HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 11/24/1997 OYTV OF
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Jim White, Mayor
Planning Department (253) 859-3390/FAX(253) 850-2544
James P Harris, Planning Director
LAND USE & PLANNING BOARD MINUTES
Public Hearing
November 24, 1997
The meeting of the Kent Land Use and Planning Board was called to order by Chair Steve Dowell
at 7 00 p in on November 24, 1997,in Council Chambers of Kent City Hall.
LAND USE & PLANNING BOARD MEMBERS PRESENT:
Steve Dowell, Chair
Brad Bell. Vice Chair
Tom Brotherton
Jerry Daman
Sharon Woodford
David Mark
LAND USE & PLANNING BOARD MEMBERS ABSENT:
Ron Harmon, excused
PLANNING STAFF MEMBERS PRESENT:
James Harris, Planning Director
Fred Satterstrom. Planning Manager
Kevin O'Neill. Senior Planner
Matthews Jackson, Planner/GIS Coordinator
Sarah Bradley, Planner
Pamela Mottram, Administrative Secretary
APPROVAL OF MINUTES
Board member Tom Brotherton MOVED and Jerry Daman SECONDED a motion to approve the
October 27, 1997 minutes. The motion carried.
ADDED ITEMS TO THE AGENDA
None.
COMMUNICATIONS
None.
#ZCA-97-8 WATER TREATMENT FACILITIES
!ZCA-97-9 CHI,RCHLS IN THE M-2 ZOVP
1997 COMPRLHENSIVE PL 4N,1MEA1DA4LVTS CPA-9'-3(A-11),2'P/-9--(1-7)
220 4ch AVENLE SOUTH / KENT W ASHINGTON 98031_-5895/TFEbF'HOAE (253)859-3300
Land Use and Planning Board Minutes
November 24, 1997
Page 2
NOTICE OF UPCOMING MEETINGS
Planning Director Jim Harris announced that the City Council Planning Committee will meet at 3 30
p.m on December 9, 1997 to discuss the Downtown Plan He stated that a Land Use and Planning
Board meeting will not be held in December.
Tom Brotherton MOVED and Jerry Daman SECONDED a motion to open the Public Hearing.
Motion carried.
#ZCA-97-8 WATER TREATMENT FACILITIES - (F. Satterstrom)
Planning Manager Fred Satterstrom explained that the City of Kent needs to improve its water
quality by adding caustic soda to the public water supply He stated that zoning requirements do not
allow for the addition of caustic soda to the water supply nor storage of large volumes of a hazardous
substance "
Mr Satterstrom stated that current zoning at the sites is single family and office. The volume of
storage proposed by the Public Works department is only permitted in industrial zones and then by
conditional use permit Mr Satterstrom stated that the Planning staffs recommendation is to allow
water treatment facilities to be located by conditional use permit throughout the City.
Mr. Satterstrom explained the Planning staffs three alternatives as:
1) exception from the Zoning Code,
2) to create a special zoning district for public facilities, or
3) a conditional use permit.
Mr. Satterstrom stated that Planning staff recommends alternative #3 and that these types of water
facilities be considered as conditional use. A conditional use permit would require a public hearing
and notification of surrounding property owners.
Mr. Satterstrom stated that Planning staff recommends the following amendments:
1)Amending the definition of"Hazardous substance land use facility" (Section 15 02 178) of Kent
Zoning Code by adding the following words at the end "nor the use storage or handling of
hazardous substances in public water treatment facilities"
r
2)Amending the types of uses identified as general conditional uses in Section 15 08 030(B)(1)with
the following words
Includes electrical substations, pumping or regulating devices for the transmission of water
(including public water treatment facilities), gas, steam,petroleum, etc, bus stops, transit stations,
#ZCA-97-8 WATER TREATMENT FACILITIES
4ZCA-97-9 CHURCHES IN TI/F.M-2 ZONE
1997 COMPREHENSIVE PLAN AMEND,AIENTS CPA-97-3(A-H)ICPZ-9 7-(1-7)
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November 24, 1997
Page 3
etc The words enclosed in parenthesis are added. Mr Satterstrom explained by implementing this
change, these types of facilities would become conditional uses and deleted from the definition of
hazardous substance land uses.
City of Kent, Water Superintendent, Brad Lake explained that the City of Kent Water department
and water purveyors throughout the nation have been mandated to reduce the lead and copper uptake
of water systems into drinking water from household plumbing by adding sodium hydroxide to the
water This would raise the pH level of the water and reduce corrosiveness. The 98th Avenue and
104th Avenue locations have been recommended as the best sites for locating the water treatment
facilities.
Brad Bell MOVED and Jerry Daman SECONDED a motion to open the Public Hearing. Motion
carried
There was no public testimony on 9ZCA-97-8 Water Treatment Facilities.
Brad Bell MOVED and Jerry Daman SECONDED a motion to close the Public Hearing. Motion ;
carried
Tom Brotherton MOVED and Brad Bell SECONDED a motion to adopt Alternative #3 to amend
the definition of"hazardous substance land use facility" (Section 15 02 178 )and to amend the types
of uses identified as general conditional uses (Section 15 08 030 (13)(1)), and further recommend to
City Council to amend the Zoning Code to achieve staffs recommendation.
MOTION carried unanimously.
4ZCA-97-9 CHURCHES IN THE M-2 ZONE - (F. Satterstrom)
Mr Satterstrom explained that this proposed regulatory review application was filed with the w
Planing department um October by Johnny Williams of the Word of Praise Ministries. The specific
proposal is to allow churches in the M-2, manufacturing or limited industrial zone. At the present
time the zoning policies of the City of Kent allow churches in all commercial and residential zones
as a special permit use. Churches are allowed in CM- 2 zones, Commercial Manufacturing.
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Mr. Satterstrom stated that the code amendment was changed to allow churches in the CM-2 zone
two years ago At the current time throughout most of the industrially zoned land in the City of Kent
churches are not permitted. Mr Satterstrom explained that this church is located on North Central
where the zoning is split. The building on the property along Central Avenue is commercially
zoned GC The portion of the lot in the rear where two other buildings are located is zoned M2,
Limited Industrial The church occupies a tenancy in part of the building that is M-2 zoned.
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November 24, 1997
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Mr. Satterstrom reiterated that when the City contemplates changing zoning provisions to the M-2
zoning district, it relates to all M-2 zoning within the City of Kent.
Mr Satterstrom stated that within the M-2 zoning district up to 25 %of a development may be used
for business service or industrial service type of uses which are not strictly industrial in nature Mr.
Satterstrom stated that churches. by definition, are not one of these type of businesses under current
zoning policy Mr Satterstrom stated that staff recommends to the board that churches be added as
a special permit use in the M-2 zoning district. As a special permit use, it would be subject to some
restrictions in Section 15 08 of the Zoning Code, specifically in dealing with ingress,egress, site size
and parking.
Brad Bell MOVED and Jerry Daman SECONDED a motion to open the Public Hearing.
Motion carried
There was no public testimony on#ZCA-97-9 Churches in the M-2 Zone.
Brad Bell MOVED and David Malik SECONDED a motion to close the Public Hearing.
Motion carried.
Brad Bell MOVED and David Malik SECONDED a motion to accept the staff s recommendation
to allow churches in the M2 zone as a special permit use. Motion carried
1997 COMPREHENSIVE PLAN AMENDMENTS - (M Jackson)
Planner Matthews Jackson explained that the Comprehensive Plan was adopted in 1995 pursuant to
the Washington State Growth Management Act. The Comprehensive Plan includes eleven elements
including land use, capital facilities, transportation and community design Mr Jackson stated that
one of the requirements is for the plan to remain internally consistent as well as keeping the land use
map and the land use plan consistent with the zoning maps By ordinance, the City is allowed to
update its Comprehensive Plan September 1st of each year excluding the declaration of an
emergency He explained that discussion would follow on several amendment requests.
CPA-97-3(Hl CITY OF KENT -FINANCE DEPARTMENT
Finance Director,Mayene Miller explained that the amendment to the Capital Facilities Element of
the Comprehensive Plan consists primarily of wording and technical corrections, and spoke at
length about the requested changes. Ms Miller stated prior to implementing Growth Management,
Capital Plan needs were adopted without considering financial requirements Growth Management
assures that a plan is in place with a reasonable way to pay for capital facilities.
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November 24, 1997
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Ms Miller stated that the budget of one year ago was $181 million and the current budget is $200
million She emphasized that the largest portion of expense and a major portion of funding to the
City is the Corridor and arterial projects Ms. Miller said that the City has appropriated
approximately $18 million each for storm water and water supply distribution over the next six
years The cost for the corridors and street improvements is estimated at $17 million.
Brad Bell MOVED and Tom Brotherton SECONDED a motion to open the Public Hearing. Motion
carried.
There was no public testimony on CPA-97-3(H) City of Kent - Finance Department.
Brad Bell MOVED and David Malik SECONDED a motion to close the Public Hearing. Motion
carried.
Brad Bell MOVED and Tom Brotherton SECONDED a motion to approve staff s recommendation
for CPA-97-3(H) City of Kent Finance Department Motion carried.
CPA-97-3(A)/CPZ-97-1 ANDERSON AMENDMENT
Planner Sarah Bradley stated that the applicant is requesting to change the land use from Mixed Use
and Gateway Commercial to a land use of Industrial and a proposed zoning designation of M-1,
Industrial Park Ms Bradley stated the property is located at 828 W Valley Highway and consists
of 4.65 acres It is currently occupied by a single family residence and an accessory building.
Properties to the north and east are zoned M-1 and are developed with industrial parks. A gem shop
and a self-storage facility are located adjacent to the property on the south and east, and are zoned
General Commercial The property was originally zoned M-1 in 1977 and rezoned to Gateway
Commercial in 1990 for a 65.800 square foot commercial development
Ms. Bradley explained that the Comprehensive Plan supports industrial land use, as the industrial
area is the core of Kent's employment base The Planning staff recommend approval
Brad Bell MOVED and David Malik SECONDED a motion to open the Public Hearing. Motion
carried
Gary Volchok, 1420 5th Avenue, Suite 1700, Seattle, WA 98101 represents the Andersons in
their request to reverse the zoning of their property back to the original zoned Industrial status of
1977 Originally the owners felt their property would accommodate a commercial development
Therefore, they rezoned the property to GWC, Gateway Commercial and the project never
transpired.
#ZC-97-8 WATER TREATMENT FACILITIES
#ZCA-97-9 CHURCHES LAV THE M-2 ZONE
1997 COMPREHENSIVE PLAN AMENDMENTS CPA-97-3(A-H)/CPZ-97-(1-7)
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November 24, 1997
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Mr. Volchok said the owners understand that GWC zoned property is not a development being
sought after by anybody along the West Valley Highway from Meeker Street north Mr Volchok
stated industrial zoning is located to the north and east and a gem shop to the south of the property.
A five lane road is located in front of the property with heavy traffic flow Volchok explained that
an industrial development would decrease traffic flow Mr Volchok stated that industrial land
availability in the Kent Valley is scarce and this property is a highly sought after piece of land for
industrial uses. He stated that there is no wetlands on the property. Mr. Volchok stated he would
like to see the zoning change in order for development to proceed.
Mr Jackson reiterated that we are considering amendments to the land use plan map as long term
goals for the City, as well as changes to the zoning map in order to implement changes to the plan.
We are looking at non-project actions, not specific projects Mr Jackson explained that the City is
looking at the impacts of industrial vs commercial development to the City's infrastructure as well -
as single family and multifamily development. Mr. Jackson addressed citizen concern regarding
vacancy factors in the City of Kent.
Mr Jackson addressed citizen concern regarding wetlands on the property. Any major development
on the site would require an environmental checklist Through the environmental process, Planning
would investigate the need for a wetland delineation based on a wetlands inventory prepared by a
consulting firm in 1991 Mr Jackson stated that to his knowledge there is no inventoried wetland
on this site.
Ms Bradley responded to the wetland issue by indicating her research shows no wetland on that site.
She further stated that if an environmental checklist is submitted, the City could find the existence
of a wetland
Brad Bell MOVED and Jerry Daman SECONDED a motion to close the Public Hearing. Motion
carried.
Brad Bell MOVED and Tom Brotherton SECONDED a motion to approve staff s recommendation
for CPA-97-3(A)/CPZ-97-1 Motion tamed.
CPA-97-3(B)/CPZ-97-2 SANDERS AMENDMENT
Mr. Jackson stated that the applicant, Ruth Real Estate has applied for a reclassification on the land
use plan map on a 3.68 acre parcel located at 104th Avenue and 262nd Street as part of a greater
project to redevelop the adjacent Kent Hill Plaza Shopping Center. The current land use
designations for this lot are Mixed Use with restricted multifamily on the western half of the
property. The property has split zoning and split land use designation. The eastern portion is
• designated for low density multifamily. The zoning on the western portion is designated Office and
#ZCA-97-8 WATER TREAT MENT FACILMES
#ZC 1-97-9 CHURCIlESIN THEM-2 ZONE -
1997 COAIPREHE�VS1 DE PLAN AMENDMENTS CPA-97-3(A-H)/CPZ-97-(1-7)
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November 24, 1997
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Professional Zoning on the eastern side is designated Garden Density Multifamily, 16 units per acre
maximum density Mr Jackson explained that the applicants are requesting that the entire parcel
be designated Mixed Use and the zoning designation as CC, Community Commercial
Mr. Jackson stated that part of the land as well as a portion of Mill Creek is inventoried wetland.
There is limited potential for new development on the site The location of the wetland on the
northern portion of that site would dictate how the site can be redeveloped All wetlands as well as
50 foot buffers are set aside from development The City's policy is no net loss of wetlands. Under
special circumstances, where a portion of the wetland is filled, a portion of wetland is created to
offset the encroachment It will be the developer's responsibility to submit detailed information
regarding wetlands at the time of development.
Mr Jackson spoke at length about the increase in traffic flow to the site stating that 104th is already
a major arterial in the City of Kent He stated that 262nd and 264th to the south are low capacity
roads Mr Jackson stated there may be regmrements for additional improvements to the right-of-
ways out there One of the policies of the Comprehensive Plan is to encourage redevelopment of
older commercial areas Mr Jackson said that the City would like to see new development in this
area. Staff is recommending that the Board consider this for Mixed Use designation as well as
Community Commercial zoning with the stipulation that the City investigate environmental areas
Brad Bell MOVED and Tom Brotherton SECONDED a motion to open the Public Hearing. Motion
carried
Mr. Bill Ruth, 12410 S.E. 248th, Kent,WA. spoke in favor of Planning staffs recommendation
on this parcel He has been involved with the Kent Hill Plaza Shopping Center since its inception
in 1981 He stated that portions of the shopping center have never been occupied The Kent Hill
Plaza redevelopment is located from the portion of SE 260th to the south. From the Albertsons store
north to Kent Kangley the buildings will remain intact The proposal includes the demolition of
existing buildings (about 90,000 square feet) with the exception of the Virginia Mason Clinic
building located on the corner of 104th and 260th. The proposed usage would be set up as a single
big box user with 100,000 to 120,000 square foot area.
Brad Bell MOVED and Jerry Daman SECONDED a motion to close the Public Hearing Motion
carried
Brad Bell MOVED and Jerry Daman SECONDED a motion to approve staffs recommendation for
#CPA-97-3(13)/9CPZ-97-2. Motion carried
4ZCA-97-8 WATER TREATMENT FACILTTIES
4ZCA-97-9 CH(iRCHES IN THE II-2 ZONE
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November 24, 1997
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CPA-97-3(C)/CPZ-97-3 POLYGON NORTHWEST AMENDMENT
Planning Director James Harris stated that Polygon Northwest had been withdrawn from the public
hearing.
CPA-97-3(D)/CPZ-97-4 SHULMAN AMENDMENT
Mr Lynch submitted a letter from Transportation Planning and Engineering Inc dated 11/6/97 as
exhibit#1 for the record Chair Dowell submitted two letters 1) from the City of Des Moines dated
11/21/97 as exhibit#2 and 2) from Jack Lynch and Associates dated 11/7/97 as exhibit#3 for the
record
Mr Jackson stated that the applicant Mr. Lynch is requesting a designation on the land use plan of
Medium Density Multifamily and a zoning of MRM, Medium Density Multifamily at 23 unit per
acre maximum density He explained that this land consists of five separate parcels totaling 7.5
acres The property is located approximately 700' west of Pacific Highway South on the south side
of the Kent Des Moines Road The existing Comprehensive Plan designation plan for the City of
Kent is Commercial and the corresponding zoning is GC, General Commercial
Mr. Jackson explained that the property is located adjacent to the City of Des Moines The site is
encumbered by wetlands as well as steep slopes He stated that the elevation on the northeast portion
of this site is approximately 335 feet and approximately 285 feet on the western portion. The
wetland area as well as buffers will be set aside Ile stated that the head waters of Massey Creek
flows into the City of Des Moines by way of a drainage system and could potentially require an
additional setback in addition to the setbacks and buffers required for the wetland areas.
Mr. Jackson stated that in 1995 this parcel received a revised Determination of Nonsignificance for
a review of a 32,000 + square foot commercial development to be constructed like the existing
Midway Crossing commercial project located to the southeast of tlus parcel Mr Jackson explained
that commercial development did not progress due to limited access and increased traffic generation
issues
Mr Jackson stated that two multifamily complexes exist in the City of Des Moines One complex
is built at over 30 units per acre and the second complex consists of 40 units per acre A single
family subdivision is located south of the subject property as well as a general variety of businesses
The Seaview Apartments with 19 units per acre are located across Kent Des Moines Road Mr
Jackson explained that if MRM zoning is considered, Planning is looking at the potential for up to
190+ units on the site based on a 23 unit per acre maximum density Mr Jackson further stated the
density is unrealistic for the site, due to its constraints Mr Jackson estimates that 40 to 50% of the
site will never be built on.
#ZCA-97-8 WATER TREA TMENT FA CILITIES
#ZC_1-97-9 CHURCHES IN THEM-2 ZONE
1997 COMPR EIIENS1 VE PLAN AMENDMENTS CPA-97-3(A-H)/CPZ-97-(1-7)
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November 24, 1997
Page 9
An existing single family neighborhood located to the south will be buffered by the existing
wetlands and the native growth located on the back half of that lot
Mr Jackson explained that development will occur along Kent Des Moines Road. The existing
multifamily developments are at a density which is much greater than what is being proposed here.
The nature of Kent-Des Moines Road as an arterial does not lend itself to lower density.
Mr. Jackson said that the City of Des Moines has applied land use designations to this property as
part of its' sphere of influence He stated that City of Des Moines plans call for this site to be a
attached wall, single family townhouse development.
Mr Jackson stated that the City of Kent's MRG zoning designation allows for a single family
residence or a duplex on a lot of 8,500 square feet Mr Jackson explained that MRG designation
is the most appropriate choice due to the amount of wetlands, consideration of neighboring land
uses, constraints applied to this property. He stated this would allow construction of up to 120 units
Mr. Jackson said that Planning staff recommends MRG. Garden Density Multifamily, 16 units per
acre, with a low density multifamily designation. He said that this modifies the applicant's request
for medium density
• Brad Bell MOVED and Tom Brotherton SECONDED a motion to open the Public Hearing. Motion
carried
Jack Lynch, 1001 Northeast Boat Street, Seattle,WA represents property owner, Alex Shulman.
Mr Lynch explained that this was only a preliminary concept for the 8 5 acre site He stated that the
southern half of the site is designated as wetlands and the west 1.1 acres will be left as open space.
Buffers will be located along the southerly and westerly portion of the property
Mr. Lynch stated that the City of Des Moines Comprehensive Plan still retains the area to the west
Y P
of the site as multifamily, 24 units per acre If this site is developed with 130 units, density would
be in the range of 15 to 17 units per acre Mr. Lynch suggested that the City of Kent retain MRM
zoning by means of considering a zoning limitation contract restricting development to a maximum
of 130 units Mr Lynch explained that he has been involved with the Cities of Des Moines and Sea
Tac in establishing common agreements limiting the size and type of development.
3
Board member Sharon Woodward questioned if the main access entrance would be located to the
west Mr Lynch responded affirmatively The east location would be for emergency access only
Board member Tom Brotherton questioned Mr Lynch about a study by the City of Des Moines s
a
indicating high traffic impact to Highway 99 and 516, if a 132 unit complex was to be developed
#ZCA-97-8 WATER TREATMENT FACILITIES
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Mr Brotherton further inquired if the traffic studies were complete Mr. Lynch explained that a
traffic analysis was completed in 1994 for the park proposal and he has requested that the report be
updated relative to the current development. The traffic analysis, submitted to the City of Kent
Planning department included two items 1) the traffic generated from approximately 130 units
would be similar to a 32,000 square foot commercial development and 2) it recommended a left turn
pocket lane to provide access to the site from Pacific Highway South and to allow for flow through
traffic on the west.
Pat Dunham,23223 27th Avenue,Des Moines, WA submitted a letter dated 11/23/97 from herself
for the record as exhibit # 4 She stated that she resides in the Dell Rose Manor single family
dwellings located south of the proposed rezone She met with several developers, the Plamung
department, QFC and Kent Des Moines in 1991 She stated that this area was declared as the
headwaters of Massey Creek. She spoke in length about the sensitive environmental issues
connected with the natural springs flowing through the area. She stated that this is the only
undeveloped portion of land left for water retention and would like to see the streams preserved. She
would like the land to remain commercial.
Ms Dunham asked how Kent will address drainage problems with the City of Des Moines since the =
property is located in Kent. Mr Harris responded by stating that the City of Kent works closely with
QFC and the Public Works department on wetlands and preservation of streams. Mr. Harris
indicated that Kent would work with Des Moines to save Massev Creek.
Patty Muldin, 1615 Kent-Des Moines Road,Kent,WA stated she lives on Kent-Des Moines Road
and is aware of the traffic problems Ms Muldm expressed her desire for single family residential
homes to be developed on Kent-Des Moines Road She stated that she has witnessed some of the
damage that multifamily dwellings can do to impact Kent-Des Moines Road as well as Massey
Creek.
Brad Bell MOVED and David Malik SECONDED a motion to close the public hearing Motion
carried
Brad Bell MOVED and Jerry Daman SECONDED a motion to deny CPA-97-3(D)/CPZ-97-4 with
a three to three tie vote
CPA-97-3 E /CPZ-97-_5 T.M. INVESTMENT AMENDMENT O'Neill)( 1 ME (� )
Board member David Malik excused himself from setting in on this item due to conflict of interest
A letter dated March 5, 1991 from the Kent Kangley Association, Allied Commercial Group and
President of Lakeridge Development was submitted to the record as Exhibit 45. `
#ZCA-97-8 WATER TREATMENT FACILITIES
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Senior Planner, Kevin O'Neill submitted a letter dated November 24, 1997 from Randy and Marcie
Judkms, landowners, to the record, as Exhibit #6.
Senior Planner Kevin O'Neill stated that this application is a request to change the land use and
zoning designation from Single Family Residential/6 units per acre to Commercial with a zoning of
Neighborhood Community Commercial The property consists of approximately two acres and is
located at 11605 Kent Kangley Road at the southeast corner of Kent Kangley Road and 116th
Avenue Southeast This is the northern terminus of the 277th corridor project. The parcel
immediately to the east is zoned NCC, Neighborhood Convenience Commercial. An apartment ,
project and three single family residences are located directly to the west The Lmdental Subdivision
is located to the south. A single family development is located to the east and north. A day care
center is located on the northwest corner of the intersection.
Mr O'Neill stated that parcels immediately to the south of the development are owned by the City
of Kent He stated the City purchased those parcels for storm water retention as part of the 277th
Corridor project. Mr O'Neill said the applicant is requesting NCC, Neighborhood Convenience
Commercial as this is a busy intersection and will become more congested upon completion of the
277th Street Corridor project
Mr O'Neill told the Board that in December 1993 the City Council passed a resolution that lands
adjacent to the corridor would remain zoned as single family to ensure that the Corridor project
would not be a means for promoting commercial or strip commercial development along the corridor
route
b
City of Kent Engineer, Gary Gill stated that the City is currently involved in one of many design
phases for the corridor project and is anticipating moving forward on the right-of-way acquisition
portion of this project He explained that a lane configuration would provide a double right turn lane
onto Kent Kangley Road from 116th Avenue Southeast and a dual left turn lane heading southbound
from Kent Kangley onto 116th. The design estimate would require an additional 31 5 feet for the
widening of 116th
Mr Gill spoke at length about access being a critical design review issue He stated that access to
the site would be restricted to right turns only He stated that Public Works has purchased all the
property to the north of Southeast 264th Place for stormwater retention facilities, and possibly a road
extension as an alternative means of access
Mr. Gill stated that the Public Works department is recommending that deeding of the additional
right-of-way for the 277th Corridor project should be a required condition of the zoning upgrade if
t
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Page 12
the land use change is approved. He said the Public Works department does not recommend
changing zoning from single family residential to commercial.
Vice Chair Brad Bell questioned what power the City Council's resolution holds. Mr Harris stated
that a resolution is a legal decision with the power to implement a plan In essence, a becomes law.
Further discussion ensued regarding the definition of resolutions and ordinances.
Chair Dowell questioned where the corridor project begins and how much of the corridor area is
involved in this request Discussion took place defining the location of the corridor project,
including the portion of corridor pertaining to this request. Mr. Gill spoke in length about the
Growth Management Act. Mr Gill voiced concern that if Single Family zoned property is rezoned
to commercial,the level of service standard the City is trying to achieve will be overturned. More
traffic will be generated, therefore, creating greater impact on existing arterials
Mr. Bell asked for clarification on the trap generation concept Mr White defined trap generation
as - every land use has potential for vehicular flow to and from any future development Mr White
stated that trip generation is a function of the type ol'development that is planned or currently active
on the site "The Institute of Transportation Engineers Trip Generation Manual" is a compilation
of studies from all over the country on a number of different uses,taking into consideration the size
and types of activities related to those uses. Mr White explained that this manual is referenced for
specific trip rates or traffic that as actually traveling to and from the property
Transportation Engineer, Ed White spoke at length about trip generation impacts to the area.
Brad Bell asked Mr White to clarify if trip generation to and from an area depends on the type of
use Mr White indicated that, as an example, at the time of development, Lake Meridian
Marketplace was near the eastern boundary of the City. Mr. White stated that a traffic study
indicated that the development would serve only the local neighborhood He said a local survey
proved they were servicing an area in access of five miles.
Chair Dowell asked Mr White if he could approximate the quantity of traffic traveling on Kent
Kangley at the 116th intersection. Ed White stated that Traffic Engineering is looking at between
25,000 to 30,000 vehicles per day on Kent Kangley and approximately 30,000 to 40,000 vehicles
per upon completion of the corridor
Mr. White spoke in length regarding vehicular impact and congestion to the subject area.
•
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Brad Bell asked that when the corridor is completed, and the expected trip generation from both
arterials creates a highly congested intersection, would a permit still be issued Mr. White explained
that the decision to accept or deny a proposal is based on other factors in addition to safety.
Ms Woodford observed that when a permit is approved, more consideration is taken to the wetlands
than to safety Mr White stated that he felt it was more a function of what the City codes and
policies are at this point and he stated that more environmental concerns then safety concerns are
codified Mr White emphasized that safety is important and there are mechanisms available to
resolve those issues. Gary Gill stated that any development proposal submitted to the City is
scrutinized as to accessibility on that site Mr Gill explained that given the constraints of the
property, access will be located as far from the intersection as possible while restricting the number
of access points to right-in and right-out turns only, minimizing potential accidents. Discussion
ensued as to where to locate entrance points on the property.
Brad Bell asked about the amount of land available for development after the land for the corridor
was dedicated Mr Gill stated that about one-third of an acre will be used for the corridor out of an
original site of two acres.
Brad Bell MOVED and Tom Brotherton SECONDED a motion to open the public hearing Motion ==a
carried
Martin Durkin Jr., 330 SW 43rd Street, Suite 357, Renton,WA represents Mr John Titus, the
developer and co-owner of the property He addressed three issues:
• The suitability of the property for commercial development and if Kent's Comprehensive Plan
will support that change.
• Does any prior agreement by the County Council, the Roads Division or the City of Kent
preclude the Planning Commission from recommending commercial zoning on this property.
• Can the Planning Commission recommend to the Council commercial zoning on this property
that would properly mitigate the concerns raised by the Planning Department and the Public
Works Department
5
Mr Durkin stated that the Planning staffs report indicates that this property is not suitable for
residential development, due to 40,000 cars traveling that route daily Mr. Durkin stated that
commercial, industrial, multifamily development, recreation centers and other uses that generate
high levels of traffic should be located in designated activity centers around intersections of principal
and minor arterials, and around freeway interchanges Mr Durkin stated that this land is not a rural
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area and that it has been located on Kent Kangley the entire time. He stated that the road agreement
between the County and the City of Kent does not mention an agreement disallowing commercial
development on that property or any other property. Mr Durkin said that the City Council adopted
Resolution- #1379 in December 1993 Section 4 states "the City Council anticipates that in accord
with the City's East Hill Plan, it will designate single family zoning for property adjacent to or
affected by the corridor "Mr Durkin stated in 1995 the City Council accepted the annexation of the
Ramstead Property after the resolution was passed and the property to the east was given a
commercial designation. Mr Durkin said this designation did not violate the resolution because the
City Council anticipated that under most circumstances, on most zoning decisions, they are going
to issue residential zoning Mr Durkin stated that commercial zoning will be issued where
warranted.
Mr Durkin referred to the City's Comprehensive Plan,quoting from the Land Use Element Section;
Goal LU-12 , Policy LU-13 3 and LU-13 5. He stated that the land is located adjacent to a selective
right-of-way with adjoining commercial uses. He stated that gas stations, mini-marts and deli
oriented facilities act as magnets and do not create high generations of traffic He further stated that
commercial use on the property will not impact the level of service to the surrounding neighborhood
Mr. Durkin spoke at length about the cost factors involved with the right-of-ways. He expressed
his opinion on driveway criteria for the area, including exploring joint use driveways.
Sharon Woodford asked Mr Durkin if he was proposing a service station at this location Mr.
Durkin answered affirmatively, stating that this type of development would have the lowest impact
in the area.
Mike Wineek, 1665 NW Sherwood Drive, Bremerton, WA is representing the applicant as a
professional traffic engineer He stated that traffic would increase if commercial development is
placed on this property He defined traffic as either a"primary" or a"passerby"type generator He
cited primary facilities as bowling alleys, theaters, etc where people travel specifically to that
location, whereas a"passerby generator is when you are already in the traffic stream looking for a
convenience store, gas station etc.
Mr. Wmeck stated that as a commercial site, one of the approaches could be moved quite a distance
from the actual intersection and beyond the extra lanes for the turning movement. He explained that
in order to decrease traffic congestion at the site you must evaluate how much new traffic is
generated and where the complex is going to be placed on the property Mr. Wmeck explained that
a commercial site at this location will allow for better control in configuring the approaches He said
that a commercial site located at an intersection lends itself to convenience store, high visibility type -
commercial applications.
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Steven Parrott, 11735 Ridge Rim Trail, Port Orchard, WA a licensed professional engineer,
represents the property owner, Mr Titus He spoke of his concerns about homes located on Kent
Kangley with the high volume of traffic and no available front street parking He reiterated that
commercial development will be the best choice from a safety standpoint He spoke in length about
access options Mr. Parrott stated that the owner is interested in developing this property in
concurrence with City input in order to control the type of developments and the type of traffic
generated by following the guidelines in the City of Kent design manuals. Mr. Parrott stated that
access control should be handled as a permit issue and is not applicable to a zoning issue
Rich Hendrickson, 10611 SE 293rd Street,Auburn,WA asked Mr Durkin for the current zoning
and lot size for the two lots located to the east of the property Mr Durkin stated that the property
is zoned SR-6 and the subject property combined with the commercial property to the east is 4 4
acres
Board member Jerry Daman stepped down due to conflict of interest.
Dennis D'Ambrosio, 11619 SE 265th Place, Kent, WA is concerned about this property being
rezoned as commercial since he sees it as a pocket surrounded by single-family residents and one
multifamily residence area. He voiced concern that there were already a high number of
convenience stores and gas stations on Kent Kangley He stated that the area would not benefit from
another facility of the same nature. He spoke about increased traffic congestion on 116th He stated
that the layout of the land would be benefit as a park and ride lot.
Brad Bell MOVED and Sharon Woodford SECONDED a motion to close the public hearing.
Motion carried.
Mr O'Neill stated that City Council did not intend to have additional commercial development
along this stretch of the road.
Chair Dowell stated he was in favor of the applicant's request for Neighborhood Commercial in the
NCC zone with the provisions that they donate the right-of-way for the 277th Street corridor as a
condition of the recommendation with inclusion of right-turn only.
Mr O'Neill stated that Planning staff does not recommend a change. Mr O'Neill stated if the
decision is made to change the plan and zoning designation, a condition be added which states
"that as a condition of rezoning the subject property, the owner shall deed that portion of the
property necessary as public right-of-way for the widening and improvement of 116th Avenue
Southeast and Kent Kangley Road as planned by the City of Kent in conjunction with the South
277th Street Corridor Protect "
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Mr. Dowell asked if the revision would include right turns only. Mr O'Neill stated that right-in and
right-out is more of a design constraint Mr Bell stated that the only change he would make would
be "as a condition of rezoning the property to commercial Mr O'Neill concurred with Mr
Bell's suggested change to the wording.
Brad Bell MOVED and Sharon Woodford SECONDED a motion to approve staff s recommendation
for CPA-97-3(E)/CPZ-97-5 with the amended word changes. Motion carried.
CPA-97-3(F)/CPZ-97-6 CLASEN/DINSDALE AMENDMENT
Mr Jackson submitted a letter dated November 21, 1997 from Stephany Bruell, Management
Consultants to the record.
Mr. Jackson stated this application includes four separate tax parcels totaling 53.5 acres. The
property is located west of 132nd between 282nd Street and SE 276th Street The current land use
designations of this property are Single Family Residential/3 units per acre with a zoning map
designation of SR-3/3 71 units per acre Mr. Jackson stated that to the south there is an area
designated as SF-1/1 unit per acre, a portion of property to the west is designated as SF-1/1 unit per
acre and SF-3/3 units per acre The east, north and a portion of the west side is designated as SF-6/6
. units per acre The property to the north, a portion of the west and all of the east is designated as SR-
6/6 05 units per acre Property to the south is zoned SR-1/1 unit per acre, single family residential.
Mr Jackson discussed the wetland issues in connection with this property He stated that Soos
Creek runs through the property and in 1996 the City of Kent adopted the Soos Creek Drainage
Basin Plan from the County A creek can have either a 50 or 100 foot setback measured from the
ordinary high watermark Wetlands typically have a 50 foot buffer This is one of the larger
wetland body's of land in the City Mr Jackson explained that the proposal is to change the zoning
to allow for Single Family ResidentiaU6 units per acre and the zoning to SR-6 at 6 0 units per acre.
Approximately 27 of the 53 acres is developable
Mr Jackson stated that this area has been underserved with facilities. He explained that one reason
this area has not been developed to a higher density is the limitations on existing sewer and water
services There is significant cost in extending these services to the edge of the City. Mr Jackson
stated that there is no way to build cohesive connected development on this property based on
location of the wetlands Mr Jackson explained that the dry portion on the northeast corner is
accessible through the subdivision to the north which is developed at 6 units per acre cinder previous
county designations The dry area on the west side would be accessible off of the existing 278th
artery Mr Jackson said that in considering the applicant's request for the higher density
designation, there is reluctance to rezone to multifamily.
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Mr. Jackson said that the City is mandated to accommodate a certain amount of growth through the
Growth Management Act One of the ways is to allow for more flexibility for single family
development. Mr. Jackson explained that with SR-6 zoning you still have a density of about 7200
square foot average lot size across the property The subdivisions on West Hill. Scenic Hill and the
majority of the East Hill area are zoned SR-6. Mr. Jackson stated that SR-6 is the predominate
residential zoning to the City of Kent and a typical suburban, subdivision type zoning
Mr. Jackson explained that one of the goals of the City is to develop properties at a density that is
conducive to providing urban services Mr Jackson explained that the staff has been using a
designation of four units per acre as a minimum to meet the criteria to provide those services Even
at SR-6 zoning the 53 5 acres is likely to develop at over three units per acre. Planning staff feels
that SR-6 zoning is consistent with surrounding zoning Mr Jackson stated that increasing the
zoning may not be in the best interest of impacting the wetland by decreasing lots to 4,000 square
feet in a higher density situation for single family SR-6 and a comprehensive plan designation of
SF-6 are consistent with development around this property. Mr. Jackson said that the wetland and
the creek will be buffered and preserved Planning Staff recommends approval of the applicant's
request for SF-6 designation and SR-6 zoning based on this criteria
Brad Bell MOVED and Tom Brotherton SECONDED a motion to open the public hearing Motion
carried.
Mr.Terry Ferguson, 1910 64th Avenue West,Tacoma,WA represents the proponents. He stated
this parcel of land represents a proposed subdivision that stretches to 144th Utilities are provided
by Soos Creek Sanitary Sewer He stated that they are working with Soos Creek for a lift station to
service the basin and Water District 111 Mr Ferguson stated that an accurate lot count is necessary
in order to implement infrastructure changes. He stated that this is the primary reason for the rezone
request.
Mr. Don Klassen, 13602 Southeast 282nd Street, Kent, WA asked Mr Ferguson how access
would be provided to a specific portion of the property Mr Ferguson stated that the portion of
property under question is not part of the proposed development plans and that it will remain
undeveloped Mr. Klassen questioned if access to the lower portion of the property would run
through 282nd Street Mr Ferguson answered affirmatively Mr. Klassen asked that as a result of
these improvements by the developer, who incurs the cost of putting in the sewers and the roads.
Mr Ferguson stated that the bulk of the infrastructure cost is borne by the developer Mr. Klassen
questioned if the development and the proposed density would impact his adjoining property and
how this issue would be mitigated.
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Chair Dowell explained to Mr. Klassen that questions of mitigation have to be addressed by the
developer before the property can be developed He stated that the Board will make a
recommendation to the Council as to the applicant's request for a zoning amendment and informed
Mr Klassen that his questions, although pertinent, need to be addressed at a different time
Mr Jackson stated that this is a non-project action He informed Mr Klassen that as a neighboring
property owner he would be notified of any public hearings for a subdivision. Mr Jackson stated
that Mr. Klassen would have opportunity to speak on conditions for future plat development on this
property.
Mr. Joel Kwakenat, 13639 Southeast 282nd Street,Kent, WA stated that he resides southwest
of the proposed rezone area He stated that changing zoning from SF-6 to SF-1 is inconsistent
zoning and not fair to the residents still zoned SF-1 Water run-off from this developed area will
flow directly into the feeder stream, designated by the State to be a salmon bearing stream.
Chair Dowell explained to Mr Kwakenat that his issues would be answered at the time of approval
for any development Mr Kwakenat expressed concern about encroachment to the wetlands and
how well the development would be controlled He explained that on 282nd Street, the County's
improvement area ends with no deeded access to the southern portion of the property from the west.
Chair Dowell responded to the sensitive land issues by stating that the City is reputed to be strict on
sensitive areas
Brad Bell MOVED and David Malik SECONDED a motion to close the public hearing Motion
carried
Brad Bell MOVED and Jerry Daman SECONDED a motion to recommend approval of staffs
recommendation for CPA-97-3(F)/CPZ-97-6 Motion carried.
CPA-97-3(G)/CPZ-97-7 SINKULA AMENDMENT
Mr O'Neill stated that this is a request to change the land use map designation from Single Family
Residential/6 units per acre to commercial and the zoning map designation from SR-6 to
Neighborhood Community Commercial The property is located at the northwest corner of Kent
Kangley and 124th and is approximately 16,000 square feet in size
Mr O'Neill stated that this land was annexed into the City as part of the Meridian Area Annexation
and zoned in 1995 as R1-7200, now SR-6 The Comprehensive Plan designation assigned at that
time was SF-6 The area surrounding the parcel in question is zoned SR-6 with existing commercial
uses surrounding the area Mr O'Neill stated that many of the comprehensive plan policies that Mr.
• Durkin cited are applicable to this request The Comprehensive Plan promotes mfill of existing
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commercial areas as opposed to establishing new ones Mr. O'Neill said that Planning staff does not
recommend zoning only one parcel at an intersection for commercial use. Land use changes should
be completed on an area wide basis. Planning staff recommends dental.
Chair Dowell questioned Mr O'Neill about the viability of rezoning such a small parcel. Mr.
O'Neill stated that the NCC, Neighborhood Convenience Commercial District designation places
more constraints on development of small parcels. Mr O'Neill concurred with Chair Dowell that
the property is sloped on the south side He stated that this would not inhibit development Chair
Dowell questioned if the surrounding commercial sites were -legal, nonconforming" Mr O'Neill
stated that the sites would be considered"legal,nonconforming"DiLly if they were legally established
to begin with He stated that the sites would be "nonconforming" if zoning had changed since the
property was legally established.
Mr O'Neill said that in his research he was not aware of a history of commercial zoning in the area
and that his research took him back prior to the Soos Creek zoning in the area He determined that
the property had always been zoned as single family residential
Brad Bell MOVED and Jerry Daman SECONDED a motion to open the public hearing Motion
• carried.
R.C. Lynn, 26414 124th Avenue Southeast, Kent, WA stated he has lived near the intersection
for seven years and is concerned about safety. He said that he has witnessed over 100 accidents per
year at this location Mr Lynn explained that the City has posted a notice to discourage people from
parking their cars in the vacant lot. He does not favor commercial zoning for this area.
Michael Harvey,26435 124th Avenue Southeast,Kent, WA stated that he resides directly behind
the proposed commercial site. He explained that a slope on the site would abut up to his property
line once it was graded He stated that he would like to see the property remain single family
residential
David Tilser,26462124th Avenue Southeast,Kent,WA stated that he resides east of the property
on 2 1 acres He feels the property is best suited for low density zoning, such as a doctor or dental
office Mr Tilser stated that the 124th street intersection needs to be considered during the
development of 116th street His house overlooks the 124th street intersection and he has observed
three accidents per week at that location. Mr Tilser said he recommends improvement
considerations for that intersection as well.
Brad Bell MOVED and Tom Brotherton SECONDED a motion to close the public hearing Motion
• canted.
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Board member Brad Bell stated that it is impractical to develop a 16,000 square foot parcel of land
for commercial use and the adjoining property owners have voiced their objections
Tom Brotherton MOVED and Brad Bell SECONDED a motion to accept staff s recommendation
to retain single family residential and deny CPA-97-3(G)/CPZ-97-7.
ELECTION OF OFFICERS
Chair Dowell opened the meeting for nominations.
Chair Dowell NOMINATED and David Malik SECONDED a motion to appoint Brad Bell to the
position of Chairman. Brad Bell accepted
Brad Bell NOMINATED and David Malik SECONDED a motion to appoint Jerry Daman to the
position of Vice Chan Jerry Daman declined.
David Malik NOMINATED and Tom Brotherton SECONDED a motion to appoint Sharon
Woodford to the position of Vice Chair Sharon Woodford accepted
• Steve Dowell MOVED and David Malik SECONDED a motion for a unanimous ballot for the
positions of Chair and Vice Chair.
Mr Harris thanked Mr Brotherton for his tenure with the Land Use and Planning Board and wished
him well on his future endeavors
ADJOURNMENT
Steve Dowell MOVED and Brad Bell SECONDED a motion to adjourn. Motion carried. The
meeting adjourned at 10:30 p.m.
Respectfully Submitted,
Ja e P Harris
ecretary
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