HomeMy WebLinkAboutCity Council Committees - Planning and Economic Development Committee - 12/06/2004 Planning u Economic Development
Committee Agenda
KENT Councilmembers: Ron Harmon•Bruce White•Tim Clark, Chair
WASHINGTON
SPECIAL MEETING —December 6, 2004
4:00 p.m.
Item Description Action Speaker Time Page
1. Approval of the Minutes of I1/15/04. YES 1
2. #CPA-2004-4(A-D)/#CPZ-2004(3-6) YES William Osborne 3
Proposed 2004 Comprehensive Plan&
Zoning Map Amendments
3. #CPA-2004-1 Downtown Strategic Action YES William Osborne 85
Plan Update -Comprehensive Plan Amendment
4. #CPA-2004-5 Urban Density Study YES Charlene Anderson 247
Resolution
Unless otherwise noted,the Planning and Economic Development Committee meets the 3Nd Monday of each month
at 4:00 p.m. in Council Chambers East,Kent City Hall, 220 4th Avenue South,Kent,98032-5895.
For information on the above items,the City of Kent's Website can be accessed at
http://www.ci.K-ent.wa.us/CityCounciI/coinmitLees/planning.asp or contact Pamela Mottram or the respective project
planner in Planning Services at(253) 856-5454.
Any person requiring a disability accommodation should contact the City Clerk's Office at
(253) 856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay
Service at 1-800-833-6388.
Planning 8z Economic Development
• Committee Agenda
KENT
WAS HIN GTON Councilmembers: Ron Harmon•Bruce White•Tim Clark, Chair
October 18, 2004
4:00 p.m.
Item Description Action Speaker Time Page
1. Approval of Minutes dated October 4, 2004 YES 1
2. Supporting Regulations to 2004 YES Gloria Gould-Wessen 15 min 5
Comprehensive Plan#CPZ-2004-1
3. Urban Density Study NO Gloria Gould-Wessen 15 min 47
4. Manufactured Housing
Zoning Code Amendment#ZCA-2004-1 YES Charlene Anderson 15 min 83
5. Countywide Planning Policies -Amendment
Table LU-1, Household&Employment Targets NO Charlene Anderson 15 min 103
• Unless otherwise noted,the Planning and Economic Development Committee meets the 3nd Monday of each month
at 4:00 p.m. in Council Chambers East, Kent City Hall,220 4th Avenue South,Kent,98032-5895.
For information please contact Pamela Mottram in Planning Services at(253) 856-5454.
Any person requiring a disability accommodation should contact the City Clerk's Office at
(253) 856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay
Service at 1-800-833-6388.
5
COMMUNITY DEVELOPMENT
Fred N. Satterstrom, AICP, Director
PLANNING SERVICES
KEN T Charlene Anderson,AICP,Manager
w.s Hi H0.0H Phone:253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent,WA 98032-5895
October 11,2004
To: Chair Tim Clark and Planning&Economic Development Committee Members
From: Gloria Gould-Wessen,AICP,GIS Coordinator/Planner
Through: Mayor Jim White
Regarding: Supporting Regulations To 2004 Comprehensive Plan(#CPZ-2004-1)
MOTION: Approve/Disapprove/Modify Supporting Regulations to 2004 Comprehensive Plan as
recommended by the Land Use and Planning Board.
SUMMARY: The State Growth Management Act (GMA) requires that the City's development
regulations are consistent with the City's Comprehensive Plan. The attached rezones and regulatory
revisions were passed by a 5-0 vote September 27, 2004 by the Land Use & Planning Board to address
conflicts between the recent Comprehensive Plan Update and the existing development regulations.
Below is a brief description of proposed actions:
1. Rezone properties that are inconsistent with adopted land use designations;
2. Establish notification process for properties located within 500 hundred feet from "Agricultural
Resource Land";
3. Establish "Docketing" process to facilitate amendment process to the comprehensive plan and
regulations as required by GMA,and
4. Change "Zone Map" name of"Garden Density Multifamily"to be consistent with nomenclature
found in Kent City Code.
BUDGET IMPACT: None
BACKGROUND:
Each of the four actions has a separate staff report that is presented in four attachments. "Attachment A"
concemvs zoning district map changes and includes: a location map; and staff reports for each study area
which includes a detailed map. "Attachment B" proposes to establish a notification process by which
property owners located within 500 hundred feet of land designated "Agricultural Resource Land" (AG-
R) will be notified of their proximity to lands that have the potential for commercial agricultural
activities. `Attachment C"proposes to establish a process for public input into land use,development or
growth policies and regulations whereby "Docketed" items are compiled and published to ensure they
will be considered by the city and available for public review. Lastly, `Attachment D"is a zoning map
change whereby the zone district designation of MR-G changes from "Garden Density Multifamily" to
"Low Density Multifamily" as per Kent City Code. The SEPA Responsible Official determined these
amendments were consistent with previous environmental analysis and did not require additional
environmental review.
GGW1pm:P:1Planning\2002 Comp Plan Update\CouncilCommitteelCouncilCommittee_101804—Regs.doc
Attachments:Minutes of 9/27/04 LU&PB Meeting
cc: Fred N.Satterstrom,AICP,Community Development Director
Charlene Anderson,AICP,Planning Manager
Tom Brubaker,City Attorney
Parties of Record—Attached
Project File
7
Steve Dowell MOVED and Elizabeth Watson SECONDED not to take action on CPA-2004-1
Downtown Strategic Action Plan Update, rather to take this back to the Land Use and Planning
Board at a workshop on October 11, 2004 to address recommendations brought forward through
the public hearing process. Motion CARRIED.
CPZ-2004-1 SUPPORTING REGULATIONS TO THE 2004 COMPREHENSIVE PLAN UPDATE
Planner Gloria Gould-Wessen stated that this is being brought forward as the result of Resolution
1680 directing staff to revise development regulations that are in direct conflict with the
Comprehensive Plan.
Ms. Wessen stated that at the August 9`s Land Use and Planning Board Workshop staff reviewed
the Comprehensive Plan's goals and policies using the State Department of Community Trade
and Economic Development's development regulations checklists and determined that staff
needed to establish notification for agricultural resource lands, establish a docketing process and
update the zoning district nomenclature. Ms. Wessen stated that as a result of land use changes
in the Comprehensive Plan update, some zoning changes were also being presented.
Attachment A: Ms. Wessen stated that the zoning district map must be consistent with the
Comprehensive Plan. She referred to Attachment A as having criteria to review proposed zoning
amendments, as well as details on the six study areas which includes analysis and staff
recommendations for each.
Study Area 1 is 7 acres in size, consists of six parcels located off of 132nd Avenue Southwest,
approximately 630 feet along the southeast edge north of Southeast 272"d or Kent Kangley Road.
One parcel has a land use designation of(C)Commercial and the others are SF-8.
Ms. Wessen described existing land uses on and surrounding the subject site. She stated that
environmental constraints for this area include four lots with inventoried wetlands accounting for
approximately 1.2 acres or 17% of the land area. She stated that staff has applied a fifty-foot
buffer, estimating that about 4.1 acres of the 6.6 acres is developable based on the wetlands and
buffers. She described clustering and PUDs could be applied at development. Ms. Wessen
talked about access and transportation issues indicating that 132"1 Avenue Southeast is a minor
arterial and Kent Kangley Road is a highway of regional significance.
Ms. Wessen stated that staff recommends applying a(CC) Community Commercial zone for tax
parcel#2722059189 and(SR-8)Single Family Residential for the remaining properties.
Study Area 2 is approximately 6.1 acres in size with four tax parcels located along Kent
Kangley Road and gently slopes to the south about 10 to 15 feet. She stated that the existing
land use designation is Mixed Use (MU) with existing zoning of (NCC) Neighborhood
Convenience Commercial. Ms.Wessen stated that staff is recommending changing the zoning to
(CC-MU) Community Commercial Mixed Use.
Ms. Wessen stated that environmental constraints is a creek that runs through and between two
parcels into a wetland off site. She stated that staff applied a 25 foot buffer from the creek
reducing the developable land approximately 12% leaving 5.35 acres of possible developable
land.
Land Use and Planning Board Minutes
September 17,2004
Page 4 of 8
s
9
be consistent with surrounding land uses and to change these nine parcels to (CC) Community
Commercial, stating that existing land uses such as convenience stores, daycares and auto-part
stores are appropriate for that kind of zoning.
Ms. Wessen stated that there are no environmental constraints saying that Military Road is a
minor arterial and presently suports the local traffic as well as supporting pass-through traffic
heading north or south to 272" or SR-516. Ms. Wessen stated that staff recommends rezoning
these properties to (CC) Community Commercial to remain consistent with the Comprehensive
Plan.
Ms. Wessen asked for questions from the LU&P13.
Member Dowell stated that to obtain needed densities for housing development in Study Area
#3, he recommends increasing zoning from SR-4.5 as recommended by staff to SR-6. Ms.
Wessen stated that property owners would not be restricted from applying for a rezone to SR-6
and
SR-4.5 was consistent with a recent annual comprehensive plan amendment.
Member Watson questioned if the Study Area #2 property would have access through 1161h as
well as Kent Kangley. Ms. Wessen stated that of the four properties, three parcels have access
only off of Kent Kangley and one property has access off of 116th and Kent Kangley.
Member Ferguson asked if the Midway Land Fill area will have any impacts on Study Areas #5
& #6 as those study areas are on affected ground. Ms. Wessen stated that Study Area #5
involves the I-5 Interchange and a developed park and ride lot with the land fill located
downslope to the east. She stated she was unaware of Study Area #6 being effected by the
Midway Landfill.
Ms. Wessen responded to concerns raised by Member Dowell with rezoning Study Area 6 from
NCC to CC as Dowell related that this area is a neighborhood business area.
Ms. Wessen stated that staff evaluated NCC areas through the Comprehensive Plan Update
process including Study Areas #2 and #6, whereby staff felt that CC was appropriate for Study
Area #6 due to high traffic volumes that pass through the area and the existence of CC zoning
interspersed with the existing NCC.
Ms. Anderson clarified for Steve Dowell's benefit, that in Study Area #3 only properties zoned
SR-1 and SR-3 are under consideration for rezoning to SR-4.5. She stated that City Council had
approved a previous application for land use and zoning designation changes adjacent to this
study area to SR-4.5 and staff suggests carrying this forward to the properties being considered
tonight.
Ms. Wessen proceeded in her presentation to describe the regulatory changes as recommended
by staff.
Attachment B: Ms. Wessen explained that GMA requires the city to notify property owners
located within 500 feet of agricultural resource land of their proximity to agricultural land and
the possibility of commercial agricultural activities from time to time.
Land Use and Planning Board Minutes
SeptemberV,,2004
Page 6 of 8
Ms. Wessen referred to KCC 12.02.090 in regards to fee charges indicating that any docketed
items for text amendments to development regulations or the Comprehensive Plan are free of
charge. There will be no fee changes for Comprehensive Plan map amendments.
Attachment D: Ms. Wessen proposes a change to the Official Zoning District Map
nomenclature to be consistent with Kent City Code. She stated that throughout the Zoning Code,
Garden Density Multifamily(MR-G) is referred to as Low-Density Multifamily. Staff proposes
amending the Zoning Map's legend to Low Density Multifamily and maintain the abbreviation
MR-G.
Vice Chair Greg Worthing declared the Public Hearing Open.
John Kastien, 20609 94th Ave S, Kent,WA stated that he supports staffs proposal for a SR-4.5
zoning designation for Study Area#3 as well as the concept of cluster housing.
Paul Morford,PO Box 6345,Kent,WA stated that as a registered civil engineer,he is familiar
with the property located next to SR-167 (Study Area #3). He stated that he believes this
property would be better suited to SR-8 or SR-6 at the minimum in lieu of SR-4.5 as
recommended by staff. He stated that SR-6 exists to the east, the freeway to the west and
commercial development to the south, so that SR-6 would allow the density needed for
development of this area. Mr. Morford voiced his support for Commercial zoning off of 132"d
next to the Metro Park and Ride(Study Area#1).
Mr. Chang Kim, 23252 & 23254 Military Rd. S,Kent, WA stated that he is concerned with
inconsistencies in the zoning of Study Area #5. He stated that he owns three businesses
consisting of two auto mechanic and one auto body shop directly across from the Metro Park and
Ride on Military Road. He stated that his property is surrounded by(GC) General Commercial
zoning which allows large dealerships such as Poulsbo RV (located north of the Metro Park and
Ride). Mr. Kim stated that his property is located across from the Metro Park and Ride and is
zoned (CC) Community Commercial which restricts him from selling automobiles and would
like it changed to GC. Mr. Kim stated that due to the anticipated increase in traffic volumes by
40 to 60 percent with the widening of Military Road to five lanes, changing his zoning to GC
would be an advantage for his business.
Steve Dowell informed Mr.Kim that he could apply for a rezone to GC.
Steve Dowell MOVED and Theresa Ferguson SECONDED a motion to close the Public
Hearing. Motion CARRIED. Vice Chair Worthing declared the public hearing closed.
Steve Dowell MOVED and Elizabeth SECONDED a motion to approve CPZ-2004-1 Supporting
Regulations to the 2004 Comprehensive Plan recommended by staff and to move this on to City
Council for consideration. Motion CARRIED unanimously.
ADJOURNMENT
Vice Chair Worthing adjourned the meeting at 8:45 p.m.
Respe y Submitted,
A
Charlene Anderson,AICP,Planning Manager
Secretary,Land Use and Planning Board
S\Permit\Plan\LUPB\2004\Minutes\092704nun doc
Land Use and Planning Board Minutes
September 27,2004
Page 8 of
13
ATTACHMENT "A"
Zoning District Map
#CPZ-2004-1 Supporting Regulations to 2004 Comprehensive Plan
Introduction:
The City's Zoning District Map needs to be brought into conformance with the Land Use Map in the
Comprehensive Plan (the Plan). Consistency between zoning and the land use designations is
required by the Growth Management Act(GMA).
Background:
On July 20, 2004, Kent City Council adopted the 2004 Comprehensive Plan Update (Ordinance
#3698) as required by the GMA. Overall, the proposed update does not substantially change the
direction, theme, goals, or policies of the Plan adopted in 1995. At the time of the update, several
land use designation areas were identified as inconsistent with updates to the Land Use Element.
Additionally, separate land use studies had been conducted raising a need for a broader examination
of existing land use designations. After a series of workshops and public hearings, Kent's Land Use
Map was revised. The proposed amendments to the Zoning District Map are examined based on the
following Kent City Code(KCC) section 15.09.050(C) criteria:
1. The proposed rezone is consistent with the Comprehensive Plan; and
2. The proposed rezone and subsequent development of the site would be compatible with
development in the vicinity; and
3. The proposed rezone will not unduly burden the transportation system in the vicinity of the
property with significant adverse impacts which cannot be mitigated;and
4. Circumstances have changed substantially since the establishment of the current zoning
district to warrant the proposed rezone; and
5. The proposed rezone will not adversely affect the health, safety and general welfare of the
citizens of the City.
Staff Analysis and Recommendations:
Each of the six (6) study areas (see Study Areas for Proposed Zoning District Changes map for
location) have been analyzed based on KCC 15.09.050 criteria; outlining existing conditions;
analyzing environmental constraints and access, followed by a summary of the analysis; and
concluding with staff recommendation. Each study area analysis is followed by a map that includes
existing zoning, the location of streams and inventoried wetlands, parcel lines, and buildings, and a
brief description of the site and the zoning recommendation. The study areas are highlighted with a
thick dark line. All maps were constructed using the City's GIS data layers.
The proposed zoning changes are based on changes in the Land Use designations made during the
recent Comprehensive Plan update. The City's SEPA Official found the Environmental Impact
Statement (#ENV-93-51) associated with the 1995 Comprehensive Plan was applicable for the
recent update to the Plan, requiring an addendum that was completed March 1, 2004. The proposed
zoning district map amendments were considered in the addendum and are consistent with the
Comprehensive Plan land use designations. No additional SEPA review is required.
LU&PB Public Hearing
September 27,2004
Supporting Regulation to 2004 Comprehensive Plan-CPZ-2004-1
Attachment—A
Page 1 of 11
15
STUDYAREA 1: Properties located at 132"d Ave. SE and SE 270d' (private road)
The 7.0 acre subject site consisting of six (6)tax parcels is located on slightly rolling terrain along
the east side of 132"d Avenue SE, approximately 630 feet north of Southeast 272"d Street/Kent-
Kangley Road.
Existing Existing Proposed
Land Use Map Zoning Districts Zoning Districts Area
Designation MapDesignation Map Designation Change = Size
SR-6 CC 0.4
(Commercial) (Single-Family 6.05 unit/acre) (Community Commercial) acre
SF-8 SR-6 SR-8 6.6
(Single-Family 8 unit/acre) (Single-Family 6.05 unit/acre) (Single-Family 8.71 unitlacre) acre
Land Use Map Designations of Surrounding Properties:
North: Single-Family 6 units/acre (SF-6)
South: Commercial (C).and Low Density Multifamily(LDMF)
East: Single-Family 6 units/acre (SF-6)
West: Commercial (C) and Single-Family 8 units/acre (SF-8)
Zoning Districts Map Designations of Surrounding Properties:
North: Single-Family Residential -6 (SR-6)
South: Community Commercial (CC) and Garden Density Multifamily(MR-G)
East: Single-Family Residential —6 (SR-6)
West: Community Commercial (CC) and Single-Family Residential -8 (SR-8)
Existing Land Uses Surrounding Properties:
North: Single-family residences
South: Two single-family residences directly adjacent (zoned CC) to the site and
adjacent to them, a Walgreen's store, and a large multifamily housing
development
East: Single-family residences
West: The Lake Meridian Marketplace shopping center and a King County Metro
Park& Ride facility
Existing Land Uses:
Tax Parcel #2722059189 — A single-family residence and a non-conforming automotive
repair home occupation;
Tax Parcel #2722059183 single-family residence;
Tax Parcel#2722059187 single-family residence;
Tax Parcel#2722059170 vacant land;
Tax Parcel #2722059181 vacant land; and
Tax Parcel #2722059026 vacant land.
LU&PB Public Hearing
September 27,1004
Supporting Regulation to 2004 Comprehensive Plan-CPZ-2004-1
Attachment—A
Page 2 of 11
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STUDY AREA 2: Properties located along Kent-Kanglev Road and 116th Ave. SE
The 6.1 acre subject site consisting of four(4)tax parcels is located along Kent-Kangley Road on
terrain that drops gently 10-15 feet to the south.
Existing Existing Proposed
Land Use Map Zoning Districts Zoning Districts Area
Designation ` Map Designation Map Designation Change Size'
MU NCC CC-MU 6.1
(Mixed-Use) (Neighborhood Community (Community Commercial/ acre
Commercial) Mixed-Use
Land Use Map Designations of Surrounding Properties:
North: Single-Family 6 units/acre (SF-6) and Single-Family 8 units/acre (SF-8)
South: Single-Family 6 units/acre (SF-6)
East: Single-Family 6 units/acre (SF-6)
West: Low Density Multifamily (LDMF)
Zoning Districts Map Designations of Surrounding Properties:
North: Single-Family Residential -6 (SR-6) and Single-Family Residential -8 (SR-8)
South: Single-Family Residential - 6 (SR-6)
East: Single-Family Residential - 6 (SR-6)
West: Garden Density Multifamily (MR-G)
Existing Land Uses Surrounding Properties:
North: Single-family residences, a vacant lot, and a large day care facility
South: Single-family residences
East: Single-family residences
West: Single-family residences and retirement home
Existing Land Uses:
Tax Parcel #2722059092-Small variety store and three (3) cabins;
Tax Parcel #2722059096-Vacant, with building permit for gas station & mini-mart;
Tax Parcel #2722059013-Single-family residence; and
Tax Parcel #2722059014-Single-family residence.
Analysis of Environmental Constraints:
The site slopes to the south approximately 10-15 feet and a creek flows between two of the
properties (tax parcel #2822059092 and #2822059096) into off-site wetlands located to the
south. This will limit developable area of the subject site. While no wetlands are inventoried
on site, the buffer from the off-site wetland will impact the developable area, as will the creek
that runs through the site. An estimated 480 feet of creek transverses the site. Applying the
requisite twenty-five (25)foot buffer to the creek, the developable land area is reduced by an
estimated 0.55 acre. The off-site wetland buffer also impacts the site by approximately 0.2
acre. In total 0.75 acre of critical area and buffer (12%) occupies the subject site.
Approximately 5.35 acres of projected developable area would be available after such
reductions.
LU&PBer27,2004Hearing
September 27,2004
Supporting Regulation to 2004 Comprehensive Plan-CPZ-2004-1
Attachment—A
Page 4 of 11
y
City of Kent PROPOSED ZONING CHANGE
Existing Zoning STUDY AREA #2
"` ♦ From NCC
To CC-MU
Legend
/CITY LIMITS
26 Contours
-8 Creek
Inventoried Wetlands
Major Hydrology
Buildings
Study Area
t . f
a
�. Brief Description
• ': li 'Approximately 6.1 acres
of existing NCC
'Existing land uses are
■ ' ' : '' mini-grocery/multifamily
(3 cabins behind retail),
two single-family residences,
26 and future gas station/mini
market.
N
W F.
g
Phm"SeMaa scab
Augw 2004 t:a
• - � ATTACHMENT A- LU&PB Public Hearing 9gT/04
23
STUDY AREA 3 Properties located along 92"d Ave. South and South 208th St.
The 22.7 acre subject site consisting of fourteen (14)tax parcels is located along 92nd Ave South on
terrain that drops to the west at generally 16% down to State Route 167. The site is bound to the
north by South 200th and to the south by South 208th Streets.
Existing Existing Proposed
Land Use Map Zoning Districts Zoning Districts Area
Designation Map Designation Map Designation Change " Size
SF-6 SR-1 SR4.5 0.4
(Single-Family—6 units/acre) (Single-Family Residential 1) (Single-Family Residential 4.5) acre
SF-6 SR-3 SR-4.5 22.3
(Single-Family—6 units/acre) (Single-Family Residential 3) (Single-Family Residential 4.5) acre
Land Use Map Designations of Surrounding Properties:
North: Single-Family 6 units/acre (SF-6)
South: Commercial (C) and Single-Family 6 units/acre(SF-6)
East: Single-Family 6 units/acre (SF-6) and Single-Family 1 unit/acre (SF-1) .
West: Manufacturing/Industrial Center(MIC)
Zoning Districts Map Designations of Surrounding Properties:
North: Single-Family Residential—4.5 (SR-4.5)
South: Single-Family Residential—6 (SR-6) and Neighborhood
Community Commercial (NCC)
East: Single-Family Residential—6 (SR-6) & Single-Family Residential— 1 (SR-1)
West: Limited Industrial (M2)
Existing Land Uses Surrounding Properties:
North: Single-family residence
South: Single-family residence and a warehouse grocery store (across S 208th)
East: Single-family residences
West: Warehousing just past SR-167
Existing Land Uses:
Tax Parcels#0622059045 � -Vacant; and
Tax Parcels #0622059007, #0622059099, #0622059105, #0622059034, #0622059083,
#0622059056, #0622059036, #0622059063, #0622059057, #0622059071, #0622059068,
and#0622059041 —Single-family residences.
Analysis of Environmental Constraints:
The site slopes to the west are approximately 16% on average. At the base of the slope is a
linear wetland abutting SR-167. Not all properties are affected by the wetlands, but all are
affected by the slope. Research conducted on nearby properties during the annual
comprehensive plan amendment process (#CPA-2002-2[D]) found that soil conditions
combined with slope lead to conclude that seismic hazards conditions exist. Considering
the existing environmental constraints, approximately four (4) acres are unconstrained by
steep topography and may be easily developed. Kent's clustering standards would allow
density to be built on the portion of the site that is generally flatter and located along 92"d
Ave. South.
LU&PB Public Hearing
September 27,2004
Supporting Regulation to 2004 Comprehensive Plan-CPZ-2004-1
Attachment—A
Page 6 of 11
i
City of Kent PROPOSED ZONING CHANGE
Existing Zoning STUDY AREA #3
Jr From SR-3 & SR-1
^` " ! d To SR 4.5
i 1'{ 1 ' I t 1 F.. - - • 16 Legend
1 CITY LIMITS
25'Contours
Creek
Inventoried Wetlands
Major Hydrology
Buildings
Study Area
j Brief Description
'Approximately 0.4 acres
of existing SR-1
a ) "Approximately22.3acres
{ , of existing SR-3
`} 'Existing land use on the
0.4 acres is a single-family
1 residence
�� •. Existing land uses on the
22.3 acres are single-family
residences.
1 1 N
W} E
Ran
rkV
s
. ._�.� ATTACHMENT A- LU&PB Public Hearing 9/27/04
•
27
STUDY AREA 4 Properties located along 641h Avenue South and South 236th Street
The 11.4 acre subject site consisting of one (1)tax parcel is located along 64`h Avenue South and
South 236th Street. The terrain consists of the flat Duwamish/Green River bottom land.
Existing Existing Proposed
Land Use Map Zoning Districts Zoning Districts Area
Designation Map Designation Mao Designation Change Size
LDMF MA MR-G 11.4
(Low Density Multifamily) (Industrial Agricultural) (Garden Density Multifamily) acre
Land Use Map Designations of Surrounding Properties:
North: Low Density Multifamily(LDMF)
South: Low Density Multifamily(LDMF)
East: Industrial (1) and Low Density Multifamily (LDMF)
West: Low Density Multifamily(LDMF)
Zoning Districts Map Designations of Surrounding Properties:
North: Garden Density Multifamily(MR-G)
South: Garden Density Multifamily(MR-G)
East: Industrial Park(Ml)and Garden Density Multifamily(MR-G)
West: Garden Density Multifamily(MR-G)
Existing Land Uses Surrounding Properties:
North: Mixed residential community(PUD)
South: Mixed residential community(PUD)
East: Warehousing and vacant land (zoned MR-G)
West: Mixed residential community (PUD)
Existing Land Uses:
Tax Parcel'#1422049030—Elementary School
Analysis of Environmental Constraints:
The site has no environmental constraints.
Analysis of Access:
Access to the subject site will be from 641h Avenue South (classified as a minor arterial) and
South 2361h Street (classified as a residential collector arterial). Both streets are improved
with curb, gutter, and sidewalks. 64`h Avenue South is also improved for bicycle use (i.e.,
bike trail). Sewer and water are available.
Summary of Analysis:
The Neely-O'Brien Elementary School was built in the early 90's and is surrounded by the
housing development called "The Lakes". The change in land use was instituted because of
the elimination of the Community Facilities land use designation and reflects the surrounding
residential use. There are no environmental or access constraints.
Staff Recommendation:
Apply Garden Density Multifamily (MR-G)to Tax Parcel#1422049030
LU&PB Public Hearing
September 27,2004
Supporting Regulation to 2004 Comprehensive Plan-CPZ-2004-1
Attachment—A
Page 8 of 11
29
STUDY AREA 5 Properties located along Military Road South and Kent-Des Moines Road
The 5.5 acre subject site consists of one (1) tax parcel located along Military Road South and Kent-
Des Moines Road (a.k.a., SR-516). The zoning district boundary includes a portion of Interstate-5
and its northern access ramps. Approximately half of the tax parcel is presently zoned Community
Commercial (CC). The terrain of the parcel gently slopes to the southeast.
Existing Existing Proposed
Land Use Map Zoning Districts Zoning Districts Area
Designation MapDesignation Map Designation Chan e ' Size
C SR-2 CC 5.5
(Commercial) (Single-Family Residential—2) (Community Commercial) acre
Land Use Map Designations of Surrounding Properties:
North: None (City of Sea-Tac)
South: Commercial (C)
East: Commercial (C)
West: Commercial (C) and (Pacific Ridge—City of Des Moines)
Zoning Districts Map Designations of Surrounding Properties:
North: None (City of Sea-Tac)
South: Community Commercial (CC)
East: Community Commercial (CC)
West: General Commercial (GC) and (Pacific Ridge—City of Des Moines)
Existing Land Uses Surrounding Properties:
North: Freeway(1-5)
South: Freeway(1-5), Highway (SR-516)and METRO Park& Ride
East: Auto repair shops, RV sales, commercial bakery distribution, and vacant land
West: Hotels, multifamily and single-family residences
Existing Land Uses:
Tax Parcel#7260200095— METRO Park& Ride
Analysis of Environmental Constraints:
The site has no environmental constraints.
Analysis of Access:
Access to the subject site is from Military Road South (classified as a minor arterial), which
is fed from the south by Kent-Des Moines Road (a.k.a., SR-516) a "Highway of Regional
Significance". The METRO Park & Ride is developed to accommodate all modes of
transportation.
Summary of Analysis:
With METRO's dedication to providing alternatives to single occupancy vehicles (SOV) and
the Region's need for such facilities, the existing land use is not expected to change. There
is no constraint to existing or commercial uses at this site.
Staff Recommendation:
Apply Community Commercial (CC)to Tax Parcel#7260200095 and 1-5 ROW
LU&PB Public Hearing
September 27,2004
Supporting Regulation to 2004 Comprehensive Plan-CPZ-2004-1
Attachment—A
Page 9 of 11
31
STUDY AREA 6 Properties located along Military Road South and South 248`h Street
The 2.5 acre subject site consisting of nine (9)tax parcels is located along Military Road South
between South 248`h Street at the south end of the site and where 38"Avenue South converges
with Military Road South at the north end of the site. Several of the study area parcels are directly
adjacent parcels zoned Community Commercial and have existing commercial and service uses
(i.e., three parcels at a total of 2.3 acres). Located at a crest of a hill, the terrain is generally flat.
Existing Existing Proposed
Land Use Map Zoning Districts Zoning Districts Area
Designation Map Desi nation Map Designation Change " Size '
C NCC CC 2.5
(Commercial) (Neighborhood Community (Community Commercial) acre
Commercial
Land Use Map Designations of Surrounding Properties:
North: Single-Family 6 units/acre(SF-6)
South: Single-Family 6 units/acre (SF-6)
East: Single-Family 6 units/acre (SF-6)
West: Single-Family 6 units/acre (SF-6)
Zoning Districts Map Designations of Surrounding Properties:
North: Single-Family Residential -6 (SR-6)
South: Single-Family Residential -6 (SR-6)
East: Single-Family Residential -6 (SR-6)
West: Single-Family Residential -6(SR-6)
Existing Land Uses Surrounding Properties:
North: Single-family residential
South: Single-family residential
East: Single-family residential and Army National Guard facility
West: Single-family residential
Existing Land Uses:
Tax Parcel#2222049145—Convenience store;
Tax Parcel#2222049144—Office;
Tax Parcel#2222049153—Fast food;
Tax Parcel#2222049010-Auto parts;
Tax Parcel#1253200020—Single-family residence;
Tax Parcel#1253200025— Daycare; and
Tax Parcel #1253200075, #1253200070, and#1253200015 Vacant
Analysis of Environmental Constraints:
The site has no environmental constraints.
L Public Hearing
September 27,2004
Supporting Regulation to 1004 Comprehensive Plan-CPZ-2004-1
Attachment—A
Page 10 of 11
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ATTACHMENT "B"
Agricultural Resource Land Notification
#CPZ-2004-1 Supporting Regulations to 2004 Comprehensive Plan
Introduction:
Properties within 500 hundred feet of the land use designation "Agricultural Resource
Land" must be notified of the potential for commercial agricultural activities as required
by the Growth Management Act (GMA). The process needs to first be codified and later
implemented during the development permitting process.
Background:
In conjunction with the 2004 Comprehensive Plan Update (Ordinance #3698), the city
conducted a study of agricultural lands to determine their status. The study determined
that there were no lands of long-term commercial significance as defined by GMA with
the exception of properties that had their development rights purchased during the King
County Agricultural Preservation Program in the 1980's. Those properties were
designated "Agricultural Resource Land" (AG-R) (see Ordinance #3612). Subsequently,
goals and policies supporting the "Agricultural Resource Land" were incorporated into
the Land Use Element. They are:
■ Goal LU-30:Ensure the conservation and enhancement of productive
agricultural land via regulation, acquisition, or other methods.
■ Policy LU-30.1: Establish a notification process as specified by the GMA to
ensure incompatible land uses adjacent to agricultural lands are aware of
adjacent agricultural resource land.
Staff Analysis and Recommendations:
Land Use Policy LU-30.1 directs the city to establish a notification process. The GMA
specifies that "Counties and cities shall require that all plats, short plats, development
permits, and building permits issued for development activities on, or within five hundred
feet of land designated as agricultural lands...contain a notice that the subject property
is within or near designated agricultural...resource lands on which a variety of
commercial activities may occur that are not compatible with residential development for
certain periods of limited duration. " Within Title 12 "Planning and Land Development"
of Kent City Code (KCC), staff recommends the following text amendment:
12 01 125 Notification of proximity to Agricultural Resource Lands.
Project permit applicants for all plats short plats development permits and substantial
building permits for development activities within 500 hundred feet of land designated as
agricultural resource lands within the City of Kent or the comparable land use
designation within unincorporated King County, shall be informed by the city of the
proximity to agricultural resource lands on which commercial agricultural activities may
occur that are not compatible with residential development for certain periods of limited
duration..
P:IPlanning12002 Comp Plan UpdatelRegulationsW ttachB PH092704_CPZ-2004-I.doc
isLU&PB Public Hearing
September 27,2004
Supporting Regulation to 2004 Comprehensive Plan-CPZ-2004-1
Attachment—B
Page 1 of I
37
s
ATTACHMENT "C"
Annual Docket
#CPZ-2004-1 Supporting Regulations to 2004 Comprehensive Plan
Introduction:
Staff proposes amending Kent City Code (KCC) Title 12 "Planning and Land
Development" Chapter 12.02 "Procedures for Amendments to Comprehensive Plan" to
include a"Docketing"process as required by the Growth Management Act(GMA).
Background:
The GMA has outlined a procedure for jurisdictions to follow that assists the public in
making suggested amendments to the Comprehensive Plan, development regulations, and
growth policies on an annual basis. The suggested amendment"shall be docketed'which
refers to compiling and maintaining a list of suggested changes to the comprehensive
plan or development regulations to ensure they will be considered by the city and will be
available for review by the public. Planning Services provided an informal docket during
the 2004 Comprehensive Plan Update to solicit public input. There are existing
procedures for the City Council to consider amendments to the Comprehensive Plan
found in Chapter 12.02. Staff proposes to expand the chapter to include the annual
docket, thereby formalizing what Planning Services has provided the public throughout
the development and update of the Comprehensive Plan.
Staff Recommendations:
Staff recommends a code text amendment to Chapter 12.02 that integrates language for
an annual docket process. The following proposed text amendment includes: a new
purpose section (12.02.025); a new process for review (12.02.035); a new annual docket
evaluation criteria(12.02.045);and additions to existing sections to include docketing.
LU&PB Public Hearing September 27, 2004
Supporting Regulation to 2004 Comprehensive Plan-CPZ-2004-1
Attachment—C
Page I of 7
•
39
a
12.02.030 Time of filing.
A Any person group or agency may apply to propose textel amendments to
the comprehensive plan or development regulations using a"Docket" form
prescribed by the planning services office which shall be submitted to the KeFA
planning services office by September 1 of each calendar year.
B. A property owner or authorized agent of the property owner may apply to propose
an amendment to the land use map of the comprehensive plan usingRequests-fer-
amendments shall be stibmitted
forms prescribed by the planning services
office which shall be submitted to the planning services office by September 1 of
each calendar year. Incomplete land use map amendment applications will not be
accepted for filing.
C. Requests
received each year after September 1 shall be considered in the following year's
eemp annual docket amendment process.
12.02.035 Emergency amendments.
Repealed by Ord. 3650.
• 12.02.035 Process for review
A All pKpWsals for amendments to the comprehensive plan land use map that have
been filed with the planning services office in accord with 12.02.030(B)will be
forwarded to the City Council for action during the current annual Comprehensive
Plan amendment cycle.
B. All proposals for amendments to development regulations that have been filed
with the planning services office in accord with 12.02.030(A)will be considered
in an Annual Docket Report and forwarded to the City Council for action and
possible inclusion in a city department work program.
C. All proposals for amendments to the comprehensive plan text and development
regulations filed with the planning services office in accord with 12.02.030(A)
shall be compiled by the planning services office and distributed for review and
comment to those city departments responsible for the applicable element of the
comprehensive plan or implementing the development regulation.
D. Using the criteria provided in KCC 12.02.045 city staff will review and submit to
the planning services office no later than October 31s` recommendations as to
• LU&PB Public Hearing September 27, 2004
Supporting Regulation to 2004 Comprehensive Plan-CPZ-2004-1
Attachment—C
Page 3 of 7
a
41
12.02.045 Annual Docket evaluation criteria
A. Proposed amendments to the comprehensive plan text and development
regulations on the Annual Docket may be recommended for action if the following
criteria have been met:
A. The proposed comprehensive plan text amendment addresses a matter appropriate
for inclusion in the comprehensive plan;
B. The proposal addresses the interests and changed needs of the entire city as
identified in its long-range planning and policy documents, includingbut ut not
limited to the comprehensive plan,
C. The proposal does not raise policy or land use issues that are more appropriately
addressed by an ongoing work program approved by city council;
D. The proposal can be reasonably reviewed within the time frame of the current
annual work program and existing resources,
E. The proposal has not been considered by the city council in the last three(3)
years.
B. Staff may propose to expand the geographic scope of an amendment to the
comprehensive plan land use map to allow for consideration of adjacent property,
• similarly situated property, or area wide impacts. The following criteria shall be used in
detennining whether to expand the geographic scope of a proposed land use map
amendment:
1. The effect of the proposed amendment on the surrounding area or neighborhood
or city;
2. The effect of the proposed amendment on the land use and circulation pattern of
the surrounding area or neighborhood or city; and
3. The effect of the proposed amendment on the future development of the
surrounding area or neighborhood or city.
12.02.050 Comprehensive Plan Amendment Standard of review.
The planning services office may recommend and the city council may approve, approve
with modifications,or deny amendments to the comprehensive plan text or land use map
designations based upon the following criteria:
1. The amendment will not result in development that will adversely affect the public
health, safety,and general welfare; and
2. The amendment is based upon new information that was not available at the time
of adoption of the comprehensive plan, or that circumstances have changed since
the adoption of the plan that warrant an amendment to the plan; and
• LU&PB Public Hearing September 27, 2004
Supporting Regulation to 2004 Comprehensive Plan-CPZ2004-1
Attachment—C
Page 5 of 7
I
43
12.02.080 Standing.
Comprehensive plan amendments may be initiated by the city planning services office or
other administrative staff of the city,private citizens, or the city council.
12.02.090 Fees.
Application fees for docketed comprehensive plan land use map amendments shall be the
same as the fee established for rezones. There shall be no fee for docketed proposals to
amend the comprehensive plan text or development regulations.
12.02.100 Appeals.
Appeals from a decision of the Kent city council shall be pursuant to Chapter 36.70A
RCW.
P:IPlanning12002 Comp Plan UpdatelRegulationslAttachC PH092704_CPZ2004-I.doc
•
. LU&PB Public Hearing September 27,2004
Supporting Regulation to 2004 Comprehensive Plan-CPZ-2004-1
Attachment—C
Page 7 of 7
45
ATTACHMENT "D"
Official Zoning Map Nomenclature
#CPZ-2004-1 Supporting Regulations to 2004 Comprehensive Plan
Introduction:
The City's Zoning District Map nomenclature for Garden Density Multifamily(MR-G) is
inconsistent with Kent City Code (KCC). Staff proposes to change the Zoning District
Map label for MR-G from Garden Density Multifamily to Low Density Multifamily.
Background:
Chapter 15.03 establishes the official Zoning Map. In this chapter, the various zoning
districts are named with abbreviations, defined, and the official zoning map adopted as
part of the title. The district regulations (Chapter 15.04) and other zoning chapters refer
to the various zoning districts. Throughout the zoning code MR-G is referred to as Low
Density Multifamily Residential. Nowhere in the Kent City Code is MR-G referred to as
Garden Density Multifamily. The discrepancy may have occurred in 1998 during the
extensive reformatting of,the Kent Zoning Code(Ordinance#3409 ൯).
Staff Recommendation:
Staff recommends amending the official Zoning Map legend from Garden Density
Multifamily to Low Density Multifamily and maintain the abbreviation MR-G.
P:IPlanning12002 Comp Plan Update6RegulationsL4ttachB_PH092704_CPZ-2004-I.doc
• LU&PB Public Hearing
September 27,2004
Supporting Regulation to 2004 Comprehensive Plan-CPZ-2004-1
Attachment—D
Page 1 of I
PLANNING& ECONOMIC DEVELOPMENT COMMITTEE MINUTES
OCTOBER 4,2004
COMMITTEE MEMBERS: Chair Tim Clark, Ron Harmon,Bruce White
The special meeting was called to order by Chair Clark at 4:00 P.M.
Approval of Minutes
Member White Moved and Member Harmon seconded a motion to approve the minutes of the
September 20, 2004 meeting. Motion Carried 3 to 0.
#ZCA-20024 Critical Areas Ordinance Update
Planner Kim Marousek described the proposed updates to the Critical Areas regulations. She stated
that the Growth Management Act (GMA) mandates that Kent along with other jurisdictions update
their Comprehensive Plans and Development Regulations.
Ms. Marousek stated that the Critical Areas Regulations govern and protect the functions and values
of wetlands, fish and wildlife conservation areas, geologic hazard areas, critical aquifer recharge
areas and frequently flooded areas; and preserve and enhance our natural resources. She stated that
staff has developed Critical Areas policies and regulations based on (BAS) Best Available Science
as mandated by the passage of a State law around 1995. Ms. Marousek stated that this update is to
be completed by December 1, 2004.
Ms. Marousek stated that Kent has hired consultants: Adolphson and Associates to analysis
wetlands, Geo-Engineers to analysis Kent's geologic hazard areas; Huckle, Weinman and
Associates along with MCS Environmental to evaluate Kent's fish and wildlife habitat conservation
areas. She stated that City staff completed a BAS analysis for critical aquifer recharge areas and
frequently flooded areas. Ms. Marousek referred to the draft ordinance to describe the buffers staff
has recommended along with the mitigation and protection measures that have been incorporated.
Ms. Marousek defined the 3-tiered wetland categorization system that staff proposes retaining and
described critical areas for the Committee's benefit. She stated that staff proposes increasing
existing buffer widths by 25 feet for each category based on recommendations from the BAS study.
Ms. Marousek described the new code section concerning "wildlife habitat areas" and how
regulations would be applied.
Ms. Marousek defined Hazard Area Regulations stating that they exist in the Kent City Code. She
stated that the City's proposed regulations are based on the State's definition of geologic hazard
areas, which are landslide, erosion, seismic and volcanic hazard areas. Ms. Marousek stated that the
proposed standard buffer area for landslide hazard areas is equal to the vertical height of the slope
or fifty feet whichever would be greater; although, there is a provision within the code to reduce the
buffer to a minimum of 25 feet based on an approved Geotechnical Report.
Ms. Marousek described the new Critical Aquifer Recharge Areas code section generally defined as
wellhead protection areas and defined by a ten-year travel time. She defined specific uses that
would be restricted or prohibited in these areas due to the potential to contaminate groundwater
resources and that would require further analysis to determine if Best Management Practices were
followed to protect groundwater resources.
Ms. Marousek stated that KCC Section 14.09 pertains to frequently flooded areas. She stated that
administrative clarifications have been made to this code section based on FEMA requirements.
Ms. Marousek discussed the proposed streams regulations with the committee describing those
areas as the East Hill or the Soos Creek area and the Valley Floor area consisting of Garrison, Mill
and Springbrook Creeks.
Ms. Marousek stated that the city adopted the Soos Creek standards as the east hill area was at the
time that area was annexed from King County. She stated that the valley creek areas were
established in the 1980s and defined as major and minor creeks with much of the valley built out
under those regulations with existing developments of 50 feet or less.
Ms. Marousek described the three-type stream system proposed and defined setbacks associated
with each stream type. She defined the Valley Stream Overlay depicting for the Committee where
existing fifty foot setbacks have been applied in the Valley and indicating how the area would look
by applying 100 foot setbacks. Ms. Marousek stated that staff created a Valley Stream Overlay as
part of the draft code, requiring a minimum fifty-foot vegetated setback to provide a higher function
in a smaller area. Ms. Marousek stated that there are options to reduce buffers based on buffer
averaging within the Stream, Wetland and Geologic Hazard sections of the code.
Ms. Marousek stated that the Wetland and Frequently Flooded areas are in KCC Chapters 11.05 and
14.09 and administered by Public Works. She stated that the Streams and Geologic Hazard Areas
are located in Kent's Zoning Code and administered by Planning Services. She stated that this
proposal consolidates these code sections into one section with the exception of the Frequently
Flooded areas section, which would remain in KCC 14.09 all to be administered by Public Works.
Ms. Marousek described the various criteria and reasonable use exception options added to the code
and defined the new nonconforming use section. Ms. Marousek responded to questions raised by
the Committee concerning buffering associated with nonconforming uses, grandfathering and
setback standards related to new development and rebuilding of existing structures.
City Attorney Tom Brubaker in concurrence with Kim Marousek clarified that under new
provisions, property owners terminate their rights to retain a nonconforming status for damaged
property if a one-year timeframe has expired, therefore would be required to remodel under any
new setback standards.
Ms. Marousek responded to questions raised by Member Clark concerning the application of
specific buffering standards, indicating that staff considered BAS along with balancing GMA goals.
She stated that over the long term, for the city to implement environmental mitigation measures,
plantings and habitat restoration, 100-foot buffers would be preferred.
Ms. Marousek responded to questions from Member White in regards to what areas of the city
would be affected by these new regulations and how they would relate to existing development.
Environmental Engineering Manager Bill Wolinski stated that City staff has characterized existing
King County streams regulations and has worked with Council and other agencies to retain King
County's protective standards of 100-foot buffers for salmonid streams at the time of annexation.
He stated that the citizenry and development community are accustomed to working with those
requirements.
Public Works Wellhead Engineer Kelly Peterson addressed questions raised by Member Harmon in
reference to wellhead protection. He described two types of wellhead protection areas defining the
standards by which these areas are identified as; either "modeling" or a process defined as "(CFR)
or Calculated Fixed Radius Method".
In response to Member Harmon's concerns, Mr. Wolinski stated that staff believes the provisions in
the ordinance are adequate for regulating appropriate uses within the wellhead protection areas and
that the City works closely with other jurisdictions to ensure these wellhead areas are protected.
Ms. Marousek responded to Member White's questions regarding the definition of ditches, stating
that they are not regulated. She addressed Member White's concerns as to who would be required
Planning&Economic Committee Meeting 10/4/04
Page 2 of 3
to pay for studies to determine whether salmonid exists within the new wildlife conservation areas
and defined ponds and how those ponds might be regulated for Member White's benefit.
Member White voiced concerns that buildable land areas would be reduced by increasing wetland
buffers and negates the purpose of the GMA in terms of creating denser development within the
Urban Growth Boundary. He stated that he is sensitive to property rights issues regarding
continued encroachment and taking of property questioning at what point the city runs afoul of the
constitutional prohibition against Kent regulating properties without just compensation.
Ms. Marousek stated that it is her understanding if the city denies all reasonable use of property
through a regulatory action, it is considered a "taking" and Kent City Code provides a number of
administrative means where someone could be flexible with this code. She stated that staff has
included a reasonable use provision in this code to avoid any "Takings" issues. Ms. Marousek
addressed Buildable Lands capacity issues as raised by Member White.
Wetland Biologist Ms. Teresa Vanderburg, Adolphson & Associates stated that wetlands
inherently provide certain functions such as wildlife habitat and water quality improvement and
values in flood storage and flood management. She stated that increasing Category 1 buffers from
100 to 125 feet might provide additional flood storage benefits and water quality preservation for
down stream waters; specifically waters connected to streams or ultimately flow to streams.
Ms. Vanderburg stated that the purpose of buffers is to protect functions and values according to the
requirement of GMA while balancing the ability to develop lands. She stated that if full protection
were provided for wetlands than the science alone would indicate that we need larger buffers which
are why the State's guidelines say that that buffers in excess of 200 to 300 feet should be provided
for wetlands. Ms. Vanderburg stated that it is not particularly practical in an urban area or •
necessary when you have roads or infrastructure that already lies within that buffer.
Ms. Vanderburg responded to questions raised by Member White concerning setbacks and flood
issues by stating that research derived from King County and the Puget Sound Storm Water
Program indicated that wetlands receive a lot of storm water and storm water management is
important in urban areas. She stated that part of the reason for a greater buffer is to protect this
storm water capacity and water quality functions of wetlands which are degraded in Puget Sound
because of urban development.
Member White stated that various levels of mitigation are employed to different development
projects questioning if alternatives were available to increase setbacks in terms of how the city
currently mitigates such development cases. Ms. Marousek stated that it is her believe that the city
has adopted additional programs so that buffers do not need to be increased beyond the 25 feet.
Bill Wolinski addressed Member Whites concerns with regard to the importance of adequate
wetland buffers and storm water control issues.
Member Harmon MOVED to approve ZCA-2002-4 as recommended by the Land Use and Planning
Board and forward the draft ordinance to City Council for consideration. Chair Clark seconded the
Motion with Member White opposed. Motion Carved 2 to 1.
Member Harmon encouraged staff to take a look at wetland banking as an option.
Chair Clark adjourned the meeting at 5:05 p.m.
Pamela Mottram, .
Admin. Secretary, Planning Services
SAPemutTlanTlanning Committ=\2004\Minu mNIC0404pc-min.doc
Planning&Economic Committee Meeting 10/4/04
Page 3 of 3
LAW DEPARTMENT a
44* Tom Brubaker, City Attorney
Phone: 253-856-5770
K EN T Fax: 253-856-6770
WASHINGTaN
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
November 9, 2004
To: Planning and Economic Development Committee
From: Tom Brubaker, City Attorney
Regarding: Sales Tax Streamlining—Comprehensive Plan Amendment
MOTION:
Recommend the City Council adopt the proposed resolution declaring an emergency to
amend the Kent Comprehensive Plan and directing City staff to reconsider the City's
designation as a Manufacturing/Industrial Center under the Growth Management Act
should the state Legislature enact a proposed Sales Tax Streamlining amendment.
SUMMARY:
The City's Capital Facilities Element establishes the City and the Green River Valley as one of
the few designated Regional Manufacturing/Industrial Growth Centers in Western Washington.
The City has developed transportation, utility, land use, and other capital facilities, at a cost in
excess of $100 million dollars that have successfully supported the growth and success of
warehouse, manufacturing, and distribution businesses that serve the Ports of Seattle and
Tacoma, the greater Seattle region, and the State of Washington in general. These businesses,
which are particular to the City of Kent and which the City has encouraged at the expense of
encouraging other types of retail and office businesses, generate sales tax revenue that the City
has, in turn, applied to support the infrastructure necessary to keep this manufacturing,
warehouse, and distribution economy vibrant and healthy. Moreover, Kent will have to spend
millions more to improve, operate, and maintain this infrastructure.
Current proposals that may be placed before the state Legislature in 2005 may radically alter
sales tax sourcing rules in the State of Washington. Current sales tax reallocation proposals
under discussion, according to state Department of Revenue forecasts, would reduce the City's
sales tax revenue by $3.3 million per year. Without this revenue, the City will no longer be able
to adequately fund its infrastructure needs or to appropriately provide the land use and
transportation services needed to continue to support this business sector, which the City has
endeavored to support for nearly three decades.
If the state Legislature enacts sales tax sourcing legislation that has the dramatic and detrimental
effect projected by the Department of Revenue, the City Council will need to reconsider whether
it can afford to continue to support this business sector. Land use changes may be required, and
the City may be forced to eliminate its designation as a Regional Manufacturing/Industrial
Center under the GMA. .
BUDGET IMPACT:
None.
S.'IPermitlPlanlCompPlanAmdmenls120041Sale TaxSlmamlining-CompPla AmendMotionSkdoc
t
The City's North Valley Industrial Area is an extremely important part of both the
City's and the region's economic and employment base, and 3.1 square miles of this
industrial area has been designated as a Manufacturing/Industrial Center.
C. The Puget Sound Regional Council (PSRC), in its 2020 Vision
statement, which again is consistent with GMA requirements, states that
"Manufacturing/Industrial Centers are major, existing regional employment areas of
intensive, concentrated manufacturing and industrial land uses which cannot be easily
mixed at higher densities with other uses." PSRC's Vision statement requires that, "to
preserve land at these centers for manufacturing, industry and related uses, large retail
uses or non-related offices are discouraged." Plus, the PRSC requires that cities with
these centers provide the necessary infrastructure to support them: "Provision of
adequate public facilities and services, including good access to the region's
transportation system, is very important to the success of manufacturing/industrial
centers."
D. King County, in its Countywide Planning Policies, states:
"Manufacturing/Industrial Employment Centers are key components of the regional
economy. These areas are characterized by a significant amount of manufacturing,
industrial, and advanced technology employment." The county makes special notation
that these centers "differ from other employment areas, such as business/office parks,
in that a land base and the segregation of major non-manufacturing uses are essential
elements of their operation."
E. Kent must provide the complex infrastructure to support these centers.
The county's Land Use Planning Policy LU-54 directs cities with these centers to
"design access to the Regional Manufacturing/Iridustrial Centers to facilitate the
mobility of employees by transit, and the mobility of goods by truck, rail or waterway
2 Sales Tax Streamlining-
Comprehensive Plan Amendment
as appropriate." Regional comprehensive plans shall include strategies to provide
capital improvement projects which support access for movement of goods."
F. Prior to the enactment of the GMA and in the nearly fifteen (15) year
time period that the Act has been in effect, the City has developed transportation,
utility, land use, and other capital facilities, at a cost in excess of one hundred million
dollars.
G. These capital infrastructure improvements have successfully supported
the growth and success of these warehouse, manufacturing, and distribution businesses
which serve the Ports of Seattle and Tacoma, the greater Seattle region, and the State
of Washington in general. These businesses, which are particular to the City of Kent
and which the City has encouraged at the expense of encouraging other types of retail
and office businesses, generate sales tax revenue that the City has, in turn, applied to
support the infrastructure necessary to keep this manufacturing, warehouse, and
distribution economy vibrant and healthy. Moreover, Kent will have to spend millions
more to improve, operate, and maintain this infrastructure.
H. Currently, the City projects that its sales tax revenue will represent
nearly one-fourth of the City's General Fund revenues for the 2005 fiscal year. The
City relies upon a portion of this revenue, together with its other revenue sources, to
maintain, repair, operate, and improve the entire infrastructure that supports this vital
economic engine in south Puget Sound.
I. Current proposals that may be placed before the state Legislature in
2005 may radically alter sales tax sourcing rules in the State of Washington. Should
the state Legislature enact destination based sales tax sourcing, commonly referred to
as "Streamlined Sales Tax," impacts to the City's revenue stream, and its concurrent
ability to support the manufacturing, warehousing, and distribution businesses in the
City, would be dramatically reduced. Current sales tax reallocation proposals under
3 Sales Tax Streamlining-
Comprehensive Plan Amendment
• discussion, according to state Department of Revenue forecasts, would reduce the
City's sales tax revenue by $3.3 million per year. Without this revenue, the City will
no longer be able to adequately fund its infrastructure needs or to appropriately provide
the land use and transportation services needed to continue to support this business
sector, which the City has endeavored to support for nearly three decades. As an
example, the City has constructed a number of much needed cross-valley road
corridors:
• 277`h Street Phase I Corridor Project at an approximate cost of
$32 million.
• Partnered with City of Auburn to construct 277`h Phase II
Corridor Project at an approximate cost of$32 million.
• 196`h Street Corridor Project at an approximate cost of $52
million.
• 228`h Street Corridor Project at an approximate cost of $30
million.
Each of these projects, together with many other City infrastructure improvements,
directly support and serve the City's Manufacturing/Industrial Center.
J. If the state Legislature enacts sales tax sourcing legislation that has the
dramatic and detrimental effect projected by the Department of Revenue to the City of
Kent, the City Council will need to reconsider whether it can afford to continue to
support this business sector. Land use changes may be required, and the City may be
forced to eliminate its designation as a Regional Manufacturing/Industrial Center under
the GMA.
K. As a result, it is both necessary and appropriate that this Council, as the
steward of taxpayer funds for the City of Kent, declare that, pursuant to Kent City
Code section 12.02.010, an emergency of community-wide significance exists.
Accordingly, and in order to continue to promote the public health, safety, and general
welfare of the citizens of Kent, this Council directs staff to prepare and consider a
Comprehensive Plan amendment, pursuant to the GMA, to remove the City's
• 4 Sales Tax Streamlining-
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designation as a Regional Manufacturing/Industrial Growth Center under the GMA
and to begin necessary review to redesignate land uses in the Green River Valley
consistent with an adjusted land use vision that appropriately responds to the revenues
generated from the amended sales tax sourcing legislation, should the state Legislature
enact legislation similar to the proposed"Streamlined Sales Tax"measure.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. - Recitals Incorporated. The foregoing recitals are incorporated
into this resolution.
SECTION 2. - Comprehensive Plan Amendment. Because of the dramatic and
imminent threat to the City's sales tax revenue and its concurrent impact on the City's
ability to support its Regional Manufacturing/Industrial Growth Center's economy, the
City Council finds that an emergency exists. Further, in order to preserve and promote
the public health, safety, and welfare, the City Council directs staff to begin the process
to amend the City's Comprehensive Plan to provide that, if the Legislature redistributes
sales tax sourcing in a manner that negatively impacts the City's sales tax revenue
stream, the City must in that event withdraw its designation as a Regional
Manufacturing/Industrial Center under the GMA and, concurrent with that withdrawal,
commence a process to revisit and redesignate land uses and the long term land use and
capital needs plan in the Green River Valley in the City of Kent.
SECTION 3. - Severability. If any section, subsection, paragraph, sentence,
clause or phrase of this resolution is declared unconstitutional or invalid for any
reason, such decision shall not affect the validity of the remaining portions of this
resolution.
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Comprehensive Plan Amendment
• SECTION 4. -Ratification. Any act consistent with the authority and prior to
the effective date of this resolution is hereby ratified and affirmed.
SECTION S. -g ective Date. This resolution shall take effect and be in force
immediately upon its passage.
PASSED at a regular open public meeting by the City Council of the City of
Kent,Washington,this day of November,2004.
CONCURRED in by the Mayor of the City of Kent this day of
November,2004.
JIM WHITE, MAYOR
•
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
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I hereby certify that this is a true and correct copy of Resolution No.
passed by the City Council of the City of Kent, Washington,the day of
November, 2004.
BRENDA JACOBER, CITY CLERK
S.Termil PlanlCompPlanAmdmentfl?004LStmmlinedSaie l"u-Rerolution.doc
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COMMUNITY DEVELOPMENT
Fred N. Satterstrom,AICP, Director
• PLANNING SERVICES
KE N T Charlene Anderson,AICP,Manager
W A s H I N G T o N Phone:253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent,WA 98032-5895
NOVEMBER 8,2004
TO: CHAIR TIM CLARK AND PLANNING& ECONOMIC DEVELOPMENT
COMMITTEE MEMBERS
FROM: CHARLENE ANDERSON,AICP, PLANNING MANAGER
THROUGH: MAYOR JIM WHITE
SUBJECT: NEIGHBORHOOD PLANNING/ACTIVITY CENTERS
MOTION: None required. For information only.
SUMMARY: In March, 2004 Planning Services staff introduced the 2004 work program to the
Planning & Economic Development Committee. The program included a review of Activity
Centers as they were defined in the Growth Management Act. After initial consideration of the
scope of the project, staff realized that Activity Centers and recommendations on Neighborhood
Planning efforts that were presented to the City Council in early 2000 should be combined into
one project.
BUDGET IMPACT: None •
BACKGROUND: In early 1999, the City Council identified target issues for 1999 and 2000.
One of the top priority issues was identified as a "neighborhood design strategy". This work
program identified articulating a vision for neighborhoods, and outlining the City's role in
achieving this vision.
Planning Services (then the Planning Department) developed an action plan in early 1999, which
identified working with an inter-departmental committee to develop a recommended framework
for this issue. The committee convened in September 1999 and worked through April 2000 to
discuss issues pertaining to neighborhoods in Kent. The committee was made up of
representatives from Administration, Fire Prevention, Parks, Planning, Police, and Public Works.
The Committee's recommendation included the following points:
1. "The City should be divided into several "communities", based largely upon existing Fire
Department service areas. The community boundaries also recognize other factors such
as census tracts, major streets, and general land use patterns. The communities will
include the entire potential annexation area (PAA). We recognize that within each
community there exist, or there is the potential to exist, several smaller neighborhoods."
2. "Each smaller community area will be focused around existing public facilities, such as
fire stations, elementary school, and other civic uses." •
3. "Existing neighborhood programs should be better coordinated within and between
departments, and should be re-examined based on these established districts. City staff
should also coordinate with the school districts on delivering services."