HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 03/25/2002 COMMUNITY DEVELOPMENT
Fred N Satterstrom, Community Dev Director
PLANNING SERVICES
Charlene Anderson,AICP, Manager
KENT Phone 253-856-5454
WASHINGTON Fax 253-856-6454
Address 220 Fourth Avenue S
Kent,WA 98032-5895
LAND USE &PLANN71NG BOARD MINUTES
PUBLIC DARING
March 25,2002
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 25, 2002 in Council Chambers of Kent City Hall
LUPB MEMBERS PRESENT STAFF MEMBERS PRESENT
Terry Zimmerman, Chair Fred N Satterstrom,AICP, C D Director.
David Malik,Vice Chair Charlene Anderson,AICP, Planning Mgr.
Steve Dowell Gloria Gould-Wessen, GIS/Planner
Nicole Fmcher Kim Adams-Pratt,Asst City Attorney
Ron Harmon Leonard Olive, Dev. Mgr, Public Works Engineering
Jon Johnson Pamela Mottram,Administrative Secretary
Les Thomas
APPROVAL OF MINUTES
Ron Harmon MOVED and Jon Johnson SECONDED to approve the Minutes of March 11, 2002 with one
correction to replace Les Thomas's name with the name of the Board member who seconded the motion
for Option 5 Motion CARRIED.
ADDED ITEMS TO THE AGENDA
None
COMMUNICATIONS
None
NOTICE OF UPCOMING MEETINGS
Planning Manager Charlene Anderson stated that the City Council will hold a public hearing on April 2,
2002 to discuss the zoning and comprehensive plan land use map designations for the DeMarco
Annexation area.
#CPA-2000-3 AGRICULTURAL LANDS AMENDMENT
Planner Gloria Gould-Wessen submitted the following exhibits for the record:
• Exhibit#1 Letter dated February 22, 2001 from Rita Bailie with FarmCity Alliance.
+ Exhibit#2 Letter dated March 26, 2001 from Gary Young with Polygon Northwest
+ Exhibit#3 Letter dated March 26, 2001 from Dorothy Knitter
• Exhibit#4 Letter dated March 29, 2001 from Casimiro and Lucille de la Cruz.
• Exhibit#5 Letter dated April 12, 2001 from Judith Herring, Coordinator with King County Farmland
Preservation Program.
• Exhibit#6 Letter dated Apnl 23, 2001 from Jack&Alice Nelson on behalf of their selves and
Howard and Nancy Bauer
• Exhibit#7 Letter dated April 23, 2001 from Mike Carptnrto.
• Exhibit#8 Letter dated April 23, 2001 from Judy Herring with King County Farmland Preservation
Program
• • Exhibit#9 Documents dated 4/23/01 from Mark Sollitto,TCD Program Manager with King County
Office of Regional Policy and Planning concerning"Transfer of Development Credits Program".
• Exhibit#10 Letter dated 8/6/02 from Rita Bailie with FarmCity Alliance concerning Farmers Markets
statistics
Land Use and Planning Board Minutes
March 25,2002
Page 2 of 6
• Exhibit 411 Letter dated August 10, 2001 from Elaine Spencer with Graham&Dunn PC concerning
• wetland status.
• Exhibit#12 Letter dated August 16,2001 from Bea Adams.
• Exhibit#13 Letter dated February 9, 2002 from Jennifer Kim and Lance Springer.
• Exhibit#14 Letter dated February 11, 2002 from Linda Hayes on behalf of Casimiro&Lucille de]a
Cruz.
• Exhibit#15 Letter dated February 15, 2002 from Debi Nicholson representing"7" families in
Northern Study area.
• Exhibit#16 Letter dated February 20,2002 from Elaine Spencer with Graham&Dunn concerning
MA zoning and recommended changes to AG.
• Exhibit#17 Letter dated February 22, 2002 from Elaine Spencer with Graham&Dunn concerning
SEPA issues.
• Exhibit#18 Letter dated February 26, 2002 from Linda J. Hayes on behalf of Casimiro &Lucille de
la Cruz.
• Exhibit#19 E-mail transmission dated February 26, 2002 from Albert Dreisow with attached letter
from Mr. George Lancaster with Safeway.
• Exhibit#20 Letter dated February 27, 2002 from Don Stuart with American Farmland Trust.
• Exhibit#21 Letter dated March 6, 2002 from Albert Dreisow
• Exhibit#22 Letter dated February 22, 2002 from King County Farmland Preservation Program.
• Exhibit#23 Letter dated March 14, 2002 from Jennifer Kim and Lance Springer concerning
protection of farmland.
• Exhibit#24 Letter dated March 21,2002 from Don Stuart,Regional Director of American Farmland
Trust
• Exhibit#25 Letter dated March 22, 2002 from Elaine Spencer with Graham&Dunn.
• Exhibit#26 Letter dated March 21, 2002 from Marguerite Sutherland,President of"Preserve Land
• for Agnculture Now.
• Exhibit#27 Letter dated March 22, 2002 from Alexis Koester with Smith Brothers Farms.
• Exhibit#28 Letter dated March 25, 2002 from Anne Huckms
• Exhibit#29 Letter dated March 25, 2002 from Barbara Petersen, Federal Way.
• Exhibit#30 Letter dated March 25, 2002 from Vance Gray, Enumclaw supporting Option C.
• Exhibit#31 Letter dated March 22, 2002 from Mr Jerey Rosso.
• Exhibit#32 Letter dated March 25, 2002 from Mr John E Nelson,Attorney
• Exhibit#33 Letter dated March 21, 2002 from Marshall Norman, Minister of Unity Church of Kent.
• Exhibit#34 Letter dated October 11, 2001 from Mr. Bob Tidball.
• Exhibit#35 Letter dated March 25, 2002 from Bethany Linn
• Exhibit#36 Submittal dated March 25, 2002 from Elaine Spencer with Graham&Dunn
recommending the addition of text to Kent City Code Section 15.04.070
• Exhibit#37 Submittal dated March 25,2002 from Elaine Spencer with Graham&Dunn
recommending changes to AG zoning, Kent City Code Section 15 04 040 and 15.04.070.
• Exhibit#38 Letter dated March 21, 2002 read into the record from Saral Khan.
• Exhibit#39 Letter dated March 25, 2002 read into the record from Rita Bailie,FarmCity Alliance.
• Exhibit#40 Letter dated March 25, 2002 from Tim Trohimovich,AICP, Plannmg Director
David Malik MOVED and Jon Johnson SECONDED to accept into the record the above exhibits as well
as Exhibits#1 through#6 presented at the public hearing of October 8, 2001 and Exhibits #1 through#10
presented at the February 11,2002 public hearing Motion CARRIED
• Ms Gould-Wessen briefly discussed additional funding opportunities that may become available from the
state and federal levels for preservation of agricultural lands
Ms Gould-Wessen described the eight options before the Board referring to the February 11, 2002 staff
report She stated that staff recommends Option B which combines the preservation of portions of the
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Land Use and Planning Board Minutes
March 25,2002
Page 3 of 6
Northern and Central study areas using a Transfer of Development Rights (TDR) Preservation Program
and designating portions of lands adjacent to the Northern Study area as TDR receiving areas.
David Malik MOVED and Jon Johnson SECONDED to open the public hearing Motion CARRIED
Bethany A. Linn, 30621 153" Avenue S.E., Kent,WA 98032 stated that learning to farm is valuable to
everyone and bolsters the nation's food supply She wants the agricultural lands preserved.
Brenda Dreisow, 5221 S 212`h St., Kent, WA 98032 stated that she supports Option C to change zoning
and land use designations to reflect GMA "Urban Growth Area" designations. She stated it is too late to
preserve farm land as there is not enough farm land to be productive
Mark Logan,665 S.W. 143A St.,Burien,WA 98166 stated that he owns ten acres in the Northern Study
area and that he supports Option C. He voiced his concern over how development will affect traffic
Debi Nicholson, 21831 Frager Road, Kent, WA 98032 stated that she is concerned with what impacts
could occur as a result of development of single family residential housing in the Central study area Ms.
Nicholson voiced concern over traffic conditions near Frager Road and 216'h She stated that increased
traffic could create negative impacts on recreational opportunities in this area.
Ms.Nicholson stated that although she is concerned with how TDR build out occurs and infringement on
wetland buffers, she supports Option B if a ceiling is placed on development She does not support a
Planned Unit Development requirement because the development potential for PUD's is too open ended.
Alice Watkins, 31621 West Lake Morton SE, Kent, WA 98042 stated that she would prefer that the
land use remain as it is currently designated but would support Option B. She believes federal and state
funding is years away. She asked the Board to consider the financial impacts to landowners in
considering their recommendation.
Jere Thornton,2453 'V2 S. 135`' St., Sea Tac,WA 98168 stated that she supports Option C.
Ernie Aquilar, 25934 68th Avenue S., Kent, WA 98032 stated that he does not specifically endorse any
of the Options before the Board He stated that he has lived in the valley ten years and has seen the
deterioration of the agricultural lands and therefore cannot support the preservation of these lands. He
does not believe the Kent lands can be classified farmland The Skagit Valley land can be classified farm
lands. Mr. Aquilar stated that he desires to see that all the landowners are given the opportunity to
receive full value for their land He voiced concern over increased traffic conditions in the valley.
Scott Highland, 13721 SE 260`h St., Kent, WA 98042 stated that has been a member of the Board of
Directors of Smith Brothers Farms since 1975 and the President of Smith Tractor and Equipment
Company Mr Highland stated that fifty percent of the land owned by Smith Brothers Farms is covered
with buildings, concrete, asphalt and mature gravel roadways with approximately 225,000 square feet of
buildings on the property. 150,000 square feet of building space sits vacant.
Mr Highland strongly urged the Board to rezone their land from Al to AG zoning in order that they
become a conforming business He said that this business needs to utilize their now idle property assets
in a financially acceptable way. Mr Highland stated that agriculture is not expanding in King County nor
are agricultural processing companies He stated that they have proposed language to staff asking for a
conditional use process that would allow the property and buildings to be used for certain nonconforming
• businesses, while maintaining an agricultural appearance with sloping roof structures, limited signage and
no increased density of buildings
Mr. Highland stated that he would prefer Option C with the caveat that he would like to be creative with
what he does with this agricultural process in the valley.
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March 25,2002
Page 4 of 6
Albert Dreisow,5221 S 212'h,Kent,WA 98032 stated that he does not favor retaining agricultural lands
for farming as the economic climate of the valley is changing and no longer supports viable fanning. He
would like to see reasonable zoning that would allow land owners to receive full value for their land Mr.
Dreisow did not voice support of a specific option He stated local buying offices of major grocers are
moving out of the area and he expects there will be no purchase of local produce by these chains within
the next one to two years
Barbara Hansen, 21847 Frager Road, Kent, WA 98032 stated that she supports Option B as it would
preserve open space and compensate fanners. She voiced concern over how PUD's would be
implemented and what the traffic and safety impacts to 216a'and Frager Road would be.
Saraj Khan, 24719 43 d Ave S., Kent,WA 98032 stated that he owns 26 acres between 216d' and 212"i,
west of Frager Road He stated farm land is fragmented and no longer economically feasible for
agriculture He voiced support of Option C with a zoning and land use designation of SR-3
Larry Wagner, 11703 28`" St. NE, Lake Stevens, WA 98258 stated that he is a member of the Lake
Stevens City Council He stated that he is on the PSRC Board and is a state legislator and advisor to the
Region 3, Department of Social and Health Services, Unemployment Division and the State of
Washington Regional Advisory Council
Mr Wagner spoke about how the GMA governs growth for urban areas such as Kent He stated that Kent
is no longer viable for use as agricultural and voiced support of Option C.
R.Jery Rosso,PO Box 80345,Seattle,WA 98108 stated that he owns 60 acres in the Central study area
on Frager Road He stated that he does not support any of the options, as he believes that all options
devalue the land He reminded the Board of earlier testimony that indicated a 74% failure rate for TDR
programs.
Glen E. Gray, 20866 102"d Avenue SE, Kent, WA 98042 stated that he supports Option C as he
believes this option gives property owners full value for their land.
Hans Korve, 4215 S. 216'h Place, Kent, WA stated that he would support Option A as his first choice
and Option B as an alternative. He stated that Kent has a dwindling supply of agricultural lands and an
obligation to preserve what is left. He stated the Board should consider voting for the community and not
for the highest profit for landowners. He stated that he lives in the Planned Unit Development of
Riverview at the Landings and is the President of the Board of the Homeowners Association He stated
that if the City intends to rezone the land from agricultural for other uses that they should consider
developments other than PUDs.
Alexis Koester, 26518 68`" Avenue S., Kent, WA 98032 stated that she is the President of Smith
Brothers Farms and strongly supports a redesignation to AG for Smith Brothers Farms. She asked that
the Board consider zoning that would allow their business to utilize the 150,000 square feet of vacant
barns on their land
Ralph LoPriore, 26414 68'" Avenue South, Kent, WA 98032 stated that preserving agricultural lands
for fanning purposes is no longer lucrative but would recommend that these lands be considered for
zoning that would allow for other types of agricultural purposes, such as landscaping supply distribution
or nurseries. He stated that he does not favor a specific option and wants to let individual property
. owners do what they want with their land.
Mike Carpinito, 1148 N. Central Avenue, Kent, WA 98032 stated that the wholesale agricultural
market is diminishing and faces extinction potentially within the next two years He stated that the Board
Land Use and Planning Board Minutes
March 25,2002
Page 5 of 6
needs to consider flexible zoning that would enhance the retail abilities at their farm located at 277a' and
West Valley Highway. Mr Carpmito stated that he supports AG zoning
Elaine Spencer, 1420 Fifth Avenue, Suite 3300, Seattle, WA stated that she represents Smith Brothers
Dairy and Carpmtto Brothers Ms Spencer submitted proposed language for the record, which was
assigned exhibit numbers 36 and 37, addressing the needs of both Smith Brothers and the Carpmitos
Rita Bailie, 20607 101't Avenue SE, Kent, WA referenced the City of Kent's Comprehensive Plan,
Chapter Four, Land Use Goals and Policies which address the vision of the community Ms Bailie spoke
about farm land goals and policies. Ms Bailie urged the Board to base their recommendation on
compliance with the Comprehensive Plan and to work closely with each property owner in their
considerations Ms Bailie stated that she envisions a public market at SR-167 and 277th She
encouraged the Board to take advantage of King County's preservation programs.
Tim Trohimovich, 1617 Boylston Avenue, Suie 200, Seattle, WA 98122 stated that he represents 1000
Friends of Washington a citizens groups that supports implementation of the Growth Management Act
and halting sprawl.
Mr. Trohimovich stated that his group recommends that Soil Classes I through IV be used to identify
agricultural lands of long-term commercial significance.
Mr. Trohimovich stated that he supports Option A and many of the comprehensive plan and zoning
designations proposed including A-10 zoning He urged the Board to provide an appropriate level of
flexibility for farmers, such as allowing onsite sales and processing and limiting allowed uses in the AG
zone to farming, sales of agricultural products,agricultural processing and similar uses.
Mr. Trohimovich spoke about Redmond's TDR program and methodology for developing an effective
program
Les Thomas MOVED and Jon Johnson SECONDED to close the Public Hearing. Motion CARRIED.
The Board Members deliberated briefly on the options before them.
Ron Harmon MOVED and David Malik SECONDED to adopt Option B regarding CPA-2000-3
Agricultural Lands Amendment with the incorporation of the following changes to the AG zone directly
affecting Smith Brothers and Carpmrto Brothers and submitted as Exhibit#37:
• Kent City Code 15 04 040
Under the use category "Manufacturing, processing, blending and packaging of dairy products
and byproducts"add 'P"under AG Agricultural General District
Under the use category "Warehousing and distribution facilities"add, in addition to the current
'T(26)", a "C"with a note The note should state "Reuse or replacement of existing structures
for non-agricultural use, where it is shown that the existing structures are obsolete for
agricultural use and unless they can be put to non-agricultural use will have no viable economic
use Any replacement structures must maintain or enhance the agricultural appearance of the
property Signs shall be limited to not more than one hundred (100) square feet in area per
business, and of that amount,freestanding signs shall not exceed forty (40) square feet in area.
No increase in the area of existing impervious surface shall be allowed in connection with a non-
agricultural use "
• Kent City Code 15 04 070
Add a use category `Agriculturally related retail"and add a "C"with a note,for that use under
AG Agricultural General District The note should state "Retail use must be for sale of
agricultural or horticultural products, at least 25% of the gross sales value of which are grown
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Land Use and Planning Board Minutes
March 25, 2002
Page 6 of 6
within Washington State. Up to 50% of the gross sales value may be for seed, gardening
equipment and products, private label foods, and locally hand-made products Any structures
must be designed to maintain or enhance the agricultural appearance of the area
• This recommendation proposes text changes in land use and zoning designations as indicated in the
February 11, 2002 staff report on page 4, 5 and 6
• There is to be no industrial,no trucking or distribution hub and no fuel farm distribution.
• Retain present landowners' zoning.
• Eliminate the PUD option
• Allow PDRs, and
• Implement the TDR Program and direct staff to allow for maximum flexibility in location and use
options in TDR receiving areas
Motion CARRIED with 4 voting in favor and 3 opposed.
ADJOURNMENT
Chair Zimmerman adjourned the meeting at 9.40 p.m.
R pectfully S bmitted,
Charlene Anderson, AICP, Planning Manager
Secretary
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