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HomeMy WebLinkAboutCity Council Committees - Planning and Economic Development Committee - 08/14/1989 (3) KENT PLANNING COMMISSION MINUTES August 14, 1989 The meeting of the Kent Planning Commission was called to order by Chair Martinez at 7: 30 p.m. Monday, August 14, 1989 in the Kent City Hall, City Council Chambers. COMMISSION MEMBERS PRESENT: Linda Martinez, Chair Anne Biteman Elmira Forner Greg Greenstreet Gabriella Uhlar-Heffner COMMISSION MEMBERS ABSENT: Carol Stoner, excused Raymond Ward, excused PLANNING STAFF MEMBERS PRESENT: James P. Harris, Planning Director Fred N. Satterstrom, Planning Manager Dan Stroh, Senior Planner Stephen Clifton, Planner Janet Shull, Planner Lois Ricketts, Recording Secretary MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 24 , 1989 Commissioner Forner MOVED that the minutes of the July 24, 1989 Planning Commission be approved as printed. Commissioner Biteman SECONDED the motion. Chair Martinez reopened the public hearing (Verbatim Transcript) Dan Stroh: Good evening. I 'm Dan Stroh with the Planning Department and I would like to inform you about the two facets of what needs to be discussed tonight. One change in the scope of the items being discussed, which is a fairly important change, is that the staff recommendation of what would be reviewed at this time would include only the three multifamily areas, the multifamily areas that have been studied on the West Hill, which include essentially all the vacant and underdeveloped land that has been identified up there. This would not include the single family areas that have been identified earlier in the study. At this time we would propose that the Planning Commission hearing Kent Planning Commission Minutes August 14 , 1989 look specifically at the multifamily areas and not at the single family areas at this time. This is somewhat of an adjustment in the earlier work. We were planning to carry this through for all three planning areas so that the scope of the work would include the multifamily areas throughout the city with single family areas not reviewed at this time. Chair Martinez: Can we stop right there and ask some questions. Dan Stroh• Sure. Chair Martinez: Do you want to talk about why, please. Dan Stroh: Sure. We have done work in looking at the single family areas and the vacant and available land that could potentially be developed in the single family areas as well. The major scope of Resolution 1172 that set up the study is toward the 20 percent reduction and the site-specific review toward that end. We have a lot of concern that given the timing and the amount and the time that has elapsed between when the Council first identified this as an issue and a priority and the current date is a long, long time that has elapsed, and that the process of looking at all single areas as well as the multifamily areas could really just pull this out into an unacceptable length of time. So we do recommend basically looking at the multifamily areas. We feel that we are looking at accomplishing some things through the study still that would address the single family issues. For instance, the single family designated overlay zone. . .would continue to recommend that that be established as an overlay in the comprehensive plan. The creation of the R1-5 district, which would be a new zoning designation, we would recommend that the Planning Commission go forward with a recommendation on that. Would also include other work we have been doing with single family development. For instance, right now the city has a Single Family Committee that has been meeting to look at a number of single family issues. In fact they just had a meeting this evening. That work will continue. They will be coming out with a range of recommendations towards encouraging single family in the city. Also, the first phase of this project in response to 1172 was the Housing Element Update. In that process there were a whole new range of policies that were introduced into the comprehensive plan housing element that addressed number of single family issues. So we feel that by moving forward on the multifamily areas we can address much of what the Council resolution asked us to address with the addition of the single steps that I mentioned. We will be moving forward on really providing a lot of the encouragement to single family that Council asked us for as well. And by doing it, limiting it basically to these two areas, we will be bringing this forward to the Council 2 Kent Planning Commission Minutes August 14, 1989 in a much more timely way than would otherwise occur. The Council would then have the opportunity to decide how it wants to go on these issues while there are still decisions to be made. Every day as we talked about last time that decisions aren't made on this, more and more sites get tied up by becoming vested through the building permit process. So we do feel that it is important to move along and take action, whatever that action may be, on the multifamily issues the Council asked us to address as soon as possible. Commissioner Greenstreet: If we feel that it makes sense to concentrate on the multifamily and not deal with the single family but we don't want to recognize the 5, 000 square foot lot until we do address the single family, can we focus just on multifamily and not have to address the 5, 000 square foot on all these West Hill. . .East Hill. . . Dan Stroh: In the West Hill area I don't believe we are recommending the R1-5 for any of the three areas. In the East Hill we are. For the multifamily areas I think the first time we will need that is in the East Hill planning area. For the East Hill we would need to create that, because we are recommending a rezone from a multifamily designation to R1-5 in the East Hill Area. Commissioner Greenstreet: Oh, all right. Dan Stroh: So we would need that for. . . .that would be at the next set of hearings which right now we are projecting to begin on August 28th for the East Hill area. But you would need to do it for the West Hill area, given the current. . .at least to put into effect the staff recommendation that is before you for the multifamily areas on West Hill. Commissioner Greenstreet: It wouldn't set a precedent or undermine any efforts to protect whatever zoning for single family on West Hill though by creating the 5000 lot. . .and that doesn't really change that it is already zoned 7200 or whatever. Dan Stroh: If you were to go ahead and create the R1-5 now and not put it into effect anywhere on West Hill, it really wouldn't have any effect at this time. It probably makes sense to go ahead and withhold action on that until the East Hill review and when that R1-5 is really needed. The other thing is. . . if this meets with the Council 's approval. . .or with the Commission's approval, we'd be actually recommending that it is possible you'd be moving towards taking action at the earliest phase possible. If that is possible tonight, that would be great. There is another date that is possible. Set aside next week if you need to continue this 3 Kent Planning Commission Minutes August 14, 1989 further, but given that basically the review is limited to the multifamily areas, it may be possible to do your deliberations tonight. In whichever case, there are findings and conclusions that would be drawn up that would summarize your deliberations and we would be able to do that. For instance, if it were tonight that you came up with a decision, we would be able to provide whatever staff support you needed for that to have something available on the regular meeting on August 28th. The other thing I wanted to add is that Stephen Clifton will be following me with some other information from the staff. We'd like to respond to some of the points raised at the last meeting both in terms of. . .I think there was some concern about notification, and also specific concerns brought up about some of the site specific analysis and he'll be able to provide some summary comments on some of those fronts. Chair Martinez: Before we go on though, do any of the Commissioners have any further questions or comments regarding the recommendation. Elmira Forner: I have some concerns about it. But if we (unclear) don't somehow take up that number of housing units that we prevent (unclear) and we don't offer some substitute for that, we are going to create a housing shortage which is going to drive the price of houses up which means that affordable housing in that area is going to be less and less. I have a real concern about that. . .saying that we are going to reduce multifamily but we are not somehow going to substitute something in the single family housing that would be comparable. Dan Stroh: I don't think it was ever the staff's intention to substitute single family units on a one-to-one basis for the multifamily units. If we were to be able to put into effect some of the single family recommendations we are looking at, it would provide for, I believe, something on the order of 200 or 250 units of single family. . .not sure of the exact number. . .but versus. . .we were recommending to reach the Council 's 20 percent target on multifamily taking off something on the order of 950 or 960 units or so of multifamily. I don't have the precise figures. I was never my intention to really have a one-to-one swap of taking multifamily areas development off and being able to replace it with single family. The single family is so much more intensive. . .or uses so much more land per unit, it is not really possible to do that. We have been aware certainly of the affordability repercussions of anything we do that would modify the housing market, and that is a concern, and it is an important concern of the study. 4 Kent Planning Commission Minutes August 14, 1989 Elmira Forner: What do you feel (unclear) multifamily and not the single family. Dan Stroh: I think that. . .several things on that front. One is that we are doing some things other than the site-specific analysis on the single family to address the single family encouragement and that some of those potentially could actually help to bolster the single family market and provide for additional. . .sort of spur the market on for single family development in Kent. To some degree the affordability question is a little bit different for the two markets, because many of the people who are in . . . not everybody, but many people that are in multifamily don't have the option of becoming single family occupants. And so. . .and it is not the case across the board. Some people could have the option of becoming single family owners or renters and choose to live in multifamily, but for a large portion of the population that lives in multifamily, they don't have that option, so what we do with single family really doesn't directly impact the affordability of their housing. They were talking about what happens with the multifamily rents. Commissioner Uhlar-Heffner: What happens (unclear) notification on East Hill since you had this change in scope. Dan Stroh: What we have done on East Hill and because these things have to be done so far in advance, we have already put all that into play. The 200-foot radius and the list of affected properties includes only the multifamily properties. . .multifamily properties that have been studied and the 200-foot radius from the multifamily properties, and the report only deals only with the multifamily areas. Commissioner Uhlar-Heffner: One other question. Do you (unclear) mail and update of what the housing (unclear) as far as encouraging single family housing. Dan Stroh: Sure. This has really been a year of housing in the Planning Department. We've had a whole series of things going on. We had the committee, as you are well aware, that met to discuss and come up with strategies for the updated housing element. They met last fall and that resulted in the new housing element of the comprehensive plan. Subsequent to that we have had three other committees appointed all dealing with housing. We had one meeting on assisted housing, one meeting on the issue of group homes, and we had one meeting on the issue of encouraging single family development. They have all been meeting simultaneously and are all pretty much into their deliberations. The Single Family Committee is at a stage where they are beginning to actually develop some 5 Kent Planning Commission Minutes August 14, 1989 recommendations on actions, so we could send you kind of a digest of where they are at and what kind actions they are looking at. Commissioner Uhlar Heffner: In a way it makes sense to delete looking at site-specific concerns for single family (unclear) recommendations for single family parcels until the Single Family Committee comes up with (unclear) recommendations. Chair Martinez: Okay. Thank you. Dan Stroh: Stephen Clifton is going to follow me, and along with providing some response to things heard last week, he also has a digest or summary of the actual comments themselves that is an easier way than reading all the verbatim transcript to review what people said last week. Stephen Clifton: Hi. My name is Stephen Clifton. I am with the Kent Planning Department and I am here to partially respond regarding the last meeting's comments. We had 13 speakers at the last meeting and one submittal via a phone call which I received and I submitted the comments to the Planning Commission. Most of the speakers were against the single family recommendations to rezone the two areas, SF4 and SF6, to Single Family R1-5. Many of the speakers. . .there were four. . .the recommendations of rezoning the multifamily land to a lower density. Some of the issues which were raised were opportunities. . .this was by Mr. Mike Larson, the loss of opportunity to build affordable housing, need for multifamily housing and wants opportunity to serve these people, and that was for Multifamily Area 2, which is on the northwest corner of the Kent Highlands landfill. Other residents who were against the R1-5 zoning, their concerns were regarding traffic, regarding school overcrowding, water supply, utilities, police patrol and a couple of people who were worried about the devaluation of their homes due to R1-5 zoning next to their larger lots. What you have before you is a summary sheet of their concerns and, like , Dan had mentioned, that is a lot easier than reading the minutes. To respond to those issues, I did talk to the Kent School District and the Federal Way School District once again, and some of the Kent citizens were very concerned. . .but Kent Schools don't serve Kent residents or Kent students. Unfortunately that is beyond our control. They mentioned to me that the people who do define those boundaries are the State Boundary Review Board and the Educational Service District. The state divides those areas into service districts and both work at trading the boundaries for these districts. I asked her what we could do as a city as far as influencing the boundaries or how to define the boundaries for the school districts. Unfortunately it is beyond our jurisdictional control. She said that these boundaries can be 6 Kent Planning Commission Minutes August 14, 1989 amended or changed, but it is an extremely difficult process and it is very lengthy and whether or not they will be changed is another issue. Part of the problem is that school districts are not synonymous with city boundary districts. The City of Kent, especially up on the West Hill, is serviced by the Highline School District, the Kent School District and the Federal Way School District. As far as cities being able to agree with one another as far as what density are we going to get in this area, and what density are you going to provide in that area, in order to get the proportion of kids to fit in certain schools, it is extremely difficult to do. More county or regional planning needs to take place. Unfortunately that doesn't happen right now. I did do a break down of how many students would go to schools as a result of our recommendation. With the multifamily reductions we would have a reduction of around 37 students, and that is within the Kent School District. It is estimated that with multifamily units approximately .405 students per unit is the calculation that they use. So for 90 some units we would have a reduction of around 37 students. Now with the single family recommendations, of course if we are not looking at single family areas at this time, there is no reason to address it, but I think I should since there are people here who are from the West Hill area. In the areas SF4 and SF6, those students go to Federal Way School Districts. We would have an increase of 22 students with those recommendations. So overall for the West Hill area, we would have a reduction of around 15 students. The increase would go to Federal Way School District, and the decrease would be taken away from the Kent School District. I tried to get a hold of Federal Way School District officials, but I did not receive any calls back from them so, unfortunately, I could not tell you as to whether or not these students would be able to be accommodated in those schools. It would equal 12 students for Star Lake, five students for Totem Junior High, and four students for Thomas Jefferson High School. So you can see it is only a few students per school. But just to let people know, that would be the breakdown. We did have another concern regarding notification. These were people in area SF5 primarily. We did find the errors as to why those people were not notified. Subdivision activity had been input into the system, but somehow those parcels. . .those people who mentioned that they did not receive notice were not put into the system, so we have taken measures to rectify the situation. We would just like to thank people for bringing that to our attention, because if we are going to have any kind of mailing system in the future that is efficient and effective, we need to know about these things. Chair Martinez: Stephen, a question that I have is did you identify the problem just as far as West Hill, or is it so that we can fix it for all the other mailings. 7 Kent Planning Commission Minutes August 14, 1989 Stephen Clifton: So far we did identify it for only the West Hill. It is very likely that we won't find out about the East Hill or the Valley Floor until the hearings. Then if there are any mailing mixups or if the numbers aren't into the computer system, we'll find out at that time. It is impossible to find out at this time whether or not. . . Chair Martinez: Who is responsible for inputting that information? Stephen Clifton: We take our information off King County tax rolls, and then in addition to that we also input information from people who have done short plats so that, for instance, they have one parcel of land and they short plat that into five parcels, we take that information and put it into the computer system. So it is . . . the majority of it is taken from the King County tax rolls, and another part of it is taken from our GIS Information System because we input the short plat into that. Voice is unclear. Stephen Clifton: According to what we are required to do, we are required only to notify people within a 200-foot radius of the affected areas, and so we also did advertise for this meeting in the paper as well and we did advertise for the other meeting in the Times. And we did talk with people who did not see it in the Times, but we had other people who said that they did see it in the Times. So it was in there. We used several types of methods of advertising. Okay. Let's see. In regard to the multifamily areas then, as Dan had mentioned, that is what we are hoping you agree with as far as looking at the areas at this time. I did break down some figures to help you with further analysis. With the West Hill recommendations of reducing two areas from MRM to MRG and one area MRH to MRG, we would have a reduction of around 535 vehicle trips per day for those three areas. Obviously without the single family being analyzed at this time or recommendation taken on those single family areas, the increase there would be insignificant at this time. Just for your information, the difference between the single family increases and the multifamily increase was a reduction of around only 180 some vehicle trips. So, I would like to address. . .excuse me, I already did address the student population and where the students would go. In looking at all areas combined--West Hill, East Hill and Valley Floor--we would have a city-wide reduction, and this is important to know because you need to know how the West Hill fits into this, city-wide reduction of as many as 6, 115 vehicle trips per day. And so the West Hill constitutes 535 of those trips. 8 Kent Planning Commission Minutes August 14, 1989 (Voice unclear) Stephen Clifton: That was when you combined the multifamily decreases with the single family increases in vehicle trips. (Voice unclear) Stephen Clifton: 6, 115 are the total vehicle reductions city wide. When you look at multifamily reductions city wide. (Voice unclear) Stephen Clifton: Correct. And I quickly also did some calculations right before this meeting and when you do not analyze the single family areas. . .before we were looking at 11.31 percent increase in potential single family units over what would be allowed under existing zoning. Under the recommendation of only looking at multifamily units, that drops to 9 percent, so you only have a reduction of 2 .31 percent, so you can see that the single family zoning or the single family areas in which we were recommending single family increases was only 2.31 percent of that. So you can see that most of the increases are coming from the multifamily reduction, and with that reduction the single family increases on that multifamily land. Okay. I believe that is all I have at this time unless you have any other questions. Chair Martinez: Thank you. Stephen Clifton: You're welcome. Chair Martinez: A couple of things before we begin. The first one is that we are working under the rules of the Appearance of Fairness which was explained to us last time, but that is that whatever needs to be said to the Commissioners needs to be said in this forum and not outside, because we will ask the Commissioners report back and things get confusing. So, say what you have to say to, us tonight. The second thing is that there should be a list going around. . .a sign-up list. Has it been around? And has everyone who wanted to speak signed? Fred Satterstrom: Has everyone had an opportunity to sign this? Chair Martinez: If you are interested in getting any additional mailings as we go along, we also use that list for people who want to get minutes of the proceedings and that sort of thing. So, you can indicate whether you want to speak. (unclear voices) Elmira would you like to make a comment. 9 Kent Planning Commission Minutes August 14, 1989 Elmira Forner: At the last meeting there were two people in the audience, Cindy McReynolds and Dale Dodrill had asked me to get them information. Cindy had asked for information on why her child had to go to a school in Federal Way when she was in Kent, and Mr. Dodrill had asked for information on how the boundaries were formed. And I actually got information from the state and did send that to them in the mail with a correspondence, but it only had to do with school formation and why their kids went to a certain school district. Chair Martinez: Now we would like to hear from the public. The first one is Jane Koler. Jane Koler: Good evening Commissioner Martinez and members of the Planning Commission. I am Jane Koler and represent Kentview Properties, Inc. My address is 18th Floor, Pacific Building, Seattle 98104. At the hearings which you last conducted about the rezone process you stated that you had adopted a very generalized approach to the rezone process. And I think that it is important to clarify that when you are engaged in a planning process or a legislative process, such as amending your comprehensive plan, it is perfectly permissible to have a generalized sort of process where you don't delve into a site-by-site analysis of the properties you are going to rezone. However, in a rezone process Washington law obliges you to do a very intensive site-by-site analysis of the properties which are going to be rezoned. Under Washington law a rezone process, whether its an area-wide rezone or a site-specific rezone, is a quasi-judicial proceeding. Washington law is very, very protective of the rights of individual property owners. And because of that they say even if you are rezoning, oh gosh, there are cases. . .let's see, Woodcrest involves 500 acres, they say that is an area-wide rezone and its quasi- judicial proceedings. There is a case involving 900 acres. the Washington courts say yes, that is a quasi-judicial proceeding. In some jurisdictions. . . in some other states area-wide rezones are legislative proceedings, but not in Washington. So I think. . .by virtue of the fact that a rezone proceeding is characterized as a quasi-judicial proceeding, you have to accord the property owner certain due process protection. And those protection include a quasi-judicial hearing before the zoning classification of property is changed. Now quasi-judicial proceeding. . .hearing is basically a hearing where the property owner has notice, a full opportunity to present all evidence bearing on the rezone, an opportunity to cross examine opponents of the rezone or proponents of the rezone, whatever his position is, and a full opportunity to be notified of the date on which this proceeding will take place and the opportunity to have the decision maker to enter written findings and conclusions that specifically support that rezone or the denial 10 Kent Planning Commission Minutes August 14, 1989 of that rezone. Because a rezone in Washington is a quasi- judicial proceeding even when it is an area-wide rezone, it is imperative that the Planning Commission, when you are going to rezone property, accord the property owner a full quasi-judicial hearing. And consider very carefully legal requirements imposed by Washington law and by the Kent Municipal Code on the rezone process. Before a property can be rezoned in Washington and in Kent, certain legal requirements have to be met. In fact the Kent Municipal Code actually has more rezone requirements than Washington law. And you have to meet both sets of these requirements. In the Kent Municipal Code the requirements are codified at Section 15. 09, and the Washington legal requirements are that the proponent of the rezone has the burden of proof. That means that the proponent has to come forward with all kinds of evidence showing that the rezone is justified. There is presumption of validity accorded to the present zoning status of property. So if you are rezoning property, it is a really big deal. You've got to come in and you've got to show that circumstances have substantially changed at the site and in the area of the site and that the present zoning classification of the property is no longer justified because of a substantial change in circumstances. You've also got to show that the rezone is in the public interest, you've got to show that the rezone is of the particular parcel of property is in compliance with SEPA. Then the City has to enter findings and conclusions specifically supporting the rezone of the particular parcel of property. And you've got to give the property owner a quasi-judicial hearing. Kent Zoning Code also is very, very protective of the right of individual property owners. The reason that Kent has created the office of hearing examiner is to inject more due process into the administrative land use regulatory process. The ordinance which creates the office of hearing examiner states that the hearing examiner is to provide and I quote from the ordinance a greater of due process in land use regulatory hearings. And the ordinance also says the purpose of the office of hearing examiner is to separate land use policy formulation from the land use administrative process. Now the land use administrative process is when you apply specific provisions of the zoning text to specific parcels of property. So, we are dealing now when you are sitting and contemplating making a recommendation about map amendments, you are performing a land use regulatory function. Now the hearing examiner ordinance and the ordinance which creates the Planning Commission and defines your authority states that the planning process should be separated from the administrative process. So the way the City of Kent is set up the Planning Commission, it envisioned that this body would be considering policy changes and making planning decision, but that a separate body would implement these policies and apply them to specific 11 Kent Planning Commission Minutes August 14, 1989 parcels of property by doing map amendments, and that office is the hearing examiner, which performs administrative functions. There is a problem with this present process. Chair Martinez: Can I ask a question. I seems that you may be arguing with the wrong people, and it may be well stated that you want this on the record; however, we have been directed by the City Council, who also looks at the hearing examiner's proceedings and we have also had it researched by the City Attorney, as I understand it, before we were directed to do that. And I don't know whether you're right or wrong. I do know what our task is, though. Jane Koler: For the record, since we have been deprived of a hearing before a hearing examiner, which your zoning code states you have a right to if you have property which is being rezoned, I 'd like to state some specific problems which I see with ordinance 2796 which interests the Planning Commission in this specific instance with the function of performing a regulatory function. It states that the Planning Commission when implementing a rezone which involves the municipal policy of reducing the density of multifamily development that the Planning Commission rather than the hearing examiner will consider such rezone decisions, such map amendments. It is contrary to law due process is what we are dealing with to accord citizens in most circumstances with the right to a hearing before the hearing examiner before their property rights are changed, and then to single out one specific instance in which you say well, this is a different kind of rezone. It still involves a rezone, it still involves a map amendment, but we are changing the process right now. For these hearings the Planning Commission is going to conduct the hearings, you are not going to be given opportunity to come in and present a bunch of evidence, cross examine the city. It's a different proceeding. It offends due process to do that. You have to accord equal process for similar types of activities. So for map amendments you can't say in some situations we're going to accord citizens a right to have a hearing before the hearing examiner, and in this one specific instance we're abandoning that procedure. We are ignoring the zoning code. We're ignoring the provisions in the ordinance creating the office of hearing examiner. We're ignoring the provisions in the ordinance creating the Planning Commission which state that the planning function and the regulatory function should be separate, and we're going ahead and enact this new procedure which provides for a sort of different process. So there's a constitutional problem with that ordinance which has directed you to hear amendments concerning map amendments, and it is contrary to other provisions of the municipal code. Because this rezone significantly affects the owners of Kentview Properties and 12 Kent Planning Commission Minutes August 14, 1989 significantly changes their property rights, their development rights, they are requesting officially that they be accorded a hearing before the hearing examiner and to have the hearing examiner consider this rezone. So as part of the record tonight I 'd like the record to reflect this official request we are making to the city. There are a few other considerations I think that must be considered, and one of those is affordable housing. Everybody. . .when you read the papers you see the rising cost of single family housing is a great concern. And certainly a lot of people in other years who would purchase single family housing are forced to live in multifamily housing. And there is a strong concern that there be affordable multifamily housing. The City of Kent beginning, oh gosh I guess, in about (unclear) has radically reduced the amount of property that is available for multifamily development. They rezoned a lot of property along the Green River for agricultural use, which was a holding zone for more intense future development, including multifamily development. That property no longer is available. Now you are reducing the density which is allowed in multifamily zones, and I think that all of these decisions are going to create a sort of, I guess a fancy bedroom community without much affordable multifamily housing. So it is important to remember that when you rezone property, there is a public interest in having. . .you have to show that it serves the public interest. Certainly there is a strong public interest in having affordable multifamily housing available. Also, there is a lot of talk about not being sufficient, you know there are transportation problems and that sort of thing. Whenever a developer does a development, you always can impose mitigation through SEPA on that developer and have them provide infrastructure improvements that are necessary. Kentview Properties is very concerned about this process and about having their density reduced simply because they are very close to the landfill site, and that will perhaps be a hardship on their abilities to develop the property, will make it more expensive, and they are certainly interested in having the maximum amount of density that they can at that site. Does, anyone have any questions? Commissioner Uhlar-Heffner: I do. You have these procedural concerns about the staff recommended site-specific alternatives for multifamily properties, do you have the same procedural objections to the text reduction which is an across-the-board reduction multifamily by 20 percent, irregardless of site characteristics. Jane Koler: Okay. The text reduction. . .I haven't looked at that specifically. . .the Planning Commission does have the authority to enact text amendments. You don't have the authority under the zoning code to enact map amendments. If the text amendment amends 13 Kent Planning Commission Minutes August 14, 1989 the zoning map, then it seems to me that we are dealing with something that is tantamount to a map amendment. Commissioner Unhlar-Heffner: A text reduction, as I understand it, is simply following the ordinance which instructs the Planning Department to reduce across-the-board multifamily housing by 20 percent. So it is not looking at site characteristics. Jane Koler: I think that is. . .really when you get into that sort of text amendment it is really tantamount to amending the zoning map. Commissioner Uhlar-Heffner: So you would see that as amending the. . . Jane Koler: Whenever you change development rights, there is a long line of cases stating that you've got to have a hearing, because the property owner has been paying taxes, he's purchased the price in reliance on zoning classification. So when those rights are changed, he has to have the opportunity to come forward and present all the evidence that he wishes to. Commissioner Forner: You're not questioning the hearing, you're just questioning us acting as a hearing. . . Jane Koler: I 'm questioning not having a hearing before the hearing examiner. Commissioner Forner: But this is a hearing. Jane Koler: But this is different than when you can come in with experts and you can spend as much time as you need to, like cross examining the members of the city that are presenting conclusions, like. . .there are some very interesting conclusions of this whole rezone proposition. Commissioner Forner: So you are questioning this as acting as a. . . Jane Koler: Quasi-judicial hearing. Commissioner Forner: I have one more question. You mentioned an RCW at the beginning. Do you have the number of that RCW that you quoted. . .the state Jane Koler: The state requirements on the rezone process. You find the state requirements are articulated in cases beginning with Parkridge v Seattle. Let me get you the citation. . .Do you want the citation for these. 14 Kent Planning Commission Minutes August 14 , 1989 Commissioner Forner: What general topic would it be under. Jane Koler: lt's 89 Washington 2nd page 444. I have it over at my seat. I can correct that. This is an area I understand that the city justifies as being a legislative proceeding on the basis that it is an area-wide rezone. Woodcrest Investors is a court of appeals case, and it very squarely addresses the issue of whether a rezone which covers an area is a quasi-judicial proceeding, and the conclusion of that case is yes. And I can also. . .I'll just give you a note that has the citations. Then the city has also said that this is legislative, because the zoning amendments. . .the map amendments were initiated by the city. But Barry v Kitsap County addresses this issue in its annexation zoning. It is city initiated, and it is even initial zoning which is being imposed on property which is being annexed into the city. And the court very clearly says because specific property rights are more affected than the rights of the populace at large, we've got to consider this a quasi-judicial proceeding. It just seems that these proceedings are so protracted. They'll be at the Planning Commission and then they will go on to Council, and I think it makes good sense to do it right because it is affecting property owners ' rights, so why not have hearings before hearing examiners. Or else if you want it before the Planning Commission, I think there is a problem with having a Planning Commission hearing simply because your Planning Commission ordinance and your hearing ordinance are so emphatic about separating the planning and zoning functions, the planning and administrative functions, that I think that is a real problem the way Ordinance 2796 combines those functions. Commissioner Forner: Probably this is rhetoric, but you say that the Planning Commission cannot act as a quasi-judicial committee in this hearing. Jane Koler: The way your ordinances are set up, like in some cities Planning Commissions do perform. . .they do conduct quasi- judicial administrative hearings. In Kent you happen to have set your ordinances up so that the Planning Commission performs planning functions, policy-making functions, and then the hearing examiner performs administrative functions. Then when you think about it, it makes good sense because policy decisions everybody is all fired up about and they want to see them implemented straight across the board. Hearing examiner has a little bit more distance from the planning process and he is able to say, well now, is it fair to apply this policy in this situation. Let's consider all the characteristics of this particular property and balance those against the city's need to apply these new policies. And it can work the opposite way. . . the property owner can be saying yeah, 15 Kent Planning Commission Minutes August 14, 1989 yeah I want my property to be rezoned, and the hearing examiner can be balancing and say wait, this is what the comprehensive plan says about this area. This is what the city's planning objectives are for this area and balancing them with interest. Commissioner Forner: But apparently the municipal code says that we could, otherwise we wouldn't have been given this job. So you think the state. . . Jane Koler: No, not the state, the city impermissible enacted Ordinance 2796. That's the ordinance which entrusts you with performing this quasi-judicial function. I think that in doing that, you know, first of all there's a problem with having different processes for a map amendment. For saying to most of the citizens in Kent, yes, if you want a map amendment, you get to have a hearing before the hearing examiner, which usually those hearings last two or three hours. Then to say but if the rezone consider. . . if the map amendment pertains to the reduction of multifamily density, then you have to go before the Planning Commission, everybody is going to be given 10 minutes to speak and that's your fair hearing. So there are inherent problems with the task that you have been asked to perform, because you are not considering all the characteristics of all the individual properties. That would be too tough. I think that's why Kent divided the planning functions from the administrative functions. Commissioner Forner: We'll have to go back to the legislative body and ask if we are legal. Chair Martinez: We have, actually. Commissioner Uhlar-Heffner: Just one more question. You are representing which property owners. Jane Koler: Kentview Properties, Inc. Kentview Properties Inc. , they own the Kent Highlands site. Commissioner Uhlar Heffner: That's Multifamily Area Two. Jane Koler: Yes. And because this is adjacent, the property they own is adjacent to the Kent Highlands, they are very concerned with having a decision maker consider all the complexities there are at this site rather than just have sort of a generalized approach to map amendments in this case. Commissioner Greenstreet: Approximately three years ago or so, remember Kent Highlands sponsored a large contingent before the Planning Commission and they had engineers, lawyers, experts that 16 Kent Planning Commission Minutes August 14, 1989 had done landfills from San Francisco, up the coast, U of W, and so they recognized the Planning Commission back then, and addressed them as so. . . about six so-called experts, and I didn't hear the statements that you are making then. Jane Koler: I can't comment on what they said then. Commissioner Greenstreet: All I am saying is that the Kent Highlands was the owner of that property and he had a very large, almost a community such as the Lakes that he was envisioning, and so they recognized the Planning Commission back then. I am just putting that in. You are making your statements and just remembered this owner before had approached this body in a different way. Jane Koler: I guess I have very strong feelings about this. I have been involved with a zoning appeal of part of the Kent Highlands property, and if your zoning code provides for a procedure, it makes a lot of sense to go with that procedure, because why spend the city's time and money on an expensive appeal process, and why spend the property owner's time and money. There is better stuff to be doing with money than grinding through the Washington court systems. Commissioner Greenstreet: One question I guess I 'd have is asking Fred if we can just follow through on the procedures that we've been going through on this and she can address this in another way. Chair Martinez: As I understand it, we have already addressed that with. . .the Council addressed that before it came to us. Is that correct? Fred Satterstrom: You can stay closer, Jane. Perhaps something I say will spur some thought on your part. For the record I am Fred Satterstrom, Planning Manager in the Planning Department. I want to have the Planning Commission rest assured that the City staff and the City' Council have reviewed the ordinance that Ms. Koler has cited to you that authorizes the Planning Commission to hold hearings on this zoning matter. Our city attorney basically drafted the ordinance that directs the Planning Commission to hold these hearings. The City feels, the administration feels that the process it has directed the Planning Commission to do is in fact a legal one. It is not unprecedented either. We have done the same process of having the Planning Commission hold the public hearings on zoning six or seven years ago in conjunction with the agricultural zoning on the west and south sides of the Green River. We did it also in conjunction with the subarea study up on East Hill where the Planning Commission rezoned a number of commercial 17 Kent Planning Commission Minutes August 14, 1989 properties out there. Ms. Koler has suggested that perhaps a separate hearing be done on. each separate piece of property, and really were that the ideal situation, I think . . .or if that were feasible, then perhaps we could do that. If we fully analyzed 744 vacant and underdeveloped parcels, and were we to hold individual hearings on each one of those individual parcels which are scattered throughout the city in all of the three subareas, we'd be here until doomsday holdings hearings in front of the hearing examiner. The Council directed the Planning Commission to do this study for good reason, and that is because you have a broader, more general approach to these matters. The city believes it is a legislative type of process and one that would designate the Planning Commission to hold the hearings on. So we can look at it through that broader prospective. So I would urge the Planning Commission not to spend too much time on whether or not this process is legal or illegal. The simple matter of it is that the administration would not have directed the Planning Commission to do it if it didn't think it was the proper process. Commissioner Forner: Still one question. Is there a possibility of it being challenged individually for constitutionality over a technicality. Fred Satterstrom: Certainly. I think the opportunity to challenge this action on a number of grounds is available. I don't want to play lawyer here but I leave that to Jane and the attorneys, but I suspect that a number of property owners may in this process be concerned enough certainly to at least hire attorneys to look at it. And the possibility of a lawsuit on this as well as countless other matters that the Commission may deal with are always susceptible to lawsuits. Jane Koler: Those sites that you were talking to me about, Parkridge is 89 Washington 2d 454, that reiterates all the basic legal requirements imposed on rezones. Woodcrest Investments v Skagit County 39 Washington App 622 addresses the issue of whether an area-wide rezone is legislative or quasi-judicial proceedings and concludes that it is a quasi-judicial proceeding. I can't ask you to analyze the legal merits of whether you should be conducting these hearings. I am convinced that there are significant problems with this present process, Ordinance #2796. I would like to request either a hearing before the Planning Commission, a full hearing where we can present a bunch of witnesses and cross examine the city's witnesses, because we are entitled to a quasi-judicial hearing. There is no doubt about that. Thank you very much for your patience. 18 Kent Planning Commission Minutes August 14, 1989 Chair Martinez: Thank you. The next person who has signed up to speak is Kim Wise. Karey Wise: For the record my name is Karey Wise, K A R E Y, and whether it is Karey or Kim, either way I'm he. My address is 26841 Downing Avenue South. I come to this meeting a little bit cold and with quite a bit of tunnel vision tonight. My own concerns deal with parcel SF6. I 've been told that the access for that development is going to be going directly in front of a school. . .the only ingress and egress for that parcel will be directly through a school zone. The main purpose of my being up here is to request the Planning Council to take a very careful look at the vehicle trips back and forth in front of that school in considering the increased density. Chair Martinez: If we go along with the recommendations that have been made tonight by the Planning Department, the density recommendations will not change in single family plot 6. That is the new recommendation that has been brought to us by the department. Karey Wise: Thank you. Chair Martinez: Thank you for your concern. Patricia Rommick, unless I 've mispronounced it badly. Patricia Rommick: No, I didn't want to speak. Chair Martinez: Are there any other people who have signed up to speak tonight. Then I will entertain a motion to close the public hearing. Commissioner Greenstreet: So moved. Elmira Forner: Second. Chair Martinez: Discussion. All in favor. Commissioners: Aye Chair Martinez: Opposed. (Silence) Chair Martinez: We have several things before us that we need to discuss. How would you like to start. Commissioner Greenstreet: The proposal made by the staff as far as multifamily and not addressing single family. . .I am personally in agreement that it would speed up the process of the West, East 19 Kent Planning Commission Minutes August 14, 1989 and Valley Floor as an overall way to deal with this. It looks like it would be better for us getting through this and then review the single family, *because that seems to be the burden that we have in this. . .West Hill especially. I'm sure we'll run into it on the East Hill. So I have no problems with that recommendation. Commissioner Uhlar-Heffner: I would agree with that. I would like to see some recommendations from the Single Family Housing Committee before we take up the issue of single family housing. Commissioner Forner: I still have the concern, even though I 've been assured that the purpose of this is not to trade off apartments for single family, but I still have some concerns about availability and affordability of single houses if they don't deal with it. Chair Martinez: However, do you think that we may be mixing apples and oranges here to the point where we would never actually make it through the process. Commissioner Forner: That's probably true. Chair Martinez: That's a concern of mine that we get through the process. . . Commissioner Forner: That we deal with one issue at a time. Chair Martinez: Yes. They aren't going to get any smaller without it. And they will either be built on it at a higher density only if we make sure it comes to us again. Commissioner Greenstreet: I make a move that we accept the recommendation. . . Chair Martinez: With the exclusion of the single family consideration. Commissioner Greenstreet: Correct. Chair Martinez: Which recommendation. . .we have actually four before us. Commissioner Greenstreet: Well, it did include adding the 5000 zoning change to the plan, but it is not using it in a single family review. 20 Kent Planning Commission Minutes August 14, 1989 Chair Martinez: Okay. We have no action, we have site specific reduction, text reduction, or the other which doesn't exactly apply to the West Hill. So which does your motion speak to. Commissioner Greenstreet: I didn't realize that this had to deal with these alternative plans. Commissioner Forner: We were just discussing whether to deal only with multifamily housing. We weren't discussing which. . . Chair Martinez: I thought you were making a motion to. . . Commissioner Greenstreet: No, I wasn't. Chair Martinez: I'm sorry, I misunderstood. Would you repeat;your motion again. Commissioner Greenstreet: The motion was at the original start of the hearing was staff made a recommendation that we limit our review to multifamily reduction and the creation of the 5000 lot size. Isn't that correct? Dan Stroh: Yes Chair Martinez: Just to the multifamily Dan Stroh: (Unclear) Commissioner Forner: I second that motion. Commissioner Uhlar-Heffner: They did bring up the single family overlay zone that they would like to have that considered as well as the R5. Commissioner Greenstreet: Maybe I should have that clarified because I 'm not sure. . . (unclear) . Stephen Clifton: Stephen Clifton, Kent Planning Department. What we are asking for is only the review of the three multifamily areas and recommendation on those. We are asking for the single family designated overlay area to be approved. We are asking that the R1- 5 zoning classification not be approved at this time and to wait for the East Hill hearing instead. We are asking for the text reduction for the West Hill Comp Plan as is stated in the back of the report and the comp plan changes in regard to the three multifamily areas. 21 Kent Planning Commission Minutes August 14, 1989 Commissioner Greenstreet: I'm going to table my motion just because it is more complicated. Chair Martinez: Will you move to table it? Commissioner Greenstreet: The overlay, are we addressing WH-12? Chair Martinez: Just a moment. Let me get a second on the tabling before we go any further. Commissioner Uhlar-Heffner: I second that. Chair Martinez: Now where am I. Now you would like to discuss. Commissioner Greenstreet: Yes, I just want to clarify it. I didn't know it was going to be . . . one whole. . .on one motion to decide the whole thing. That was not my intent. Chair Martinez: Why don't you make the motion that you intend. Commissioner Greenstreet: If that's the proper procedure to do it in bits and pieces. Chair Martinez: We can decide. Commissioner Greenstreet: That's fine. My intent to move that we just address the multifamily, that we create the 5000 lot size (unclear) for the single family homes in multifamily-zoned areas. Those are the two things that I thought were the starting blocks. Stephen Clifton: Then in addition to that you do want to make sure that the comp plan reflects the zoning changes which are taking place. In other words, if you are changing Multifamily Area One from MRM to MRG, that area would need to be MF24 or 12-24 units an acre. MRG zoning is 16 units an acre; therefore, it falls within that range and so therefore that's why you need to identify that as being MF24. Commissioner Forner: Isn't that a technicality that goes along with the change? Stephen Clifton: Well, you want the comp plan and the zoning plan to reflect each other and to make sure that. . . Commissioner Greenstreet: That they are in tune with each other. (Unclear) . . .nothing drastic there. 22 Kent Planning Commission Minutes August 14, 1989 Stephen Clifton: You are just making sure that the two are compatible. Commissioner Greenstreet: Okay. I have no problem with that. So part of the motion is that the comp plan and this plan are compatible or reflect one another. Stephen Clifton: In addition to that you would also want to address the single family designated area overlay district. Commissioner Greenstreet: See now we are getting in (unclear) where we are not. . .I don't totally understand. When you say the single family overlay, now am I getting off the beaten path. James Harris: Perhaps that needs to be explained. I am supposed to be up on this stuff and I 'm a little bit confused, too. I think what we need to do is go through one step at a time. For instance, we are asking that multifamily only be approved and we are not dealing with any sites specific single family. Two, we are asking. . .and I think we are asking 5000 text amendment to also be included, although I heard someone say that maybe that could be put off until the East Hill hearing. Three, we are discussing also a large overlay that designates where single family areas will be on West Hill. In other words there will be a line drawn around and this is a single family neighborhood for West Hill. Stephen Clifton: Right. You can turn to page WH-49 and that shows the single family designated area concept. James Harris: The other thing is to bring the comp plan into sync with the thing we are doing also, or the other should be in line. Chair Martinez: Can't we do them one at a time so there is no confusion about what we are doing. James Harris: Yes, we're giving an overview of what we are doing. Chair Martinez: By the way, I 'd like to go back in the minute. . .just a second. We had a move to table and I had a second. Did I have a vote on it? Voice: No Chair Martinez: I apologize. We should vote on that so that is clear in the record. Commissioner Forner: When you table a motion, (unclear) bring it up again. . . 23 Kent Planning Commission Minutes August 14, 1989 Chair Martinez: But we need to vote on it. All in favor. Commissioners: Aye. Chair Martinez: Opposed. (Silence) Thank you. Now you wanted to make a motion. Commissioner Greenstreet: The third time's a charm. We are going to go out on number 1, number 2, number 3, number 4 and make a motion on each one and approve it. Chair Martinez: That would probably be the way I would recommend whatever way you make the motion, we'll see what we think. Commissioner Greenstreet: That would be my intent. The motion is that we just move on the multifamily development sites to disallow the single family problem and separate them and concentrate on single family. Chair Martinez: Is there a second to that? Commissioner Forner: Now you're just talking West Hill. Let's make sure we understand that. Chair Martinez: Is there discussion? All in favor. Commissioners: Aye Chair Martinez: Opposed. (Silence) Do you want to consider this before you go on to any other motion, which I think would be an excellent idea, because then you will know what you are making a motion on. Voices: Sure Chair Martinez: We have three alternatives in front of us. We have no action, we have sites specific reduction, and we have the text reduction. What is your pleasure? Commissioner Forner: We are legal to go site specific. Chair Martinez: We have been told we are and we will act that way until we are told differently. Commissioner Forner: If this is just for the multifamily that we are talking about text reduction. Chair Martinez: Yes. We are talking about. . . (unclear) or no action. 24 Kent Planning Commission Minutes August 14, 1989 Commissioner Forner: That means that everybody does the same Chair Martinez: Twenty percent reduction across the board. Commissioner Forner: I move that we adopt the text reduction for the multifamily zones on West Hill. Commissioner Greenstreet: Now just let me review for a second. Chair Martinez: Is there a second. Anne Biteman: I'll second that. Chair Martinez : Now the text reduction will be 20 percent across the board for all sites zoned multifamily. Commissioner Greenstreet: Now I 'm looking at Multifamily Area 1, 2 and 3 proposed zoning change on WH-19. Chair Martinez: Okay, I'm looking at 18. Commissioner Greenstreet: And when you are looking at that (unclear) . . .text. Chair Martinez: No, that is site specific. Commissioner Greenstreet: Site specific. And the same when I look at WH-22, that's site specific also. Chair Martinez: That's correct. Commissioner Greenstreet: Okay. I guess my question is why do you prefer text to sites specific. Commissioner Forner: Because it is more equitable. Everybody reduces 20 percent and you then don't get into the hassle of saying you have made me do 'more and why did you make this one reduce more than that one. Everybody is treated equally. Reduce it 20 percent across the board. . .all multifamily. Chair Martinez: I would hasten to remind you that this is why we have it back because the Council disagreed with us (unclear) . Commissioner Forner: And you don't get into the individual differences of why one would have to reduce more than the other. Commissioner Greenstreet: I know when we were doing it, basically the theme of most of the people that we've heard is that they are 25 Kent Planning Commission Minutes August 14, 1989 trying to establish the quality of their neighborhood, and site specific seems to be more in tune with the neighborhood which is single family. Because there isn't on the West Hill that much multifamily, and so to have a less density is really into the flow of things than to be concentrated. We've heard everything from moratorium where there is no building and less traffic, less crowded schools. . .everything points to less dense from everything we've heard. . .other than affordable housing. That's the only argument I've heard for more density. In (unclear) multifamily intent, I think the affordable housing Kent has done its share. The community has done its share. . .the schools, the roads and everybody that has to deal with that problem are feeling that the community is doing more than its share. Commissioner Forner: We're just talking about the West Hill now. Commissioner Greenstreet: Right. I'm on the West Hill traffic and schools. Commissioner Forner: So you recommend that we go more than 20 percent. Is that not enough? Commissioner Greenstreet: Looking at the sites specific plan and looking at the density there and I feel that is more acceptable. Chair Martinez: You feel it is more acceptable because it reduces density more or for other reasons. Commissioner Greenstreet: That is one of the reasons because of the way it affects the whole community. . .overcrowded schools, hour- late bussing. Commissioner Forner: But it doesn't reduce it more, does it. Commissioner Uhlar-Heffner: It does. Text reduction achieves an overall reduction of 3600 units and the sites specific achieves 35. I'm sorry you are right. Commissioner Forner: But that was including single family. Commissioner Uhlar Heffner: But that is broken out separately. Chair Martinez: But if you look at the totals, one of them. . . is this correct, staff. . .there is about 85 more units. . . (unclear) two more here, nine more there and 40 more there. . .about 50 more in the sites specific for the reduction. Is that correct? 26 Kent Planning Commission Minutes August 14, 1989 Dan Stroh: There are more reductions for the West Hill area for these three areas that would be put into effect with the sites specific reduction. Because we are going from Multifamily Area 1, we are going from the current MRM zoning, Medium Density, down to Garden Density, that's 23 down to 16. Straight 20 percent would be 23 down to 19. MF Area 2 in West Hill we are recommending going from MRM, Medium Density, down to MRG, again 23 units per acre down to 16. Area 3 MRH, High Density, recommending all the way down to Garden Density, that's 40 down to 16. In this particular area it is a greater reduction. The city totals. . .when you look at the city totals of course, our end result was to find different ways of achieving the bottom line 20 percent. So you might take more off in one area and less off somewhere else, but it was all juggled to produce a bottom line 20 percent impact. So that is why the city totals look the same. In this particular case the sites specific will take a little more than 20 percent off West Hill. Commissioner Forner: And the other thing, I would rather have the West Hill have more apartments than the East Hill, because they are closer to transportation, they are closer to the infrastructure rather than having to provide more services and part of the infrastructure further out in the rural area. I think good planning promotes higher densities nearer public transportation and facilities. Commissioner Greenstreet: But that's just a philosophy. You can talk to one group of people. . .planners and they can say that at this intersection concentrate your people. You can get another group of planners and they at this intersection there will be more people stopped at a traffic light, interacting and everything should be built off so that there is more view, more light because there is so many people there and things are built away from it. So you can get two groups of people saying two different ways to build. I'm not saying either one is right, but in this situation I happen to lean toward less. When I review East it might not be site specific. on the overall plan and for the good of the community West Hill', East Hill, Valley Floor, this plan I think is the best for the West Hill. If it's good for the West Hill, then I think it would be good for all of Kent. If West Hill reduces, I 'm not saying add the people to East Hill. I'm not saying that at all. I 'm looking at it strictly at the planning of West Hill, a quality community. And for those people, the schools, that traffic, I think it's the best approach. Commissioner Forner: I disagree. Chair Martinez: The thing that has been uppermost in my mind when I 've been looking at this are things such as. . .transportation is 27 Kent Planning Commission Minutes August 14, 1989 already in all three of these areas where we are talking about text reduction at level E and F. And you may say that there are transportation sites there, but in fact they are almost to capacity at the present time. Simply by going with the sites specific, it would seem to me that. . .I have to admit in the overall city, the West Hill is not going to bear the brunt of (unclear) multifamily. It seems to me that we need to take into consideration that with an even hand these same kinds of factors as we are going to look at the West Hill and at the Valley in that these people are almost at gridlock. They have no sidewalks, in many cases there are other parts of the infrastructure that don't exist up there. Commissioner Uhlar-Heffner: I guess I can see where adopting the text reduction across the board is the most equitable and easiest way of accomplishing this; however, you don't have the options for going from the multifamily to residential zoning with an across- the-board 20 percent reduction. I think that is probably appropriate in some cases. We don't have that being brought up on the West Hill, but we do with the East Hill and the Valley Floor. And I guess I 'd like to see that option made available. And I do like the fact that with the sites specific recommendations, the staff did make an attempt to look at impacts with transportation and impacts on the schools and utilities. Where with an across- the-board reduction you don't get that (unclear) analysis. So I guess I would favor the sites specific alternatives for the West Hill multifamily. Looking at those options rather than across- the-board text reduction. Chair Martinez: Anne, do you have anything you want to add. Commissioner Biteman: I guess (unclear) I'm not for more apartments on the West Hill, but we have to have them, I guess. So I would like to have the most amount of reduction. Chair Martinez: Is there a call for the question. Commissioner Greenstreet: What's the motion? Chair Martinez: The motion before us is to accept the recommendation of the text reduction, which is an across-the-board 20 percent reduction in the three multifamily areas that we are looking at. Commissioner Forner: We didn't get a second on it. Chair Martinez: Yes, we did. Anne Biteman seconded it. All in favor. 28 Kent Planning Commission Minutes August 14, 1989 Commissioners: Aye (Commissioners Forner and Biteman) Chair Martinez: Opposed. Commissioners: Nay (Commissioners Greenstreet, Uhlar-Heffner) Chair Martinez: I 'm looking for another motion then. Commissioner Greenstreet: I move that we accept the site specific reduction for West Hill. Commissioner Uhlar-Heffner: I second that. Chair Martinez: Is there further discussion. Commissioner Forner: Call for the question. Chair Martinez: All in favor. Commissioners: Aye (Greenstreet, Martinez, Uhlar-Heffner, Biteman) Chair Martinez: Opposed. Commissioner Forner: Nay Chair Martinez: So that is our recommendation on the density reduction alternative. The next thing to consider is the new zoning. Commissioner Greenstreet: Where in the text could that be found exactly. Dan Stroh: If I may lead you to pages WH-47 and WH-48, at the end of the report are listed out the four actions that staff was proposing to be done as part of the review tonight. We still would be proposing that all four of those be accomplished tonight with the exception of course of the single family areas in item 4 zoning map amendments. We would continue to propose that items 1, West Hill Subarea Plan text amendments be made. These are needed to bring some of the text in the subarea plan for West into conformance with the recently passed housing element in the city's general comprehensive plan. Item 2, Subarea and Comprehensive Plan Map Amendments, what these do is they do make the zoning and the comprehensive plan maps consistent for the West Hill Area. It also includes the creation of the single family designated area overlay which we continue to feel would be an appropriate action even without taking the specific zoning action on the single family sites. It is designed to really protect the area, basically the area that is of the single family character on West Hill. The 29 Kent Planning Commission Minutes August 14, 1989 third action on page WH-48 is the zoning code amendment creating the R1-5 district. The Commission could take or could not take that action tonight. We don't need it for Area 1, 2 or 3, but that would be up to you whether or not you want to move on that tonight. Then, of course, the zoning map amendments which, having decided on the specific way of doing the zoning map amendments with the site specific analysis, you've already partially moved on that one. Chair Martinez: What is the pleasure of the Commission. Commissioner Greenstreet: I move we create a new zoning district, R1-5. Chair Martinez: Is there a second. Commissioner Forner: Are you talking about number 3, create a R1- 5. Chair Martinez: Is there a second. It dies for want of a second. Commissioner Greenstreet: Okay, number 2. Isn't that the single family area. I move we accept the recommendation #2 there. . .single family designated area which is shown on map 49, WH-49. Chair Martinez: Are you moving to amend the West Hill Plan Map to create single family designated area overlay and to amend the West Hill Plan Map for implementation to site specific recommendation. . .to multifamily area MF03? Commissioner Greenstreet: Yes. Chair Martinez: Is there a second. Commissioner Uhlar-Heffner: I second that motion. Chair Martinez: Is there discussion. And we all understand that nothing (unclear) I don't know where that is going to be yet. Is there any discussion on this. Commissioner Forner: We've already done part of it. All we are doing is saying is do we accept the overlay where the single families are. Call for the question Chair Martinez: All in favor. Commissioners: Aye 30 Kent Planning Commission Minutes August 14, 1989 Chair Martinez: Opposed. (Silence) Thank you. We have to amend the West Hill Subarea Plan which we have not done. Commissioner Greenstreet: Which is number 1. Chair Martinez: That changes the housing element and the public facilities and services (unclear) . Commissioner Forner: I move we amend the West Hill Subarea Plan test as proposed in number 1 on page WH-47. Chair Martinez: Is there a second to that? Commissioner Uhlar-Heffner: I second that. Chair Martinez: Is there discussion? Commissioner Forner: Call for the question. Chair Martinez: All in favor. Commissioners: Aye Chair Martinez: Opposed. (Silence) The last thing we really have to do is make the zoning map amendment to go along with the motion that we want to go with the sites specific recommendation. Commissioner Forner: But we don't have to amend it for single family, we only have to amend it for multifamily. Chair Martinez: That is correct. Commissioner Forner: I move we amend the zoning map for multifamily areas MF01, 02 , and 03 . Commissioner Greenstreet: I second. Chair Martinez: Okay. Is there further discussion? Question. All in favor. Commissioners: Aye Chair Martinez: Opposed. (Silence) Motion carried. Dan Stroh: For clarification of that motion. . .was to amend the zoning map consistent with the item 4 in the staff report which was from the current designations of MRM, MRM and MRH respectively to MRG for all three areas. 31 Kent Planning Commission Minutes August 14, 1989 Chair Martinez: It is designated on WH-48 in the last paragraph on that page. We have a motion that was tabled and we need to bring (unclear) Commissioner Forner: How do we get rid of it? Chair Martinez: How do we get rid of it. Don't you bring it up and kill it? Commissioner Greenstreet: Do you need me to withdraw my motion? I withdraw my motion to accept . . .my tabled motion. Chair Martinez: Thank you. I would entertain a motion to adjourn. (End of Verbatim Minutes) ADJOURNMENT Commissioner Forner MOVED to adjourn the meeting. Commissioner Greenstreet SECONDED the motion. Motion carried. The meeting was adjourned at 9:10 p.m. Respectfully submitted, Jam s P. Harris, Secretary 32