted a project narrative with its application materials.
The project narrative argues that a site-specific rezone should be approved
because:
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Findings, Conclusions, and Recommendation
City of Kent Hearing Examiner
Midway Mobile Mansions Rezone
No. RZ-2019-1, KIVA #RPP4-2190342
Page 6 of 10
The rezone would be consistent with the Comprehensive Plan, which
allows MTC-1 and MCR zoning districts within the TOC land use
designation.
There is no specific development planned for the site at this time, but
the rezone would match the zoning of the site to adjacent parcels.
There is no specific development currently planned for the site, so the
rezone would not have any transportation impacts.
The proposed rezone would not adversely affect the health, safety, and
general welfare of area residents, and the intention of the rezone is
just to match the zoning of the property to that of adjacent properties
in the vicinity.
Exhibit 3.
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 MTC-1 and MCR zoning
districts are consistent with the TOC designation. Moreover, several
Comprehensive Plan goals and policies (as described above) support
the rezone request, and rezoning the property would allow future
redevelopment of the site consistent with the adopted Midway Subarea
Plan.
Existing development within the Midway Subarea generally consists of
several mobile home parks, small businesses, strip malls, a big box
store, light industrial operations, and outdoor storage yards.
Significant redevelopment of the area, however, is anticipated as a
result of the Sound Transit Link light-rail station, which is to be
constructed north of the property at 30th Avenue South and 236th
Street. Future redevelopment of the property is expected to be
compatible with other future redevelopment allowed by the new
Comprehensive Plan designation of TOC. Adherence with development
regulations and design review standard when the site is redeveloped
would further ensure compatibility with adjacent uses.
No redevelopment is currently proposed, so no additional traffic
generation is expected. Transportation impacts from subsequent
redevelopment of the site would be addressed in the future, including
any required mitigation.
Sound Transit received funding in 2008 to extend light-rail from
SeaTac Airport to South 272nd Street; on December 13, 2011, the
City adopted the Midway Subarea Plan, changing the Comprehensive
Plan designation of property in the vicinity to address this substantial
change in circumstances. The MTC-1 and MCR zoning districts were
created to implement the objectives of the Midway Subarea Plan and
the TOC Comprehensive Plan designation. Although an area-wide
rezone occurred in 2011, mobile homes parks were not included
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Findings, Conclusions, and Recommendation
City of Kent Hearing Examiner
Midway Mobile Mansions Rezone
No. RZ-2019-1, KIVA #RPP4-2190342
Page 7 of 10
because Chapter 12.05 KCC requires that an owner of a mobile home
park take certain steps before property redevelopment occurs,
consistent with requirements under state law.
Subsequent development on the site would have to meet all applicable
codes and regulations and would have to comply with the mitigation
measure required under SEPA, related to relocation of existing mobile
home park tenants. No redevelopment of the site, however, is
currently proposed, and the rezone would not adversely affect the
health, safety, and general welfare of area residents.
Exhibit 1, Staff Report, pages 7 through 9.
Testimony3
13. City Planner Kaelene Nobis 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. She stressed that no redevelopment of the site is currently
proposed but that rezoning the property to match the zoning of other
properties in the vicinity would allow for future redevelopment consistent
with the Comprehensive Plan. Ms. Nobis noted that, with light-rail extending
to the area, future growth and higher-density development is expected in the
near future. Testimony of Ms. Nobis.
14. City Planning Manager Erin George testified about the SEPA process that
occurred. She noted that site-specific rezones are normally exempt from
SEPA if an associated redevelopment proposal would be exempt from review.
Here, because no redevelopment has been proposed, the City conducted
SEPA review to consider the range of possibilities of what could occur with
future site redevelopment. Ms. George testified, however, that any specific
project for redevelopment proposed in the future would require additional
SEPA review (for non-exempt projects). Testimony of Ms. George.
Staff Recommendation
15. Ms. Nobis testified that City staff reviewed the application and recommend
that the proposal be approved subject to compliance with the mitigation
measure required under the MDNS as a condition of approval. Exhibit 1,
Staff Report, page 9; Testimony of Ms. Nobis.
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
3 Applicant Representative Laura Bachman attended the open record hearing but did not provide any
testimony about the proposal.
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Findings, Conclusions, and Recommendation
City of Kent Hearing Examiner
Midway Mobile Mansions Rezone
No. RZ-2019-1, KIVA #RPP4-2190342
Page 8 of 10
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.
5. The proposed rezone will not adversely affect the health, safety,
and general welfare of the citizens of the city.
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 Mobile Home Park (MPH) to Midway Transit
Community-1 (MTC-1) and Midway Commercial/Residential (MCR) would
permit future development consistent with the Comprehensive Plan
designation of the property as Transit Oriented Community. In addition, the
rezone would be consistent with several Comprehensive Plan and Midway
Subarea Plan goals and policies, including: ensuring appropriate densities
that are supported by public facilities and urban services; focusing household
and employment growth in the urban center and designated activity centers;
increasing employment opportunities and housing choices in support of rapid
light-rail and mass transit options; providing flexibility in land uses and
density as the market transitions from auto-oriented to pedestrian-friendly
development; and promoting a diversity of housing types that supports a full
range of incomes and household structures within the Midway Subarea.
Findings 1, 4 – 15.
2. The proposed rezone and any subsequent development would be
compatible with the existing neighborhood. Properties south of the site
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Findings, Conclusions, and Recommendation
City of Kent Hearing Examiner
Midway Mobile Mansions Rezone
No. RZ-2019-1, KIVA #RPP4-2190342
Page 9 of 10
are used for commercial purposes and abut and are accessed from Pacific
Highway South (which abuts the property to the west), part of a commercial
corridor in the city. Properties to the north and east are developed with
single-family residences, or are undeveloped or underdeveloped. Significant
redevelopment in the area is expected with development of the new Sound
Transit Link light-rail station to be constructed north of the subject property
at 30th Avenue South and 236th Street. Future redevelopment of the site
would be compatible with other future redevelopment allowed by the Transit
Oriented Community designation under the Comprehensive Plan. Moreover,
design review standards and development regulations specific to the MTC-1
and MRC zoning districts would be reviewed with any future redevelopment
to ensure compatibility when redevelopment eventually occurs. Findings 4 –
15.
3. The proposed rezone would not unduly burden the transportation
system. No redevelopment of the site is currently planned. Accordingly,
rezoning the property would not adversely impact traffic in the area. Traffic
impacts from subsequent development would be addressed when
redevelopment occurs, including providing mitigation as required by the
municipal code. Findings 1, 4 – 15.
4. Circumstances have changed substantially to warrant the proposed
rezone. Sound Transit received funding in 2008 to extend light-rail from
SeaTac airport to the area, a substantial change that is expected to result in
significant redevelopment in the area. In anticipation of this, in 2011, the
City of Kent changed the Comprehensive Plan designation for all property in
the vicinity to Transit Oriented Community (TOC), adopted the Midway
Subarea Plan for the area, and implemented an area-wide rezone. The
subject property was not included in the area-wide rezone because of
requirements under Chapter 12.05 KCC related to relocation of mobile
homes. Matching the zoning on the property with the zoning of similarly
situated property to the north, however, would allow for future
redevelopment of the property consistent with the Comprehensive Plan.
Findings 1, 4 – 15.
5. With conditions, 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
comments were received on the proposal. The City reviewed the
environmental impacts of the proposed subdivision and issued a Mitigated
Determination of Nonsignificance, which was not appealed. The MDNS
requires that, if the existing mobile home park on-site is sold or redeveloped
for a different use, the property owner must obtain approval of a relocation
plan as required by Kent City Code (KCC) 12.05.320 and .330. City water
9.A.b
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Findings, Conclusions, and Recommendation
City of Kent Hearing Examiner
Midway Mobile Mansions Rezone
No. RZ-2019-1, KIVA #RPP4-2190342
Page 10 of 10
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 design review standards, 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 for a zoning map amendment (rezone) of
a 4.56-acre parcel at 24426 Pacific Highway South, from the Mobile Home Park
(MHP) zoning district to a split-zone of both the Midway Transit Community-1 (MTC-
1) and Midway Commercial/Residential (MCR) zoning districts, be APPROVED, with
one condition:
1. If in the future the mobile home park is sold or redeveloped for a use other
than for mobile homes, the property owner shall submit to the City of Kent
for approval of a new relocation plan/report in accordance with Kent City
Code Sections 12.05.320 and 12.05.330.
RECOMMENDED this 21st day of May 2019.
ANDREW M. REEVES
Hearing Examiner
Sound Law Center
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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
May 1, 2019
FILE NO: Midway Mobile Mansions Rezone
RZ-2019-1 KIVA#RPP4-2190342
APPLICANT: 1997 Midway Group LP
6619 132nd Ave NE #270
Kirkland, WA 98033
AGENT: Laura Bachman
2102 49th Ave SW
Seattle, WA 98166
bachmanconsulting@gmail.com
REQUEST: A request to rezone one parcel totaling 4.56
acres from MHP, Mobile Home Park, to MTC-1,
Midway Transit Community-1 and MCR,
Midway Commercial/ Residential.
STAFF
REPRESENTATIVE: Kaelene Nobis, Planner
STAFF
RECOMMENDATION: APPROVAL with conditions
I. GENERAL INFORMATION
A. Description of the Proposal
The applicant is requesting a Zoning Map Amendment (Rezone) of one
parcel totaling 4.56 acres from MHP, Mobile Home Park, to MTC-1,
Midway Transit Community-1 and MCR, Midway Commercial/
Residential. No redevelopment of the mobile home park is proposed
as part of the rezone request. The applicant proposes to mirror the
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Staff Report
Midway Mobile Mansions Rezone
RZ-2019-1, KIVA #RPP4-2190344
Page 2 of 9
split zoning of the parcels to the north. The first approximately 156
feet would be zoned MTC-1 and the remainder would be MCR.
B. Location
The property is located at 24426 Pacific Highway South and is
identified as King County parcel number 2122049106.
C. Size of Property
The one parcel totals 4.56 acres in size.
D. Surrounding Zoning
The site is located near the western edge of the Kent City limits and
abuts Pacific Highway to the west. Properties located north and east of
the site within the Kent City limits are zoned MTC-1, Midway Transit
Community-1 and MCR, Midway Commercial/Residential. Properties to
south of the site are CM-2, Commercial Manufacturing-2.
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Midway Mobile Mansions Rezone
RZ-2019-1, KIVA #RPP4-2190344
Page 3 of 9
E. Land Use
The subject site is developed as a mobile home park with a
comprehensive plan land use designation of TOC, Transit Oriented
Community. The properties to the north and west have a land use
designation of TOC and contain three single family homes, vacant land
and a contractor storage yard. The properties to the south have a land
use designation of commercial and contain the closed midway landfill
and associated stormwater pond. The request to rezone the property
to MTC-1 and MCR is consistent with the comprehensive plan land use
designation.
F. History
The property is part of 141 acres annexed to the City of Kent in 1962
under Ordinance No. 1124. The subject property was created through
the Interurban Heights Fourth Section as recorded in Volume 17 of
Plats Page 86 in 1909.
On December 13, 2011 the Kent City Council approved an amendment
to the Comprehensive Plan Land Use Map changing the designation of
the subject site from MHP, Mobile Home Park, to TOC, Transit Oriented
Development as a result of the Midway Subarea plan. An area-wide
rezone was also approved by the Kent City Council on December 13,
2011, however, existing Mobile Home Park zoning designations were
not affected by the area-wide rezone.
G. Relocation Plan
With the rezone application, the applicant submitted a relocation
report/plan as required by Kent City Code. The relocation plan was
approved by the City on April 18, 2019. The approved relocation
report/plan acknowledges that there is no intent to sell the property or
change the use at this time, and the owner has not issued eviction
notices to the tenants. The report/plan included documentation that
demonstrated the residents have received notification of the proposed
rezone. The approval states that with future development of the
property, the owner will be required to submit to the City for approval
an updated relocation plan/report in accordance with Kent City Code
Sections 12.05.320 and 12.05.330.
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Midway Mobile Mansions Rezone
RZ-2019-1, KIVA #RPP4-2190344
Page 4 of 9
II. ENVIRONMENTAL CONSIDERATIONS
A. Environmental Assessment
A Mitigated Determination of Nonsignificance (ENV-2018-8, RPSW-
2190344) for the rezone proposal was issued on April 9, 2019 with one
condition requiring a new relocation report/plan in accordance with
Kent City Code 12.05.320 and 12.05.330 be approved by the City if in
the future the mobile home park is proposed to be sold or redeveloped
for a use other than for mobile homes.
B. Significant Physical Features
Topography, Wetlands and Vegetation
No sensitive areas have been identified on the subject site. Vegetation
on the subject parcel consists of deciduous and evergreen trees,
shrubs and grass. No vegetation will be removed or altered as part of
the rezone application. The site is generally flat with less than 10 feet
for grade change along the property.
C. Significant Social Features
1. Street System
The subject site abuts and takes access from Pacific Highway
South. Pacific Highway is designated as a principal arterial. As a
non-project action, the rezone application will have no effect on
the public transportation system. Future uses may increase
traffic due to new residents or commercial buildings. Future site
development may require upgrades to Pacific Highway and
existing infrastructure. Any development will be reviewed at that
time for project specific impacts and may be required to pay a
transportation impact fee.
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.
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RZ-2019-1, KIVA #RPP4-2190344
Page 5 of 9
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
The following departments and agencies were advised of this application:
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 Highline School District
Washington State DOT King Co. Wastewater Treatment
Washington State DOE Century Link
Puget Sound Energy King County Transit Division
Highline Water District Midway Sewer District
Sound Transit
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
Friday April 19, 2019. No public comments were received on this proposal.
IV. PLANNING SERVICES REVIEW
A. Comprehensive Plan and Midway Subarea 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
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
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RZ-2019-1, KIVA #RPP4-2190344
Page 6 of 9
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.
On December 13, 2011 the Kent City Council approved Ordinance No.
4009 adopting the Midway Subarea Plan as part of the City’s
Comprehensive Plan. With adoption of the Plan, the Comprehensive
Plan Land Use Map designation for the subject site and immediate
vicinity was changed to Transit Oriented Community (TOC) (Ordinance
4012). The overall goal of the Midway Subarea Plan is to create a
dense, pedestrian-friendly, sustainable community that provides jobs,
housing, services and public open space around nodes of high capacity
mass transit while maintaining auto-oriented uses between the transit-
oriented nodes.
In addition, the City of Kent Comprehensive Plan and Midway Subarea
plan contain 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-3: Kent will focus household and employment growth in the
urban center and designated activity centers to provide adequate land
and densities to accommodate a large portion of the adopted 20-year
housing target or 10,858 new dwelling units and 15,648 new jobs
within Kent’s planning area.
Midway Subarea Plan:
Land Use Goal MLU-1: Increase employment opportunities and housing
choices in support of rapid light rail and mass transit options within
areas designated Transit Oriented Community.
Policy MLU-1.3: Provide flexibility in land uses and density as the
market transitions from auto-oriented development form to a dense
pedestrian friendly development form.
9.A.c
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Staff Report
Midway Mobile Mansions Rezone
RZ-2019-1, KIVA #RPP4-2190344
Page 7 of 9
Land Use Goal MH-1: To promote a diversity of housing types that
supports a full range of incomes and household structures within the
Midway Subarea.
Planning Services Comment:
The proposed rezone is consistent with the goals and policies of the
Comprehensive Plan and the Midway Subarea Plan. The proposed new
zoning designations of MTC-1 and MCR were specifically created to
implement the goals and policies of the Midway Subarea plan. Land
uses allowed in these zones, together with the updated development
regulations and design guidelines will encourage dense, high quality,
pedestrian friendly development near transit stations and may include
housing, commercial, or a mix of uses.
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
On December 13, 2011 the Kent City Council adopted the Midway
Subarea Plan which amended the Comprehensive Land Use Plan Map
designation of the subject properties to Transit Oriented Community
(TOC). The requested zoning designations of Midway Transit
Community-1 (MTC-1) and Midway Commercial Residential (MCR) are
consistent with the Comprehensive Plan designation of TOC. This
designation allows retail, office, and multifamily residential uses
together in the same area or as a stand-alone use. The designation
also allows high-density uses in support of rapid transit investments.
A rezone of the site will allow the properties to redevelop in a manner
consistent with the Midway Subarea Plan.
2. The proposed rezone and subsequent development of the site
would be compatible with development in the vicinity.
Planning Services Comment
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Staff Report
Midway Mobile Mansions Rezone
RZ-2019-1, KIVA #RPP4-2190344
Page 8 of 9
Existing development within the Midway Subarea generally consists of
several mobile home parks, small businesses, strip malls, a big box
store, light industrial operations and outdoor storage yards. However,
significant redevelopment of the vicinity is anticipated as a result of
the new Sound Transit Link light rail station to be constructed north of
the site at 30th Ave S and 236th. Future redevelopment of the subject
site as a result of the rezone is expected to be compatible with other
future redevelopments allowed by the new Comprehensive Plan
designation of TOC. The MTC-1 and MCR development regulations and
Midway Design Review standards will further ensure compatibility of
any redevelopment of the site with adjacent uses.
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
A non-project rezone of this property to MTC-1 and MCR will not
generate additional trips onto the existing transportation system.
Transportation impacts resulting from subsequent redevelopment of
the site will require mitigation in the form of payment of
Transportation Impact Fees, the developer meeting the requirements
of the City of Kent Construction Standards for roadway improvements,
and relevant mitigation measures from the 2015 City of Kent
Comprehensive Plan Review and Midway Subarea Planned Action Final
Environmental Impact Statement.
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 the southern boundary
of the Midway Subarea. On December 13, 2011 the City of Kent
adopted the Midway Subarea Plan changing the Comprehensive Plan
Land Use Map designation of the site and immediate vicinity to Transit
Oriented Community. Also on December 13, 2011 an area-wide rezone
changed the zoning in the vicinity of the site to Midway Transit
Community-1 (MTC-1) and Midway Commercial/ Residential (MCR);
and development regulations were adopted for the new districts to
implement the objectives of the Midway Subarea Plan. Mobile Home
Parks were not included in the area-wide rezone due to the provision
9.A.c
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Staff Report
Midway Mobile Mansions Rezone
RZ-2019-1, KIVA #RPP4-2190344
Page 9 of 9
of Kent City Code 12.05.340 requiring an owner of a mobile home park
to obtain a certificate of completion from the City’s Housing and
Human Services manager certifying that the owner has complied with
the provisions of an approved relocation plan and report. The owner of
the subject site submitted a relocation plan/report which was approved
by the City on April 18, 2019 with a condition that the mobile home
park owner is required to update the Economic and Community
Development Department of any change in circumstances occurring
after submission of the relocation report and plan that affects plan
implementation.
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
The proposed rezone is consistent with the Kent Comprehensive Plan
and the Midway Subarea Plan. Subsequent development on the site
will have to meet all applicable codes and regulations, including
mitigation of anticipated environmental impacts. The March 29, 2019
SEPA decision for the rezone request requires that an updated
relocation plan/report in accordance with KCC 12.05.320 and
12.05.330 be submitted to the city for review and approval prior to a
future mobile home park sale or redevelopment proposal to a use
other than for mobile homes. One-year notice to tenants prior to the
closing of the park is required by Kent City Code 12.05.320.B. That
notice must comply with RCW 59.20.080 and 59.21.030 pursuant to
the State Mobile Home Landlord-Tenant Act Chapter 59.20 RCW.
Therefore, the rezone proposal will not adversely affect the health,
safety and general welfare of the citizens of the City 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 conditions of the Midway
Mobile Mansions rezone.
1. If in the future the mobile home park is sold or redeveloped for
a use other than for mobile homes, the property owner shall
submit to the City of Kent for approval of a new relocation
plan/report in accordance with Kent City Code Sections
12.05.320 and 12.05.330.
KENT PLANNING DEPARTMENT
April 24, 2019
9.A.c
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PS
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Please print Ín hlack Ínk only. J,4J{ ,3 f
zone) Application
INGlON
PLANNING SERVICES
Application - ?-ot
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Map Alr,
,jíl ífi
Name:frA r bnl¿v Btt-ø l\9toN 9
Public Notice Board Fee and
Application Fee...See Fee Schedule
KIVA\*, ??P4 - 2lio31T
OFFICE USÊ ONLY
¡iù
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USE ONLY
Address/Location:lMt ?nt 4tem'1,+/ S.Zonez
King County Parcel Number (s):
'/¿ Secti
21720 1? to)Acres:.
Township N Range
Phone:88/ -
Signature:
K Privately lnitiated
Received ov, SG hk
Section
Applicant: (mandatory)
Name: /
Mailing Address:
City/State/Zip
Professional License No
Property Owner
property owner)
L
Contact Person:
1: (mandatory if different from applicant; attach additional info/signature sheets if more than one
Name: Daytirne phone:
Name:
Mailing Address Fax Number
City/Slate/Zip: Signature:
Property Owner 2: (if more than two property owners attach additional info/signature sheets)
Mailing Address Fax Number
City/StatelZi Signature
The above signed property owners, certify that the above information is true and correct to the best of our knowledgeand under penalty of perjury, each state that we are all of the legal owners of the property OesciiOãOãd;"';il'--'designate the followíng party to act as our agent with respect tolhis application:
AgenuconsultanuAttorney: (mandatory if primary contact is different from applicant)
Name Daytime Phone: JA/ 'Øq /Ø
Mailing Address:â, taa +"..hr€ SA/Fax Number:
City/State/Zi nse No.:
EmailAddress
OFFICE USE ONLY:
Date Application Received
Date Application Complete
GHI-2
E cny+nitiated
Completeness Review by
psd40.l6 12_14 p. I of I I
9.A.d
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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:
Zoning Map:
Gurrent Designationn47 Requested Desi
lilz7-r
Reason/ Rationale for proposed Zoning Map Amendment (Rezone):
/2.a
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GHI-2 psd4046 12_14 p. 2 of ll
9.A.d
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CITY OF KENT
ZONING MAP AMEN DMENT APPTICATION
Rezone Submittal Requirements Checklist
Applicant: Midway Mobile Mansions
24426 Pacific Highway South
ff, *,", F,! rys _".¡: l.:,æ q: l_.,,Ì '1å".ù
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L Yes, this proposed rezoning is consistent with the Comprehensive Plan, see attached printout
from City of Kent Planning Dept;
2. There is no specific development plan for this site at this time, but the rezoning would make the
site match the zoning of the adjacent parcels;
3. There is no specific development plan for this site at this time, so there should be no
transportation impacts;
4. There haven't been any substantial changes since the latest zoning changes to adjacent parcels.
This rezoning request is just meant to get this site's zoning to match that of the adjacent parcels.
5. Since there is no specific development plan at this time, there should be no adverse effect on
the health, safety and general welfare to the citizens of Kent.
N/A -the proposed new zoning is MTC-1and MCR, not Ml-C;
N/A- the proposed new zoning is MTC-I and MCR;
N/A-the proposed new zoning is MTC-1and MCR, not Multifamily ResidentialTownhouse;
L. Original application - enclosed
2. Legal Description - enclosed (5 copies)
3. Vicinity Map - enclosed (5 copies)
4. Adjacent zoning map - enclosed (5 copies)
5. Map from #4 above, reduced size - enclosed (1 copy)
6. Water and Sewer certificates attached (5 copies)
7. SEPA application - enclosed
8. Site plans/survey - enclosed (5 copies)
9. Site and development plans - N/A because no new development is planned at this time;
C:
D:
E
9.A.d
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CITY OF KENT
ZON¡NG MAP AMENDMENT APPLICATION
Rezone Submittal Requirements Checklist
JÁf"i it I ;ÌJi$Applicant: Midway Mobile Mansions
24426 pacific Highway South
!
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TEGAT DESCRIPTION
PORTION OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 21, TOWNSHIP 22 NORTH, RANGE 04 EAST, W.M. AND OF BLOCK ].8 INTERURBAN
HEIGHTS FOURTH SECTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTH HALF OF THE NORTH HALF OF THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER:
THENCE S89'59'OO"W ALONG THE SOUTHERLY LINE THEREOF, 25O.OO FEET TO THE POINT OF
BEGINNING;
THENCE NOO'2g'OO"W PARALLEL WITH THE EATERLY LINE OF SAID SUBDIVISION TO NORTH LINE OF SAID
SUBDIVISION;
THENCE WEST ALONG SAID NORTH LINE, 4OO.OO FEET.
THENCE SOO'29'OO"E PARALLEL WITH THE EAST LINE OF SUBDIVISION TO POINT 1OO.OO1 FEET NORTH OF
ÏHE SOUTH LINE OF SAID SUBDIVISION;
THENCE s89'49'00"w PARALLEL wlrH THE sourH LINE oF sAtD suBDtvtstoN, 677.g83 FEEI MoRE oR
LESS, TO EASTERLY LINE OF STATE ROAD NO 1;
THENCE SO8'52'33"W ALONG SAID EASTERLY LINE, 101.258 FEET TO THE INTERSECTION OF SAID
EASTERLY LINE WITH SOUTH LINE OF SAID SUBDIVISION FROM WHICH POINT THE POINT OF BEGINNING
BEARS N89'49'OO"E;
THENCE N89'59'OO"E ALONG SAID SOUTH LINE, 1094.42 FEET TO THE POINT OF BEGINNING.
EXCEPT ANY PORTION THEREOF IN SAID BLOCK 18 THAT MAY LIE NORTH OF SOUTH LINE OF LOT 6 IN
SAID BLOCK 18;
AND EXCEPT PORTION THEREOF CONVEYED TO THE CITY OF KENT BY DEED UNDER RECORDING NO
20050627002962.
9.A.d
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KENT
HOUSING AND HUMAN SERVICES
Merina Hanson
Housíng and Human Services Manager
2ZO 4lh Avenue South
Kent, WA 98032
Fax ; 253-856-6070Wa9HrñoToN
PHONE: 253-856-5070
April 18, 2Ol9
Laura Bachman
The Bachman Group, LLC
2IA2 49th Avenue SW
Seattle, WA 98166
Re Midway Mobile Mansions
24426 Pacific Highway S., Kent, WA 98032
A Certificate of Completion of the Relocation Report and Plan is issued for Midway
Mobile Home Park. The owner has not issued eviction notices to the tenant as there
is no intent to sell said property or change the use at this time. Documentatíon was
provided via a Limited Scope Relocation Report and Plan (RRP) in January 20Lg
that demonstrated the residents have received notification of the proposed rezone,
Resídents have also been notified that the owners are not planning to sell or close
the park. The mobile home park owner is required to update the Community and
Economic and Community Development Department with the information required
by Kent city codes 12.05.320 and 12.05.330 to include any change of
circumstances occurring after submission of the relocation report and plan that
affects the relocatíon report and plan's implementation.
Sin Y,
erina Hanson, Hu n Services Manager
City of Kent Housing & Human Services
22O 4Eh Ave. S.
Kent, WA 98032
(2s3) 8s6-5077
mhanson@llentwa.gov
cc Kurt Hanson, Economic & Community Development Director
Matthew Gilbert, Deputy Director
Kaelene Nobis, Planner
a Mayor Dana Ralph
City of Kent Parks, Recreation & Community Services
lulie Parascondola, CPRP, Director
9.A.e
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RELOCATI ONRE PORTANI)PLAN )
Kent Municipal Code
Section 12.05.330-12.05.370
MIDWAY MOBILE MANSIONS
24426 PACIF'IC HIGH\ryAy S. KENT, \ryA 99032
1997 MID\ryAY GROUPO LP
(Applicant)
Submitted to the City of Kent
Manager of Housins aïår}"-an services
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Prepared on behalf of 1997 Midway Group, LP, by Kerry Lynch, Alliance pacific, Inc.(Relocation Speciatist)
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January 22,2019
INTRODUCTION
1997 Midway Group
Limited Scope tion Report of Plan (RRP)
Mobile Mansions
Highway S.
r, wA 99032
LP ('Applicant') is to rezone the site commonly referred to asMidway Mobile Mansions (66MMM") and thus this Limited Scope Relocation Report and plan isbeingsubmitted pursuant to the requirements of the Kent Munici pal Code, Sections 12.05.330-12.05.370. The goat of the rezone is to match the zoning of the adjacent parcels to the north.
THERE ARE NO PLAIIS TO REDEVELOP TITE PARK AT THIS TIME.
It is undenstood and agreed that if the MMM is ever to be closed, an updated and complete RRpwill be required. The owners of MMM intend to comply fully with au requirements of the KentMunicipal Code, as w_ell as State Law governing parÉciosuräs (Chapters sg.ZO and 59.21 RCW) asadministered by the washington state office ofñIanufactured Housing.
The limited scope of this relocation plan was agreed to by the City of Kent's Housing and HumanServiced Department. White there are no ptanJ to develop the sitı at this time, if that were ever tooccur the owners would provide assistance so as to minimize resident disruption uod ,tr"rr;
The following lists what is being provided in this Limited scope plan:
1. Identification of current residents; See Appendix A2. Identifïcation of the size and type of the current mobile homes and residences;,See
Appendix B3. The distribution to all residents of a 24-hour hottine (HOTLINE:206-550-g167);
Upon approvat by the City of Kent, this Limited Scope Plan will be distributed to alt residents andwill be posted in a central location at the MMIIP. Proof of distribution will be submitted to theCity of Kent.
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Possibly not movable due to addition and condition. Gabled roof.
Possi
Yes
No
Yes
No
No
to conot moveable due
d¡tionadtouedblemovanotPossi
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No
No
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No
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ition.addandnditionscotodueblemovanot
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not movable due toNo and conditions.
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Yes
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moveable.
Possibly not movable due to addition and condition. Gabled roofNo
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moveable.
Possi
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No
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ue tonot moveable d
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due tonot movable
Yes
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No
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No
No
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No
No
No
No
No
No
Single-Wide
Single-Wide
Single-Wide
Single-Wide
Single-Wide
Single-Wide
Single-Wide
Single-Wide
Single-Wide
Single-Wide
Double Wide
Double Wide
Double Wide
Double Wide
Double Wide
Double Wide
Single-Wide
Single-Wide
MH
MH
MH
MH
MH
MH
MH
MH
MH
MH
MH
MH
MH
MH
MH
MH
MH
MH
MH
MH
MH
MH
7
2
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7
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15
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25
26
27
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not movable due toPoss addition.
not movable due to addPossi ition.
moveable.
moveable.
moveable.
moveable.Possi
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Single-Wide
Single-Wide
Double Wide
Double Wide
Double Wîde
Double Wide
Double Wide
MH
MH
MH
MH
MH
MH
MH
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*** Two RV's did not have identifiable space numbers.**
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-* t ne mova,iltty assessment was done Dy generdily tooKtg at me oußMe oI
eqch home without øny opportunity to rook under each home or inside.
In addition, the age of eoch home was not avairabre ot the time of the
assessment. Additions added to the originat design of a home can arso
impooct movability. Homes built before June, 1976
MH= Mobile Home
SW= Single Wide
DW= Double Wide
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