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HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 11/23/1998 CITY OF,4�AB4T • Jim White, Mayor fpV[cTA Planning Department (253) 859-3390/FAX(253) 850-2544 James P Hams,Planning Director LAND USE & PLANNING BOARD MINUTES Public Hearing November 23, 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, November 23, 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. Hams, Planning Director Fred Satterstrom, Planning Manager Kevin O'Neill, Senior Planner Matthews Jackson, Planner/GIS Coordinator Linda Phillips,Planner Pamela Mottram, Administrative Secretary APPROVAL OF MINUTES Board member Steve Dowell MOVED and Ron Harmon SECONDED a motion to approve the October 26, 1998 minutes. MOTION carved. ADDED ITEMS TO THE AGENDA None COMMUNICATIONS None NOTICE OF UPCOMING MEETINGS None #ZCA-98-4 RETAIL USE IN (DC) DOWNTOWN COMMERCIAL DISTRICT Planner Linda Phillips submitted a letter for the record received from Alice Nelson on November 19 as Exhibit #1. Ms Phillips submitted a letter for the record from Linda Johnson Executive Director of the Kent Downtown Partnership as Exhibit#2, requesting withdrawal of the regulatory review ZCA-98-4, submitted September 4, 1998 The KDP made an additional request to resubmit this proposal at a future date. 2204[h AVENUE SOUTH / KENT,WASHINGTON 98032-5895 IT T Land Use and Planning Board Minutes November 23, 1998 Page 2 #ZCA-98-6 DART SUPPLY AND RECREATION CENTER IN M-2 ZONING DISTRICT Planning Manager Fred Satterstrom explained that Mike Ketola, an owner of a proposed dart supply and recreation center, filed this code amendment request on November 1 This request stemmed from an appeal filed in September 1998 by Mr Ketola. Mr Satterstrom stated that the appeal pertained to a zoning interpretation in the M-2 zoning district regarding a proposed dart throwing facility Mr. Satterstrom said that the Planning Department provided a zoning interpretation explaining that this type of facility was not a permitted use in the M-2 zone Mr Ketola appealed the zoning determination. Mr Satterstrom said that staff stated that although this use is not permitted at present in the M-2 zoning district characteristics of the proposed use could justify a code amendment Mr. Satterstrom stated that after staffs discussion with Mr Ketola the appeal was dropped Mr Ketola then filed an application for a code amendment. Mr. Satterstrom explained the purpose of the M-2 zoning district is to provide a suitable area for a broad range of industrial and warehouse type uses. These uses are governed through a controlled environment in terms of retail and other service uses Three recreational uses are enumerated in this type of zoning district as acceptable, gymnastic schools, health and fitness clubs, and indoor paintball. Mr Satterstrom stated that these uses require high ceilings, which are common in . industrial buildings Mr. Satterstrom said that the proposed dart supply center abuts a commercial area although the proposed amendment would affect all M-2 zoning. Mr Satterstrom stated that parking requirements are higher for recreational uses than those for typical warehouse and industrial uses Mr. Satterstrom stated that the proposed site for this facility has adequate parking Staff recommends approval of the code amendment to allow dart-playing facilities as a principally permitted use in the M-2 zoning district. Board member Ron Hammon MOVED and Board member Terry Zimmerman SECONDED a motion to open the Public Hearing. Motion carried John Ketola, 25219 74" Avenue South, Kent,WA stated that as the applicant for this proposal, his intent is to provide a safe dart playing facility for youth and families He stated that he owns a manufacturing plant next door with a warehouse and retail outlet for their manufactured darts Mr Ketola explained that he was unaware that a dart playing facility would not be allowed in the M-2 zoning district. Mr Ketola responded to Mr Harmon's question on hours of operation by saying that he would close his facility at 9.00 p.m. on weekdays if curfew is set for 10 00 p in. and if the weekend curfew is set at 12 00 a.m , he would close his facility at 11.00 p in Sharon Woodford questioned what type of darts was used with the dartboards. Mr. Ketola stated that the dartboards were the upright electronic soft tip dartboards Terry Zimmerman MOVED and Ron Harmon SECONDED a motion to close the public hearing. Motion carried. . Land Use and Planning Board Minutes November 23, 1998 Page 3 Steve Dowell MOVED and Ron Harmon SECONDED a motion to endorse the proposed regulatory review request and recommend to the City Council that the M-2 zoning district be amended to allow dart playing as a principally permitted use. Motion carved. 1998 COMPREHENSIVE PLAN AMENDMENTS Planner Matthews Jackson explained the process used in the evaluation and recommendation of comprehensive plan amendments He outlined the specific criteria staff is required to follow in reviewing and analyzing each proposed amendment Two of the Comprehensive Plan Amendments are proposed text changes only to the Comprehensive Plan. Mr Jackson explained that amendments are not allowed to result in development that would adversely effect public health, safety and general welfare. The amendments are considered based on consistency with goals and policies of the comprehensive plan and concurrency between the land use, transportation and capital facilities elements. CPA-98-2(C)/CPZ-98-3 BURRIDGE AMENDMENT Mr Jackson said this proposal is submitted by Charles Burridge to request a change in the land use designation from SF-3 Single Family/3 units per acre to SF-6 Single Family/6 units per acre and an amendment to the zoning from SR-3/3 71 units per acre to SR-6/6 05 units per acre single family residential. The property is located at 13602 Southeast 282nd Street and is approximately 11.21 • acres in size. Mr Jackson said this site is located adjacent to last years Clasen/Dinsdale amendment site proposal, which included the same change requests as, is being requested on the Bumdge amendment Mr Jackson stated that the Board and Council approved the Clasen/Dinsdale amendment, allowing for a precedence of this request. Mr. Jackson said the property is encumbered slightly by wetlands that will limit development through the central portion of the site. He indicated that a 50-foot buffer is typically required surrounding wetlands as a protection from development Mr. Jackson explained that staff has considered that the City of Kent is within the urban growth area in considering this recommendation He stated that City Council supports single family development and that development is executed with cost effectiveness in providing urban services. Staff feels this recommendation is consistent with action taken last year and that that this amendment would provide for more single family ownership opportunities. Staff recommends approval of this application. Ron Harmon MOVED and Sharon Woodford SECONDED a motion to open the public hearing. Motion carved. Mr. Curt Newell, 28110134th Place SE, Kent, WA said that he lives on a low portion of land • adjacent to the proposed property. He expressed concern over the drainage problems within this area. Mr. Newell explained that a drainage ditch running through the proposed property has been cleared out and reinforced with rocks and drainage pipes Mr. Newell said that a water retention pond (approximately 40x40 feet and four feet deep) at the back of his property continually exceeds its banks with water backing up within 100 feet of his • Land Use and Planning Board Minutes November 23, 1998 Page 4 home. He reiterated concern that if drainage is not adequate, water will back up further on his property Mr Newell said that he believes a SF-6 designation to be excessive for the area under consideration. He said that the land is extremely soggy He expressed concern that development could effect the water quality of the community well located on one of the adjacent properties. Mr. Newell expressed concern over increased traffic generation in the area in addition to his concerns over the use of appropriate buffering from the corridor. Mr Newell said that he desires to have the property remain as currently zoned. Jon A. Gentry, 28148 134th Place Southeast, Kent,WA said that his 1.5-acre property borders 282nd and 134th Place He said his home was one of the original houses built in the tract 20 years ago Mr Gentry said the decision to build his home was based on the quietness of locating on a dead end road with no traffic as well as being located close to Kent and Auburn. Mr Gentry expressed concern that more than 3 homes per acre would generate additional traffic on the road as well as effect the quality of life and disturb the water quality of the community well which he helps to maintain. Alan Stuckey, 13456 SE 282nd Street, Kent, WA said that his property lies to the southwest side • of the proposed property. He stated that his primary concern with the rezoning of this property is the issue of ground water drainage from adjacent and other nearby properties. Mr. Stuckey submitted a letter for the record as Exhibit#3. Mr Stuckey spoke at length on the need for appropriate drainage systems to handle both rainwater runoff as well as water from underground streams located in the area He stated that his property has a manmade pond that captures drainage from the pasture area as well as water runoff from the uphill properties immediately to the west. Mr Stuckey explained that the water is than funneled to the edge of the property proposed for rezoning where it works its way along southeast 282"' to the wetlands directly east of the application boundary site Mr. Stuckey stated that the proposed Burridge amendment property is chiefly located on the downhill area of the entire water drainage system He expressed concern that development of this property could jeopardize the quality of the clean drinking water provided by the well system that has been in service for 20 years. Mr. Stuckey stated that placing a large development in this area would be inconsistent with the character and use of adjacent and nearby properties Charles Burridge, 27001 114th Avenue SE, Kent, WA addressed citizen concerns about the quality of the well water being compromised. Mr. Burridge stated that to maintain water quality in the area, a 12-inch line was being placed from 132nd Street to 144th Street as part of the Southndge project for which he is the developer. He said that water runoff from the property was being maintained with retention ponds as well as improving 132nd Street to the large wetland areas Mr Bumdge said water runoff for the new development would run along 282nd to the wetland water retention area. Communication ensued between Mr Dowell and Mr. Bumdge regarding similar developments located close to the proposed development site. r Land Use and Planning Board Minutes November 23, 1998 Page 5 Ms. Zimmerman questioned Mr. Burridge on how many homes could realistically be built on the proposed site. Mr. Bumdge estimated 40 to 45 homes could be built on the site with consideration taken for the required 100 foot buffering requirements for the wetland areas Chair Bell asked Mr. Bumdge if he believed the drainage for his neighbors would improve as a result of the retention ponds. Mr Bumdge responded affirmatively. Ron Harmon asked Matt Jackson where public water was located in proximity to the subject property. Mr. Jackson deferred to City Engineer, Gary Gill who stated that Water District 101 serves the area. City Engineer, Gary Gill stated that the proposed area is part of a very sensitive and highly regarded wetland system that is a salmon-beanng tributary to Sees Creek. The setbacks required from the parameters of the wetland system and the stream are 100 feet Mr. Gill spoke at length in regards to how development density relates to trip generation on the arterial roadway system He stated that based on the development constraints on this site, the impact to the road system will not be increased substantially. Mr. Gill assuaged Mr. Dowell's concerns in regards to the density of development that could be • developed on this site. Mr. Gill stated that the wetland areas on this site would severely restrict development of six units per acre and that the underlying County's original zoning allows for 3.71 units per acre #CPA-98-2(D)/#CPZ-98-4 COSTANZO AMENDMENT Senior Planner Kevin O'Neill stated that this is a proposal to change the comprehensive plan and the zoning map designation for two properties from Single Family/6 units per acre to Neighborhood Commercial. The property is located east of the intersection of 116" Avenue Southeast and Kent Kangley Road at 11715 and 11733 Kent Kangley Road. Mr. O'Neill said that last year a similar request was considered for the lot located at the southeast comer of 116th Avenue Southeast and Kent Kangley Road He stated that the lot immediately to the west of these two lots is designated commercial and the lot on the southeast corner of Kent Kangley was approved for commercial with a condition that right-of-way be dedicated at the intersection of 116th and Kent Kangley Mr O'Neill explained that that intersection is the northern terminus of the 277th Corridor, which will become a major intersection with extensive improvements associated with it. Mr O'Neill said that two issues were considered in analyzing this proposal potential impacts to the transportation system, specifically at the intersection of Kent Kangley and 116°i, and impacts to adjoining single family residences. Mr. O'Neill defined the property designations of the properties surrounding the subject property Mr O'Neill said that this proposed rezone would move existing commercial zoning two parcels further east, bringing it closer to existing single family residences. Mr O'Neill stated that since the properties are fairly large a method could be potentially developed to buffer potential commercial development from the residential properties. r • Land Use and Planning Board Minutes November 23, 1998 Page 6 Mr. O'Neill stated that the applicant discussed potentially consolidating all four properties to allow for one consolidated development, assuming that the property on the corner is effectuated as a commercial parcel Mr. O'Neill said that property consolidation could minimize impacts to the property as it would allow for better ingress and egress to the site and allow for better buffering as there would be more flexibility in siting the development on the site so as not to impact property owners. Mr. O'Neill said the possibility exists that the property could be developed as four distinctive stand alone commercial developments. Mr O'Neill stated that the status of the comer parcel is uncertain and by moving the commercial area further east, this could pose a negative impact on the adjoining single family residents Mr. O'Neill stated that the inability to determine how the ingress and egress from the property would be accomplished could impact the intersection Staff recommends denial of this proposal. Mr Gill referred to the ITE(Institute for Traffic Engineers) Trip Generation Manual while speaking at length on potential peak hour trips that could develop as a result of development of the site. Mr. Gill stated that Public Works objective in building the 277" and 196"' corridors is to move commuters through the city and into the outlying areas in a safe and efficient manner Mr Gill stated • that when you introduce commercial sites at major intersections, trips in and out of those sites increase substantially creating the serious potential for vehicular accidents and creating gridlock at those intersections, reducing the level of service that those arterials can provide. Chair Bell said that if the market demands commercial development, than that type of development should take place. Karen Rehkop,24633 156`"Avenue Southeast, Kent,WA stated that she is the owner of the two middle properties situated in the center of the four properties under proposal She stated that the conditions for the corner property have been resolved and that the convemence store on that property had been rezoned to neighborhood commercial four years ago. Ms Rehkop stated that her property located at 11715 Kent Kangley Road is under consideration as part of this proposal. Ms Rehkop said that she has owned this property for 20 years and purchased the adjoining property with anticipation of growth in that direction. She stated that she anticipates this property could accommodate a development that would care for the needs of the surrounding property owners as well as compliment the community with an aesthetically pleasing landscape plan. Ms. Rehkop stated that at the present time,the four properties can be entered at road grade level She stated that the residential development abutting up to the proposed property sets below the level of the properties and is separated from the properties by a high fence. Ms Rehkop said that a plan is in place for the four properties to share ingress and egress to the properties, lessening the impact on Kent Kangley Road Mr. Hannon noted that the south end of the property is below street grade facing the single-family residences. He asked Ms. Rehkop if she planned to cut and fill that area Ms Rehkop stated that she felt it would be necessary to cut and fill that area to create a uniform look. In response to Mr. Malik's question,Ms. Rehkop said that four driveways entered onto Kent Kangley from her property with a two-way left turn lane provided on Kent Kangley. • Land Use and Planning Board Minutes November 23, 1998 Page 7 Donna Remmer, 11733 Southeast Kent Kangley, Kent, WA said her family owns the property located next to Karen Rehkop's and she would like to see the property converted to commercial as it does not lend itself to single family development She stated that traffic from the road generates a high volume of noise. Ms Remmer said that Kent Kangley Road is dark and it would be beneficial to have more lighting installed. Martin Durkan, Jr., 330 Southwest 43'd Street, Renton,WA stated that he represented property owner Mr. John Titus last year when he was granted a conditional rezone on his comer property. The conditional rezone was based on Mr Titus dedicating a portion of property for a street right-of-way for the new corridor running along the property Mr Durkan stated that after negotiations were completed with the city regarding right-of-way easements, it was determined that a larger portion of property would have to be dedicated than originally anticipated decreasing the size of the developable property. Mr. Durkan stated that he consulted with the adjoining property owners to formulate a site plan that would benefit all property owners by integrating development of the separate properties Tlus would create property that would be more suitable for development. Mr. Durkan said that he has executed an agreement with the adjoining property owners to consolidate usage of the current driveways, • decreasing the number of access points from 6 or 7 down to 2 driveways. This should have a positive impact on the transportation infrastructure that currently exists. Terry Zimmerman asked Mr Durkin how the residential properties would be buffered from the development Mr. Durkin explained that the buildings are designed with tiles which absorb sound, acting as acoustical buffers from the noise He said that sidewalks, landscaping, as well as the building design would act as a visual screen buffer. Mr. Richard Constanzo, 24310 Crystal Lake Place, Woodinville, WA said that he was the applicant for this project He stated that the properties should be looked at as an island of commercial property versus a fragmented development He spoke at length about proposed methodology to divert traffic as well as deal with traffic generation as a result of new development. Mr Constanzo stated that there is a cross access and parking agreement with the contiguous corner property owners. He concurred that buffering is of paramount importance with 30,000 cars traveling on Kent Kangley Road daily Mr Constanzo stated that any commercial buildings erected would mitigate noise for the properties located to the south Mr. Constanzo stated that development of the property would take place on the 2.62-acre parcel fronting Kent Kangley Road as well as at the intersection of 116th He stated that development might be considered close to 264th. CPA-98-2(111)/CPZ-98-8 HOULE AMENDMENT Planner Matt Jackson explained that this application is submitted by Mr. Les Houle. He stated that • the parcel of land consists of 6 32 acres The property is located at 25840 135 Lane Southeast at the head of Lake Meridian next to the Pink Thunderbird Mobile Home Park. Mr. Jackson stated that a prior proposal request was submitted for the Lewis property to change the land use designation from multifamily to a duplex designation. He said that the current request is . Land Use and Planning Board Minutes November 23, 1998 Page 8 for a land use designation change from SF-6 single family/6 units per acre to SF-8 single family/8 units per acre and a change in zoning from SR-4.5 to SR-8 Mr Jackson stated that this change would increase the single-family residential density. Mr Jackson stated that two houses as well as 16-18 rental suites are on this property with public access to a community beach. He stated that under the current zoning of SR 4 5, a tentative plat meeting was held with the applicant as a means to determine how the property could be developed as well as look at the expense involved in developing the property Mr. Jackson stated that as a result of the meeting, the applicant was required to improve 135' Avenue South, from 256'to their property Mr Jackson stated that the cost of development would be unfeasible considering the property density. He said the applicant is requesting higher density to offset the cost of development. Mr Jackson stated that staff reviewed the property and determined that improvements were necessary for the street system as well as on site retention for water drainage Mr Jackson said that Lake Meridian is a shoreline of statewide significance and a permit is required for development within 200 feet of the shoreline. He said that the site offers unique opportunities for additional home ownership near the lake Mr. Jackson said that Kent's Comprehensive Plan has several goals and policies supporting the establishment of new single family residential neighborhoods and public access to amenities such as the lake. Mr Jackson stated that within a SR-8 zoning designation, the land can be developed with lot sizes of 7600 square feet or 4.5 units per acre as well as developed with lot sizes of 4000 square feet or 8 units per acre. Mr Jackson stated that staff believes that it is in the best interest of the city to allow for smaller lot development to encourage the affordability of home ownership near the lake. Mr Jackson stated that it is likely that the developer would provide for community beach access. Staff recommends approval of this application Chair Bell submitted a letter from Mr. Dick Lamb for the record as Exhibit 94,voicing opposition of development to the property at 25840 135t' Lane SE. In response to Sharon Woodford, Mr. Jackson stated that the only access road to the property and neighboring properties is 135th Lane SE with no plans in place for an additional roadway Mr. Jackson stated that prior to the Meridian annexation, this property was under the junsdiction of the county Under county regulations, Planned Unit Developments (PUD's) were allowed with attached or clustered housing while maintaining open areas within the underlying density. Mr. Jackson said that this area is not developed exclusively for single family detached housing, as there are attached duplexes and triplexes located near this project In response to Mr. Dowell, Mr Jackson stated that no building codes were enforced regarding single • family attached units other than a planned unit development must be developed as condominiums on a minimum of 100 acres. Mr. Malik voiced his concern that roadway improvements should be completed prior to any development of property. Mr. Jackson stated that developers are required to put up a bond exceeding i . Land Use and Planning Board Minutes November 23, 1998 Page 9 the proposed cost for necessary improvements such as roadways and complete construction prior to any building permits being issued Mr. Jon Nelson, 320 2nd Avenue South, Kirkland,WA stated that he is employed with Peterson Consulting and along with Cam West represents Les Houle He stated that a new residential development with a single-family density of 8 units per acre would provide a density transition between the mobile home park on the west and the larger lot residential neighborhoods to the east. Mr.Nelson stated that this development would provide affordable single family housing and provide a visual buffer for the adjoining properties. Mr. Charlie Denny, 25702 135`h Place Southeast, Kent, WA said that he has resided in the Lake Meridian area for 26 years. Mr. Denny voiced his opposition to a residential development that would increase the housing density by 40 or 50 additional homes He stated that 135th Place is the only street to and from the proposed site The additional homes would impact a street that already accommodates 100 trailers, 21 homes and 18 cabins Mr. Eric Clarke,924 Bellevue Way NE, Suite 101, Bellevue, WA is employed with Cam West Development Mr Clarke submitted a packet of aerial photographs illustrating the two successful in-fill communities of Lakeview Park in Kirkland and Kelsey Creek in Bellevue. These photographs were submitted for the record as Exhibit #5 Mr Clarke stated that his company is working in conjunction with Mr. Les Houle and Mr Jon Nelson of Peterson Consulting in designing a traditional neighborhood for the Lewis property. Mr Clark stated that developing detached homes at 8 units per acre(approximately 40-45 units)will provide a superior in-fill community,quality and affordability as well as a neighborhood with a sense of community Mr Clarke stated that he would be glad to coordinate a tour of the Kelsey Creek and Lakeview Park projects if planning staff and the Board was interested. City Engineer Gary Gill spoke at length about density impacts to the area. Mr. Gill stated that he felt a 36-foot wide neighborhood collector street would be adequate He said that the city would require the developer to complete off site improvements to 256' Street. Mr. Gill said that the developer would have to provide a minimum 24 foot wide, two-lane roadway with widened and paved shoulders, and full curb gutters. Mr Harmon asked Mr Gill if egress and ingress for the existing neighbors would improve as a result of the new development Mr Gill responded in the negative as trip generation would increase He explained that safety within the area would improve as a result of widening the lanes and providing adequate shoulders with walkways. Mr. Harmon asked Mr. Gill if the Fire Department has been involved with this proposal Mr. Gill stated that staff works closely with the Fire Department in establishing minimum lane widths of 28 feet on local access streets allowing room for an emergency vehicle to navigate. Conversation ensued between Mr. Harmon and Mr Jackson regarding allowable density for the proposed development. Mr Jackson stated that the developers would have to provide for a nght-of- way as it is currently nonexistent. i i • Land Use and Planning Board Minutes November 23, 1998 Page 10 Mr. Malik asked Mr. Jackson how much of the property would be set aside for beachfront usage. Mr. Jackson stated that the City has provisions in place for plats of 5 lots or more where the developer would dedicate either 5% of the total plat area or pays a fee to provide parks in the area. CPA-98-2(A)/CPZ-98-1 BRUTSCHE AMENDMENT Mr Jackson stated that this application is submitted by Leo and Norma Brutsche. Mr Jackson said the property is located at the southwest corner of 132"a Avenue Southeast and Southeast 256"' Street and is approximately .98 acres in size Mr Jackson stated that the applicant is requesting a change to the land use designation from SF-6/Single Family 6 units per acre to Commercial and the zoning designation from SR-6/Single Family Residential/ 6 units per acre to General Commercial. The applicant would like to provide a corner grocery store. Mr. Jackson stated that the neighboring land j use designations are residential and this development would create a new commercial node on 132"a and 256". Mr. Jackson stated that the main issue is if merit exists in creating a commercial development at this site. He stated that existing commercial nodes at 240' and 132"d are developed with offices and an QFC shopping center Mr. Jackson stated that the Lake Meridian Plaza is located south of the proposed site at Kent Kangley and 132nd with a Fred Meyers and several restaurants Both shopping centers are located less than one mile from the proposed site and still have room for expansion Mr. Jackson stated that the Public Works department is concerned with the high volume of traffic in the area of 256th and that this area is slated for improvement within the next two years under the single family residential zoning currently in effect. Mr Jackson stated that staff recommends denial of this request. Beverly Riedler, 13110 SE 258' Street,Kent,WA stated that she resides adjacent to the proposed property and supports staff s recommendation for denial Ms Riedler submitted a letter for the record as Exhibit#6. She voiced her concern over the impact that this development would generate in terms of increased noise volume as well as flooding the residential area with light Ms Riedler stated a commercial development in this area would generate the potential for pedestrian as well as vehicular accidents as both arterials are heavily traveled Ms. Riedler stated that in 1997, 21,400 cars traveled through the intersection at 132nd and 12,000 cars traveled through 256th. Mr. Jackson submitted letters from Paula Egbert for the record as Exhibit #7, from Mr. and Mrs. Roland Darling as Exhibit #8, and from Mr. Bill Eastman as Exhibit #9 voicing concern over development of this project. Mr. Dave DeHart, 13121 Southeast 258* Street,Kent,WA stated that he resides in an adjoining neighborhood with the youngest children Mr DeHart said that he supports staff s recommendation for denial He stated that this proposed development would increase traffic density, creating a safety risk to the children in the neighborhood. He stated that he does not wish to view a commercial business from his residence. • Mr. Lee Robertson, 13104 SE 258`" Street, Kent,WA stated that his property is adjacent to Mr. Brutsche's property and he supports staff s recommendation for denial He voiced concerned about the increased traffic generation as a result of this development Mr Robertson stated that Ms. Claudia Odic, Head of the Kent School District's Transportation Department, will not allow a bus stop at the end of their street due to the high volume of traffic already occurring. Land Use and Planning Board Minutes November 23, 1998 Page 11 Ms. Pam Robertson, 13104 SE 2580' Street, Kent,WA stated that she concurs with her neighbors in supporting denial of this proposal She stated that she is opposed to increasing the volume of traffic and noise levels Ms. Robertson stated that existing commercial is adequate She said that this proposed section of land is a small section of Mr Brutsche's property Ms Robertson said if this property is zoned commercial, the remainder of his property could potentially become zoned as commercial, creating a highly congested intersection. Mr.Jerald Cline, 823 Joshua Green Building, Seattle, WA represents Mr. Brutsche. Mr. Cline submitted material in support of a Soos Creek County convenience store for the record as Exhibit #10. Mr Cline explained that convenience stores are typically located in residential areas Mr. Cline stated that a convenience store is a mixed-use enterprise He said that it meets the land use goals of the comprehensive plan to encourage corner stores and establish a quality of life that encourages pedestrian access for commercial establishments or retail use Mr. Cline stated that the proposed area currently does not offer adequate retail areas He stated that people are driving from Soos Creek and the Meridian Lake area to the East Hill commercial area, increasing traffic density. The market suggests locating small convenience stores within residential areas to serve the community. Mr Cline explained that since the adoption of Kent's Comprehensive Plan in April 1995, several changes have occurred in Kent He stated that the most important change was the annexation of the Meridian area formerly under the county's zoning regulations Mr. Cline stated that this is the first review request for this area under the City of Kent's regulations. Mr. Cline addressed the concerns of the neighbors. He explained that there is a natural buffer on the property the Brutsches will use to develop their convenience store The buffer will screen Brutsche's property from the Robertson's subdivision and from the property of the other folks. Mr Cline stated that Mr Brutsche owns the property to the west of the proposed site He said that Mr Brutsche would dedicate a right-hand turning lane that so that vehicular traffic traveling east on 256th will be able to enter and leave the proposed store's property safely. Mr. John Casey, 12719 Southeast 254`h Place, Kent, WA stated that he opposes rezoning this property and is recommending that this proposal be denied. Mr. Casey said that numerous convenience stores, grocery establishments and gas stations are located within one mile of Mr. Brutsche's property. He stated that a general commercial designation would be a drastic change from the current single family designation #CPA-98-2(B)/CPZ-98-2 SHULMAN AMENDMENT Mr. Jackson stated that this proposal submitted by Jack Lynch requests a land use change from Commercial to Low Density Multifamily and the zoning from General Commercial to MR-G Garden Density Multifamily/16 units per acre The property is 7 5 acres in size and is located 700 feet west of Pacific Highway South on the south side of Kent-Des Moines Road. Mr. Jackson stated that Mr. Lynch submitted a similar proposal last year for a medium density multifamily designation with a zoning of MRM/23 units per acre Mr Jackson stated that staff revised that request and recommended approval at 16 units per acre under MRG zoning. Mr Jackson said that both the Board and Council denied the proposal. . Land Use and Planning Board Minutes November 23, 1998 Page 12 Mr. Jackson stated that the City of Des-Moines surrounds the property on three sides. There are significant environmental constraints connected with any development on this property The headwaters of Massey Creek are located on this property. Mr. Jackson stated that the City of Des-Moines has incorporated this area in their comprehensive plan with a townhouse designation of 10-12 units per acre. Mr Jackson stated that staff believes that the information received this year was not significantly different from last year's request Mr. Jackson stated that staff recommends denial of this request. Mr. Robert Ruth, 805 South 219" Street, Des Moines, WA is a Senior Planner with the City of Des Moines He states that the City of Des Moines bound the proposed property on three sides. Mr. Ruth stated that he concurs with the City of Kent Planning staff that this proposal be denied and that the MR-G density designation would overwhelm the site's carrying capacity. Mr Ruth stated that City of Des Moines staff believes that 50%of the site consists of sensitive areas comprised of steep slopes,wetlands, streams and the headwaters of Massey Creek (a critical drainage basin which experiences frequent flooding). Mr. Ruth said that density should not be increased in an area that is enamoured by sensitive areas. He stated that although an effort has been made to . protect the wetlands and buffers, slopes would be recontoured, cut and filled. Mr Ruth said that if development occurs the disturbance to the land would affect drainage patterns throughout the site and down through the basin. Mr Ruth spoke at length about the increase in traffic generation that would occur. He stated that the Des-Moines intersection of Pacific Highway South and the Kent Des Moines Road is a failing intersection located Just a few hundred feet from the site Mr. Ruth stated that no improvements have been made to the frontage road adjacent to the proposed site to accommodate this type of development. Mr Ruth stated that the Kent Des-Moines Road arcs so that site distance to and from the site is impaired. Mr.Jack Lynch, 1001 Northeast Boat Street, Seattle,WA stated that he represents the applicant. He stated that the site is west of Pacific Highway south and consists of 8 5 acres Mr Lynch said that one acre located west of the proposed site is zoned commercial and is located within the City of Des-Moines. He stated that a deed restriction would be placed on that parcel of land to inhibit development. Mr. Lynch stated that site conditions dictate what type of development will take place. He stated that a wetlands and topographic study has been completed as well as a traffic analysis Mr Lynch said that the site is heavily wooded. Development would be concentrated on 35 to 40 percent of the site located on the north side of the property. Mr. Lynch stated that the proposed development would allow for a maximum of 78 two-story high townhouse units, consisting of nine two stones buildings. Mr Lynch said that the building density . would equate to 10 5 units per acre. He stated that sixty percent of the site would be retained in its natural state with approximately 3.5 acres of developable land Mr Lynch stated that a townhouse concept would be a good transition in this area. Mr Lynch said there is commercial development to the east and north with existing multifamily and single family • Land Use and Planning Board Minutes November 23, 1998 Page 13 housing to the southwest. Mr. Lynch stated that clustered development is conducive to this site with the environmental constraints associated with this land. Martin Durkin, Jr.,330 Southwest 43" Street, Renton, WA stated that he worked with Mr. Shulman on last year's project He said that the City of Kent recommended approval of a 140 unit multifamily project last year. Mr. Durkin stated that the outcome from the Council's deliberations indicated that they did not want further multifamily development in Kent Mr. Durkin stated that he worked with City Attorney, Mr. Lubovich to prepare a townhouse ordinance. He stated that the ordinance was not completed and the only ordinance currently in effect allows for 110 unit Planned Unit Development. Mr Durkin disagreed with the City of Des-Moines assumptions that the steep slopes will be cut down and wetlands disturbed. He stated that the City of Des-Moines has submitted a proposal to widen Des-Momes Way. Mr. Durkin stated that the City of Des Moines would be cutting down the slopes and that the city has plans to turn the wetlands into a regional detention area that would create a tremendous disturbance within this sensitive area Mr Durkin said that the representative with the City of Des-Moines failed to explain that this property is under possibility of future condemnation. Mr. Durkin stated that he asked Mr. Shulman to submit a substantially different request this year • committing to development of townhouse condominiums and reducing the number of units from 140 to 70, substantially less than the property can carry. Mr. Durkin said that the market dictates a need for affordable townhouse condominiums and that this development would act as a buffer from the commercial development and multifamily housing. He would appreciate the City's support in favor of this proposal. Chair Bell announced that the Board should consider the Mower/Tonelli Amendment then close the public hearing, continue with deliberations and voting and hold a continuance of the public hearing on Monday, November 30 at 7.00 p in to hear the remainder of the code amendments. Mr. Dowell was in favor of continuing the hearing until all the amendments had been heard Mr. Dowell moved to continue the hearing process until completion. Motion died for lack of a second. Chair Bell apologized to the public for having to set through the hearing on amendments that did not pertain to them and for their patience in having to return on November 30. #CPA-98-2(E)/#CPZ-98-5 MOWER/TONELLI AMENDMENT Matt Jackson submitted a letter from the City of Des-Moines for the record as Exhibit #11. Mr. Jackson stated that Mr Dana Mower on behalf of Mr Tonelli submits this proposal. The property is located on 88' Avenue South and South 218"' Street and is 6 9 acres in size The applicant is requesting a change in land use from Industrial to Low Density Multifamily and a change in the zoning from Commercial Manufacturing 1 to (MRG) Garden Density Multifamily. Mr. Jackson stated that Mr. Tonelli owns an adjacent piece of property zoned MR-G and is • requesting that the two properties be joined together to build a multifamily project. Mr Jackson stated that the neighboring land use is (CM) Commercial Manufacturing which allows for a wide range of light manufacturing and heavy commercial uses. Mr. Jackson said that there is a range of industrial uses of similar nature in the vicinity as well as large-scale multifamily projects located south of this proposed site. t i • Land Use and Planning Board Minutes November 23, 1998 Page 14 Mr. Jackson stated that the site is located on a substandard road fronted by SR-167 and encounters high noise levels He said that the applicant has not been able to market the proposal for commercial manufacturing because of its size and because it is located next to multifamily zoning. Mr Jackson said that there would be difficulty in developing this site for multifamily residential use as the site is located up slope from the freeway and experiences high noise impacts He stated that staff would need to consider converting existing industrial land to residential Mr. Jackson stated that the City of Kent serves as a focal point for regional and industrial land and serves as the core for warehouse distribution and industrial uses in the region. Mr. Jackson said that each year the Growth Management Act requires Kent to complete a capacity analysis on residential carrying capacity and the city's potential for industrial growth Mr Jackson stated that there is a lack of available commercial manufacturing land in Kent and the region Mr Jackson said that it is in the best interests of the city to protect available commercial property. Mr. Jackson stated that staff recommends denial of this proposal. Mr. Rich Tonelli, 22440 88`h Avenue South,Kent,WA stated that he is the applicant and resides on the last 20 acres of the farm of which 6.9 acres is part of the proposed rezone area He said that his family has been a part of the Kent Valley since 1910 and his property was originally part of a working farm until the 1960's when SR-167 divided the property into three parcels. • Mr Tonelli stated that development of the property should be in the best interests of the city as well as suit their own interests. He stated that a multifamily (PUD) Planned Unit Development was approved in the 1980's and expired as no one was interested in buying the property Mr Tonelli stated that split zoning on the 20-acre parcel has made it difficult to develop the land and stated that two offers have been received for the 20 acres to develop multifamily housing. Mr. Tonelli said that if multifamily housing were developed under the current zoning, residents would have to travel through existing industrial property to enter the residential development Mr. Tonelli stated that the portion of the property zoned for multifamily development is located at the back portion of the 20 acres with a steep slope and is difficult to develop. He voiced his believe that if the entire 20 acres were developed as multifamily, this would be advantageous in that 5 to 7 acres of the slope can be left as undeveloped land. Roberta Marta, 502 16"' Street Northeast, Suite 312, Auburn, WA represents Dana Mower and DBM Consulting Engineers. She stated that their client, Rich Tonelli has been a long time member of the community and would like this project to be in the best interest of the community Ms. Marta explained that DBM Consulting respects staff's decision to recommend denial. She stated that the proposal is requesting rezoning Lot 1 and Lot 2 to MR-G Garden Density Multifamily Residential District from Commercial in order to maintain consistent zoning throughout the property and eliminate safety issues associated with leaving the property to the west commercial. Ms. Marta submitted preliminary site plans for the record as Exhibit 912 Ms. Marta referred to the • site plans in speaking at length on what they were proposing for the area Ms Marta said that a traffic analysis was completed comparing commercial and residential traffic impacts to the area Ms. Marta stated that the report indicated that a residential development would alleviate traffic locally and regionally. Land Use and Planning Board Minutes November 23, 1998 Page 15 Ms. Marta submitted an article from the South County Journal as Exhibit# which addressed the demand for multifamily housing in the community. Ms Marta said that this project would provide affordable housing, with easy access located immediately adjacent to employment centers in the valley Gary Volchok, 1420 5'Avenue, Suite 1700, Seattle,WA stated that he has served the Kent Valley as a real estate agent with CB Commercial for 30 years Mr Volchok stated that he has worked with Mr Tonelli over the years to sell his property. Mr Volchok said that selling this property has proved difficult due to the split zoning and the way in which the property would need to be developed with the CM-1 zoning located at the bottom portion and residential development at the top of the property Mr. Volchok stated that portions of the top 8 acres of the property are cannot be developed due to sensitive areas. He stated that approximately 12 acres are developable due to financial constraints. Mr. Volchok spoke on the access and safety issues that would be encountered by the need to enter the multifamily development through the Commercial Manufacturing zoned property. Mr. Volchok stated that he has inventoried the industrial properties in Kent and Auburn and concurs with staff that industrial zoning is at a critical mass within the Kent Valley He spoke at length on • defining commercial zoning and stated that he felt that this property should not be used for commercial development Mr. Volchok stated that he has checked with other multifamily realtors in the valley and has been informed that there is a shortage of available MR-G land in the Kent Valley for building affordable multifamily housing. Mr. Volchok stated that he favors multifamily development for this property. He stated that this property is located in close proximity to the freeway interchange as well as being close to employment centers decreasing commute time Communication ensued between the Board and Mr. Volchok for clarification on where ingress and egress is located for the multifamily project abutting up to the proposed property as well as where access would be for the proposed property. Mr. Malik asked Mr. Volchok how new development would affect the intersection at 228'and north Central Mr Volchok stated that more vehicular traffic would be generated no matter how the property is developed He stated that a tentative traffic analysis of the area indicated if the property was developed with multifamily, there would be less trips generated then if the property was developed with a combination of industrial and multifamily. Terry Zimmerman MOVED and David Malik SECONDED a motion to close the public hearing. Motion carried. Brad Bell voiced his intent to allow the Board to deliberate and vote on the six individual code amendments with continuance of the public hearing to November 30 to hear the remainder of the amendments. Mr Bell asked Assistant City Attorney Laurie Evezich if this would be acceptable. Ms Evezich concurred Land Use and Plannin • g Board Minutes November 23, 1998 Page 16 CPA-98-2(C)/CPZ-98-2 BURRIDGE AMENDMENT Chair Bell said this is a request to change the land use map designation from SF-3 Single Family Residential/3 units per acre to SF-6 Single Family Residential/6 units per acre and the zoning map designation from SR-3 Single Family Residential/3 units per acre to SR-6 Single Family Residential/6 units per acre. The property is located east of 135`h Avenue Southeast and north of 282"d Staff recommends approval of this amendment. Ron Harmon expressed his desire for the property to remain zoned as SF-3. The Board members with the exception of Mr Dowell concurred. Steve Dowell MOVED and Terry Zimmerman SECONDED a motion to recommend denial of this amendment Motion earned. CPA-98-2(D)/CPZ-98-4 COSTANZO AMENDMENT Chair Bell said that this is a request to change the land use map designation from SF-6 Single Family Residential/6 units per acre to Commercial and the zoning map designation from SR-6 Single Farmly Residential/6 units per acre to NCC Neighborhood Convenience Commercial District. The property is located along 116`h and Kent Kangley Highway Staff recommends denial of this amendment • Planning Manager Fred Satterstrom announced that regrettably an erroneous public notification may have occurred and that the surrounding property owners within a 300-foot radius had not been properly notified as required by law Mr Satterstrom extended apologies to the Board,the applicant as well as all others in attendance concerning this amendment He stated that although the site was properly posted, surrounding property owners will need to be renoticed and the amendment reheard by the Board Mr Satterstrom respectfully requested that this amendment not be acted upon until staff has ascertained the exact facts. Laurie Evezich recommended that proper notification should be given if it was not initiated correctly. She stated proper notification involves questions of fundamental fairness under the Due Process Clause of both constitutions Ms. Evezich recommended that the Board should move to remove this item from the six amendments to be deliberated upon this evening. Mr. Satterstrom explained that a 10-day notification period is necessary prior to a hearing. He said when this hearing reconvenes on November 30, the Board will be informed at that time if this item will be rescheduled for the public hearing scheduled on December 14. 22(H)/#CPZ-98-8 HOULE AMENDMENT Chair Bell said that this is a request to change the land use map designation from SF-6 Single Family Residential/6 units per acre to SF-8 Single Family Residential/8 units per acre and the zoning map designation from SR-5 Single Family Residential/5 units per acre to SR-8 Single Family Residential/8 units per acre. The property is located at 25840 135`h Lane Southeast by Lake Meridian. Staff recommends approval Chair Bell stated that he concurs with staff s recommendation and believes that the developer has proposed a unique development. Chair Bell said that he believes the developer will comply with the requirements for sidewalks and address safety concerns as well as provides additional housing in the community Land Use and Planning Board Minutes November 23, 1998 Page 17 Mr. Hannon voiced his concern in reference to safety issues and traffic generation due to accessibility being limited to one way in and out of the property Mr. Harmon stated that he would like to see the city and developer find a way to develop more than one ingress and egress location or widen the street to allow room for emergency vehicles. City Engineer, Gary Gill stated that the main concern with this development last year was that a minimum of 24 feet of street width was required from 256th Street to the entrance of the site with a minimum of 6 foot paved shoulders or a walkway located on one side of the roadway Mr Gill said that this development must construct curb gutters and sidewalks along their sites with the same guidelines stipulated for last year. Terry Zimmerman MOVED and Ron Harmon SECONDED a motion to recommend approval of PA- - P - 1#C 98 2(H)/C Z 98-8 Houle Amendment Motion carved. #CPA-98-2(A)/#CPZ--98-1 BRUTSCHE AMENDMENT Chair Bell said this is a request to change the land use map designation from SF-6 Single Family Residential/6 units per acre to Commercial District and the zoning map designation from SR-6 Single Family Residential/6 units per acre to GC General Commercial District The property is located at the southwest corner of southeast 256" and 132"d Avenue South. • Steve Dowell MOVED and Terry Zimmerman SECONDED a motion to recommend denial of ECPA-98-2(A)/#CPZ-98-1 Brutsche Amendment. Motion carved unanimously. #CPA-98-2(B)/#CPZ-98-2 SHULMAN AMENDMENT Chair Bell said this is a request to change the land use map designation from Commercial to Low Density Multifamily Residential and the zoning map designation from GC General Commercial to MR-G Garden Density Multifamily The property is located 700 feet west of Pacific Highway South on the south side of Kent Des-Moines Road. Staff recommends denial . Ms. Zimmerman stated that she approves of this amendment contingent on the property being developed for home ownerslup Chair Bell and Sharon Woodford concurred with Ms Zimmerman. Ms Evezich stated that the Board does not have authority to amend the zoning code through this forum Ron Harmon MOVED and Sharon Woodford SECONDED a motion to recommend denial of this application Motion earned unanimously. #CPA-98-2(E)/#CPZ-98-5 MOWER/TONELLI AMENDMENT Chair Bell said this is a request to change the land use map designation from Industrial to Low Density Multifamily Residential and the zoning map designation from CM-1 Commercial Manufacturing to MR-G Garden Density Multifamily Residential/16 units per acre The property is located east of SR-167 at 88' Avenue South and South 288`h Street. • Chair Bell stated that he recommends approving the Tonelli Amendment He stated that Kent has encouraged development of multifamily housing in the valley for many years and that the location is conducive to this type of development. Steve Dowell MOVED and David Malik SECONDED a motion to recommend approval of the Mower/Tonelli Amendment. Motion carved unanimously. Land Use and Planning Board Minutes November 23, 1998 Page 18 Steve Dowell MOVED and Ron Harmon SECONDED a motion for continuance of the public hearing on Monday, November 30 to hear the remaining code amendments and to remove the Costanzo Amendment from deliberations. Motion carried. ELECTION OF OFFICERS Chair Bell opened the meeting for nominations. Steve Dowell NOMINATED and Sharon Woodford SECONDED a motion to appoint Ron Hannon to the position of Chairman. Ron Hannon accepted. Sharon Woodford NOMINATED and Jon Johnson SECONDED a motion to appoint Terry Zimmerman to the position of Vice Chair. Terry Zimmerman accepted. Steve Dowell MOVED and Sharon Woodford SECONDED a motion for a unanimous ballot for the positions of Chair and Vice Chair Motion Carried. ADJOURNMENT Ron Harmon MOVED and Terry Zimmerman SECONDED a motion to adjourn. Motion carved. The meeting adjourned at 11.15 p.m. I • Respectfully Submitted, James P Hams Secretary i i