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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 12/22/1980 Kent, Washington December 22, 1980 A special meeting of the Kent City Council was called to order at 7: 00 p.m. by Council President McCaughan in the absence of Mayor Hogan. Present: Councilpersons Bailey, Hamilton, B. John- son, J. Johnson, Masters, McCaughan and Mooney, City Administrator Cushing, City Attorney Mirk, Public Works Director Wickstrom, Planning Director Harris. Approximately 60 people were in attend- ance. It was noted that this special meeting has been properly advertised, and that the public hearing on the Amendments to the Valley Floor Plan was continued from the special meeting of December 11 . (The December 18 meeting was changed to a workshop session. ) McCaughan reopened the public hearing noting that comments would be limited to new testimony only, for the amendments to the Valley Floor Plan, dealing with pages 3 through 6 of the "green book" . Harris noted that he had provided a handout tonight dealing with the concerns expressed at the workshop of December 18 as shown on page 5 of the "green book" . He corrected the handout, Policy 6 as follows: Rezoning of RA & MA land for more intensive or residential or in- dustrial use should occur contiguous to areas already having ser- vices, utilities, and adequate roads available, i.e. north and east of the Green River. Policy 8 has been changed to read: Rezoning of RA and MA lands to more intensive use shall be predi- cated upon the clear documentation of the need for additional residential, commercial or industrial land in Kent - i.e. that the clear documentation shall consist of a fiscal impact analysis which deals with the direct public costs and revenues associated with the rezone. GOAL 6, Policy 1 has been changed to read: Large bulky structures should be generally discouraged from locat- ing close to the river or to major public pedestrian/bicycle routes connecting the river. (Large and bulky refers to buildings with an area under one roof of 1. 5 acres or greater and with a facade of 200 feet or more facing the Green River. Close to the river refers to an area closer to the river 1, 000 feet) . A map was shown showing the Sears warehouse building, plus the pro- posed addition. Harris described this facility as "large and bulky" as compared with the Boeing complex and the type of buildings con- structed by Pacific Concepts which were not considered "large and bulky" . - 1 - December 22, 1980 It was noted that the following material was distributed at the WORKSHOP session of December 18 , 1980 : 1) Letter from J. G. Peterson of the Polygon Corporation, dated December 18 . 2) Packet of material from Barry Margolese of Urbana Equities, Inc. dated December 18 . 3) Packet of material entitled "What are the Figures?" , "What do they Mean?" filed by Gary Volchok December 18. 4) Letter from Dave Uhrich of Upland Industries dated December 17. 5) Letter from Jerome Hillis dated December 18. 6) Letter from Thomas J. McCann dated December 15, 1980. Letters distributed at this meeting: 1) Packet of material from Joel Haggard dated December 22, 1980. 2) Letter from John O 'Rourke dated December 22, 1980 . 3) Letter from Tom Miller and James Leonard of Northwest Steelhead & Salmon Council, dated December 22, 1980 . 4) Letter from E. Bremmer dated December 22, 1980. 5) Petition containing 125 signatures from Nancy Blau of Cascade Trail riders. All of this material has been filed as a part of the official record. Joel Haggard referred to his letter dated December 22, referring to material discussed at the December 18 workshop. He noted that he would, at this time, restrict his comments to pages 3 through 6 of the "green book" . Haggard suggested that the following be added to Goal 3 on page 3 of the green book: "The Planning Department shall develop standards for the manner in which objectives and policies under this Goal will be inter- preted. These Standards shall be reviewed and approved by the Council before implementation. " He also suggested this change to page 4 of the green book, Goal 3, Objective 4, Policy 1: "Encourage owners of viable agricultural land to continue econ- omic agricultural use of the land. " Referring to page 5 of the green book, Haggard suggested that Policy 6, be changed to read: "Rezoning of RA and MA land for more intensive residential or industrial use should occur when there are adequate and suffi- cient public utilities and services available or planned to be available to serve the site. " - 2 - December 22, 1980 Haggard further suggested that Policy 8 on page 5 be changed as follows: "Consideration shall be given in any RA or MA rezone to the probable fiscal impact on public costs and revenues associated with the rezone. " Harris noted that the "green book" is the compilation of recommend- ations from the Planning Commission and not the Planning Department. Dan Smith noted that those trying to farm for a living were losing money and that he did not plan to lease land again when his present lease expired. He noted that in Auburn farm land was rezoned for light manufacturing and that it was discriminatory to say that the land on the south side of the river should be kept in farmland when no one wanted to farm. He stated that to lock the land into agri- cultural designation would devalue the land. Ralph Leber stated that he farmed in the valley for many years and that all of the best land was already covered with concrete. He agreed with Smith that it was impossible to make a living farming and that the owners could best decide as to the best use of their land. John O'Rourke noted that he had filed a letter today and pointed out that a prior request to have the Kent Highlands property ex- cluded from consideration with the Valley Studies had been referred to the Planning Commission. He stated that he had attended the workshop on December 18 and that the proposal to expand the Green River Corridor to 1000 feet would impact over one million square feet of Kent Highland property. He also objected to the proposed reclassification of his client ' s property from RA to A and stated that the A classification had not yet been defined by the code. George Kresovich, attorney with Hillis, Phillips, Cairncross, Clark & Martin, representing Arrow Development, referred to the letter submitted by Jerome Hillis at the December 18 workshop, noting concern that some of the language did not reflect the actual intent. He referred to the fact that Harris had agreed that the maps de- picting the open space were not exact and precise. He suggested that the recent passage of city' s environmental excise tax was to be the means by which the city intended to accomplish the funds to acquire open space and that Goal 3 , Objective 3, Policy 2, on page 4 of the green book and Goal 7, Policy 1 on page 6 should both be changed to reflect this . Bailey suggested that the proposed change of such policies would have to be cleared with the City Attorney. Nancy Blau noted that she had submitted a petition tonight request- ing that equestrian trails be included in the plan for open space in the valley and noted that an overall County-wide program was needed. - 3 - December 22, 1980 Lyle Schneider, attorney for Joe Neff, agreed with Dan Smith's statements that farming in the valley was no longer economically feasible and questioned the legality of the proposal to keep the area north of S. 277th zoned for farming. George Kargianis, owner of land in the valley noted that the land proposed to be kept for agricultural use was not suitable for farming and would not be used for that purpose. He suggested that other beneficial uses be allowed for this land, such as low cost housing. He further suggested that the owners of the land south of the river have some voice in the matter and that this area be considered separately. Annette Conlon Garret noted that her family owned property south of the river and that leasing the land to farmers brought barely enough revenue to pay the taxes. She asked that the land not be locked to an agricultural classification. Doug Randall noted that he owned five acres which he operated as as obby`� farm. He suggested that land could possibly be zoned for 5 or 10 acre plots, noting that the drainage problems which would occur from high density zoning would thus be avoided. Bob Tidwall stated that he owned and operated a small strawberry farm south of the river on a part time basis, which he planned to expand to 15 acres . He agreed with the suggestion made by Doug Randall. Don Barr referred to Harris ' s handout, (shown in these minutes on page 17, noting that in Policy 6, he had understood that since the existing utilities were east and north of the river, that the portions west and south would be excluded. Under Policy 8, he stated that he thought that there would be a specific reference to apply to the areas which were south and west of the Green River. He noted further that in Policy 1 of GOAL 6, the Council had asked for better definitions of "large and bulky buildings" and of "close to the river" . He did not object to the definition for the buildings, but opined that such buildings should be restricted only in the areas facing or parallel to the river, but not to the depth of 1000 feet. Dick O 'Connell of 20431 Frager Road stated that he boarded horses and in order to keep up with the taxes he would have to expand his business. He noted that he could build a barn to house the horses under RA zoning, but questioned whether he could do it if the land was classed as Agricultural. Upon questions from the Council, he described where he would build, the fill that would be necessary and suggested that landscaped ponds could be attractive. 4 - December 22, 1980 Jim Goldsmith asked what the city would do to promote the reten- tion of agricultural use on the south and west sides of the river, and if the intent was to "promote" by denying other uses. He stated that the drainage problems seemed to be under control by existing regulations. He questioned the use of small residential tracts close to land classed for industrial use, pointing out that such use would still require utilities service. He referred to page 4 of the green book expressing concern that new development was being singled out to provide recreational facilities and noted that the new environmental excise tax should take care of this. He opined that under Goal 4, Policies 1, 2 and 3 (page 4) , some specific information was required, that the language was vague. Goldsmith referred to page 5, Goal 1, Objective 1 noting that the developer is responsible for providing for the initial services and after the land is developed the revenue to the city takes care of the public services needed, such as police, fire, etc. He re- ferred to page 5, Policy 6 and showed a map showing the existing utilities and those planned for both sides of the river, opining the services have been considered for these areas under the exist- ing sewer and water comprehensive plans. He questioned as to why the river should become a barrier. He noted the concept of land use planning to the highest and best use in terms of the land. Duane Lien noted that some concern had been expressed at the December 18 workshop relating to equestrian trails in industrial areas. He pointed out that the Washington State Horsemen Association was not in favor of this; that they wanted existing trails preserved. He stated further that a trail along the corridor would only encounter one main road and that the Association was available for further input to the Planning Department or the Parks Department, but that the important item now was to include equestrian trails. Dave Uhrich of Upland Industries referred to Harris 's handout, Policy 8, noting that 'need' is the key and that documentation was necessary. Referring to building size, he opined that the Sears proposal was unique and would probably not be seen again in the entire state. He objected to imposing the guidelines to the depth of the entire 1000 feet and suggested deleting the pro- vision for prohibiting buildings covering 1. 5 acres or more within 1000 feet of the river. After all who wished to speak had been afforded that opportunity, HAMILTON MOVED to close the public hearing on the Amendments to the Valley Floor Plan. Mooney seconded. Mot-ion carried. Upon McCaughan' s question, Mirk determined that the Council could -- withhold action on portions of the plan, so as to allow time for consideration before adoption, without necessity of reopening the hearing and that if desired, the hearing could be reopened. - 5 - December 22, 1980 BAILEY MOVED to ADD to Goal 3, page 3 the following: "The Planning Department shall develop standards for the manner in which objectives and policies under this Goal will be interpreted. These standards shall be reviewed and approved by the Council before implementation. " Mooney seconded. Motion -carried. No further changes were proposed for page 3 , although there was some discussion concerning plants with low maintenance characteris- tics and some discussion as to what constituted building designs which were compatible with the characteristics of the valley. PAGE 4 Some discussion ensued regarding the environmental excise tax as it relates to Policies 1 and 2 and it was noted that the ordinance auth- orizing the tax covered a 5 year span but was renewable. It was decided that these policies would not be changed. MASTERS MOVED to change Policy 1 of Objective 4 in accordance with Haggard' s suggestion. Mirk noted that if this was done it would automatically provide for no more agricultural use south of the river, in view of the testimony given by the owners of farmlands. He noted further that this kind of testimony was not given at the Planning Commission hearings . Mirk suggested that the issue of underlying zoning be settled first before dealing with this policy. HAMILTON MOVED to TABLE Objective 4 of Policy 1 . B. Johnson seconded. Motion carried. PAGE 3 and 4 HAMILTON MOVED to adopt chlective 1 , T'clicies 1, 2 and 3 Objective 2, Policies 1, 2, 3 and 4, Objective ', _Policies 1, ` noting that no changes had been proposed for these. Mooney seconded, motion carried. PAGE 4 MASTERS MOVED to adopt Goal 4 , Policies 1, 2 and 3. B. Johnson seconded. Motion carried. PAGE 5 It was determined that GOAL 1 and Objective 1 were already existing. HAMILTON MOVED to change Policy 6 as shown on Harris ' s handout to: "Rezoning of RA and MA land for more intensive residential or indus- trial use should occur contiguous to areas already having services utilities and adequate road available, e.g. east and north of the Green River. " B. Johnson seconded, motion carried. - 6 - December 22, 1980 PAGE 5 HAMILTON MOVED to adopt Policy 7 as written, B. Johnson seconded, motion carried. BAILEY MOVED to TABLE Policy 8, Hamilton seconded. Motion carried. Harris stated that a fiscal impact analysis would tell whether the city needed the rezone. BAILEY MOVED to TABLE Policy 1 of GOAL 6, B. Johnson seconded. Motion carried. BAILEY MOVED to adopt GOAL 6, Hamilton seconded. Motion carried. MOONEY MOVED to adopt Policy 2 of GOAL 6, Bailey seconded. Motion carried. MOONEY MOVED to adopt Goal 7, J. Johnson seconded. Motion carried. PAGE 6 HAMILTON MOVED to adopt Policy 1 of GOAL 7, J. Johnson seconded. Motion carried. After some discussion on the schedule for January, it was suggested that a special Council meeting be set for Thursday, January 8 at 4: 00 p.m. at which time the public hearing on the mapping would be hel ,and it was determined that the corridor hearing would follow that, depending upon the length of time required for the hearing. It was further suggested that a special Council meeting also be scheduled for further hearings on the Valley Studies for 4 p.m. on Monday, January 12 and that a break be planned between this special meeting and the regularly scheduled workshop at 7 p.m. HAMILTON MOVED to approve the above suggestions, B. Johnson seconded. Motion carried. Harris noted that on the 12th, the Council could consider setting another special meeting for the 22nd. The meeting was adjourned at 9 : 55 p.m. Marie Jensen, CMC City Clerk Meeting Schedule January 5, 8 :00 p.m. Regular Council Meeting - January 8 , 4: 00 p.m. Special Meeting-Valley Studies Hearing January 12, 4 : 00 p.m. Special Meeting-Valley Studies Hearing January 12, 7:00 p.m. Regular Workshop January 19, 8: 00 p.m. Regular Council Meeting 7 -