HomeMy WebLinkAboutCity Council Committees - Planning and Economic Development Committee - 03/26/1985 CITY Of W
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PLANNING COMMISSION
MEETING PRO�EDURES
March 26.3)985 _
GENERAL ORDER OF BUSINESS
1 . Call to order
2. Roll call
3. Approval of minutes
4. Added items
5. Communications
6. Notice of upcoming meetings
70 Public Clearings
PLANNING COMMISSION MEMBERS
Douglas :Cul'len, Chairman 12/85 ! Chuck Lambert 12/86`
Robert Anderson, Vice-Chairman 12/86i Nancy Rudy 12/87
Robert Badger 12/85 Jill Spier 12/87
James Byrne 12/87 : Raymond Ward 12/85
Richard Foslin 12/86
CITY STAFF MEMBER
James P. Harris, Planning Director
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ORDER OF DISCUSSION
1. The general order of business, l through 4 is routine and is handled rather
quickly.
2. Communications
The public may address the Commission Chairman at this time. Such commun-
ication shall not, deal with any item that is scheduled on the agenda as
a public hearing item. Communications may be put on the agenda as an added
item by the Chairman and discussed by the Commi ssi on members.
3. Public Hearings:
Planning Commission public hearings #,re intended to allow the public, the
staff, and Commission members to Angige in a formal dialogue which discloses
all pertinent facets of the subject under discussion. The Commission re-
ceives testimony, conducts an educated exchange among its members, and makes
a recommendation to' the 'City Gouncil4, The public hearing is conducted
as follows:
a. Those who. wish to speak are req $ sted to sign up ahead of time (sign-
up sheets-will be circulated.just prior to the hearing)*
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Planning Commission
Meeting Procedures
b. The Chairman will open the public hearing.
c. City staff will present the subject matter. Planning Commission mem-
bers may ask questions of the staff at this point.
d. The Chairman will next refer to the sign-up sheet and call those who
have signed up to come forward to give their testimony. Each person
will be permitted ten minutes to speak; during a later rebuttal period,
they will be given three minutes of rebuttal time.
e. If a large, complex proposal is before the Commission, the Chairman
may permit a longer testimony period.
f. At the conclusion of testimony and rebuttal , the Commission Chairman
will call for a vote to close the public hearing and call upon Plan-
ning Commission members to discuss the subject. Commission members
may question staff, those who gave testimony or elicit information
from any person present.
g. At the conclusion of this phase of the hearing, the Chairman will
entertain a motion.
h. Planning Commission approval or denial of a public hearing item is in
the form of a recommendation to the City Council . The matter will be
referred to the Council which will deal with it on a future Council
agenda.
i.. If any party is not satisfied with the results of the Planning Commis-
sion's recommenation, it is suggested the City Council be informed in
writing of any objection or desired modifications of the Commission's
recommendations.
J . The minutes of the public hearing are being recorded on cassette tapes.
It is the obligation of all participants to provide clear and complete
testimony. This will include allowing time for change of tapes and
stating names, titles or positions, offering spelling as required.
Where unusual or technical terminology issued, spelling will be helpful .
2/84
'1/ CITY OF MIN'T
220 S. Fourth Avenue. Kent. WA 98032
Telephone (206) 872-3390
AGENDA
KENT PLANNING COMMISSION
March 26 , 1985
This is to inform you of the scheduled Planning Commission public
hearings on Tuesday , March 26 , 1985 , at 7 : 30 p .m, in the Kent
City Hall , City Council Chambers .
The AGENDA will include the following items :
1 . Call to order .
2 . Roll call .
3 . Approval of the February 26 , 1985 , Planning Commission minutes .
4. Added items to the agenda .
5 . Communications .
6 . Notice of upcoming meetings .
7 . Proposed Subdivision Code Amendment .
8 . Proposed ordinance amending the zoning code relating to Planned
Unit Development ( PUD) and Mixed Use Development (MUD ) .
9 . Consideration of a request by Barghausen Consulting Engineers ,
Inc . for a substantial development variance to allow the
construction of a 77-unit multifamily residential complex .
10. Consideration of an application by C .A . G . Associates for Open
Space Taxation for property located on the south side of S . 212th
St . between 45th and 48th Ave . South ( if both were extended ) .
Kent Planning Commission Minutes
March 26, 1985
KENT APARTMENT COMPLEX Chairman Cullen opened the third
VARIANCE #SMV-85-1 public hearing to consider a
request by Barghausen Consulting
Engineers to allow construction of a 77-unit multifamily residential complex.
Ed Heiser presented the application for a variance from the Kent Shoreline
Master Program
1 . To allow the construction of a portion of a 35-foot high, three-story
building within the shoreline area, and;
2. To allow an encroachment of building, asphalt pavement, and concrete
checker block surfaces within the required 100-foot building setback
line.
The subject property is located at the east end of South 262nd Street on the
east side of 85th Avenue South. The property is approximately four acres in
size. The property is currently zoned MR-M, Medium Density Multifamily Residen-
tial . The Kent Shoreline Master Program designates the shoreline area adjacent
to the Green River as "Urban" environment.
Mr. Heiser mentioned that the future jail is visible from the site and there are
mobile home parks located south of the subject property . There are other
apartments across the street on South 262nd Street. There are also a number of
single family residences scattered throughout the area. The Green River is
east of the subject property.
The property is composed of two triangular shaped lots. At the present time
there is an existing single family home on the northernmost lot. This home
would be renovated for the property manager if the application is approved.
This would make a total of 78 units.
The applicant applied for specific variances from the Shoreline Master Program.
Kent Shoreline Master Program
The Kent Shoreline Master Program designates the shoreline area adjacent
to the subject property as an "Urban" environment. The Shoreline Master
Program provides specific development standards which apply to con-
struction along the Green River. In addition, there are a number of
standards provided specifically for residential development.
The applicant has applied for a variance from the following use regulations
of the Shoreline Master Program:
1. No structure shall exceed two stories or twenty-five feet in height.
The proposed buildings will encroach from three to 15 feet into the
200 foot wide shoreline area with the construction of a third story.
The three-story portion of the building will be 35 feet above grade.
2. The applicant must establish and show on the development or subdivsion
plan a "building setback line" along the Green River. This line
will establish the limits of all buildings, fencing, and impervious
surfacing along the Green River. The standards for establishing
the building limits line shall be as follows:
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Kent Planning Commission Minutes
March 26, 1985
In residential zones, the building setback line shall be a minimum
distance of 100 feet from the ordinary high water line, or 60
feet from the ROW of a scenic and recreational drive, or 75 feet
from the centerline of a dike, whichever is the greater distance
inland from the river.
As provided for above, the development is required to establish the
"building setback line" a minimum of 100 feet from the highwater mark
of the Green River. The proposed development violates this requirement
in several instances, including:
a) An encroachment of designated 100 foot setback line by eight (8)
feet at the north and east ends of complex. This encroachment
consists of unit ends, deck corners, and stairwell located at the
east end of the complex.
b) An encroachment within the 100 foot building setback line is re-
quested to construct an access ramp at the north end of the complex
in order to provide access to the proposed underground parking
lot.
c) While the existing single family residential unit located on site
at the north end of the site was constructed prior to the adoption
of the Shoreline Master Program and, therefore, is exempt from
the provisions thereof, it is requested that five parking spaces
be constructed in proximity to this unit for public access to the
Green River.
d) A security fence between the complex and the proposed 50 foot public
access easement along the Green River.
e) A request to provide two fire access lanes by the City of Kent
Fire Marshal. The lanes provided will consist of concrete "checker"
block, which is a semi-impervious material that will structurally
support emergency vehicles and permit the growth of ground cover
through the material and, likewise enable water run off to percolate
into the ground.
The Shoreline Master Program also provides goals, objectives, and policy
statements that relate to development along the Green River. The fol-
lowing is a review of these statements.
PUBLIC ACCESS ELEMENT
GOAL: Make the river's edge available to the public.
Objective 1: Provide improved public access to the river's edge.
Policy 5: Access points should be developed for diversified
recreational use.
Policy 6: Parking spaces shall be provided to handle the de-
signed public use of the access point and designed
to have a minimum impact on the natural environment.
Planning Department Comment
The developer is willing to provide a public access easement along
the Green River. This easement will be 50 feet in width as measured
landward from the centerline of the dike. The easement, granted to
the City of Kent, will permit the public to reach the river's edge.
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Kent Planning Commission Minutes
March 26, 1985
In addition, the developer will provide five public parking spaces.
These parking stalls will be directly adjacent to the Green River.
This parking area will also be easily accessible by the public via
S. 262nd Street.
Valley Studies Program
The Kent City Council reviewed a series of studies in 1980/1981 that
related to development of the valley floor area in Kent. This review
came to be known as the Valley Studies Program and was adopted by the
Council in 1981.
Recognizing that the Kent Shoreline Master Program regulates development
within 200 feet of the Green River, the Valley Studies Program es-
tablished regulations that relate to development from 200 to 1,000
feet of the shoreline area. These regulations apply only to develop-
ment within this corridor and, as such, are known as the Green River
Corridor Special Interest District regulations.
The Planning Department has reviewed the Valley Studies Program and
Green River Corridor Special Interest District regulations in relation-
ship to the proposed development. The development is consistent with
these policies and regualtions. As such, further review in this staff
report is not necessary.
A Final Declaration of Nonsignificance was issued on December 12, 1985.
The assessment was approved with the following conditions:
1. Provide easement for, and improve to City standards, the public
access shown on preliminary plans to allow public access and vehicular
access by fire suppression apparatus.
2. Execute no-protest LID covenants for the improvement of S. 262nd
Street and 85th Avenue S. with asphalt pavement, curb and gutter,
sidewalks, street lighting, underground utilities and related ap-
purtenances.
PLANNING DEPARTMENT REVIEW
The Planning Department has reviewed this application in relation to the
Comprehensive Plan, present zoning, land use, street system, flood control
problems and comments from other departments and finds that:
A. The Comprehensive Plan designates the subject property as "Multifamily
Dwelling." The Kent Shoreline Master Program designates the site as
an "Urban" environment.
B. The site is zoned MR-M, Medium Density Multifamily Residential.
C. Land use in the area is predominantly multifamily residential.
D. The subject property will have access to S. 262nd Street and
85th Avenue S. Each of these streets is improved with two lanes of
asphalt paving and gravel shoulders. The Engineering Department has
recommended the developer be required to overlay S. 262nd Street with
one and one-half inches of asphalt pavement. This improvement would
mitigate the impact that the proposed development would have on the
existing roadway condition.
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Kent Planning Commission Minutes
March 26, 1985
In addition to the above improvement, the Engineering Department has
recommended the developer be required to execute an agreement to partici-
pate in the cost of installing a traffic signal at the intersection
of S. Central Avenue and S. 262nd Street. The developer would be re-
quired to pay a pro rated share of the installation cost at such time
as the traffic signal .is warranted.
E. There are no flood control problems on the site.
F. Variances from the Shoreline Master Program may be granted only under
certain circumstances. The followingis an excerpt from the Kent Shoreline
Master Program:
The property owner must show that if he complies with the provisions
of the Shoreline Master Program, he cannot make any reasonable use
of his property. The fact that he might make a greater profit by using
his property in a manner contrary to the intent of the program is not
a sufficient reason for variance. A variance will be granted only after
the applicant can demonstrate the following:
1. The hardship which serves as the basis for granting of a variance
is specifically related to the property of the applicant.
2. The hardship results from the application of the requirements of
the Act and Master Program and not from, for example, deed restric-
tions or the applicant's own actions.
3. The variance granted will be in harmony with the general purpose
and intent of the Master Program.
4. Public welfare and interest will be preserved; if more harm will
be done to the area by granting the variance than would be done
to the applicant by denying it, the variance will be denied.
The Planning Department has reviewed the above statements and made
the following findings:
1. The hardship which serves as the basis for granting of a variance
is specifically related to the property of the applicant.
Planning Department Finding
The applicant has requested several variances from the Shoreline Master
Program. These variances will be necessary to construct the proposed
development at a density that is somewhat less, but comparable to,
other developments in the area.
The variances requested are necessary because of the unusual shape
of the subject property. The property is made up of two triangular
parcels. The triangular shape of the lot and its location in relation
to the Green River expose a relatively greater frontage to the shoreline.
The site has 945 linear feet of frontage along the Green River. In
addition, 2.8 acres of the 4.0 acre site is within the shoreline area.
As a result almost 75 percent of the site is subject to the standards
of the Kent Shoreline Master Program.
The unique shape of the lot and the fact that most of the lot is subject
to the substantial regulations of the Shoreline Master Program serve
as the hardship basis for granting the request for variance.
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Kent Planning Commission Minutes
March 26, 1985
2. The hardship results from the application of the requirements of
the Act and Master Program and not from, for example, deed restric-
tions or the applicant's own actions.
Planning Department Finding
The request for variances from the Shoreline Master Program are a result
of the specific application of the following requirements:
No structure shall exceed two stories or twenty-five
feet in height.
The applicant must establish and show on the develop-
ment or subdivision plan a "building setback line" along
the Green River. Thisline will establish the limits of
all buildings, fencing, and impervious surfacing along
the Green River. The standards for establishing the
building limits line shall be as follows:
• In residential zones, the building setback line
shall be a minimum distance of 100 feet from the
ordinary high water line, or 60 feet from the
R.D.W. of a scenic and recreational drive, or
75 feet from the centerline of a dike, which-
ever is the greater distance inland from the
river.
(Of the above criteria applied to the subject property,
the distance of 100 feet from the ordinary high water
mark is the greater distance inland from the river.)
Firstly, the proposed development will have three story buildings
(35 feet maximum height) within the shoreline area. This will,
however, occur only as minor encroachments. The shoreline area
crosses the proposed building diagonally, directing the building.
More specifically, the 200 foot shoreline area line results in
the direction of five units. These units encroach from seven to 16
feet into the shoreline area. In addition, these encroachments are
at angles which further lessens the impact.
Secondly, the applicant is requesting a variance from the building
setback line. This line has been established at 100 feet from the
ordinary high water line of the Green River. The proposed develop-
ment violates this requirement in several instances, including:
(a) An encroachment of the designated 100 foot setback line by
eight (8) feet at the north and east ends of complex. This
encroachment consists of unit ends, deck corners, and stair-
well located at the east end of the complex.
(b) An encroachment within the 100 foot buildng setback line is
requested to construct an access ramp at the north end of the
complex in order to provide access to the proposed underground
parking lot.
(c) While the existing single family residential unit located on
site at the north end of the site was constructed prior to
adoption of the Shoreline Mater Program and, therefore, is
exempt from the provisions thereof, it is requested that
five parking spaces be constructed in proximity to this unit
for public access to the Green River.
(d) A request to provide fencing between the complex and the pro-
posed 50 foot public access easement along the Green River.
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Kent Planning Commission Minutes
March 26, 1985
(e) A request to provide two fire access lanes.as' requested by the
City of Kent Fire Marshal. The lanes provided will consist of
concrete "checker" block, which is a semi-impervious material
that will structurally support emergency vehicles, and permit
the growth of ground cover through the material and, likewise,
enable water run off to percolate into the ground.
A variance from the standard is necessary for each of the above
violations. The hardship on the development is a result of the
strict application of the Shoreline Master Program and not be-
cause of deed restrictions, easements, etc.
3. The variance granted will be in harmony with the general purpose
and intent of the Master Program.
Planning Department Finding
The Shoreline Master Program provides policy guidelines and use regula-
tions that determine the type and character of the development along
the Green River. The general purpose of the Master Program is to estab-
lish these guidelines and allow development along the Green River with
the intent of maintaining the unique natural environment of the shore-
line area.
A review of the guidelines established in the Shoreline Master Program
for residential development indicates that the proposed development
will be in harmony with the shoreline environment. The variances re-
quested are minor in scale and will not interfere with the public's
use of the river.
4. Public welfare and interest will be preserved; if more harm will
be done to the area by granting the variance than would be done
to the applicant by denying it, the variance will be denied.
Planning Department Finding
The public welfare and interest will be preserved. The development
will provide a public access easement along the Green River as well
as public parking areas. Significant landscaping will also be provided
along the Green River. The site also offers a unique opportunity to
provide housing adjacent to a.significant natural amenity. The requested
variances can be approved without impacting the public welfare and
interest in the Green River and the shoreline environment.
G. The proposed use is consistent with the provisions of the Valley Studies
Program.
STAFF RECOMMENDATION
The Planning Department recommends APPROVAL of the applicant's request for
variances from the Kent Shoreline Master Program.
Commissioner Lambert asked for clarification regarding the public access
setback requirement.
Mr. Heiser responded that in residential zones, the setback depends upon
the character of the shoreline. In this particular case it is at least
100 feet from the ordinary high water mark.
Commissioner Lambert expressed concern about the way the public access would
be used by the public.
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Kent Planning Commission Minutes
March 26, 1985
Mr. Heiser responded that each development along the river' s edge in this area
has provided public access and there has been no report of problems at this
time. It is the intention of the City of Kent to develop a linear park along
the river' s edge from the northernmost part of Kent to the southernmost part.
Mr. Harris added that the State of Washington has found the Green River to be
river of statewide significance, which essentially means that access is to be
provided along the entire river' s edge. It is the intent of the Shoreline
Master Program to have the river open to the people of the State of Washington.
He felt that it may be necessary at some future time to have the area policed.
Commissioner Badger asked about the fire lanes in the 100-foot area. He wondered
if the Walnut Grove Mobile Home Park currently had asphalt paving within the
100-foot area.
Mr. Heiser responded that they did have asphalt paving.
Commissioner Badger asked if this were the last parcel left to be developed in
the multiple zoning area.
Mr. Heiser replied that all the properties on the south would now be developed,
but he was not certain about the properties to the north.
Commissioner Badger asked if the jail property extended to the edge of the
river.
Mr. Heiser answered that it did extend to the river' s edge.
Tom Barghausen, Barghausen Consulting Engineers, Inc. , 6625 South 190th, Suite 102,
Kent, Washington 98032, stated that he had prepared this application for the
Planning Commission' s review. He mentioned that architects Bob Theriault and
Arden Steinhart were present and had prepared the site plans for this project,
and that they had been working with Ed Heiser and the Planning staff over a
six-month period on this project. It had taken a great deal of site planning
because of the constrained area Since the developer wished to put a high quality
project on the site, it took a great deal of planning in order to conform to
both the Zoning Code and the Shoreline Master Program. Triangular property and
square buildings presented a challenge, but they had been able to meet the intent
of both with a reasonable development for the site. The density would be about
15 percent less than what was allowed in the zone, and this was without any bonus
points.
Mr. Barghausen did not anticipate any of the problems that Commissioner Lambert
had mentioned. When the project is completed, the landscaping would allow the
area to be visible. He felt this would be a deterrent to the type of problems
that Commissioner Lambert had alluded to.
Commissioner Badger asked at what point the landscaping requirements stopped.
Mr. Barghausen remarked that a miniature golf course would be included in the
area. Since this would be open to the public, it would be a passive amenity.
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Kent Planning Commission Minutes
March 28, 1985
Commissioner Badger asked if there would be a fence between the development
and the river.
Mr. Barghausen responded that they had originally proposed a fence, but the fence
was eliminated as a result of the restriction between the 50-foot access and the
balance of the project.
Commissioner Anderson asked about parking and the final grades. He felt that
the roof line would push close to 35 feet above the existing grade.
Mr. Barghausen responded that they were planning to slightly indent the foundation
into the ground so that it would be slightly below grade level . The height of the
two-story units within the 200 foot line would be 20-25 feet in height, and then
at the three-story level it would extend 30-35 feet.
Richard Owen, property owner contiguous to the subject property, asked about
filling in the area and about a retaining wall .
Mr. Harris pointed out that this matter was not involved with the variance request
and should be directed to the architect.
Commissioner Foslin MOVED to close the public hearing. Commissioner Rudy SECONDED
the motion. Motion carried.
Commissioner Badger MOVED that the request for variance from the Kent Shoreline
Master Program to allow the construction of a portion of a 35-foot high, three-
story building within the shoreline area and to allow an encroachment of building,
asphalt pavement and concrete checker-block surfaces within the required 100-foot
building setback line be approved.
Commissioner Lambert SECONDED the motion.
Commissioner Byrne commented that the applicants had worked hard in putting
together a very ambitious project.
Commissioner Badger mentioned that he understood that the two green areas where
the fire lanes are provided were to be accessed from Dyke Road. He felt that
this was a good solution for a passable road within the Green River Shoreline
Management area. He expressed pride in the creativeness shown in this project.
Motion unanimously carried.
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