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HomeMy WebLinkAboutCity Council Committees - Planning and Economic Development Committee - 02/27/1995 CITY OF MT0 t] 220 S. Fourth Avenue. Kent, WA 98032 " S Telephone (206) 859-3390 AGENDA BRENDA JACOBER CITY CLERK KENT PLANNING COMMISSION PUBLIC HEARING February 27, 1995 7:00 p.m. PLANNING COMMISSION MEMBERS: Kent Morrill, Chair Janette Nuss Gwen Dahle Kenneth Dozier Connie Epperly Edward Heineman, Jr. Robert MacIsaac Mike Pattison Russ Stringham CITY STAFF: James P. Harris, Planning Director Fred Satterstrom, Planning Manager This is to notify you that a Planning Commission public hearing will be held on Monday, February 27, 1995 in the Kent City Hall Chambers West at 7:00 p.m. The agenda will include the following items: 1. Call to Order 2. Roll Call 3. Approval of Planning Commission Minutes 4. Added Items to Agenda 5. Communications 6. Notice of Upcoming Meetings 7. ADULT USE ZONING #ZCA-95-1 To consider changes to Kent's Adult Use Zoning Reguations 8. JONES/HOBBS ANNEXATION ZONING#AZ-95-1 To consider zoning alternatives for the Jones/Hobbs annexation area generally located at the northwest corner of 100th Avenue SE and South 222nd Street. The area is presently zoned R1-20, Single Family Residential, which is an interim zoning. CITY OF CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM February 20, 1995 MEMO TO: KENT MORRILL, CHAIR, AND PLANNING COMMISSIONERS FROM: FRED N. SATTERSTROM, PLANNING MANAGER SUBJECT: PROPOSED AMENDMENT TO ADULT USE ZONING REGULATIONS (#ZCA-95-1) Background: The City of Kent has maintained adult use zoning regulations since 1986. Adult uses are defined as businesses or operations that involve an exhibition or dance by persons that is distingusihed or characterized by an emphasis on conduct that depicts, displays or relates to specified sexual activities or specified anatomical areas. The first uses to be regulated were adult bookstores and adult theaters; regulations were expanded to include other adult entertainment establishments in 1988. In early 1994, an adult dance studio along East Valley Highway at S. 216th Street was proposed. Following a review of the proposal, the City was compelled to reject it due to the presence of a single family dwelling within 800-feet of the site. City regulations require a separation of 1000-feet between adult uses and residential uses and zones. The applicant appealed the City's regulations to Federal District Court. While the City's ordinance was found by the Court to be constitional, it directed the City to re- draw the specific regulations since there were too few sites available for adult uses when all setback lines were established. Following this declaration by the Court, the Kent City Council declared a 6-month moratorium on all adult uses while the City undertook amendment of its regulations. (The original appellant was permitted to proceed with an application in the meantime.) Proposed Amendment: At the January workshop of the Planning Commission, the City Attorney reviewed the legal history of this issue as well as several alternatives for addressing it. The most direct as well as the simplest method is to maintain the 1000-foot separation requirement for residential zones, but delete the reference to residential uses. This would protect established residential neighborhoods but would allow some additional sites for adult uses in areas which are heavy commercial and/or industrial in character. r- Therefore, staff recommends that the words "...or any single- or multiple-family residential use" be omitted from Section 15.08.270(A)(1) of the Kent Zoning Code, which presently reads: "Within one thousand (1000) feet of any residential zone (RA, A-1 , AG, R1-7.2, R1-9.6, 131-12.0, 131-20.0, MR-D, MR-M, MR-H, and MHP as provided in chapter 15.09) or any single- or multiple-family residential use." A copy of this section of the Zoning Code is attached for the Commission's reference. At the Planning Commission's public hearing on this matter (February 27, 1995), the City Attorney will review the City zoning map to illustrate the effect of this code change. FNS/JPH/A:adultuse.951 Attachment CITY OF "LE!l�V , CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM February 27, 1995 TO: KENT MORRILL, CHAIR, AND MEMBERS OF THE PLANNING COMMISSION FROM: KEVIN O'NEILL, SENIOR PLANNER SUBJECT: PROPOSED JONES-HOBBS ANNEXATION AREA INITIAL ZONING #AZ- 95-1 Introduction In October of 1994, the City Council approved the annexation of the area known as the Jones- Hobbs Annexation Area into the City of Kent. This area, which is approximately 23 acres, is generally bounded by South 218th Street to the north, South 222nd Street to the south, 92nd Avenue South to the west, and 100th Avenue South to the east (see attached Vicinity Map). The subject area is directly adjacent to the Everson Annexation Area, which was annexed to the City in January of 1994. Zoning for the Everson Annexation Area was approved by the City Council in September, 1994. Subsequent to the annexation of the Jones-Hobbs Annexation Area by the City, the entire area was zoned R1-20 (Single-Family Residential), pursuant to Section 15.03.020(E)(2) of the Kent Zoning Code. The purpose of this process is to establish initial zoning for the annexation area, as outlined in Section 15.09.055 of the Zoning Code. This report will outline background information on the area, including the previous zoning of the area while it was still located in unincorporated King County. The report will then outline three alternatives for zoning of the area for the Planning Commission's consideration at the February 27 hearing. Existing Land Uses The entire annexation area, and the area surrounding it, is characterized by low density single- family residential development. The majority of parcels both within and adjacent to the annexation area are larger than one acre, and several of the parcels are larger than four acres. There are some platted lots located to the north and west of the annexation area, and a subdivision is now being constructed to the south of the annexation area on the south side of S. 222nd Street. Garrison Creek Park is located adjacent to the northwest section of the subject area The attached vicinity map shows parcel lines in the annexation area and in the surrounding vicinity. MEMO TO: Kent Morrill, Chair, and Planning Commission Members SUBJECT: Jones-Hobbs Annexation Area Initial Zoning ##AZ-95-1 PAGE 2 Environmental Constraints The entire annexation area is distinguished by west-facing slopes. For the most part, slopes in the annexation area range from 10 to 15 percent. However, the northwest portion of the annexation area is intersected by Garrison Creek, which is surrounded on both sides by slopes exceeding 75 percent. Garrison Creek is designated as a major creek on the Kent Hazard Area Development Limitations map, and is designated as a Class II salmonid creek in the Soos Creek Community Plan. The steep slopes adjacent to the creek are designated as ravines on the Hazard Area Limitation map, and as Seismic Hazard and Erosion Hazard areas in the Soos Creek Community Plan. Under the City of Kent zoning code, no impervious surfaces are allowed within 75 feet from the top of a ravine. This requirement will limit development opportunities on some of the parcels located within the annexation area. The parcels within and surrounding the annexation area are heavily vegetated with ground shrubs and trees, many of which are significant trees, meaning that they have a caliper of 6 inches or greater. There do not appear to be any wetlands in the vicinity; however, surface water management will likely be a significant issue for any new development in the area, due to the slopes and proximity to Garrison Creek. Previous King County Zoning Prior to being annexed to the City of Kent, and subject area was located within the Soos Creek Community Planning area in King County. The Soos Creek Community Plan, and accompanying area zoning, were adopted by the King County Council in 1991. The previous King County zoning for the subject area was GR-S-P, Growth Reserve, with an underlying zoning of RS-7200-P. The GR-5 zoning district was an interim zoning district permitted one unit per five acres until December 31, 1994, at which time the underlying zoning went into effect. In this case, the underlying zoning is RS-7200 zoning. GR-5 zoning was applied in the Soos Creek Community Plan to all undeveloped and underdeveloped land located adjacent to an incorporated city. The RS-7200 zoning district allowed one unit per 7,200 square feet of land, and is comparable to the R1-7.2 zoning district within the City of Kent. The P- suffix in the previous King County zoning refers to specific requirements regarding environmental protection and development standards. Comprehensive Plan and Zoning Analysis The subject area is designated as Single Family 1-8 units per acre in the Soos Creek Community Plan. The Kent Comprehensive Plan designates the subject area as Single Family. The Draft Comprehensive Plan which is being considered by the City Council designates the area as Single /Family 1-8 units per acre, which is consistent with the Soos Creek Community Plan MEMO TO: Kent Morrill, Chair, and Planning Commission Members SUBJECT: Jones-Hobbs Annexation Area Initial Zoning #AZ-95-1 PAGE 3 designation. The Kent East Hill Subarea Plan designates the area as SF 6, which allows single- family residential development at densities of four-to-six units per acre. The East Hill Plan also designates the area along Garrison Creek as Constrained Areas, which are defined as areas classified as environmentally sensitive due to natural hazards (landslide, seismic, erosion, and flooding potential) and areas which support unique, fragile or valuable resources. The property to the west of the subject area, which is located in the City of Kent, is zoned Rl- 20 and R1-12. Sites to the west are intersected by Garrison Creek and steep slopes, which is the reason behind the low density zoning in this area. Properties to the north, south, and east of the annexation area are located in King County. In December, 1994, King County adopted a new zoning code to implement the County's Comprehensive Plan which was prepared to implement the Growth Management Act. The areas which were previously zoned GR-5 with underlying RS-7200 were changed to R-6. The new R-6 zoning district allows a base density of six units per acre, and a maximum of nine units per acre. Therefore, the properties adjacent to the subject area to the north, east, and west are now zoned R-6. Zoning Alternatives Three zoning alternatives are presented below for the subject area. All alternatives show the area being zoned as single-family residential, which is consistent with both the City of Kent Comprehensive Plan and the Soos Creek Community Plan. The difference between the alternatives relates to the density of single-family development which would be permitted in the area. The zoning alternatives are shown on the attached maps. Alternative 1 This alternative would zone the majority of the subject area as R1-7.2, which is consistent with the zoning of surrounding properties to the south, east, and north in King County. The three parcels on the north end of the subject area would be zoned R1-12 since Garrison Creek, and the associated ravine, intersect all three of these parcels, and minimizes the development potential of these lots. Alternative 2 The second alternative is similar to the first in that all of the parcels located on South 222nd Street would be zoned R1-7.2. However, this alternative would designate the northern parcels as R1-20, since these parcels are constrained, and to be consistent with the City's zoning designation to the west. The two parcels located south of Garrison Creek Park would be designated as R1-12, since the northern portions of these parcels are intersected by the ravine, MEMO TO: Kent Morrill, Chair, and Planning Commission Members SUBJECT: Jones-Hobbs Annexation Area Initial Zoning #AZ-95-1 PAGE 4 which would limit development potential on these lots. This zoning designation would also be consistent with the zoning to the west of these parcels. Alternative 3 The third alternative would result in the least density of the three alternatives. The three parcels east of Garrison Creek Park would be zoned R1-20, which is similar to Alternative 2. The parcels on the southern portion of the annexation area would be zoned R1-12. The zoning proposed under this alternative would be the most consistent with the zoning designations to the west in the city limits, in that both the R1-20 and R1-12 areas which are located to the west would be extended into the annexation area. In summary, Alternative 1 would be the most consistent with the surrounding zoning in King County, while Alternative 3 would be most consistent with the City of Kent's existing zoning to the west. Alternative 2 would generally allow higher densities on the parcels with the fewest environmental constraints, and would to varying degrees restrict development on the parcels which are affected by the Garrison Creek ravine. Staff Recommendation Staff recommends that the Planning Commission recommend to the City Council the zoning designation outlined in Alternative 2 for the Jones-Hobbs Annexation Area. KO cc: James P. 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