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HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 08/23/1999 CITY OF Q\IL�� qJim White, Mayor Planning Department (253) 856-5454/FAX(253) 856-6454 James P Harris, Planning Director LAND USE & PLANNING BOARD MINUTES Public Hearing August 23, 1999 The meeting of the Kent Land Use and Planning Board was called to order by Chair Ron Harmon at 7 00 p m. on Monday, August 23, 1999 in Council Chambers of Kent City Hall. LAND USE & PLANNING BOARD STAFF MEMBERS PRESENT MEMBERS PRESENT James P Harris, Planning Director Ron Harmon, Chair Fred Satterstrom, Planning Manager Terry Zimmerman, Vice Chair Kevin O'Neill, Senior Planner Brad Bell Matthews Jackson, Planner/GIS Coordinator Jon Johnson Tom Brubaker, City Attorney Sharon Woodford Pamela Mottram, Administrative Secretary • LAND USE & PLANNING BOARD MEMBERS ABSENT Steve Dowell, Excused David Malik, Unexcused APPROVAL OF MINUTES Jon Johnson MOVED and Brad Bell SECONDED to approve the minutes of June 28, 1999 as read. Motion Carved. ADDED ITEMS TO THE AGENDA #ZCA-99-2 Off-Premise Signs Zoning Code Amendment update. COMMUNICATIONS None NOTICE OF UPCOMING MEETINGS None #AZ-99-1/CPA-99-1 HORSESHOE ACRES ANNEXATION Planner Matthews Jackson presented staff s recommendation for the 63 acre Horseshoe Acres annexation. The annexation site is located south of south 259t', east of the Green River, west of the railroad tracks and north of the Green River in the horseshoe bend on the south side of the city. . Mr Jackson stated that the Horseshoe Acres annexation area was approved by the City Council June 15 and officially became part of the City of Kent on July 1, 1999 with an interim zoning of SR-2. 220 4th AVE SO, /KENT,WASHINGTON 98032-5895/TELEPHONE (253)856-5200 Land Use and Planning Board Minutes August 23, 1999 Page 2 Mr. Jackson stated that SR-2 zoning is given to all newly annexed areas until at which time public - hearings are established to set annexation zoning and complete any comprehensive plan amendments required as a result of zoning changes. Mr. Jackson stated that this meeting is the first of a minimum of three public hearings that this annexation process will undergo. He stated that City Council is required to hold two public hearings with a minimum of thirty days apart for annexation zonings Mr Jackson stated that staff has evaluated two zoning and land use alternatives He stated that King County's land use designation for this site has been Industrial Mr. Jackson said that this site was designated in the City of Kent's 1995 Comprehensive Plan land use map as part of the potential annexation area of the City of Kent and given an Industrial designation by the City Council at that time Mr. Jackson stated that under King County's jurisdiction, two zoning designations were present with the majority of the site zoned Industrial and three lots zoned R-I He stated that even though three lots had a land use designation of Industrial they had a zoning designation of R-1, Residential-One Dwelling Unit per acre. • Mr. Jackson stated that Alternative One would match the City of Kent designations to the previous King County designations by retaining the (1)Industrial land use designation with one dwelling unit per acre to maintain consistency with the City of Kent's Comprehensive Plan. The three other lots would be designated as SF-1 in order to maintain zoning consistency. Mr. Jackson stated that Kent is looking at two zoning designations for the majority of the site consistent with the (1) Industrial land use designation. Staff recommends (M-1) Industrial Park zoning which is the least intensive industrial use typically consisting of warehouse distribution type operations. Mr. Jackson stated that on the three lots with the County's R-1 designation, the City would apply SR-1 (Single Family Residential/One Dwelling Unit per Acre density) Mr Jackson stated that SR-1 is actually a residential agricultural designation allowing for similar type uses as King County's previous zoning Mr Jackson stated that staff recommends this zoning as Alternative One. Mr Jackson stated that Land use Alternative Two proposes changing the site to(I) Industrial and the zoning to M-1 Mr Jackson stated that staff recommends that the Board consider Zoning and Land Use Alternative 2 to amend the Kent Zoning Code for the Horseshoe Acres annexation area to M-1. He stated that this would not require an amendment to the Comprehensive Plan Mr. Jackson stated that even though most of the site is zoned for industrial use the majority of the individual lots are currently used as residential use Mr. Jackson said that this is an area transitloning • to industrial uses with a large warehouse distribution project in progress on the southern portion of the site. Mr Jackson stated that it is not staff's intention with this recommendation to force 1 Land Use and Planning Board Minutes August 23, 1999 Page 3 conversion to industrial use but rather to maintain consistency with policy established in this area over the last few years Sharon Woodford MOVED and Terry Zimmerman SECONDED to open the public hearing Motion carried. Sharon Ellis, 26524 79" Avenue south stated that she owns the lot north of the industrial area currently zoned residential and would like to see it remain residential Mr Jackson stated that the County zoned Ms Ellis's lot residential. Mr. Hams stated that Alternative Two recommends zoning the site 100% Industrial. Chair Ron Harmon addressed Ms. Ellis's concerns that her property be retained as single family residential. He stated that the Board would weigh all information presented to them along with her testimony. Board member Brad Bell asked Ms. Ellis if she understood that she could continue to live in her residence as single family with an Industrial zoning designation Ms Ellis voiced concern that a change to Industnal zoning could affect her tax rate, creating a financial hardship as she is on a fixed income Kevin Phelps,Triple A Auto Wrecking, 26311 78' Avenue S. stated that he wanted clarification that the annexation area does not include the 78" Avenue site Mr Hams concurred with Mr Phelps by stating that the annexation area is located on the East Side of the river and Triple A Auto Wrecking is located on the west side of the river and will remain in the county. Jon Johnson MOVED and Brad Bell SECONDED to close the public hearing. Motion carried. Board member Terry Zimmerman asked Matt Jackson to explain what the potential tax impact would be to Ms Ellis's property if her parcel were to be rezoned from residential Mr. Jackson stated that all the lots are currently being used as single family residents and are zoned Industrial with Industrial land use designation. Mr. Jackson stated that it is staff s understanding that the County is assessing properties based on what they are being used for and said that he believed Ms Ellis's taxes would not increase based on a change in zoning. Mr Jackson stated that if Ms Ellis's property were to be zoned single family and the land use was designated single family, this would require completion of a comp plan and zoning amendment. Planning Director, Mr. Hams stated that property can only be assessed based on use and not on speculative use of property He stated that either a state law or Supreme Court case set the method on how land value is assessed • Board member Sharon Woodford stated that she would like to be assured that if Ms Ellis's property was rezoned to Industrial that it would not change her taxes Mr Harmon voiced his concern as well . Land Use and Planning Board Minutes August 23, 1999 Page 4 and stated that even though the law stipulates that property value will be assessed based on value, there is no assurance that legislature will not change the law in the future He stated that he would like to see Ms. Ellis's property remain zoned as single family. Mr. Jackson stated that there are 41 residents residing in the annexation area living on single family lots with Industrial zoning with the exception of the three parcels noted Mr Jackson stated that he observed no other citizens at the hearing objecting to their tax rates. Board member, Brad Bell asked Mr. Jackson if the Planning Department would have a problem with compmg this site at M-1 and leaving the zoning Residential. Mr. Jackson stated that State law through the comp plan requires the City of Kent to be consistent between the land use plan and the zoning. Mr Harris stated that the City could be challenged if an applicant requested a land use comprehensive plan designation, which differed from the zoning designation. Mr Harris deferred to Deputy City Attorney Tom Brubaker. Deputy City Attorney Tom Brubaker said that he concurs with Mr Hams and Mr. Jackson's statement that the City must maintain consistency between the zoning map and the comprehensive plan designations • Board member Jon Johnson stated that land use has progressively changed in the Valley over the years. He stated that since the County has designated this area as industrial it should remain industrial for consistency. Terry Zimmerman stated that she supports Alternative 1 and does not favor Alternative 2 as she believes that the Board can not assure her that Ms Ellis's property taxes would remain the same if the City changes the zoning on her property Sharon Woodford stated that although she sympathizes with Ms. Ellis, her neighbors are predominately zoned Industrial. Ms Woodford stated that based on the knowledge that property taxes should not increase with a zoning change, she voted in favor of Alternative 2. Ron Harmon voiced his opposition to Alternative 2 as he felt that he could not be reassured that Ms. Ellis's taxes would remain the same if the annexation site was changed to M-1 Ron Harmon voted in favor of Alternative 2 Brad Bell MOVED and Jon Johnson SECONDED to accept staffs recommendation for Alternative Two to zone the entire 4AZ-99-1iCPA-99-1 Horseshoe Acres Annexation area to M-1 Industrial. Motion carved three to two with Brad Bell, Jon Johnson and Sharon Woodford voting in favor of the motion. Motion Carried. • Terry Zimmerman asked staff when the City Council meeting would be scheduled for the Horseshoe Acres Annexation. Matthews Jackson stated that the City Council hearing would be scheduled for September 21, 1999. Mr. Jackson stated that he would be glad to research the tax issue in Land Use and Planning Board Minutes August 23, 1999 Page 5 conjunction with the other lots that are already zoned single family He stated that staff could not guarantee that tax levels would remain the same but believes that land values have not decreased in this area for many years. Mr Jackson stated that if taxes were to increase, there would be factors that determine that beyond the City's zoning Mr Jackson noted that any parties of interest would be notified of the two upcoming Council hearings. ADDED ITEM #ZCA-99-2 Off-Premise Signs Zoning Code Amendment Mr Hams stated that at the request of Council President, Leona Orr, the #ZCA-99-2 Off-Premise Sign Amendment should be revisited by the Land Use &Planning Board(LUPB) for further review as a decision was not reached at the Public Works/Planning Committee. Mr Hams stated that this item has been heard at the April 12, 1999 LUPB public hearing meeting and then sent on to Council. Mr Hams stated that under the Council's new rules of operation, the Board's recommendation moved directly to the Public Works/Planning Committee and not on to the Council as a Whole Mr. Hams said that he recalled the LUPB's consensus was that they stood by their original recommendation of"no net gain". . Tom Brubaker stated that he attended the last Public Works/Planning Committee workshop where discussion ensued on billboards He said that a couple citizens from the Northpark area of Kent expressed their desire to have billboards removed entirely from the City Tom Brubaker stated that Council member Rico Yingling expressed his discontent that the Public Works/Planning Committee had previously voted for the business community to hold a meeting with the citizens and the staff in attempts to work out an alternative solution. Mr. Brubaker stated that the Public Works/Planning Committee Chair Tim Clark wishes to set the date for another public hearing on#ZCA-99-2 Billboard Regulations/Off-Premise Signs amendment Ordinance at their next meeting on Wednesday the 8' of September. Mr. Brubaker stated that at the conclusion of that hearing, he could not predict the outcome He stated that further action could occur in the form of a changed recommendation, a changed ordinance or possible approval or denial of the same ordinance. Ms. Zimmerman inquired that as a point of procedure, would it be appropriate for the City Council to consider this issue and than turn it back to the Public Works/Planning Committee Mr. Brubaker stated that a Council procedure has not been established with regard to this issue and that the Off- Premise Sign Amendment occurred at a time when procedural changes took place and this item was caught in the cross current Mr Brubaker reiterated that that Planning staffs' understanding was that the off-premise sign • amendment ordinance would return to the Full City Council after reconsideration by the Land Use and Planning Board as requested by City Council President Leona Orr. Land Use and Planning Board Minutes August 23, 1999 Page 6 Mr Brubaker said that it is his understanding that this item will return to the Public Works/Planning Committee and it has not been heard before the City Council Brad Bell stated that he was privileged to watch a televised Council meeting concerning#ZCA-99-2 Off Premise Sign issue He stated that he felt Tom Brubaker did an excellent Job of expressing the LUPB's point of view as well as bringing a sense of reason to this issue Mr. Bell said that Tim Clark apologized to the LUPB members, as he is aware of the confusion that has been created over this issue He expressed his appreciation to Tom Brubaker for accurately conveying the opinion of the LUPB over this matter Chair Ron Harmon stated that the purpose of the Board is to receive and process public testimony than forward the Board's recommendations on to the City Council for their decision. Mr. Harmon stated that the Land Use and Planning Board members volunteer their time to attend workshops and receive public testimony at LUPB hearings each month He stated that if the labors of the Board are being directed to the Public Works/Planning Committee than let them hold the public hearings Mr Harmon stated that it looks as if the PW/PC is moving in that direction. • Chair Harmon stated that on behalf of the Land Use and Planning Board he is requesting that the Board receive a letter from the City Council providing them with directives on how the Board should proceed with their recommendations as well as clarifying where the recommendations should move forward to after being heard by the Land Use and Planning Board. Planning Director, Jim Hams stated that the Council decided at retreat to have all Human Service Commission and Land Use and Planning Board deliberations, public meetings or hearings proceed to an appropriate committee. Mr Harris stated that one glitch with the off-premise sign issue is that it continues to be passed back and forth between the Land Use and Planning Board and the Public Works/Planning Committee. Mr Harris stated that overall; the Planning department understands that public hearing items held by the LUPB goes to the PW/PC and he concurs with the Board that they should receive a letter of clarification from the Council. Ron Harmon suggested allowing the City Attorney's office or the Planning Committee to generate this letter on behalf of the Board under his signature Mr. Hams asked Mr. Harmon if he understood that as Chair of the Board that he is permitted to write a letter or memo addressed directly to City Council President Leona Orr requesting that the Council respond to the LUPB Brad Bell shared that at the retreat, Tim Clark stated that as the Chair of the PW/PC he has the power to reopen public hearings Brad Bell stated that current procedures dilute what the LUPB tries to accomplish and this makes the Board feel less important Brad Bell stated that as a citizen, if he wanted to speak on a City issue, he would not want to attend ten different meetings on the same issue. He stated that he sees this occurring with the billboard issue as citizens have been given Land Use and Planning Board Minutes August 23, 1999 Page 7 numerous opportunities to share their input. Brad Bell expressed his view that if the Public Works/Planning Committee wants to take over the LUPB responsibilities that he has better ways in which he could use his time every other Monday night Ron Harmon stated that the Land Use and Planning Board's public hearing is held in the evening and is conducive to those who get off work at 5 or 6 00 p in to be able to attend a public hearing and present testimony. He stated that as he recalls the Public Works/Planning Committee meeting is held between 3 and 4 00 p in. making it difficult for citizens to give their input if they are at work. Mr Harmon stated that the Board would like to inform Leona Orr of their concern and would appreciate receiving a written response. Brad Bell MOVED and Terry Zimmerman SECONDED to close the meeting. Motion Carried. ADJOURNMENT The meeting adjourned at 7:45 p m. Respectfully Submitted, Ja s . Hams retary _t �Y "C