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HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 12/14/1998 CITY OF J$rSSV Jim White, Mayor gin partment (253) 859-3390/FAX(253) 850-2544 James P Harris, Planning Director LAND USE & PLANNING BOARD MINUTES Public Hearing December 14, 1998 The meeting of the Kent Land Use and Planning Board was called to order by Chair Brad Bell at 7 00 p in. on Monday, December 14, 1998 in Council Chambers of Kent City Hall LAND USE & PLANNING BOARD MEMBERS PRESENT: Brad Bell, Chair Sharon Woodford,Vice Chair Steve Dowell Ron Harmon Jon Johnson David Malik Terry Zimmerman PLANNING STAFF MEMBERS PRESENT: James P. Harris,Planning Director • Fred Satterstrom,Planning Manager Kevin O'Neill, Senior Planner Matthews Jackson, Planner/GIS Coordinator Pamela Mottram, Administrative Secretary ; APPROVAL OF MINUTES Approval of the November 23 and 30 minutes have been deferred to the January 26, 1998 meeting ADDED ITEMS TO THE AGENDA None COMMUNICATIONS None NOTICE OF UPCOMING MEETINGS Planning Director,James Harris announced that a workshop will be held Monday,January 11 and the public hearing will be held on Tuesday, January 26, 1999 #CPA-98-2 (D)/CPZ-98-4 COSTANZO AMENDMENT Senior Planner Kevin O'Neill stated that a public hearing was held on this item on November 23 Mr. O'Neill stated that subsequent to that hearing, staff discovered that the initial notification had not gone out to the correct group of surrounding property owners He stated that the hearing could proceed tonight as proper notification had been completed Mr O'Neill extended apologies to the Board and the applicant for the inconvenience that had been caused Mr O'Neill stated that this application relates to two parcels at 11733 and 11715 Kent Kangley Road He stated that the land use designation on the parcel to the west is currently commercial and is zoned NCC, Neighborhood Convenience Commercial Mr O'Neill stated that the parcel immediately to the west of that parcel went through the comprehensive plan amendment process in 1997. It was approved for a land use change to Commercial and a zoning of NCC with a condition that adequate property be dedicated for right- of-way s 220 4th Ab ENUE SOI.TH / KENT WASHINuTON 98032-5895 Land Use and Planning Board Minutes December 14, 1998 Page 2 Kevin O'Neill stated that he had indicated through his staff report and at the November 23 hearing that the rezone had not yet been formally executed as the condition had not been satisfied Mr O'Neill announced that as of this afternoon, December 14, conditions has been satisfied and an agreement had been drawn up between the property owner and the city of Kent with regard to dedication of the right-of-way He stated that even though an ordinance has not been adopted to approve changing the land use to commercial all conditions have been met thereby clearing the way for approval Mr O'Neill extensively defined the land uses for the other parcels surrounding the subject property. Kevin O'Neill stated that the intersection of 116th Avenue Southeast and Kent Kangley Road is the northern terminus of the 277th Corridor project and from this point the corridor will proceed south down 116th and eventually connect through the valley to Central Avenue Mr O'Neill stated that as a result of this project, the 116th Avenue intersection will be substantially improved due to the addition of road widening and turn lanes. City Engineer, Gary Gill spoke at length regarding the standards that would need to be met regarding right- of-way as it relates to the subject property Gary Gill stated that if the subject property was developed for residential purposes, the intent would be to widen 264th Street and create access to the property from that street. Gary Gill stated that if the property were developed as a commercial use, all access to the property would be from Kent Kangley Road with no access allowed through the internal residential street • Gary Gill spoke at length on trip generation He stated that if the property were developed as residential, 15 evening peak hour trips could be generated He stated if the property were developed as commercial, 300 or 400 evening peak hour trips could be generated Mr Gill calculated trip generation based on the Institute for Traffic Engineers trip Generation Manual that estimates differences in traffic characteristics of developments and land uses He stated that all TTE trip values are calculated based on each 1000 square feet of building improvements on a site Mr. Gill stated that there are many factors that figure into determining trip generation He stated if a commercial establishment is located on a arterial roadway, many trips could be defined as "pass-by trips" (people stop in and leave as they are driving by), "diverted trips" (someone is diverted from their normal course), or"new trips" (customers are attracted to the area from a distance) Gary Gill stated that the traffic count on Kent Kangley runs around 34,000 trips per day Mr Gill stated that many of the plats within the corridor area were developed and subdivided in the 1990's and has subsequently been developed He stated that the lots were conditioned to deed right of way for the corridor as a condition for receiving utility service. Terry Zimmerman asked Gary Gill if it was his intention to allow for left hand turns off of this property across Kent Kangley heading west, if it were developed as commercial. Gary Gill responded that it would depend on where the end of the double left turn pocket is located Mr Gill, in response to Steve Dowell, stated that long term trip forecasts were predicted through the year 2020 He stated that the Public Works department estimates that the current level of travel on the Kent Kangley corridor will be maintained. • Gary Gill stated that 256th Street is designated as a minor arterial and is designated for design implementation and construction improvements from 116th easterly past 132nd within the next two years He said that the State Highway department has identified 256th Street as a future on and off ramp link to Highway 18 Land Use and Planning Board Minutes December 14, 1998 Page 3 David Malik asked Gary Gill what fees the developer would be assessed for peak hour trips if the site were developed as a supermarket Gary Gill stated that the current value is about $l 500 per p in peak hour trip for new trips David Malik asked if this indicates that the developer will pay the City of Kent about $650,000 Gary Gill concurred David Malik asked Gary Gill where curb cuts would be placed on Kent Kangley to accommodate left turns from the site Gary Gill stated that curb cut locations would depend on the orientation of the buildings on the property He stated that Public Works would look closely at determining the most feasible circulation pattern for this site and place curb cuts accordingly Gary Gill said that Public Works would attempt to move the driveway cuts as far east of 116th as possible Ron Harmon asked Gary Gill how much frontage on this site would need to be used to expand Kent Kangley Road Mr Gill said that the current assessor's maps indicates that the most westerly parcel already includes 50 feet of right-of-way from the center line of Kent Kangley Road along the entire frontage Gary Gill said that Public Works would require an additional seven feet from that parcel Mr Gill indicated that the parcel to the east shows 30 feet of existing right-of-way with Public Works requiring an additional 27 feet Brad Bell asked Gary Gill if he supports staff's recommendation on this issue Gary Gill stated that the primary concern of Public Works was just to present facts that would assist the Board in their decision making Kevin O'Neill said that staff's two major concerns with this request is traffic hazards and the placement of commercial development to close to existing residential properties Kevin O'Neill said that the applicant expressed an interest in integrating his parcels and developing them jointly as commercial Mr O'Neill stated that an integrated development would allow for better control of ingress and egress to the site and subsequently buildings could be placed on site in a way that would minimize impact in the area Staff voiced concern that the parcels would be developed independently creating high traffic generation in an already highly congested corridor. Staff recommends denial Ron Harmon MOVED and Sharon Woodford SECONDED a motion to open the public hearing Motion carried Ron Remmer, 11733 Kent Kangley Road,Kent,WA voiced concern that the lack of lighting creates low visibility and high traffic volume on the road creates safety issues He stated that even though his home sets back from the road 80 to 90 feet, the volume of noise is excessive Mr.Remmer said his home is located furthest east of the site Karen Rehkop, 11715 Kent Kangley Road,Kent,WA stated that she has owned the Shortstop Market for twenty years Ms Rehkop stated that the market is located on the second parcel of property from the intersection and that she also owns the adjacent property located between Mr. and Mrs Remmer's property. Ms.Rehkop stated that as Kent continues to grow, she would like to see her property developed in a way that would be attractive to the surrounding neighborhood and be a positive and viable development She stated that she would like to see all four parcels of land developed jointly Terry Zimmerman asked Ms Rehkop if she had an agreement with the property owner to the west for joint development Ms Rehkop said that a written agreement did not exist, rather that they have a mutual understanding to develop their properties in a way that would benefit the community . Land Use and Planning Board Minutes December 14, 1998 Page 4 Richard Costanzo, 24310 Crystal Lake Place, Woodinville, WA said that he was the applicant Mr Costanzo stated that traffic has increased to the point where health, safety and welfare have been compromised He stated that developing this property as residential would not be desirable. Mr Costanzo spoke at length on peak hour trip generation and diverting of traffic specifically from 104th Avenue Mr Costanzo stated that in 1991 a post-opening traffic impact study was completed for the Lake Meridian Market Place The study was completed after the opening of the center in the belief that results would indicate an increase in traffic generation to the west thus increasing traffic impact fee mitigation costs although results of the study actually indicated a decrease in traffic impacts on the west side of that site Mr Costanzo stated that he believes trip generation would decrease as a result of consolidating the four parcels as one commercial use He stated that the development would serve as a diversion as customers would not be forced to head west from 116th to shop for services Mr. Costanzo said that the five existing driveways on Kent Kangley would be reduced to not more than two access points as a result of new development Mr Costanzo addressed the topographic problems by stating that as part of any development, the roadway would be smoothed out creating easier ingress and egress He said that any commercial developer would resolve the lighting and security issue as well as create a means to buffer noise from the residences on 264th . Mr. Costanzo stated that he has a contingent cross-access agreement with the corner property owners and that the property owner, Ms. Rehkob has not signed the agreement. Mr. Costanzo entered a letter for the record dated 11/23/98 from Village Properties NW as Exhibit# 1. Terry Zimmerman asked Mr. Costanzo what type of commercial development he would consider if the four properties were combined Mr Costanzo stated that the use would be service related in nature Mr. Costanzo responded to David Malik's concerns about traffic congestion by stating that at the time the 277th Street Corridor bypass is complete, a large majority of traffic will use the bypass and travel up to 116th, lessening the impacts on Kent Kangley and 104th Avenue He stated that by providing a commercial development on 116th,people would have an additional option for their services other than Lake Meridian Market Place Martin Durkan,Jr.,330 SW 43`d St.,Suite 357,Renton,WA stated that the four parcels of property would be best served by commercial development Mr Durkan said that an agreement exists with Village Properties for a cross access and cross parking easement He stated that two accesses exist on 116th Street but believes that will be reduced to one access Terry Zimmerman MOVED and David Malik SECONDED a motion to close the public hearing.Motion carried Ron Harmon voiced concern that no neighbors to the south of the development showed attended the hearing Mr Harmon stated that he was concerned about impacts to the neighbor to the east,He stated • that his desire is to see adequate buffering for this neighbor as protection from noise, lighting and traffic. Mr Harmon stated that he supports commercial development. Jon Johnson and Steve Dowell voiced support for commercial development on the property Chair, Brad Bell stated that he strongly supports neighborhood commercial He stated that he resides at • Land Use and Planning Board Minutes December 14, 1998 Page 5 Lake Meridian and by having commercial services on 116th, would decrease traffic flow towards the other shopping centers. He reiterated safety concerns for the residents within the area and noted that the property is not suited for single family use Mr Bell stated that the developer would pick up the cost associated with increased traffic He stated that he hoped the city, developer and property owner would work out an agreement that would benefit both the property owners, and homeowners Sharon Woodford voiced her support for commercial development but voiced her impression that as the neighbors to the south had not attended the hearing; they must not be concerned with the development on this property. Terry Zimmerman supported staff s recommendation to deny rezoning the property to commercial She stated that she empathizes with the neighbor to the east who is not in favor of this property being developed as a commercial site Ms Zimmerman voiced her concern that agreements would actually be implemented between the various property owners and would like to see the property developed jointly. David Malik voiced support to rezone the property for commercial. Ron Harmon reiterated his concern with the neighbor to the east and hopes that the Planning staff will take this into consideration Ron Hannon MOVED and Sharon Woodford SECONDED a motion to recommend approval of CPA-98- 2 (D)/CPZ-98-4 Costanzo Amendment Motion carved six to one CPA-98-4/SMP-98-1 SHORELII\E MASTER PROGRAM Kevin O'Neill stated that this is an amendment to the Shoreline Master Program He said that the City of Kent has had a Shoreline Master Program since 1974. He said that Kent's Shoreline Master Program is governed under the provisions of the Washington State Shoreline Management Act which was passed in 1971 The shoreline program regulates development within 200 feet of the ordinary high water mark of shorelines of the state Mr O'Neill stated that when the Shoreline Management Act was passed and when Kent developed its first shoreline master program,the only shoreline of statewide significance in the city was the Green River Mr O'Neill said that back in 1996,the city annexed two shorelines, Lake Meridian and a portion of Big Soos Creek from Kent Kangley Road to the southern portion of the city limits, which affects 10 parcels Mr O'Neill said that these shorelines are still regulated under King County's Shoreline Master Program He said the City of Kent has been using the County's program on an interim basis since annexation,but has been aware of the need to update its shoreline master program to bring these two shorelines into Kent's shoreline program Kevin O'Neill said that the other reason Kent has proceeded with updating its Shoreline Master Program is that back in 1995 the Washington State Legislature adopted the regulatory reform act or ESHB 1724, requiring that Kent change their regulatory procedures He stated that the State law governing shorelines . mandates that the goals and policies of the local shoreline master program become part of the city's comprehensive plan and that the regulatory portion of the shoreline master program be incorporated as part of the city's overall development regulations Based on this law, the goals and policies in the shoreline program are now defacto part of Kent's comprehensive plan Kevin O'Neill stated that Planning staff wanted to go through existing policies and Land Use and Planning Board Minutes December 14, 1998 Page 6 add in policies that are relevant to the new shoreline areas for Lake Meridian and Big Soos Creek Mr. O'Neill stated that updating the shoreline's goals and policies would bring them into compliance with the remainder of the comprehensive plan Kevin O'Neill said that the City of Kent wrote a grant to the State Department of Ecology (DOE) because of the need to update the shoreline master program He said that the DOE is helping to fund the project and has reviewed preliminary drafts of the proposed document Mr O'Neill stated that after the Board makes its recommendation to the City Council and the Council takes final action to adopt a locally adopted shoreline master program, it will be sent to the State Department of Ecology, He said that the DOE will complete their own review and could respond with their own recommended changes. Kevin O'Neill said that shoreline management is different than other regulatory and policy documents in the City in that the DOE as well as a number of State laws dictate how shoreline programs should be outlined and how shoreline development should be regulated. Kevin O'Neill stated that as part of the city's grant,Planning staff put together a citizen's advisory committee last spring made up of several residents of Lake Meridian as well as other people in the community familiar with the existing shoreline master program Mr O'Neill said the committee was helpful in helping to formalize issues that should be addressed in the update He thanked the committee for their help in assisting the city in drafting a proposal He stated that two open houses were held this summer to address the Lake Meridian and the Green River shoreline issues Kevin O Neill submitted a letter dated 12/14/98 for the record from John Nason,Architect as Exhibit#2 and a letter dated 12/11/98 for the record from Jill Clifford,Meridian area resident, as Exhibit#`3 �—— Brad Bell asked Mr O'Neill that since the State has the authonty to dictate how shoreline regulations should be implemented, would this preclude the City from making any changes that the state requires regardless of the Board's input on those issues. Mr O'Neill stated that there are mandates within the Washington State Administrative Code regarding how shoreline terms are defined as well as what areas should be regulated For example,Mr O'Neill stated that Kent would not be permitted to regulate only the first 100 feet of a shoreline area Mr O'Neill stated that the DOE has prepared a model shoreline master program with recommended language to assist local governments in the implementation of their own program Mr O'Neill stated that Lake Fenwick was not within the shoreline management area and he assured Steve Dowell that any existing nonconforming development within 200 feet of the shoreline for Lake Meridian, Green River or Big Soos Creek would continue to be a legal nonconforming use as long as the development was legal at the time it was established Steve Dowell asked how people were notified of this issue Mr O'Neill stated that for the open houses and the public hearing, people were notified within 200' of Green River, Big Soos Creek and Lake Meridian Kevin O'Neill stated that portions of Mill Creek outside the city limits are a regulated shoreline but the portion within Kent is not considered a shoreline. Mr O'Neill explained that streams are considered a shoreline when the mean annual flow reaches a certain threshold Steve Dowell asked if streams and creeks leading into the Green River were considered shorelines Mr O'Neill said that Section 5 7 states that"200'of the creek areas leading into the Green River where salmon habitats exist would be subject to shoreline management" 1 • Land Use and Planning Board Minutes December 14, 1998 Page 7 Nancy Eklund, Berryman and Henigar, Seattle,WA stated that she was a planning consultant assisting the City in this project She confirmed that 200' of the tributaries or creeks leading into the Green River are governed under the Shoreline Management Act and would be part of Kent's shoreline jurisdiction Ms Eklund said that the Department of Ecology has reviewed the draft Shoreline Master Program for the City of Kent and will require a technical formal review as part of the approval process Ms. Eklund referred to the Shoreline Master Program draft at length in defining a jurisdiction's regulatory area. She stated that regulations are tailored to the body of water they are centered on and that the City of Kent need's to adjust their regulations to fit Lake Meridian and Big Soos Creek as well as the Green River area Ms Eklund stated that the City of Kent's new Shoreline Master Program draft has added policies and regulations pertaining to over water structures and residential setbacks She stated that these additions are two of the most significant changes Ms Ecklund stated that the draft document has included language changes to comply with State Law. Ms Eklund stated that the SMP draft has included protective regulations within the section titled "Shoreline Stabilization"concerning salmon habitat She stated that the inclusion of regulations in this section would position the city better for future endangered species act regulations Ms Eklund stated that some administrative aspects of the shoreline master program have been restructured to reflect new regulatory reform changes in the city's local regulations. Brad Bell asked Ms Eklund to indicate the new changes that would affect property owners Ms Eklund stated that the areas of primary interest to many folks pertain to Lake Meridian and are included in King County's shoreline master program which the city has been governed by Ms Eklund stated that even though King County has implemented changes in their shoreline master program, Kent has continued to apply those regulations in force at the time of the annexation Ms Eklund referred to Section 6,page 11 of the draft in reference to the allowance for covered moorage She stated that under the shoreline program Kent has been administering, covered moorage has not been allowed. She said that under the new King County Shoreline Master program, adjustments have been made to allow for covered moorage Ms Ecklund stated that the draft proposal includes two options Alternative F—to not allow covered moorage and Alternative G—to allow covered moorage She said that Planning staff is recommending"F"to not allow covered moorage Ms Eklund deferred to Mr O'Neill Mr O'Neill said that Planning staff typically like to retain preexisting county regulations unless there are compelling arguments to change them When Kent annexed Lake Meridian, covered moorage were not allowed under the County's master program. Mr O'Neill stated that since that time, King County has changed their regulations to allow for what they define as"mechanical boat lift covers"' He stated that the county's shoreline master program now allows these covers, but Kent is obligated under state law to implement shoreline regulations in affect at the time of annexation Kevin O'Neill explained that two • alternatives were included in the draft as a means to show how boat lifts have been regulated in the county and how they are currently regulated He stated that several members of the citizens advisory committee were in favor of allowing covered moorage under certain conditions as well as a number of people who attended the open house meetings He reiterated that Planning Staff recommends"F". Nancy Ecklund spoke at length on residential setbacks, which are of primary interest to the public She • Land Use and Planning Board Minutes December 14, 1998 Page 8 stated that the proposal suggests that residential structures shall be set back using an averaging so that new development will be sensitive to preexisting buildings and homes on the lake Terry Zimmerman voiced concern that a statement in Section 4 0 of the Shoreline Element was contradictory in regards to setbacks and shoreline restoration Mr O'Neill stated that these statements are policies and not regulations and that this proposal sets a policy framework for future regulations. Ron Harmon MOVED and David Malik SECONDED a motion to open the public hearing Motion carried Donald West,25866 136"Avenue Southeast,Kent,WA said that he has resided on Lake Meridian since 1958 He voiced concern that existing structures should be grandfathered so that piers, floats and docks would not have to be removed He voiced concern about the definition of a "float" as written in the proposed draft Mr West stated that when the county park was reconstructed,the water level of the creek was raised at least 1 5 feet He asked if consideration has been given to restructuring the culvert for the outflow from the creek as his dock is under water at times. Victor Page, 14607 Southeast 267`h Street,Kent,WA stated that his property is located at the shallow end of the lake Mr Page said that his dock is 30 years old and extends beyond the maximum dock length of 80 feet in order to reach a depth of six feet of water in the summertime He said that he would . like to see pre-existing docks, buildings as well as allowance for repairs to be grandfathered in Steven Crowell, 26709 148"h Avenue Southeast,Kent,WA stated that he has communicated with Kevin Mitchell, King County's Chief Shoreline Administrator and that Mr Mitchell indicated that Planning staff s recommendation for"F"was written and adopted in 1978 Mr Crowell said that he supports "F"and would encourage the Board to adopt a policy to allow for grandfathering of legal, nonconforming uses. Mr Crowell submitted correspondence dated 12/8/98 from Mr. Greg White,Mendian area resident for the record as Exhibit#4 Mr Crowell read from the correspondence sharing Mr White's believe that Lake Meridian is saturated with development and that the addition of permanent boat covers should not be allowed as they obstruct view and contribute to an overall cluttered appearance Mr Crowell stated that Mr White indicated his opposition for expansion of dock sizes beyond current regulations and any changes in rules governing dock positions relative to property lines He said that Mr White indicated opposition to reducing current restrictions on shoreline development Casey Gibbs, 14661 Southeast 267`h Street,Kent, WA stated that he created the covered boatlift flap Mr Gibbs stated that Mr Crowell has two boat docks and one boathouse on his property He voiced surprise that Mr. Crowell would raise opposition to the addition of more covers and felt Mr Crowell was hypocritical Mr Gibbs said that boat covers provide protection from the rain and that boat covers do not block views when situated correctly. Mr Gibbs said he supports Option G to allow covered boat moorage on Lake Meridian He stated that he opposes imposing restrictions on dock size citing low water levels as his rational Mr Gibbs stated • that the covered boat area should be excluded from the dock length calculation Mr. Gibbs stated that he felt it interesting that Planning staff recommends against covered moorage, when by their own definition they are trying to be consistent with existing regulations which allows for boat canopies or covers • Land Use and Planning Board Minutes December 14, 1998 Page 9 Maribelle Lackey, 14410 Southeast 2701n Place, Kent,WA said that she has lived on the lake for 23 years. She said that two years ago 78 citizens signed a petition to ban covered boat moorage. She stated that regulations do not allow for covered boat moorage Ms Lackey stated that a citizens advisory committee has asked that the use of a temporary boat cover be addressed again She stated that she disapproves of this nomenclature, as it is too broad a term She opposes boat covers as they are unattractive and create a visual barrier Ms Lackey stated that the lake is public property and that these covers would degrade the quality of the lake She strongly voiced opposition to any change in the code allowing for over the water structures. Ms Lackey submitted a letter for the record dated 12/14/98 from Don and Juanita Bell,Meridian area resident as Exhibitzit##5, indicating opposition of boat covers on Lake Meridian Mr. Mary Olsen, 14400 Southeast 270th Place,Kent,WA stated that he has been a resident of Lake Meridian for several years He said that covered boat moorage's should be allowed if the purpose is to protect the boats Mr Olsen stated that the moorage do block view and are esthetically displeasing He stated that the lake is small and that allowing for more moorage would impact the lake negatively Mr. Olsen stated that he supports 'F". He stated that terminology in Section G iv and v needs to be defined more accurately. • Rita Bailie, 20607 101st Avenue Southeast,Kent,WA stated that she is the Rainier Audobon Wetland Chair and served on the citizen's advisory committee She commended Kevin O'Neill on the diversity of the committee and stated that Nancy Eklund was supportive and helpful Ms Bailie stated that the committee held a field trip around Lake Meridian. Ms.Bathe stated that the advisory committee recommended continuation of a 200-foot setback along Kent's segment of Green River She stated that she is pleased to see water-based business, agriculture and more passive recreational priorities in place. Ms Bailie stated that setbacks might have to be more actively protected if the Endangered Species Act should be enacted She said that future impervious surfaces such as parking areas within that 200-foot area could be questioned Ms Bailie said that under the Introduction in section 14, it indicates that one of the main purposes of the Shoreline Management Program is to "protect, preserve, and restore fish and wildlife habitats to and adjacent to streams,rivers and lakes within the City of Kent" Ms Bailie stated that in Europe and the U S .river corridors serve as favorite public amenities and in well-planned river parks, you find wildlife cornucopias Ms Bathe said that through the wide use of the Green River corridor Kent can be known for its beautiful, inviting pastoral corridor as well as its new regional wetland She stated that rivers are natural corridors for wildlife dispersal, migration, and breeding. Ms Bailie stated that Planning staff s adequate setbacks would make it possible for species to survive when the endangered species act is put into affect She stated that the Green River is a shoreline of • statewide significance as well as international significance in relation to migratory birds, many of which are threatened. Ms Bailie said that the Audubon Society supports the retainage of farmland as a major wildlife habitat resource Ms Bailie stated that farming is a viable economic business largely neglected in Western Washington She stated that the Audubon encourage agricultural development along the Green River as Land Use and Planning Board Minutes December 14, 1998 Page 10 a valuable resource Ms Bailie said that the United States loses 1 million acres of prime farmland yearly with most of this land located along rivers She said that many local farms are wetlands with fragile soils and that the goal of the SMP is to minimize public access Ms Bailie stated that farms provide wintering grounds as well as spring and summer nesting and feeding area for birds Ms.Bailie voiced the vision of a number of individuals that 78th Avenue South should be designated as historical district as this area of Kent originates from the turn of the century with the existence of 8 or 9 historical monuments such as barns, farm houses and an avenue of trees. Ms Bailie stated that a historical designation would protect and enhance the enjoyment of the Green River Corridor and trail system Lee Ann Dickson, 14214 Southeast 270th Place,Kent,WA stated that the definition in Section 6.9 of the draft states that"a definition of a pier is supported by piles above the water while docks float upon the water" Ms Dickson stated that she would like more definitive terminology through out the document in regards to defining piers versus docks She voiced concern over terminology in the exemption section as well Ms Dickson said that she would like to see grandfathering of existing piers in order to protect her pier located directly on the property line. • Ms Dickson stated that she did not see indications that the SMP draft addressed flooding on Lake Meridian She stated that the lake has risen 14 to 16 inches within the past six weeks and half of her property is under water Ms Dickson stated that she intends to have a bulkhead constructed before any more land erosion occurs on her property due to winter flooding She noted that the nomenclature within the SMP does not address land use in regards to erosion due to winter flooding. Ms. Dickson stated that she opposes covered moorage on the lake Tom Ryan, 14605 Southeast 266th,Kent,WA stated that he has lived on Lake Meridian since 1953 and that his dock is 120 feet in length in order to reach water with a depth of 5 feet Mr Ryan stated that he has a boathouse attached to his dock, which he shares with his neighbor He stated that he opposes the addition of more boathouses on the lake. Brian McDonough,26441 137th Avenue Southeast, Kent,WA stated that his home does not front the lake but that he has a ten-foot easement down to the water and that he shares a boat with his neighbor. Mr McDonough voiced concern with 15 foot setbacks from property lines would like to see a grandfather clause that would allow him to keep his dock as it is and repair or rebuild it as required Mr McDonough said that he supports the use of boathouses on Lake Meridian Robin Rausch,26430 136th Avenue Southeast, Kent, WA stated that she resides on Lake Meridian. Ms Rausch said that she is the president of the Lake Meridian Community Association and a member of the citizens advisory committee She said that she is representing the opinion of people whom did not wish to attend the public hearing Ms Rausch stated that she sent out surveys pertaining to covered moorage and setbacks to Lake Meridian residents She said that the result of the survey indicated a need to change the SMP as it pertains to covered moorage and dock setbacks. Ms Rausch said the survey indicated that many people favored 5-foot setbacks and that a majority of people supported allowing boat covers She stated that individuals who were opposed to boat covers cited view obstructions based on the topography of the land as well as creating environmental issues • Land Use and Planning Board Minutes December 14, 1998 Page 11 Ms Rausch stated that residents favored grandfathering existing structures with the allowance for repair of existing structures She stated that residents were concerned with property damage due to the high water levels and have asked the City of Kent Engineering department to study this issue David Malik asked Ms Rausch what city official told them about the water level problem. Ms Rausch stated that several meetings were held with city engineers familiar with the problem She stated that the residents were told that an ongoing study would take place and the results of this study would be passed on to the residents Ms Rausch said that they requested pictures of the lake that would provide a historical perspective of water levels at varying times of the year as well as recent pictures of the lake for the purpose of comparing changes in Lake Meridian s water table. Bonnie Harris, 26712 138th Place Southeast, Kent, WA said that she has resided on Lake Meridian for 13 years Ms Harris stated that she has pictures of the lake during the winter she moved in She stated that the lake was frozen She stated that pictures taken during the same time of year in 1996 shows that the lake is not frozen and the water table is much higher Ms Harris said that the lake has not been frozen since the late 80's. Ms Harris said that when the park was remodeled, the natural drain flow was removed and the gate, which was used for draining water from the lake, was removed. She stated that she has sustained a . $6300 repair bill for damage to her dock as a result of the high water table She said her dock currently floats on the water, lifting the pilings out of the water Ms Harris said when the water table decreases, the pilings settle at different levels. Ms.Hams stated that at the time damage occurred to her dock, Lake Meridian was regulated under King County's SNIP She said that the City of Kent would allow her to remodel but not rebuild her dock Ms. Harris stated that if her dock had been rebuilt, it would have been required to be within the 15-foot easement,placing the dock in the middle of her property She stated that at this time, the old dock is situated on the property line and even though the repairs to the piers have raised their dock by 15 feet, the new dock is now under water Ms Hams stated that she supports grandfathering for retainage of existing docks Ms.Hams spoke of her concern over ecological damage to the lake from chemical run off from yards. She stated that a sewer system runs around the lake and questioned if the storm drains could run into that system as opposed to allowing run off into the lake Ms Harris voiced her opposition to allow covered moorage on the lake Bill Rausch,26430 136th Avenue Southeast,Kent,WA stated that he has lived on Lake Meridian since 1964 He said that he supports adoption of Subsection G to allow covered moorage under certain conditions. Mr Rausch stated that the existing regulation, which does not allow covered moorage, is inconsistent with King County and does not reflect current use nor indicates the desires of Lake Meridian residents Mr Rausch stated that when the park was redesigned the boat launch was moved further north He stated • that a culvert system was created to allow for water run off creating higher water levels in the lake about 15 feet Mr Rausch said that vegetation blocks the culvert inhibiting the free flow of water and that some minor engineering changes could alleviate the water problems Steve Dowell asked Mr. Rausch if it was his impression that the County caused the level of the water to rise in the lake as a result of putting in a culvert Mr Rausch concurred and stated that when the ei Land Use and Planning Board Minutes December 14, 1998 Page 12 residents approached the county and asked them to address this problem they did not get a positive response Ron Harmon MOVED and David Malik SECONDED a motion to close the public hearing Motion carried. Brad Bell complimented Mr O'Neill and Nancy Eklund for a job well done in respect to the positive feedback on the inclusion process. In response to citizen questions, Mr O'Neill stated that"grandfathenng"was a nomenclature for a legal nonconforming use He stated that this issue reverts back to the state law relating to shorelines where it defines a legal nonconforming development He proceeded to define what would be allowed under a legal nonconforming use Mr. O'Neill stated that if a nonconforming use were damaged to the extent of not exceeding 75%of the overall replacement costs reconstruction would be allowed back to the original configuration Mr O'Neill deferred to Environmental Engineer, Bill Wolinski regarding the rising water level of the lake although this issue does not specifically refer to the Shoreline Master Program Mr O'Neill stated a number of residents have been sensitive to view protection in respect to covered • boat moorage so Planning staff has recommended that moorage not be allowed Mr O'Neill felt that definitions for floats,piers and docks should be consistent as well as cross-referenced throughout the document He stated that bulkheads would be allowed as long as they did not create more land for the property owner and were not located waterward of the ordinary high water mark Mr O'Neill addressed dock setbacks from property lines and stated that the 15-foot requirement is taken directly from the County code He clarified that both the existing King County code and the current proposal allows for docks to be built on a joint property line as long as both property owners are in agreement Terry Zimmerman asked Mr. O'Neill if there were any plans to correct the chemical pollution from lawn fertilizers and upstream run off into the lake Mr O'Neill deferred to Environmental Engineer, Bill Wolinski and stated that the Public Works department works with the Homeowner's Association in providing environmental education regarding controlling the use of fertilizers and subsequent water run off to the lake Mr O'Neill stated that Bill Wolinski is in charge of the environmental engineering program, which includes flood control and storm water management. Mr O'Neill stated that since the , annexation, the City of Kent has worked with the County to understand what has been done in the watershed Mr Wolinski stated that his department has been analyzing the storm water systems and flooding problems throughout the entire annexation area He stated that a comprehensive storm water management plan has been drafted which addresses the water levels in Lake Meridian and is proposing several alternatives that would address the water output • Mr Wolinski said information would be presented to the public in early 1999 through public hearings on the comprehensive storm water management plan. Mr Wolmski said that Kent's existing drainage ordinances require that a storm water treatment system be created for all new developments Nancy Ecklund addressed Steve Dowells's concerns that herbicides are not to be used within 200 feet of the lake Ms Ecklund stated that it was her understanding that there is a distinction between herbicides • Land Use and Planning Board Minutes December 14, 1998 Page 13 and chemicals and language exists in the model ordinance which distinguishes between agricultural chemicals and household chemicals. Sharon Woodford asked Kevin O'Neill if it would be possible to consider covered moorage by conditional use permit which would require a public hearing to allow surrounding neighbors to give their opinions Mr O'Neill stated that the Shoreline Management Act and the Shoreline Master Program does provide for a conditional use process requiring a public hearing He stated that this option is available to the Board as a mechanism to allow residents to speak Mr O'Neill stated that one problem with this method is that it could create contentious public hearings in front of the hearing examiner Mr Dowell asked Kevin O'Neill the Kent's Shoreline Jurisdiction regarding associated wetlands and how shorelines and shorelands differ Mr O'Neill stated that the definition of shorelands is taken from the WAC and is defined as "any land within 200 feet of the ordinary high water mark or any flood plains, which are within 200 feet of the floodway He stated that for purposes of Green River,the floodway and the riverbank are the same Steve Dowell suggested a change in verbiage to read as "all shorelands and their associated wetlands" instead of"all associated wetlands " Kevin concurred Mr O'Neill stated that the narrative regarding the Green River and settlements along the river does not specifically apply to the Muckleshoots Indian Tribe and is a narrative description of the area's history Mr O'Neill stated that the narrative is taken from the existing shoreline master program Mr O'Neill stated that Kent has coordinated for years with the Muckleshoots Indian Tribe and their use of the Green River for fishery purposes Mr O'Neill stated that he believed the Muckleshoots Indians do not fish within the City of Kent's jurisdiction. Mr. Harris stated that the indians net fish in the City of Kent along the golf course, which is not regulated by the city Steve Dowell asked Mr Harris if the Muckleshoots Indians are referred to in the draft of the SMP as a group that the City is mandated to confer with Mr Hams concurred Steve Dowell stated that there seems to be confusion associated with the terminology used to define boat covers and believes there needs to be better clarification Mr O'Neill stated that Planning staff was relying on both the model ordinance and the existing County ordinance in putting those definitions together Steve Dowell spoke at length on various definitions regarding moorage, docks and floats. Kevin O'Neill stated that part of the Board's recommendation could be to clarify certain definitions and extend deliberations to the next hearing to allow Planning staff to return with amended language for consideration Brad Bell informed Kevin O'Neill that as part of the recommendation, the Board would like to direct Planning staff to reevaluate the definitions Mr O'Neill concurred and stated that staff would look at the WAC's to assure continuity with State law terminology. He stated that they would look at the County shoreline program, the Department of Ecology model ordinance as well as other shoreline master programs in evaluation of terminology Kevin O'Neill stated that after this proposal goes to the City Council it would go to the Department of Ecology. He stated that if the Department of Ecology feels there are inconsistencies in terminology they would give their input. Jon Johnson stated that dock repair should be allowed at 100% and should be included as a legal nonconforming uses as recommended by staff He stated that he supports "G" so that the City remains in conformance with County regulations Mr Johnson stated that he supports the use of boat covers with Land Use and Planning Board Minutes December 14, 1998 Page 14 boathouses He said that he supports 5-foot setbacks Ron Harmon stated that docks should be allowed to be rebuilt at 100% and that he supports"G"to allow covered moorage even though he stated that both F and G have merit Steve Dowell voiced his support of"F"with the exception of boat covers. Brad Bell agrees with Mr Harmon and Mr Dowell that dock setbacks should be changed from 15 to 5 feet He said that he supports "F" Sharon Woodford supports"F"as "G does not allow for view protection She stated that she approves of 5-foot setbacks. Terry Zimmerman approves of 5-foot setbacks specifically when lot frontages are small She stated that she supports 100%repair for docks that have been destroyed by high water She stated that she urges the City to address the flooding issue She said that she supports "F" David Malik supports the 5' setbacks with 100%repairs allowed on.the docks. He voiced concern with the high water levels and the chemical pollution problems and would like the City to look at these issues. • Brad Bell stated that he agrees with Mr. Johnson in that he does not see any problem with someone building an attractive boat- house as long as it did not obstruct a homeowner's view on Lake Meridian Brad Bell stated that those owners who have boat houses and docks should be grandfathered. He supports 5-foot setbacks for docks as well as 100 %repair due to the lake's water level problems Assistant City Attorney Laurie Evezich clarified with Mr Bell that he was referring to legal nonconforming use when he voiced support of grandfathering Mr Bell concurred. Mr. Dowell acknowledged Planning staff for their hard work in creating the SMP proposal and thanked City Council member Sandy Amodt for coming to the public hearing to study this issue Fred Satterstrom asked the Board to include the areas that lay within Kent's potential annexation area in their recommendation to Council regarding the Green River He asked the Board to include in their motion-the 200 foot Urban River Resource designation and that it be applied to the entire 200 feet on both sides of the Green River throughout the PAA (Potential Annexation Area) Mr Satterstrom stated that if the Board includes the potential annexation areas, Planning would not have to come back to the Board for amendments to the Shoreline Management Program every time a portion of the river is annexed Brad Bell stated that he is concerned that a request is being made after a public hearing where the general public has not had a chance to respond so he does not approve of this request for inclusion of the PAA Mr Satterstrom stated that appropriate notification was mailed throughout the stem of the river and recipients could have attended the public hearing if they desired • Steve Dowell stated that he recalled the "Urban Growth Area was referred to in the proposal in narrative form but not on the map, which should cover the area that Fred Satterstrom, was referring to Terry Zimmerman asked Assistant City Attorney,Laurie Evezich to clarify legal issues associated with this issue Laurie Evezich asked Brad Bell to reiterate the Board's concerns Brad Bell stated that Land Use and Planning Board Minutes December 14, 1998 Page 15 information provided by the Planning staff was confusing regarding inclusion of the PAA as there was a narrative included in the proposal but not indicated on the map. Mr Bell stated that staff has requested a change in their recommendation after the public hearing took place. Mr Bell stated that the public would have no chance to respond to that issue Brad Bell stated that as chair,he voiced his objection to this change, as it is the information is not provided with the basic material Mr Bell stated that if the information has been provided, there is no reason to change anything at this time. Ms Evezich said that her understanding of staff s request is that they are not requesting a change to their recommendation,but asking to incorporate a modification to their recommendation Ms Evezich stated that she did not believe this would be a substantive change and asked to hear Fred Satterstrom's recommendation Mr Satterstrom explained that the request is a clarification of the difference between the text and the map He stated that the only areas left in unincorporated King County that Planning could add through annexation is the shoreline along the Green River Mr Satterstrom stated that when Planning staff generated the map that was provided to the consultant, staff had anticipated that the consultant would change the map to show the 200-foot within the PAA but that it just showed the 200 foot area inside the City limits of Kent. • Mr. Satterstrom said that he is requesting that the Board include the shorelines along the PAA of the Green River within the Urban River Resource Designation in their recommendation. Ms Evezich stated that it is within the Board's authority to make this clarification for the record She stated that she believes proper notification went out to the public on the areas to be designated. Terry Zimmerman indicated her concerns to Ms Evezich about regulating the PAA when this area is currently under King County's jurisdiction Ms Evezich stated that policies could be adopted for PAA's under the Growth Management Act Brad Bell MOVED and Sharon Woodford SECONDED a motion to adopt staff s recommendation of Section F for#CPA-98-4/SMP-98-1 Shoreline Master Program with the following changes and clarifications: • to change the setback for the docks from 15 feet to 5 feet and • to change the dock repair threshold from 75% to 100% and • to allow the map change in regards to the potential annexation area and the 200 foot Green River issue and • to direct staff to work on the definitions. Motion carried unanimously. Kevin O'Neill asked Brad Bell in terms of the repair threshold from 75%to 100% to clarify if it is the Board's recommendation that the threshold be changed for every shoreline environment or lust Lake Meridian Brad Bell clarified that this would pertain solely to Lake Meridian Brad Bell announced that this is his last meeting as Chair and that Mr Ron Harmon will take over as chair January 1, 1999 He thanked the Board members and Planning staff for their support in allowing him to be their leader and thanked Ms Evezich for her direction He thanked the audience for their Land Use and Planning Board Minutes December 14, 1998 Page 16 patience in setting through a very lengthy meeting. ADJOURNMENT Ron Harmon MOVED and Terry Zimmerman SECONDED a motion to adjourn Motion carried The meeting adjourned at 11 15 p in Respectfully Submitted, James P Harris Secretary a •