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HomeMy WebLinkAboutCity Council Committees - Planning and Economic Development Committee - 02/27/1995 (3) KENT PLANNING COMMISSION MINUTES Public Hearing February 27, 1995 The regular meeting of the Kent Planning Commission was called to order by Chair Kent Morrill at 7:00 p.m. on February 27, 1995 in Kent City Hall, Chambers West. PLANNING COMMISSION MEMBERS PRESENT: Kent Morrill, Chair Russ Stringham, Vice Chair Gwen Dahle Kenneth Dozier Connie Epperly Edward Heineman, Jr. Robert MacIsaac Janette Nuss Mike Pattison PLANNING COMMISSION MEMBERS ABSENT: None PLANNING STAFF MEMBERS PRESENT: James Harris, Planning Director Fred Satterstrom, Planning Manager Kevin O'Neill, Senior Planner NanSea Potts, Administrative Secretary OTHER CITY STAFF MEMBERS PRESENT: Roger Lubovich, City Attorney APPROVAL OF DECEMBER 12, 1994 MINUTES It was MOVED and SECONDED to accept the minutes of the December 12, 1994 meeting. The motion CARRIED unanimously. APPROVAL OF THE JANUARY 23, 1995 MINUTES The minutes of the special meeting of January 23, 1995 were corrected to reflect that Commissioner Nuss was not absent. This meeting was held prior to Commissioner Nuss's reappointment by Mayor White and therefore was not a member of the Planning Commission. It was MOVED and SECONDED to accept the minutes as corrected. The motion CARRIED unanimously. #ZCA-95-1 Adult Use Zoning #AZ-95-1 Jones/Hobbs Annexation Zoning 1 Planning Commission Minutes February 27, 1995 ADDED AGENDA ITEMS None COMMUNICATIONS - Chair Morrill presented newly appointed Commissioner Mike Pattison with a "Certificate of Appointment" from Mayor Jim White. NOTICE OF UPCOMING MEETINGS Jim Harris, Planning Director, announced the Planning Committee of the City Council will be continuing their deliberations on the Comprehensive Plan on March 7, 1995, at 4:00 p.m. He said this meeting is open to the public, but no additional public testimony will be given. Commissioner Nuss said she has organized an emergency preparedness class with the Kent Fire T)Pnartment to he held nn March R 1995 at the West Will Fire Station_ The lnratirm is 26512 Planning Commission Minutes February 27, 1995 accept. Stating directly from the brief, Mr. Lubovich recited "if the effect of the regulation denies an adult use business a reasonable opportunity to open and operate, it will not be upheld." Mr. Lubovich favored map number 4 reflecting the 32 lot, 36 acre adult use zoning alternative. Commissioner Dahle asked what would happen if they did not vote to change the ordinance allowing more sites. Mr. Lubovich said once the moratorium has expired adult use business owners could apply for sites anywhere they wish. He reminded the commission that a part of t the court finding was that the City would remedy the availability of adult use sites. Mr. Lubovich said changing the buffer from 1,000 feet to 800 feet did not create much of a change in the number of sites. Mr. Harris reminded Chair Morrill that he needed to open the public hearing. Chair Morrill asked those in attendance if anyone wished to testify. No one testified. Commissioner Nuss thanked the staff for their research on adult use, and said their work makes the Planning Commission's work much easier. Chair Morrill closed the public hearing. - Commissioner Nuss MOVED to drop the language, "or residential use" in the zoning code as recommended by the Planning Department and City Attomey, accepting the adult use option 1, map number 4, for Adult Use Zoning #ZCA-95-1. Commissioner Heineman SECONDED the motion. The motion was defeated. Vote: Yea - Commissioners Nuss, Heinemen. Nay - Commissioners Dozier, Dahle, Epperly, Stringham, MacIsaac, Pattison, Chair Morrill. Commissioner Stringham MOVED that the Planning Commission recommend to the City Council the Adult Use Zoning not be changed. Commissioner Epperly SECONDED the motion. Planning Commission Minutes February 27, 1995 r Discussions followed concerning a possible compromise to the specified number of adult use sites, and if staff could continue to work on the zoning to lower the number of sites, to perhaps 20. Commissioner Heineman asked Mr. Lubovich if it would be feasible for the City to put a cap on the number of adult establishments. Mr. Lubovich responded he didn't think it would work, as there are no caps on any other types of businesses in the City. Mr. Lubovich said he thought that area would fall under zoning, but he would research the possibility. He also stated he wished to go on record as being opposed to leaving the ordinance as it is, and it will lead to future problems. Commissioner Stringham said he would agree to changing the ordinance, if he could be assured that only one or two adult use establishments would be located in Kent. He said the City of Portland allowed similar zoning to what is proposed for Kent, and there are approximately 150 "nudie" bars for a population of 500,000. He said he did not want to see that happen to Kent. Discussions followed regarding the Commission's request to review the number of sites, with the intent to revise the number of sites closer to the allowable minimum, of around twenty sites. It was reiterated that adult uses could potentially be located anywhere in the City, should the ordinance remain as written. Another concern that was discussed was that businesses located near adult use establishments could be devalued. Commissioner Stringham withdrew his previous motion. Commissioner Stringham MOVED that adult use zoning #ZCA-95-1 be sent back to staff and ask that they establish an absolute minimum number of sites that the legal department feels would stand a court challenge. Commissioner Dozier SECONDED to motion. Mr. Harris said the motion was too wide open for the staff and a specific number should be stated in the motion. Commissioner MacIsaac amended the motion stating a request staff to identify twenty or fewer adult use sites. The motion CARRIED. Vote: Yea - Commissioners Dozier, Dahle, Epperly, Pattison, Stringham, Heineman, MacIsaac. Nay - Chair Morrill, Commissioner Nuss. JONES/HOBBS ANNEXATION ZONING - #AZ-95-1 Kevin O'Neill, Senior Planner gave a brief history of the Jones/Hobbs annexation area. He said this area was annexed into the City of Kent in October, 1994, and is currently zoned R1-20, an interim zoning. The area is generally located at the northwest comer of 222nd and 100 Avenue SE, with the Everson annexation area adjacent to the west. The critical areas, including a ravine and Garrison Creek were indicated on the map. Mr. O'Neill said the interim zoning by the #ZCA-95-1 Adult Use Zoning #AZ-95-1 Jones/Hobbs Annexation Zoning 5 Planning Commission Minutes February 27, 1995 County was GR 5, the Cities equivalent of R1-7.2, before annexation. He said the purpose of tonight's deliberation is to recommend initial zoning for this area to the City Council. Mr. O'Neill introduced three maps, each depicting slightly different single family zoning alternatives. Alternative 1 map proposes the northern parcels as R1-12, the southern parcels as R1-7.2. He said this is roughly compatible to previous and surrounding King County Zoning. Alternative 2 map shows the northern two parcels as R1-20. He said these lots are subject to = a 7500 set back from the ravine, therefore development of this property would be difficult, if not, impossible. The southwest parcels are recommended R1-12 and the southeast as R1-7.2. Alternative 3 presents the lowest density, with the northerly parcels R1-20 and the southerly as R1-12. He said alternative 3 is most compatible to the most recent City of Kent zoning, in effect, extending the existing zoning boundaries to the east. Mr. O'Neill said staff recommends alternative 2, which is a mix the surrounding existing zoning, and allows development of the parcels without environmental constraints. Commissioner Stringham asked if it would be possible to zone the northern portion of the area R1-20, and the southern area R1-12, allowing for more development for single family housing and still protect the environment. Mr. O'Neill said any combination would be feasible. Chair Morrill opened the public hearing. Testimony Wayne Jones, Lakeridge Development, PO Box 146, Renton asked the Planning Commission to consider a designation of R1-7.2 for parcels Lakeridge purchased for development. He said he felt the R1-12 and R1-20 designations doesn't protect the environment, and recommended an R1-7.2 with maintained setbacks for the entire area. Rick Koopmans, 9708 S 222 St, Kent, WA said he owns 1.3 acres and the zoning alternatives affect his property dramatically. He said option 2, which zones his land R1-12, would restrict his development to only two lots. He agreed with Mr. Jones that an R1-7.2 zoning would allow more versatility to the development of his property. He also explained that the runoff of the property flows to the west, away from the creek. Summarizing the testimony, Mr.O'Neill said alternative 1 would accommodate the second speaker, and the first speaker wanted the entire area zoned R1-7.2, which is not reflected in any of the alternatives. He repeated the zoning of the Everson annexation as R1-12. Suneil Williams, 21819 100 Avenue SE, Kent, WA said he owns the northernmost parcel and favors alternative 2, and agreed the area should be zoned r1-20. He said he has no objection to the lower lots having an R1-7.2 zoning designation. Chair Morrill closed the public hearing. #ZCA-95-1 Adult Use Zoning #AZ-95-1 Jones/Hobbs Annexation Zoning 6 Planning Commission Minutes February 27, 1995 Commissioner Stringham MOVED to adopt alternative 1, changing the northern two parcels from R1-12 to R1-20. Commissioner Nuss SECONDED the motion. The motion CARRIED unanimously. Chair Morrill asked Mr. Lubovich if an item could be added to Agenda Items, namely election of officers. Mr. Lubovich said he could, as this meeting is not a special meeting. Chair Morrill asked for nominations for Vice Chair of the Planning Commission. Commissioner Dahle NOMINATED Commissioner Nuss, as she was previously elected before her term expired. Commissioner Heineman SECONDED the nomination. Commissioner Dozier NOMINATED Commissioner Stringham. Commissioner Epperly SECONDED the nomination. Commissioner Stringham was elected as Vice Chair. ADJOURNMENT It was MOVED and SECONDED to adjourn the meeting. The motion CARRIED unanimously. The meeting was adjourned at 8:30 p.m. Respectfully submitted, J es P. Harris cording Secretary #ZCA-95-1 Adult Use Zoning #AZ-95-1 Jones/Hobbs Annexation Zoning 7 KENT PLANNING COMMISSION MINUTES Public Hearing February 27, 1995 The regular meeting of the Kent Planning Commission was called to order by Chair Kent Morrill at 7:00 p.m. on February 27, 1995 in Kent City Hall, Chambers West. PLANNING COMMISSION MEMBERS PRESENT: Kent Morrill, Chair Russ Stringham, Vice Chair Gwen Dahle Kenneth Dozier Connie Epperly Edward Heineman, Jr. Robert MacIsaac Janette Nuss Mike Pattison PLANNING COMMISSION MEMBERS ABSENT: None PLANNING STAFF MEMBERS PRESENT: James Harris, Planning Director Fred Satterstrom, Planning Manager Kevin O'Neill, Senior Planner NanSea Potts, Administrative Secretary OTHER CITY STAFF MEMBERS PRESENT: Roger Lubovich, City Attorney APPROVAL OF DECEMBER 12, 1994 MINUTES It was MOVED and SECONDED to accept the minutes of the December 12, 1994 meeting. The motion CARRIED unanimously. APPROVAL OF THE JANUARY 23, 1995 MINUTES The minutes of the special meeting of January 23, 1995 were corrected to reflect that Commissioner Nuss was not absent. This meeting was held prior to Commissioner Nuss's reappointment by Mayor White and therefore was not a member of the Planning Commission. It was MOVED and SECONDED to accept the minutes as corrected. The motion CARRIED unanimously. #ZCA-95-1 Adult Use Zoning #AZ-95-1 Jones/Hobbs Annexation Zoning 1 Planning Commission Minutes February 27, 1995 ADDED AGENDA ITEMS None COMMUNICATIONS Chair Morrill presented newly appointed Commissioner Mike Pattison with a "Certificate of Appointment" from Mayor Jim White. NOTICE OF UPCOMING MEETINGS Jim Harris, Planning Director, announced the Planning Committee of the City Council will be continuing their deliberations on the Comprehensive Plan on March 7, 1995, at 4:00 p.m. He said this meeting is open to the public, but no additional public testimony will be given. Commissioner Nuss said she has organized an emergency preparedness class with the Kent Fire Department to be held on March 8, 1995 at the West Hill Fire Station. The location is 26512 Military Road and will be held from 7:00 to 9:00 p.m. Pre-registration is requested, so interested parties should call 813-3000. The class is free. ADULT USE ZONING - #AZ-95-1 Fred Satterstrom, Planning Manager gave an overview of the history of adult use zoning. He said the zoning code has regulated adult uses since about 1986, primarily regulating adult theaters and bookstores, with the addition of adult entertainment establishments. Mr. Satterstrom said section 15.08.270 states the uses and specifies a 1,000 foot distance radius from certain protected uses. These uses include: Residential zoning, and uses, Churches or religious facility, Public or Privates Schools, Public Parks, and Public Libraries. Mr. Satterstrom said in early 1994, a developer proposed to build an adult entertainment establishment on East Valley Highway at 218th Street. He said since the proposed site was only 800 feet from the nearest residence, his application was denied. The developer took the City to the Federal District Court, and although the City's ordinance was constitutional, the court said the ordinance was defective as it only allowed four to five sites for adult use purposes. A six month moratorium was declared on adult use permits, so the City could revamp its zoning code to appease the court. Mr. Satterstrom distributed and explained a series of maps of the central valley area, which depicted existing distances of the protected uses previously mentioned. Areas of Kent excluded from the map are areas where adult zoning could not be located because of the 1,000 buffer. He also said adult uses could not be located in any M (Manufacturing) zone, and that commercial zoned areas as GWC were the only areas adult uses could be established. He expanded on the term "or uses", referencing a caretakers apartment as a residential unit within a commercial zone. #ZCA-95-1 Adult Use Zoning #AZ-95-1 Jones/Hobbs Annexation Zoning 2 Planning Commission Minutes February 27, 1995 Mr. Satterstrom said the staff report proposes the Planning Commission modify the existing language in 15.08.270 and drop the words, "in a single or multifamily residential use." He said the result of dropping these words would allow a total of 36 acres or 32 lots, for potential adult use locations. Commissioner Nuss asked how the pending annexation areas would be protected by the proposed ordinance change, particularly if a commercial area expands. Mr. Satterstrom said any commercial zoning on the East Hill would be within the 1,000 foot buffer of a residential area. Therefore, East and West Hill would not be subject to adult use zoning, nor would any area in the Potential Annexation Area. He said enlargement of a commercial zone is a possibility, and should be kept in mind. Commissioner Nuss asked if the City had given any thought to purchasing the house near the Iocation of a pending adult entertainment location, as opposed to the owner of the adult use establishment purchasing it for another adult use intent. Mr. Satterstrom said he was not aware the City had considered purchasing it. Mr. Satterstrom stressed the sites do not have to be presently open and available for sale or lease to an adult user. He said if the recommended language is removed from the present code and maintained the setback from residential zoning and protected uses, then these sites could potentially be used for an adult use, and the City could demonstrate in court these sites could be used. Commissioner MacIsaac questioned that potentially an adult use business could be located next to a McDonalds restaurant. He also asked why "M" zones are excluded for potential sites for adult use. Mr. Satterstrom said he was unaware of any businessman who wanted to be located next door to an adult use business. The intent is to regulate adult use which will create the least adverse impact. Regarding "M" zones, he said to allow commercial into industrial zones would require a fundamental change in the zoning code as M zoning excludes retail uses. In addition, this kind of change would open up a substantial area of the City to adult use. Commissioner Dahle asked what restrictions are applied to outside signage. Roger Lubovich, City Attorney, spoke regarding signage regulations. He said the next Council Meeting will include a public hearing on Adult Business Licensing regulation. He said although Kent cannot prohibit these businesses from coming into the City, they can be regulated. He said specific criteria are outlined, as well as existing signage requirements in the Zoning code. Mr. Lubovich restated facts of the court case, stating although the court ruled in favor of Kent, the City failed with the number of sites delegated for adult uses. Mr. Lubovich discussed the proposed zoning alternatives, and said the courts have not allowed as few as 12 sites, but did allow 26 sites. He said there was no set formula to calculate the number of sites the courts will #ZCA-95-1 Adult Use Zoning #AZ-95-1 Jones/Hobbs Annexation Zoning 3 Planning Commission Minutes February 27, 1995 accept. Stating directly from the brief, Mr. Lubovich recited "if the effect of the regulation _ denies an adult use business a reasonable opportunity to open and operate, it will not be upheld." Mr. Lubovich favored map number 4 reflecting the 32 lot, 36 acre adult use zoning alternative. Commissioner Dahle asked what would happen if they did not vote to change the ordinance allowing more sites. Mr. Lubovich said once the moratorium has expired adult use business owners could apply for sites anywhere they wish. He reminded the commission that a part of the court finding was that the City would remedy the availability of adult use sites. Mr. Lubovich said changing the buffer from 1,000 feet to 800 feet did not create much of a change in the number of sites. Mr. Harris reminded Chair Morrill that he needed to open the public hearing. Chair Morrill asked those in attendance if anyone wished to testify. No one testified. Commissioner Nuss thanked the staff for their research on adult use, and said their work makes the Planning Commission's work much easier. Chair Morrill closed the public hearing. Commissioner Nuss MOVED to drop the language, "or residential use" in the zoning code as recommended by the Planning Department and City Attorney, accepting the adult use option 1, map number 4, for Adult Use Zoning #ZCA-95-1. Commissioner Heineman SECONDED the motion. The motion was defeated. Vote: Yea - Commissioners Nuss, Heinemen. Nay - Commissioners Dozier, Dahle, Epperly, Stringham, MacIsaac, Pattison, Chair Morrill. Commissioner Stringham MOVED that the Planning Commission recommend to the City Council the Adult Use Zoning not be changed. Commissioner Epperly SECONDED the motion. Commissioner Nuss said she felt the motion was not wise, stating she has been following the adult use issues of neighboring communities and read a segment of the February 12, 1995 Seattle Times. The article, quoted in part says: "Frank Colacurcio, Jr. says weak laws didn't prompt him to expand in Bellevue. In fact, he says, he decided to buy the Papagayo's property in Overlake only after the City Council banned nude dancing in Factoria. It's not like we decided we are going to go over there and throw down two or three clubs. There was supposed to be only one. But they screwed me around. I would have never looked for a second." Commissioner Nuss stressed the importance of changing the ordinance, and said the future of the City of Kent is at stake. Mr. Harris told the Planning Commission that their responsibility is to conduct the public hearings and make a recommendation to Council. He said if no recommendation is made to the Council, the Commission becomes irrelevant and the Council has to hold the public hearing and do the Commission's job. #ZCA-95-1 Adult Use Zoning #AZ-95-1 Jones/Hobbs Annexation Zoning 4 Planning Commission Minutes February 27, 1995 Discussions followed concerning a possible compromise to the specified number of adult use sites, and if staff could continue to work on the zoning to lower the number of sites, to perhaps 20. Commissioner Heineman asked Mr. Lubovich if it would be feasible for the City to put a cap on the number of adult establishments. Mr. Lubovich responded he didn't think it would work, as there are no caps on any other types of businesses in the City. Mr. Lubovich said he thought that area would fall under zoning, but he would research the possibility. He also stated he wished to go on record as being opposed to leaving the ordinance as it is, and it will lead to future problems. Commissioner Stringham said he would agree to changing the ordinance, if he could be assured that only one or two adult use establishments would be located in Kent. He said the City of Portland allowed similar zoning to what is proposed for Kent, and there are approximately 150 "nudie" bars for a population of 500,000. He said he did not want to see that happen to Kent. Discussions followed regarding the Commission's request to review the number of sites, with the intent to revise the number of sites closer to the allowable minimum, of around twenty sites. It was reiterated that adult uses could potentially be located anywhere in the City, should the ordinance remain as written. Another concern that was discussed was that businesses located near adult use establishments could be devalued. Commissioner Stringham withdrew his previous motion. Commissioner Stringham MOVED that adult use zoning #ZCA-95-1 be sent back to staff and ask that they establish an absolute minimum number of sites that the legal department feels would stand a court challenge. Commissioner Dozier SECONDED to motion. Mr. Harris said the motion was too wide open for the staff and a specific number should be stated in the motion. Commissioner MacIsaac amended the motion stating a request staff to identify twenty or fewer adult use sites. The motion CARRIED. Vote: Yea - Commissioners Dozier, Dahle, Epperly, Pattison, Stringham, Heineman, Maclsaac. Nay - Chair Morrill, Commissioner Nuss. TONES/HOBBS ANNEXATION ZONING - #AZ-95-1 Kevin O'Neill, Senior Planner gave a brief history of the Jones/Hobbs annexation area. He said this area was annexed into the City of Kent in October, 1994, and is currently zoned R1-20, an interim zoning. The area is generally located at the northwest corner of 222nd and 100 Avenue SE, with the Everson annexation area adjacent to the west. The critical areas, including a ravine and Garrison Creek were indicated on the map. Mr. O'Neill said the interim zoning by the #ZCA-95-1 Adult Use Zoning #AZ-95-1 Jones/Hobbs Annexation Zoning 5 Planning Commission Minutes February 27, 1995 r County was GR 5, the Cities equivalent of R1-7.2, before annexation. He said the purpose of tonight's deliberation is to recommend initial zoning for this area to the City Council. Mr. O'Neill introduced three maps, each depicting slightly different single family zoning alternatives. Alternative 1 map proposes the northern parcels as RI-12, the southern parcels as R1-7.2. He said this is roughly compatible to previous and surrounding King County Zoning. Alternative 2 map shows the northern two parcels as R1-20. He said these lots are subject to a 7500 set back from the ravine, therefore development of this property would be difficult, if not, impossible. The southwest parcels are recommended R1-12 and the southeast as R1-7.2. Alternative 3 presents the lowest density, with the northerly parcels R1-20 and the southerly as R1-12. He said alternative 3 is most compatible to the most recent City of Kent zoning, in effect, extending the existing zoning boundaries to the east. Mr. O'Neill said staff recommends alternative 2, which is a mix the surrounding existing zoning, and allows development of the parcels without environmental constraints. Commissioner Stringham asked if it would be possible to zone the northern portion of the area R1-20, and the southern area R1-12, allowing for more development for single family housing and still protect the environment. Mr. O'Neill said any combination would be feasible. Chair Morrill opened the public hearing. Testimony Wayne Jones, Lakeridge Development, PO Box 146, Renton asked the Planning Commission to consider a designation of R1-7.2 for parcels Lakeridge purchased for development. He said he felt the Ri-12 and R1-20 designations doesn't protect the environment, and recommended an R1-7.2 with maintained setbacks for the entire area. Rick Koopmans, 9708 S 222 St, Kent, WA said he owns 1.3 acres and the zoning alternatives affect his property dramatically. He said option 2, which zones his land R1-12, would restrict his development to only two lots. He agreed with Mr. Jones that an Ri-7.2 zoning would allow more versatility to the development of his property. He also explained that the runoff of the property flows to the west, away from the creek. Summarizing the testimony, Mr.O'Neill said alternative 1 would accommodate the second speaker, and the first speaker wanted the entire area zoned R1-7.2, which is not reflected in any of the alternatives. He repeated the zoning of the Everson annexation as R1-12. Suneil Williams, 21819 100 Avenue SE, Kent, WA said he owns the northernmost parcel and favors alternative 2, and agreed the area should be zoned rl-20. He said he has no objection to the lower lots having an R1-7.2 zoning designation. Chair Morrill closed the public hearing. #ZCA-95-1 Adult Use Zoning #AZ-95-1 JonesJHobbs Annexation Zoning 6 Planning Commission Minutes February 27, 1995 Commissioner Stringham MOVED to adopt alternative 1, changing the northern two parcels from R1-12 to R1-20. Commissioner Nuss SECONDED the motion. The motion CARRIED unanimously. Chair Morrill asked Mr. Lubovich if an item could be added to Agenda Items, namely election of officers. Mr. Lubovich said he could, as this meeting is not a special meeting. Chair Morrill asked for nominations for Vice Chair of the Planning Commission. Commissioner Dahle NOMINATED Commissioner Nuss, as she was previously elected before her term expired. Commissioner Heineman SECONDED the nomination. Commissioner Dozier NOMINATED Commissioner Stringham. Commissioner Epperly SECONDED the nomination. Commissioner Stringham was elected as Vice Chair. ADJOURNMENT It was MOVED and SECONDED to adjourn the meeting. The motion CARRIED unanimously. The meeting was adjourned at 8:30 p.m. Respectfully submitted, A4, �—�—�--, J es P. Harris cording Secretary #ZCA-95-1 Adult Use Zoning #AZ-95-1 Jones/Hobbs Annexation Zoning 7