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HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 11/27/2000 PLANNING SERVICES Fred N. Satterstrom, AICP, Manager Phone 253-856-5454 K E N T Fax 253-856-6454 WA511ry Gl�l Address 220 Fourth Avenue S Kent,WA 98032-5895 LAND USE & PLANNING BOARD MINUTES Public Heaung November 27, 2000 The meeting of the Kent Land Use and Planning Board was called to order by Chair Jon Johnson at 7 00 p m on Monday,November 27, 2000 in Council Chambers of Kent City Hall LAND USE & PLANNING BOARD STAFF MEMBERS PRESENT MEMBERS PRESENT Jon Johnson, Chair Fred N Satterstrom, AICP, Planning Mgr Ron Harmon, Vice Chair Charlene Anderson, AICP, Sr Planner Brad Bell Diana Nelson, AICP,Planner Steve Dowell Pat Fitzpatrick, Asst City Attorney David Malik Pamela Mottram, Administrative Secretary Sharon Woodford Terry Zimmerman APPROVAL OF MINUTES Terry Zimmerman MOVED and David Malik SECONDED to approve the minutes of the October 16 and 23 meeting Motion carried ADDED ITEMS TO THE AGENDA None COMMUNICATIONS None NOTICE OF UPCOMING MEETINGS Planning Manager, Fred Satterstrom stated that the Board's recommendation for CPA-2000-1 Urban Separators would be brought before the City Council at their December 12 meeting CPA-2000-2(A)/CPZ-2000-1 KENTVIEW POD H AMENDMENT Planner, Diana Nelson stated that the property is located at 21800 Frager Road and 22002 Riverview Boulevard She stated that the existing plan designation for the property is Agricultural for approximately 15 acres of the parcel and (SF-3) Single Family, 3 units per acre on the western portion of the property comprised of approximately 7 5 acres Ms Nelson stated that the existing zoning is (A-1) Agricultural, 1 unit per acre and (SR-3) Single Family Residential, 3 63 units per acre Ms Nelson stated that the proposed plan designation is (SF-6) Single Family, 6 units per acre for all of the parcel and the proposed zoning is (SR-6) Single Family Residential, 6 05 units per acre The subject property is a 22 5 acre parcel composed of three tax lots that were formerly designated as tracts H, K and L of the Kentview Planned Unit Development(PUD) Ms Nelson stated that the subject property was set aside for development as a school and park site, as well as the placement of a sewer lift station She stated that the wetlands in this area are being enhanced with additional plants that are used for storm water retention for the Kentview PUD Ms Nelson stated that the western leg of the site fronts on the recently constructed Riverview Boulevard within the PUD and primary access to this site would be from Riverview Boulevard Ms Nelson stated that Frager Road is designated as a scenic byway and no direct vehicular access to the site will be approved from the eastern side of the site She stated that primary access to the property is from the 42nd Avenue south corridor and the proposed level of density will add up to approximately 1350 additional daily and 135 p m 10 Land Use and Planning Board Minutes November 27, 2000 Page 2 peak hour tnps to the local street system. Ms. Nelson noted an error in the staff report that says "13,500" and should be corrected to read 1350 daily trips Ms Nelson stated that during the development of the Kentview PUD, the development rights for residential density on this 22 5 acre parcel of property (approximately 42 units based on the zoning), were transferred within the PUD to allow increased density in other areas of this development Ms Nelson stated that the applicant is requesting a land use designation and zoning classification that would allow the development of approximately 94 additional dwelling units on this property She stated that the City, of Kent has not yet adequately studied the appropriate pattern and intensity of development on or near agricultural lands Ms Nelson stated that the City of Kent is in the process of updating their comprehensive plan She stated that an analysis of present and future uses of agricultural lands concerning the City's land use pattern and growth needs would be a part of this study She stated that the land use element of the comprehensive plan currently has several goals and policies directly relating to the protection of agricultural lands and the regulation of adjacent development These include Land Use Goal 27 which states "ensure the conservation and enhancement of productive agricultural land via regulation, acquisition and other methods" Ms Nelson stated that Policy LU-27 2 under that goal states "Discourage incompatible land uses adjacent to agricultural lands" and Policy LU-27 3 states "Mitigate development in order to minimize impacts on viable agricultural lands" Ms Nelson stated that this property before the fill activity by the applicant was composed of soils that were s • the best agricultural soils found in King County This property is adjacent to currently cultivated property Therefore, the development on this property can have impacts on continued economic viability both on adjacent and surrounding lands Ms Nelson stated that Planning Services staff is currently reviewing the agncultural lands Staff feels that it is premature at this time to change the zoning and land use designation Therefore, staff recommends DENIAL Ms. Nelson stated in response to Ms. Zimmennan that the additional 42 units were allocated and built elsewhere within the PUD Ms Nelson stated that land has been cultivated with row crops in several fields north of this property. Ms Nelson stated that through discussions with the Kent School District and the City of Kent Parks Department. she was informed that the school district was offered approximately 13 5 acres of land to be set aside for an intended school site Ms Nelson stated that the developer is creating a one acre BMX Park to be given to the City of Kent. Ms Nelson stated that she was not aware of any specific conditions or requirements of approval that would mandate the applicant to sell, donate or otherwise develop the land Ms Nelson stated that this property has been filled with gravel and other types of material, so that this soil can no longer be considered as Class 2 Agricultural soils Ms Nelson stated that the City of Kent issued a permit for the fill as part of the PUD with the understanding that this property was set aside for development as a park or school Chair Jon Johnson declared the Public Hearing open John Green, 21839 Framer Rd., Kent, WA 98032 stated that the Cruz Johnson Farm is located directly north of the property requesting a rezone He stated that this farm has been a productive farm for many years, producing the best sweet corn in the valley as well as producing other vegetables which they offer for sale through a road side stand. Mr Green stated that his neighborhood contacted the Project Manager, Mr Gary Young of Polygon three years ago to inquire about the proposed plans for the Riverview development He stated that after this call, he Land Use and Planning Board Minutes November 27, 2000 Page 3 hosted two community meetings at his home inviting Polygon to meet with the neighbors to look at their maps and plans Mr Green stated that throughout the duration of developing this PUD, this particular area in question has been shown as A-1 zoned, a future school site, to be offered to the city or alternatively for a park or recreational use such as a baseball or soccer field Mr Green stated that when asked, Polygon repeatedly stated that this property would not be rezoned for residential use Mr Green stated that his community believes that playground or park usage fits in better with the City of Kent and King County's commitment to retain the west side of the river as a greenbelt and for agricultural usage He stated that he would like the Board to deny this rezoning request Jacque Davis, 4815 S. 216th, Kent, WA stated that she resides north of the property requesting a rezone. She would like this property preserved for agricultural, greenbelt areas and recreational land uses Ms Davis submitted a copy of City of Kent Ordinance No 2489 for the record as Exhibit #5 encouraging the preservation of agricultural lands Ms Davis submitted copies of King County's Ordinance No's 6853, 6946 and 6650 for the record as Exhibit #6 in support of preserving this land for agricultural purposes Ms Davis stated that she and her neighbors have complied with the A-1 zoning requirements by preserving their properties with pasture lands, gardens, orchards and evergreen tree areas She stated that the residents have constructed their driveways and load-bearing roads with packed gravel rather than asphalt so that the roadways would be permeable Ms Davis stated that approval of this rezone would erode the agricultural environment of the area and she encouraged the Board to deny the rezone request Steve Hansen, 21847 Frager Road, Kent, WA stated that there is a large demand for the produce generated by the Cruz Johnson Farm The broad variety of produce grown in this area provides economic activity and is irreplaceable He encouraged the Board to retain the agricultural zoning and deny the applicant's request for a rezone Brian Nicholson, 21831 Frager Road, Kent, WA stated that he supports the City's recommendations to carry out further research on development and long range planning He stated that the applicant's desire to change the zoning of this section of property is occurring too soon Mr Nicholson stated that the extent of impact to the surrounding agricultural lands, traffic and the Valley would not be realized until the Kentview PUD is complete and all homes are occupied Mr Nicholson supported staff s recommendation to deny the rezone request Gary Young, Polygon Northwest Company, 11624 SE 5th St., Suite 200, Bellevue, WA stated that the Pod H property was purposely set-aside specifically for a school facility development or park use He stated that both the Kent School District and the City of Kent Parks Department declined to purchase this property Mr Young stated that Polygon has invested in the installation of a lift station facility constructed on the eastern corner of the property with a gravel access road, which is an extension of the main access to Pod H from within the community He stated that this road runs along the northern boundary of Pod H and separates this property from the Dela Cruz Farm property Mr Young stated that Polygon placed gravel fill on this property under permits issued by the City of Kent with the intention of developing Pod H The fill altered this property so that it is no longer productive . farmland He stated that Polygon has invested funds to provide for roads and other infrastructure to this property and feels committed to recover their cost and provide additional low-density single family housing on this property Mr Young stated that single family housing would be the most compatible use adjacent to the agricultural land area Land Use and PIanning Board Minutes November 27, 2000 Page 4 Mr Young emphasized that the King County area has seen phenomenal job formation without providing housing to meet those needs He stated that development of this property would provide the opportunity to integrate both the needs for housing and at the same time develop a nice community Mr Young stated that there would not be access to Frager Road from the Pod H development However, if the City of Kent Public Works or Fire Departments desired a fire access road, this could be created using restrictive measures so that only the Fire Department could gam access to this property from Frager Road Mr. Young stated that Polygon would like to complete development of Pod H in concert with the development underway,rather than wart several years to work through policy changes. He asked the Board to consider all the factors presented. Mr Young, in response to Ms Zimmerman, stated that it was Polygon's intent to recover their cost through the sale of Pod H to either the school district or the City of Kent Mr Young, in response to Mr Harmon, stated that the original master plan for build-out of the PUD indicates 680 units, approximately half of these units are constructed He stated that he could not determine if Polygon would reach their 680-unit goal at final build-out based on a number of requirement restrictions Mr Young stated that Pod H has the potential build-out for ninety homes but believes that this figure would decrease due to wetland constraints, the construction of the BMX Bike Park and the lift station i Kimberly Voss, 22274 Russell Road, Kent, WA 98032 stated that she resides on the west side of the river, across from Pod H She stated that she has a small orchard and favors retaining the agricultural zoning of this area She voiced her support of staffs recommendation to deny this rezone request Dan Moberly, 12033 SE 256th, Kent, WA 98031 stated that he is the Superintendent for Business Services for the Kent School District He stated that he supports staff s recommendation to deny this rezone request. Mr Moberlv stated that Mr Young approached the Kent School District in 1997 and 1999 after the school district bond failed He stated that failure of the bond placed the school in a position where they were unable to consider appraisal of the land nor negotiations towards purchase of the property Mr Moberly stated that he believes that Polygon behaved in the best interest of the school district with the fill used on this site. Mr Moberly voiced concern over the number of students generated with the initial development of 685 units. He stated that the addition of 94 units on Pod H could create concerns as to where these students would be housed as time goes on Mr Moberly voiced his concern that this property might not be developable as a school site due to the existing wetlands and based on the endangered species act However, he stated that the School District would like the option in the future to be able to consider this property for a school site Eric Wells, 11624 SE 5th Street, Suite 200, Bellevue, WA submitted a letter dated November 27, 2000 and signed by Gary Young for the record as Exhibit #7. He stated that he worked with the City of Kent Parks Department in an attempt to reach an agreement with the City to purchase Pod H for a park Mr Wells stated that concurrently, the results of the I-695 proposal left the City without available funds for purchasing the land Mr Wells reiterated many of Gary Young's concerns He stated that one concern included mitigating the financial impacts encountered through the infrastructure that Polygon has already provided on this site He stated that neither the School district nor the City of Kent Parks Department is purchasing this land He stated that as there is the potential that Polygon may not be able to reach their original build-out estimate of 680 units, it would be feasible to transfer the building of some of those units to Pod H i Mr Wells reiterated that constructing single family homes on Pod H would allow for viable use of the land with the least impact for the area. He stated that 100 acres has been preserved within the PUD as open space and cannot be developed Land Use and Planning Board Minutes November 27, 2000 Page 5 Mr Wells spoke about the road improvements relevant to the PUD on 42nd Avenue, 212th and 216th with a traffic signal being installed at 42nd Avenue and 212th to mitigate some of the traffic impacts in the area He stated that a pedestrian bridge has been installed to provide a pedestrian link to the recreational corridors Mr Wells stated that sewer, water and all the dry utilities are installed to the site Debbie Nicholson, 21831 Frager Road, Kent,WA voiced her concern over the traffic that will be generated with the development of Kentview She stated that the existing road system is deficient for the homes that Kentview is already going to place in this PUD let alone adding additional homes Ms Nelson spoke to Polygon's economic arguments on recouping their costs on Pod H. Ms Nelson questioned how much of the residential value of the land should be assumed by the School District, provided they purchased the land She stated that Polygon has already used a portion of this land if not all of the value of this property for residential purposes Ms Nelson said that although Mr Young stated that Polygon is asking for the lowest single family density, they are actually requesting the second highest single family density of(SR-6) 6 05 units per acre She stated that none of the adjacent properties has a density of 6 units per acre but rather have densities of one or three units per acre as well as single family residential zones of A-1, SR-1, SR-2 and SR-3 Ms Nelson stated that if the Board were to recommend approval, staff is recommending that the Board choose one of the lower density zones for this area to retain the character of the surrounding area along Frager Road Mr Bell asked Diana to clarify her statement where she indicated that the School District and the City of Kent would purchase the property if the price were low enough She stated that the correct interpretation should have been that either the School District or the City of Kent would be interested in investigating the property if the price is right In response to Mr Dowell, Diana stated that there are still productive farms in the valley and they are generally smaller than they used to be Mr Dowell indicated that the Board's recommendation could have a far-reaching affect on the future of those agriculturally zoned areas Diana concurred with Mr Dowell She stated that any decisions dealing with agricultural zoned properties and properties adjacent to agricultural zoned property need to have a comprehensive city strategy so as not to create a ripple affect. Terry Zimmerman MOVED and Ron Harmon SECONDED to close the Public Hearing Motion Carried. Sharon Woodford stated that she would like the agricultural lands to remain and said that if homes are built on this property it could lead to the disappearance of much of the Valley's agricultural lands in the future Therefore, until the City has a set policy on agricultural lands, she voiced her concurrence with staff s recommendation to deny this request Steve Dowell concurred with Ms Woodford and voiced his support of staffs recommendation to deny this request Terry Zimmerman stated that Polygon's build-out would not be affected as a result of leaving Pod H alone She stated that the school district would be interested in the land should money become available and the same could be said for the City of Kent in their search for funding sources for future park development Ms Zimmerman stated that the neighbors have objected strongly She stated that the neighbors want the land left the way it is as they value their life styles and the farming land is a benefit to the community She said that the City of Kent needs to formulate an agricultural policy. Ms Zimmerman agreed with staffs recommendation to deny this request Ron Harmon concurred that the City of Kent needs to set a policy before deciding to apply spot zoning He stated that he takes exception with the City of Kent for issuing a fill permit to fill agricultural with disregard to LU-27 2 and 3 Mr Harmon stated that alternative land use options need to remain open and voiced support of staffs recommendation to deny this application Land Use and Planning Board Minutes November 27, 2000 Page 6 Brad Bell stated that although Polygon met some of the LU-27 policy requirements, in his opinion, they did not meet the requirements of LU-27 3 to "mitigate development in order to minimize impacts on viable agricultural lands " Mr Bell voiced support of staff s recommendation to deny this request David Malik stated that traffic impacts on the two lane 42nd Avenue will become severe with the addition of the current PUD of 650 houses, let alone the development of additional houses on the Pod H property He reiterated concurrence with the other Board members statements and voiced support of staff's recommendation to deny this request Jon Johnson stated that he concurs with the Board members to support staff's recommendation of DENIAL. Ron Harmon MOVED and Brad Bell SECONDED to accept staffs recommendation to DENY the application request for CPA-2000-2A/CPZ-2000-1 Kentvicw Pod H Amendment Motion CARRIED CPA-2000-2B/CPZ-2000-2 NGUYEN AMENDMENT Diana Nelson stated that this property is located at 12819 Kent Kangley Road. The existing plan designation is Low-Density Multifamily and the proposed plan designation is commercial The existing zoning is MR-G Low-Density Multifamily Residential, 16 units per acre Ms Nelson stated that the proposed zoning is CC, Community Commercial She stated that the property is one tax parcel of 35 acres configured in a triangular shape with public roads on two sides A vacant single family residence currently occupies the site. Ms Nelson stated that properties north and east of the site are zoned Community Commercial and developed with the Meridian Plaza Shopping Center, Value Village and office buildings She stated that vacant property west of the subject property is zoned Professional and Office Ms Nelson stated that property directly south of the site is zoned MR-G and developed with a series of single family detached residences She stated that the Sprngwood Apartment complex is beyond these residences, and directly east of the apartment complex a new Safeway store, gas station and several retail buildings are to the process of obtaining building permits Ms Nelson stated that there are no known sensitive areas located on the subject property. She stated that primary and current access from the property is 128th Place Southeast with future access from Kent Kangley Road being unlikely as it is a state highway and further access points would impede traffic flow Ms Nelson stated that a similar request to change the land use designation to commercial was submitted in 1998 and denied due to concerns regarding vehicular trip generation and safety Ms. Nelson stated that in September and October 2000, the Washington Department of Transportation constructed road improvements on Kent Kangley at the intersection of 128th The improvements included a meridian barrier between the east and west bound lanes with a channel left turn lane for westbound traffic to turn onto 128th Ms Nelson stated that the new road configuration allows: a right turn onto 128th from the eastbound lanes of Kent Kangley, a restricted left turn access from the westbound lanes to 128th Place, and a right turn exit from 128th into the eastbound lanes of Kent Kangley Ms Nelson stated that left turns from 128th into the westbound lanes of Kent Kangley are no longer permitted Ms Nelson stated that the site is located in an area of transition. Development and increased retail and commercial activity in the area surrounding the subject property are changing the nature of the neighborhood She stated that the Land Use Element of the Comprehensive Plan has several goals and policies directly relating to the development of existing commercial areas including Goal LU-12 - "Promote orderly and efficient commercial growth within the existing commercial districts in order to maintain and strengthen existing commercial districts, to minimize costs associated with the extension of facilities, and allow businesses to benefit from their proximity to one another"and Land Use and Planning Board Minutes November 27, 2000 Page 7 Policy LU 12.3 `Develop regulatory incentives to encourage infill development in existing commercial areas " and these regulatory incentives "may include urban, mixed-use zoning and higher density zones, planned unit developments, transfer of density credits, and streamlined permit processes " Ms Nelson stated that amending the land use designation and zoning to allow commercial use of this site would result in a minor expansion of the existing commercial area around the intersection of 132nd Ave SE and Kent-Kangley Road She stated that though the commercial development will result in some increase to the number of vehicle trips to the site, the recent traffic improvements including the addition of meridian barriers to Kent-Kangley Road greatly reduces the accident potential associated with gaining vehicular access to the subject property Ms Nelson stated that staff recommends APPROVAL of this request Gary Gill, City of Kent Engineer stated that the primary work completed by the State Department of Transportation is to preclude the high accident problems that the city was encountering along the Kent- Kangley corridor both east and west of 132nd Avenue Southeast Mr Gill stated that the channelization, which restricts turning movements, was designed to address the types of accidents,which were occurring most frequently He stated that the City felt that it would be appropriate to allow this property to develop as a commercial zone as the type of turning movements you would see from this establishment would be precluded, specifically the left turns out and the protected left turns in Chair Jon Johnson declared the Public Hearing open Roberta Marta, DBM Consulting Engineers,502 16th Street NE, Suite 312, Auburn, WA stated that she represents the applicant Huy Nguyen who is requesting a change from Multifamily to Commercial in order to accommodate a beauty salon She stated that commercial, office and professional surround the subject property Ms Marta stated that the site configuration is too small for a multifamily development consisting of 3 5 acres She stated that a commercial zone would be entirely compatible from a zoning and planning perspective Ms Marta stated that the applicant intends to use the vacant single family structure on the site for his proposed salon She stated that traffic improvements to Kent Kangley include curb cuts,right in and right out only, a landscape island and access will remain off 128th Avenue. Huy Nguyen, 24020 129th Court SE, Kent, WA 98031 as the applicant stated that he would encourage the Board to consider approval of his request to develop this site for use as a beauty salon as a means to support his family Larry Flanary, 27021 128th Place Southeast, Kent, WA stated that he resides in the third house, south of the site Mr Flanary stated that he did not oppose Mr Nguyen's request to develop his property for use as a commercial beauty salon He voiced concern that if the subject property is zoned commercial that this could potentially lead to a commercial rezoning of his and the other residential properties south of the site Mr Flanary stated that he would not like to see his one-half acre lot rezoned as it would devalue the property and make the potential for future sales and financing difficult if commercially zoned He stated that the way the topography of his property lies, the wetlands reach far into his property decreasing the ability to use half of his property Dana Mower, DBM Consulting Engineers, 502 16 St. Northeast, Suite 312, Auburn, WA stated that this area is in transition and there is Office zoning to the west and Commercial zoning surrounding the property to the east and south Land Use and Planning Board Minutes November 27, 2000 Page 8 Mr Mower stated that Mr. Nguyen's property is the only site requesting a commercial rezone with residential properties existing south of the site, which includes Mr Flanary's property MT Mower stated that Mr Nguyen's property consists of one third of an acre and combined with the residential properties to the south total two acres He stated that the geography of the land indicates that it would be difficult to develop those residential sites in a multifamily configuration He stated that the residents would be able to retain their current zoning at this time and perhaps convert to commercial in the future. Ron Harmon MOVED and Terry Zimmerman SECONDED to close the Public Hearing Motion Carried Board member, Brad Bell stated that DBM Consulting Engineers are clients of his to whom he provides consulting services He stated that he has never spoken with them regarding these issues and does not provide them with land use consulting services Mr Bell stated that he does not believe that his business relationship with DBM constitutes a conflict of interest but would be willing to remove himself from voting on this rezone request if anyone objected to his participation There were no objections from the Board Ron Harmon MOVED and Terry Zimmerman SECONDED to accept staff s recommendation for APPROVAL of CPA-2000-2B/CPZ-2000-2 Nguyen Amendment application Motion Carried CPA-2000-2C/CPZ-2000-3 COBLENTZ AMENDMENT Diana Nelson stated that this property is located at south 222nd Street and 88th Avenue South. She stated that the site consists of four tax parcels covering an area of approximately 12 58 acres She stated that approximately 3 5 acres of the subject property is currently zoned Commercial Manufacturing 1 (CM 1) with a land use designation of industrial Approximately 9 08 acres is zoned SR-6, Single Family Residential, 6 05 units per acre with a plan designation of SF-6 Ms Nelson stated that the applicants are requesting a proposed plan designation of Low-Density Multifamily and zoning of MR-G, Low Density Multifamily Residential, 16 units per acre This site is located at the base of East Hill, adjacent to State Route 167,north of where the highway crosses over Central Avenue. Ms Nelson stated that there is a single-family residence and an accessory building currently occupying the site She stated that a significant portion of the property is encumbered with slopes exceeding 25% Ms Nelson stated that development of this eastern portion of the property would be severely limited due to the severe slope hazard Ms Nelson stated that the area to the south of this property is currently zoned MR-G and is under development with the Silver Springs Apartment complex containing 251 units She stated that single family detached zoning and land use designations are located north and east of the site with SF-6 north and east Ms. Nelson stated that State Route 167 provides a barrier to the west of the property and the slopes on the eastern one-third of the property provide a separator between this site and the adjacent properties on the hill above She stated that several single family dwellings are in the area. zoned SR-6 to the north with two of these properties having split land use designations of Industrial with CM-1 zoning in addition to the residential designation. Ms Nelson stated that the land use designations and zoning on a portion of the subject site were changed in 1997 to Industrial and CM-1 This change occurred because of difficulty marketing the property for single family development due to the freeway noise Ms Nelson stated that the applicant is now requesting a change to MR-G, Low Density Multifamily for the same reason She stated that the average daily traffic along South 228th is approximately 8300 vehicles Ms Nelson stated that this development would add approximately 2,000 additional daily vehicles and 198 p in peak hour trips to the local street system Ms Nelson stated that the proposed South 228th Corridor project will include a bridge across SR 167 to connect in the general vicinity of the southwest corner of the parcel She stated that the precise alignment of Land Use and Planning Board Minutes November 27, 2000 Page 9 this corridor has not been determined so that the potential impacts to the subject property, because of the corridor project, cannot be determined at this time She stated that the east leg of the proposed 228th Corridor is planned to crossover SR-167 and connect to the East Hill somewhere in this location Ms Nelson stated that noise from SR-167 has some impact on the site However, other residential development exists along this corridor Ms. Nelson stated that the applicant's request for this zoning would allow 201 multifamily units to be developed on the property based on zoning alone She stated that the current maximum residential density of this site would allow approximately 54 single-family dwellings However, the topography, slope setbacks, the minimum lot size of 5700 square feet, dedication of public roads and the lack of clustering provisions for single family development in the zoning code would effectively reduce this number by at least half. Ms Nelson stated that the City wishes to increase home ownership opportunities and promote single family residential development at all levels of affordability She stated that the City has recently created a Multifamily Townhouse zone that is intended to be m fill and transition between multifamily and single family zones and help to provide more affordable home ownership options Ms Nelson stated that two-story condominium development in this area would act as a buffer and a transition area between the single-family zones to the north and east and the four-story apartment complex development to the south She stated that the Townhouse zone allows clustering which would maximize the density of 12 or 16 units per acre while preserving the area with steep slopes Ms. Nelson stated that the comprehensive plan designation of Low Density Multifamily applies both to MR- G, the zone the applicant is requesting, and MR-T, the zone that staff is recommending. Approval of the Low Density Multifamily Land Use Designation and SR-8 zoning would allow the applicant to request a rezone to MR-T 12, 16 or MRG,particularly when there is further information regarding the location of the corridor Ms Nelson stated that staff recommends APPROVAL of SR-8 zoning and Low Density Multifamily land use designation which would then allow the applicant to later apply for a rezone upon approval of this comp plan amendment request Ms Nelson clarified for Ms Woodford that staff is recommending a rezone of the applicant's property to SR- 8 without contingencies to change the zoning to MR-T at this time Ms Nelson stated that although staff could tie the SR-8 zone to the MR-T zone, they do not specifically recommend taking this action in light of the fact that the corridor is going to have major impacts on this property. Ms Nelson stated that staff believes it would be more appropriate to let the City Council make the ultimate decision on the applicant's rezone request, when the City may have additional information in respect to the corridor impacts. Ms Nelson stated that by leaving the zoning options open with the applicant's request and staff s recommendation for a land use designation of Low Density Multifamily, the applicant would have the option to request MR-T 12, MR-T 16 or MRG zoning at a future date She stated that as staff gathers further information from Public Works over the next few months, staffs recommendation on specific zoning might change based on where the corridor is placed in conjunction with the subject property. Gary Gill stated that the 228th Street Corridor Project is included in the City of Kent 2001-2006 Six-Year Transportation Improvement Program Mr Gill spoke about the current plans for construction of the corridor as well as the studies underway to analyze potential traffic impacts in the area of the proposed corridor that could substantially affect the subject property Jon Johnson declared the Public Hearing open. Dana Mower, 502 16th St. Northeast, Suite 312, Auburn, WA 98002 submitted a copy of his summary dated November 27, 2000 for the record as Exhibit#8 Land Use and Planning Board Minutes November 27, 2000 Page 10 Mr. Mower stated that if the subject property is rezoned MR-G, this would limit structure heights to 35 feet He stated that if the property is rezoned MR-T with a townhouse configuration, the structure would be P p Y limited to two stories. Mr Mower stated that the Coblentz's property meets the criteria for development as low density multifamily as outlined in the 1990 Growth Management Act's urban growth policy He stated that the urban growth policy encourages development in urban areas where adequate public utilities and services exist or can be provided in an efficient manner Mr. Mower stated that water, sewer, storm drainage and road system infrastructures are in place and available to this site with the capability of supporting a high-density development He stated that employment opportunities exist in close proximity. Mr. Mower stated that there is a shortage of high quality affordable housing in Kent He stated that this proposal meets the Growth Management Act's Policy #4 to "encourage the availability of affordable housing for all economic segments of the population of the State Promote a variety of residential densities and housing types, encourage preservation of existing housing stock " Mr Mower stated that this proposal meets buffering criteria as indicated in the comprehensive plan Mr. Mower stated that the top of the bluff reaches approximately 225 feet above sea level and that the highest area of the site to be developed is about 125 feet He stated that there is approximately a 300 to 400 foot horizontal separation between the single-family development to the east and the project. Mr Mower stated that the Cit-v owns the five-acre site to the north and it is developed with a well Mr Mower stated that the most significant health, safety and welfare concern with this site is the elevated noise levels. He stated that Mr Carl Bloom, an environmental analyst metered noise levels on site, which indicated levels substantially above the Washington Department of Transportation's (WDOT) minimum requirements for single family residential ownership Mr Mower stated that WDOT has indicated that they would only approve of commercial, multifamily or retail type of development on this site. Mr Mower clarified with Ms Woodford that as the developer for this site he intends to develop this property as MR-G with no intention to reapply for a MR-T Town home zoning with the Board's concurrence Greg Heath, 2214 Tacoma Road, Puyallup, WA stated that he owns Heath and Associates, a traffic- engineering firm in Puyallup, which serves the Puget Sound area Mr Heath stated that under existing zoning, the subject site could accommodate approximately 35,000 square feet of industrial development and approximately 72 single-family units. He stated that based on this type of development, he calculated that about 1000 daily trips and 100 p in peak hour vehicular trips would be generated Mr Heath indicated that if this site were developed with a 175-unit apartment complex, that peak hour trips would increase to 112 Ken Koss, 600 108th Avenue NE, #600, Bellevue, WA 98004 stated that he develops multifamily projects with the intent of building, managing and holding the developments as long term investments. Mr Koss stated that when his company came to Kent they completed a ten-year feasibility study from 1995 to 2005, which indicated the need for additional 1191 multifamily housing units Mr Koss stated that his company hired the firm Hopson and Fermi who generate a quarterly housing need assessment of the Seattle Metropolitan area He stated that Hopson and Ferini's report indicated that an additional 300 multifamily units would be needed from second quarter 2000 to the second quarter of 2001 Mr Koss stated that his analysis supports a rezone to multifamily for the subject site Betty Coblentz, 22320 88th Avenue South, Kent, WA 98031 stated that she owns the subject site and is a real estate agent by profession She stated that a residential group home sits north of the property, then two residences. Ms Coblentz stated that she represents the two neighbors north of the site, Wahlers and Longstroms Ms Coblentz submitted a letter from the Longstroms for the record as Exhibit #9 She stated that the neighbors support development of the subject site and are requesting that their properties blend into the rezone as well She stated that marketing the Longstrom and Wahler's residences for resale has been impossible due to the high noise volume. Ms. Coblentz stated that a property appraiser indicated that the 94 Land Use and Planning Board Minutes November 27, 2000 Page 11 • neighboring residences would not sell residential due to the noise levels and was unable to attach a dollar value to those properties i Ms Coblentz stated that she inquired if WDOT would erect sound barriers at the time the 228th Street Corridor was constructed She stated that WDOT indicated that it is not cost affective to build sound barriers for only three houses She stated that the City approved a rezone for the front portion of our site to Industrial Commercial in 1997, with the back portion of the site remaining residential Ms Coblentz stated that this rezone discouraged development of residential or commercial on this site as it meant that egress and ingress to the residential area would have to run through the Industrial portion of the site In response to Ms Zimmerman, Ms Coblentz stated that people would rent apartments rather then purchase a town home in this area even with high noise levels She stated that because apartment dwellers typically move more frequently than homeowners do, the effects of high noise levels would not be a deterrent Carl Bloom, 422 30th Avenue, Seattle, WA 98122 stated that he owns Environmental Analysis, an air quality noise consulting firm Mr Bloom stated that he measured existing noise levels on the Coblentz property over a 24-hour period, comparing those levels to existing noise regulations and criteria of other cities Mr Bloom stated that results of his study indicated that multifamily housing such as apartment complexes would best suit this site and is compatible with noise levels allowed in commercially zoned properties Mr Bloom stated that according to the WDOT, elevated noise levels affect the Coblentz property and would not be compatible for residential development He stated that Housing and Urban Development (HUD) analyzes noise levels over a 24 hour period and adds a penalty of ten decibels to night time hours Mr Bloom stated that HUD typically would not lend money to develop properties with day/night noise levels higher than 75 decibels. Mr Bloom stated that HUD would lend money for properties, which exhibit noise levels between 65 and 75 decibels when architectural enhancements are included in the development to reduce interior noise levels in those developments Mr Bloom stated that some special enhancements could include enhanced windows or using masonry or concrete panel facings Mr Bloom stated that the Coblentz property shows day/night levels of 76 decibels Mr Bloom stated that if WDOT were to identify noise levels along the 228th Street Corridor, they would be required to mitigate noise impacts most likely with sound barrier walls Ron Harmon MOVED and Brad Bell SECONDED to close the Public Hearing Motion CARRIED. Steve Dowell voiced concern over traffic impact and trip generation increases to 228th and Central Avenue based on development of the Coblentz property, including the currently developed MR-H properties, and the multifamily development(currently under construction on the MR-G property)next to the Coblentz site. In response to Mr Dowell, Mr Gill stated that Kent's traffic engineers estimate that development of the Coblentz property would generate an increase of approximately 80 peak hour trips He stated that based on an estimated final build-out of 1,000 units combining the Coblentz property and surrounding properties, this could generate 600 peak hour vehicular trips in the area. Mr Gill stated that currently 228th Street, East of Central Avenue handles approximately 8,300 daily vehicular trips He stated that based on this statistic, he estimates additional 1,500 total daily trips and 80 peak hour trips could be generated Mr Gill stated that 228th Street is a collector arterial roadway and that the estimated trips would not over tax that classification of road He stated that 228th could easily accommodate over 10,000 to 15,000 vehicles a day on a road of that classification Terry Zimmerman stated that it seems that there are ways to mitigate noise levels for apartment complexes as well as ways to construct the 228th Street corridor,bridge and columns that would not impact development on Land Use and Planning Board Minutes November 27, 2000 Page 12 the Coblentz property She stated that Kent needs more apartments and housing for low income families and voiced her support of staffs recommendation to approve the zoning change Brad Bell MOVED and Sharon Woodford SECONDED to adopt staff s recommendation to APPROVE CPA- 2000-2(C)/CPZ-2000-3 Coblentz Amendment with SR-8 zoning and Low Density Multi Family land use designation Motion CARRIED. Chair Johnson stated that the Board needs to reconsider their previous vote concerning the Coblentz Amendment City Attorney,Arthur Patrick Fitzpatrick recommended tabling the Coblentz Amendment until the end of the Public Hearing Session and then revisit the motion Steve Dowell MOVED and David Malik SECONDED to table the Coblentz Motion until the end of the Hearing Motion CARRIED #CPA-2000-2(E)/CPZ-2000-5 Ranniger Amendment Ms Nelson stated that the Ranniger property is located at the northeast and southwest corners of the intersection of 132nd Avenue Southeast and Southeast 256th The existing plan designations is SF-6, Single Family, six units per acre and the proposed plan designation is Commercial or Mixed Use Restricted The existing zoning is SR 4 5, Single Family Residential, 15 units per acre for the two parcels on the northeast corner and SR-6, Single Family Residential, 6 05 units per acre for the three parcels in the southwest corner Ms Nelson stated that the proposed zoning is Professional and Office She stated that the total area is approximately 4 15 acres and located on diagonally opposite corners of the intersection Ms Nelson stated that there are four existing single family detached residences located on the property with two on each corner She stated that there are no inventoried wetlands on the site Ms Nelson stated that the area surrounding the subject property is residential in nature as all the zoning and land uses in the vicinity are residential Ms Nelson stated that there are no abutting commercial or office zoning or existing developments on or near the subject property She stated that existing commercial developments are located less than one mile away both north of the site at the intersection of 132nd Avenue and Southeast 240th and south of the site at the intersection of 132nd Avenue and Kent Kangley Road Ms Nelson stated that existing office zoning is located approximately one mile to the south on the south side of Kent Kangley west of the shopping center and 1 25 to 1 5 miles west of the site along southeast 256th Street in several locations along 104th Avenue Southeast Ms Nelson stated that primary access to the site would come from either or both Southeast 256th and 132nd Avenue Southeast She stated that both streets are classified as minor arterials She stated that neither public street is improved to its design standard Ms. Nelson stated that a project to improve traffic flow on Southeast 256th is currently under construction with major work planned for the intersection at 132nd Avenue. She stated that current average daily traffic along Southeast 256th is approximately 15,700 vehicles and along 132nd Avenue Southeast approximately 17,600 vehicles Ms Nelson stated that the proposed rezone has a potential to add an estimated 600 to 830 daily vehicle trips and 77 p m peak hour trips to the local street system. Ms Nelson stated that the vast majority of development along both 132nd and Southeast 256th is residential subdivisions with the backyards abutting these streets She stated that most subdivisions within the city abut at least one arterial street Ms Nelson stated that city development patterns do not support the conversion of residentially zoned property in the middle of a single-family neighborhood to an office zone based solely on traffic concerns Ms Nelson stated that a rezone of this property would effectively generate a significant amount of additional traffic on both of these arterials beyond that which would be created by single family development She stated that the Land Use Element of the Comprehensive Plan has several goals and policies relating to the Land Use and Planning Board Minutes November 27, 2000 Page 13 development of existing commercial areas rather than creating new ones. Ms Nelson stated that these goals include Goal LU-12 to 'promote orderly and efficient commercial growth within the existing commercial j distracts in order to maintain and en stren th existing commercial districts, to minimize costs associated with g g extension of facilities, and to allow businesses to benefit from their proximity to one another " and Policy LU-12.3 'Develop regulatory incentives to encourage infill development in existing commercial areas Regulatory incentives may include urban, mixed-use zoning and higher density zones, planned unit developments, transfer of density credits, and streamlined permit processes " Ms Nelson stated that the office zone allows a variety of office and service uses most of which are also permitted in the Community Commercial (CC) zone She stated that the subject property is located between two existing commercial areas which are not built out to maximum capacity Ms Nelson stated undeveloped property with existing office zoning is located to the south as well as one to two miles west of the site. She stated that along 104th Avenue several vacant parcels with existing office zoning are for sale Ms Nelson stated that in addition, at least two developed medical dental offices/complexes have available space advertised for rent or lease Ms Nelson stated that other methods are available to generate additional office availability other than creating an additional commercial node in the middle of a residential area She stated that the addition of the office uses such as medical/dental clinics to the Community Commercial zone by a zoning code amendment would allow for more office availability in locations more compatible with the City's desired development patterns Therefore, staff recommends DENIAL of this request Jon Johnson declared the Public Hearing open • Jerry Klein, 823 Joshua Green Building, Seattle, WA 98101-2236 stated that he is the attorney representing Leo Brutsche who is the owner of the properties on the southwest corner of this intersection He stated that Mr Brutsche strongly supports the application for a rezone amendment. Mr Klein stated that the applicant, Mr Ranniger is in the same position as Mr Brutsche who has lived in this area for a long time He stated that Mr Ranniger has been a physician in the East Hill area for 30 years and many people appreciate having access to his medical services in the community Mr Klein urged the Board to consider this information in their evaluation Mr Klein stated that the Kent Code Section 12 02 050 specifies three considerations in reviewing your consideration of the proposed amendment. • That the amendment will not result in development that will adversely effect the public health, safety or general welfare, and • That the amendment be based on new information from that which was available when the comp plan was adopted, and • That the amendment be consistent with the other goals and policies of the Comprehensive Plan. Mr Klein stated that he can not conceive of anything that would be more beneficial for the public health than a physician He stated that the proposed amendment would not create any adverse environmental consequences on the property Mr Klein stated that with regard to new information, the entire Meridian, Soos Creek area was annexed in 1996 with substantial development following such as Bayberry Crest He stated that the most profound change is the widening of 256th and 132nd, turning these roads into major arterials • Mr Klein stated that the Soos Creek area is included within the Urban Growth Area He stated that based on the aforementioned facts,there has been a plethora of development since adoption of the comprehensive plan. Mr Klein spoke about the consistency of the proposed amendment as it relates to the comprehensive plan He stated that LU-13 4 & 5 speak about having neighborhood facilities available while maintaining convenient pedestrian oriented access to these facilities within the small neighborhood communities Land Use and Planning Board Minutes November 27, 2000 Page 14 Mr Klein stated that staff referred to land use Goal LU-12 that encourages infill development in commercial areas He stated that he does not believe that this infill policy is applicable to this subject property and does not agree with staff s report that there is any problem with our zoning code or with our comprehensive plan Mr Klein stated that it is important to understand why medical facilities are not included within the NCC, Neighborhood Commercial Centers or the CC, Community Commercial Centers Mr Klein stated that the potential exists of having people with contagious diseases entering busy commercial areas, therefore, it makes sense to provide neighborhood facilities such as the medical facility Dr Ranniger is proposing in less dense areas Fred Mendosa, 555 West Smith Street, Kent, WA stated that he represents Mr Ranniger as his attorney. Mr Mendosa reiterated that Mr Ranninger has worked on the East Hill for thirty years as a family practitioner with one other doctor in his office He stated that Mr Ranninger needs to expand his practice and believes that East Hill could use two or three additional family practitioners as the burgeoning population grows Mr Mendosa stated that he could not expand his current location because of its zoning He stated that Mr Ranninger has opted to sell a portion of his property where his medical practice is located and seek a new location where he can expand his facility Mr Mendosa stated that a medical office is not permitted in the commercial zone He stated that when staff s report states that there are a variety of uses that can be placed in a commercial setting, a medical office is not one of them Mr Mendosa stated that very little office space exists on East Hill that would be suitable for this medical office Mr Mendosa stated that the proposed site is not located in the middle of a major neighborhood He stated that wetlands exist near the proposed site Mr Mendosa stated that the impending traffic improvements to 132nd and 256th would include channelization and curbing It is going to be difficult for anybody who owns one of the single family residences on the proposed site, to apply for a permit that would allow them to build anything that would provide access to the property other then a right-in or right-out access U Mr Mendosa stated that there are major bus routes moving both directions on 132nd and 256th that could provide access to a medical facility on the proposed site Ted Nixon, 911 East Temperance Street, Kent, WA stated that a total of 6 1 square miles of city land is j located east of the Benson Highway of which 68 8 acres is zoned "O" He stated that 25% of the "O"zoning is designated wetlands, 30% of the land is Sequoia Junior High School and 55% of the "O" zoning on East Hill is not buildable for office use Mr Nixon stated that "O" zoning was designed to be compatible with residential neighborhoods per the Zoning Code He stated that the maximum site coverage for Office zoning is 30% compared to CC or NC zoning at 40% or Downtown Commercial zoning at 100% Mr Nixon spoke at length on setback and landscape requirements in the "O"zone Mr Nixon stated that the current separation distances between the two major intersections, in relation to the subject property, appear to be two miles He stated that current planning suggests that those separation distances should be no more than a half-mile apart to maintain a village concept within walking distance from the residential areas Mr Nixon stated that the subject property should be developed in a manner compatible to the neighborhood • He stated that Dr Ranniger is a valuable asset on East Hill and should be located in the heart of the community that he serves. Christopher Brown, 9698 Rainier Avenue South, Seattle, WA 9811E stated that he is a licensed engineer He stated that if the subject property sites, located diagonally opposite each other on the intersection, are developed with single family residences, it could be difficult to gam access to these properties Mr Brown Land Use and Planning Board Minutes November 27, 2000 Page 15 stated that the development of the northeast quadrant would generate about 57 vehicular trips per day and approximately 134 vehicular trips in the southwest quadrant Mr Brown stated that the northeast quadrant would generate 6 peak hour trips and the southeast corner approximately 14-peak hour trips He stated that rezoning the northeast quadrant for use as a medical/dental facility and the southwest quadrant for use as an office facility would increase the traffic volume by approximately 567 vehicular daily trips Mr Brown stated that his calculations closely align with staff s report of approximately 600 to 800 daily taps. Mr Brown referred to Kent's Development Assistant Brochure Section 6 3, in elaborating upon minimum corner clearance standards as they relate to the subject properties and how to eliminate adverse traffic flow elements at signalized intersections that would impede traffic Mr Brown stated that there is no way to access at least three of the lots on the northwest quadrant if developed with single family other than right-in and right-out He stated that the same condition exists on the southwest quadrant Mr Brown spoke at length on alternative design elements for access to the subject properties He stated that the existing zoning and staffs proposal for the subject property creates an impossible land use development situation as well as creating the potential for traffic movement hazards James Marso, 34815 Pacific Highway, Federal Way, WA stated that he is a real estate broker for ReMax Realty West representing Roy and Deanna Grtchel in the sale of their property located on the northeast corner of 256th and 132nd Avenue Southeast He stated that he marketed the property in various venues displaying a prominent sign identifying the zoning and development potential in the SR-4 5 zoning Mr Marso stated that every inquiry was met with resistance to the plan that we proposed He stated that four months into the process,Dr Dan Ranninger and his wife came along with a different concept for this particular intersection. Mr Marso stated that if a developer were able to overcome all the mechanical details associated with locating driveways close to intersections, this intersection is still unsuitable as a residential neighborhood He stated that there is daily vehicular travel at this intersection of 15.000 cars in one direction and 17,000 cars in another direction He stated that the speed at which cars travel in this area typically exceed the 25 mile per hour speed limit posing safety risks to the children in the area He stated that the volume of noise at 132nd and 256th would deter people from purchasing in this area Mr Marso stated that the development of a medical office would create an excellent buffer for the residential neighborhood surrounding it He stated that this type of development presents an excellent and orderly transition for the community while recognizing the growth of the Kent area and the need for more office space on East Hill He stated that he supports the applicant's request for a rezone Dr. Ranninger, Kent, WA stated that he and his partner, Dr. Linda Geer, in contemplating the need for two additional partners, they estimated the need for twice the square footage as they currently have He stated that the present plan drawn up by Mr Nixon includes lust 2200 square feet Mr Ranniger stated that he felt the lot at the intersection of 132nd and 256th would be a good location to construct his facility He stated that in looking at the Gitchel's home, he determmed that it would not be suitable for conversion to an office Mr Ranniger stated that he entered an earnest money agreement with Mr Grtchel contingent upon approval of a 2200 square foot office Mr Ranniger stated that he did not intend to become embroiled in controversy He stated that the addition of a medical facility on the subject property would be an amenity to the community • Mr Ranniger stated that at the time he prepared his proposal to the City of Kent for a rezone request, he was informed that you could not spot rezone He stated that he was told to include a bigger plan, which would add to the comprehensive plan He stated that at the inception of this application, he was advised to include Mr. Brutsche's property as part of the application proposal, therefore encompassing parcels of land on two corners. Land Use and Planning Board Minutes November 27, 2000 Page 16 • Roy Gitchel, 18703 Southeast May Valley Road, #A, Issaquah, WA 98027 stated that he has resided on the property at the intersection of 132nd and 256th since 1979 He stated that his property has been reduced from 1 5 acres to less than lacre due to the widening of 132nd and 256th Mr Gitchel stated that his property has deteriorated as a single-family residence and the zoning has changed from multiple units and apartments down to 4 5 units per acre Mr Gitchel stated that the only available access to his property is right-turn in and right-turn out. He stated that once the city completes its street improvements, a solid island would be constructed past the property with no possibility of access to the property Mr Gitchel stated that Mr Ranniger is the first person who has shown interest in his property since it was listed for sale in May He voiced his support of the Ranninger's rezone request Beverly Riedler, 13110 SE 258th Street, Kent, WA 98031 stated that her residence abuts the southwest corner of the Brutsche property She stated that the Brutsche's are requesting a rezone to Commercial as they did two years ago, at which time their rezone request was denied Ms Riedler stated that traffic continues to increase and accessing 132nd Avenue from her community from 258th Avenue has become dangerous She stated that the addition of a commercial development would increase traffic congestion and disrupt the quiet nature of their traditional neighborhood where she has resided for 12 years She stated that the Bayberry Crest community located west of her neighborhood is quiet and would like to see that the nature of that community be maintained Ms. Riedler spoke about her concerns with increased noise, pollution and water drainage run off if commercial development were to occur on the subject site She stated that commercial business traffic would • pose safety factors for children walking to and from Meridian Elementary School Ms Riedler stated that many of Dr Ranniger's patients would be traveling from outlying areas to his facility as many HMO insurance plans dictate the preferred care provider that a patient can use She stated that she could not see how Dr Ranninger would increase his patient base by locating his medical office within this community. Ms Riedler stated that commercial facilities are already easily accessible from their residential community without the need to add additional commercial development Ms Riedler submitted Letters signed by her neighbors, for the record as Exhibits #11 through #18. Lee Robertson, 13104 SE 258th, Kent, WA 98031 spoke of his concerns over traffic issues and the difficulties experienced by the residents in accessing 132nd Avenue from their respective neighborhoods Mr Robertson stated that Dr. Rammnger currently owns property at 116th and 240th where he could apply for a rezone for a medical office He stated that medical facilities currently exist at 240th and 132nd Avenue Mr Robertson stated that commercial development does not guarantee what will end up in your community as eventually businesses may convert to other uses He stated that he has resided in this community for 13 years and voiced his support to retain current zoning Kathy Baskin, 25630 130th Avenue Southeast, Kent, WA submitted a letter she had addressed to the Land Use and Planning Board for the record as Exhibit #19 and a letter signed by Dana and Robert Cox and Shelley Lindsay for the record as Exhibit #20. She stated that she resides in Bayberry Crest Ms Baskin • stated that although she does not believe it was Dr Ranninger's intent to offend anyone, she is offended Ms Baskin stated that her community has been dismissed as insignificant and unsubstantial which is not true She stated that she sat on a City of Kent School District committee to consider expanding their boundaries as the number of residential neighborhoods on East Hill have increased Ms Baskin stated that new schools have been constructed to accommodate the increase She stated that this does not imply insignificance. Land Use and Planning Board Minutes November 27, 2000 Page 17 Ms Baskin stated that improvements to the roadway has been to increase it to a three lane road with a two- way left turn lane from 116th to 132nd Avenue which includes a bike lane that accesses the Soos Creek Trail Ms Baskin stated that she is concerned for the safety and welfare of her children as well as all the children in her community specifically with the increase in traffic that would occur with a commercial development She stated that the southwest corner of the subject property backs up to a storm water retention pond She stated that the pond backs up to some of my neighbors and is located 20 feet from her deck She voiced concern that if the subject property was developed as a commercial site, the water volume in the water retention pond could increase, thereby flooding their land decreasing property values Ms Baskin stated that a commercial business could not be contained in an 8.00 a in to 5:00 p.m scenario, as the potential exists for alarm system activation 24 hours per day with the possibility of no response This scenario exemplifies the fact that quality of life would be compromised and that stress levels could elevate for the residents living in the adjoining communities She asked the Board to consider staff's recommendation to DENY this rezone request Darrell Baskin, 25630 130th Avenue Southeast, Kent, WA 98031 submitted a letter and map of the Bayberry Subdivision addressed to the Land Use and Planning Board for the record as Exhibit#21. Mr Baskin stated that he resides in Bayberry Crest and is the president of their homeowner's association He stated that he represents their community in stating that a commercial development is not warranted, not needed and not desired by their community He stated that the Bayberry Crest is an upscale community consisting of 48 homes ranging in value from $200,000 to $300,000 and this area needed to be retained solely as single family residential A commercial development would devalue these properties and affect quality of life Mr Baskin stated that he believed when the City of Kent planned the road improvements from 116th easterly just beyond 132nd, they did not consider the development of commercial office buildings nor a zoning change He believes that a commercial project would be incompatible with the current roadway system Mr Baskin reiterated his concern over the storm water retention pond and how water run off from a potential commercial development could be an issue for mitigation Mr Baskin stated that he would urge the Board to retain this area as residential and voiced his support of staff s recommendation to DENY this request Mike Wilcox, 25506 132nd Avenue Southeast, Kent, WA 98042 stated that his residence is north of the subject property He stated that he and his wife are raising 10 children and voiced concern that the quality of life would diminish with the development of a commercial center and that traffic would increase dramatically. Mr Wilcox stated that his property is close to the northern boundary of the subject property and if commercial development is approved, their property could be devalued He stated that a five-acre parcel of land exists north of our site Mr Wilcox said that he could foresee a developer purchasing the five acres, his land, and the subject corner property to develop a well-planned single family community Mr Wilcox voiced his support to DENY this application request. Shelly Lindsay, 12927 SE 257th Street, Kent, WA 98031 submitted a letter from the Gisth Family as Exhibit #22, from the Greening Family as Exhibit #23 and from the Teasley Family as Exhibit #24 for the record Ms Lindsay stated that road improvements which have occurred near the subject property did not take into • consideration impacts to the area If this property were rezoned to commercial, vehicular traffic would increase on a road system that already experiences high volumes of vehicular travel The ambience of the residential community would be threatened Noise levels would increase. Ms Lindsay spoke on behalf of her neighbor who is an office manager for a thriving dental business in Kent on Central Avenue She stated that none of the patients who use this dental service lives near that business Land Use and Planning Board Minutes November 27, 2000 Page 18 Ms Lindsay emphasized that the success of a medical or dental practice does not depend on the proximity of its patients but the professional skill of those who practice there Ms Lindsay stated that she is a nurse and sensitive to the needs of office or medical personnel She stated that a medical facility in their neighborhood would have negative impacts to the residents, reiterating some of the same concerns spoken of by her neighbors Ms Lindsay stated that their residence would suffer from decreased property values and the ability to sell their home Ms. Lindsay urged the Board to protect the quality of their neighborhood and voiced her support to recommend DENIAL of the applicant's request for a rezone Ken Teasley, 25716 130th Avenue Southeast, Kent, WA 98031 stated that he has lived in Kent 16 years and resides in the Bayberry Crest community He stated that his family made a sizeable investment when moving to Bayberry Crest and would like to see that this areas is maintained as residential only Mr Teasley stated that the any commercialization in this area is in direct conflict with the quality of life that they experience as a residential community He stated that if the subject property were developed with fast food restaurants, providing all night drive through windows, he and other residents would be subjected to the noise and would no longer have the freedom to keep their windows open at night. Mr Teasley asked the Board to consider staff s recommendation to DENYthe applicant's request. Ron Harmon MOVED and Brad Bell SECONDED to close the Public Hearing Motion carried • Sharon Woodford empathized with Mr Gitchel's concern that his property would potentially be difficult to develop She stated that it would not benefit the community to incorporate a medical facility on the subject property as the potential for disease exposure to the surrounding residents would increase and vehicular traffic would increase congestion in this area Ms Woodford stated that she is concerned about what would be proposed for the southwest comer of the subject property, as this property could be developed with something other than office. Ms Nelson stated that the City of Kent's Professional and Office zone functions under two land use designations, Mixed Use Restricted with a Professional and Office zone as well as Commercial with a Professional Office zone Ms Nelson stated that if the land use designation was commercial, the potential exists to rezone the Professional and Office zone to Community Commercial or General Commercial Ms Woodford voiced her support of staff s recommendation to DENY the applicant's request. Steve Dowell stated that he concurs with Ms Woodford in recommending DENIAL of the applicant's request Terry Zimmerman said that she is a former resident of this neighborhood stating that she was impressed with the high caliber of the Bayberry Crest Community She stated that she would not support commercial development for this area Ms Zimmerman stated that she supports staff s recommendation to DENY the applicant's request Ron Harmon stated that he supports staff s recommendation for DENIAL of the applicant's request. Brad Bell said that he resides by Lake Meridian and is familiar with the area. Mr Bell acknowledged Dr • Ranniger's value to the community but voiced his concurrence with the residents in supporting staff s recommendation for DENIAL. David Malik stated that he supports staffs recommendation for DENIAL. Land Use and Planning Board Minutes November 27, 2000 Page 19 Jon Johnson stated that it has been proven that single family development is compatible along major arterials and felt that the subject property could be designed to accommodate attractive single family parcels Mr Johnson stated that he supports staff s recommendation for DENIAL. Ron Harmon MOVED and Terry Zimmerman SECONDED to support staffs recommendation to DENY- CPA-2000-2(E)/CPZ-2000-5 Ranger Amendment Motion CARRIED CPA-2000-2(C)/CPZ-2000-3 COBLENTZ AMENDMENT Mr Fitzpatrick stated that after careful consideration and consultation with another attorney, this amendment has already been heard and considered by the Board He stated that the purpose of the public hearing is to allow for public testimony, which occurred. Mr Fitzpatrick stated that the Legal department recommends if the Board wishes to reconsider their motion they will have to move to reopen the matter, then move to withdraw the prior decision and finally move to make a new decision David Malik MOVED and Terry Zimmerman SECONDED to remove CPA-2000-2(C)/CPZ-2000-3 Coblentz Amendment from the table Motion CARRIED A motion to reconsider the Board's ongmal action failed. The Board's previous motion STANDS as follows: Brad Bell MOVED and Sharon Woodford SECONDED to adopt staff s recommendation to APPROVE CPA- 2000-2(C)/CPZ-2000-3 Coblentz Amendment with SR-8 zoning and Low Density Multi Family land use designation Motion CARRIED • CPA-2000-2(t) KENTIFEDERAL WAY SCHOOL DISTRICT CAPITAL FACHITIES PLAN AMENDMENT Senior Planner, Charlene Anderson stated that this plan requires a yearly update. She stated that the Federal Way School District is proposing an amendment to their school impact fees Ms Anderson stated that staff is recommending approval of the Kent and Federal Way School District's Capital Facilities Text Amendment. CPA-2000-2(G) CITY OF KENT CAPITAL FACILITIES PLAN AMENDMENT Charlene Anderson stated that this plan requires a yearly update She stated that the capital facilities element goes into the city's annual budget and is approved for cost and revenue issues Ms Anderson stated that there were some changes from the November 8 Capital Facilities Plan for the City of Kent with the addition of some transportation and utilities projects Ms Anderson stated that staff is recommending APPROVAL of the City of Kent Capital Facilities Text Amendment Jon Johnson declared the Public Hearing open. Fred High, Executive Director for Kent school district, Kent, WA stated that in deference to the late hour he would not present a summary but would answer any questions from the Board. Steve Dowell MOVED and Terry Zimmerman SECONDED to close the Public Hearing Motion CARRIED Steve Dowell MOVED and Terry Zimmerman SECONDED to send CPA-2000-2(F) Kent/Federal Way School District Capital Facilities Plan Amendment and CPA-2000-2(G) City of Kent Capital Facilities Plan Amendment on to City Council without a recommendation Motion CARRIED • Fred Satterstrom announced Diana Nelson's departure from the City of Kent to accept a principal planner position with the City of Lakewood and wished her well ELECTION OF OFFICERS Chair Johnson opened the meeting for nominations. Land Use and Planning Board Minutes November 27, 2000 Page 20 Brad Bell NOMINATED and David Malik SECONDED a motion to appoint Terry Zimmerman to the position of Chair Terry Zimmerman accepted Ron Harmon NOMINATED and Brad Bell SECONDED a motion to appoint Sharon Woodford to the position of Vice Chair Sharon Woodford accepted. ADJOURNMENT Terry Zimmerman MOVED and Sharon Woodford SECONDED to adjourn the meeting Motion CARRIED Chair Jon Johnson adjourned the meeting at 1135 p in Respectfully Submitted, F d N Satterstrom, AICP Secretary