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HomeMy WebLinkAboutCity Council Committees - Planning and Economic Development Committee - 03/08/1993 KENT PLANNING COMMISSION MINUTES March 8, 1993 The meeting of the Kent Planning Commission was called to order by Chair Martinez at 7: 00 pm on March 8, 1993 in the Kent City Hall, Chambers West. PLANNING COMMISSION MEMBERS PRESENT: Linda Martinez, Chair Gwen Dahle Albert Haylor Edward Heineman, Jr. Kent Morrill Kenneth Dozier Raymond Ward PLANNING COMMISSION MEMBER ABSENT: Christopher Grant PLANNING STAFF MEMBERS PRESENT: James P. Harris, Planning Director Fred Satterstrom, Planning Manager Chris Holden, Recording Secretary APPROVAL OF FEBRUARY 22 , 1993 MINUTES MOTION MADE and SECONDED to accept the February 22 , 1993 minutes as presented. MOTION CARRIED. CRITICAL AREAS #CPA-91-1 AND #ZCA-91-3 (continuation of hearing from February 22 , 1993 . Chair Martinez briefly reviewed the hearing of February 22 , 1993 . Commissioner Morrill mentioned that his motion of February 22, 1993 was to go through the subcommittee's document and vote on it section by section. He felt it was a duplication of effort after having voted on the document section by section to vote on it in its entirety. Chair Martinez explained it was her understanding that after voting for each section, the Commission would then have an opportunity to look at the entire document and approve it to go to City Council. Commissioner Haylor understood that there were two documents still being considered; the original wetland document (September 1992) and the subcommittee document (January 1993) now under consideration. 1 Planning Commission Minutes March 8, 19 V47 Chair Martinez stated Section 12 is now under consideration. MOTION made and SECONDED that Version B be approved as written. A request was made for an explanation of the subcommittee's draft. Commissioner Heineman briefly summarized the major points of Section 12. Both A and B recognize low-quality wetlands which would be classified as Category 3 except they are larger than one acre in size. Version A would allow filling, with mitigation, of up to 10,000 square feet including any fill that has been placed since January 1, 1991. It also allows fill of up to 2 , 000 square feet before development of a single family residence with mitigation by fee if a City of Kent mitigation bank exists. Version B would allow up to 20, 000 square feet of fill with mitigation which does not include any previous fill. In addition, it would need to be demonstrated that the basic purpose of the project cannot be accomplished with less adverse impact AND a Department of Ecology Water Quality Certificate allowing filling from 20, 000 square feet to 1.99 acres with mitigation. Commissioner Heineman commented he preferred the smaller fill. However, he is opposed to the allowing of fill of up to almost two acres. In addition, the part of Version B showing, "upon demonstration that the basic purpose of the project cannot be accomplished with less adverse impact, " does not make sense, because any project could show that. Therefore, he was opposed to Version B. MOTION DEFEATED, four to three. MOTION made and SECONDED to approve Version A as written. MOTION CARRIED. Two abstentions. Commissioner Heineman commented that Section 13, the committee had felt it was appropriate to simplify the percentage formulas and adjusted the density credit accordingly. MOTION made and SECONDED to approve Section 13 as submitted. MOTION CARRIED. MOTION made and SECONDED to approve Section 14 as submitted. MOTION CARRIED. MOTION made and SECONDED to approve Section 15 as submitted. MOTION CARRIED. 2 Planning Commission Minutes March 8, 1992'I MOTION made and SECONDED to approve Section 16 as submitted. MOTION AMENDED to approve Section 16, A, B and C only. MOTION CARRIED. MOTION made and SECONDED to approve the rest of Section 16 as submitted. A request for explanation of Section 16 D was made. Commissioner Heineman briefly explained the intent of the ratios. He expounded that giving the different combinations would allow more flexibility and combinations in the creation of wetlands for different sites. Furthermore, the developer would have an option in creating the combination. Chair Martinez thought that Category 1 wetlands could not be altered. Commissioner Heineman replied that was correct. The 3 : 1 refers to the enhancement of existing wetlands of lower quality; two' s and three's. Chair Martinez stated that the draft says, " . . .compensation for alteration of Category 1 wetlands shall be accomplished as follows: . . . " . She repeated that she thought that Category 1 could not be altered. Commissioner Heineman commented that it was probably an error. He believed that it does say elsewhere that Category I wetlands shall not be altered. Chair Martinez commented she would be adamantly opposed to any alteration of Category i wetland as shown in Section D. a. 1 through 3. Mr. Satterstrom commented it was his understanding that this section was placed in the ordinance in case Category 1 wetlands were allowed to be altered. It was pointed out there was only one Category 1 wetland in the Kent area and that was the Lagoons. Furthermore, the Ordinance does allow the filling of Type 1 wetlands but it would be very difficult. Version A, which was just adopted, states, "regulated activities shall not be authorized in a wetland except as can be demonstrated that the impact is both unavoidable and necessary" , as well as listing other criteria that must be met. In the event that someone did complete the requirements, the ratios in this section would be used. 3 Planning Commission Minutes March 8, 199�Z3 MOTION MADE and SECONDED to Table Section 16 D. MOTION TO TABLE IS DEFEATED. MAIN MOTION TO APPROVE REST OF SECTION 16 FAILS FOR LACK OF MAJORITY. THREE FOR/THREE AGAINST/ONE ABSTENTION MOTION MADE and SECONDED to accept Section 17 as it appears. MOTION CARRIES. MOTION MADE and SECONDED to accept Section 18 with Section B stricken. MOTION CARRIES. MOTION MADE and SECONDED to accept Section 19 as it appears. MOTION CARRIES. MOTION MADE and SECONDED to accept the recommended deletion of Sections 20, 21 and 22 AND accept Section 23 which will be renumbered to Section 20 as it appears. MOTION CARRIES. MOTION MADE and SECONDED to accept Section 24 to be renumbered as Section 21 as it appears. A friendly amendment to Section B of 24, was made to read, the Director's delineation decision MAY be appealed. MOTION CARRIES WITH AMENDMENT. MOTION MADE and SECONDED to accept new Section 22 as it appears. MOTION CARRIES. MADE and SECONDED to accept new Section 23, Effective Date, as it appears. MOTION CARRIES. Chair Martinez commented the document that has been approved by the Planning Commission has no mitigation and very little direction given to the Planning Department. A motion is needed to accept this document. Commissioner Dahle made a MOTION to make no decision and submit both drafts to the City Council. Motion SECONDED. MOTION DEFEATED. MOTION MADE and SECONDED to consider the second part of Section 16 D that was defeated. MOTION WITHDRAWN. MOTION MADE and SECONDED to accept draft document as revised in it's entirety as voted on section by section. MOTION CARRIED. MOTION MADE and SECONDED to have original document (September 1992) be submitted to the City Council for consideration. MOTION CARRIED. 4 Planning Commission Minutes March 8, 19* Commissioner Ward asked that a resolution go to City Council with the history of the wetland drafts. MOTION MADE and SECONDED to have a resolution sent to the City Council to give the history of the wetland regulations drafts. MOTION CARRIED. MOTION MADE and SECONDED TO CLOSE THE HEARING. MOTION CARRIED. The hearing was closed at 8:30 p.m. Respectfully submitted, Ja s . Harris, Secretary pca pcmm3 8 5 THE PLANNING COMMISSION HAS NOT HAD A MEETING SINCE MARCH 8, 1993 ; THEREFORE, THESE MINUTES HAVE NOT BEEN APPROVED. FOR INFORMATION ONLY KENT PLANNING COMMISSION MINUTES March 8, 1993 The meeting of the Kent Planning Commission was called to order by Chair Martinez at 7: 00 pm on March 8, 1993 in the Kent City Hall, Chambers West. PLANNING COMMISSION MEMBERS PRESENT: Linda Martinez, Chair Gwen Dahle Albert Haylor Edward Heineman, Jr. Kent Morrill Kenneth Dozier Raymond Ward PLANNING COMMISSION MEMBER ABSENT: Christopher Grant PLANNING STAFF MEMBERS PRESENT: James P. Harris, Planning Director Fred Satterstrom, Planning Manager Chris Holden, Recording Secretary APPROVAL OF FEBRUARY 22 , 1993 MINUTES MOTION MADE and SECONDED to accept the February 22 , 1993 minutes as presented. MOTION CARRIED. CRITICAL AREAS #CPA-91-1 AND #ZCA-91-3 (continuation of hearing from February 22 , 1993 . Chair Martinez briefly reviewed the hearing of February 22, 1993 . Commissioner Morrill mentioned that his motion of February 22 , 1993 was to go through the subcommittee's document and vote on it section by section. He felt it was a duplication of effort after having voted on the document section by section to vote on it in its entirety. Chair Martinez explained it was her understanding that after voting for each section, the Commission would then have an opportunity to look at the entire document and approve it to go to City Council. 1 Planning Commission Minutes March 8, 1992 Commissioner Haylor understood that there were two documents still being considered; the original wetland document (September 1992) and the subcommittee document (January 1993) now under consideration. Chair Martinez stated Section 12 is now under consideration. MOTION made and SECONDED that Version B be approved as written. A request was made for an explanation of the subcommittee's draft. Commissioner Heineman briefly summarized the major points of Section 12. Both A and B recognize low-quality wetlands which would be classified as Category 3 except they are larger than one acre in size. Version A would allow filling, with mitigation, of up to 10,000 square feet including any fill that has been placed since January 1, 1991. It also allows fill of up to 2 , 000 square feet before development of a single family residence with mitigation by fee if a City of Kent mitigation bank exists. Version B would allow up to 20, 000 square feet of fill with mitigation which does not include any previous fill. In addition, it would need to be demonstrated that the basic purpose of the project cannot be accomplished with less adverse impact AND a Department of Ecology Water Quality Certificate allowing filling from 20, 000 square feet to 1.99 acres with mitigation. Commissioner Heineman commented he preferred the smaller fill. However, he is opposed to the allowing of fill of up to almost two acres. In addition, the part of Version B showing, "upon demonstration that the basic purpose of the project cannot be accomplished with less adverse impact, " does not make sense, because any project could show that. Therefore, he was opposed to Version B. MOTION DEFEATED, four to three. MOTION made and SECONDED to approve Version A as written. MOTION CARRIED. Two abstentions. Commissioner Heineman commented that Section 13 , the committee had felt it was appropriate to simplify the percentage formulas and adjusted the density credit accordingly. MOTION made and SECONDED to approve Section 13 as submitted. MOTION CARRIED. MOTION made and SECONDED to approve Section 14 as submitted. MOTION CARRIED. 2 Planning Commission Minutes March 8, 1992 MOTION made and SECONDED to approve Section 15 as submitted. MOTION CARRIED. MOTION made and SECONDED to approve Section 16 as submitted. MOTION AMENDED to approve Section 16, A, B and C only. MOTION CARRIED. MOTION made and SECONDED to approve the rest of Section 16 as submitted. A request for explanation of Section 16 D was made. Commissioner Heineman briefly explained the intent of the ratios. He expounded that giving the different combinations would allow more flexibility and combinations in the creation of wetlands for different sites. Furthermore, the developer would have an option in creating the combination. Chair Martinez thought that Category 1 wetlands could not be altered. Commissioner Heineman replied that was correct. The 3 : 1 refers to the enhancement of existing wetlands of lower quality; two's and three's. Chair Martinez stated that the draft says, " . . .compensation for alteration of Category 1 wetlands shall be accomplished as follows: . . . " . She repeated that she thought that Category 1 could not be altered. Commissioner Heineman commented that it was probably an error. He believed that it does say elsewhere that Category I wetlands shall not be altered. Chair Martinez commented she would be adamantly opposed to any alteration of Category 1 wetland as shown in Section D. a. 1 through 3 . Mr. Satterstrom commented it was his understanding that this section was placed in the ordinance in case Category 1 wetlands were allowed to be altered. It was pointed out there was only one Category 1 wetland in the Kent area and that was the Lagoons. Furthermore, the Ordinance does allow the filling of Type 1 wetlands but it would be very difficult. Version A, which was just adopted, states, "regulated activities shall not be authorized in a wetland except as can be demonstrated that the impact is both unavoidable and necessary", as well as listing other criteria that must be met. In the event that 3 Planning Commission Minutes March 8, 1992 someone did complete the requirements, the ratios in this section would be used. MOTION MADE and SECONDED to Table Section 16 D. MOTION TO TABLE IS DEFEATED. MAIN MOTION TO APPROVE REST OF SECTION 16 FAILS FOR LACK OF MAJORITY. THREE FOR/THREE AGAINST/ONE ABSTENTION MOTION MADE and SECONDED to accept Section 17 as it appears. MOTION CARRIES. MOTION MADE and SECONDED to accept Section 18 with Section B stricken. MOTION CARRIES. MOTION MADE and SECONDED to accept Section 19 as it appears. MOTION CARRIES. MOTION MADE and SECONDED to accept the recommended deletion of Sections 20, 21 and 22 AND accept Section 23 which will be renumbered to Section 20 as it appears. MOTION CARRIES. MOTION MADE and SECONDED to accept Section 24 to be renumbered as Section 21 as it appears. A friendly amendment to Section B of 24, was made to read, the Director's delineation decision MAY be appealed. MOTION CARRIES WITH AMENDMENT. MOTION MADE and SECONDED to accept new Section 22 as it appears. MOTION CARRIES. MADE and SECONDED to accept new Section 23 , Effective Date, as it appears. MOTION CARRIES. Chair Martinez commented the document that has been approved by the Planning Commission has no mitigation and very little direction given to the Planning Department. A motion is needed to accept this document. Commissioner Dahle made a MOTION to make no decision and submit both drafts to the City Council. Motion SECONDED. MOTION DEFEATED. MOTION MADE and SECONDED to consider the second part of Section 16 D that was defeated. MOTION WITHDRAWN. MOTION MADE and SECONDED to accept draft document as revised in it's entirety as voted on section by section. MOTION CARRIED. 4 Planning Commission Minutes March 8, 1992 MOTION MADE and SECONDED to have original document (September 1992) be submitted to the City Council for consideration. MOTION CARRIED. Commissioner Ward asked that a resolution go to City Council with the history of the wetland drafts. MOTION MADE and SECONDED to have a resolution sent to the City Council to give the history of the wetland regulations drafts. MOTION CARRIED. MOTION MADE and SECONDED TO CLOSE THE HEARING. MOTION CARRIED. The hearing was closed at 8: 30 p.m. Respectfully submitted, (Jam s P. Harris, Secretary pca•pcmm3 8 5