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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 05/09/1973 Kent, Washington May 9 , 1973 "Vied nesday Present: Mayor Mogan, Councilmen: Baffaro, Elliott, Just, Ditto, Martell, Masters and Thornton; City Administrator Street, City Attorney Mirk, Planning Director IIarris. Public Works Director Ulett and Finance Director Winkle were absent. Mayor Hogan reconvened the Council meeting at 7 :00 p.m. and pointed out that this session would start with the hearing on the mapping portion of the proposed new zoning code. NORTHWEST Section 15 - 1.1ap Page 1 . Harris noted that the QUADRANT Planning Commission has recommended R-A, MR1.1 and CC zoning. The present zoning is M-2, R-4 and C-1. Kent highlands , Inc. , through Hugh Goldsmith, Engineer, has requested site zoning of single,multi- family and commercial zoning. Harris pointed out that the request amounts to a massive rezone and that the Commission did not feel that specific zonings should be given on this property without the usual public hearing for a rezone. It was pointed out that the property is presently being used as a land fill and gravel pit operation under M-2 zoning, as a permitted use under a Board of Adjustment permit to allow Kent Highlands to continue their operation until 1979 . James Curran, representing Kent highlands, Inc. distributed land use maps of the Kent Highlands area to the Council and noted that Kent Highlands has a specific plan proposed for the 300 acres. Fie conceded that the long range plan might not call for M-2 use, but that for present Kent highlands is requesting that it remain 11-2. Hugh Goldsmith, consulting engineer for the owners, noted that because of the unique physical character- istics of the land, the obvious use for MRH as well as MRG, were important to achieve the yield from an economic standpoint and at the same time represent the best use of the property. Mayor IIogan noted that the M-2 zoning was placed upon the property as a convenience and means for Kent Highlands to have the gravel operation. Goldsmith stated that Kent Highlands felt that M-2 was a proper use, and that it is taxed as 1.1-2. Upon the Mayor 's query, Street recalled that the Engineering Department regarded the proposed road as unacceptable because the grade exceeded 20 and that he has seen no changes since then. hugh Gold- smith noted that Kent Highlands had agreed to re- align the road so that it would be north of the sanitary fill and these plans are to be submitted to the City early this summer. The City Attorney asked if Kent Highlands will go ahead with their plan on the assumption that this Code is adopted and if the million yards of material will be put on the lower level in any instance. Gold- smith stated that the fill below is not part of the reclamation grogram, but that the reclamation program is the maintenance and development of the slope. He further noted that under an R-A zoning, they would not know what specific zoning they are going to be working with, and such information is necessary so they would know the basic valkie of the area and what they can afford to do to the land in order to lift the level above; the flood plain. Under R-A zon- ing, they cannot identify how much 'wQrk. should go -into the property or how much fill should be made in order to use .it. Street noted that there is a contract between Kent Highlands and the City that includes the restoration which should be considered, and suggested to the Council that that contract and its requirements should be included in their consideration of changes in this matter. Goldsmith stated that the contractual requirements include restoration of the slope and dedication of a park site. Ile noted that the deed for the park had been given to the City. Street replied that only one acre had been deeded . Street suggested that the Planning Department con- sider this matter, including the requirements of the contract, and pointed out that the Council has the right to initiate a rezone . Elliott concurred and opined that this should go through a regular rezone process. THORNTON MOVED to direct the Planning Department to, within the next sir, months , bring together Kent high- lands, our Engineering Department and Mr. Goldsmith to consider their plan, Elliott seconded, motion carried. Upon Curran 's inquiry, IIarris noted that the Jensen- Griffin property is proposed to be zoned CC. Harris pointed out that the Planning Commission has tried to follow the City's Comprehensive Plan in their recommendations on zoning areas. Section 14, Map Page 2. This area is bounded approx- imately by Russell Road on the west, S. 228th, West Valley Highway and the River. No correspondence . No comments. Map Page 3 . Property on West Valley Highway to S. 212th, Russell Road and the River. The Planning Commission recommends R-A and M-A. Barris commented on a letter received on May 8th from Chuck Adams of Glendale Realty, regarding property west of the West Valley Highway from S. 212th to S . 228th, requesting M-1 for the majority of the property and some Id-2 and 11-3 south of S . 212th and S. 228th. IIarris pointed out that the letter had been received too late for the Staff to make a written report on it's contents, and the the Planning Commission recommends that it remain M-A. Chuck Adams spoke from the audience, stating that the Planning Staff had originally recommended 14-1 for the west side of the West Valley Highway, but the Planning Commission decided to use blest Valley Highway as a dividing line. Harris explained that this was based on an overall guide from the Comprehensive Plan. Mr. Adams maintained that the property west of West Valley Highway has more advantage for industrial development as opposed to the east side of West Valley Highway in that it is well severed for industrial use. Barris noted that the Planning Staff would wort: with these property owners on a plan for the future develop- ment of the properties. Elliott noted that rezone requests could be made through regular channels. Charlie Waller stated that the need for a rezone never arose until 1972, at which time it was anticipated that it would take a year for the new code to be ready. James Rayfuse noted that throughout the zoning code hearings, the intent was to apply the new code as closely as possible to the existing zoning. He noted that they did not request a formal rezone hearing, and that in talking to some of the people represented by Adams; they actually did not know what was per- mitted under the existing M-A. Ile stated that there was some speculation as to the suitability of in- dustrial park, M-1 zoning, but there were no plans then for the use as such. He stated that he saw no problem in considering reclassifying it to 1d-1, under a routine rezone request. Harris clarified for Martell that a routine rezone took from 60 to 90 days. Upon Master ' s question, Adams noted that the area he referred to was approximately 69 acres . Charlie Faller stated that about five or six years ago when Boeing proposed to build in the City, there were commitments made by the City regarding future sewers through an LID, and at this time the property owners were assured that if they wished industrial zoning that there would be no problem, but the own- ers did not seek it at that time because they had no commitments. He noted that it was difficult to sell M-A property. Kitto pointed out that the public should be aware that the Council had been supplied copies of all letters and copies of the Planning Staff recommend- ations. Section 10 . No. comments. No correspondence. Section 3 . No comments . No correspondence. Section 2. No comments. No correspondence. It was the opinion of the Council to proceed with the other quadrants before taking action. Section 31 . No correspondence. Harlan Bull noted that about 20 property owners had requested CM or HC for property near_ the PIE building. Harris noted the correspondence would come up under a different map. Section 36. No correspondence . In answer to Martell 's question, Rayfuse noted th Et the M-1 zoning was brought forth from the public hearings and pointed out the creek as a natural division. The Planning Commission put M-1 along the highways as an entrance to the city. No further comments. Section 1. Planning Commission recommends M-1 and M-3 . Mr. Weiser spoke from the audience, requesting commercial zoning for this area. He noted that under the old M-2 they had commercial uses and pointed out that the heath Building has office space to lease which could not be done under the new M-2 restrictions. Elliott asked if an existing building has avail- able office space under the old zone, would they have the right to rent under the new zone. Harris and the City Attorney explained that offices could be used only in connection with manufacturing activities or as spelled out in the Code. Upon Thornton 's question, Harris stated that the prime industrial zones would be dissipated by using them for commer- cial offices. Upon questions from several council- men, Rayfuse stated that commercial activity exists under the current M-2 zoning, and it will continue in use as it is, but the new restrictions do not allow for a proliferation of it. Ile noted that if they wish, they should go through the normal procedures for a rezone . Harris pointed out that Beath did not present a letter opposing the proposed zoning. Section 6. A letter and petition have been filed by Harlan Bull and Paul Weiser. Harlan Bull spoke, noting that the drainage ditch would be a perfect boundary for commercial activity. He requested commercial zoning fronting on the East Valley highway and noted that there is a certain amount of limited retail activity there. Masters noted that the policy and goals of the Com- prehensive Plan is the basis of the new zoning code and pointed out that property served by rail is somewhat restricted in the community and should be used for industrial areas instead of diluting our industrial area with commercial developments. Upon Martell 's query, Bull replied that he is suggesting real estate offices, dispatch offices, barber shops , etc. , as commercial uses in the 11-2 zone along major highways. Harris clarified that under conditional uses, on Page 50, commercial service type uses are allowed that would not interfere with the development of the area, and stated that perhaps other uses should be spelled out. Elliott stated that maybe some other uses could be added , but he was opposed to "strip commercial" zoning. Paul Weiser noted that his industrial park had office spacb for which the use would be restricted . Mayor Hogan noted that this matter will be further discussed at the workshop on Monday, May 14th for the Council 's consideration and for the Planning Director -to make recommendations. Kitto expressed opposition to changing the wording of the code as it was flexible now. Section 7. No correspondence. No comments. Section 12. No correspondence. Bull noted that there is commercial proposed in this area on the East Valley highway and pointed out that this is only about a mile from the Section 6 area that was previously discussed. Section 13 . No correspondence. Wally Peterson of Van 's Furniture spoke, requesting that the boundary line between GC and HC be the line between Van 's property and the Reef Restaurant (GC) . fIarris noted that he will bring this matter to the workshop, and recommended that the change be made, as an error had been made in -the boundaries. Mel Kleweno spoke from the audience, representing himself and Norman Anderson, requesting M-2 zoning for the area west of 4th Avenue as it is extended north, suggesting that 4th Avenue be used as a divid- ing line. It was pointed out that the area referred to extends south to James Street. Rayfuse noted that this . was designated R-2 because there are currently residences in that area, most of which are rentals. Harris stated that there are very few areas for low income people in the city and that the city needs zones providing for such areas. IIe pointed out that there were a few new homes built in this area in the last few years and that there is a park there also. The concensus of the Council was to approve the Planning Commission 's recommendation to leave it in the R-2 zone designation. It was noted that the owners could seek a rezone through the regular channels . Section 10. No correspondence. No comments. Section 17. No correspondence. No comments. SOUTHEAST Section 29 . No correspondence. Harris noted that QUADRANT this includes a recent annexation and a correction is required to CC zoning. Ile pointed out that the Bon Bon apartments were under a non conforming use. Section 20 . No correspondence. No comments. Section 19 . No correspondence. Farris pointed out that the Staff proposes a change. It had been the intent to zone all city-owned parcels R-A, but two of the parcels have riot yet been acquired, and they will, therefore retain their R-1 designation. Section 30. No correspondence. No comments . Section 36. No correspondence. No comments. Section 25 . A letter was received from Stanley Bever, along with a petition signed by 12 prop- erty owners, requesting an extension of C-M zoning easterly 350 feet into the area proposed to be zoned MRM. The Planning Staff recommends approval of this change. Harris noted that the old zoning split ownership. Section 24. is petition, signed by 15 property owners on the north side of E. McMillan Street (Bulg arelli, et all) was received, requesting GC zoning for the north side of E. McMillan and the east side of S. State. Harris pointed out the areas on the map, noting that the Planning Commission had considered this matter. The Planning Staff recommends that the Planning Commission 's recommendation of MRM be upheld. Street pointed out that the majority of the block is being used for residential purposes , and suggested that the area be left at it 's common usage. Harris concurred . The City Attorney pointed out that this area is probably the most troublesome spot in the city for the Kent Police Department. He noted the Junior High is close by and youngsters congregate along the alley near the garage to smoke. Mayor Hogan noted that the school has had input into this matter. She pointed out that if the area was changed to commercial , there might be a traffic problem. Harris pointed out that there is a traffic light there which is a good bypass . Martell opined that the area should be changed to GC, Elliott, Just and Kitto agreed. Rayfuse felt that it should be a request for a rezone, so as to get the input from the neighbor- hood at the public hearing. Masters suggested that the proper procedure is to initiate it as a consid- eration for a rezone through proper channels, rather than have the Council change the zoning without proper input. Rayfuse concurred. Kitto agreed also, but felt that it should be zoned commercial. It was suggested that Harris bring a change of zone proposal to the council workshop on Monday. Section 24 Couture and Morrison. The Planning Commission recommends IIC and MRM. Letters were received from R.L. Couture, owner of property located on the northeast corner of Meeker Street and the ;lest Valley IIic;hway and from Robert E. Morrison, o�mer of property located on the corner of Smitli and Thompson, both of whom are requesting GC zoning. Ilarr_is pointed out that this area was formerly in a C-3 , Generla Commercial zone. Iiarlan Bull , representing Security Savings and Loan, also requested GC zoning. 2lasters requested that the Planning Department reconsider this zoning for. the Monday workshop. Section 24. Alex Cugini, Jr. The Planning Commission recommends 11C. A letter was received from Gerard Shellan attornev for Telex Cuclini, Jr. , owner of 11% acres located north and south of the Willis Street interchange, east of the West Valley Highway, requesting zoning of GC. Mr. Shellan spoke from the audience, noting that the proposed highway commercial use is too restrictive, and that the former M-1 zoning was more desirable. He noted that the HC designation would limit the permitted uses and the conditional uses to activities which were ill-suited and inappropriate for this area. He requested the same zoning (GC) , as is proposed on the west side of the I'lest Valley Highway. Kitto referred to Page 39 , paragraph 3 .14.1 ##5 , noting the HC usage that is permitted in GC districts. I3e did not see any point in the HC classification at all and felt that GC is the type of use which would locate in this area. Martell suggested the change to GC also, all the way from the river to Smith Street, for this request. SOUTHWEST Section 23 . The Planning Commission recommends R-A. QUADRANT Albert Bon spoke from the audience, requesting GC and MRM for his property which has been zoned C-3 . Mr. Kleweno, attorney representing Mrs . Iva Kendall also requests GC zoning for this area. He referred to the Council minutes of September 6, 1966, at which time the entire piece of property was zoned C-3 , to conform to other general zoning in the area. IIe stated that this property was zoned to it 's highest commercial use and it is now proposed to be zoned to probably its lowest value. Harris pointed out that the Comprehensive Plan shows commercial zoning Stopping at Russell Road. James Rayfuse stated that there were many factors considered by the Planning Commission before recommending the R-A zone. He pointed out that the area never developed as C-3 and it was questionable whether it ever would. Kleweno stated that the property owner is willing to take that risk. Harris stated that the Planning Commission is criti- cized for not having enough areas zoned for farm land, and noted that this property is presently being so used. Kleweno stated that his client had made her home there, but that she now wished to sell the property. Mayor Hogan asked if this is another instance where commercial might be used later. Masters noted that this is a good example of anticipated development and premature zoning. Kitto, Martell and Just supported the Planning Commission 's recommendations for R-AA zoning. Masters , Elliott, Ba£faro and Thornton supported C-3 zoning for the Bon and Kendall properties . Section 2.2. Planning Commission recommends R-A. Norm Anderson requested that the five acre City Transfer pit site remain MRM zoning. Ile noted that they just spent $7000 for a sewer line under the frontage road and were already landscaping. It was the concensus of the Council to allow the MRM zoning on the flat area and the Planning Director was asked to bring this up at the workshop. Section 1 , 15 and 16. No correspondence. No comments. Section 21. Planning Commission recommends IIC an(, R-1. A letter was received from Forrest Williams , request- ing retaining GC and R-4 Multi-family for his property on the west side of Pacific highway South, just north of S . 252nd. 'Harris pointed out that there is a buffer strip approximately 100 ' deep behind �lilliams 's property which the Planning Commission recommends be includes; in -the IBC designation. �iilliams asks that the entire commercial property be retained as GC. The City Attorney noted that a 20 ' rear yard is required if this property abuts on residential property and that -the buffer zone should be sufficient to protect the residential district which is directly west of William 's property. Harris pointed out that there is approximately a 30 ' drop from Williams ' property to the, residential property behind. IHe noted further that the Planning Staff recommends that the GC zoning be granted. Mr. Williams noted that the R-4 zoning request is for the north portion of the tract which is very steep ' and the terrain is very appropriate for apartment house usage. IIarris concurred with the R-4 request. The concensus of the Council was to allow the change to GC and R-4 and Harris was so directed . Section 21, Midway Sand and Gravel. Planning Commis- sion recommends GC. A letter was received from James Curran, attorney for Midway Sand and Gravel , requesting that M-1 zoning be retained for their property located on the east side of Pacific Highway South, north of S. 262nd. Kleweno noted that the City of Seattle is now completing a sanitary land fill on this property. Harris pointed out that the property was zoned M-1 originally to allow completion of the sanitary land fill . Masters noted that two businesses in the area were changed from M-1 to CM and Rayfuse explained that they could operate under CM. The decision of the Council was to accept the Planning Commission 's recommendations. Section 2.7. Planning Commission recommends R-1. No Correspondence. Byron Lane spoke from the audience, requesting R-4 for their 43 acres of property, noting that the property slopes to the south, and to the east has a fine view of the valley. Ile pointed out that a city park is north of his property. Access to this property is from S. 272nd. It was pointed out that MRM zoning is comparable to R-4 zoning and Martell noted that 14RG zoning would allow 680 units on this property. Street questioned that the sewer size and/or depth was adequate to physically serve the area if zoned multiple housing. Elliott questioned the change from R-4 to R-1 . Harris stated that R-4 zoning was wrong for this property in the first place. The concensus of the Council was to direct the Planner to review the matter of utilities for the workshop on Monday. Section 35 . Planning Commission recommends R-A. No correspondence . No comments. Street noted that the zone has been changed to open space for tax purposes and is owned by Smith Drothers Farms . Section 2'. No correspondence. No comments. Masters pointed out that once this hearing is closed , there will be no more public input on the proposed code. There were no further comments from the audience and KITTO MOVED to close the hearing, Thornton. seconded , motion carried . MEETING ADJOURNED: 11 :30 P.M. Respectfully submitted, Marie Jensen City Clerk