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HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 09/24/2001 COMMUNITY DEVELOPMENT Fred N Satterstrom, Acting Community Dev Director PLANNING SERVICES • Charlene Anderson, AICP, Acting Manager KENT Phone 253-856-5454 Was H'NGTO" Fax 253-856-6454 Address 220 Fourth Avenue S Kent, WA 98032-5895 LAND USE &PLANNING BOARD MINUTES PUBLIC HEARING September 24, 2001 The meeting of the Kent Land Use and Planning Board was called to order by Chair, Terry Zimmerman at 7 00 p in on Monday, September 24, 2001 in Council Chambers of Kent City Hall LAND USE&PI.ANNING BOARD MEMBERS PRESENT STAFF MEMBERS PRESENT Terry Zimmerman,Chair Charlene Anderson, AICP,ActngPlarmmgMgr Brad Bell Gloria Gould-Wessen, Planner/GLS Ckudnator Steve Dowell Kim Adams-Pratt, Asst City Attorney Ron Harmon Bill Wohnski, Env Engineer Manager Pamela Mottram, Administrative Secretary LAND USE & PLANNING BOARD MEMBERS ABSENT Sharon Woodford, Vice Chair(Excused) Jon Johnson(Excused) David Malik(Excused) APPROVAL OF MINUTES Steve Dowell MOVED and Ron Harmon SECONDED to approve the minutes of August 27, 2001. Motion carried ADDED ITEMS TO THE AGENDA None COMMUNICATIONS Ms Anderson, in response to concerns from the Board regarding abandoning private wells as conditions of short plats, stated that the City and staff believe that these wells should be abandoned based on potential sources of contamination Ms Anderson stated the City of Kent's Wellhead Protection Plan identifies medium density residential development as the highest potential source of contamination to the aquifer for various water sources Wells provide a direct link to our aquifer, one which can provide a route for contaminants such as fertilizer and pesticides (commonly over applied in residential areas) By requiring wells to be abandoned in accordance with DOE standards, we are protecting down gradient private wells, down gradient municipal water supply wells and water quality of streams, many of which provide habitat for salmonids Ms Anderson reported that Planning received eight comprehensive plan amendments, with three applicants requesting changes from residential to commercial, (two of those properties are located on East Hill and one on the valley floor) She stated that three applicants are requesting a higher density residential, (two properties are located on the East Hill and one is located on the West Hill) Two additional applications relate to the Capital Facilities element Ms Anderson stated that additional information would be provided at the November workshop NOTICE OF UPCOMING MEETINGS Ms Anderson stated that the City of Des Moines along with the assistance of Washington State Office of Community Development is providing training to members of the Des Moines planning agency and extends an invitation to the Board members to attend Land Use and Plannmg Board Minutes September 24, 2001 Page 2 Ms Anderson stated that the Des Moines Citizens Advisory Group makes either recommendations or decisions ion development proposals and draft land use policies She stated that the training is oriented toward land use and open to anyone interested in hosting successful public meetings, serving on advisory boards and making decisions Ms Anderson stated that the training will be held at 7.00 PM October 1,2001,in the City Council Chambers, 21630 Eleventh Avenue South, Suite B, Des Moines Chair Zimmerman announced that the hearing on agricultural lands would be continued to October 8, 2001 #CPA-2000-3 AGRICULTURAL LANDS AMENDMENT Ms Gould-Wessen stated that staff s evaluation and research on agricultural lands began in March with a public open house, followed by five Board workshops. Ms Gould-Wessen submitted the following exhibits for the record: • Exhibit#1 -Letter submitted from Elaine Spencer with Graham&Dunn PC, representing Mike Carpinito • Exhibit#2 - E-Mail submitted from Mr Bob Tidball • Exhibit#3 - Letter from Judith Kilgore, C D Director, City of Des Moines • Exhibit#4- Letter from Mr Jerry Rosso with R R R, Enterprises • Exhibit#5 - Letter from Lon M Flemm, Superintendent of Parks Planning &Development Ms Gould-Wessen stated that Option 1b, Attachment 4 of the staff report should read (A-20) Agricultural and not(AG-20)Agricultural General. Ms Gould-Wessen stated that the City of Des Moines has voiced concern that they will not have time to voice their comments related to Option 4 in connection with the Midway neighborhood as a Transfer of Development Rights(TDR)receiving area Ms Gould-Wessen emphasized that the TDR designation in Option 4 is the first step in the planning process She stated that staff will invite Highhne Community College, City of Des Moines, property owners, tenants and public utilities to participate in that planning process if that TDR receiving area is selected Ms Gould-Wessen stated that the Board is to consider if the City of Kent wants to designate the existing Al and AG zoning districts as agricultural resource lands She stated that the City is required to provide either a TDR or Purchase of Development Rights (PDR) program under the Growth Management Act (GMA) in order to preserve the agricultural lands Ms Gould-Wessen stated that the agricultural lands issue began along with the Kentview comprehensive plan amendment in September 2000 She stated that the applicant made a request to change the zoning and comprehensive plan designation from an Agriculture(Al) zone to a single-family residential (SR-6) zone. Ms Gould-Wessen stated that the issue was brought to the City Council's Planning Committee to initiate a policy discussion She stated that the Planning Committee held two meetings, deciding to focus a study on Al and AG zoned agricultural lands on Kent's valley floor. Ms Gould-Wessen stated that the Planning Committee forwarded their request to the Land Use and Planning Board,resulting in workshops held in March, April, June, July and August Ms Gould Wessen stated that staff held an open house March 28,public questions and comments were taken and a survey handed out. Ms. Gould-Wessen stated that the City of Kent is mandated by the State's Growth Management Act (GMA) to designate appropriate agricultural lands of long-term significance for commercial production of food and other agricultural goods and products She said that the GMA further states that agricultural land located within an urban growth area shall not be designated agricultural land of long term significance without enacting a program authorizing transfer or purchase of development rights Ms Gould-Wessen stated that the GMA further defines long-term commercial significance to include growing capability, productivity, and soil composition of the land connected with long-term commercial production. She stated that long term commercial significance considers proximity to population areas with the possibility of more intense uses of that land Land Use and Planning Board Minutes September 24,2001 Page 3 Ms Gould Wessen stated that family farms have been in jeopardy for decades due to heightened technology,the . domination of food processing and transporting of products from large agricultural plants She stated that the use of irrigation has seen a shift in agriculture from one region to another Ms Gould-Wessen stated that packing and processing plants are moving out of this region to areas where they can decrease their labor costs. Ms Gould-Wessen stated that the King County Agricultural Commission announced their support of farmers and the "Faun Fresh Program" at their May 10 meeting She acknowledged farming exists in Kent and the City's potential annexation area. Ms Gould-Wessen stated that fanners'markets are a viable economic resource in our region, with sales up forty percent in King County since 2000 Ms Gould-Wessen stated that the University, West Seattle and Columbia markets are the largest markets comprised of 105 farmers 40% of those farmers are from King County and collectively gross $100,000 in a 13 hour week She stated that these markets anticipate generating two million dollars in 2001, with an approximate daily income of $1,200 per farmer Ms Gould-Wessen stated that the farming income generated from the three markets is estimated at$10,000 to $40,000 per acre Ms Gould-Wessen stated that Kent's Comprehensive Plan first acknowledged agricultural lands in 1977 and Kent citizens supported and passed King County farmland bond ballot propositions in 1978 and 1979 Ms Gould-Wessen stated that the City of Kent implemented comprehensive plan and zoning designations in 1986 and in 1995, the City's Comprehensive Plan reaffirmed the City's goals and policies to conserve and enhance productive agricultural lands Ms Gould-Wessen stated that the City of Kent's A-1 and A-G zones consist of 144 parcels totaling 685 acres Ms Gould-Wessen stated that the City's agricultural land sods are essentially Class Two, prime farm land soils based on the United States Department of Agricultural soil conservation maps Ms Gould-Wessen stated that the wetlands have been inventoried and considered by staff in their analysis of potential redevelopable land • Ms. Gould-Wessen spoke of the habitat within and along the Green River and creeks in the agricultural areas Ms Gould-Wessen stated that water is available to all three of the study areas, although it does not extend out to all the lands She stated that sewer is available to the outside of the study areas but could be extended into those areas Ms Gould-Wessen stated that Frager/River Road is sensitive in nature and intended for recreational use only She stated that the capacity to expand this road is limited as it runs parallel to the river Ms Gould- Wessen stated that it is staffs opinion that an industrial designation within the agricultural study area would not be compatible with nearby residential, recreational or agricultural land uses as many of the roads (besides Frager/River Road) would not be able to support the associated truck traffic Ms Gould-Wessen stated that staffs options are based on the GMA which requires the City to either purchase development rights or transfer development rights and place all the lands the City chooses under agricultural resource lands as a designation within the urban growth area Ms Gould-Wessen stated that in Options 2 and 3, it is staffs opinion that some Neighborhood Commercial development should accompany the residential development within the proposed TDR receiving area. Ms Gould-Wessen stated that staff has based the following options on the City's history of protecting agricultural lands • Option Ia - Preservation of the Majority of the Agricultural Lands using a PDR. Ms Gould-Wessen stated that if the existing recreational lands (within the agricultural land area) were designated as an agricultural resource, it would restrict the use of those lands for recreational purposes Ms Gould-Wessen stated that this option would utilizes urban separators as a way to retain recreational lands and acknowledges the open space corridor that exists by these wetlands and farmlands Ms Gould-Wessen stated that all A-1 and A-G zonmg would be designated as A-20,preserving large areas of this land Ms Gould-Wessen stated that the operation of Smith Farms would be a grandfithered use, as it does not meet the requirements for an A-20 zone She stated that this option requires that a councilmanic bond be brought before the public to raise the funds to accomplish this option Land Use and Plannmg Board Minutes September 24, 2001 Page 4 Ms Gould-Wessen stated that this option preserves approximately 391 acres as agncultural resource lands She stated that staff has estimated a cost of 36 to 48 million dollars to implement this option and believes that the financial commitments of the City would prohibit this option • Option lb-Preservation of the Southern Study Area using PDR's. Ms. Gould-Wessen stated that only the Southem area would be preserved and designated as a resource land She stated that the Central and Northern area would be designated as urban separators (SR-1), one dwelling unit per acre Ms Gould- Wessen stated that units would be developed in clusters of eight, with adequate spans between clusters to ensure ample open space Ms Gould-Wessen stated that the urban separator designation acknowledges connection of open space while still allowing agricultural activities. Ms Gould-Wessen stated that this option would designate 197 acres as agricultural resource lands, approximately 28 8 percent of the total land area She stated that this option would require a Purchase of Development Rights program which staff has estimated could cost 8 to 17 million dollars Ms Gould- Wessen stated that the (SR1) Urban Separator designation potentially could allow development of 294 clustered dwelling units in the northern and central area Ms Gould-Wessen stated that development would probably be incremental in nature and that it would probably not be economically viable to expand the sewer system into these areas She stated that the use of septic systems could potentially pollute ground water, which staff sees as a detriment with this option. Ms Gould-Wessen stated that while this option preserves open space, it is unlikely that farming would be viable where people have used their land for single family homes This option would probably only preserve these lands as open space Ms Gould-Wessen stated that staff does not favor this option. • Option 2- Preservation of the Central and Southern Study areas using a TDR Program and designating the Northern Study as a receiving area. Ms Gould-Wessen stated that this option preserves the southern area, a portion of the central area, and removes a section of the golf course from preservation Ms Gould- Wessen stated that a large section of land owned by Seattle Utilities would be removed from the preservation area She stated that the Transfer of Development Rights would occur in the northern area, where there are numerous wetlands. Ms Gould-Wessen stated that staff recommends (NCC) Neighborhood Convenience Commercial along with Medium Density Multifamily, which allows 36 dwelling units per acre Staff recommends developing only three acres with this designation Ms Gould-Wessen stated that MRT-16 and SR-6 would be allowed in this area Ms Gould-Wessen stated the potential exists for 674 dwelling units (an approximate population of 1,571) and approximately 78,000 square feet of commercial development She stated that the intention of this option is to absorb the market value of the Central and Southern area into this Northern study area Ms. Gould-Wessen stated that staff recommends that ten or more acres be used for a planned unit development, allowing flexibility during the development phase and aggregation of properties Ms Gould-Wessen stated that the carrying capacity of this land could vary based on inventoried wetlands She stated that staff has estimated that there are about 56 acres in the areas unencumbered by environmental constraints, which encompasses approximately 8% of the total agricultural lands. Ms Gould-Wessen stated that the zoning in the TDR receiving area would not take affect until the time of development stating that this option preserves 265 acres of land or approximately 38 7 % of the total area as agricultural resource lands. She stated that the 347 remaining acres would be converted to a TDR receiving area with 73 of those acres converted to SR-1 Ms Gould-Wessen stated that staff believes that a minimum of 56 acres of buildable land would be required to absorb the market value, with the potential to create approximately 156 new jobs and generate 2,185 new trips per day She stated that approximately 102 acres of actively farmed land would be lost by developing 56 of the available acres Ms Gould-Wessen stated that wetlands could be used for agricultural purposes. • Option 3 -Preservation of Central& Southern Study Areas and Portion of Northern Study Area Using PDR/TDR with Northern Study Area as Receiving Area. Ms Gould-Wessen stated that this option is the same as Option 2 contained within a smaller area. She stated that this site consists of approximately 32 Land Use and Planning Board Minutes September 24, 2001 Page 5 acres with three acres of buildable land not encumbered by wetlands or their buffers, about 5% of the total • agricultural lands to be converted and used for development. Ms Gould-Wessen stated that the potential exists for a 78,000 square foot commercial development and 206 dwelling units using MRT-16 and SR-6 zoning designations She stated that the 206 dwelling units could potentially provide housing for 408 people, generate 156 jobs and 1,536 new tnps She stated that this option designates 315 acres or 46% of the total land area as agricultural lands Ms Gould-Wessen stated that 281 acres would be designated as a receiving area of which 89 of those acres exist as parks and would be converted to SR-1 Ms Gould-Wessen stated that this program would need a Purchase of Development Rights program to augment the small amount of absorption that could actually occur, at a potential cost of 18 to 24 million dollars She stated that that City would see a loss of 66 acres of actively farmed land to 35 acres of development with this option • Option 4 - Preservation of Central & Southern Study Areas and Portion of the Northern Study Area Using PDR/TDR with Midway Neighborhood as Receiving Area. Ms Gould-Wessen stated that staff recommends this option She stated that this program would need to have a TDR bank Ms Gould-Wessen stated that the Midway transfer area is in the vicinity of Kent Des Moines Road, Pacific Highway South and 240th Ms Gould-Wessen stated that this option would require a councilmanic bond and all of these options recommend a zoning designation of A-20 She stated that the extent of the receiving area would depend on a neighborhood planning process Ms Gould-Wessen stated that staff recommends a change in zoning from General Commercial and Mobile Home Park to Office, Office Mixed Use and Community Commercial Mixed Use Ms. Gould-Wessen stated that the resulting density of housing potentially could shift from 140 • units and provide employment for 1,254 people She stated that this option would preserve 57% of the total land area of 391 acres of which 294 of those acres would be converted to an urban separator of SR-1 Ms Gould-Wessen stated that 141 of the total land area is owned by utilities or existing and potential parks. qk Ms Gould-Wessen stated that staff sees the Midway area as an opportunity for a Transfer of Development Rights She stated that the City of Kent Public Works Department intends to enhance the highway strip with sidewalks, trees,median strips and lighting Ms Gould-Wessen stated that this option provides an opportunity to bnng office to the area, which would provide the market for a successful TDR program and with the change in land use, the community would change considerably Ms Gould-Wessen stated that the TDR program would require a Councilmanic Bond at a cost of eight to 10 million dollars She stated that staff believes the preservation of the agricultural lands would be best served with this option Mr Dowell stated that a General Obligation Bond and not a Councilmanic Bond goes before the public for a vote on whether or not they would want to tax their properties Ms Gould-Wessen thanked Mr Dowell for noting this correction Mr Hannon questioned that if the City were to annex the land south of their boundary, currently zoned Al or AG, would this land fall under the GMA's agricultural resource land requirements in order for the City to preserve that land Ms Gould-Wessen stated that staff has been required to look only at the agricultural lands within the City of Kent's boundaries and not the City's (PAA) Potential Annexation Area She stated that both King County and the (GMPC) Growth Management Planning Committee have been looking at the agricultural production district, which is part of the lower Green River north of 277th • Ms Gould-Wessen stated that two years ago the King County Council and the GMPC decided to remove the agricultural production district from Kent's potential annexation area and maintain this district as a rural area She stated that the GMPC will vote on this issue next week then this matter will return to King County Council Land Use and Planning Board Minutes September 24,2001 Page 6 as a recommendation to remove this area from both Kent's potential annexation area and from the City of Auburn. Steve Dowell MOVED and Brad Bell SECONDED to open the Public Hearing. Motion Cared Chair Zimmerman declared the Public Hearing open, Linda Hayes, 19229 SE 234th Place, Renton, WA 98058 stated that she speaks on behalf of her mother and father, Casey and Lucille DelaCruz She stated that her parents have farmed in the Kent Valley between 216th and 144th Ave South and Frager Road since the early 1940's Ms Hayes stated that the farm consists of three parcels of land containing 20 acres located lust south of 216th, adjacent to the Kemview PUD and the norther study area Ms Hayes stated that today's conditions have made it economically unfeasible for her parents to continue farming She stated that her parents believe the City is attempting to force farmers into keeping their properties zoned agricultural when they would rather see these properties zoned differently Ms Hayes stated that her parents also voice concern as to what could happen to their rights to irrigate their land year after year Ms Hayes stated that her parents would like the flexibility to use their land to the best advantage,whether that is to parcel out their land for their heirs or to have the option of selling their land for either commercial or residential development Ms Hayes stated that the GMA is a vehicle to provide for development of land within the City's boundaries and prevent urban sprawl Ms Hayes stated that the City has a moral obligation to meet the requirements of the Growth Management Act by providing homes for those working in the cities as close to the workplace as possible Ms Hayes stated hundreds of acres of wetland and nonbuildable areas are located immediate adjacent to her parents property so that open space is not an issue She stated that the City has substantial amounts of farmland already preserved in Kent with additional lands to the south proposed for preservation • Ms Hayes stated that her parents' land is destined for development, and it would compliment the existing adjacent residential development with sewer, water and roads located at its property line Ms. Hayes stated that her family supports Option 2 which would provide for a mix of open space, Neighborhood Convenience, Medium Density Multifamily Townhouses and Condominiums and single family residential In response to Mr Harmon, Ms Gould-Wessen stated that the (PDR) Purchase of Development Rights and (TDR) Transfer of Development Rights essentially evaluates property market value Ms Gould-Wessen stated that the current zoning on the agricultural land is Al, one dwelling unit per acre, which is considered as the land value Ms Gould-Wessen stated that the City would pay the market value of a one-acre, one single family dwelling unit to purchase or transfer property to another site. Ms Gould-Wessen stated that the City has estimates that a one-acre lot would be valued from $60,000 to S75 000 based on a PDR She stated that if a person participated in a PDR or TDR program, the land would remain agricultural Ms Gould-Wessen said that allowing the City to purchase development rights is strictly voluntary stating that if the landowner does not choose to have their development rights purchased, they would be downzoned to A-20 Scott Hurter, 24157 145th Ave. SE, Kent, WA 98042 voiced his concern over how the final 850 acres of farmland in Kent's city limits will be used Mr Hurter stated that he represents KYSA, Kent Youth Soccer Association, which has a membership of 1500 children, and combined with the Kent Parks Program involves over 3500 kids in youth soccer within the City of Kent. Mr Hurter stated that KYSA continues to lose children to other organizations due to the lack of field space and the inability to set adequate practice times to accommodate soccer teams Mr Hurter said that Kent lacks adequate sports facilities in Kent. He stated that in his discussions with Gloria Gould-Wessen and John Hodgson, Director of Parks Recreation and Community Services, it was determined that the City has not designated any field space or made considerations for future facilities in order to accommodate soccer Mr. Hurter stated that the ability to host tournaments within the KYSA could be a major fundraiser for Kent if field space were available Land Use and Planning Board Minutes September 24, 2001 Page 7 Mr Hurter stated that it is his understanding that Kent is the second or third largest school district within the • state reiterating his concern that the City needs to consider the need for more field space and sport facilities Mr Hurter questioned if the definition of sports fields fell under recreational use and urged the Board to consider the need for sports fields and facilities Alice Watkins, 31621 West Lake Morton Drive Southeast, Kent, WA 98042 stated that staffs report indicates that only 38% of the agricultural land in Kent are being used for agricultural purposes Ms Watkins stated that staffs report is misleading in how the amount of agricultural land was calculated She stated that the report lists other public lands within the agricultural area, which are not agricultural in nature, equating to 25% of all the land being evaluated as part of this study Ms Watkins voiced concern that by including these additional public lands, the percentages are skewed and if these public lands are removed from consideration, the percentages are drastically altered She stated that she believes that percentages were calculated to benefit those proposing that all the property be kept in the agricultural zone Ms Watkins stated that she did not consider Option I or B to be viable options as they require a bond issue to go before the people for a vote, which would not be feasible in the current economic climate Ms. Watkins stated that she would not favor Option 4 as she feels that this option is politically motivated and not in the interest of the property owner as this option would not allow them to sell their property. She stated that staffs August 13 report acknowledged that there is little demand but lots of capacity allowed by the present zoning. which indicates to her that the City has no need for TDR's Ms Watkins stated that the densities in the Des Moines Pacific Ridge neighborhood could slow the market for additional housing in Midway She stated that the PDR program would need to be relatively large to ensure funding for interested property owners Ms Watkins stated that she supports Option 2 where no bond issues are involved allowing the control to remain in the City of Kent It allows property owners in the northern area to purchase development rights thereby benefiting owners in the southern district Dean Watkins,31621 West Lake Morton Drive Southeast,Kent,WA 98042 stated that he owns property in the northern study area Mr Watkins stated that he supports Option 2 or 3 conveying that he believes Option 2 to be the best choice He stated that Option 2 would generate revenue for the City and would allow landowners a fair market return on their investments Mr Watkins stated that Option 3 would allow for development of approximately 5% of the overall property while a majority of the protected area is in the southern study area Jeff McCann,24826 247th Place SE, Maple Valley, WA 98038 stated that his family has owned property in the northern study area for 48 years He stated that he completed his master's degree at the University of Washington with his thesis on Transfer of Development Rights Programs He stated that he completed an in depth study of the King County TDR Program as well as other programs throughout the United States Mr McCann stated that TDR programs began in 1916 in New York and did not produce any transfers at that time He stated that in the 70's,two dozen more programs were created with only a few transfers occurring Mr McCann stated that despite the poor performance, many jurisdictions turned to TDR programs He stated that a study in 1987 showed that of 50 enacted programs only 12 of those programs had produced a single transfer, a 76% failure rate Mr McCann stated that in 1977, according to the Snohomish County TDC study, 23 operating programs resulted in six transfers, a 74% failure rate. Mr. McCann stated that if transfers are a measure of success, more failures then successes could be counted in many TDR programs He stated that many legal issues surround the design of TDR programs Mr. McCann questioned if the program the City of Kent is creating intends to regulate or compensate He stated that King County chose to create an incentive-based voluntary program while the City of Kent is choosing to propose a mandatory program Mr McCann stated that legal challenges and opposition have arisen when governments have mandated these programs rather than making them voluntary. Mr McCann questioned if the City of Kent has a market for the Land Use and Planning Board Minutes September 24, 2001 Page 8 rights they are creating He stated that in the case of"French Investment Company versus City of New York" TDR programs were found to be vulnerable to legal action if there is no market for TDR rights Mr McCann • stated that there is nothing inherently wrong with the TDR concept other than the failure in the TDR'sdesign and implementation of the projects. Mr. McCann stated that one of the major criteria in designing a successful TDR program is to identify potential receiving areas and analyze the development opportunities and profits at various densities Mr McCann stated that if you do not have a viable receiving area, the program would be unsuccessful. Mr McCann stated that the City of Kent's August 13 staff report indicates that Midway has little demand and lots of capacity already allowed by present zoning He stated that the incentives the City of Kent could provide would not contribute to the Transfer of Development Rights Mr McCann stated that unless the City commits to radically changing the development in Midway by allowing high rises, only a small amount of increase in density would be absorbed Mr. McCann stated that the TDR program is an attractive too] because it attempts to balance protecting land from development and maintaining the monetary value of the land although evidence shows that most TDR programs created do not produce a single transfer Mr McCann stated that a TDR program could work in the City of Kent and a lot of agricultural lands can be preserved while respecting the rights of land owners Mr McCann stated that he believes Options 2 and 3 presents a win/win situation while Option 4 seems to create a win/lose opportunity He stated that the City has not presented evidence through a market study indicating a demand for credits. Mr McCann stated that if the City chooses Option 4 without evidence that it will work, the City is creating a program to fail and could potentially lead the City in to court with many of the Kent citizens Mr McCann stated that part of the TDR program is based on the purchase of credits He said that staff has testified that the value of a one acre parcel could potentially be worth $60,000 However, this is not an indicator 0 of what people will pay for this credit Mr McCann stated that the value of a credit could be $10,000 explaining that a market study will show a variance throughout the United States from $2600 to $60,000 per credit Mr McCann stated that the TDR program needs further development before implementing this option I Mike Carpinito, 1148 N. Central Avenue, Kent,WA 98032 stated that the Carpinito Brothers have farmed in the Kent Valley 30 years, presently farming 275 acres in the Kent Valley. He stated that the City of Kent is proposing to change the zoning on the 75 acres located within the southern study area of Kent from AG to A20 Mr Carpinito stated that the farming business is complex and foresees that the nature of the farming industry will change He stated that currently approximately 25% of their crop are sold at their own fruit and produce market and 80% goes to wholesale produce companies He stated that the ability to stay in business depends on the flexibility that AG zoning provides which includes produce-processing facilities, produce-handling facilities or retail facilities related to agriculture Mr Carpinito states that if the zoning changes, they will no longer have a viable farm Elaine Spencer, 1420 Fifth Ave., Suite 3300, Seattle, WA 98101 stated that she represents Carpinito Brothers, the largest remaining commercial farming operation in the City of Kent within the lower Green River Valley, consisting of 275 acres of which 75 acres is within Kent's southern study area Ms Spencer stated that Ms Gould-Wessen reported that the other farms in the Kent area are comprised of approximately 180 acres Ms Spencer stated that she believes the objective of the Growth Management Act is to preserve commercial agriculture,not just preserve open space Ms Spencer stated that not much more than 1000 acres of agricultural land remain in the valley creating a challenge to farming in this area as there are no processors and suppliers located here . Ms Spencer stated that staffs proposal to downzone from AG to A20 (one dwelling unit per twenty acres) would curtail the processing and retail operations currently permitted She stated that zoning changes would destroy the flexibility to allow Carpinito Brothers to respond to changes in the agricultural market in the future. Ms Spencer said that she does not favor a PDR or TDR program, stating that the Carpinito Brothers has no interest in selling or trading their development rights. Land Use and Planning Board Minutes September 24,2001 Page 9 Ms Spencer urged the Board to reject staffs recommendations for the southern study area, to designate the southern area as agricultural land of local significance and retain the current zoning Ms Spencer submitted a letter from Graham and Dunn, for the record as Exhibit #7 stating that the context of this letter outlines a proposal that she believes would best benefit the interests of Carpmito Brothers and the City Glenn Gray, 20866 102nd Ave. SE, Kent, WA 98032 stated that his family has inherited 10 acres located at 216th Avenue Southeast and 42nd Avenue South Mr Gray stated that the purpose of the Growth Management Act enacted in 1990 was to control and regulate land used for development Mr Gray voiced his disapproval of TDR and PDR programs, as it has been his observation that much of the land purchased through this manner sits undeveloped. Mr. Gray stated that he favors Option 2. Albert Dreisow, 5221 South 212th St., Kent, WA 98032 stated that he farms all the land in the northern study area with the exception of the DeLaCruz property He stated that he intends to retire from his 51 years of farming, which is no longer cost affective Mr Dreisow stated that he would like to see the land developed as residential or commercial as the nature of farming has changed over the years Eric Bradfield, 17508 SE 238th St., Kent, WA 98042 stated that he serves on the Board of the KYSA, Kent Youth Soccer Association and schedules the fields for soccer use He stated that although more children are joining the program,new play space is not being acquired Mr Bradfield stated that KYSA leases a ten-acre parcel from King County, which is maxed out necessitating moving some of our teams to schools in the area He stated that from an administrative standpoint, it is difficult to conduct a program efficiently Mr. Bradfield stated that Kent needs a complex on 10 to 20 acres to accommodate the soccer community, encouraging staff to consider the needs of children as part of the city's land development planning He stated that the City needs to retain the quality of life which Kent now enjoys or people will seek other areas to live and the community will suffer as a result of population reductions Jere Thornton, 2453 1/2 South 135th, SeaTac,WA 98168 stated that she supports Option 2, as she believes this option does not require taxpayer funding She stated that she owns a 10-acre parcel in the northern study area west of the Green River at Frager Road and 216th Ms Thornton stated that this land has been in her family for 75 years and she sees that the nature of farming in this area has changed so that it is not profitable to farm this land She stated that many of the farms in this area are too small to compete successfully with produce that comes from huge factory farms in other areas. Ms Thornton voiced her concurrence with other speakers who stated that voters will not support options which will increase their taxes stating that Option 2 is the only option that will not require voter approved higher taxes. She urged the Board to consider Option 2 as increasing development in this area will generate revenue for the City and allow land owners control over their property Craig Eckland, 24421 Frager Road S., Kent, WA stated that he owns four acres northwest of the Riverbend Golf Course, which he does not farm nor mtendsto use for development or investment purposes He stated that this property consists of one acre of dry land and three acres of swamp. He stated he supports most of the options although he would not desire that the DeLaCruzs, Dreisows or Carpimto Brothers suffer as a result of the Board's decision John Green, 21839 Frager Road, Kent,WA 98032 stated that he has resided in the northern study area for 16 years and has enjoyed the agricultural nature of the property He commended staff for their thoroughness voicing his support of Option #4 He stated that it seems the potential exists to compensate agricultural landowners through the purchase of development rights Mr Green stated that he believes the Midway area • could provide a good source of revenue through the purchase of development rights. Laura Saunders, Vice President, 11(ighline Community College, Post Office Box 9800, Des Moines, WA spoke to Kent's proposal to use the Midway area as a receiving place for transfer of development rights She stated that while using Midway as a receiving area is an interesting approach, she voiced her belief that it would Land Use and Planning Board Minutes September 24,2001 Page 10 be premature to pursue this avenue of development at this time Ms Saunders stated that the college has been engaged in a series of discussions concerning the future development of the Midway area, involving economic • development directors from Des Moines and Kent Ms Saunders stated that the college is engaged in a partnership with Central Washington who plans to build a major facility on the campus to open the summer of 2005 She stated that this facility would increase graduate education in this part of the county with programs oriented toward the needs of people who are unable to commute to Tacoma or Seattle for their education Ms Saunders stated that the college site does not front Highway 99, and sits on Kent and Des Moines land She stated that she agrees with staff that this area deserves attention Ms Saunders recommended that the Board consider sending a recommendation to City Council directing staff to engage in a collaborative planning process She stated that what the college envisions for this area will require this collaborative process between communities Tom Rehon, 21243 Frager Road, Kent, WA 98032 stated that he purchased 10 acres in the northern study area nine years ago from his father-in-law He stated that he has farmed this land and run his business (known as O'Brien Green House) for 20 years He stated that his nursery business has lost revenue over the past three to four years making it difficult to support his family. Mr Rehon stated that he favors Option 2 or any option that would allow him to do what he wishes with his property including selling to a developer if that were his desire Mr Rehon voiced his opposition to Option #4 stating that he does not favor TDR or PDR programs. Brian Edmondson, 516 Summit Avenue North, Kent, WA 98031 stated that he moved to the Kent Valley after having lived in Chicago and Illinois most of his life He stated that one attribute that drew him to Kent is the wonderful school system Mr Edmondson emphasized that Kent needs to consider the need for play areas and sport facilities for children's activities when making consideration for land development He stated that if the Kent area were to experience massive development, ignore the need for open space, and recreational areas, families will be discouraged from residing in this area and traffic problems will be exacerbated Mr Edmondson commended staff for taking steps to preserve existing agricultural lands and voiced his belief that people who have toiled on their land for years deserve to be compensated fairly for their property, in balance with other decisions, laws and legalities. He stated that staff has presented carefully thought out options but stated that he feels this issue should undergo further evaluation before any recommendations are made. Alexis Koester, 26518 68th Ave. S, Kent, WA 98032 stated that she is President of Smith Brothers Farms located at 277th and West Valley Highway She stated that her grandfather bought this property in the southern study area in 1925, and it is still owned and operated by family Ms Koester stated that Smith Brothers Farms produces, processes and distributes milk from their farm in Kent indicating that their farm is the largest producer and handler of milk in the state She stated that Smith Brothers Farms employ 80 people and 50 independent distributors who work out of the West Valley Highway facility Ms Koester stated that they own 225 acres with 60 acres located inside Kent's boundaries currently zoned Al and recommended by the City for a change to A20, neither of which accurately applies to their business Ms Koester stated that although their property could be grandfathered at their current zoning of Al, their property should be zoned AG as they have a diary processing plant and distribution center She stated that she could foresee the need to add an ice cream or yogurt plant to keep up with the competition, which the AG zone would allow them to do Ms Koester said that they sold their development rights of 159 acres to King County in 1984 stating that she has no desire to sell any more development rights Ms Koester encouraged the Board to send a recommendation to the Council to exempt Smith Family Farms from these proposed options and to rezone their farm from Al to AG so that they may remain in the Kent Valley Land Use and Planning Board Minutes September 24, 2001 Page 11 • Brad Bell MOVED and Steve Dowell SECONDED to close the Public Hearing Motion carried Brad Bell MOVED and Steve Dowell SECONDED to continue the Public Hearing to October 8, 2001. Motion carried ADJOURNMENT Chair Zimmerman adjourned the meeting at 9 30 p in. 4 Respectfully Submitted, Charlene Anderson, AI P,Acting Planning anger Secretary S\Pemut\Plan\LUPB\2001\nunutes\010827m doc »k� i