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HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 05/21/2001 COMMUNITY DEVELOPMENT Fred N Satterstrom, Acting Community Dev Director PLANNING SERVICES • Charlene Anderson, AICP, Acting Manager KENT Phone 253-856-5454 Wn5HINGTON Fax 253-856-6454 Address 220 Fourth Avenue S Kent,WA 98032-5895 LAND USE & PLANNING BOARD MINUTES PUBLIC HEARING May 21, 2001 The meeting of the Kent Land Use and Planning Board was called to order by Chair, Terry Zimmerman at 7 30 p in on Monday,May 21, 2001 in Council Chambers of Kent City Hall. LAND USE &PLANNING BOARD STAFF MEMBERS PRESENT MEMBERS PRESENT Terry Zimmerman, Chair Fred N Satterstrom, AICP,Acting Comm Dev Dir Brad Bell Charlene Anderson, AICP, Acting Planning Mgr Steve Dowell Kim Adams-Pratt,Asst City Attorney Jon Johnson Pamela Mottram, Administrative Secretary David Malik LAND USE & PLANNING BOARD MEMBERS ABSENT Sharon Woodford, Vice Chair(Excused) Ron Harmon (Excused) APPROVAL OF MINUTES David Malik MOVED and Steve Dowell SECONDED to approve the minutes of April 23, 2001 Motion carried. ADDED ITEMS TO THE AGENDA Acting staff role changes will be discussed. COMMUNICATIONS None NOTICE OF UPCOMING MEETINGS None #AZ-2001-1 DEMARCO ANNEXATION Acting Planning Manager, Charlene Anderson stated that the DeMarco Annexation area is located on the northeast corner of the intersection of 116th and 240th. She stated that the annexation area consists of approximately 267 acres on 42 square miles with an estimated population of 770 people Ms Anderson stated that staff has reviewed the comprehensive plan and zoning designations by King County She stated that King County recently rezoned an 8-acre parcel on the corner of 116th and 240th, from Multifamily (R18) to Neighborhood Business with a Commercial comp plan designation Land Use and Planning Board Minutes May 21, 2001 Page 2 Ms Anderson stated that some of the proposed zoning alternatives include adopting the current King County zoning designations She stated that King County has a wider range of comp plan designations compared to the City of Kent's comp plan designations Ms Anderson cited that King County has designations ranging from 4 to 12+units per acre and the City of Kent does not have those comp plan designations in that we go up to 8 units per acre or multifamily Ms Anderson stated that her preliminary report of sensitive areas in the proposed DeMarco Annexation area include Upper Garrison Creek, Clark Lake outlet, North Meridian Valley Creek, as well as wetlands defined with the creek designations Ms Anderson stated that staff considered these sensitive areas when they defined zoning and comp plan options for this annexation area Ms. Anderson defined the difference between zoning and comp plan designations in that the comp plan is a twenty-year vision of the community for what zoning or land use applications might be applied throughout Kent and our potential annexation area She stated that the implementation of that vision is zoning Ms Anderson stated that if building were to occur at a particular site, the zoning is what governs the use on the property Ms. Anderson cited the following proposed zoning alternatives by planning staff. Alternative One zoning proposal retains King County's commercial designation Kent's closest commercial designation is Neighborhood Convenience Commercial with a Townhouse zoning (MRT-16) for the two parcels adjacent to that Ms Anderson stated that the remainder of the property is zoned single family residential She stated that the single family designated property is all detached single family residential in Kent whereas King County allows attached single family residential Alternative Two zoning proposal changes the commercial designation at the Kent East Hill Nursery site to MRT-16 as shown in the City of Kent's 1994 comprehensive plant Ms Anderson stated that Kent's comprehensive plan land use map designation mimics King County's comp plan designation in effect at the time of the adoption of Kent's Comprehensive Plan in 1994 This alternative indicates Multifamily Townhome designations at the corner and either 4 5 or 6 units per acre single family for the remaining area Alternative Three zoning proposal places multifamily townhomes next to commercial at the corner, with the entire remaining area designated six dwellings units per acre Ms Anderson stated that Neighborhood Services replicates the closest comprehensive plan land use designation to King County's at the comer, with Low-Density Multifamily where the MRT- ' 16 is proposed She stated that Kent would apply a comp plan designation of single family, six units per acre for the remainder of the area Alternative Four zoning proposal designates the three properties at the northeastern corner of the SE 240th/116th Avenue intersection as MRT-16, with the remainder of the annexation area as Single Family Residential, six dwelling units per acre Jon Johnson MOVED and David Malik SECONDED to open the Public Hearing Motion carried. Tony Arnoni, 15861 132nd Place SE, Renton, WA 98058 stated that he supports staff s recommendation for Alternative One, which supports townhouse development. Land Use and Planning Board Minutes May 21,2001 Page 3 • Michael Lotto, 11644 SE 240th St., Kent, WA stated that he owns four parcels within the annexation area including 7 92 acres on the northeast corner of 116th and 240th, currently zoned commercial Mr Lotto stated that 2 9 acres located adjacent to the north, currently is zoned R-6, and he would like this property upzoned to R-16 Mr Lotto further stated that he owns 8 acres east of the corner lot and 4 76 acres northeast of the corner lot He stated that he has owned a commercial nursery in this area for 15 years. Mr Lotto stated that he is negotiating with a buyer for the commercial portion of his property to develop a Neighborhood Commercial project Mr Lotto stated that he is negotiating with Gary Young of Polygon Homes on 15 5 acres of his property for a condominium project Mr. Lotto urged the Board to consider Alternative One. Lena Teter, 23607 120th Ave SE, Kent, WA stated that she owns 4 76 acres within the DeMarco Annexation area She stated that her southern property line adjoins the Lotto property and her northern property line stops at the private road, which would be 236th if it were extended. Ms Teter stated that her western property line coincides with the western property line of the proposed MRT-16 zoning of the Lotto property She stated that the eastern line of her property fronts on 120th Avenue Southeast Ms Teter urged the Board to consider rezoning her property to MRT-12 as it would be a suitable transition between the MRT-16 zoning and the zoning in the neighboring residential area She stated that MRT-12 zoning would allow a developer to create a nicer project with more flexibility in working with wetlands, open space, greenbelts, ingress and egress especially for emergency vehicular access. Ms Teter stated that she has made initial contact with a well-known builder and reputable developer in considering a townhome project for her property. Karen Ramus, 12322 SE 238th PL, Kent,WA 98031 stated that she owns a home on one acre She voiced concern that existing neighborhoods need protection from traffic flow through the existing residential areas if condominium home sites are developed near existing residential areas Gary Young, 11624 SE 5th, Suite 200, Bellevue, WA 98005 stated that he is employed as a builder with Polygon Mr. Young spoke in favor of transitional zoning reiterating his concurrence with the testimonies of property owners Mr Lotto and Mrs Teter Mr Young stated that a stream runs diagonally through both Mr Lotto and Mrs Teters' properties He stated that the ideal design for development of this land would be to combine the properties in order to provide adequate emergency vehicular access and efficient flow of traffic flow through the neighborhood Mr Young stated that Mr Lotto is requesting retention of his commercial property use He stated that it would be beneficial to include transitional zoning such as MRT-12, which would provide the flexibility to develop lower density condominium projects on the Lotto and Teter properties • Mr Young stated that property constraints consist of sensitive areas, wetlands, slopes and grades. He stated that in zoning these properties MRT-12, it would allow flexibility for density Land Use and Planning Board Minutes May 21,2001 Page 4 • transrtiomng as well as provide an opportunity for a more efficiently designed, lower density townhome project Mr Young stated that MRT-12 zoning would provide acceptable buffering along the areas adjacent to existing single family residential areas and create acceptable separation between uses Jean Lambert, 12451 SE 235th, Kent, WA 98031 stated that she lives in Meridian Villa located within the proposed annexation area Ms Anderson in response to Ms Lambert, clarified that Alternative#4 proposes MRT-16 zoning Ms Lambert voiced concern with increasing vehicular traffic in the annexation area and the safety issues that accompany the increase in traffic flow Ms Lambert stated that the annexation area consists primarily of single family homes with the exception of the Single Creek townhomes She encouraged staff to consider developing this land as single family residential in view of the fact that school facilities are at maximum capacity with current student populations. Ms Lambert voiced support of Alternative #4 as she felt this option would minimize density and maximize a single-family residential environment Mr Dowell questioned if Ms Lambert actually desired to see the corner property zoned R-16 as he felt this zoning would intensify not minimize density, stating that Commercial pre-exists on that comer and is best suited for that property Ms Lambert said that even thought R-16 is not her first choice it is a realistic zoning for development of that area. She stated that higher density development should be placed along the main thoroughfare of 240th and not within existing • residential areas Mr. Dowell debated the validity of Neighborhood Convenience Commercial (NCC) versus MRT--16 zoning at the comer section of the proposed annexation property He stated that implementing MRT-16 zoning would create greater densities than NCC as only forty percent of NCC property can be developed Ms. Lambert stated that although she would prefer a lower density zoning in the area, the addition of commercial development would detract from the residential atmosphere of the area She stated that adequate commercial business exists towards Benson Highway and 132nd Avenue Rodney Bishop, 13717 SE 259th, Kent, WA stated that he supports Alternative #1 He stated that the existing Commercial zoning should be retained for the corner property Mr Bishop stated that this property sits on 240th, which serves as a main east/west viaduct for vehicular traffic He stated that this location would provide good accessibility to commercial services for the residents in the surrounding area Dan Eymann, 12520 SE 240th, Kent, WA 98031 stated that he pastors Eastridge Baptist Church He questioned if the City of Kent's R-6 zoning was the same as King County's definition, and if this zoning would affect the expansion plans of the church Mr. Eymann stated that the church is negotiating with the County through a conditional-use application process. Mr Eymann stated that the County is negotiating a moratorium on church and private school facilities and questioned if they would be under the constraints of this moratorium if Kent annexes the property • Ms Anderson stated that the moratorium applies to churches in rural zones only and would not apply to Eastridge Baptist Church, as it is located within the urban growth area Land Use and Planning Board Minutes May 21,2001 Page 5 Ms. Anderson stated that although conditional uses require public hearings, churches are considered special permit uses in most of Kent's zoning areas, therefore, it does not require a public hearing Ms. Anderson entered a letter from Mr. Charles Everhardy, 23400 126th Avenue SE, into the record as Exhibit#1 favoring annexation and requesting that the city consider buffering between zoning parcels and discourage spot zoning. Vicki Johnson, 18602 Marine View Dr SW, Seattle, WA 98166 spoke for her mother who resides at 11518 SE 240th west of Mr Lotto's property Ms Johnson stated that her mother's property is zoned R-6 and yet the volume of traffic along the 240th Street intersection is heavy. She stated that property along 240th has eroded in terms of supporting residential development Ms Johnson concurred with Mr Lotto and Mr Bishop in supporting Alternative#1. Ms. Johnson concurred with Board member Dowell in that retaining commercial would decrease density on the corner property Brad Bell MOVED and David Malik SECONDED to close the Public Hearing. Motion Carried. Ms Anderson stated that staff recommends Alternative #4 She stated that staff does not support expanding the MRT zone into Mrs Teter's property Ms Anderson stated that predominately large single-family subdivision lots exist in the annexation area • Ms. Anderson stated that there are three vested subdivisions in King County within the annexation area consisting of approximately 91 lots, one subdivision of which is related to South 236th Street which could preclude extending South 236th over to 116th Ms Anderson stated that one reason staff does not support a commercial designation is that it places tremendous land use pressure on the SE 240th/116th Avenue intersection for additional commercial She stated that for the City to accommodate the goals and policies of the comprehensive plan, commercial designations must be limited Mr Malik questioned the feasibility of allowing commercial on the corner of SE 240th and 116th, stating that there are approximately 700 to 800 vehicular trips through that area daily He stated that with a school in this area, safety would be an issue Ms. Anderson stated that a preliminary estimate from the City's Transportation section of the Public Works Department indicates traffic impacts from commercial are approximately 7 to 10 times greater than multifamily during the p in peak hour Mr Dowell stated that Kent Nursery exists as a commercial business on 240th within existing commercial zoning He stated that if the zoning were to change to MRT-16 as proposed by staff's Alternative#4 proposal, the City is, in effect, downzoning the property Mr Dowell stated that downzoning this property could create a problem for the owner if he were to attempt to obtain a bank loan for expansion of his commercial facility He stated that bank institutions do not like to lend money for legal nonconforming uses on property Mr Dowell stated that commercial designations can only develop 40 % of the land and development of townhomes • would create higher density in the area then commercial F Land Use and Planning Board Minutes May 21, 2001 Page 6 . Mr Dowell recommended the following option defined as Alternative#5: • Neighborhood Convenience Commercial (NCC)zoning on the corner of 240th and 116th, • MRT-16 to the east, and • MRT-12 to the north up to 236th with a buffer zone from 236th to 238th. Mr Dowell stated that MRT-12 zoning would provide an acceptable buffer zone for the SR-6 zoning located north of the MRT-12 zoning area. Mr Malik recommended an additional new option as Alternative #6. • MRT-12 zoning for the property along 236th(Mrs Teter's property) • MRT-16 zoning for the property fronting 240th • Eliminate the commercial designation Mr Bell voiced his support of Alternative #1 as it most closely ties King County's existing zoning designation with the City of Kent's zoning designations. Mr. Johnson voiced support of Mr. Dowell's recommendation of Alternative #5 He stated that it merits consideration due to the lay of the land, current zoning, future of potential growth in that area, Growth Management Act requirements and protection of existing single family neighborhoods in the area. Ms Zimmerman voiced support of Alternative #1 as she favors retaining the County's current zoning designations Mr Dowell asked for clarification on Alternative #1, as it was his understanding that the corner of 240th would remain zoned NCC with MRT-16 zoning for the remainder of the property Ms. Zimmerman explained for the benefit of the Board and audience, that Kent landowners are given annual opportunity to request changes in comprehensive plan land use designations and zoning. She stated that the Board's decision is solely a recommendation and does not preclude any future development changes for the area Mr Dowell MOVED and Jon Johnson SECONDED to recommend adoption of Alternative#5 as follows: • Neighborhood Convenience Commercial (NCC) zoning on the corner of 240th and 116th with a comp plan designation of Neighborhood Services • MRT-16 zoning for the two parcels adjacent to the NCC zoned property with a comp plan designation of Low Density Multifamily • MRT-12 zoning from 120th westward to 116th, via 236th with a buffer from 236th to 238th with a comp plan designation of Low Density Multifamily Motion died with a 3 to 2 split vote In response to Mr. Dowell, Ms. Anderson stated that the Low-Density Multifamily comp plan designation is designed to accommodate multifamily zoning or townhouse zoning She stated that this zoning allows for up to 16 dwelling units per acre, giving owners opportunity to request a zone change to Garden Density Multifamily (MRG) to accommodate apartments instead of townhouses Ms Anderson stated that rezone requests are heard before the Hearing Examiner • and evaluated by the City Council,not the Land Use and Planning Board Land Use and Planning Board Minutes May 21,2001 Page 7 Ms Anderson questioned if she understood Mr. Malik's Alternative #6 proposal, in that the property fronting 240th would be zoned MRT-16 zoning, with Mrs Teter's property zoned MRT- 12 and the remainder of the property retained as SR-6, Single Family Residential, 6 dwelling units per acre Mr. Bell stated that he now favors Alternative#5. Mr Malik stated that he does not support Alternative #1, as he strongly opposes commercial development at the 240th St intersection due to the traffic congestion generated Jon Johnson MOVED and Brad Bell SECONDED to recommend adoption of Alternative#1 and send this on to City Council for their consideration as follows • This alternative would establish a land use designation of Neighborhood Services and zoning of NCC,Neighborhood Convenience Commercial for the 8 —acre site located at the northeast comer of SE 240th Street and 116th Avenue SE, and • Multifamily Residential Townhouse (MRT-16), 16 dwelling units per acre on the 8.8 acre and 4 76 acre parcels just east and northeast of this property, with a land use designation of Low Density Multifamily, and • The areas north and east given a Comprehensive Plan Land Use Map designation of Single Family Residential, 6 units per acre and zoning designations of SR-6 and SR-4 5 Motion CARRIED with a 4 to 1 vote, David Malik opposed. Ms Zimmerman informed the audience that City Council makes the final determination on this matter She stated that citizens would be notified of the hearing where they would be given opportunity to testify. ADDED ITEM Mr. Satterstrom stated that staff role changes have been implemented on a temporary basis and could be in affect through December 2001 Mr Satterstrom stated that he has been designated Acting Community Development Director with Charlene Anderson appointed as Acting Planning Manager who according to Ordinance and Bylaws serves as Secretary of the Board. ADJOURNMENT Chair Zimmerman adjourned the meeting at 8:45 pm. Respectfully Submitted, Charlene Anderson, AICP, Acting Planning Manager Secretary S 1PetmttlPlanILUPB�2001Unmutes\010521=doc