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HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 10/08/2001 COMMUNITY DEVELOPMENT Fred N Satterstrom, Acting Community Dev Director PLANNING SERVICES • Charlene Anderson, AICP, Acting Manager KEN T Phone 253-856-5454 W^SHINGTON Fax 253-856-6454 Address 220 Fourth Avenue S Kent, WA 98032-5895 LAND USE &PLANNING BOARD MINUTES CONTINUED PUBLIC HEARING OCTOBER 8, 2001 The meeting of the Kent Land Use and Planning Board was called to order by Chair, Terry Zimmerman at 7:00 p m on Monday, October 8, 2001 in Council Chambers of Kent City Hall LAND USE&PLANNINGBOARDME119BERSPRFSENT STAFF MEMBERS PRESENT Terry Zimmerman, Chair Charlene Anderson, AICP,ActmgPlar mgMgr Brad Bell Gloria Gould-Wessen, PlannedGIS Coordinator Steve Dowell Kim Adams-Pratt, Asst City Attorney Ron Harmon Pamela Mottram, Administrative Secretary David Malik LAND USE & PLANNING BOARD MEMBERS ABSENT Jon Johnson(Excused) APPROVAL OF MINUTES Approval of the September 24th and October 8th minutes has been moved to the October 22nd hearing. ADDED ITEMS TO THE AGENDA None COMMUNICATIONS None NOTICE OF UPCOMING MEETINGS None #CPA-2000-3 AGRICULTURAL LANDS AMENDMENT(continued) Ms Gould-Wessen submitted the following exhibits for the record • Exhibit#1 - E-Mail letter from Mr and Mrs Len Elliott • Exhibit#2 -Letter from King County Agricultural Commission with minutes from their May 10th meeting. • Exhibit#3 -Letter from American Farm Trust • Exhibit#4 -Letter from Elaine Spencer with Graham and Dunn PC on behalf of the Carpintto Brothers • Exhibit#5 -E-Mail letter from Jennifer Kim and Lance Spnnger • Exhibit#6-Letter from Elaine Spencer with Graham and Dunn PC representing Smith Farms Ms Gould-Wessen defined a PDR as a Purchase of Development Rights and a TDR as a Transfer of Development Rights She stated that PDR's and TDR's are planning tools being considered in the preservation of agricultural lands Ms Gould-Wessen stated that PDRs and TDRs are used to purchase or transfer development j6nghts of land, based on applicable zoning She stated that the Al zone is based on the market value of one dwelling unit per acre and the AG zone on agriculturally related industnal uses Ms Gould-Wessen stated that a landowner benefits financially by selling their development rights either through a PDR or TDR without necessitating the sale of their property, the owner also may continue the agricultural uses on their property She stated that landowners are allowed to retain their property but they sell the development potential of the property Land Use and Planning Board Minutes October 8,2001 Page 2 Ms Gould-Wessen stated that the transfer is permanent and recorded in a public record She stated that this transfer serves as a conservation easement and runs in perpetuity with the land • Ms Gould-Wessen stated that a PDR is an incentive program using a General Obligation Bond to fund it She stated that once this program is established, an applicant would be required to have the land evaluated, typically based on soil classification and parcel size Ms Gould-Wessen stated that development rights would be appraised for their fair market value based on existing zoning and environmentally sensitive areas She stated that if the price were agreeable to both parries, payment would be made and all speculative value associated with development of the parcel would be removed Ms Gould-Wessen stated that the owner would retain ownership of the land and payment to the property owner would be in a lump sum or on a payment basis for tax purposes. Ms Gould-Wessen stated that the TDR differs from the PDR in that the City is not purchasing the land directly through general obligation bond funds, rather a developer approaches the property owner to purchase the development rights Ms Gould-Wessen stated that the property owner who sells their development rights is a TDR sending site and the total development rights sold is based on existing zoning Ms Gould-Wessen stated that a TDR receiving site applies development rights, for example, to increase density beyond the existing zoning Ms Gould-Wessen stated that like the PDR program, restrictive covenants are applied to the title on the agricultural property, so that the resource will remain available for agricultural purposes. David Malik MOVED and Steve Dowell SECONDED to open the public hearing Motion carried Chair Zimmerman declared the Public Hearing open Jack Nelson, 601 W. Gowe St., Kent, WA 98032 stated that his family has owned their 10-acre site in the southern study area for over 100 years He stated that his family opposes every option, as they would affect his property by rezoning it to A20 Mr Nelson stated that his family favors retaining the existing zoning or rezoning to commercial or industrial use Mr Nelson stated that a rezone to A20 would be counter-productive to nurturing agriculture and does not allow flexibility for change Mr Nelson voiced his belief that land owners will not be fairly compensated under a TDR or PDR program as these programs are inequitable He voiced his concern that a fair market value is based on existing zoning without consideration to other potential land uses. In referring to the September 24 minutes, Mr Nelson stated that if a landowner does not choose to have their development rights purchased, they would be down zoned to A20 He stated that this method would not fairly compensate landowners. Mr Nelson stated that the TDR program seems speculative He questioned the methods used by the City to determine a unit per acre value, saying that this is only one indication of the value of property Mr Nelson questioned how the potential for commercial or industrial development would be evaluated, stating that the south study area is well suited to that type of development due to the existence of a transportation infrastructure and availability of utilities Mr Nelson stated that City Administration would incur continued expense under the PDR program as they will need to monitor landowners for compliance with land restrictions imposed by the City Mr Nelson stated that the Carpmitos are farming his property and he is not receiving any compensation for their use of his land Chris Curtis, 4219 Corliss Avenue North, Seattle, WA 98103 stated that she is the Director of the Neighborhood Farmers Market Alliance, a community-based nonprofit organization in the City of Seattle. Ms Curtis stated that the Alliance operates the University District Farmers' Market, the Columbia City Farmers' Market and the West Seattle Farmers'Market with a new market opening in Lake City in June 2002 •Ms Curtis stated that the markets are open for only 13 hours per week and have experienced remarkable success with an increase in farm sales of 30 percent this year She stated that farmers' gross sales over the past 8 weeks have averaged $100,000 per week and will reach$2 million dollars in local farm sales by the end of the season in November Land Use and Planning Board Minutes October 8,2001 Page 3 Ms Curtis stated that the University District Market routinely collects $45,000 to $60,000 on market day through direct farm sales. She stated that there are 115 farmers in their database with waiting lists at all three of the markets Ms Curtis stated that farmers from Eastern Washington and King County are represented in the markets Forty percent of the farmers are from King County and represent approximately 30 percent of their total sales Ms Curtis stated that the average King County farm size is less than six acres with intensive farming Several farmers have generated $10,000 to $40,000 in gross sales per acre She stated that the demand for locally grown produce at the markets has risen between 20 to 40 percent per year with this demand occurring in Woodinville, Redmond and Issaquah. Ms Curtis stated that the markets are receiving less than a half percent of total produce dollars spent in Puget Sound She stated that if the farmers' markets could secure one to two percent of produce sales, this would be equivalent to $12 million dollars in revenue. Ms Curtis stated that the loss of local agricultural resource lands would undermine the local farm economy Don Stuart, 3213 South Normand St., Seattle, WA 98144 stated that he serves as the Pacific Northwest Regional Director for a national organization known as American Farmland Trust He stated that this organization works to protect and keep active farmland in production and encourage use of good stewardship practices Mr Stuart stated that public opinion strongly supports agnculture in this state and encouraged staff to support the protection of farmland to provide for economic diversity and recreational activities Mr Stuart stated that the Kent Valley's proximity to Seattle makes it convenient for farmers to sell their produce at local farmers' markets Mr Stuart stated that farming is diversified including u-pick operations and on site 4 •processing operations, which allows for direct sales to fanners' markets He stated that the diversity in farming includes tourism, entertainment farming and Consumer Supported Agriculture and home delivery service He added that the old way of farming might not work,but there are new ways to farm. Barbara Hallock, 405 Clark Ave. N., Kent, WA 98031 stated that in her 83 years of residency, she has experienced remarkable changes in the Kent valley She commended staff for their work on the study areas stating that a simple solution does not exist in balancing the interests of all those connected with the land in these study areas Ms Hallock stated that the City should retain agricultural land to provide a high quality of living that could provide diversity and meet the recreational needs for the community as well Ms Hallock voiced her support of Option 4, as it seems to provide equitabihty and will provide a way to preserve the land for future generations. Rita Bailie, 20607 101't Ave. SE,Kent,WA 98031 stated that she serves as the Rainier Audubon Wetland Chair She stated that farmlands serve as wildlife habitats, migrating and breeding corridors She stated that she appreciates the flood storage, wetland resources and the ground water recharge areas that farmlands provide Ms. Bailie stated that these services provided for free by the farmlands would be costly to replicate Studies show that flood peaks may be as much as 80%higher in watersheds without wetlands Ms Bailie voiced her support of Option 4 as it seems the most equitable to those landowners that may wish to sell their land In quoting from a book "Better not Bigger" on Growth Management, Ms Bailie stated that "Open space and farm land are valuable and irreplaceable assets that contribute significantly to every community. Undeveloped land requires few if any public services and there is little or no public cost required to maintain it. Studies by the American Farmland Trust (AFT), consistently show that farmland and open space pay more in taxes then they require in services, providing a net surplus to the community". Ms. Bailie stated that a study by the AFT found that farmland and open space required only 52 cents in services for every dollar paid in taxes She •stated that the cost of services created a surplus, helping to make up the budget shortfall created by residential land Residential land required $1 14 for every dollar paid resulting in a $20 million dollar net loss to Frederick County, Maryland in 1995 Land Use and Planning Board Minutes October 8,2001 Page 4 Ms Bailie stated that a similar study of four New Hampshire towns conducted in 1995 found that each town had a net revenue gain from open space and a net loss for residential land Ms Bathe stated that it may cost Kent to isave farmland now, but over the years the savings returned in keeping the land in open space may make up a good portion of that cost She stated that the City strives for every housing site now, but we cannot be certain our population growth will continue as rapidly as in the past Ms Bailie stated that if our population growth escalates rapidly then farms will be needed and appreciated even more than at present Ms. Bailie stated that government and businesses have neglected Western Washington's small farms. She stated that farming is a viable business but needs consistent support, and most government farm support goes to large farms and agricultural businesses. Ms Bathe stated that the King County Agriculture Commission was formed in 1995 to help meet the needs of these farmers by developing helpful programs She stated that farmers' markets are a program providing a profitable direct link between the farmer and his customer Ms Bailie stated that successful local farming means fresher food, less shipping, truck traffic, pollution, fewer redistribution warehouses and greater food security Jack McCann, 25870 Lake Fenwick Road, Kent, WA 98032 stated that his family has owned 7 acres in the northern study area for 48 years, which contains altered soils with no agricultural value Mr McCann stated that he objects to the options presented He stated that implementation of any of the programs would exempt his land as a sending area due to the State's law requiring Class 2 soils Mr McCann stated that there is no demand for TDR's in the Midway area and wants to be assured that he and other property owners are fairly compensated for their land He stated that he would support either Option 2 or 3, as these options would preserve some of the agricultural lands and greenbelt area He stated that the use of TDR's could be funneled into the northern study areas near the Polygon development Mr McCann stated that the greatest demand for further development seems to be exhibited near the Polygon development due to sewer and utility accessibility *Kathy (Smith) Highland, 13721 SE 260th St., Kent, WA 98042 stated that she was raised on the Smith Brothers Farm, a fourth generation family business Ms Highland stated that pressures from urban growth and development have forced Smith Brothers to move their large herd from the property She stated that the GMA does not define resource land as having that type of urban pressure,but clearly Smith Brothers has that pressure or they would still be allowed to have their herd on the property Ms Highland stated that it seems contradictory to designate this property as "long term agricultural resource land" when Smith Brothers has been told that they can no longer farm as they have for the last four generations She stated that Smith Brothers would like to retain their business which includes processing and bottling of milk and warehousing milk, eggs,cheese, cottage cheese and ice cream which Smith Brothers distributes Ms Highland stated that their markets could force them to change their business strategy to include producing their own yogurt, cottage cheese and ice cream She stated that this would involve building additional processing and packaging facilities, which are not permitted under their current Al zoning She stated that it is her understanding that neither A20 nor AG zoning would permit this type of expansion Ms Highland stated that Smith Brothers needs zoning that would guarantee them the necessary flexibility to improve their business and remain in compliance now and in the future Scott Highland, 13721 SE 260th, Kent,WA 98042 said that he has worked in the Smith Brother Farms business since 1975 He stated that he is president of Smith Tractor and Equipment Company which sells,repairs and rents earth moving equipment from eight locations in Washington State, with two of those locations located in Kent Mr. Highland stated that an earlier presentation indicated that farmers' markets have the potential to gross $2 million dollars in a season He stated that when 115 farmers divide that $2 million dollars, the result is S17,000 in •gross sales per farmer and by figuring in a 5 percent margin, the resulting income is $1,000 per farmer Mr Highland stated that Smith Brothers has 60 acres of their property in Kent zoned Al located in the southern study area on the corner of 277°i and West Valley Highway He stated that it would not be reasonable to describe this property as agricultural resource land Mr Highland stated that fifty percent of the land is covered with Land Use and Planning Board Minutes October 8, 2001 Page 5 buildings, concrete, asphalt, maintained mature gravel roadways and parking areas He stated that a large industrial facility exists on the property comprised of approximately 300,000 square feet of buildings. • Mr Highland stated that milk is processed,packaged, warehoused and distributed along with other products from this site Mr Highland stated that an estimated 100 trucks or more deliver goods to and from Smith Brothers Farms daily He stated that Smith Brothers has employee housing, two office buildings, numerous barns, loafing sheds, a truck and farm equipment repair shop and storage areas for many of the delivery vehicles that reside there every night Mr Highland stated that if the cows were removed from this property, it looks like an industrial park Mr Highland stated that Smith Brothers Farm needs AG zoning at the minimum He urged staff to consider a zoning and comprehensive plan designation that not only would reflect how the company has evolved over the last 50 years but would give Smith Brothers sufficient flexibility to expand their facilities as our markets change He stated that neither Al nor A20 accommodates the changes they can foresee as necessary for the future viability of their business. Mr Highland stated that if the City were to move ahead with their existing proposals, their property would be designated as A20 resource land and would require compensation as a PDR or TDR based on current zoning He stated that the real value of the 60 acre portion of Smith Brother's Farms is estimated at between $6 and S15 per square foot or between $15 and $40 million dollars if allowed to develop in this urban environment without zoning interference. Mr Highland stated that Smith Brothers Dairy was unable to keep their cows on the farm, as the cost became prohibitive due to environmental issues connected with the distribution of manure Mr Highland stated that he was unclear what level of government imposed this order, and assured Chair Zimmerman that he could obtain this information Maria Dorn,PO Box 1623/293 S. "D" St.,Buckley,WA 98321 stated that she would prefer that the City retain the current zoning or that she would support Option 2 She stated that although her grandparents have either farmed their own land or rented it out to others to farm, farming is no longer a viable way for young people to earn a living. Ms Dom stated that farming competes with large manufacturers and constraints imposed by environmental regulations Ms Dorn stated that developing this land would be beneficial in creating housing for future generations and increasing the tax base for the City of Kent Saraj Khan, 24719 43rd Ave. S, Kent, WA 98032 introduced a letter for the record as Exhibit #7 He stated that his fancily owns 26 acres of land in the northern study area between 212th and 216th, west of Frager Road He stated that the land is not farmed and sees it following the same direction as the Greek Orthodox Church property located northeast of Orillca Road, vacant and out of production, having grown into wetland and blackberries Mr Khan stated the Central and Southern study areas have large, profitable farms but needs the City to consider zoning this land AG He stated that logistically, the Northern Study area requires development as it is close to the airport, Southcenter Mall, Interstate 5 and Highway 167 Mr Khan urged the City to zone the entire northern study area to allow for development to include soccer fields,housing and neighborhood commercial Sylvia Gray, 20866 102nd Ave. SE,Kent,WA 98031 submitted a letter for the record as Exhibit#8. She stated that her family has owned property in the northern study area for over seventy years She stated that she does not support any of the options but believes that Option 2 is potentially the least encumbering for the City and affected property owners. Ms Gray addressed the options for preservation of agricultural lands within city boundaries. She stated that the .State Growth Management Act requires that agricultural lands of long-term commercial significance located within urban growth areas cannot be designated for preservation unless the City has enacted a program authorizing transfer or purchase of development rights. Land Use and Planning Board Minutes October 8,2001 Page 6 Ms Gray stated that each option incorporates transfer and/or purchase of development nghts along with senous zoning changes for properties titled agricultural, whether or not they are so used • Ms Gray stated that her property is not under cultivation because there is no one interested in using it She stated that information has been presented about the amount of land in commercial use, income so generated and possible valuations of land relative to the purchase of the development rights Ms Gray stated that Option 4 of the report was recommended which has the most far-reaching changes and the most extensive use of TDR's and PDR's with funding by public bond issue. Ms Gray stated that fanning is becoming a harder way to earn a living. She stated that fanners for over 35 to 40 years have worked a day job then farmed evenings and weekends Ms Gray stated that people testifying have reached the age of retirement and no one has appeared to replace them Ms Gray stated that the two biggest agricultural businesses, Mike Carpnnto and Alexis Koester testified that a change in their zoning to A20 would not support or enhance their ability to do business,but severely restrict it Ms Gray stated that those of us who are not in fanning have our retirement income invested in vanous ways She stated that a farmer's future retirement investment is the value of the land itself, which is meant to be sold to provide care and retirement. I Ms Gray stated that Jeff McCann's research on transfer of development rights programs indicated that they were not an overwhelming success She stated that he raised questions about the choice of either a mandatory or voluntary program indicating that legal challenges and opposition have occurred in those circumstances Ms Gray stated that she understands that when a property owner sells or transfers development rights, he is still obligated to maintain ownership and use of the property, as he is the taxpayer of record Ms Gray questioned how a property owner within City boundaries with no development rights could sell their land She stated that the staff report and options attempt to address the preservation of agricultural lands of long term commercial •significance within urban boundanes Ms Gray stated that the testimony at this hearing refers repeatedly to commercial agriculture activity not surviving for the long term-at least not under these options Ms Gray stated that reports presented to the LUPB refer to FEMA regulations and the Shoreline Management Act impacting the use of these properties even for agriculture She questioned if the proposal intended to preserve, maintain and support long term agricultural activity and property or is the City of Kent going to embark on a costly program which binds up acres of nonfunctioning land, labeled agricultural, but rendered worthless to the mandated sale of development rights She stated at issue is the continued right and ability of individual property owners to sell their land at fair market value,not Just sell the development rights. Ms. Gray stated that to those who spoke earlier this evening, in support of farming, where are those people who want to farm. Tom Vertetis, 10115 SE 200th, Kent, WA 98031 stated that Options 2 and 3 seem the most viable in striking a balance of fairness for those land owners who want to receive fair compensation for their property at the same time protecting agricultural lands Mr Vertetis stated that Option 4 concerns him in that it seems that there is no demand or capacity for TDR's in the Midway area and that this option, if implemented, could create legal issues. Bob Tidball,28810 57th Place South,Auburn,WA 98001 stated that he grows berries on a small farm he owns south of Kent He stated that it is his understanding that zoning restricts what property owners are allowed to do with their property without compensation He stated that the Growth Management Act places restrictions on property with guaranteed compensation to the property owner Mr Tidball stated that Benaroya challenged the City of Redmond's agricultural zoning on property in the city, which went to the State Supreme Court He stated that the Supreme Court detennined that the TDR/PDR must be m place before a zoning designation is placed on the property ,in Tidball stated that if land is entered into a TDR/PDR program, the benefit to the owner exceeds the compensation that they receive He stated that he participates in a TDR/PDR program through King County Mr Tidball stated that if his land remains in production, he would realize substantial tax reductions. He stated that Land Use and Planning Board Minutes October 8,2001 Page 7 under the current program, he pays $90 per year in taxes and were he not under this program, he would pay approximately$2000 per year • Mr Tidball stated that a number of people have stated that no one wishes to farm these lands. He stated that his experience has shown that a number of people who own these lands have speculative interests and do not allow people to farm their lands Mr Tidball stated that if these landowners seek out farmers, their rental fees exceed what the farming economy can support. Mr Tidball stated that King County has entered into a program called Farm Link where they actively attempt to match landowners or farmers with people who want to farm He encouraged the City of Kent to participate if they decide to designate agricultural lands Mr Tidball stated that he paid full commercial, industrial price for his land and his business has paid for the land in less than five years He stated that in order to accomplish preservation of resource lands Government and individual property owners must work together Mr Tidball stated that his farm has served thousands of people over twenty years and he has yet to hear anyone say they do not want farmlands to remain Kevin Phelps, 26311 78th Avenue S, Kent, WA 98032 stated that his family owns Triple A Auto Wrecking at 26311 78th Ave South, along the Green River Mr Phelps speaking on behalf of his father stated that they are concerned about the land proposal for his area, as they are located adjacent to railroad tracks He stated that they favor industrial or commercial zoning as they are bounded on three sides with industrial uses Mr Phelps stated that their property consists of 14 5 acres with 11 acres zoned agricultural by King County and it has not been farmed for 15 to 20 years Mr Phelps stated that the tax benefits to the City would be substantial if this land were converted to commercial or residential use. Mr Phelps stated that any of the proposals would impair land values and jeopardize the city's economy as the cost •to the city for purchasing Smith Brothers at commercial rates is more than the city could afford Debi Nicholson, 21831 Frager Rd, Kent, WA 98032 stated that she respects the opinions of the land owners who desire to be compensated fairly for their property saying that she is a land owner in the northern study area. Ms Nicholson voiced concern that increased development in the northern study area will increase traffic particularly on 216th and Frager Rd, which is a two lane narrow road Ms Nicholson stated that traffic has increased substantially due to the River View Development, She stated that upon completion of this development there would be over 800 homes, which would further increase traffic on the overburdened road system Ms Nicholson stated that when the River View Development began, the 228th Street corridor was to be completed and would serve as an access route from the south side of the development into Kent, deferring traffic from Frager Rd She stated that the completion of the 228th St Corridor is now in question Ms Nicholson stated that a roundabout has been placed at the intersection of 216th and 42nd to funnel traffic to 212"', however, traffic still turns right out of the development heading to Frager Road. Ms Nicholson stated that the developer has indicated they are seeking pennission from the City to place a no nght-turn sign at the exit from the development She believes this will not deter people from continuing to turn right towards Frager Road Ms Nicholson stated that the City has designated Frager Road as a scenic and recreational corridor She stated that she fears if development continues south of 216th even more traffic will be funneled onto 216th and down to Frager Road, further impacting Frager Road Ms Nicholson questioned Kent's commitment in maintaining this road as a valued recreational corndor Ms Nicholson stated that she would like the city to provide its citizens with more recreational opportunities including development of soccer fields Ms Nicholson voiced her support of an option that would fall between Options 3 and 4 utilizing parts of the northern study area close to 212th and the Midway neighborhood as receiving areas. Ms Nicholson stated that if development occurs between 216th and 212th, vehicular outlets should exit only onto 212th and not 216th or Frager Road Land Use and Planning Board Minutes October 8, 2001 Page 8 Ms Nicholson urged staff and the Board to carefully consider these decisions as the loss of farming land and the resulting impacts to the Green River Recreational Corridor are irrevocable Karen Tiffany,4807 S. 216th St,Kent,WA stated that she resides in the Northern Study area She raised safety concerns associated with the volume of traffic generated as a result of the Polygon development Ms Tiffany referred to the September 24th Land Use and Planning Board's minutes in stating that zoning within the TDR receiving area would generate 2,185 new trips per day increasing traffic flow substantially on 216th and Frager Road She stated that Option 3 indicates that 206 dwelling units would generate 1536 new trips Ms. Tiffany encouraged the Board to consider the health and safety of those owners who have resided in this area over the last ten to fifteen years Ralph LoPriore, 26414 68th Avenue S, Kent,WA 98032 stated that his family owns a ten acre farm on 26414 68th Ave S bordering the State department which has not been actively fanned since 1977 and is not lucrative for his family to farm due to equipment maintenance and labor costs. Mr LoPnore asked that the Board not devalue his family's property voicing his belief that he should not have to pay for the development which has occurred in Kent since the 1980's with his property Mr LoPriore stated that when his family sold their produce at the farmers' market they could not meet their cost and remain in business He stated that his family owns some commercial real estate in Kent but believes that the options need further analysis and consideration towards compensating his family for the actual value of their land. Brett Flajole, 20705 SE 260th St., Kent, WA 98042 stated that his family resides on a one-acre parcel and carpools through the Kent Valley to work enjoying the view and farms He stated that he does not understand how the City can dictate the value of someone's property Mr Flajole stated that he believes that landowners are allowing market forces to act Mr Flajole stated that it not fair to believe that we can restrict growth Therefore, we have to look at how to control that growth, which needs to be done in a way that compensates people fairly for the years of effort and dedication to their land He stated that he opposes Option 4, favoring Options 2 or 3 as more equitable to landowners Earline Legge, 10125 SE 200th Street, Kent,WA 98032 stated that she has lived in the Des Moines, Kent area all her life and is a property rights advocate She stated that the City needs to protect and preserve those rights Ms Legge stated that she supports the local farmers' markets stating that this produce is trucked over the mountains from Eastern Washington with very little of the produce supplied by Western Washington farmers She stated that the other half of the people at the market are selling arts and crafts Ms Legge stated that approximately half the profit from the local farmers' market is generated through the sale of arts and crafts and three-quarters in sales goes to fanners in Eastern Washington or the truckers. Barbara Hansen, 21847 Frager Rd., Kent, WA 98032 stated that she lives in the Northern Study area stating that this issue is before the Board due to a permit given to Polygon to dump fill on Al property Ms Hansen encouraged the City to extend their review of this issue while considering citizen input She stated that she favors dropping the current options and retaining the current zoning. Ms Hansen stated that if the City develops the Northern Study area she is concerned with how this development will be implemented She stated that she is concerned with the high volume of traffic in the area, which will increase with development Ms Hansen stated that the infrastructure does not have the capacity to support more traffic Ms Hansen stated that the Hearing Examiner's Findings for Polygon's PUD set forth nine recommendations and conditions for development which included condition#9 "traffic and stone water analysis shall be performed after each of the three major phases of development to determine what the actual impacts are on the neighborhood and *environment from completion and occupation of each development phase The Development of Public Works shall define the scope of the analysis and the time for completion The Department of Public Works shall review the analysis for completeness and shall determine if additional mitigation is required to reduce impacts to Land Use and Planning Board Minutes October 8, 2001 Page 9 surrounding neighborhoods and the environment Necessary additional mitigations must be completed before any additional construction is allowed to occur" • Ms Hansen stated that she does not believe that condition #9 has been met and the development is approximately two-thirds complete Ms Hansen stated that if development moves forward, are developers going to follow the recommendations that are set down Ms Hansen stated that she would provide Mr Mark with a copy of the Hearing Examiner's report Brian Nicholson, 21831 Frager Road, Kent, WA 98032 stated that he resides in the Northern Study area. He stated that he initially supported Option 4, which appears to leave most of the irreplaceable farmland in open space After further consideration, he would like to see an Option somewhere between Options 3 and 4. Mr. Nicholson stated that his family enjoys the recreational opportunities in the Kent Valley He stated that Option 4 is in contradiction with his desire to sell his land at the highest price possible so that he might have an opportunity to stop farming and enjoy his retirement Mr Nicholson stated that he does not want to deny his neighbors and other farmers the opportunity to retire or be able to meet their financial obligations He stated that he does not desire to see his neighborhood developed and overrun with asphalt and traffic. Mr Nicholson asked the Board to consider health and safety issues connected with the increased traffic that would be generated with further development and how this increase will affect the Frager Road recreational corridor He stated that tabling of the 228th corridor creates additional traffic impact issues Mr Nicholson stated that he would like to see a plan that carefully balances the needs of both the commercial landowners as well as the small farmer He urged the City to proceed carefully in analyzing the issues before them Rita LoPriore, 26414 68`h Avenue S.,Kent,WA 98032 stated that she has lived in this area since 1959, farming „ •the land in the Kent Valley Ms LoPriore stated that the only reason her husband continues to farm is to remain healthy and be able to pay the taxes on the property Ms LoPnore stated that farming no longer provides a livable income She stated that they want to receive fair value for their land if they sold it and do not want their land to be devalued. Jerry Rosso, P.O.Box 80345, Seattle, WA 98108 stated that his family has owned a sixty-acre nursery at 24202 and 24813 Frager Road in the Central Study area for 35 years He stated that in 1984, 34 owners objected to rezoning of their property, yet it was downzoned in 1985. He voiced concern that the same thing could occur again Mr Rosso voiced his objection to all options, as he believes they would further devalue his land Mr. Rosso stated that ten years after appraisal of his land (in 1989), the GMA and Al zoning was approved, reducing the value of his land by 15% He stated that by changing zoning from Al to A20, the value of his property would diminish further. Mr Rosso stated that he does not support a TDR or PDR program, after hearing that TDR's have experienced 74% failure rates and since PDR's must be funded by a general obligation bond which the citizens of Kent must approve He stated that he does not believe that the citizens of Kent would want to come up with the S8 to $10 million dollars it might take to fund the PDR's. Mr Rosso stated that there are many government run nurseries throughout the region in direct competition with their nursery He urged the Board to consider the concerns voiced by the property owners and not change the zoning Michele Brennan,35215 221"Ave. SE, Auburn,WA 98092 stated that she lives above the Green Valley Road where owners sold their development rights and it was followed by litigation and unrest She stated that our government elected officials and appointed members of our Board need to be accountable. WMs Brennan stated that the Carpimto Brothers provide fresh produce at reasonable costs and Smith Brothers delivers milk to her door, which she appreciates Ms. Brennan stated that economic balance needs to be considered when looking at preserving farmland She stated that Kent needs to consider the desires of the Carpinito Brothers and Smith Brothers Farms as part of their Land Use and Planning Board Minutes October 8,2001 Page 10 decision making process She urged the Board not to be hasty in considering the options before them, recommending that the City go with the status quo and move slowly • Mark Logan, 665 S.W. 143 d St., Burien, WA 98166 read a letter into the record from his mother Patty Logan (with DeMarco Farms) as Exhibit#9 The letter reads as follows "her father was Sam Pecardo, his father and brothers were all well known farmers in White Center and the valley area. My father started farming in the Kent area at the start of World War H. He owned the O'Brien Greenhouses and adjacent acreage plus several other farms on the East Valley Highway in South Kent Albert Dreisow, my sister Angie Pecardo and I all worked on the farm as young children Albert was the son my father never had When Sam passed away unexpectedly in 1959 we had to sell the greenhouses and other properties because there was no one to run the property or to farm the land Albert has leased and farmed the remaining 9+ acres that were left that are my families heritage He has kept the land free from being a dumping ground or haven for weeds and berry bushes After Albert Dreisow retires there is no one left in my family or his to farm the property Even if our property continues to be farmed, it is not economically feasible anymore The small farmer in this northern study area is going broke Now is the time to rezone our property for its highest and best use I feel that our area should be developed as a neighborhood, which would allow single family residential townhouses and condominiums, Medium Density Multifamily and Neighborhood Commercial Conveniences I am concerned that a TDR or PDR program will have little chance of success based on information presented at the hearing and the results of similar programs across the county It is unfair to force farmers into a program that could take years to make any payments to our family. Out right zoning is the best solution for all the properties in the northern study area since they are smaller, non-economic parcels I appreciate the opportunity to appear before the Land Use and Planning Board to express my feelings in this matter" 4OMr Logan stated that he has owned property at 5249 South 212a'Street for fifteen years He stated that traffic has increased dramatically and urged the Board to consider options that would be fair to all property owners Shelley Pasco-Verdi, 27405 78`h Avenue S, Kent, WA 98032 stated that Chris Curtis's three farmers' markets accept no crafts people and are comprised entirely of farmers She stated that 50% of their farmers are from King County Ms Pasco-Verdi stated that she is not an expert on TDR's and PDR's but is aware that the future of our farms depends on a farmland preservation program She stated that she and her husband farm 15 acres of rented land Ms Pasco-Verdi stated that every spring they are anxious to plant fruit trees and other perennial crops like asparagus, stating that without the sense of permanence they cannot afford the risk involved with such an investment She stated that they would like to build a barn to store their equipment and produce in, but it is too expensive to build on rented land They cannot begin to afford the going rate of$50,000 an acre for industrial zoned land Ms Pasco-Verdi stated that she and her husband operate Whistling Train Farm, a certified organic farm located between the train tracks She stated that approximately half of their yearly income comes from their subscription programs Ms Pasco-Verdi stated that their summer program runs from early June through the end of October and the winter program runs from early November through the end of February She stated that they grow and harvest produce 9 months of the year with half their income derived from direct sales to their customers Ms. Pasco-Verdi said that half of these direct sales are made at the West Seattle market in four hours every week, stating that they are on a waiting list for the University District Farmers' Market as well Ms Pasco-Verdi stated that their growing farm stand customer base generates another 25% of their income She •stated that they have the only certified organic farm in South King County, attracting customers from Burien to Federal Way and from Renton to Enumclaw Ms Pasco-Verdi estimated that they provide 400 families with their produce every week Land Use and Planning Board Minutes October 8,2001 Page 11 Rich O'Connell, 20431 Frager Road, Kent, WA 98032 stated that he resides on 30 acres in the northern study area where the development rights have been sold Mr O'Connell stated that the sale of his development rights allows him to run a breeding facility for thoroughbred horses although it is not lucrative enough to pay all the bills He stated his family has been on this land since 1875 when his great grandfather homesteaded it. Mr O'Connell stated that he is acquainted with the farmers who spoke and empathizes with their situations Mr O'Connell stated that the City needs to work closer with the farmers and landowners in generating a viable solution for all parties involved Mr O'Connell stated that it is difficult for customers to exit and enter his property from Frager Road, largely due to the bridge that was put in there which he feels could hamper him from increasing his business Mr O'Connell stated that his neighbors include the Greek Orthodox church property of 80 acres which has not been farmed for 30 years, Mrs Ordomo with five acres cultivated in flowers and the City of Kent's property Mr O'Connell questioned if Kent will retain their land for agricultural or recreational purposes. He stated that he would support recreational, questioning how this would affect zoning Mr. O'Connell stated that he is concerned that farmers like the Carpinrto Brothers, Smith Brothers Farms and other farmers could be downzoned to A20 He urged the Board to not devalue the landowners' property, voicing concern that the City is moving too fast and that the City needs to receive more input from landowners. David Malik MOVED and Steve Dowell SECONDED to close the Public Hearing. Motion carried Ms Gould-Wessen thanked the citizens who have attended workshops and hearings on this issue stating that she has appreciated the opportunity to talk to many of the property owners Ms Gould-Wessen requested that this issue be moved to a workshop to evaluate the testimony and clarify issues surrounding the proposed TDR receiving area as proposed in staffs options Brad Bell and Steve Dowell iconcurred Acting Planning Manager Charlene Anderson concurred with the Board members to move this issue back to a Land Use and Planning Board workshop on Monday. October 22, assuring the Board that notification would be sent to all parties of interest. In response to Mr Harmon, Ms Anderson stated that there is a moratorium on the receipt of a land use application that proposes subdividing property, increasing the comprehensive plan, or zoning designation Ms Anderson stated that there is no moratorium on the receipt of building permit applications on existing lots or other type of land use applications on an existing lot She stated that the moratorium is on applications for further subdivision to increase density on a particular piece of property or rezone to a higher density Chair Zimmerman stated that the Board would review their notes, listing the issues that have been heard She stated that it is difficult to craft something that will serve each situation or meet the needs of all the folks in the valley and all citizens of the City of Kent She assured them they will be kept informed during this process Ron Harmon MOVED and David Malik SECONDED to take CPA-2000-3 Agricultural Lands Amendment back to a Land Use and Planning Board workshop Motion Carried ADJOURNMENT Chair Zimmerman adjourned the meeting at 9:30 p.m. Respectfully Submitted, i Charlene Anderson,AICP, Acting Planning anager Secretary S IPermitlPlanILUPB1200llmnulesl011008mn dac