Loading...
HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 12/10/2001 COMMUNITY DEVELOPMENT Fred N Satterstrom, Community Dev Director PLANNING SERVICES • Charlene Anderson,AICP, Manager KENT Phone 253-856-5454 w.s H i H c.o N Fdx 253-856-6454 Address 220 Fourth Avenue S Kent, WA 98032-5895 LAND USE & PLANNING BOARD MINUTES PUBLIC HEARING December 10,2001 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, December 10, 2001 in Council Chambers of Kent City Hall LUPB MEMBERS PRESENT STAFF MEMBERS PRESENT Terry Zimmerman, Chair Charlene Anderson, AICP, Planning Mgr. Brad Bell William D Osborne, Long Range Planner Steve Dowell Kim Adams-Pratt, Asst City Attorney Nicole Fmcher Pamela Mottram, Administrative Secretary Ron Harmon Jon Johnson David Malik APPROVAL OF MINUTES There were no minutes to approve at this meeting ADDED ITEMS TO THE AGENDA Election of Officers COMMITMCATIONS None NOTICE OF UPCOMING MEETINGS None #CPA-2001-2(G)KENT&FED.WAY SCHOOL DISTRICT CAPITAL FACILITIES PLAN Planner Bill Osborne stated that this application is an update to the School Districts' Capital Facilities Plan and to the City of Kent's Comprehensive Plan Capital Facilities Element Mr Osborne stated that the School Districts propose to amend the text of the Kent Comprehensive Plan to reflect changes to impact fees resulting from new student population generated by single family and multifamily residential development Mr Osborne stated that the Kent School District is not proposing changes to their existing fees of $3,782 00 for single family units and $2,329 00 for multifamily units Federal Way School District proposes a $2,616 00 fee for single family units, down from $2.710 00 and a $896 00 fee for multifamily units, up from$830 00 Mr Osborne stated that this proposal amends the Kent City Code, Chapter 12 13 to reflect the updated impact fee amounts He stated that staff recommends approval Chair Zimmerman declared the Public Hearing open As there was no testimony, Ron Harmon MOVED and Jon Johnson SECONDED to close the Public Hearing Motion carried Land Use and Planning Board Minutes December 10, 2001 Page 2 of 15 Brad Bell MOVED and David Malik SECONDED to forward #CPA-2001-2(G) KENT & FEDERAL WAY SCHOOL DISTRICT CAPITAL FACILITIES PLAN AMENDMENT without recommendation to the City Council for action Motion CARRIED unanimously #CPA-2001-2(H) CITY OF KENT FINANCE DEPT CAPITAL FACILITIES AMENDMENT Mr Osborne stated that the City of Kent Finance Department is requesting to update the Comprehensive Plan Capital Facilities Element He stated that the Capital Facilities Element in Kent's Comprehensive Plan (adopted in 1995), contains information relating to existing capital facilities inventories, estimated costs of anticipated future facilities and projected revenues to fund these facilities Mr Osborne stated that the aforementioned components of the Capital Facilities Element are required under the Growth Management Act(GMA) Mr Osborne stated that the GMA requires that the Capital Facilities Element be updated to reflect the growth of the City in order to maintain concurrency with the Land Use and Transportation Elements of the Comprehensive Plan Mr Osborne stated that staff recommends approval Jon Johnson MOVED and Steve Dowell SECONDED to open the Public Hearing Motion Carved Chair Zimmerman declared the Public Hearing open. As there was no testimony, Jon Johnson MOVED and Ron Harmon SECONDED to close the Public Hearing Motion CARRIED Brad Bell MOVED and Jon Johnson SECONDED to forward #CPA-2001-2(H) CITY OF KENT r FIRANCE DEPT CAPITAL FACILITIES ELEMENT without recommendation to the City Council for action Motion CARRIED unanimously • Exhibits Bill Osborne submitted the following Exhibits for the Record: • Exhbrt#1-CmcariisCPA-2001-2(A)Std]ManorRebrei=tLwm(CmterAmandnv-rt Donna Regan, Director of the State Office of Manufactured Housing submitted a packet of material related to mobile home relocation assistance • Exhibrt#2-Corns CPA 2001-2(A)Still Mana-Reti earentLivim CenterAmendriierit John Still submitted a letter dated November 27, 2001 including an executive summary and a facility description for the proposed Still Manor Retirement Center • Exhibit 43 - Concerns CPA-2001-2(E)Fanning/Scharer Amendment Mr and Mrs Ron Cody submitted a letter dated December 2, 2001 addressed to Planning Manager Charlene Anderson • Exhibit 44 - Concerns CPA-2001-2(A) Still Manor Retirement Livme Amendment John Still submitted a letter dated December 7, 2001 along with demographics of the Still Manor Mobile Home Park, a survey of mobile home parks in South King County, including a list of potential relocation sites • Exhibit#5 - Concerns CPA-2001-2(B) Soos Creek Center Amendment Chris McCain, applicant, submitted a letter dated December 7, 2001 addressed to the Land Use and Planning Board • Exhibit#6 - Concerns CPA-2001-2(A) Still Manor Retirement Lrvinc:Amendment Jim Lacina submitted a letter dated December 10, 2001 addressed to Planner Bill Osborne and the Land Use and Planning Board • Exhibit#7-CaioerLsCPA2001-2(A)StillManorRetun-entLivnizCenterAnxr&-cit Doug and Theresa Hutchins submitted an e-mail letter dated December 10, 2001, voicing their • support for this amendment • Exhibit#8-Concerns CPA 2001-2(A)SO Manor RetiremetitLivingCeaberArnendryierit John Still submitted an addendum to the demographics portion of Exhibit #4 dated December 10, 2001 Land Use and Planning Board Minutes December 10, 2001 Page 3 of 15 . Chair Zimmerman informed the audience that the Land Use and Planning Board functions as an advisory board, sending recommendations to the City Council who has the power to accept, deny or amend those recommendations Ron Harmon MOVED and Jon Johnson SECONDED to accept Exhibits 1-8 into the record. Motion CARRIED. #lCPA 2001-2(AYCPZ-20014 SITULMANORRETIREMENTi NINGCENMAMENDMINT Mr Osborne stated that this proposal seeks a Comprehensive Plan Land Use and Zoning District Map change for property located at 1027 and 1035 West Smith Street, known as the Still Manor Mobile Home Park and the Sky View Apartments. Mr Osborne stated that the subject site is located between State Route 181 (Washington Avenue), West Valley Highway and State Route 167 Mr Osborne stated that problematic issues related to this proposal deal with access to and from the site and dislocation of existing tenants He stated that site access would primarily be along Smith and Washington Mr Osborne stated that regardless of what type of development occurs pursuant to the proposed zoning change, improvements to Thompson Avenue would be required to improve the site's connection with downtown and Meeker Street Mr Osborne stated that the surrounding land use and zoning districts are consistent with the applicant's request and that the actual land use around the site is consistent with(GC) General Commercial zoning Mr Osborne stated that staff is concerned with the mobile home park and adjacent apartments He stated that both the applicant and the City of Kent's Housing and Human Services Department note that the units are not subsidized. Mr Osborne indicated that Federal funding for relocation of these units would be available only if Federal funding was involved in a project developed on the subject site He stated that the State provides limited funding in response to those who file paperwork and receipts to document their relocation costs Mr. Osborne stated that the applicant is requesting to change the land use for the mobile home park and the (MDMF) Medium Density Multifamily uses to Mixed Use, which is consistent with surrounding properties He stated that there is a mobile home park use to the north and northwest Mr Osborne stated that predominate uses are (GC) General Commercial Mr Osborne stated that the Comprehensive Plan's land use and housing element provide goals and policies relating to commercial development, housing and facilitating transportation and activity centers, which this site can be considered Mr Osborne said that Land Use Policy 2 3 states "Emphasize in development regulations and design review processes site design standards which facilitate public transportation and pedestrian circulation " Mr Osborne stated that this policy reinforces the City's determination that improvement to the site access would be necessary for pedestrians along Washington, Smith and Thompson. Mr Osborne said that Land Use Goal #6 states "Designate activity centers in portions of the City and in the annexation area Allow in these areas a mix of retail, office and residential development " He stated that this would be allowed in (GC) General Commercial as a conditional use, but would be more appropriate in(GC-MU) General Commercial Mixed Use zoning as is located to the south Mr Osborne stated that the Housing and Human Services elements of the Comprehensive Plan contain . goals and policies relating to the provision and distribution of affordable housing choices, mobile home parks, on and off site improvements, and consideration of impacts from land use decisions on human services Land Use and Planning Board Minutes December 10,2001 Page 4 of 15 Mr Osborne said that Housing Policy 15 states "Require developments to provide their fair share of on- site and off-site improvements needed as a result of the development." He stated that this policy would be consistent with Public Works requirements for site improvement Mr Osborne said that Housing Policy 2 1 states "Promote a wide range of housing to meet the needs of our diverse population and ensure that this housing is available throughout the community forpeople of all income levels and special needs " Mr Osborne said that Housing Policy 2 2 states "Provide a sufficient amount of land zoned for current and projected residential needs including, but not limited to, assisted housing, housing for low-income households, single-family housing, small lot sizes, townhouses, multifamily housing, manufactured housing, group homes, and foster care facilities " Mr Osborne stated that this proposal could be considered a buttressing of the intent of the applicant to eventually develop a retirement facility or to provide housing for those who have needs not typically met in our housing market Mr Osborne said that HousingPolicy 3 3 states "Preserve and improve mobile home arks Promote the Y P P provision of a lox interest loan program or other programs for lox or moderate-income mobile home park residents to replace dilapidated mobile homes " Mr Osborne stated that this policy provides challenges for the City, State and Federal Government as their budgets are limited. Mr Osborne stated that the Transportation Element of the Comprehensive Plan contains goals and policies relating to coordination of development and road improvements , commercial land use and the transportation system Mr Osborne said that Transportation Policy 1.2 states "Coordinate new commercial and residential development in Kent with transportation projects to improve affected roadways " He stated that this policy is in effect with the Washington Avenue Local Improvement District Mr Osborne stated that as sites develop along Washington Avenue, they will be the beneficiaries of a fund that they have paid into to improve the right-of-way along Washington Avenue The right-of-way will extend 50 feet from the road's center line with sidewalks, gutters and curbs, which currently the subject site does not have Mr Osborne stated that Transportation Policy 1 7 states "Promote land use patterns which support public transportation " Mr. Osborne stated that this proposal is consistent with that policy Mr Osborne stated that Transportation Policy 7 2 states "Whenever practical, use incentives or regulations to encourage new construction to promote pedestrian and bicycle movements to pathways, transit services and arterials " Redevelopment of the subject property would need to consider this policy. Mr Osborne stated that the City of Kent has policies pertaining to the preservation of low-income housing He stated that while preservation of low-income housing is an important consideration, the requested land use and zoning district designations are consistent with the surrounding designations and developed land uses Mr Osborne stated that staff recommends approval to rezone the two subject parcels to General Commercial, which would follow the change in Land Use Designation for the Comprehensive Plan to Mixed Use In response to Chair Zimmerman, Mr Osborne stated that information provided by Mr Still, owner of Still Manor Mobile Home Park, does not indicate the number of mobile home owners versus renters • Ron Harmon MOVED and David Malik SECONDED to open the Public Hearing Motion Carried. Chair Zimmerman declared the Public Hearing open Andy Andras, 1035 W. Smith Space 47, Kent, WA said that he resides in Still Manor Mobile Home Park and has managed the park since 1969 He favors staff s recommendation to approve this amendment Mr Andras stated that Mr Still has owned this park since 1962 but that the time has come to rezone this property so that it can be put to better use Land Use and Planning Board Minutes December 10, 2001 Page 5 of 15 iJohn Still, 33205 30th SW, Federal Way, WA 98023 reiterated that he has owned the Still Manor Mobile Home Park since 1962 and has compassion and respect for his tenants He stated that tenant disputes have always been resolved as verified through Donna Regan's office Mr Still stated that if this rezone were approved, his tenants would be given a twelve-month minimum notice as mandated by the State, indicating that the State offers an assistance program He stated that he spoke with the SHAG Corporation, an organization that has six mobile home facilities in Kent with a total of thirty in the State of Washington Mr Still stated that Arthur Martin has offered to relocate anyone interested at a comparable rate of rent and probably to a better facility He stated that 37 of the homes in the park were built before 1976, and therefore, do not meet safety standards or codes In response to Chair Zimmerman, Mr Still stated that tenants would receive their twelve-month notice upon approval of the rezone as his proposed project was time critical, emphasizing that a retirement center is needed in this community Ursula Linskil, 1035 W. Smith St. Space 19, Kent, WA said that she has lived in the park two months and believes it is unfair that the owners are expecting the tenants to move from the mobile home park She stated that many of these residents have lived in the park for several years, the trailers are old and would not survive being relocated to another area Solange Diaz, 1035 W. Smith St., Space 20, Kent, WA stated that this proposal has taken her by surprise She stated that she works and purchased her mobile home for S4500 00 She stated that it would not be financially possible for her to move her mobile home within the next year and expressed concern over moving her daughter from the school she attends Ms Diaz suggested that perhaps the tenants could purchase their spaces from the property owner, instead of having the property rezoned to commercial She stated that she believes everyone in the park owns their traders. Maria Avila Barron, 1035 W. Smith St., Space 36,Kent,WA stated that she purchased her trailer three days ago after working hard to own a place to live and was surprised about this proposal Ms Barron said that many tenants living in the trailer park speak only Spanish stating that it would be advantageous for the City to provide a Spanish interpreter for the next meeting on this issue Ms. Barron stated that even though the tenants have a year to move, they would like more information on how the State or the Still Manor Mobile Home Park owners intend to compensate the tenants for their time and money invested in their mobile homes She voiced concern that many of the mobile homes would sustain damage when moved Bill Foster, 1035 W.Smith St. Space 22,Kent, WA stated that he paid$10,000 for his trailer He stated that he receives a$560 00 monthly disability check and cannot afford to move, questioning who would be responsible for paying for his move Robert McKenna, 1035 W. Smith St., Space 37, Kent, WA stated that he has never met Mr Still but respects Mr Andras who interacts well with the mobile home park tenants He stated that it is his understanding tenants must own their homes, voicing his belief that everyone within the park owns their mobile home Mr McKenna voiced concern on how moving would affect his children, stating that he had moved his family from Kirkland to Still Manor Mobile Home Park, purchasing his 1962 mobile home for $6000 in May 1999. Mr McKenna stated that he has invested time and money in the renovation of his home and landscaping the property surrounding his home He stated that he has never been late in paying his space rental fees Mr McKenna stated that many tenants have purchased mobile homes as a starting point, with the intent of putting money aside to move out of the park and purchase a home Land Use and Planning Board Minutes December 10, 2001 Page 6 of 15 • James Lacina, 1035 W. Smith St., Space 7, Kent, WA stated that he has lived in Still Manor Mobile Home Park for twenty years and his son has owned his mobile home in the park for ten years Mr Lacina stated that he supports the property owner's desire to profit by developing his site with a new facility He voiced concern that many of the tenants will experience hardship and stress if forced to move from the mobile home park Mr Lacina voiced concern that if mobile home owners attempt to sell their homes, those potential purchasers need to be informed of the upcoming land use changes Lisa Simon, 1035 W. Smith St. Space 4, Kent, WA stated that she owns her mobile home Ms. Simon voiced concern that if the amendment is approved, adequate funding is not available to cover her relocation costs Ms Simon questioned if Mr Still would consider working with the tenants and perhaps offering financial assistance or purchasing the tenants'mobile homes Ms Simon stated that a previous speaker mentioned the SHAG program as a potential resource in assisting the tenants in relocating She stated that she believed SHAG supports elderly and is not available for younger groups. In response to Ms Zimmerman, Ms Simon stated that if she were monetarily compensated for the value of her trailer, she could afford to relocate Juan Delgado, 1035 W. Smith St. Space #17, Kent,WA stated that he has invested hundreds of dollars in fixing his mobile home with the future intent to sell his mobile home and purchase a single family home He stated that if he had known of the owner's intentions to convert this property he would not have invested his money in renovating his 1974 mobile home, which would collapse if moved from the park. Mr Delgado stated that he would like the City to provide a Spanish interpreter at these meetings He stated that he would like the reports translated into Spanish for the benefit of the families in the mobile home park whom speak only limited English Mr. Delgado voiced concern that many of the residents of the park were not informed of this meeting or they would have attended. Lao Carson, 1035 W. Smith St. Space 29, Kent, WA stated that she did not receive notification of this meeting She stated that she is 82 and in poor health Ms Carson stated that a neighbor informed her of the meeting from a notice that had been posted on the laundry room facility door She stated that her 92- year-old neighbor, Mary Sage, is extremely concerned about moving Ms Carson stated that she has lived in the mobile home park for 15 years and appreciates the management, Mr and Mrs Andy Andras. She stated that moving will prove to be difficult for herself and the other elderly residents in the park Ms Carson stated that she would like to know if the owner intends to reimburse the residents of the park for their homes and would like to know how much time they will have to move in and where they can relocate to Lauraine Carlson, 1035 W. Smith St. Space 46, Kent,WA stated that she has not heard of Mr Still but has dealt with the mobile home park owners Andy and Kathy Andras. She stated that she found the notice for this meeting posted in the mobile home park laundromat Ms Carlson stated that she has lived in the park for 10 years, purchasing her home with good faith for $15,000 She stated that the manner in which the residents were informed of the potential changes to this site is a disgrace • Ms Carlson stated that the property owner's intent is to obtain more money for his property thereby displacing all of the residents who have continued to rent their spaces, while kept uninformed by management of the proposed changes In response to Ms. Carlson, Chair Zimmerman stated that the Land Use and Planning Board is a group of citizens living in Kent, who will make recommendations to the City Council based on testimony given Land Use and Planning Board Minutes December 10, 2001 Page 7 of 15 • this evening She stated that the Board is interested in what everyone has to say, thanking Ms Carlson for her testimony Doug Hobkirk, 515 1/2 - 20th Ave E, Seattle, WA stated that he is the Executive Director of the Manufactured Housing Community Preservationists, a nonprofit organization created in 1992. He stated that this organization's purpose is to purchase mobile home parks and maintain them as affordable housing, a study commissioned by King County indicated that mobile home parks were closing at a great rate He stated that his organization owns the other mobile home property north of the subject property. Mr Hobkirk stated that this organization operates similarly as other nonprofit housing organizations that provide subsidized housing by using bank loans and various public-funding sources He stated that this organization has $30,000 available in Community Development Block Grant funds from Kent to assist residents on the subject site. Mr Hobkirk stated that his organization made a purchase offer on Still Manor Mobile Home Park two years ago, which the owner declined in favor of now rezoning their property for redevelopment. Mr Hobkirk stated that he generated a report as the result of his experience as a relocation coordinator for two mobile home parks that closed in Seattle He stated that this report outlines the process of relocating homes and the issues involved Mr Hobkirk stated that the State Office of Mobile and Manufactured Housing has a relocation assistance fund consisting of$20,000 administered by Donna Regan Funding is available to mobile home owners in the State who have received a one year notice to move. Mr Hobkirk said that it is difficult to find vacant spaces to move mobile homes His organization owns two communities in Skyway, with only one vacancy He stated that some older, small spaces are available in a park in Redmond. Board member Harmon stated that Mr Still's report indicates 47 currently available spaces consisting of two double wide motor home spaces, five RV and 40 single wide spaces within this community He asked Mr Hobkirk to estimate the cost of moving a double or smglewide mobile home based on availability of sites in King County Mr Hobkirk stated that the State follows a formula which allows $3500 for single wide and up to $7000 in moving costs for doublewide mobile or manufactured homes These funds typically are not enough due to the cost of specific installation requirements required by local building departments Mr Hobkirk stated that State Law does not require manufactured homes to meet the code requirements of Cities they are relocated to if the relocation is caused by the closure of mobile home parks due to land use changes Marina Amador, 1035 W. Smith St., Space 42, Kent, WA said that she owns her mobile home and moving from the park could restrict the qualities they have come to appreciate in respect to security, safety and the freedom their children experience by playing outside Ms Amador stated that they have never experienced problems with the management Ms Amador stated that moving her older trailer would be a hardship to her family and could cause irreversible damage to her mobile home She stated that it is unfair to ask people to move from Still Manor who have just moved into the park within the last couple months Victor Sandoval, 1035 W. Smith St., Space 42, Kent. WA stated that he concurs with those neighbors • who testified that they should receive monetary compensation for the investments they have made in their mobile homes He stated that moving his mobile home from the park would irreparably damage his 1960 home He is not in favor of the owner's proposal Ron Harmon MOVED and David Malik SECONDED to close the Public Hearing Motion carved Land Use and Planning Board Minutes December 10, 2001 Page 8 of 15 • In response to Chair Zimmerman, Planning Manager Charlene Anderson said that proper notification was sent to property owners as well as condominium owners in the vicinity of this subject site Ms Anderson stated that the City's notification methods do not include provisions at this time for noticing individual mobile homes, although the owner of the Mobile Home Park was notified She stated that a public notice board was posted on the site and the hearing was advertised in the newspaper. In response to Chair Zimmerman, Ms Anderson stated that staff was unaware that provisions were needed for a Spanish interpreter at the hearing Assistant City Attorney Kim Adams-Pratt concurred when Ms Zimmerman asked her to clarify that City Code does not require publication of notices in Spanish Mr Osborne stated that Exhibit#4 from Mr Still provides demographics and a mobile home park survey, which addresses Board member Fincher's concerns over availability of mobile home spaces in Kent Board member Dowell stated that he would like the residents of Still Manor to receive the facility location information Mr Osborne stated that this information is available upon request through the Planning Services office After discussion by Board members Zimmerman, Malik and Harmon, it was determined that this information could be provided to the property manager, Mr Andras for distribution to the tenants Mr Andras nodded in assent In response to Board member Dowell, Mr Osborne stated that staff has discussed the relocation reimbursement fund with both Ms Regan, State Office of Community Development Manufactured Housing and Mr Still Mr Osborne stated that a tenant could receive reimbursement through the State's Manufactured Housing Relocation Assistance Program within two years of relocating The reimbursement provides $3500 for singlewide and $7500 for doublewide units based on availability of funds Mr Osborne stated that the State statute does not require Mr Still to provide funds for relocation costs Mr Dowell stated that Mr Still stands to profit by approximately $1,600,000 based on approval of his rezone and property valuation, therefore, Mr Still should assist his tenants by providing them with relocation costs Mr Malik concurred that Mr Still should compensate the tenants although he voiced his belief that there is not a State statute mandating Mr Still to provide for relocation costs Asst City Attorney, Ms Adams-Pratt stated that the State Legislature attempted to place the burden of relocation costs on owners who were forcing mobile homes to be relocated and the Court struck down that statute She stated that the City could not request the owner to provide compensation to the tenants as a condition of the rezone Mr Harmon questioned the moral obligation that Mr Still has to his tenants who have rented space from him for 38 years Mr Harmon concurred with Mr Dowell that the owner should compensate the tenants for moving costs, estimating relocation costs at a minimum of$160,000. Board member, Johnson stated that granting a rezone and redeveloping this site would benefit the City economically in terms of improved pedestrian access and the generating of tax revenue He stated that he is persuaded to consider the Housing and Human Services elements of the City's Comprehensive Plan particularly H-2 1 which says "Promote a wide range of housing to meet the needs of our diverse population and ensure that this housing is available throughout the community for people of all income levels and special needs " Brad Bell and Nicole Fetcher stated that they would not support staffs recommendation to rezone this property, indicating that the applicant has not indicated that he intends to compensate the tenants who will • be displaced Ms Zimmerman stated that although the people in Still Manor Mobile Home Park do not own land, they own their mobile homes and have invested money into a safe haven for themselves and their families. She stated that she does not fault Mr Still as the law does not require him to do any of the things the Board would desire him to do for his tenants Land Use and Planning Board Minutes December 10, 2001 Page 9 of 15 Ms Zimmerman said that she believes the City of Kent has an obligation to facilitate a reasonable solution by first providing interpreters along with social service professionals to survey and facilitate dialogue between the tenants and the property owner Ms Zimmerman asked staff to assist in formulating a solution for the relocation of the 47 households in the Still Manor Mobile Home Park David Malik stated that he respects both the applicant's and the residents' rights, recommending sending this application for comprehensive plan and zoning map amendments to City Council without recommendation and asking the applicant to propose a solution for relocating the tenants Brad Bell stated that it is inappropriate to request that Mr Still propose a solution He stated the Board should send this amendment on to City Council with a recommendation Brad Bell stated that although the Board has compassion for the residents, they do not have the power or authority, unlike City Council, to make a request of anyone in resolving the problems associated with relocation Mr Bell stated that it is his understanding that this issue is a civil matter between the residents and Mr Still and that the Board cannot bind Mr Still to any agreements He stated that further planning needs to occur before a final decision is reached on this issue Brad Bell MOVED and Nicole Fetcher SECONDED to DENY staffs recommendation to approve CPA- 2001-2(A)/CPZ-2001-1 the Still Manor Retirement Living Amendment and send this on to City Council. Motion Carried Unanimously CPA-2001-2(B)/CPZ-2001-2 SOOS CREEK CENTER Bill Osborne stated that the 84 acre subject site is located at 27220 154th Ave SE He stated that this request is to amend the Comprehensive Plan Land Use Map Designation from Single Family, 6 units per acre to Commercial and the Zoning District Map Designation from Single-Family, 6 units per acre to Community Commercial Mr. Osborne stated that the site is located at the end of 154th Avenue Southeast, which is the current access point. He stated that the applicant is requesting access to 272nd Street also known as Kent Kangley or State Route 516 Mr Osborne stated that the applicant has indicated his intention to loin the subject site to an adjacent parcel for commercial use with access onto 272nd Mr Osbome stated that City staff recommends conditional approval of this application with the condition of prohibiting access to this site from 154th Avenue Southeast Mr. Osborne stated that access to 154th Avenue Southeast is a major issue He stated that if a commercial use is allowed access to the residential street, it could create a serious load on the traffic and have a detrimental effect on the single-family neighborhood to the south Mr Osborne stated that the subject site would achieve a more consistent use if the two adjacent properties were joined with access to 272nd He stated that on this particular parcel, automotive use is located at 152nd Mr Osbome stated that staff received correspondence from a resident who lives adjacent to the subject site, indicating concern that commercial businesses, such as adult nightclubs or bookstores, could be considered for this site and would be inappropriate for single family neighborhoods Mr Osborne stated that in researching this issue, City of Kent Zoning Code Section 15 08 270 prohibits any adult uses, which could include adult book stores or anything of that nature, from being located within 1000 feet of any residential district Mr Osbome stated that other uses for this site would be auto intensive and therefore, have site development restrictions Ron Harmon referred to a letter submitted by Mr Wilson regarding this proposal Mr Harmon stated that Mr Wilson indicated concern that vehicular traffic would be allowed access to the commercial property from 154t"disrupting the single family neighborhood, and that pedestrian traffic access should be limited to Kent Kangley. Land Use and Planning Board Minutes December 10, 2001 Page 10 of 15 . Bill Osborne stated that staff has included in the environmental review document, a right-of-way or dedication from the end of 154th through the subject site, to Kent Kangley or Southeast 272nd Street, which would be a pedestrian or bicycle access route Mr Harmon stated that Mr Wilson indicated that parking should be prohibited on 154t' Street Mr Osborne stated that staff has discussed the consideration for residential parking zones which would be determined at the time of development review It is staffs belief that denying access to the commercial site from 154t"would limit the desirability of parking Ron Harmon stated that Mr Wilson voiced concern that if a multi-story commercial structure were erected on the subject site, it would overlook his property, thereby infringing on his family's privacy Mr Osborne stated that under Community Commercial zoning, he believes that the height would be limited to a 2 or 2 5 story building Mr Osborne stated that he believes site development standards would include adjacent property considerations Ron Harmon voiced concern that the residential property that abuts up to the subject site would need adequate buffering to protect it from potential commercial development and that a commercial development would need to consider installing lighting that would not intrude on the abutting residential property Mr Osborne stated that this issue was addressed in the Decision Document under"Aesthetics— Light and Glare Section" and that the specifics would be addressed through the development review process Charlene Anderson said that the Decision Document does not attach conditions to the rezone or the comprehensive plan amendment She stated that conditions are applied during development Ms Anderson said that the City encourages pedestrian access from residential to commercial, stating that she believes that it would be unlikely that a residential street restriction would be enforced to allow only residential users to park on 154°i Avenue Brad Bell stated conditional determinations are typically placed on a proposal during the development process and not at this point. Ms Anderson stated that although staff does not prefer conditional rezones, this is the rare occasion where staff recommends a conditional rezone Steve Dowell MOVED and Brad Bell SECONDED to open the Public Hearing. Motion tamed Chair Zimmerman declared the Public Hearing open Chris McCann, 17615 Southeast 240th Street, Kent, WA stated that he, Wayne Fortenbery and Tom Dubral own the subject site He stated that the major reason for the rezone was due to the lack of adequate parking space on the original site in order to construct an economically feasible building Mr McCann stated they have discussed Mr Wilson's concerns with him as well as with the other neighbors A conditional approval would not adversely affect their plans as they never intended to use 154th Avenue Southeast Mr McCann presented a conceptual drawing of intended development on the site, stating that the building would likely be a two story building constructed near the front of the site with parking in the rear,potentially to be used for medical and dental offices Dean Wilson, 27234 154th Avenue Southeast, Kent, WA stated that the intent of this proposal is to rezone the site adjacent to his property from Single Family, six units per acre to Commercial He stated that his concern regarding 154°i Avenue has been resolved by staffs recommendation of closure of 154" Avenue to vehicular traffic Mr Wilson recommended that consideration be made for appropriate signage along 154°i Avenue indicating residential parking only as part of development considerations Mr Wilson stated that he is concerned that if a two-story building is constructed, his property will lose privacy and security He stated that he would prefer that parking be placed at the front of the building as vehicles parked at the rear of the property would create pollution hazards and heighten noise Land Use and Planning Board Minutes December 10, 2001 Page 11 of 15 Mr Wilson stated that he recognizes that City Code requires a 25-foot buffer between private properties but recommended that City Council consider increasing the buffer so that his property would not sustain significant visual impacts Mr Wilson encouraged the Board to consider recommending approval of this rezone with the conditions stated Mr. Malik stated that once zoning is approved, the Board or City Council could not place any directives on the developer concerning what he should construct on his property Ms Zimmerman stated that the only condition staff recommends to be placed on this rezone regards 154th Street access. In response to Mr Dowell, Ms Anderson stated that the height limitation in the CC zone is three stones or 40 feet with a provision that the Planning Manager can grant an additional story In response to Mr Harmon, Ms Anderson said that the height limitation in NCC, Neighborhood Convenience Commercial is two stories or 35 feet Staff has allowed a medical facility in the NCC zone, which was similar in nature to other uses allowed in NCC. She stated that she would review whether medical and dental would be allowed on a general basis in the CC zone Brad Bell MOVED and David Malik SECONDED to close the Public Hearing Motion earned. Brad Bell MOVED and David Malik SECONDED to support staffs recommendation to APPROVE with CONDITIONS CP.A-2001-2(B)/CPZ-2001-2 Soos Creek Center Amendment to change the Comprehensive Plan Land Use Designation from SF-6, six units per acre, single family to Commercial with a Zoning Designation change from SF-6 to CC, Community Commercial with the condition of no vehicular access onto 154th from Southeast 272nd Motion CARRIED with six in favor, one opposed CPA-2001-2(C)/CPZ-2001-3 KLOUZAL AMENDMENT • Mr Osborne stated that the Klouzal property consists of 4 7 acres located at 2635 South 260th Street. He stated that this is a request to amend the Comprehensive Plan Land Use Map Designation from SF-6, Single Family, six units per acre to LDMF, Low Density, Multifamily, and the Zoning District Map Designation from SR-4 5, Single Family, 4 5 units per acre to SR-8, Single Family, eight units per acre. Mr Osborne stated that the applicant eventually intends to seek a rezone to MRT-16, 16 units per acre. He stated that a zoning change to SR-8. Single Family, eight units per acre is under consideration at this point, which is the first step in the Multifamily Townhouse rezoning process Mr Osborne stated that staff notes significant concerns with the wetlands on and adjacent to the subject site He stated that the applicant indicates that approximately 1 6 acres of the subject site is clear of wetlands and includes a 50-foot buffer Mr Osborne stated that a wetland delineation has not been approved for this site and that the portion of the site to be developed has not been determined at this time He stated that Public Works staff has voiced concern that this site lies adjacent to regionally significant wetlands but together with Planning staff, does not feel that this would impede development on the available buildable site of approximately 16 acres Mr Osborne stated that staff recommends APPROVAL for a zoning district designation of Single Family, 8 units per acre and a land use designation of Low Density Multifamily Mr Dowell stated that it seems there is a large amount of commercial and industrial work occurring in the vicinity of the subject site Mr Osborne stated that the property directly west of the site is single family, otherwise vacant land and a significant amount of wetlands marks this area Mr Osborne stated that he believes the Woodmont Shopping Center is located along Highway 99 with a sizeable mobile home park to the northwest and a number of medium density multifamily units located north and east of the site. Brad Bell MOVED and Jon Johnson SECONDED to open the Public Hearing Motion CARRIED Chair Zimmerman declared the Public Hearing open Land Use and Planning Board Minutes December 10, 2001 Page 12 of 15 • As there was no public testimony, Jon Johnson MOVED and Steve Dowell SECONDED to close the Public Hearing Motion CARRIED. Ron Harmon MOVED and Steve Dowell SECONDED to support staffs recommendation to APPROVE the CPA-2001-2(C)/CPZ-2001-3 Klouzal Amendment and move this on to City Council Motion CARRIED. CPA-2001-2(D)/CPZ-2001-4 AMERINOR/CAMERON AMENDMENT Mr Osborne stated that the Amerinor/Cameron site consists of three parcels, totaling 4.15 acres in size, and located at the intersection of rights-of-way for Southeast 252nd Street, 114th Avenue Southeast and 25218 113th Avenue Southeast Mr Osborne stated that staff has identified significant concerns related to environmental constraints, surrounding density of single family use in the area and access to the site Mr Osborne stated that at present, the access on 114th Avenue ends and access along 252nd only serves the Seventh Day Adventist Church, with the right-of-way presently a grassy, greenbelt walkway Mr Osborne stated that staffs recommendation is based on potential impacts of increasing density to single family, 8 units per acre He stated that residential use in the area is zoned single family, 6 units per acre but actually has a lower density of around single family,three units per acre Mr Osborne stated that staff recommends DENIAL of the Comprehensive Plan Amendment seeking Single Family, 8 units per acre and recommends APPROVAL of a rezone of the subject site to Single Family, 6 units per acre which is consistent with the existing Comprehensive Plan Land Use Designation for the subject site. In response to Mr Harmon, Mr Osborne stated that the applicant has not indicated where site access will be He stated that staff has considered that 114`h, 252nd, 113th or 11 lth could serve as access locations to the property or the tract that serves single family properties from 248th Street to the North Mr Osbome stated that there would be environmental constraints associated with any access points to the subject site based on the City's wetland inventory Steve Dowell MOVED and Brad Bell SECONDED to open the Public Hearing Motion Carved Chair Zimmerman declared the Public Hearing open Paul Morford, PO Box 6345, Kent,WA 98064 stated that he supports staffs recommendation. Ian Elliot, 6231 NE 137th St., Kirkland, WA stated that be is the property owner's agent He stated that he believes the SF-8 designation would allow flexibility in developing this property with clustered _ housing due to the sensitive areas on this site Mr Elliot stated that significant costs would be incurred in developing this site due to the sensitive areas, compliance with the City's streets, access and pedestrian way requirements Mr Elliot stated that a significant reason for developing this site, is that only a few parcels exist adjacent to multifamily zoning, which allows the City to meet their planning goals for growth management. Mr. Elliot stated that although the proposed zoning on this site will be at a higher density, arterial roads exist close to this property, with access to transit and schools, all assets in respect to developing this site. Mr Elliot indicated that he believes the City's wetland's designation for this site is inaccurate, citing that when this site was delineated two years ago, significantly less wetlands were indicated • Bob MacIsaac, 25001 116th Ave SE, Kent, WA stated that he resides approximately two properties northeast of the subject site He stated that he questioned zoning in this area after the City annexed the parcels across 116"' , which was zoned SF-6, while retaining the land he resides on as SF-3. He stated that he favors seeing the subject site remain zoned SF-6 Ron Harmon MOVED and Steve Dowell SECONDED to close the Public Hearing Motion Carried. Land Use and Planning Board Minutes December 10, 2001 Page 13 of 15 • Mr Dowell stated that this site would be best suited to 4 5 units per acre zoning. He stated that he does not support developing this site at either six units per acre or at the higher density requested by the applicant indicating that the creek on site would serve as a nice amenity to a single family residential development Mr Osborne stated that the Comprehensive Plan Designation and zoning for the adjacent Stratford Arms Apartments is MDMF, Medium Density Multifamily and the Comprehensive Plan Designation for all properties including the subject site is single family, six units per acre Mr Osbome stated that Low Density Multifamily zoning exists in the northwest corner with Single Family, three units per acre to the North He stated that existing zoning designations for surrounding sites consist of Garden Density Multifamily , Low Density Multifamily, Single Family, 3 units per acre to the North and Single Family 4 5 units per acre to the East, Southeast and West Ms Zimmerman stated that she favors this site developing with multifamily She stated that this site would serve as a nice transition zone between what exists to the Southwest and North of this property as well as work in fulfilling the directives set forth in the GMA to develop more housing in Kent. Mr Osborne stated that the applicant has not voiced intent to convert this site to multifamily zoning He stated that the applicant was originally seeking a Comprehensive Plan Land Use Designation change from Single Family, six units per acre to Single Family, 8 units per acre Mr Osborne stated that this applicant is seeking single family and not multifamily zoning Mr Bell stated that he supports Staffs recommendation. Jon Johnson stated that this amendment request exemplifies ways to meet some of the GMA requirements ; for the City, providing housing diversity He stated that due to the environmentally sensitive constraints on this site, the net result of units developed on this property would substantially decrease Mr Johnson voiced his support of Staffs recommendation Steve Dowell MOVED and David Malik SECONDED to DENY staffs recommendation on CPA-2001- 2(D)/CPZ-2001-4 AMERINOR/CAMERON AMENDMENT retaining the existing comprehensive plan and zoning districts Motion FAILED with 3 in favor and 4 opposed Brad Bell MOVED and Nicole Fincher SECONDED to ACCEPT staffs recommendation on CPA-2001- 2(D)/CPZ-2001-4 AMERINOR/CAMERON AMENDMENT to DENY amending the Comprehensive Plan Land Use Designation to SF-8 and APPROVE a rezone of the subject site to SR-6 Motion CARRIED. #CPA-2001-2(E)/CPZ-2001-5 FANNING/SCHARER AMENDMENT Mr Osborne stated that this subject site consists of two contiguous parcels 9 53 acres in size, located at 25003 114th Avenue Southeast and 11223 Southeast 248th Street. Mr Osborne stated that the applicant requests a change in the Comprehensive Plan Land Use Map Designation from Single Family, 3 units per acre to Single Family, 6 units per acre and a Zoning District Map designation change from SR-3, Single Family, 3 units per acre to SR-6, Single Family, 6 units per acre Mr Osborne stated that staff identified significant environmental constraints related to site access and the existence of a significant wetland area Mr Osborne stated that the applicant has filed a wetland map, indicating that a smaller wetland area exists than the City's wetland inventory indicates This wetland map has not been approved by the City as a wetland delineation Mr Osborne stated that the constraints • are similar to the Amerinor/Cameron proposal in that slopes and sensitive areas on this site will likely impact access Mr Osborne stated that staff recommends approval of both the Comprehensive Plan Land Use Map and Zoning District Map Designation changes to SF-6 and SR-6 citing that the development process would address sensitive area requirements Land Use and Planning Board Minutes December 10, 2001 Page 14 of 15 • Steve Dowell MOVED and David Malik SECONDED to open the Public Hearing Motion Carried Chair Zimmerman declared the Public Hearing open. John Fanning, 25003 114th Avenue Southeast,Kent,WA stated that he is the applicant, indicating that his subject site is surrounded by multifamily to the West towards Benson, with SR-6 existing on the other side of 116°i He stated that the subject site is currently an island with a SR-3 zoning designation and that rezoning this site to SR-6 would create a transition from the apartments located west of the site Mr Fanning stated that this area provides amenities that would be used by a single family housing development on the subject site with respect to schools, parks, a fire station and close proximity to the new 116"' St arterial Paul Morford, PO Box 6345, Kent, WA 98064 said that he owns property 300 feet south of the subject site zoned SF-6 He stated that he supports staff s recommendation to rezone this site Ian Elliot, 6231 NE 137th Street,Kent,WA stated that he supports Mr Farming's testimony adding that a cost benefit analysis was completed at the outset of this project with respect to lot sizes He stated that the biggest consideration, next to considering a multifamily development, was that it was unlikely the applicant would obtain the prices that the lots would require in order to build larger single family homes Mr Elliot stated that the neighborhood has all of the accoutrements for multifamily in the neighborhood in the way of schools, parks, access and transit Bob MacIsaac, 25001 116th Ave SE, Kent, WA stated that he resides directly behind this subject property, to the East ; • Mr MacIsaac stated that although he would favor the subject site remaining zoned SR-3, he would support a rezone to SF-6, as he is not against progress Ron Harmon MOVED and David Malik SECONDED to close the Public Hearing Motion Carried. Ron Harmon MOVED and Brad Bell SECONDED to accept Staffs recommendation to APPROVE CPA-2001-2(E)/CPZ-2001-5 Fanning/Scharer Amendment and send this on to City Council Motion CARRIED. #CPA-2001-2(F)/#CPZ-2001-6 DEROSE AMENDMENT Mr Osborne stated that the DeRose subject site consists of two parcels 1 12 acres in size, located at 13303 and 13307 Kent Kangley also known as 272nd Street or State Route 516 Mr. Osborne stated that this request is to amend two contiguous parcels. He stated the request is to change the Comprehensive Plan Land Use Designation from Low Density Multifamily to C, Commercial and to amend the Zoning District Map Designation from Garden Density Multifamily to Community Commercial Mr Osborne stated that the issues identified by staff primarily concern traffic, the adjacent inventoried wetlands, and if buffers of those wetlands might affect the subject site Mr Osborne stated that the existing use at the corner of Kent Kangley and 132nd Avenue is a Texaco Station Mr Osborne stated that staff is recommending approval of this request Brad Bell MOVED and Ron Harmon SECONDED to open the Public Hearing Motion carried Chair Zimmerman declared the Public Hearing open • As there was no public testimony, Steve Dowell MOVED and Ron Harmon SECONDED to close the Public Hearing Motion Carried Chair Zimmerman declared the Public Hearing closed Steve Dowell MOVED and Brad Bell SECONDED to accept staffs recommendation to APPROVE #CPA-2001-2(F)/#CPZ-2001-6 DEROSE AMENDMENT Motion CARRIED unanimously Land Use and Planning Board Minutes December 10, 2001 Page 15 of 15 Chair Zimmerman submitted Mr Doug Hobkirk's Mobile Home Relocation Report for the record as Exhibit#9. Chair Zimmerman acknowledged Mr Bell's resignation from the Board, after six years of dedicated service, stating that it has been the privilege of all the Board members to work with Mr Bell ELECTION OF OFFICERS Chair Zimmerman opened the meeting for nominations. Steve Dowell NOMINATED and Brad Bell SECONDED a motion to appoint Terry Zimmerman to the position of Chair Terry Zimmerman accepted. Ron Harmon NOMINATED and Steve Dowell SECONDED a motion to appoint David Malik to the position of Vice Chair David Malik accepted ADJOURNMENT Chair Zimmerman adjourned the meeting at 10 40 p in Respe fully Submitted, �/z, q ',/),3 - , , " Char ene derson, A , Panning Manag Secretary \\EARTH FSISDATA1Permit\Plan\LUPB120011minutes1011210mn doc v, •