HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 03/11/2002 COMMUNITY DEVELOPMENT
Fred N Satterstrom, Community Dev Director
40
PLANNING SERVICES
Zoe • Charlene Anderson,AICP, Manager
K ENT Phone 253-856-5454
WASHIHGTON Fax 253-856-6454
Address- 220 Fourth Avenue S
Kent,WA 98032-5895
LAND USE & PLANNING BOARD MINUTES
PUBLIC HEARING
March 11, 2002
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,March 11, 2002 in Council Chambers of Kent City Hall
LUPB MEMBERS PRESENT STAFF MEMBERS PRESENT
Terry Zimmerman, Chair Charlene Anderson, AICP,Planning Mgr
David Malik, Vice Chair Kim Adams-Pratt, Asst City Attorney
Steve Dowell Leonard Olive, Dev Mgr, Public Works Engineering
Nicole Fincher Pamela Mottram, Administrative Secretary
Ron Harmon
Jon Johnson
Les Thomas
APPROVAL OF MINUTES
Jon Johnson MOVED and David Malik SECONDED to approve the Minutes of February 11, 2002 with
one correction to add Jon Johnson's name to the LUPB members present Motion CARRIED
ADDED ITEMS TO THE AGENDA
None
COMMUNICATIONS
None
NOTICE OF UPCOMING MEETINGS
Planning Manager Charlene Anderson stated that an open house will be held at 7 30 a m , 11 30 a in and
6 00 p in Thursday,March 21 on the Kent Station Project to invite public comment
Ms Anderson stated that the City of Bonney Lake will conduct a session on local planning Thursday,
March 14 from 6 30-9 30 p in in Bonney Lake City Hall at no charge She stated that the agenda
includes Conduct at Public Meetings, Liability, Role of the Planning Commission or Agency, and a
Design Review Case Study.
Ms Anderson stated that there would be a Short Plat Committee meeting Thursday, March 14 at 11:00
a in There will be a Planning Committee meeting March 19 at 3 00 p in to discuss the 2002
Comprehensive Plan Update
#AZ-2001-1/#CPA-2001-1 DEMARCO ANNEXATION ZONING
Ms Anderson stated that this issue has returned to the Board for zoning and comprehensive plan
amendment reconsideration as part of a settlement agreement Ms Anderson stated that the DeMarco
Annexation area was affective July 1, 2001 and is located within an urban growth area She stated that
the DeMarco site is located on Kent's East Hill between 116th and 132nd from 240th Street north to 231st
Place on the west and 233rd Street on the east
Ms Anderson stated that staff brings six options before the Board for consideration She stated that the
option City Council adopted last year via Ordinance was appealed December 2001 Ms. Anderson stated
that the Lotto/Toppano petitioners are proposing Alternative #6 She stated that staff is recommending
Alternative #4,the same proposal they initially recommended last year
Land Use and Planning Board Minutes
March 11,2002
Page 2 of 13
Ms. Anderson described Alternatives I through 6
• Alternative 1 proposes a comprehensive plan land use map designation of Neighborhood Services
with a zoning designation of NCC, Neighborhood Convenience Commercial for the Lotto/Toppano
properties located at the northeast corner of 116th and 240th Ms Anderson stated that property to
the East will be designated with a Low Density Multifamily land use designation with a MRT-16
zoning designation (Multifamily Residential Townhouse District) on the 8 8 acre and 4 76 acre
parcels just east and northeast of this property Ms Anderson stated that the remainder of the area
will be designated Single Family Residential, 6 units per acre on the Comprehensive Plan Land Use
Map with zoning designations of SR-6 and SR-4 5.
Ms Anderson stated that Alternative One matches pre-2000 King County zoning designations with the
closest equivalent City of Kent zoning designations Ms Anderson stated that King County changed the
zoning designation to recognize commercial for the Kent East Hill Nursery site in 2000
• Alternative 2 provides a Comprehensive Plan land use map designation of Low Density Multifamily
for three properties located at the northeast corner of 116th and 240th and a zoning designation of
MRT-16, Multifamily Townhouse zoning, 16 units per acre Ms Anderson stated that the remainder
of the site would have a Comprehensive Plan land use map designation of Single Family Residential,
(6) six units per acre and a zoning designation of SR-6, 6 05 Single Family Dwelling units per acre,
and SR-4 5, 4 53 Single Family Dwelling units per acre
• Alternative 3 provides a Comprehensive Plan Land Use Map designation of Neighborhood Services
at the northeastern comer of 116th Avenue SE and SE 240th Street with a zoning designation of
NCC, Neighborhood Convenience Commercial Ms Anderson stated that two adjacent properties to
the east will be given a Comprehensive Plan Land Use and Zoning Map designation of Low Density
Multifamily, MRT-16 (Multifamily Residential Townhouse District) The remainder of the site would
be SF-6/SR6, Single Family Residential, 6 dwelling units per acre
• Alternative 4 is the option staff recommends This alternative provides a Comprehensive Plan land
use map designation of Low Density Multifamily for the three properties at the northeast corner of
116th and 240th with a zoning designation of MRT-16. and a Zoning and Comprehensive Plan land
use map designation of SF-6/SR6, Single Family Residential, 6 dwelling units per acre for the
j remainder of the properties
• Alternative 5 provides for a comprehensive plan land use map designation of Single Family
Residential, six dwelling units per acre for the entire site and a zoning designation of Single Family
Residential, SR-6 or SR-4 5 Ms Anderson stated that this was the option adopted by City Council
last year However, the ordinance was repealed and the process reopened
• Alternative 6 is the option requested by the Lotto/Toppano property owners. This alternative
provides a Comprehensive Plan Land Use Map designation of Neighborhood Services at the northeast
corner of 240th and 116th, extending to the western boundary of a wetlands stream/sensitive area to
the east, with a zoning designation of NCC, Neighborhood Convenience Commercial The remainder
of the Lotto/Toppano property would be given a land use map designation of Low Density
Multifamily Residential and a zoning designation of MRT-12, Multifamily Residential Townhouse
District, 12 dwelling units per acre The property immediately north of the NCC-designated area
would be designated Open Space with zoning of SR-1 Ms Anderson stated that the remainder of the
site would be given a Comprehensive Plan Land Use Map designation of SF-6, Single Family
Residential, 6 units per acre, and a zoning map designation of SR-6 and SR-4 5 units per acre
Ms Anderson stated that staff has proposed the use of a Neighborhood Services designation with
Neighborhood Convenience Commercial in some of the options This designation incorporates the use of
small scale, neighborhood oriented shops adjacent to selected rights-of-way in high-density
neighborhoods
Land Use and Planning Board Minutes
March 11,2002
Page 3 of 13
Ms Anderson stated that staff is not recommending a Neighborhood Services designation as there already
is a commercial designation south of this area on the southeast comer of 240th and 116th
Ms Anderson stated that the surrounding neighborhood is generally designated single family residential
with from one to three dwelling units per acre to the southeast and southwest of the annexation She
stated that staff recommends an MRT-16 zoning designation at the northeastern comer of the SE
240th/116th Avenue intersection under Alternative 4 Ms Anderson stated that this zoning designation
would bolster the viability of the Neighborhood Services designation at the southeastern corner, promote
additional home ownership opportunities, and promote a land use pattern that supports public
transportation She stated that this designation would create a buffer from the impacts of the intersection
on the lower density neighborhoods in the remainder of the annexation area.
Ms Anderson stated that an MRT-16 zoning designation on all three parcels would allow for a unified
development proposal with better management of the sensitive areas on the site Ms Anderson stated
Alternative 4 would allow an overall single family residential density of six units per acre, recognizing
this as an urban growth area and supporting urban densities The SF-6/SR-6 comprehensive plan land
use and zoning designations provide a means for developing at a somewhat higher level than is currently
allowed
Ms. Anderson stated that staff recognizes that much of the area consists of larger lot subdivisions She
stated that it is unlikely that these lots would be subdivided within the next ten-year timeframe, but by
allowing for a designation of six dwelling units per acre,redevelopment could occur.
Ms Anderson stated that not creating another commercial designation at this intersection recognizes and
supports the existing major commercial operations at the activity center intersections of 240th and 104th
and 132nd Avenues Southeast
Board member Dowell asked Charlene if the property to the east of the Lotto/Toppano property heading
down hill - was declared open space by the County in their comprehensive plan
In response to Board member Dowell, Ms Anderson stated that the County had property specific
development standards and special district overlays for the property lying east of the Lotto/Toppano
property Ms Anderson stated that one of the County's overlays relates to the retention of significant
trees She stated that King County attached property specific development standards These standards
designated the natural area on the Lotto/Toppano property as permanent open space and indicated that the
open space shall not comprise less than 30% of the total sites
Ms. Anderson submitted the following Exhibits for the record.
• Exhibit#1 - Response letters from approximately 628 residents relating to the Lotto Property Zoning,
supporting the NCC, Neighborhood Convenience Commercial zoning for the northeast corner of the
Lotto property with Multifamily Townhouse zoning for the remainder of the site
• Exhibit g2 - Correspondence from Amy Kosterlitz with Buck and Gordon, Attorneys for
Lotto/Toppano discussing the appropriate comp plan designation and zoning
• Exhibit #3 - Correspondence from Russell Hanscome, Exe Dir of Arbor Village Retirement and
Assisted Living, supporting the Neighborhood Convenience Commercial designation and the MRT
Townhouse zoning.
• Exhibit #4 - Correspondence from Frederick Mendosa with Curran Mendosa Attorneys, supporting
Neighborhood Convenience Commercial and Multifamily Townhouse zoning
• Exhibit#5 - Correspondence from Mark Beacraft, does not support Mr Lotto's zoning request.
• Exhibit#6 - Correspondence from Kathy Withem, supports Alternative#5
• Exhibit#7 - Correspondence from Mr Donald Becker does not support Mr Lotto's zoning request.
4 • Exhibit #8 - Correspondence from Dr and Mrs James Dupree, requesting Commercial, Multifamily
zoning of his property at 12126 Southeast 240th
• Exhibit #9 - Correspondence from Stephen and Debora Mackey, supports Alternative #5 and opposes
Commercial or Multifamily
Land Use and Planning Board Minutes
March 11,2002
Page 4 of 13
• Exhibit 410 - Correspondence from Christine Hawke,-Lewis and Joseph Paohno, Supports
Alternative#5
• Exhibit#11 - Correspondence from Charles Adams supports Mr Lotto's zoning request
Ron Harmon MOVED and David Malik SECONDED to open the public hearing Motion Carried
Chair Zimmerman declared the public hearing open
Mike Lotto, 11644 SE 240th, Kent, WA stated that he has owned property for 25 years at the northeast
corner of 116th and 240th which includes a commercial nursery on eight acres Mr Lotto stated that the
County gave this portion of his property a commercial zoning designation He stated that the balance of
his property has been zoned Multifamily and MRT-16 for several years.
Mr Lotto stated that the City of Kent had told him that if they annexed their property to the City, they
would be able to retain their existing zoning He stated that the Board formerly recommended Alternative
#1, which supported the existing neighborhood commercial and multifamily zoning on his property.
Mr Lotto stated that his new proposal, Alternative #6 proposes a permanent two-acre open space buffer
between the single-family residential developments and the commercial He stated that Alternative #6
offers a lower density townhouse zone, which allows for condominium development and not apartments
Board members Malik and Thomas asked Mr Lotto if he had received correspondence from the City of
Kent indicating that the City intended to preserve his current zoning Mr Lotto indicated that he was told
it is the City's policy to take in property as it is already zoned through annexations, but that he did not
have this in writing
Amy Kosterlitz, loll Western Avenue#902, Seattle, WA 98104 stated that she works with the firm of
Buck and Gordon and represents Mike Lotto Ms Kosterlitz reaffirmed the long time zoning and use of
the Lotto Kent East Hill Nursery property and the surrounding property as the proper annexation zoning
in Kent She stated that she supports the Board's prior recommendation of NCC and MRT
Ms Kosterlitz stated that the new Alternative #6 incorporates additional protections for the neighbors
She stated that the City of Kent has a sensitive areas ordinance with strong buffer requirements and that
over seven acres of this site cannot be developed due to wetlands, streams and buffers
Ms Kosterlitz stated that the Neighborhood Commercial and Multifamily Townhouse zoning is the type
of zoning envisioned by the City of Kent's Comprehensive Plan The Comprehensive Plan's Land Use
and Transportation policies support denser nodes of development at arterial intersections, creating
opportunities for a variety of housing and multi-model transportation, and opportunities for pedestrian
friendly mixed-use developments
Ms Kosterlitz stated that single family zoning at such an arterial is unrealistic due to the increase in
traffic as a result of the commercial development, which is going to occur across the street Ms
Kosterlitz stated that single family zoning would contravene most of these policies, including the City's
policy of providing a variety of housing types in annexation areas such as this area
Ms. Kosterlitz stated that because of prior concerns voiced by the Board, her firm hired a traffic
consultant who analyzed traffic impacts at this site and determined that the proposed type of project
would not degrade the level of service at this intersection.
Ms Kosterlitz stated that she believes that the correct recommendation was made at the time this proposal
was first presented to the Board and that this new proposal considers the sensitive area issues
Maggie Potter, 1011 Western Ave. #902, Seattle, WA 98104 stated that she actively interviewed
neighbors who reside from Southeast 227th Street to Southeast 244th Street and from 112th Avenue
Southeast to 124th Avenue Southeast She stated that she has explained Mr Lotto's proposal to them,
obtaining their viewpoints. Ms Potter stated that these interviews indicated that large majorities of
Land Use and Planning Board Minutes
March 11,2002
Page 5 of 13
neighboring citizens support Mr Lotto's request to be able to use his property for commercial and
• multifamily zoning
Ms Potter stated that these neighbors recognize the long-standing commercial use on the site and these
people desire the availability of goods and services in their community She stated that these neighbors
believe that the City of Kent should not down zone property after it is annexed into the City
Ms Potter stated that she has been able to quell concerns that apartments might be developed in this area
when she explains that MRT-12 Townhouse zoning allows for the construction of condominiums and not
apartments. Ms Potter stated that neighbors were pleased when told that acreage must be set aside as
undeveloped so as to protect streams and wetlands, and to provide open space buffers between the
commercial and residential sites
Ms. Potter stated that the City has received over 600 letters supporting Mr Lotto's zoning request and
urged the Board to consider these submissions
Sandra Mathews, 11828 SE 231st Place, Kent, WA questioned the justification in building new retail
space since Kent's East Hill has many existing unoccupied spaces for rent She stated that she has
contacted a number of property managers representing those available properties who have indicated that
these spaces are unoccupied because supply is greater than the demand
Ms Mathews stated that the best interests for the residents of our community is to retain a high quality of
life which includes preserving the wildlife, wetlands and retaining this area's peaceful environment. Ms
Mathews cited increased traffic congestion and other safety issues, which could jeopardize the quality of
life they now enjoy She stated that the residents in her community support Alternative #5 with SR-6
zoning
• Jean Lambert, 12451 SE 235th St., Kent, WA stated that she is one of the residents who initiated the
DeMarco annexation process stating that a major factor for being annexed to Kent was the belief that the
City would respond to input from its residents She stated that the support for Mr Lotto seems strong but
indicated that the support letters are signed by residents from Issaquah, Renton, Normandy Park, Sumner,
and Covington, to name a few, noting that there are several pages that indicate "occupant" support as the
signatures are illegible.
Ms Lambert submitted over 125 support letters for the record, as Exhibit #12, some with multiple
signatures of residents living within or adjacent to the DeMarco Annexation area, within Kent's
boundaries.
Ms Lambert stated that there were many presentations made to the Land Use and Planning Board and the
City Council She stated that these presentations covered documented concerns on increased traffic and
safety issues, stress on the four overcrowded schools, preservation of wildlife and wetlands The City
Council saw, in her belief, the wisdom to rezone this area for single family homes.
Ms Lambert asked the Board to consider supporting the decision the Council originally made in
September 2001 to zone the entire area, as Single Family Residential, SR-6 which will signal Board
support for the majority of the land owners within the DeMarco Annexation area
Bill Moore, 12305 SE 237th Place, Kent, WA stated that he represents the Oakdale development He
stated that his neighbors are concerned with the overcrowding that the four area schools are experiencing
and which would be exacerbated by single family residential development.
Mr Moore stated that his community signed the DeMarco Annexation with the belief that the City would
• implement a comprehensive plan for development unlike what they were seeing in the County Mr
Moore stated that it was the consensus of his community that they moved to this area to live in a rural
setting and not in a commercial, over densely populated area
Land Use and Planning Board Minutes
March 11,2002
Page 6 of 13
Tony Arnone, 15861 132nd Place SE, Renton, WA stated that he has lived on the East Hill in the
• Fairwood development for 67 years and supports Alternative #6 He stated that he believes this option
provides additional commercial services in an area where commercial activity already exists, within
walking distance from residential areas and does not increase traffic congestion
Janet Hoffman, 24115 120th Avenue SE, Kent, WA stated that she resides across from the annexation
area on 240°i Avenue She voiced support for Alternative #6 with commercial zoning on the comer so
that services will be conveniently located close to residential areas within walking distance
Doug Peterson, 25323 121st Place SE, Kent, WA stated that he has lived in the community 11 years,
thirteen blocks south of the annexation area He stated that he represents the Martin Sortun Elementary
School PTA as their Co-President. He stated that as the elected representative of 158 parents and 37
teachers from Martin Sortun,this school would be directly impacted by the development of new homes.
Mr Peterson stated that Martin Sortun is already overcrowded, using portables, hallways and storage
rooms to absorb the overflow Mr Peterson stated that any new elementary age children would move into
Martin Sortun if their home were built in the DeMarco Annexation worsening an already critical
overcrowding situation He stated that the PTA adamantly opposes multifamily development within the
DeMarco Annexation boundaries and would prefer no further development at all
Makenna Martin, 23628 116th Avenue SE, Kent, WA stated that she is eleven years old and has heard
a lot about the DeMareo Annexation She stated that if this property were zoned R-12, 14, 16 or 18, it
would have a negative effect on the neighborhood kids Ms Martin stated that if the Board decides to
place condominiums, town homes or apartments on this property, it would increase the already
overcrowded conditions in the Martin Sortun Elementary School and eventually Meridian Junior High
• Ms Martin stated she lives on two acres next to the annexation area She stated that the Board needs to
carefully consider their decisions Ms Martin stated that development of apartments, retail, commercial
and multifamily could place her, her brother and many of the kids in the area in danger She stated that
crime rates are three times higher in these types of developments than in single family residential areas.
Ms Martin stated that she sees the beautiful wetlands from her home along with the pheasants, the red
tailed hawks, ducks, geese and other wildlife She stated that she does not want the wetlands to be
destroyed Ms Martin stated that she is in attendance to inform everybody how much all of them care for
this area
Lena Teter, 23607 120th Avenue Southeast, Kent, WA stated that she owns 4.75 acres of property
zoned R-6, located adjacent to the MRT portion of the Lotto property She voiced support for Alternative
#6 stating that Mr Lotto should be able to retain his original zoning, obtained legally according to the
Growth Management Act and as she understands it, is in compliance with the Kent Comprehensive Plan
Ms Teter addressed the concern which implied that Mr Lotto should not have commercial zoning due to
a high rate of existing commercial vacancies in the area She stated that she and her husband had owned
commercial and multifamily property in this area for over 30 years and she still owns two professional
buildings in Kent.
Ms Teter stated that many factors govern vacancies, it can be the building, location, management or
pricing, but mostly vacancies are based on an economic business cycle Ms Teter stated that the demand
for space could turn around in a short time She stated that as the economy tums around, the demand for
space would turn around Ms Teter stated that to base zoning on temporary conditions is shortsighted
Ms Teter voiced her concern with what single family residential development would do to impact
schools, stating that it would be reasonable to develop condominiums to attract retired and single people
Ms Teter stated that her property forms the northern boundary (236th on the north and 120th on the east)
of what would be the MRT-12 section
Land Use and Planning Board Minutes
March 11,2002
Page 7 of 13
Kim Scott, 11623 SE 231st Place, Kent, WA stated that she supports SR-6 zoning and voiced her
concern with school overcrowding and the increase in creme, citing that her husband's car parked off
248°i at a park and ride lot, near an apartment complex, was broken into just that morning Ms Scott
stated that an increase in construction would destroy the rural areas
David Swanson, 27228 120th Ave. SE, Kent, WA stated that he grew up within the DeMarco
Annexation area at 11824 SE 236°i and has lived in Kent with his family his entire life Mr Swanson
stated that two years ago it was his understanding that King County granted his neighbor Mr Lotto,
permission for a legal yet nonconforming business on his property
Mr Swanson stated that he has observed a decline in the wetlands over time, as ponds and ditches have
been drained and wetland plants mowed down by tractors Mr Swanson applauded the young lady who
spoke about preserving the animal habitat and the wetlands He stated that the wetlands and animals that
inhabit those wetlands should be studied more Mr Swanson voiced his desire to have these wetlands
incorporated as part of the Clark Lake Park and left undeveloped
Mr Swanson voiced concern with school overcrowding, urging the Board to consider the quality of life
for this community when considering this issue
Julie Reece-DeMarco, 13004 SE 234th St., Kent, WA stated that she grew up in the DeMarco
Annexation area She stated that over 150 people within her community petitioned the County in August
2000 The petition was generated in an attempt to bring serious traffic and pedestrian safety issues to the
County's attention, as it relates to the inadequacy and unacceptability of the residential roads for handling
traffic impacts Ms. De-Marco submitted this petition for the record as Exhibit# 13
Ms DeMarco stated that she supports SR-6 Ms DeMarco spoke at length on serious traffic and
pedestrian safety issues as well as school overcrowding concerns She cited the numerous commercial
business vacancies that Kent East Hill is currently experiencing and has experienced over the last 30
years
Kathy Withem, 12346 SE 236th Place, Kent,WA stated that she supports Alternative#5, Single Family
Residential, urging the Board to return a recommendation to the Council, supporting Council's earlier
decision, which recognized the desires of the home owners living in the impacted area
Ms Withem stated that what Mr Lotto would like to do with his property is no longer feasible. She
stated that she has not heard any plan that would mitigate school or traffic impact concerns if commercial
and multifamily development occurs
Dan Withem, 12346 SE 236th Place, Kent, WA stated that he supports Alternative #5 which appears
compatible with the surrounding neighborhood although at six units per acre, this alternative would still
stress the junior high school and the grade schools in the area
Mr Withem stated that he enjoys the wildlife in the area He stated that numerous commercial retail
businesses currently exist east on 240th east to 132nd Avenue Southeast Mr Withem cited some of these
businesses as QFC, Rolands Cleaners, Marux Pharmacy, Edwards Jones Investment, Blockbusters,
Meridian Eye Clinic, 76 Mini-Mart/Gas Station, 7-11 Mim-Mart/Gas Station, Kent East Hill Physical
Therapy, Papa Johns, Prudential Insurance, Hair Masters, Dance Academy, Teriyaki Restaurants, Kim
Marshall Arts, Jay's Tanning.
Mr Withem stated that west of 116th on 240th at 108th,just a few of the businesses which exist are- 7-11
Mmi-Mart/Gas Station. Asian Choice Restaurant, York Pizza, Firestone Tire Store, Benson Veterinary
Clinic, Mail Boxes of Kent, We Care Cleaners, Best Laundromat, McDonalds/Chevron Mini-Mart-Gas
Station Mud Bay Grainery Pet Stores, Marshall Art Studios, Check Cashing Stores and at 104th we have
Fred Meyers, Schucks Auto, Texaco Mini-Mart/Gas Station, 76 Circle K/Gas Station, Rite Aid,
Washington Federal Savings, US Bank, Golden Steer Restaurant, SoHo Teriyaki, Jack in the Box,
Hollywood Video, A&H Hallmark card stores, Booksale World, Valley Harvest.
Land Use and Planning Board Minutes
March 11,2002
Page 8 of 13
Debora Mackey, 12334 SE 236th Place, Kent, WA stated that she has lived in this area over 11 years
. and appreciates the rural feel of the area She stated that she has one child in elementary, one in Meridian
Junior High and one at Kentwood and has seen the overcrowding in the schools, She stated that she
would like to see the wetlands preserved Ms Mackey stated that she supports the recommendation to
retain SR-6 zoning.
Ted Nixon, 911 E. Temperance St., Kent, WA stated that he has practiced architecture for 27 years in
Kent He stated that Kent has created an agreement with adjoining cities, governments and Kent's
citizens to protect Kent's rural areas although Kent officially is not designated as a rural area
Mr Nixon stated that this agreement is encapsulated in the Comprehensive Plan and believes that the City
should adopt NCC, Neighborhood Convenience Commercial and MRT-12 zoning,which would allow for
a variety of residential housing in the surrounding annexation area.
Mr Nixon stated that the City of Kent's Comprehensive Plan states that every resident, where practical,
should be able to walk to shopping He stated that according to the Sierra Club's growth management
analysis, the walking distance should be no more than half a mile He stated that the distance between
104th and 132nd is two miles. Mr Nixon stated that for most goods and services, the City is now forcing
people to travel onto 240th and down to 104th which currently experiences traffic congestion problems
Mr Nixon stated that 116th and 240th is recognized as a major intersection and the Comprehensive Plan
specifies that NCC zoning should be established at these major intersections Mr Nixon stated that this
intersection is served by bus and is a logical location for this type of zoning as 116th connects directly to
the 277th Corridor and 240th is a four lane road
Mr Nixon stated that based on the City's Comprehensive Plan concerning the protection of wetlands and
sensitive areas,it indicates that MRT zoning should be used to provide cluster types of development Mr
Nixon stated that to protect this neighborhood, the owner has indicated that he will provide open space
Mr Nixon urged the Board to recommend supporting open space zoning for the Lotto portion of the
DeMarco Annexation area
Mr Nixon stated that Kent's MRT-12 zoning only allows condominiums He stated that in looking at
development, development densities, setbacks, and parking requirements need to be considered which
could restrict a residential townhouse development to no more than 36 residential units Mr Nixon stated
that if this property were zoned SR-6, over 100 single family residences could be developed which would
have a much greater impact on the local schools and services
In response to Mr Thomas, Mr. Nixon stated that to his knowledge the City plans to build a skate board
park on the southwest corner of 240th
David Markley, 16310 NE 80th St., Redmond, WA 98052-3861 stated that he works for
Transportation Solutions Incorporated, a firm specializing in short range transportation planning, traffic
operations and analysis He stated that he performs studies, including neighborhood subarea plans,
comprehensive plans and analysis of impacts on private development
Mr. Markley stated that based on experience, his firm believes that they have an understanding of the
relationships needed to consider appropriate zoning He stated that only zoning and not development is
under consideration at this time, therefore, the details of impacts will be assessed during a thorough
review under SEPA Mr Markley stated that he prepared a conceptual analysis to look at the impacts of
additional traffic as it relates to various zoning considerations for the DeMarco site He stated that the
analysis indicated that a commercial development would generate more traffic than a single-family
development
Mr Markle stated that in evaluating traffic patterns both in the immediate area as well s area a the
• y g p ate we a wide,
inter-relationships of origins and destinations of trips must be considered Mr Markley stated that traffic
studies for the intersection at 116th and 240th indicated that this intersection functions at a Level C based
on highest levels of service measured from A down to F
Land Use and Planning Board Minutes
Maich 11,2002
Page 9 of 13
Mr. Markley indicated that if Mr Lotto's zoning proposal Alternative #6 were approved, the level of
service in this area would remain at C He stated that in evaluating Benson Road and 240th he found it to
be operating at a low level of service of E to F Mr Markley indicated that the level of service would
deteriorate further if Mr Lotto's zoning proposal were not approved.
Mr Malik voiced concern over increasing traffic congestion in the morning and evenings near the schools
and as a result of potential commercial development on Mr Lotto's corner property Mr Markley stated
that by consolidating commercial within the neighborhood, it allows for diverted link trips, serving to
reduce traffic congestion at other intersections, as this type of development intercepts traffic that would
otherwise have to travel down through heavily congested areas for goods and services
Mr Markley stated that vehicle delays at the intersection of 116th and 240th will increase from only 25 to
27 seconds if Mr Lotto's rezone is approved as compared to Benson Road which currently operates at
about an 80 second average vehicle delay He stated that if this rezone does not gam approval, the
average vehicle delay on Benson Road could increase to 90 seconds.
M.F. Johnson, 12229 SE 234th St., Kent, WA stated that his family has lived in Kent since 1967 and
voiced his support for SR-6 zoning He stated that the quality of life is good and he would like to see it
remain that way
Karen Merle, 23515 128th CT. SE, Kent, WA stated that she supports Alternative #5, as there is no
other alternative that would provide less density and designate the entire annexation area as single family
residential, six dwelling units per acre Ms Merle stated that she recommends this alternative as she
believes the DeMarco Annexation area is mostly a single family housing community She stated that
such a community is in the best interest of preserving the quality of life, schools and transportation
• infrastructure within and around the area
Ms. Merle read a letter submitted by her husband who was unable to attend. Mr Merle's letter
summarized the reasons he supports Alternative#5 and recommends that an alternative be considered for
even lower housing densities then Alternative#5 provide, as many homes in this area are on larger parcels
of land Mr Merle's letter indicated that he is not in favor of any type of commercial business activity on
any of the corners of 116th Avenue Southeast and 240th Street
Carol Fuchs, 12125 SE 236th St., Kent, WA stated that she lives four houses up from 120th and the
wetland area She stated that she believes that Mr Lotto's business has not had a detrimental effect on the
wetlands and he has been a good neighbor Ms Fuchs stated that the type of development occurring in
this area could create negative impacts on the wetlands and its wildlife.
Ms Fuchs stated that she would like the junior high to be involved in learning about and maintaining the
wetlands She voiced her concern over the potential of higher density impacts to the schools if residential
development occurs
Rodney Bishop, 24314 135`i' Avenue Southeast, Kent, WA stated that he has lived close to the Lotto
property for 42 years and has watched the area change dramatically He stated that he has done business
with Mr Lotto and is delighted with having a neighborhood commercial operation close to his home
Mr Bishop stated that it was his understanding that when the City of Kent incorporates an annexation that
they retain the zoning on that land as it exists at the time the annexation occurs
Mr Bishop stated that he believed the Board originally favored Alternative#1, which made good sense at
that time Mr Bishop stated that Mr Lotto has changed his zoning request in order to accommodate the
• wishes of the general community Mr Bishop stated that he believes that neighborhood commercial
services are needed at the intersection, voicing support for entry level housing such as MRT-12,
Multifamily Residential Townhouse
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March 11, 2002
Page 10 of 13
Tom Bankord, 23702 116ih Avenue SE, Kent, WA 98031 stated that his property is adjacent to and on
the northwest corner of the property proposed for rezoning by the owners of Kent East Hill Nursery He
stated that at the time he purchased his property in 1986, he inquired about proposed changes to
commercial uses in the surrounding area and none was brought to his attention at that time He was
informed two months after beginning escrow proceedings that Mr Lotto intended to build a commercial
nursery on 2 5 acres.
Mr Bankord stated that the nursery property has adversely affected his property the most He stated that
the nursery property has been filled considerably and slopes towards his property, creating a drainage
problem Mr Bankord stated that noise is generated from vehicles and equipment on the business site
during the day and sometimes during the evening He stated that if any type of commercial business were
developed on that corner, traffic would increase dramatically Mr Bankord voiced support for SR-4.5
zoning
Martin Durkin Jr., 22401 Sweeney Road, Maple Valley, WA stated that he has been a land use
consultant for twenty years,having worked on the 277°i Corridor and the Justice Center
He stated that today, the 277'h Corridor serves as a fundamental part of Kent's transportation system, used
by thousands of individuals daily. He stated that the Kent Justice Center has been a magnet to attract
business to the Kent downtown area
Mr Durkin stated that Mr Lotto's property was zoned R-18 in King County and if King County had been
aware that Kent intended to down zone this property to R-6, King County would not have allowed Kent to
annex this property. Mr Durkin stated that Mr Lotto has run a commercial business at this location for
twenty years with a commercial zoning designation obtained from the County in 2000
• Mr Durkin stated that if Mr Lotto's property were down zoned, it would become a nonconforming use
and banks do not give loans for nonconforming uses, which could be a determent to Mr Lotto if he
wished to repair or expand his business
Mr Durkin stated that he favos Alternative #6 and would like to see a balance of residential and
commercial zoning to allow Mr Lotto to continue his operations Mr Durkin stated that residential
properties do not pay for themselves, but that commercial property will help pay for schools Mr Durkin
urged the Board to deliberate in a fair manner
In response to Mr Thomas. Mr Durkin stated that he believes the City of Kent had posted a general
comment letter on their web site. The comment indicates that the City of Kent will assign the closest
possible zoning from what a property owner had at the time of annexation.
Darlene Jevne, 23636 120`h SE, Kent, WA stated that she owns five acres on 120th with wetlands and a
pond across from Mike Lotto She stated that she supports SR-6 or lower and does not support
commercial Ms Jevne said that in the 35 years she has lived in Kent, City Council has chosen to change
zoning,which has taken away all the agricultural land
David Malik MOVED and Nicole Fincher SECONDED to close the Public Hearing. Motion CARRIED.
Leonard Olive, Development Manager, with Kent, Public Works Engineering stated that a commonly
used method to measure how intersections are functioning is through "A through F" levels of service
grading system Mr Olive concurred with Mr Markley that the level of service is rated "C" at the
intersection of I I6th and 240th.
Mr Olive stated that the City measures traffic flow based on p m peak hours and not on daily trips He
• stated that the nature of the business is important in evaluating what traffic patterns may occur Mr Olive
addressed concerns at length from the Board regarding impacts to the schools with the increase in
vehicular travel near the schools and how a commercial development on the corner of 140`h and 116`h
could impact traffic
Land Use and Planning Board Minutes
March 11,2002
Page 11 of 13
Board member Fincher asked how rezoning the entire area for single family residential, six units per acre
• could impact traffic, with the potential of additional 100 new homes in the area Mr Olive stated that the
nursery site currently generates about 60 p in peak hour trips and if the entire acreage were developed
with single family, the p in peak hour trips could double to approximately 114
Mr. Olive stated that if the City combines NCC zoning on the comer with MRT-16 to the east, this could
potentially generate 320 to 760 vehicular trips Mr Olive emphasized that he could not hypothesize
unless he knows the nature of the business and its propensity to generate a new trip on the system rather
then utilize one that is going by there anyway
Mr Olive stated that MR-12 zoning could potentially generate 152 trips and MRT-16 could generate
approximately 176 trips Mr Olive stated that the City's current model estimates that 2600 cars enter that
intersection from all four directions dunng our p in peak hour
Ms Anderson referred to the Zoning Code in listing types of businesses allowed in the NCC zone
In response to the Board members, Asst City Attorney Ms Adams Pratt stated that she does not find
documentation that states zoning will remain the same She stated that she found the DeMarco
Annexation Notice of Intention which reiterates the history of how this annexation came to the City and
what the King County Comprehensive and Ordinances have implemented for this area Ms Pratt stated
that this report refers to the zoning designation given to Lotto in 2000.
In response to Ms Zimmerman, Ms Anderson stated that she has not heard of the City informing
individuals interested in annexation that the City will guarantee that their current zoning would remain the
same She stated that the City has been asked by those interested in annexation if the City could
guarantee a specific zoning, and the City's response has been "no"
Ms Adams-Pratt stated that the closest documented quote she found that speaks about the Lotto zoning
designates them Commercial Outside of Centers with a zoning designation of Neighborhood Business and
states that this site might develop into a more active commercial use
Mr Dowell said that the City of Kent's Comprehensive Plan states that the GMA requires that the
comprehensive plans of neighboring jurisdictions are coordinated and consistent with the comprehensive
plans adopted by King County He stated that in this case, it seemed like zoning was effected before the
annexation area was adopted as part of the City of Kent. Ms Anderson stated that the City may have
started the zoning process but it would not take affect until after the annexation was effective
Mr Dowell stated that if the City ratified the County's zoning in that area and if the City is supposed to
maintain consistent zoning with the County and outside jurisdictions, the City needs to consider the
commercial designation that the County gave to the Lotto property
Ms Anderson stated that Kent coordinates with neighboring jurisdictions including King County when
we consider our zoning designations and what impacts these designations may have on neighboring
jurisdictions She stated that she believes that the City is not required to agree with what zoning might
have been in place in King County
Ms Anderson stated that the City's Comprehensive Plan does not ratify the County's zoning. She stated
that the City agreed to retain the County's comprehensive plan designation within the potential
annexation areas
Ms Zimmerman stated that the Lotto's are proposing to leave a piece of their land as open space with a
zoning of SR-1 asking if this would be considered a contract rezone that the Lotto's would be held to
Ms Zimmerman questioned if there is permanency in an open space
Ms Anderson stated that the City does not require the Lotto's to donate their land to the City and the
most compatible zoning the City has to Open Space is SR-1 Staff is not proposing a contract zoning
Land Use and Planning Board Minutes
March 11,2002
Page 12 of 13
Mr Dowell stated that the Comprehensive Plan indicates that Neighborhood Convenience Commercial
• (NCC) shall be located in areas designated for neighborhood services He stated that the Lotto's comer
site should be limited to 2 acres of NCC zoned property with the remainder of the DeMarco property
zoned as Single Family Residential, 4.5 up to 6 5 units per acre and not consider a MR designation Mr.
Dowell suggested this option as Alternative#7
Mr Harmon stated that he is concerned that Neighborhood Commercial would increase traffic Mr
Harmon pointed out that although he appreciates the list of names supporting the applicant, approximately
half of those people do not live in Kent Mr Hannon stated that he supports Option #7, designating 2
acres of Commercial for the corner property with a SF-6 Comprehensive Plan Land Use Map and Zoning
designation for the rest of the area
Mr Johnson said that he supports single family development in the area stating that he sees no reason to
change the Board's prior recommendation to the Council as it recognized a NCC zone, which provides
needed services to the neighborhood Mr Johnson stated that based on three proposed subdivisions, with
the potential to increase impacts to schools, traffic and the intersection, he believes that NCC
development is a valid recommendation for the corner property.
Mr Johnson stated that he supports Alternative #6 with NCC, MRT-12 and SF-4 5 in order to maintain a
lower density zoning which reflects the characteristic of existing development in that area Mr Johnson
stated that he likes the open space proposal as it provides a buffer to the residences north of the site
Ms Fmcher stated that the Board's decision needs to be based on the City's Comprehensive Plan and that
SF-6 zoning seems to oppose that plan She stated that she would support either Alternative #6 or #7
Ms Fmcher stated that she likes the concept of NCC, Neighborhood Community Commercial, but would
restrict the size of the NCC zone She stated that she favors a SR-4 5 zoning
Mr Thomas stated that he favors Alternative 6 or 7. He stated that he sees only the corner section of the
Lotto property as a viable development for NCC, Neighborhood Community Commercial use, although
he would not restrict that property to two acres Mr Thomas voiced concern that the City could face
either ethical or legal obligations to retain the same zone as King County had, based on zoning
implications to the Lotto's and other property owners in the DeMarco annexation area
Mr Thomas assured Ms Martin that the wetlands would be preserved, and he envisioned a green section
with walking trail, perhaps a bridge across a section of the wetlands with the potential to develop the
wetlands area into a beautiful park like setting along with the open space
Ms Zimmerman stated that that she supports the Board's former recommendation of Alternative 4.
Steve Dowell MOVED and Ron Hannon SECONDED to recommend Alternative #7 which designates the
entire annexation area as SF, Single Family Residential, 6 dwelling units per acre on the Comprehensive
Plan Land Use Map, and SR, Single Faindv Residential, SR-6 or SR-4 5 on the Zoning Map and with a
two acre parcel in the southwest corner of 116th Avenue Southeast and Southeast 240th Street designated
with NCC, Neighborhood Convenience Commercial zoning
Ms Anderson questioned if the Board's motion included a Neighborhood Services Comprehensive Plan
Designation to support the NCC zoning designation, asking if this parcel would consist of two acres and
how it would be configured at the intersection
Mr Olive discussed several scenarios with the Board on how the Lotto's property could be configured at
the corner of the intersection at 116"'and 240"'
• Chair Zimmerman stated that the Board's recommendation has not been studied or proposed, therefore
she cannot support the Motion before them
Ms Zimmerman asked Ms Pratt if the Board has a legal right to recommend a down zone. Ms. Pratt said
that the City Code states that if the City Council believes that the comprehensive plan land use
Land Use and Planning Board Minutes
March 11,2002
Page 13 of 13
designation in that area is not current, then the Planning Manager can apply to the Land Use and Planning
40 Board to look at the designation
Ms Adams-Pratt stated that under Kent's Zoning Code, the City saw that they were not current with the
comprehensive plan land use designation that was established for the DeMarco area at the time of
annexation She stated that the City is endeavoring to respond to the situation now
Ms Zimmerman stated that we have a motion before us for Alternative #7 which designates the entire
annexation area as SF, sax dwelling units per acre on the Comprehensive Plan Land Use Map and SR,
SR-6 or SR-4 5 on the zoning map with a 2 acre as yet undefined area in the southwest corner designated
as NCC, Neighborhood Convenience Commercial Ms Zimmerman called for the vote Motion
DEFEATED with 3 voting n favor and 4 opposed
Ron Harmon MOVED to recommend Alternative #5 designating the entire annexation area as SF, Single
Family Residential, 6 dwelling units per acre on the Comprehensive Plan Land Use Map and SR, Single
Family Residential, SR-6 or SR-4 5 for the zoning map Motion FAILED for lack of a second.
Les Thomas MOVED and Jon Johnson SECONDED to recommend Alternative #6 allowing MRT-12,
Multifamily Residential Townhouse, 12 units per acre zoning with NCC, Neighborhood Convenience
Commercial zoning for 11 acres of the area to include a buffer area with a SR-I, Single Family
Residential, one unit per acre zone Motion DEFEATED with 2 voting in favor and 5 opposed
David Malik MOVED and Ron Harmon SECONDED to recommend Alternative #5 designating SR-6,
Single Family Residential, sax units per acre for both the comprehensive plan designation and zoning
designation on the balance of the property, and designating a two acre square parcel at the corner of
Ile and 240'" with NCC, Neighborhood Convenience Commercial zoning and NS, Neighborhood
Services for the Comprehensive Plan Land Use Map MOTION CARRIED with 4 voting in favor, and 3
opposed
Chair Zimmerman announced that the City Council would hold future public hearing meetings on this
issue and the public will be notified Ms Anderson stated that if approved on March 19 by City Council,
hearings will be held before the City Council for the zoning and comp plan designations on April 2 and
May 7, 2002
ADJOURNMENT
Chair Zimmerman adjourned the meeting at 10.45 p.m.
Re ectfully Submitted,
Charlene Anderson, AICP, Planning Manager
Secretary
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