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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 ************************************************************** 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 4.A.3 Packet Pg. 3 Co m m u n i c a t i o n : P r o c l a m a t i o n f o r J u n e t e e n t h D a y ( P u b l i c R e c o g n i t i o n ) Page 7 of 7 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 5.A Packet Pg. 4 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) Page 7 of 7 • 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 5.A Packet Pg. 5 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) Page 7 of 7 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 5.A Packet Pg. 6 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) Page 7 of 7 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 5.A Packet Pg. 7 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) Page 7 of 7 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 5.A Packet Pg. 8 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) Page 7 of 7 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. 5.A Packet Pg. 9 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) 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 5.A Packet Pg. 10 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) Page 7 of 7 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. # # # 5.A Packet Pg. 11 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) 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) 6.A Packet Pg. 12 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 6.A.a Packet Pg. 13 At t a c h m e n t : O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ( 1 7 9 9 : T r a n s i t O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ) 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, 6.A.a Packet Pg. 14 At t a c h m e n t : O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ( 1 7 9 9 : T r a n s i t O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ) 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. 6.A.a Packet Pg. 15 At t a c h m e n t : O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ( 1 7 9 9 : T r a n s i t O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ) 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. 6.A.a Packet Pg. 16 At t a c h m e n t : O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ( 1 7 9 9 : T r a n s i t O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ) 5 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 6.A.a Packet Pg. 17 At t a c h m e n t : O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ( 1 7 9 9 : T r a n s i t O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ) 6 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 6.A.a Packet Pg. 18 At t a c h m e n t : O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ( 1 7 9 9 : T r a n s i t O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ) 7 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 6.A.a Packet Pg. 19 At t a c h m e n t : O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ( 1 7 9 9 : T r a n s i t O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ) 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. 6.A.a Packet Pg. 20 At t a c h m e n t : O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ( 1 7 9 9 : T r a n s i t O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ) 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. 6.A.a Packet Pg. 21 At t a c h m e n t : O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ( 1 7 9 9 : T r a n s i t O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ) 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. 6.A.a Packet Pg. 22 At t a c h m e n t : O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ( 1 7 9 9 : T r a n s i t O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ) 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. 6.A.a Packet Pg. 23 At t a c h m e n t : O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ( 1 7 9 9 : T r a n s i t O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ) 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 6.A.a Packet Pg. 24 At t a c h m e n t : O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ( 1 7 9 9 : T r a n s i t O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ) 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. 6.A.a Packet Pg. 25 At t a c h m e n t : O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ( 1 7 9 9 : T r a n s i t O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ) 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. 6.A.a Packet Pg. 26 At t a c h m e n t : O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ( 1 7 9 9 : T r a n s i t O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ) 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. 6.A.a Packet Pg. 27 At t a c h m e n t : O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ( 1 7 9 9 : T r a n s i t O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ) 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 6.A.a Packet Pg. 28 At t a c h m e n t : O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ( 1 7 9 9 : T r a n s i t O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ) 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 6.A.a Packet Pg. 29 At t a c h m e n t : O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ( 1 7 9 9 : T r a n s i t O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ) 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: 6.A.a Packet Pg. 30 At t a c h m e n t : O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ( 1 7 9 9 : T r a n s i t O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ) 19 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 6.A.a Packet Pg. 31 At t a c h m e n t : O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ( 1 7 9 9 : T r a n s i t O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ) 20 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] 6.A.a Packet Pg. 32 At t a c h m e n t : O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ( 1 7 9 9 : T r a n s i t O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ) 21 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 Packet Pg. 33 At t a c h m e n t : O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ( 1 7 9 9 : T r a n s i t O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ) 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 6.A.a Packet Pg. 34 At t a c h m e n t : O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ( 1 7 9 9 : T r a n s i t O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ) 23 Zoning Ordinance Transit Ops. and Maint. Facilities Date Published APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY 6.A.a Packet Pg. 35 At t a c h m e n t : O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ( 1 7 9 9 : T r a n s i t O p e r a t i o n s a n d M a i n t e n a n c e F a c i l i t i e s Z o n i n g O r d i n a n c e ) 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 Packet Pg. 36 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 2 1 , 2 0 1 9 5 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) 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 Packet Pg. 37 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 2 1 , 2 0 1 9 5 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) 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 Packet Pg. 38 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 2 1 , 2 0 1 9 5 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) 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 Packet Pg. 39 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 2 1 , 2 0 1 9 5 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) 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 Packet Pg. 40 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 2 1 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) 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 Packet Pg. 41 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 2 1 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) 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 Packet Pg. 42 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 2 1 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) 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 Packet Pg. 43 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 2 1 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) 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 Packet Pg. 44 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 2 1 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) 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 Packet Pg. 45 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 2 1 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) 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 Packet Pg. 46 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 2 1 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) 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 Packet Pg. 47 Mi n u t e s A c c e p t a n c e : M i n u t e s o f M a y 2 1 , 2 0 1 9 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) 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 Packet Pg. 51 At t a c h m e n t : G r a n t S c o r i n g T a b l e ( 1 7 9 3 : L o d g i n g T a x G r a n t A w a r d s ) Title Event Venue Name of 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 √ 8.C.a Packet Pg. 52 At t a c h m e n t : G r a n t S c o r i n g T a b l e ( 1 7 9 3 : L o d g i n g T a x G r a n t A w a r d s ) 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 8.D.a Packet Pg. 55 At t a c h m e n t : E M S L e v y O v e r v i e w ( 1 7 9 4 : M e d i c O n e / E m e r g e n c y M e d i c a l S e r v i c e s L e v y R e s o l u t i o n ) 5/8/2019 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 8.D.a Packet Pg. 56 At t a c h m e n t : E M S L e v y O v e r v i e w ( 1 7 9 4 : M e d i c O n e / E m e r g e n c y M e d i c a l S e r v i c e s L e v y R e s o l u t i o n ) 5/8/2019 3 The Medic One/EMS System The Medic One/EMS System Insert Dispatch Map 8.D.a Packet Pg. 57 At t a c h m e n t : E M S L e v y O v e r v i e w ( 1 7 9 4 : M e d i c O n e / E m e r g e n c y M e d i c a l S e r v i c e s L e v y R e s o l u t i o n ) 5/8/2019 4 The Medic One/EMS System The Medic One/EMS System 8.D.a Packet Pg. 58 At t a c h m e n t : E M S L e v y O v e r v i e w ( 1 7 9 4 : M e d i c O n e / E m e r g e n c y M e d i c a l S e r v i c e s L e v y R e s o l u t i o n ) 5/8/2019 5 The Medic One/EMS System The Medic One/EMS System 8.D.a Packet Pg. 59 At t a c h m e n t : E M S L e v y O v e r v i e w ( 1 7 9 4 : M e d i c O n e / E m e r g e n c y M e d i c a l S e r v i c e s L e v y R e s o l u t i o n ) 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 Packet Pg. 60 At t a c h m e n t : E M S L e v y O v e r v i e w ( 1 7 9 4 : M e d i c O n e / E m e r g e n c y M e d i c a l S e r v i c e s L e v y R e s o l u t i o n ) 5/8/2019 7 Recommendations Endorsed by the Task Force Presented to the Task Force at its 9/18/18 meeting 8.D.a Packet Pg. 61 At t a c h m e n t : E M S L e v y O v e r v i e w ( 1 7 9 4 : M e d i c O n e / E m e r g e n c y M e d i c a l S e r v i c e s L e v y R e s o l u t i o n ) 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 Packet Pg. 62 At t a c h m e n t : E M S L e v y O v e r v i e w ( 1 7 9 4 : M e d i c O n e / E m e r g e n c y M e d i c a l S e r v i c e s L e v y R e s o l u t i o n ) 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 Packet Pg. 63 At t a c h m e n t : E M S L e v y O v e r v i e w ( 1 7 9 4 : M e d i c O n e / E m e r g e n c y M e d i c a l S e r v i c e s L e v y R e s o l u t i o n ) 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 Packet Pg. 64 At t a c h m e n t : E M S L e v y O v e r v i e w ( 1 7 9 4 : M e d i c O n e / E m e r g e n c y M e d i c a l S e r v i c e s L e v y R e s o l u t i o n ) 5/8/2019 11 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 o u n t i n m i l l i o n s 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 Packet Pg. 65 At t a c h m e n t : E M S L e v y O v e r v i e w ( 1 7 9 4 : M e d i c O n e / E m e r g e n c y M e d i c a l S e r v i c e s L e v y R e s o l u t i o n ) 5/8/2019 12 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 Packet Pg. 66 At t a c h m e n t : E M S L e v y O v e r v i e w ( 1 7 9 4 : M e d i c O n e / E m e r g e n c y M e d i c a l S e r v i c e s L e v y R e s o l u t i o n ) 5/8/2019 13 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 Packet Pg. 67 At t a c h m e n t : E M S L e v y O v e r v i e w ( 1 7 9 4 : M e d i c O n e / E m e r g e n c y M e d i c a l S e r v i c e s L e v y R e s o l u t i o n ) 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 Packet Pg. 68 At t a c h m e n t : M e d i c O n e - E M S L e v y 2 0 2 0 - 2 0 2 5 ( 1 7 9 4 : M e d i c O n e / E m e r g e n c y M e d i c a l S e r v i c e s L e v y R e s o l u t i o n ) 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 Packet Pg. 69 At t a c h m e n t : M e d i c O n e - E M S L e v y 2 0 2 0 - 2 0 2 5 ( 1 7 9 4 : M e d i c O n e / E m e r g e n c y M e d i c a l S e r v i c e s L e v y R e s o l u t i o n ) 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 Packet Pg. 70 At t a c h m e n t : M e d i c O n e - E M S L e v y 2 0 2 0 - 2 0 2 5 ( 1 7 9 4 : M e d i c O n e / E m e r g e n c y M e d i c a l S e r v i c e s L e v y R e s o l u t i o n ) 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 Packet Pg. 71 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 Packet Pg. 72    ‐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 Packet Pg. 73 At t a c h m e n t : D r a f t A g r e e m e n t r e g a r d i n g P r o p e r t y A c q u i s i t i o n S i g n a t u r e P o i n t e L e v e e I m p r o v e m e n t P r o j e c t ( 1 7 8 8 : I n t e r l o c a l A g r e e m e n t w i t h    ‐2‐  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 Packet Pg. 74 At t a c h m e n t : D r a f t A g r e e m e n t r e g a r d i n g P r o p e r t y A c q u i s i t i o n S i g n a t u r e P o i n t e L e v e e I m p r o v e m e n t P r o j e c t ( 1 7 8 8 : I n t e r l o c a l A g r e e m e n t w i t h    ‐3‐  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 8.E.a Packet Pg. 75 At t a c h m e n t : D r a f t A g r e e m e n t r e g a r d i n g P r o p e r t y A c q u i s i t i o n S i g n a t u r e P o i n t e L e v e e I m p r o v e m e n t P r o j e c t ( 1 7 8 8 : I n t e r l o c a l A g r e e m e n t w i t h    ‐4‐  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 Packet Pg. 76 At t a c h m e n t : D r a f t A g r e e m e n t r e g a r d i n g P r o p e r t y A c q u i s i t i o n S i g n a t u r e P o i n t e L e v e e I m p r o v e m e n t P r o j e c t ( 1 7 8 8 : I n t e r l o c a l A g r e e m e n t w i t h    ‐5‐  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 Packet Pg. 77 At t a c h m e n t : D r a f t A g r e e m e n t r e g a r d i n g P r o p e r t y A c q u i s i t i o n S i g n a t u r e P o i n t e L e v e e I m p r o v e m e n t P r o j e c t ( 1 7 8 8 : I n t e r l o c a l A g r e e m e n t w i t h    ‐6‐  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 Packet Pg. 78 At t a c h m e n t : D r a f t A g r e e m e n t r e g a r d i n g P r o p e r t y A c q u i s i t i o n S i g n a t u r e P o i n t e L e v e e I m p r o v e m e n t P r o j e c t ( 1 7 8 8 : I n t e r l o c a l A g r e e m e n t w i t h    ‐7‐  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 Packet Pg. 79 At t a c h m e n t : D r a f t A g r e e m e n t r e g a r d i n g P r o p e r t y A c q u i s i t i o n S i g n a t u r e P o i n t e L e v e e I m p r o v e m e n t P r o j e c t ( 1 7 8 8 : I n t e r l o c a l A g r e e m e n t w i t h 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 Packet Pg. 80 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 ool < =PC(u \z O Mayor Dana Ralph City of Kent Parks, Recreation & Community Services Julie Parascondola, Director 8.F.a Packet Pg. 81 At t a c h m e n t : L a k e , W a l l a D e m o s - S k y c o r p - F i n a l C o m p l e t i o n N o t i c e ( 1 8 0 1 : A c c e p t t h e L a k e a n d W a l l a P r o p e r t i e s D e m o l i t i o n P r o j e c t a s 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 Packet Pg. 82 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 Packet Pg. 83 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, 9.A.a Packet Pg. 84 At t a c h m e n t : M i d w a y M o b i l e M a n s i o n R e z o n e O r d i n a n c e ( 1 8 0 2 : M i d w a y M o b i l e M a n s i o n s R e z o n e O r d i n a n c e – A p p r o v e ( Q U A S I - J U D I C I A L ) ) 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 9.A.a Packet Pg. 85 At t a c h m e n t : M i d w a y M o b i l e M a n s i o n R e z o n e O r d i n a n c e ( 1 8 0 2 : M i d w a y M o b i l e M a n s i o n s R e z o n e O r d i n a n c e – A p p r o v e ( Q U A S I - J U D I C I A L ) ) 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 Packet Pg. 86 At t a c h m e n t : M i d w a y M o b i l e M a n s i o n R e z o n e O r d i n a n c e ( 1 8 0 2 : M i d w a y M o b i l e M a n s i o n s R e z o n e O r d i n a n c e – A p p r o v e ( Q U A S I - J U D I C I A L ) ) 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 Packet Pg. 87 At t a c h m e n t : M i d w a y M o b i l e M a n s i o n R e z o n e O r d i n a n c e ( 1 8 0 2 : M i d w a y M o b i l e M a n s i o n s R e z o n e O r d i n a n c e – A p p r o v e ( Q U A S I - J U D I C I A L ) ) Exhibit A Midway Mobile Mansions Rezone Site Map 9.A.a Packet Pg. 88 At t a c h m e n t : M i d w a y M o b i l e M a n s i o n R e z o n e O r d i n a n c e ( 1 8 0 2 : M i d w a y M o b i l e M a n s i o n s R e z o n e O r d i n a n c e – A p p r o v e ( Q U A S I - J U D I C I A L ) ) JÁf"i it I ;ÌJi$ ! . ,a. , "..- I 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 Packet Pg. 89 At t a c h m e n t : M i d w a y M o b i l e M a n s i o n R e z o n e O r d i n a n c e ( 1 8 0 2 : M i d w a y M o b i l e M a n s i o n s R e z o n e O r d i n a n c e – A p p r o v e ( Q U A S I - J U D I C I A L ) ) 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 9.A.b Packet Pg. 90 At t a c h m e n t : H e a r i n g E x a m i n e r F i n d i n g s , C o n c l u s i o n , R e c o m m e n d a t i o n ( 1 8 0 2 : M i d w a y M o b i l e M a n s i o n s R e z o n e O r d i n a n c e – A p p r o v e ( Q U A S I - 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 9.A.b Packet Pg. 91 At t a c h m e n t : H e a r i n g E x a m i n e r F i n d i n g s , C o n c l u s i o n , R e c o m m e n d a t i o n ( 1 8 0 2 : M i d w a y M o b i l e M a n s i o n s R e z o n e O r d i n a n c e – A p p r o v e ( Q U A S I - 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 Packet Pg. 92 At t a c h m e n t : H e a r i n g E x a m i n e r F i n d i n g s , C o n c l u s i o n , R e c o m m e n d a t i o n ( 1 8 0 2 : M i d w a y M o b i l e M a n s i o n s R e z o n e O r d i n a n c e – A p p r o v e ( Q U A S I - 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 Packet Pg. 93 At t a c h m e n t : H e a r i n g E x a m i n e r F i n d i n g s , C o n c l u s i o n , R e c o m m e n d a t i o n ( 1 8 0 2 : M i d w a y M o b i l e M a n s i o n s R e z o n e O r d i n a n c e – A p p r o v e ( Q U A S I - 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: 9.A.b Packet Pg. 94 At t a c h m e n t : H e a r i n g E x a m i n e r F i n d i n g s , C o n c l u s i o n , R e c o m m e n d a t i o n ( 1 8 0 2 : M i d w a y M o b i l e M a n s i o n s R e z o n e O r d i n a n c e – A p p r o v e ( Q U A S I - 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 9.A.b Packet Pg. 95 At t a c h m e n t : H e a r i n g E x a m i n e r F i n d i n g s , C o n c l u s i o n , R e c o m m e n d a t i o n ( 1 8 0 2 : M i d w a y M o b i l e M a n s i o n s R e z o n e O r d i n a n c e – A p p r o v e ( Q U A S I - 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. 9.A.b Packet Pg. 96 At t a c h m e n t : H e a r i n g E x a m i n e r F i n d i n g s , C o n c l u s i o n , R e c o m m e n d a t i o n ( 1 8 0 2 : M i d w a y M o b i l e M a n s i o n s R e z o n e O r d i n a n c e – A p p r o v e ( Q U A S I - 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 9.A.b Packet Pg. 97 At t a c h m e n t : H e a r i n g E x a m i n e r F i n d i n g s , C o n c l u s i o n , R e c o m m e n d a t i o n ( 1 8 0 2 : M i d w a y M o b i l e M a n s i o n s R e z o n e O r d i n a n c e – A p p r o v e ( Q U A S I - 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 Packet Pg. 98 At t a c h m e n t : H e a r i n g E x a m i n e r F i n d i n g s , C o n c l u s i o n , R e c o m m e n d a t i o n ( 1 8 0 2 : M i d w a y M o b i l e M a n s i o n s R e z o n e O r d i n a n c e – A p p r o v e ( Q U A S I - 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 9.A.b Packet Pg. 99 At t a c h m e n t : H e a r i n g E x a m i n e r F i n d i n g s , C o n c l u s i o n , R e c o m m e n d a t i o n ( 1 8 0 2 : M i d w a y M o b i l e M a n s i o n s R e z o n e O r d i n a n c e – A p p r o v e ( Q U A S I - 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 9.A.c Packet Pg. 100 At t a c h m e n t : M i d w a y M o b i l e M a n s i o n s R e z o n e S t a f f R e p o r t ( 1 8 0 2 : M i d w a y M o b i l e M a n s i o n s R e z o n e O r d i n a n c e – A p p r o v e ( Q U A S I - J U D I C I A L ) ) 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. 9.A.c Packet Pg. 101 At t a c h m e n t : M i d w a y M o b i l e M a n s i o n s R e z o n e S t a f f R e p o r t ( 1 8 0 2 : M i d w a y M o b i l e M a n s i o n s R e z o n e O r d i n a n c e – A p p r o v e ( Q U A S I - J U D I C I A L ) ) Staff Report 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. 9.A.c Packet Pg. 102 At t a c h m e n t : M i d w a y M o b i l e M a n s i o n s R e z o n e S t a f f R e p o r t ( 1 8 0 2 : M i d w a y M o b i l e M a n s i o n s R e z o n e O r d i n a n c e – A p p r o v e ( Q U A S I - J U D I C I A L ) ) Staff Report 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. 9.A.c Packet Pg. 103 At t a c h m e n t : M i d w a y M o b i l e M a n s i o n s R e z o n e S t a f f R e p o r t ( 1 8 0 2 : M i d w a y M o b i l e M a n s i o n s R e z o n e O r d i n a n c e – A p p r o v e ( Q U A S I - J U D I C I A L ) ) Staff Report Midway Mobile Mansions Rezone 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 9.A.c Packet Pg. 104 At t a c h m e n t : M i d w a y M o b i l e M a n s i o n s R e z o n e S t a f f R e p o r t ( 1 8 0 2 : M i d w a y M o b i l e M a n s i o n s R e z o n e O r d i n a n c e – A p p r o v e ( Q U A S I - J U D I C I A L ) ) Staff Report Midway Mobile Mansions Rezone 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 Packet Pg. 105 At t a c h m e n t : M i d w a y M o b i l e M a n s i o n s R e z o n e S t a f f R e p o r t ( 1 8 0 2 : M i d w a y M o b i l e M a n s i o n s R e z o n e O r d i n a n c e – A p p r o v e ( Q U A S I - J U D I C I A L ) ) 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 9.A.c Packet Pg. 106 At t a c h m e n t : M i d w a y M o b i l e M a n s i o n s R e z o n e S t a f f R e p o r t ( 1 8 0 2 : M i d w a y M o b i l e M a n s i o n s R e z o n e O r d i n a n c e – A p p r o v e ( Q U A S I - J U D I C I A L ) ) 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 Packet Pg. 107 At t a c h m e n t : M i d w a y M o b i l e M a n s i o n s R e z o n e S t a f f R e p o r t ( 1 8 0 2 : M i d w a y M o b i l e M a n s i o n s R e z o n e O r d i n a n c e – A p p r o v e ( Q U A S I - J U D I C I A L ) ) 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 Packet Pg. 108 At t a c h m e n t : M i d w a y M o b i l e M a n s i o n s R e z o n e S t a f f R e p o r t ( 1 8 0 2 : M i d w a y M o b i l e M a n s i o n s R e z o n e O r d i n a n c e – A p p r o v e ( Q U A S I - J U D I C I A L ) ) PS ¡t Please print Ín hlack Ínk only. J,4J{ ,3 f zone) Application INGlON PLANNING SERVICES Application - ?-ot ,*z !.- J 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 l 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 Packet Pg. 109 At t a c h m e n t : R e z o n e A p p l i c a t i o n M o b i l e M a n s i o n s ( 1 8 0 2 : M i d w a y M o b i l e M a n s i o n s R e z o n e O r d i n a n c e – A p p r o v e ( Q U A S I - J U D I C I A L ) ) 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 -r¿ a_ rl- lu¿ GHI-2 psd4046 12_14 p. 2 of ll 9.A.d Packet Pg. 110 At t a c h m e n t : R e z o n e A p p l i c a t i o n M o b i l e M a n s i o n s ( 1 8 0 2 : M i d w a y M o b i l e M a n s i o n s R e z o n e O r d i n a n c e – A p p r o v e ( Q U A S I - J U D I C I A L ) ) 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 t + 4"-t JÁf$ 3I åff$ ÊF) ¿1 tl ù '. áìj-, ' * ".. ,"' .' .' {*_ b".;,, d Ç*",, " , "."... :, A B 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 Packet Pg. 111 At t a c h m e n t : R e z o n e A p p l i c a t i o n M o b i l e M a n s i o n s ( 1 8 0 2 : M i d w a y M o b i l e M a n s i o n s R e z o n e O r d i n a n c e – A p p r o v e ( Q U A S I - J U D I C I A L ) ) 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 ! . ,a. , "..- I 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 Packet Pg. 112 At t a c h m e n t : R e z o n e A p p l i c a t i o n M o b i l e M a n s i o n s ( 1 8 0 2 : M i d w a y M o b i l e M a n s i o n s R e z o n e O r d i n a n c e – A p p r o v e ( Q U A S I - J U D I C I A L ) ) Jrrt / 7U/V rtot/ f/,4 aty l4ut'4-c-ätL4 /r4fr7' l Zoned MHP comp Plan Designation Toc (Transit oríented community) MCRil ! t)tttt Iffic[ål ;Ð JAN 3 1 2û1s eÎ::;Ír;ç *.;r,l*1, / I I MHP TOC 9.A.d Packet Pg. 113 At t a c h m e n t : R e z o n e A p p l i c a t i o n M o b i l e M a n s i o n s ( 1 8 0 2 : M i d w a y M o b i l e M a n s i o n s R e z o n e O r d i n a n c e – A p p r o v e ( Q U A S I - J U D I C I A L ) ) ô a * t ¿ t I ti IjtkrÞ Tf" { I ì i , ¡ *tr # \ f,Þ' +ti. d Ì] rl !,t ,aiffit, VICINITY MAP NO SCALE rìECEii,'EÐ JAN 3 1 2rlß fii,%'Fä*ffi 9.A.d Packet Pg. 114 At t a c h m e n t : R e z o n e A p p l i c a t i o n M o b i l e M a n s i o n s ( 1 8 0 2 : M i d w a y M o b i l e M a n s i o n s R e z o n e O r d i n a n c e – A p p r o v e ( Q U A S I - J U D I C I A L ) ) 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 Packet Pg. 115 At t a c h m e n t : R e l o c a t i o n P l a n A p p r o v a l M e m o M i d w a y M o b i l e M a n s i o n s ( 1 8 0 2 : M i d w a y M o b i l e M a n s i o n s R e z o n e O r d i n a n c e – A p p r o v e ( Q U A S I - 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 ffi€ütrfwtre ^,iÁff s t m'tg *kå*{ l¿ (}tr ,*'*..- "e*(rüffff bfr,H#h Prepared on behalf of 1997 Midway Group, LP, by Kerry Lynch, Alliance pacific, Inc.(Relocation Speciatist) 9.A.f Packet Pg. 116 At t a c h m e n t : R e l o c a t i o n P l a n M i d w a y M o b i l e M a n s i o n s R e z o n e ( 1 8 0 2 : M i d w a y M o b i l e M a n s i o n s R e z o n e O r d i n a n c e – A p p r o v e ( Q U A S I - 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. 9.A.f Packet Pg. 117 At t a c h m e n t : R e l o c a t i o n P l a n M i d w a y M o b i l e M a n s i o n s R e z o n e ( 1 8 0 2 : M i d w a y M o b i l e M a n s i o n s R e z o n e O r d i n a n c e – A p p r o v e ( Q U A S I - Possibly not movable due to addition and condition. Gabled roof. Possi Yes No Yes No No to conot moveable due d¡tionadtouedblemovanotPossi addition.not movable due to smalladditionnot mova and Possibly not movable due to addition and condition. Gabled roofNo No No Yes No No No access.rchaiWheeition.condtoduelemoveabnotblvPossi toduemovablenotPossib ition.addandnditionscotodueblemovanot conditions.andtouedblemovanot addítion moveable. not movable due toNo and conditions. Poss Yes Yes moveable. moveable. Possibly not movable due to addition and condition. Gabled roofNo Yes Yes Yes moveable. moveable. moveable. Possi Poss Yes No No ue tonot moveable d moveable. due tonot movable Yes Yes Yes No No No Yes Yes No No Yes No No No No 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 3 4 5 6 7 8 9 10 tt t2 13 74 15 16 T7 18 19 20 2t 22 23 24 25 26 27 ) ) 9.A.f Packet Pg. 118 At t a c h m e n t : R e l o c a t i o n P l a n M i d w a y M o b i l e M a n s i o n s R e z o n e ( 1 8 0 2 : M i d w a y M o b i l e M a n s i o n s R e z o n e not movable due toPoss addition. not movable due to addPossi ition. moveable. moveable. moveable. moveable.Possi moveable.Possi NoYes NoYes YesNol YesNol YesNol YesNo YesNo Single-Wide Single-Wide Double Wide Double Wide Double Wîde Double Wide Double Wide MH MH MH MH MH MH MH 28 29 30 31 32 33 34 35 36 37 38 39 40 47 42 43 50 52 53 54 ) *** Two RV's did not have identifiable space numbers.** J ,.iü 9.A.f Packet Pg. 119 At t a c h m e n t : R e l o c a t i o n P l a n M i d w a y M o b i l e M a n s i o n s R e z o n e ( 1 8 0 2 : M i d w a y M o b i l e M a n s i o n s R e z o n e 'r ,i.I -* 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 9.A.f Packet Pg. 120 At t a c h m e n t : R e l o c a t i o n P l a n M i d w a y M o b i l e M a n s i o n s R e z o n e ( 1 8 0 2 : M i d w a y M o b i l e M a n s i o n s R e z o n e