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HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 11/29/1999 CITY OF �� Jim White, Mayor IN VICTA Planning Department (253) 856-5454/FAX(253) 856-6454 James P Harris,Planning Director LAND USE & PLANNING BOARD MINUTES Public Hearing November 29 1999 The meeting of the Kent Land Use and Planning Board was called to order by Chair Ron Harmon at 7:20 p.m on Monday, November 29, 1999 in Council Chambers of Kent City Hall. LAND USE & PLANNING BOARD STAFF MEMBERS PRESENT MEMBERS PRESENT James P Hams, Planning Director Ron Harmon, Chair Fred Satterstrom, Planning Manager Brad Bell Matthews Jackson, Planner/GIS Steve Dowell Diana Nelson, Planner Jon Johnson Justin Osemene, Asst City Attorney David Malik Pamela Mottram, Admin Secretary Sharon Woodford •LAND USE & PLANNING BOARD MEMBERS ABSENT/EXCUSED Terry Zimmerman, Vice Chair APPROVAL OF MINUTES The minutes of November 22nd has been moved to the January 24 public hearing for approval. ADDED ITEMS TO THE AGENDA None COMMUNICATIONS None NOTICE OF UPCOMING MEETINGS Planning Director, James Harris announced that a tentative continuance hearing is set for Monday, December 13 concerning 4CPA-99-3 (J) The City of Kent Finance Department's capital improvement program amendment 1999 COMPREHENSIVE PLAN OVERVIEW Planner, Matthews Jackson explained the procedural process for reviewing and hearing comprehensive plan applications. He stated that the applications are reviewed citywide and staff bases their recommendations on the following three standards of review criteria: ♦ that the amendments do not result in development that would adversely affect public health, safety and general welfare, and ♦ that the amendments are based on new information at the time of adoption or on circumstances that may have changed since the adoption of the comprehensive plan that warrant amendment, and 220 4th AVE SO, /KENT WASHINGTON 98032-5895/TELEPHONE (253)856-5200 Land Use and Planning Board Minutes November 29, 1999 .Page 2 ♦ that the amendment is consistent with other goals and policies of the comprehensive plan and will maintain concurrency between the land use, transportation, and capital facilities elements of the plan Mr Jackson stated that staff anticipates sending the amendments to City Council in January, 2000 with the Land Use and Planning Board's recommendations for final review and decision. #CPA-99-3 (A)/CPZ-99-1 CAIRNES AMENDMENT Planner Diana Nelson spoke in the absence of Kevin O'Neill. She stated that the subject property consists of one tax lot approximately 1.18 acres in size located at 14845 SE 264th at the intersection of 264th and the Soos Creek trail, approximately 300 feet west of 148th Avenue Southeast. Ms. Nelson stated that the existing comp plan designation for the parcel is SF-I, Single Family, one unit per acre with a proposed comp plan designation of SF-3, Single Family, three units per acre Ms.Nelson stated that the existing zoning is SR-1, Single Family, one unit per acre with a proposed zoning change to either SR-2 or SR-3, both of which are consistent with the comp plan designation of SF-3. Ms Nelson stated that the site currently contains one single-family residential dwelling unit and is generally flat with no wetlands. She stated that the property is surrounded to the north and west by low-density single family residential uses and that King County owns parcels to the south and southeast of the site as part of Soos Creek Park •Ms Nelson stated that the surrounding parcels are designated SF-1 and zoned SR-1 with parcels to the west of 148th Avenue Southeast designated as SF-6 and zoned SR-4 5. Ms Nelson stated that the Sees Creek trail is located immediately east of the site with a parking lot for the park located south of the site. Ms. Nelson said that there are three single family residences located west of the site which abut 148th Avenue Southeast Ms Nelson stated that access to the subject property is from Southeast 264th Street,which is not currently built to residential standards She stated that if this application is approved and the property divided into an additional lot, the applicant would be required to participate in the cost of improving 264th Street. Ms. Nelson stated that an urban separator designated this property in King County's Comprehensive Plan (adopted in 1994),prior to annexation by the City of Kent Ms Nelson stated that the zoning for the parcel was R-1, one unit per acre She stated that King County's Comprehensive Plan contains several policies defining urban separators as "low-density areas within the urban growth area that create open space corridors and provide visual contrast or buffer to continuous development between cities. " Ms Nelson stated that urban separator designations were generally applied to undeveloped land or underdeveloped parcels located near existing open space corridors or environmentally sensitive areas. Ms Nelson stated that at the time of adoption of Kent's Comprehensive Plan in 1995, there were no designated urban separator areas within Kent's city limits, therefore, the City's comprehensive plan does not include goals or policies specifically addressing urban separators. Ms. Nelson stated that properties with urban separator designations were annexed into the City at the time •of the Meridian Annexation in 1996. She stated that when zoning for that area was improved some of the urban separator areas were given higher single family zoning designations while others remained at low- density ' Land Use and Planning Board Minutes November 29, 1999 Page 3 Ms. Nelson stated that the proposed site is appropriate for low-density residential and that a zoning designation of SR-2 would allow for one additional lot to be created resulting in two lots approximately one half acre in size per lot. Ms.Nelson stated that the creek as well as the open space along the creek function as an affective buffer and urban separator She stated that SR-3 zoning would allow three additional lots to be created resulting in lots smaller than the existing adjoining lots. Ms. Nelson stated that the lot sizes of the proposed parcels are approximately 29,000 square feet in size and there are other single family lots in the adjoining area that vary in size from 32,000 square feet to over one acre. Ms. Nelson stated that since the property is 51,778 square feet in size, two lots would average approximately 26,000 square feet each equivalent to existing surrounding lots to the west ranging from 28,000 to 29,500 square feet She stated that these lot sizes do not conform to the current SR-1 zone with a minimum lot size of 34,500 square feet Ms. Nelson stated that changing zoning to SR-2 would result in development compatible with the surrounding area which would not unduly burden the transportation network and would continue to preserve the low density nature of the area. Ms Nelson stated that staff recommends a SF-3 designation and a rezone to SR-2, not SR-3 as requested by the applicant. Ms. Nelson stated that the application only considers the applicant's property. However, there are three parcels to the west of the subject property that are also designated SF-1 and SR-1 which do not currently Smeet the minimum lot size requirements for that zone and offered the option to the Board to consider changing the comp plan designation on those three parcels as well to SF-3 Ms Nelson stated that if the Board chose to pursue the aforementioned option, staff recommends that an additional hearing be held with a public notice sent to the effected property owners, allowing them the opportunity to be involved in the process Ms Nelson said that since the property owners have not requested a zone change at this time, staff does not propose a zone change at this time. She stated that by changing only the comp plan designation the entire area's designation would remain similar, giving a more consistent look to the comp plan map. Sharon Woodford MOVED and Steve Dowell SECONDED to open the public hearing. MOTION carried. Carol Cairnes, 14845 SE 264th St., Kent, WA stated that as the applicant she is requesting dividing her property into two parcels to remain consistent with the half acre parcels abutting her property. Joe Miles, 24639 156th Avenue, Kent, WA stated that he is the President of Friends of Soos Creek Park, a nonprofit corporation committed to the enhancement of Soos Creek Park He submitted a report for the record as Exhibit #1 Mr Miles stated that the corporation's primary objection to both the Cannes and Pacific Industries amendment relate to increasing density in the urban separator that serves as an open space buffer to Soos Creek and the Soos Creek trail. Mr. Miles stated that in 1990 the State Legislature passed the Growth Management Act (GMA) and subsequently amended the GMA in 1991 requiring adoption of County wide planning policies. Mr Miles .stated that the King County Council adopted the County wide planning policies in 1992, which were subsequently ratified by the City of Kent. Mr. Miles read, for the record, from a significant countywide land use policy LU-27 relating to urban separators Mr Miles emphasized critical portions of the policy relating to urban separators as "permanent low density lands which protect adjacent resource lands, rural areas and environmentally sensitive Land Use and Planning Board Minutes November 29, 1999 Page 4 areas. . "Mr Miles stated that in 1994 the King County Comprehensive Plan designated this area as urban separators and in 1995 the zoning within that urban separator was designated as one unit per acre Mr Miles stated that the intent of the urban separator is to buffer Soos Creek and the Soos Creek Trail from higher density. Mr Miles said that he refutes the section of the staff report stating that "nothing in the City's comprehensive plan relates to urban separators. Mr Miles said that Soos Creek is a valuable fisheries resource,utilized by several salmon species including Chinook and that Soos Creek Trail is designated as a regional trail serving a large community and several jurisdictions. Mr. Miles stated that subsequent to this proposed amendment both the Meridian and Meridian Valley Annexations annexed parts of this urban separator. He stated that the City of Kent should strictly adhere to the County wide planning policy LU-27 to not redesignate the property to a higher density for the twenty year planning cycle Mr. Miles said that the City of Kent should receive approval and concurrence from King County prior to modification of the development regulations. Mr Miles voiced concern over road standard impacts that could result from rezoning the Cairnes property. He stated that 264th Street is a dead end street serving over four homes with no emergency turn around and consists of gravel with no drainage controls, no detention, no water quality treatment nor a conveyance system. Mr. Miles stated that the intersection of 148th and 264th has limited site distance to the north for southbound traffic movement and that actual site distance standards should be 490 feet. Mr Miles stated that it appears that only 300 feet is available at this intersection. ,,that Miles stated that the Carmes two-lot short plat would probably not be subject to drainage review or to full improvements of this roadway as the property consists of less than 5,000 square feet of impervious surface. Mr Miles stated that there is a sentence in the City of Kent's comprehensive plan that states "the City is incorporating the Soos Creek Land Use Map which is one unit per acre on an interim basis until an interlocal agreement is reached between the City and King County regarding growth targets for the area " He questioned if the interlocal agreement was ever established Mr. Miles said that the Kent City Code Section 12.02050 states that there are three standards by which amendments are reviewed. Mr. Miles said that the second standard is based upon new information not available at the time of the comprehensive plan's adoption or where circumstances have changed since the adoption of the plan Mr Miles questioned what new information and change in circumstances since 1995 would warrant an increase in density. Mr. Miles stated that he recommends denial of the Cairnes amendment as the proposed rezone is not compatible and suggested retaining the current zoning of one dwelling unit per acre Marc Imlay,24625 148th Ave SE, Kent,WA stated that he is treasurer of the Friends of Soos Creek Park and said that his main concern is that the park and trail be protected. He voiced concern that approval of this amendment could function as a precedent for increasing zoning density in this sensitive area i Faith Wilson, 15011 SE 264th St., Kent, WA said that she has resided in the area 27 years. Ms Wilson *questioned how the City of Kent would address needed road improvements as the roadway in the area of the Cannes driveway tends to settle and sink. Ms. Wilson questioned if the Caimes would continue to use their well or hook into city water and voiced concern over the aquifer's capability to handle additional houses Ms Wilson stated that she opposes a rezone. Land Use and Planning Board Minutes November 29, 1999 Page 5 Bob Nelson, 24048 156th Ave SE, Kent, WA stated that he is a member of the Covington Planning Commission He said that his testimony expresses his personal feelings and was not representative of the City of Covington, the Planning Commission or any staff member of the City or elected official Mr. Nelson stated that the county wide planning policies include a consistency requirement and these comprehensive plan amendments would intrude into that urban separator which was set up to specifically discourage the encroachment of housing directly up to the edge of the trail or stream. Mr Nelson stated that King County's zoning of one unit per acre should be retained and voiced opposition to this property being rezoned to two or three units per acre Mr Nelson encouraged the Board to consider that if this rezone is approved, this could set precedence for future infringement into sensitive areas Mr. Nelson stated that he believes this amendment is inconsistent with the County wide planning policies and with the Growth Management Act and urged the Board to reject this amendment Brad Bell MOVED and Sharon Woodford SECONDED to close the public hearing. Motion CARRIED. City Engineer Mr. Gill stated that although SE 264th is a public right-of-way, it is a gravel roadway and therefore not maintained He stated that the road currently serves four residences as a private access driveway for their homes. Mr. Gill stated that in conjunction with any future development the roadway would have to be improved with asphalt to a specific width per City standards. Mr. Gill stated that the road improvements would likely trigger requirements for storm water detention and treatment He stated that as this site is located in a sensitive area and in close proximity to Soos Creek, City staff would analysis the site from an environmental perspective. Mr Gill stated that the City could require treatment and detention even if the property does not exceeds the five thousand square foot size requirement as set by Cities standards. Mr. Gill stated that this property is serviced by King County Water District #111 jurisdiction. Mr. Gill stated that he believed the property owner would be able to use their private well system as long as the well met current standards Mr. Gill stated, however, that the property owner would need to work in conjunction with King County Health Department, State Department of Ecology and the local water purveyor to determine the viability of the well. Planner Diana Nelson quoted extensively from King County's Land Use Policy 27 on urban separators. She stated that the urban separators seem to be at the center of the controversy regarding this amendment She said that a portion of the policy states that "maintenance of these urban separators is a regional as well as a local concern Therefore, no modification shall be made to the development regulations governing these areas without King County review and concurrence " I Ms. Nelson spoke at length on the City of Kent's Comprehensive Plan's definition of higher and urban densities She stated that a considerable amount of development has taken place in this general area since 1995 and when an applicant requests additional density, staff looks at what would be considered appropriate for the area based on the nature of the land and what has occurred in the surrounding areas Planning Manager Fred Satterstrom said that an interlocal agreement concerning growth targets did not exist between King County and the City of Kent and stated that an agreement existed for the processing and disposition of building permits. Mr Satterstrom stated that the City of Kent completed a capacity analysis and looked at existing zoning as an attempt to ascertain a growth target at the time the Meridian Annexation took place. Land Use and Planning Board Minutes November 29, 1999 Page 6 Mr. Satterstrom stated that the Urban Separator policies were not a concern to City of Kent at the time Kent adopted their own comprehensive plan as the Meridian area was not annexed at that time He stated that urban separators become an issue as the City begins to annex territory east of the City of Kent. Mr Satterstrom urged the Board to move staff s recommendation on to the City Council, as the City's legal department is currently analyzing what would occur if Planning staff decided to move ahead with an action that would oppose the County wide planning policy. Mr Satterstrom stated that the City does not have an established urban separator definition established. Mr. Satterstrom stated that from the City of Kent's perspective, low density is defined as three units or less and the Growth Hearings Board would stipulate that a density of four units or less per acre is not considered dense enough for urban development Mr. Satterstrom stated that although staff s recommendation of two units per acre is an increase in the existing density, it is not out of character with the development adjacent to the west of the site. Steve Dowell MOVED and Brad Bell SECONDED to close the public hearing. Motion carved. Steve Dowell stated that he recognizes the sensitive nature of this property and voiced concern that the density of development would be greater than this parcel of land could accommodate He voiced opposition to this amendment as it could adversely affect public health, safety and general welfare Brad Bell concurred with Mr. Dowell in opposing this amendment Jon Johnson stated that approval of this amendment infringes upon the urban separators and voiced his opposition. Sharon Woodford concurred with the other Board members in voicing her opposition Chair Ron Harmon concurred with the Board members to deny this amendment Steve Dowell MOVED and Brad Bell SECONDED to deny Staff s recommendation to approve CPA-99-3 (A)/CPZ-99-1 Cairnes Amendment on the basis that it would adversely affect public health, safety and general welfare. Motion tamed unanimously #CPA-99-3 (1D)/CPZ-99-4 PACIFIC INDUSTRIES, INC. AMENDMENT Diana Nelson said that the proposed site is located at 24039 146th Place Southeast on the eastern edge of the City abutting Southeast 240th Street. She stated that the site consists of one-parcel 8 6 acres in size Ms. Nelson stated that the existing plan designation is SF-1, single family, one unit per acre and the proposed plan designation is SF-6, single family, six units per acre. Ms Nelson stated that existing zoning is SR-1, single family, one unit per acre and the proposed zoning is SR-6, single family, 6 05 units per acre. She said that the parcel currently contains one single-family residential unit and has steep slopes on the north and eastern portions of the parcel Ms. Nelson stated that single family residential development exists in varying densities surrounding the property She stated that the Loe Estates Subdivision, home to the Ridgefield and Ridgecrest development is located to the west and south of the subject property and is zoned SR-4 5 Ms Nelson stated that the subdivision was platted in 1992 under King County with an average lot size of 10,000 square feet *Ms. Nelson stated that at the time of platting, King County zoning was SR-9600, which equates to the County's current R-4 zoning She stated that at the time the plat was approved 146th Avenue Southeast was developed leading to the southern portion of the site Ms. Nelson stated that access to the subject property is available from the road to the south and from an easement extending south from Southeast 240th. Land Use and Planning Board Minutes November 29, 1999 *Page 7 Ms Nelson stated that parcels to the northwest and east of the property are over an acre in size and zoned SR-1 She stated that King County owns the parcels to the north across Southeast 240th as part of Soos Creek Park and that the park is located approximately 500 feet to the east of the property and the trail system is north and east of the site. Ms Nelson said that prior to annexation, the property was designated as an urban separator in the King County Comp Plan and zoned R-1. She stated that King County defines urban separators as "low-density, areas within urban growth areas that create open space corridors and provide visual contrasts or buffers to continuos development between cities" Ms Nelson stated that one on the County's comp plan policies defines urban separators as permanent low- density lands, which protect adjacent resource lands, rural areas and environmentally sensitive areas Ms. Nelson stated that the steep slopes on the land are not suitable for development and are part of the reason why this has been designated as an urban separator. She stated that at the time the Kent Comprehensive Plan was adopted in 1995, there were no urban separator lands within city limits and this area only came into the City in 1997 with the Meridian Valley Annexation, at which time, those urban separator lands were annexed to the City. Ms Nelson spoke at length on Kent's Comprehensive Plan Land Use Policy 8.1, referring to densities within the potential annexation areas as well as Goal LU-20 that referred to the protection and enhancement of environmentally sensitive areas. *Ms. Nelson stated that this parcel is located at the edge of urban development to the west and south and open space corridors along the creek. She stated that there is a natural urban separator of steep slopes located along the northern and eastern boundaries of the site. Ms. Nelson stated that both the south and western portions of the property are not environmentally constrained and would appear to support higher density development While the applicants have requested SR-6 zoning, staff does not feel that this is compliant with the surrounding property densities and that four units per acre or SR-4.5 is a more appropriate density. Therefore, staff recommends that the proposed plan designation be changed from SF-1 to SF-5 and that the zoning on the property be changed from SR-1 to SR-4 5 in lieu of the SR-6 zoning as requested by the applicant. Ms. Nelson stated that a survey has not been completed to determine how much of the acreage consists of steep slopes and it appears that two-thirds of the property is level enough for residential development. Ms Nelson stated that there is not an abutting road connection to the west and the easement to the north is too dangerous to be considered as a viable access point for the property She concurred with Ron Harmon that the only viable access to the site would be directly through the neighborhood to the south. Jon Johnson MOVED and Steve Dowell SECONDED to open the public hearing. Motion carried. Denny Holt, 1215 S Central,#211,Kent,WA submitted a map for the record as Exhibit 42 He stated that he represents Pacific Industries Mr. Holt stated that the geography and topography of the property does not lend itself to a development of 6 units per acre Mr. Holt stated that Mr Miles points are well taken relative to urban separators, the lustory of the GMA and the goals and objectives of preserving the park and open space along the creek Mr Holt stated that the urban separator issue should be discussed further between the City Council and the County Mr Holt continued to speak at length on what defines urban separators. Land Use and Planning Board Minutes November 29, 1999 Page 8 Mr Holt stated that the proponents for this amendment concur with staff that urban densities should be considered as four units per acre to adequately support urban services He stated that although the proposed site consists of 8 6 acres, potential development consists of 25 lots, which equates to 3 units per acre. Mr. Holt stated that he is aware that adequate access would need to be determined for the site. John Carlson, 24322 147th Ave SE,Kent,WA said he is the President of the Loe Estates Homeowners Organization representing the Ridgefield and Ridgecrest development located south of the proposed site. Mr Carlson stated that the homeowners felt that they had not been given a long enough notification time prior to the public hearing He stated that there are 123 residences in their development of which 54 received notification who reside within the 300-foot radius of the proposed zone change. Mr. Carlson stated that the recipients had only three business days to put together their presentation due to the holidays Mr Carlson spoke at length on safety issues connected with increased vehicular traffic as well as ingress and egress through his community He stated that if the proposed site were to be developed with 25 homes, this could equate to between 250 and 300 more vehcular trips in and out of their existing neighborhood per day. Mr Carlson voiced concerns over environmental hazards including drainage issues and the loss of natural vegetation and animal habitat. Mr Carlson stated that the homeowners association desire more time to work on their opposition of this proposal and further said that the association collected 90% of residential signatures in the form of a petition requesting continuation of the hearing at a later date Charles Olson, 14533 SE 243rd Place, Kent, WA stated that he resides in the community next to the proposed site. He stated that 146th Place was developed in anticipation of the possible extension of the Ridgefield neighborhood into that proposed area. Mr. Olson voiced his concern over potential safety hazards with increased traffic in the area. Mr Olson stated that the proposed property functions as a catch basin during the spring and fall and said that if development occurs, this would necessitate containing and rerouting the water. Joe Miles, 24639 156th Ave SE, Kent, WA reiterated that his prior testimony regarding urban separators applies to this issue as well. Mr. Miles submitted a letter for the record as Exhibit #3 He stated that as President of Soos Creek Park, he is committed to its enhancement and protection Mr Miles stated that he opposes the Pacific Properties Amendment primarily due to the urban separator issue and the specific impacts associated with development of those properties. Mr. Miles felt that staff was reinterpreting the County wide planning policy LU-27 in order to accommodate higher density development whereas the policy clearly says ".. shall not be redesignated for higher density " Mr Mites stated that this policy is a regional issue that should be considered at the county level. Mr Miles stated that the purpose of the urban separator is to protect the Soos Creek Trail (designated as a regional trail) and Soos Creek, which contains the salmonid species including the Chinook salmon. *Mr. Miles stated that since an interlocal agreement was never established, this would indicate that existing zoning should remain the same. Mr Miles said that there are safety concerns connected with Southeast 240th providing access to both the existing neighborhood as well as generating additional traffic for a proposed new development site He stated that Southeast 240th has limited sight distance and in event of an emergency, a single entrance could block accessibility to the community. Land Use and Planning Board Minutes November 29, 1999 Page 9 Mr. Miles spoke at length on impacts associated with drainage issues and zoning compatibility with surrounding neighborhoods. Mr Miles reiterated that a condition for approving amendments must indicate that new information has been made available and that circumstances have changed He stated that the listing of Chinook salmon as endangered and the addition of the urban separator might warrant lower densities Mr. Miles recommended that this amendment be denied. Marc Imlay, 24625 148th Ave SE, Kent, WA stated that he concurs with Mr. Miles testimony and said that he is uncomfortable with what he perceives as Planning staff's inclination to redefine density as it swtes their needs in order to allow for more development. He voiced his concern over development infringing into the urban separator area. Gregory Cox, 24308 147th Ave SE, Kent, WA stated that he concurs with the previous opponents' testimonies He stated that his property backs up directly to the drainage area of the applicant's site and he observes the field retaining water during spnng and fall Mr Cox stated that the water slowly drams off, over the course of two or three days, by running through a drainage easement located on the back of his and his neighbor's property. Mr Cox stated that a significant wildlife populace resides in the area including red-tailed hawks, tree frogs, blue herons, ducks, deer and coyotes. Mr. Cox stressed his recommendation for denial Catherine Skinner, 24048 146th Place, Kent,WA stated that their property is located at the bottom of the hill with water draining across their property into a drainage conduit in the Ridgefield Development. She stated that water stands year round on her property and vegetative growth would support this. Ms Skinner stated that King County designated the hillside as erosion sensitive and a land slide area which should not be developed and stated that development of one home per acre would be reasonable She said that she concurred with Mr. Miles testimony. Ken Dickel, 14612 SE 243rd Place, Kent, WA stated that his biggest concern is with drainage issues He stated that he has observed water pooling in three locations on the proposed site that cascades down into his property. He stated that water runs into the drainage system on his property all winter long Mr Dickel stated that with an increase in density, the level of the land would have to be raised in order to develop this property, creating a land mass differential that would add additional drainage flow problems. Doug Spencer, 14515 SE 247th St., Kent, WA stated that he concurs with the previous speakers and opposes this amendment He stated that as a resident of King County for 45 years, he has seen the implementation of the GMA as a tool to inhibit destructive developmental growth within the community. Cathy Tillotson,24231 146th Ave SE, Kent,WA stated that her property is located on 146th and believes that her property would be greatly impacted with the possible development of 25 homes. She stated that as traffic travels into the neighborhood on her street, the increased trips would create safety hazards Ms. Tillotson stated that she would like to see this amendment denied. *Bob Nelson, 24048 156th Ave SE, Kent,WA restated his position that he does not represent the City of Covington, their staff, Planning Commission or elected officials Mr Nelson stated that his main objective to development is infringement into the urban separator, therefore, he does not want an increase in zoning. Land Use and Planning Board Minutes November 29, 1999 Page 10 Mr. Nelson spoke at length on urban separator issues and voiced his belief that the King County planning policies has specific requirements in place that would not allow for incremental deterioration of urban separator John Sluys,24122 145th Ave SE,Kent, WA stated that he lives in Ridgecrest, which borders the subject property to the west Mr Sluys submitted photos of the site along with petitions from the neighbors for the record as Exhibit #4. He stated that they refer to the subject property as the Lakes as it is usually flooded over during the year. Mr Sluys referred to the GMA in speaking to steep slopes on the subject property He said that Section 4.4 of the Comprehensive Growth Plan Inventory of Critical Areas specifically states that "the Growth Management Act requires cities to inventory, designate and protect through development regulations, all critical area and resource lands " Mr Sluys stated that these critical areas are further defined to "include geologically hazardous areas such as steep slopes " Mr. Sluys stated that he found it interesting that a recommendation was made to increase the zoning He stated that he received his public notice on the morning of December 20, a Saturday morning. He stated that only 50 homes received notification in a neighborhood where every home would be impacted by this request and felt that the notification time was inadequate, as there were only 9 days notice of which only 3 days were business days due to the holidays. Mr. Sluys stated that public notice boards should be positioned on sites where accessibility is readily available to the public. Bill and Mary Ann Solomon, 24606145th Place SE, Kent, WA voiced opposition to increasing density. Mr. Solomon stated that he is director of his home owners association and voiced concern that as density increases on the subject property located in close proximity to his neighborhood, that the residents may wish to use their neighborhood's playground. Mr Solomon stated that he would not be opposed to inviting others to use some of their facilities but felt that in fairness to his community, the new residential development should set up their own association as well as be required to establish their own playground area. He stated that the homeowner's in his community pay for the privilege of having this amenity. Vidya Shastri,24134145th Ave SE, Kent, WA stated that he resides in Ridgecrest and concurs with the previous speakers' testimonies He stated that he moved into this neighborhood as it exemplified a rural setting with its proximity to Soos Creek as well as being set back from the main road. Mr. Shastri stated that increasing density would intensify traffic hazards in the area of 240th and 144th. Debbie Elkan,24533 148th Lane SE, Kent,WA stated that the road leading to her home has flooded from drainage flowing down hill from Ridgefield through a pipeline in the hillside She stated that no drainage easement exists through her property and that her driveway washed out with a portion of her property flooding over and washing down into the neighbor's property. Ms. Elkan stated that developing additional 25 homes is going to negatively impact the existing drainage problem. She stated that she purchased her home with its 1 5-acre parcel for the rural beauty that exists within the current zoning. •Lowell Hess, 14425 SE 240th, Kent,WA stated that he is not opposed to development of this property and questioned if any space was dedicated for play ground areas. Scott Herder, 24157 145th Ave SE, Kent, WA stated that he is a resident in the cul-de-sac near the site. He stated concern over safety and traffic issues at the school bus stops as well as near the playground Land Use and Planning Board Minutes November 29, 1999 •Page 11 located on 145'. He stated that 18 youth under the age of 10 reside in his development and that vehicular traffic does not heed the posted 25-mile per hour speed limit. He concurs with the other speakers' testimonies and opposes this amendment. Wait Kuehithau, 24116145th Ave SE, Kent, WA stated that he observes six bodies of water setting on the proposed site from early fall to late spring He stated that he concurs with the prior speakers' testimonies and said that he felt betrayed by City staff Mr Kuehlthau said that he was pleased when his subdivision was annexed into the City of Kent two years ago He said that he attended every planning meeting and it was his understanding that the zoning would not change. Mr. Kuehlthau said that as he recalled at the time of annexation, in questioning Mr. O'Neill, he was informed that the adjoining property would remain zoned one house per acre due to the slope being undevelopable as well as the slope being designated as a buffer zone. Mr. Kuehlthau questioned what information has changed in two years for staff to consider higher density. He stated that he is not opposed to developing the area with one unit per acre but opposes clustered housing on small lots of 6,000 to 7,200 square feet Joe Harmon 24022 146th Place SE Kent WA stated that his roe is located directly east of the > property i"tY Y proposed property and voiced his opposition to this application He stated that he shares the use of a well with three other residents located on his property near the boundary with owners to the south. He voiced concern with water run off possibly contaminating the well. •Mr. Harmon stated that he is concerned with the increase in traffic and the safety issues that would arise with having only a single access point to the new development through their community Mr Harmon questioned how wetland issues would be mitigated He stated that two major lakes form on the proposed site, one through a dam created by an existing road with a small culvert David Leipham, 24110 145th Ave SE, Kent, WA stated that it was his understanding during the annexation process two years ago, due to the steep slopes part of the proposed site is not buildable. He stated that he understood that a single parcel of land could not be zoned with two differing zones Mr Leipham stated that 156°i Street fronts his home and questioned if the road was barricaded only until further development occurs. Mr Leipham questioned how an easement access from the north would effect 240th Joe Singh, 18124 Riviera Place,Normandy Park, WA stated that he is the owner of Pacific Industries. He stated that Joe Miles is a Senior Engineer with King County DDS who has worked on numerous plats including many of his own properties over the last ten years. Mr. Singh questioned the urban separator definition and if urban separators were established by King County or the Legislative branch of Government. Mr. Singh spoke at length on his interpretation of the Growth Management Act to enable developers to build on property within an established boundary that provides the community with fire,police,roadway, schools and park services. *Mr. Singh spoke at length on water retention system criteria and stated that he has complied with the standards set by both King County and other applicable government agencies to meet the rules and j regulations of the Service Water Management Act with his developments Land Use and Planning Board Minutes November 29, 1999 Page 12 Mr. Singh stated that he has been in the development business for forty years and believes that his developments improve the economic status of the community and provides employment for the construction industry Mr Singh stated that he is requesting a zoning of 3.5 units per acre and due to constraints on the property will not be able to develop the site at that level Mr. Singh spoke at length on the neighboring communities concerns with traffic and health issues Sharon Woodford MOVED and Jon Johnson SECONDED to close the public hearing. Motion carried. Planner Diana Nelson spoke at length on urban separator concerns. She addressed the conflict between the City of Kent Land Use Policy 8.1 regarding densities and King County's policy on urban separators in connection with zoning. Ms. Nelson stated that the City of Kent has a "Sensitive Areas Ordinance" which does not prohibit development on the entire parcel, only on those portions of the slope that fall within sensitive area guidelines She stated that staff believes that the upland portion of flat to rolling hills on the site is appropriate for development and considers the area along the creek and the roadway to provide adequate urban separators. Ms Nelson stated that Staff prefers not to split zoning on property. She stated that the applicant is asking for rezoning on the entire parcel with the knowledge that at least a third of the property is not developable at the requested density and that the remaining property can not be developed at a density of 6.05 units per acre. Ms. Nelson stated that the applicant wishes to develop the property at 3 5 units per acre but is requesting a higher density of 6.05 units per acre to allow for an appropriate number of lots to meet the cost of improving the land. She stated that the City of Kent does not have a clustering ordinance. Ms. Nelson deferred to City Engineer Gary Gill to speak to the issue of water detention and retention requirements. Ms. Nelson stated that a requirement does not exist for the construction of a playground as part of a development. She stated that the City Parks Department can require that a subdivision pay fees for City parks development and maintenance, or if the Parks Department request development of a park, they can require a donation of a portion of land in lieu of fees for construction of a park. Ms. Nelson stated that the City is in compliance with State and local regulations in noticing property owners within the 300-foot radius within the proper time frame. She concurred with the property owners that perhaps the City should consider a longer notification period to allow for public preparedness Ms Nelson stated that the City Council or Planning Board would need to initiate this issue, as a number of sections within the City Code would have to be amended. Ms Nelson stated that City regulations do not specify where a public notice board must be positioned on a proposed site but allows the City to require an applicant to post more than one board on a large site P P Y q PP P g .City Engineer Gary Gill stated that Soos Creek Sewer and Water District and King County Water District 111 serve property in the area of the proposed site. He stated that adequate utilities exist for extension to the proposed site Mr Gill stated that the City of Kent would require a public street extension into the proposed site. Mr Gill said that the City will look at access from the standpoint of what King County's intent was when they ' Land Use and Planning Board Minutes November 29, 1999 iPage 13 provided stub streets in that area Mr Gill stated that no access would be allowed onto 240'as that area is steep and does not allow for adequate site distance. Mr Gill stated that 146' St is a dead-end street with a type three barricade that would allow the County to continue development of the street for further development He stated that this roadway would provide the most logical and safest grade for primary access to the site and that a secondary access would be to extend 145" Mr Gill said that Kent's City Council has requested that the Public Works Department re-evaluate Kent's road standards, which includes connectivity within neighborhoods. Mr. Gill stated that the City of Kent would like to discourage construction of cul-de-sacs He stated that by providing alternative routes through a site, a safer environment is provided for police and fire vehicles as well as give the residents alternate ways to access and exit their neighborhood. Mr. Gill stated that the City has established a Neighborhood Traffic Control Program, as they are sensitive to public safety issues. He stated that residents of the site's adjoining neighborhoods have worked with the Public Works Departments on speeding issues and heavy traffic volume within their residential areas and encouraged them to continue to work with Public Works to explore methods of reducing traffic on their residential streets. Mr Gill stated that the City would participate with the neighbors by conducting speed studies and accident surveys. Mr. Gill stated that 144"' is the main access road into the site and was constructed as part of Lee Estates `Subdivision under King County's jurisdiction He stated that the road was intended to extend through to the south and provide a connection to Southeast 256`h Street Mr. Gill stated that the required road extension was appealed by the developer through the King County Hearing Examiner and Council The County upheld the decision to require that the road be extended although the extension never occurred and the City of Kent favors extension of this road as a means to provide a safe alternative route that would move traffic away from highly congested intersections. Mr. Gill stated that in the interim time since the appeal occurred, the property was annexed to the City of Kent and the road continuation is a legal issue that is being analyzed by the City of Kent's Law Department. Mr. Gill stated that the Public Works will consider slope stability, erosion and require that the developer conduct a geotechnical investigation and report to identify soil types, slope stability issues and what methods should be implemented to manage development on that site Mr Gill stated that Public Works considers this property as a highly hazardous area in that they would apply their strictest standards for storm water treatment and detention. Mr. Gill stated that typically there would be a required setback distance of 75 feet from the top of the steep slope,which would be left in its native vegetation as an undisturbed slope He stated that storm water would be collected and detained or retained and that each home would be required to install down spout infiltration systems so that a majority of the storm water will flow into the ground to help recharge the normal ground water in that area Mr Gill stated that residual water flow not percolating into the ground would be collected and conveyed through a detention system and then moved off site Mr Gill stated that the developer would be required to complete a downstream analysis to look at how storm water flows currently drain off the property Mr Gill encouraged the neighbors to work with Public Works in identifying where drainage problems exist. Land Use and Planning Board Minutes November 29, 1999 • Page 14 Mr. Gill stated that Public Works would typically require a developer to tight line storm water down to the point where it is not running off of the erosive hillside and then provide water treatment prior to discharge into Big Soos Creek Mr Gill spoke at length regarding the existing site distance problems associated with 144`h and 240' He stated that the site distance standards were established utilizing the American Association for State Highway and Transportation Officials Recommendations for Roadway and Geometric Design Mr Gill stated that as stated by the City Attorney's office, the road standards were predominately developed around roadways built in Arizona and southern California consisting of flatlands with infinite room for good visibility. Mr. Gill stated that as a condition of development, the developer and his engineer would be required to work with both the County Health Department and other regulatory agencies to assure that there would not be negative impacts on adjacent well sites. Mr Dowell stated that the Planning Department must comply with the State's Growth Management Act that stipulates limiting growth to areas within Kent's city limits where public facilities exist and encourages increased density in these areas while allowing for green space. Mr. Dowell stated that it seems the urban boundary issues have not been satisfied and thus recommended denial of this amendment. Sharon Woodford stated that water run off and retention from the steep slope on the subject property is of concern to her She stated that only one access point into this proposed site would increase traffic safety concerns. Ms Woodford stated that this property should be developed one unit per acre and voiced her opposition to this amendment. Mr. Bell noted that one speaker had implied that Planner, Kevin O'Neill had changed his land use position of two years ago at the time this property was annexed into the City of Kent. Mr Bell said that he has worked with the Planning Department staff over several years and has never dealt with a more intelligent, credible, open, honest and helpful group of people,which have the difficult task of determining appropriate use of land within the city. Mr Bell stated that he would not advocate increases in density and is concerned with urban separators He stated that he opposes staff s recommendation of increasing density. Mr Johnson stated that he opposes staff s recommendation due to drainage and water displacement problems as well as public safety issues due to road configurations with possible development of 8 units per acre. Mr Johnson stated that the public notice time lines and the locations for posting public notice boards need to be revisited in the future with a recommendation presented to the City Council from the Board Mr Harmon stated that he concurs with Jon Johnson with regard to increasing the notification time lines and perhaps to increase the 300' radius for public notification Mr Harmon encouraged the Public Works Department to actively pursue a solution with the Legal *Department regarding completion of 144°i St Mr Harmon stated that he votes to deny this application. Brad Bell MOVED and Steve Dowell SECONDED to deny staff s recommendation of approval for 4CPA- 99-3 (D)/CPZ-99-4 Pacific Industries Inc. Amendment Motion carried unanimously. Land Use and Planning Board Minutes November 29, 1999 • Page 15 #CPA-99-3 (G) FORTUNATO AMENDMENT Planner Matt Jackson stated that this application is to request only a comp plan amendment change with no rezone requested at this time Mr Jackson submitted a letter from Mr Kent L. Gilleland for the record as Exhibit#4. He stated that the letter indicates that Mr Gilleland is not opposed to Mr Fortunato developing his land under the current three units per acre zoning but opposes double density in this area Therefore,he is opposed to this amendment request. Mr Jackson stated that Mr Fortunato is requesting to change the land use plan map on property located at 27842 and 27854 132nd Avenue SE with the two lots consisting of approximately 6.75 acres. He stated that the current land use designation is SF-3, single family residential and the applicant is requesting a change to SF-6, single family residential, six units per acre Mr Jackson stated that this request is an attempt to better utilize this property in accordance with the existing neighborhood. Mr Jackson stated that a portion of a creek flows through the northeastern corner of the property and buffers will be required. Mr Jackson stated that access is provided to the site from 132"`'Avenue and City of Kent construction standards require that an additional residential street be provided for access. Mr. Jackson stated that any development would be required to meet City of Kent construction standards for on site storm water detention Mr. Jackson stated that by requesting only a land use change at this time, Mr. Fortunato can return to the Planning Department at a later date, with the comp plan change already in place. Mr. Fortunato could than Sapply for a rezone to SR-6, to be heard before the Hearing Examiner Mr Jackson said that if the property were developed under current zoning, approximately 24 p.m peak hour trips would be generated based on the potential for 24 lots He stated that under the proposed land use change, with a maximum density of six units per acre,this would create the potential for 40 p.m peak hour trips based on 40 lots. Mr Jackson stated that the creek on the northeast corner of the lot limits lot density Mr Jackson stated that property west of the site has an existing SF-6 designation and surrounding property in the general vicinity of the site is designated SF-3 Mr. Jackson stated that property north and east of the site is designated SF-6. He stated that staff recommends approval of this amendment as the request does not pose any health, safety or welfare issues and is consistent with existing zoning and land use in the area. Jon Johnson MOVED and Brad Bell SECONDED to open the public hearing. Motion earned. Mr Jackson stated that he represents the applicant Mr Fortunato who was unable to attend the hearing due to illness in his family Planning Director explained that the comprehensive plan amendment process does not dictate that an applicant must apply for both a comp plan and zoning change simultaneously Mr Hams stated that an applicant must first request a comp plan change, then can request a zoning change through the Hearing Examiner at a later date Mr Hams stated that usually applicants apply for a comp plan and zoning change at the same time in order to expedite the planning process. *Brad Bell MOVED and Jon Johnson SECONDED to open the public hearing. Motion carried. Michael Leonard, 13321 SE 278th, Kent, WA stated that his property lies to the north towards the east end of the applicant's property and that he has lived there for 11 years. He stated that he opposes the Land Use and Planning Board Minutes November 29, 1999 • Page 16 amendment due to increased safety concerns associated with the influx of higher volumes of traffic that would be generated Mr. Leonard stated that with the development of homes, the potential of vandalism to his property would increase and he voiced concern over the ecosystem of the creek being compromised and possibly depleting the Coho salmon habitat Emily Leonard, 13321 SE 278th St., Kent, WA stated that she has resided in the area for 11 years and chose the location for its rural country environment and peacefulness. Mrs Leonard stated that she is concerned about the wildlife and the salmon habitat, which could potentially be destroyed. She voiced concern over increases in traffic volume with existing developments already underway and that vehicular traffic will cut through their neighborhood so as not to have to wait for the light at Kent Kangley and 132nd. Mrs Leonard stated that development of 16 houses per acre is excessive and would over burden the land Leonard Juhnke, 13511 SE 278th, Kent,WA stated that Soos Creek runs through a corner of the proposed site and questioned the viability of implementing only 100 foot setbacks due to the salmon returning to the creek for the first time in 12 years He stated that if the property were to be rezoned to SR-6, homes would have to be constructed on small lots to compensate for any impacts to Soos Creek Mr Juhnke stated that zoning should remain as it is currently so as not to Jeopardize the salmon population and in order to protect the creek Mr Juhnke stated that he concurs with Mr and Mrs. Leonard's testimony regarding traffic impacts. Mr. Juhnke questioned if the City plans to improve 132nd with four lanes. Mr. Juhnke stated that with the rezoning of property, taxes increase and questioned if the City of Kent or the developer would absorb some of the cost for needed road improvements with the increase in vehicular traffic due to development. Brad Bell MOVED and Jon Johnson SECONDED to close the public hearing. Motion carved. Mr. Jackson stated that Staff supports SR-6, as this designation is a typical suburban type density. Mr Bell said he sees no way to stop development in this area and with the understanding that the neighbors concerns would be addressed before the Hearing Examiner when the applicant applies for a rezone, he fully supports staff s recommendation of SF-6. Jon Johnson stated that he is opposed to Staffs recommendation of SF-6 as it seems more consistent to retain the SF-3 designation for this site as surrounding zoning is SF-3 except for land to the west. Brad Bell MOVED and Sharon Woodford SECONDED to accept staff s recommendation to change the land use designation to SF-6 for CPA-99-G the Fortunato Amendment The motion was denied 3 to 2 with Jon Johnson, Steve Dowell and Ron Harmon opposed. #CPA-99-3 (1 /CPZ-99-9 Meridian Associates Amendment Matt Jackson stated that this is a request by Mike Reid with Meridian and Associates to change the existing land use designation from SF-8, single family residential, 8 units per acre to a low-density multifamily designation, in order to rezone the property from SR-8 to our new MR-T, Multifamily Townhouse at 12 .units per acre. Mr Jackson stated that the property consists of three lots approximately 6.5 acres in size and is located behind the Lake Meridian Plaza with the Metro Park and Ride lot located on 132nd abutting the back side of the property Mr Jackson stated that a branch of Soosette Creek runs through the proposed property, with a wetland feature covering a third of the property on the western portion Land Use and Planning Board Minutes November 29, 1999 Page 17 Mr. Jackson stated that the applicant proposes providing primary access off of Kent Kangley Road into the eastern portion of the site, avoiding the existing neighborhood and encroachment to the sensitive areas as well as provide the area with a townhouse, nonstacked unit type condominium development. Mr. Jackson stated although this is a nonproject action, the applicant is going to present illustrations of the type of projects they have developed and present what type of development they intend to build on this site. Mr. Jackson stated that under the existing MR-T zoning with the existing 6.5 acres, approximately 78 units could be constructed on the proposed site However, the site plans shown to Planning staff indicates only 3.92 buildable acres which would allow for less density than the developers proposed 34 duplex type dwellings Mr Jackson stated that the Public Works department disapproves of the access point from Kent Kangley to this property He stated that an easement exists behind Lake Meridian Plaza, which is owned by the applicant. Mr Jackson stated that the applicant is proposing a couple of office complexes with the option of using the three lots on the south side of the proposed site for access and further development. Mr. Jackson stated that several goals and policies of the City of Kent's Comprehensive Plan encourages the City to provide denser development near existing infrastructure and services which this development would provide. Mr. Jackson stated that staff is investigating ways to protect the sensitive areas while achieving a density that is urban in nature in this area Mr. Jackson stated that this would be achieved through buffering and preservation of those areas. Mr. Jackson stated that Staff feels with the use of the City's construction standards and zoning regulations, development on this site this will not create a burden to the health, safety and welfare of the City Mr Jackson stated that staff recommends approval of a change to low-density multifamily on the land use map and a zoning of MR-T at 12 units per acre density Mr. Dowell questioned if a change could occur in the MR-T12 zoning whereas apartments would be constructed in lieu of condominiums. Mr. Harris stated that the City Council carefully crafted the MR-T Townhouse zone specifically for condominium type development and believes the Council would be adamant in upholding their decision Mr. Hams stated that it has been the Council's vision to provide more owner occupied, higher density development. Steve Dowell MOVED and Brad Bell SECONDED to open the public hearing. Motion carried. Michael Reid, 10522132nd Ave N.E., Kirkland, WA stated that he is the applicant's agent and has sat through two weeks of hearings observing the Board members. Mr Reid stated that with each issue considered by the Board over the last two weeks, efforts have been made to protect the environment and preserve the sensitive areas in this town. He stated that the Board has sought to make strong conscientious decisions in their recommendations on the comp plan amendments in •a manner that would improve the community while promoting quality residential development. Mr. Reid stated that a subdivision application has been submitted to the City for this property Mr. Reid stated that we listened to the neighbors and attempted to accommodate what they wanted in their community Mr. Reid stated that this property is severely constrained by surrounding commercial development, access issues, sensitive areas and artificial sensitive areas created by a flood control dam Mr. Land Use and Planning Board Minutes November 29, 1999 Page 18 Reid pointed out that there is only one appropnate access to this property through the northwest neighborhood along 128`r and 268' Street i Mr. Reid spoke at length on traffic, access and sensitive area concerns and the means by which they are trying to rectify these conditions. Mr Reid stated that north of the Lake Meridian Shopping Center there is four square blocks with the northern most block owned by the applicant which is zoned commercial. He stated that William and Ava Cary, whom we have entered into an agreement with to purchase those three blocks, own the next three blocks. Mr Reid stated that curb cuts exist on all the commercial properties abutting the western side of the shopping center and that each one of those properties tames a thirty-foot easement for ingress/egress and right-of-way. Mr. Reid stated that in developing this site they have elected to develop a private road utilizing the availability of existing easements and accesses in order to create a community sensitive to its environment and surrounding neighbors. Mr Reid said that as this is a nonproject specific action and that the site plans displayed are representative of what could be accomplished by combining development of a small commercial office complex with a clustered townhouse development. Mr. Reid illustrated at length potential site plan alternatives. Mr Reid submitted Site Plan#1 as Exhibit#5 and Site Plan#2 as Exhibit #6 and additionally submitted a copy of the easement that the property adjoins for the record as Exhibit #7. Mr Reid indicated that the original owner of the proposed site, sold the adjoining property to the to the shopping center with the understanding that access would be allowed to his site from the property sold to the shopping center. Mr Reid stated that he believes this proposal achieves what the City Code is attempting to accomplish by protecting the environment, to cluster housing, listen to our neighborhood and create a buffer between our development and the residential neighborhoods to the northwest. Mr Reid stated that he would appreciate the Board's support of this proposal. James Parrick, 12718 SE 268th, Kent, WA stated that he owns lots 1 and 2 of Meridian Meadows and has lived there for 30 years along with eight other residents. He stated that several neighbors have spoken with Mr Reid over traffic concerns and Mr Reid has acknowledged their concerns. He stated that the streets are narrow with no sidewalks and there are many children and walkers in this area. Mr. Pamck stated that Kent Kangley off of 127`h is particularly dangerous Mr. Patrick questioned if the developer will be able to obtain access to the site off of Kent Kangley. He stated that he has observed numerous accidents on the stretch of road from 124"to 132'. Mr. Pamck stated that further development would increase vehicular traffic on the roads and compromise the living style within their community Mr. Pamck stated that he opposes this amendment. Patrick McBride, 1804 136th Place NE, Bellevue,WA stated that he is the architect for the project and is aware that at this time, there is no specific action associated with this comp plan amendment and rezone. Mr McBride showed formats for a duplex layout as well as commercial office buildings which would be constructed as two story, wood scale walk ups that would illustrated the image and character of the architecture of the homes, residences and commercial office space within the community. Mr. McBride indicated that a component of the site plan aligns the development to the south to 128"' Place to order to align the intersection with the public street on the south Mr. McBride stated that this alignment Land Use and Planning Board Minutes November 29, 1999 Page 19 has been evaluated in the event that a street signal is erected in this area in the future which would provide safer turning movements in either direction along Kent Kangley. Mr McBride stated that the general concept in planning development of duplexes on this site is that they are more single family in character which is consistent with the City of Kent's zoning criteria and comp plan requirements He stated that the second alternative for a planned development consists of clustered side by side town homes, two stories in character, within a three or fourplex format Mr. McBride stated that this would leave the central area of the site available for developing into a natural village green using storm drainage components while preserving the open space and sensitive areas George Nickle, 1615 143rd Place SE, Mill Creek,WA stated that he is part of the partnership that acquired this property in 1973 He stated that he sold a portion of his property to the Lake Meridian Shopping Center in 1988. Mr. Nickle stated that part of the sales agreement allowed him to have access on the west side of that property on an easement with three curb cuts (one curb cut on each of the three lots on 129th Street) also known as the Cary property Mr. Nickle stated that the option is available for purchasing the three south lots Ms. Woodford stated that she was concerned that if the Board was to approve this amendment and the developer did not acquire the three south lots then access to the site would pose a severe problem. Mr. Nickle concurred but felt that the access issues would be rectified. Paula Egbert, 26705 132nd Ave SE, Kent,WA stated that her property directly adjoins the proposed site and said that she was not publicly notified of this potential development. She stated that she favors development but felt that the Board needs to consider the wetland issues as the portion of the site that abuts her property is considered Class Two wetlands, Ms Egbert stated that she is concerned that development of this site will push those wetlands onto her property and would like assurance that this would not occur Ms Egbert stated that subdivisions are being developed on property to the north of this site where water flow was effected due to disregard by the developers Ms. Egbert said that she actively farms her property and would like assurance that adequate fencing would be erected to protect her livestock from dogs that would be brought into the area as a result of development. Ms Egbert stated that the existing park and nde lot is not easily accessible, as it requires a left turn onto Kent Kangley against the traffic and another left turn at the light Garry Stewart, 26620 127th Ave SE, Kent, WA stated that he was concerned that access to the site would necessitate crossing the creek if the developer does not obtain the three lots that would allow access off of Kent Kangley Mr Stewart stated that he is not in favor of approving this amendment due to major traffic concerns Mr. Stewart noted that the publics notice time lines seem to be too short. Brad Bell MOVED and Sharon Woodford SECONDED to close the public hearing Motion carried Ron Harmon asked staff if the Board could receive assurance that the property owner would obtain the three parcels for accessing the site through Kent Kangley, if this amendment were approved. �Mr Jackson stated that the Public Works department has the right to require access from a specific location through existing construction standards or SEPA that allows staff to mitigate for potential impacts beyond our existing standards. Sharon Woodford questioned if the City of Kent can require fencing to protect Ms. Egbert's property from new development. Mr Jackson concurred. Land Use and Planning Board Minutes November 29, 1999 • Page 20 Mr.Gill stated that in support of this proposal, the property owners hold an existing easement across the property to the east with a thirty-foot private easement along the western property line of the Lake Mendian Shopping Center Mr Gill stated that Public Works department's main concern is that the location of the existing curb cut does not contain good site distance He stated that access would be improved if the curb cut could be realigned further west with 128" Street and if a traffic signal could be installed Mr Gill said that Public Works is working with the State Department of Transportation in looking at possibly restricting turning movements in the 128' Street area due to high incidents of accidents. Mr Gill stated that providing a signalized intersection at 128�'that functions in coordination with the signal at 132nd Street could provide an additional safe walking route for crossing Kent Kangley. Mr Gill stated that access to the site through 268th Street would negatively impact the wetlands and salmonid stream Mr. Gill stated that the developers would be required to obtain a fisheries permit, a hydraulic project approval from state fisheries and possibly Corp of Engineers approval Mr Gill stated that the developers will stnve to avoid impacting these wetlands and the stream as indicated by providing access through Kent Kangley Steve Dowell spoke at length on issues concerning road alignment and safe access to the site During deliberations, the Board members mutually concurred to support staff s recommendation for approval of the amendment. Chair Ron Harmon MOVED and Sharon Woodford SECONDED to recommend approval of#CPA-99-3 (I)/CPZ-99-9 Meridian Associates Amendment as supported by staff. Motion carried unanimously ELECTION OF OFFICERS Chair Hannon opened the meeting for nominations. Steve Dowell NOMINATED and Sharon Woodford SECONDED a motion to appoint Ron Harmon to the position of Vice Chair Ron Hannon accepted Steve Dowell NOMINATED and Brad Bell SECONDED a motion to appoint Jon Johnson to the position of Chairman Jon Johnson accepted Steve Dowell MOVED and Sharon Woodford SECONDED a motion for a unanimous ballot for the positions of Chair and Vice Chair Motion Carved. ADJOURNMENT The meeting adjourned at 11.45 p in. Respectfully Submitted, James P. Harns e ary