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HomeMy WebLinkAboutCity Council Committees - Planning and Economic Development Committee - 01/19/2005 Planning & Economic Development Committee Agenda KENT Councilmembers: Ron Harmon#Bruce White#Tim Clark,Chair WwSM N_y^r_QN SPECIAL MEETING & PUBLIC HEARING—January 19,2005 4:15 p.m. Item Description Action Speaker Time Page 1. Approval of the Minutes of 11/29/04 YES 1 2. Approval of the Minutes of 12/6/04. YES 3 3. #ZCA-2002-4 Proposed Critical Areas Ordinance. YES Kim Marousek 7 Testimony and comments are limited to proposed changes to the wetland buffer regulations. 4. (a)#CPA-2004-1 Downtown Strategic Action YES William Osborne 37 Plan Update,Comprehensive Plan&Zoning Amendments,and (b)#CPA-2004-4(A-D)2004 Annual Comprehensive Plan&Zoning Map Amendments. Testimony and comments are limited to proposed changes to the Lotto/Toppano application. Unless otherwise noted,the Planning and Economic Development Committee meets the 3"a 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 htW://www.ci.kent.wa.us/CityCouncil/conimittees/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. i This page intentionallk left blank. i 1 PLANNING& ECONOMIC DEVELOPMENT COMMITTEE MINUTES NOVEMBER 29,2004 C OMMITTEE MEMBERS: Chair Tim Clark,Ron Harmon,Bruce White The public hearing meeting was called to order by Chair Clark at 5:00 P.M. Approval of Minutes None Critical Areas Ordinance#ZCA-2004-4 Principal Planner Kim Marousek gave an overview of previous meetings and actions taken with regards to the Critical Areas Ordinance. She stated that the scope for this evening focuses on the issue of wetland buffers and specifically whether buffers could be reduced with enhancements. Ms.Marousek addressed questions raised by Chair Clark with respect to standard buffer widths. Ms. Marousek submitted letters for the record from: Master Builder's Association dated November I", from The Soos Creek Water and Sewer District on November 2"d, a letter from Oberto dated November 15, and a letter from the Washington Department of Ecology dated November 29. Chair Clark declared the public hearing open. Paul Morford,PO Box 6345, Kent,WA 98064 stated that buffer distances were not based on best available science and that by increasing buffers,housing prices will increase,urging the Committee to leave the buffers as is. Floyd Erford, 11909 SE 248'h St., Kent, WA suggested that the City consider taking 25 feet of everyone's land rather then targeting a few people. Joe Schuler, 28014 West Valley Highway, Kent, WA stated that the City created two ponds on his property located on Frontage Road and 441h Street. Chair Clark suggested that Kim Marousek speak with him as his property is not inside Kent's boundaries. Bill Applegate, 24520 112'h Ave SE, Kent,WA cited examples of why aquifers are not protected. John Welch, 11405 SE 196'h,Kent,WA described his buffer issues,voicing opposition to an additional 25 foot buffer. Bill Dinsdale, 13700 SE 266'h, Kent, WA stated that widening buffers will affect several of his properties citing an estimated financial impact on one piece of property at between $750,000 and$1.1 million dollars. He stated that the city would lose $30,000 dollars the first year in revenue with mitigation and permit fees and a $3,000 per year loss in taxes. He suggested that,the city appoint a citizen's advisory council to make changes to the buffer in one year rather then now. Mr. Kim Hargesheimer, 21626 107'h St. E, Buckley, WA stated that he manages the Oberto Sausage Company at 7060 S 238`h speaking on behalf of Art and Dorothy Oberto. He stated that their consideration to expand Oberto, employing an additional 45 people would be prohibitive with new regulations and could force them to move business to Oregon. Tom Sharp, PO Box 918, Maple Valley, WA opined that a major problem would be loss of economic opportunity and suggested applying the PUD ordinance to properties less than five acres in size to allow people more opportunity to develop. Garrett Hoffman, South King County Manager, Master Builders Association submitted a letter to the record introduced as Exhibit A. He stated that he was not confident the city and staff considered the GMA criteria of BAS. Mr. Hoffman stated that he wants to see the city's documentation justifying what they want to do. Chair Clark countered that the City hired consultants to meet BAS. Sam Pace, Seattle King County Assoc of Realtors, 29839 1541h Ave. SE, Kent, WA 98042 submitted a power point presentation and exhibit for the record. He spoke about buffer balancing, focusing on the structure of the GMA and presented a buffer related case of W.E.A.N.vs.Island County. Ms. Frankie Keyes, 10216 SE 2671h St, Kent, WA stated that by increasing the buffers people are losing their property rights and in effect is the city's way of taking private property. Richard Robohm, Washington State Dept of Ecology,Northwest Regional Office stated that one GMA goal requires that BAS be used to protect critical areas functions and values. He stated that the city's draft proposal is at the low end of the range of BAS, the classification system that provides a basis for establishing buffers is out of date, and compensation ratios are half of what they need to be with regard to the loss of filling wetlands and mitigation project failures. Gary Volchok, 16400 SouthCenter Parkway, Suite 100, Seattle, WA 98188 gave a power point presentation focused on wetlands on a specific property. He stated that he owns two acres of property that would see a reduction in the developable portion with an increase in buffering. He stated that his original property value was $549,000 and now the value would be $223,000. Alan Keimig, 216 A. St. NW, Auburn, WA stated that buffering should not be considered on set criteria rather on an individual parcel bases per BAS. Gary Young, Polygon NW, 11624 SE 51h St., Suite 200, Bellevue, WA questioned what the City would gain by extending buffers an additional 25 feet across the board in the three categories, stating that the cost is greater than the gain. He urged the Committee to take a year to reconsider their decision before taking action. 2 Randy Reber,28519 136`h Ave. Sl�, Kent, WA stated that his family owns 46 acres. He stated that increased buftenng will reduce his lot usage near Soosl tte Creek. Mr. Reber questioned the incentive to keep property with the continual erosion of property values while still paying taxes on unused land. Theresa Dusek, Barghausen Consulting Engineers, 18215 72"d Avenue S., Kent, WA stated that she works wit developers and cities. Ms.Dusek o6ined on buffer averaging versus buffer reduction,questioning if existing buffers of 25 feet or less cause degradation of wetland functions and values. She stated that an across the board increase buffer of 25 feet needs to be questioned. Ms. Marousek and Ms. Lizzie Zeipke, wetland consultant with Adolfson & Associates addressed some of the concerns raised as part of the testimony including how BAS was incorporated into the Critical Areas Ordinance for Kent. Ms. Marousek stated that staff has looked at the Growth Management Goals with respect to the valley floor area and the stream regulations that were brought forward. Richard Weinman, Huckle, Weinman and Associates addressed comments made by a couple speakers with regard to the W.E.A.N. decision, Division 1 of the Court of Appeals on June 7, 2004. He explained that while the W.E.A.N. decision was decided recently it dogs not add more new information to the case law. The consultant team and staff have been conscious throughout this process of the need to balance GMA goals and have been doing the same throughout the process. The balancing of goals is What has resulted in the proposed buffers being on the lower end of the best available science range. Weinman explained Ithat the Court in W.E.A.N. did not justify a departure from beset available science in that case,rather the discussion of balancing GMA goals was a general statement,dicta,not a basis for the decision. Assistant City Attorney, Kim Adams Pratt stated that the Legal Department concurs with Mr. Weinman's assessment of the W.E.A.N. case. It is not neiv information and the City's consultants and staff have been balancing GMA goals throughout the process. The Court in W.E.A.N. is not saying that RCW 36.70A.172 can be disregarded, which provides that best available science shall be Included in developing policies and regulations to protect the functions and values of critical areas. The Court emphasize¢l that"this means all functions and values." Deborah Ranniger, City Council 'Member commented on Mr. Sharp's suggestion to revisit the PUD concept, on the economic cost to the city versus thl incremental gain achieved by adding an additional 25 feet of wetland buffer and on changing wetland criteria stating thalt the city should consider delaying a decision. Ms. Marousek stated that the GMA mandate is December 1, 2004. She stated that the city has not prepared a detailed cost analysis of impacts to citizens.;However, there is a cost to the city if the critical areas environment is not protecte Ms. Marousek stated that the existing 3-tier classification system was acceptable to the city and when our consultant looked at changing to the 4-tiered system, it wasn't much more beneficial. Richard Weinman stated that if e city does not adopt the Critical Areas Ordinance by December 1, 2004, it will technically be out of compliance wiM the GMA and the City will not be eligible for many State grants. Chair Clark declared the Public Hewing Closed. Chair Clark MOVED and Bruce White SECONDED to approve the proposed Critical Areas Ordinance, ZCA-2002-4 as recommended by the Land Use Planning Board with the amendments recommended by staff related to the wetland buffers and forward the ordinance to the Ci*Council for their decision. Committee Member White suggested that the City enlist a company like Polygon to tell the city how a current regulation development has been degraded,voking his opposition to move forward with these new regulations. Member Harmon suggested the formation of an Ad-Hoc Committee for the duration of 60 to 90 days, to assist staff with forming a compromise acceptable to.all parties,and then move it on to Council. Community Development Director,)Fred Satterstrom stated that staff and consultants have been cognizant of how this ordinance will effect land development. Mr. Satterstrom suggested that a meeting be held with the Full Council if the Committee does not recommend this ordinance and wishes to depart from Best Available Science. Chair Clark stated that the City is r$quired by law under the GMA to move forward with a Critical Areas Ordinance and by not complying the City could stiffer severe consequences including ending up in court. He stated that postponing a decision does a disservice to the conhmunity and city. Chair Clark called for the vote. Motion failed 2 to 1 with Members Harmon and White Opposed. Mr. Satterstrom suggested setting up a workshop with Full Council. Adiournment Chair Clark adjourned the meeting at 7:17 p.m. Pamela Mottram, Admin Secretary,Planning Services. I Planning&Economic Development Committee Meeting)t 1/29/04 S:1Pennit\Plan\Planning Committee\2004\Mmutes\I 12904pc-min.doc Page 2 of 2 3 PLANNING& ECONOMIC DEVELOPMENT COMMITTEE MINUTES DECEMBER 6,2004 7—Themspecial MITTEE MEMBERS: Chair Tim Clark,Ron Harmon,Bruce White meeting was called to order by Chair Clark at 4:00 P.M. Approval of Minutes Committee Member White Moved and Committee Member Harmon Seconded a motion to approve the minutes of the November 15,2004 meeting. Motion Carried 3-0. Annual 2004 Comprehensive Plan &Zoning May Amendments#CPA-2004-4(A-D)/#CPZ-2004(3-6) Chris Ferko, Barghausen Engineers, 18215 72"d Ave.S,Kent,WA 98032 proposed amending their Lotto proposal to include a conditional restriction prohibiting development of gasoline service stations on the subject site and requesting a conversion of the Single Family zoned two acre parcel to NCC in order that a use be developed to best serve the community. Mr.Ferko urged the Committee to consider forwarding to the Council a recommendation for approval of this application. Russell Hanscom, 9523 S 2371h Place, Kent, WA, as executive director of Arbor Village, an 89 apartment retirement home and assisted living community, spoke on behalf of the residents in stating that they support an increase in zoning to four acres and a commercial development for the subject site with regard to the Lotto Amendment. Planner Bill Osborne stated that this year's four comprehensive plan amendment proposals need to be considered together with the DSAP update as part of the annual comprehensive plan amendment cycle. Mr. Osborne described each of the four comprehensive plan amendment application proposals; stating that the Land Use and Planning Board is recommending: Approval of the Millenium Kangley Building Amendment proposal for Mixed Use Comprehensive Plan designation and Office/Mixed Use Zoning District designation; Approval of the Kent Office Building Amendment proposal; Denial of the Lotto/Toppano Amendment proposal; and Denial Without Prejudice of the Muth Amendment proposal. Mr. Osborne submitted a letter from Chris Ferko with Barghausen for the record. Mr. Osborne spoke about staff s concerns with development standards for NCC zoning and special permitted uses. Mr. Osborne addressed questions raised by the Committee Members with respect to the Millenium-Kangley Building amendment proposal located on 110h Avenue Southeast. Community Development Director Fred Satterstrom addressed Member Clark's questions with respect to alternative plan or zoning designations for the subject site. Mr. Osborne stated that the applicant submitted a revision request subsequent to his initial application submittal requesting a change in the Comprehensive Plan Designation to Mixed Use and a Zoning Designation change to Office/Mixed-Use; Staff and the Land Use and Planning Board are recommending Approval of the revised application. Mr. Osborne addressed questions raised by Member White with respect to the development rights issue related to the Muth Amendment and staffs recommendation of Denial without Prejudice. In response to an inquiry by Member White, Assistant City Attorney Kim Adams Pratt stated her office is of the opinion that once King County acts on this property, the applicant would not have to wait to resubmit this proposal with the annual comprehensive plan updates in September 2005 because the Kent City Council can declare an emergency to look at issues considered to be of community wide significance outside of the annual Comprehensive Plan cycle. It appears this application could be of community-wide significance because of the City's interest in the Johnson Creek improvements. She stated that the Legal staff believes it premature to approve this amendment until King County makes a decision concerning this site. L n MOVED and White SECONDED a Motion to accept the letter submitted from Chris Ferko with ausen Engineers and the literature on the Downtown Strategic Action Plan for the record. Motion IED. Mr. Satterstrom addressed questions raised by the Committee with regard to the Lotto/Toppano proposal, citing staff s rationale for their recommendation for this year's proposal. Steve Mullen, Transportation Engineering Manager spoke to the Committee's concerns with respect to traffic flow and access issues;for the Lotto/Toppano proposal. Mr. Satterstrom addressed Member White's concerns with respect to what uses could be developed if the site were increased to four acres ;with the exclusion of service stations. He cited durable business type of retail uses, convenience type of cjommercial uses, personal and professional services would be allowed. Mr. Satterstrom addressed Mcmb4 White's concerns with respect to how the City will work with the developer to diminish impacts to suffo ding single family developments. Member Harmon MOVED 4nd Member White SECONDED a Motion to accept the Land Use Planning Board's recommendation of Approval with reference to Proposal A- Millenium Kangley Building Amendment. Motion CARRIED. Member Harmon MOVED ad Member White SECONDED a Motion to accept the Land Use and Planning Board's recommendation d Approval for Proposal B — Kent Office Building Amendment. Motion CARRIED. Member Harmon MOVED Od Member Clark SECONDED a Motion to accept the Land Use and Planning Board's recommendation of Denial for Proposal C-Lotto/Toppano Amendment. Motion CARRIED 2 to 1 with White opposed. Member Harmon MOVED a> d Member Clark SECONDED a Motion to accept the Land Use and Planning Board's recommendation 4 Denial without Prejudice for Proposal D-Muth Amendment. Motion CARRIED. Member Harmon MOVED axed Member White SECONDED a Motion to approve the recommendation of the Land Use and Planning Board regarding the four Applications of the 2004 Annual Comprehensive Plan and Zoning Map Amendments and direct the City Attorney to prepare the necessary ordinance. Motion CARRIED 2 to 1 with White opposed. #CPA-2004-1 Downtown St ate is Action Plan Update Osborne submitted two exhi its for the record; a letter from Fred High with Kent School District regarding enrollment impacts on ten acres of multifamily zoning and a letter submitted December 6 from Joseph Blattner with Tarragon addressed to the Planning and Economic Development Committee supporting DCE zoning north of James. Member Harmon MOVED and Member White SECONDED a Motion to accept the exhibits to the record. Motiob CARRIED. Mr. Osborne stated that he would like the Committee to include Attachment F, a list of downtown projects from 1998 — 2009 as part of their motion. He stated that the Land Use and Planning Board recommends approving the Downtown Stgategic Action Plan document dated November 8, 2004, Attachment B-List of Figures,approve the figures themselves and accepting substantive changes to two maps. Mr. Osborne described that zoning code text amendments include applying Downtown Design Review to all districts, including the North Frame District; eliminating minimum lot size requirement for multifamily residential in all DSAP distOcts; raising surface parking cap to 4.5 spaces per 1,000 s.f. non-residential in East and West Frame Districts with the requirement of 25%residential component of overall gross floor area and inclusion of a 2-year sunset clause to re-evaluate. Bruce Anderson, Bellevue, 'WA stated that he wishes to pursue a retail development project on a viable commercial site located in the West Frame District that will complement the Kent Station and that this site would not be conducive to residential development due to its proximity to the freeway and railroad tracks. Planning&Economic Committee Meeting 12/6/04 Page 2 of 3 i 5 Fred High, Assistant Superintendent of Kent School District, 12033 SE 256'" St., Kent, WA and Tal Guppy,Principal of the Neely O'Brien Elementary School, 6300 S 236`t', Kent,WA described the effects that more multifamily residential development would have on the school district. Mr. Guppy stated that it has been the school district's consensus that multifamily residential creates financial impacts for the district. Mr.High submitted a letter for the record. Mr. Guppy responded to questions raised by Member Harmon with respect to how the school has worked with transitional students so that they can continue their education in the school without interruption. He stated that the district employs a family advocate who supports those families and introduces them to community resources. Member Harmon MOVED and Member White SECONDED a motion to adopt the letter submitted by Mr. High,Assistant Superintendent of the Kent School District for the record. Motion CARRIED 3-0. Mr. Osborne and Mr. Satterstrom addressed questions raised by the Committee with respect to the 4.5 parking spaces cap with the 25% residential component, the 2-year sunset clause and redevelopment versus new development opportunities in both the East and West Frame Districts. Member Harmon stated that he favors the removal of the 25% residential development requirement with a 2-year sunset clause from the West Frame District with Member White concurring adding that he would support removal of this requirement from the East Frame District as well. Member Harmon proposed amending the MR-G to MR-T 16 north of James,with Member White concurring. Member Harmon MOVED and Member White SECONDED a Motion for Item #5 to change MR-G from Cloudy to 5`"and north of Cloudy between 4 b and 5a'to MR-T16. Motion CARRIED 2 -1 with Chair Clark opposed. Member Harmon MOVED and Member White SECONDED a Motion for Item#6C to raise surface parking cap to 4.5 spaces per 1,000 s.f. non-residential in the East and West Frame Districts and applying the 25% residential component of overall gross floor area only to the East Frame District, exempting the West Frame District. Motion CARRIED 2 to 1 with Chair Clark opposed. Member Harmon MOVED and Member White SECONDED a Motion to approve the modifications of the Downtown Strategic Action Plan Update and implementing regulations as recommended by the Land Use and Planning Board to include replacement of Figure IV-3 with Attachment F-Downtown Projects 1998- 2009, to include the previously stated modifications under Items 5 and 6-C, and direct the City Attorney to prepare the necessary ordinance. Motion CARRIED 3-0. Chair Clark clarified that these items will go before Council in January. CPA-2004-5 Urban Density Study Planning Manager Charlene Anderson stated that a resolution is needed declaring an emergency to pursue revisions of the Comprehensive Plan outside of the annual comprehensive plan amendment cycle to ensure compliance with regard to density in Urban Growth areas. Member White MOVED and Member Harmon SECONDED a Motion to approve a resolution declaring an emergency to pursue revisions of the comprehensive plan to ensure compliance with Chapter 36.70A RCW regarding density in an urban growth area. Motion CARRIED 3-0. Adjournment Chair Clark adjourned the meeting at 5:20 pm Pamela Mottram, Admin Secretary,Planning Services S_IPermilOanOanning Cammiltee12004Winutes 120604pc-min.dac Planning&Economic Committee Meeting 12/6/04 Page 3 of 3 i This page intentionally left blank. i 7 COMMUNITY DEVELOPMENT Fred N. Satterstrom,AICP,Director • PLANNING SERVICES KE N T Charlene Anderson,AICP,Manager 'WASH IN G T O" Phone:253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent,WA 98032-5895 January 13, 2005 TO: CHAIR TIM CLARK AND PLANNING&ECONOMIC DEVELOPMENT COMMITTEE MEMBERS FROM: KIM MAROUSEK,AICP,PRINCIPAL PLANNER SUBJECT: ZONING CODE AMENDMENT #ZCA-2002-4 PROPOSED CRITICAL AREAS ORDINANCE MOTION: I move to approve/deny/modify the proposed Critical Areas Ordinance (ZCA- 2002-4) as recommended by the Land Use & Planning Board and as further amended by [Option 1/Option 2] related to wetland buffers, and forward the ordinance to the City Council for adoption. SUMMARY: On November 29, 2004 the P&ED Committee held a public hearing on revisions to the proposed wetland buffer regulations of the draft CAO, (further identified as Option 1). These proposed revisions primarily provided for administrative reductions of wetland buffers under certain circumstances. As revised by this option, the draft CAO was not passed out of committee. On January 5, 2005 staff met with the City Council during a workshop to determine the direction Council wished to take and whether there were other options the Council would like considered. Council directed staff to evaluate a new option that would retain the wetland buffers which currently exist in code. This is further identified as Option 2. Since the scope of discussions and further hearings have been limited to wetland buffers, the balance of the draft CAO ordinance previously presented to Council at the November 2, 2004 Council meeting, has remained unchanged. Therefore, the scope of the public hearing on January 29, 2005 will be limited to the wetland buffer discussion. BUDGET IMPACT: None OPTIONS: Option 1: This consists of the draft CAO as recommended by the Land Use and Planning Board and as further modified relative to wetland buffers as presented at the November 29, 2004 P&ED Committee public hearing. Those portions of the draft CAO that were modified by Option 1 are attached to this memo for further clarification. i Option 2: This consits of the draft CAO as recommended by the Land Use and Planning Board and further modifiled to reflect the wetland buffers currently codified. Those portions of the draft CAO that are modified by Option 2 are also attached to this memo. Based on the analysis provided to staff from the City's consultants,retaining the existing wetland buffers, (Option 2), would represent a departure from Best Available Science (BAS). WAC 365- 195-915 defines a process should a jurisdiction opt to depart from BAS when adopting regulations for the protection of critical areas. This section states, A county or citydeparting from science-based recommendations should: (i)Identify the information in the record that supports its decision to depart from science-based recommendations; (ii)Explain its rationale for departing from science-based recommendations; and (iii)Identify pot�ntial risks to the functions and values of the critical area or areas at issue and any kdditional measures chosen to limit such risks. State Environmental I olicy Act(SEPA)review often provides an opportunity to establish and pu$lish the record of this assessment. The city's consultant had evaluated the potential risks to the functions and values of wetlands should Option 2 be recommended. That analysis necessitated a revised SEPA addendum be issued. That document is!attached to this memo for Council's further review. As discussed as the January 4, 2005 workshop, should the Council choose to adopt critical area regulations that depart from BAS, the record will need to reflect how the City Council chose to balance the applicable G1MA goals. To assist Council with that process, I have attached to this memo a portion of the recently updated Comprehensive Plan that outlines Kent's Planning Goals relative to the 13 goals evressed in the GMA. In December, documents lwere received by the city from our wetland consultant. This material, which has been verba4 summarized to the council, has been identified as Exhibit #24 "Supplement to wetland 1)AS document,"and has been copied to the Council's file. Staff and the City's wetland consultant will be available at the January 19, 2004 P&ED Committee hearing to further discuss these options and to answer any questions. KM/pm SAPermitlPlanIZONECODE.�MEND120021CAO12023123-CAOmemoPCl-19-05.doc Enc: Revised SEPA Addendum,,January 12,2005 Revised draft CAO,Optioni 1 Revised draft CAO,OptioN 2 Kent Planning Goals,2004!Comprehensive Plan January 12,2005 memo from Adolfson Cc: City Council Members Fred Satterstrom, AICP,C0 Director Tom Bmbaker,City Attom�y Larry Blanchard,PW Director Gary Gill,City Engineer Charlene Anderson,AICP,PS Manager Bill Wolinski,Environmental Engineering Manager Kelly Peterson,Environmental Engineering Project File Planning&Economic Dev.Speciai Committee Meeting 1/19/05 9 COMMUNITY DEVELOPMENT Fred N. Satterstrom,AICP, Director PLANNING SERVICES Charlene Anderson,AICP,Manager Phone:253-856-5454 KEN T Fax: 253-866-6454 WA3XIXOTOX Address: 220 Fourth Avenue S. Kent,WA 98032-5895 CITY OF KENT ADDENDUM TO THE CITY OF KENT COMPREHENSIVE PLAN EIS ADDENDUM(#ENV-93.51)DATED SEPTEMBER 3,2004 CRITICAL AREAS ORDINANCE UPDATE Responsible Official: Kim Marousek SCOPE On September 3, 2004, the City of Kent in accordance with WAC 197-11, adopted the its Comprehensive Plan EIS (#ENV-93-51) and completed an addendum to that document for proposed development regulations to designate and protect critical areas in conformance with the requirements of the Growth Management Act(GMA). The update consolidates and revises regulations that are currently dispersed in multiple chapters and sections of the Kent Municipal Code, and adds regulations for additional critical areas. This document, which supplements that addendum, provides additional analysis specifically related to proposed wetland buffers. The analysis provided under the September 3, 2004 addendum evaluated wetland buffers for category 1, 2 and 3 wetlands at 125 feet, 75 feet and 50 feet,respectively (identified as Option 1). This supplemental analysis evaluates wetland buffers for category 1, 2 and 3 wetlands at 100 feet, 50 feet and 25 feet, respectively (identified as Option 2). Option 2 reflects Kent's existing wetland buffer regulations. All other elements of the proposed critical area regulations evaluated under the September 3, 2004 addendum remain unchanged and therefore do not necessitate further environmental review. BACKGROUND The Growth Management Act(GMA)establishes a framework for local planning to manage growth. The GMA's planning goals identify key concerns(e.g.reducing sprawl,protecting the environment,providing services and facilities cost-effectively, involving citizens in decisions,etc.)that must be addressed in local plans. The GMA also requires that local jurisdictions adopt development regulations to implement the policies of their Comprehensive Plans. More specifically, the GMA requires that jurisdictions adopt regulations to protect critical areas and to review and amend these regulations as necessary when they revise their comprehensive plans or development regulations (RCW 36.70A.060(2) & (3)). The City of Kent is updating its critical areas regulations to meet this requirement, and to include the "best available science"in its regulations as required by RCW 36.70A.172. RISKS TO WETLAND FUNCTIONS AND VALUES Retention of existing wetland buffers within the city of Kent (Option 2) would be considered a departure from Best Available Science (BAS). Pursuant to WAC 365-195-915, if a jurisdiction elects to adopt critical area regulations that depart from BAS, then that jurisdiction should identify potential risks to the functions and values of that resource as well as identify potential mitigation measures to reduce that risk. Generally, Kent has approximately 2,000 acres of inventoried wetlands within the city limits and future annexation area. These wetlands range from 310 acres to less than 1 acre in size and contain a variety of functions and values. There are roughly 16 wetlands that have potentially been identified as category 1 wetlands. Those larger, more complex wetlands are associated with Big Soos Creek, Soosette Creek, i 1 ENV-2003-26 City of Kent Critical Areas Ordin nce Comprehensive Plan EIS—Addendum January 12,2005 Clark Lake, Upper Mill Creek, Lake Fenwick, the Green River Natural Resource Enhancement Area, Mullen Slough and Johnson Creek. A number of these highly valued wetlands are currently within public ownership. Kent's wetlands provide protection for water quality, waterfowl habitat_and salmonid habitat associated with Soosette,Big Soos Crelek and the Green River,and flood management within the city. Potential long term risks\i4acts to the wetland resource with Option 2 could include: • Degradation of habitat for wetland related wildlife species and birds(including amphibians); • Degradation of habitat tolprotect salmonids along riparian wetlands; • Continued water quality degradation in wetlands due to increased inputs of fine sediments from urban development; • Continued degradation of identified water quality problems as documented on the state 303d list in areas with associated ripairian wetlands; • Continued pollutant loading in wetlands,particularly in category 2 and 3 wetlands;and • A reduction in stormwater and floodwater capacity in wetlands receiving sediment loading over time. These risks reflect a continpation of existing wetland regulations and would not create new or different impacts. i POTENTIAL MITIGATION MEASURES Additional measures that c ld limit the risks to wetland resources could include other citywide actions or programs to protect wetlan jf inctions and values on a landscape level,such as: • Use of more stringent*er quality protection measures during stormwater design to specifically protect wetland resources; • Reduction of thresholdsi for when stormwater management is required on sites that contain wetlands; • Maintenance of the 15-Foot building setback area in grass or lawn to provide biofiltration outside of the wetland buffer; • Enhancement of all existing wetland buffers on sites pending development action; • Requirements for stewardship plans designed to protect wetland resources in agricultural areas adjacent to or in wetlands; • Use of low impact development strategies(such as stormwater infiltration,etc.)that reduce the impact of urban development on wetland resources; • Purchase of highly sensitive or high quality wetland areas and their buffers by the City as open space through increased stormwater utility fees or other funding;or • Use of voluntary conservation easements or other mechanisms by the City to set-aside natural areas containing significant Wetlands. DECISION This supplement to the EI$ Addendum dated September 3, 2004 adds additional analysis but does not substantially change the analysis of significant impacts found in the original EIS prepared for the City of Kent Comprehensive Plan(#ENV-93-51). The Comprehensive Plan EIS,Addendum and this supplement to that addendum, adequa(ely evaluates any potential adverse environmental impacts. Therefore, a separate threshold determination is not required. As part of a phased approach, subsequent site-specific development proposals will be required to show consistency with appropriate environmental regulations as well as the proposed Critical Areas Ordinance. i Dated: January 12,2005 Signature: Kim M sek,AICP,Responsible Official KM:jm%NS:Tmnil\Plan\ZONEC DEAMENIN2002\CAO\CAOaddendum(R).doc Page 2 of 2 11 OPTION 1—Wetland Buffers CAO Update Sec. 11.06.600. Wetland buffers and building setback lines. A. Standard buffer widths. Wetland buffer zones shall be required for all regulated activities adjacent to wetlands. Any wetland created, restored, or enhanced as compensation for approved wetland alterations shall also include the standard buffer required for the category of the created,restored, or enhanced wetland. All buffers shall be measured from the wetland boundary as surveyed in the field. The width of the wetland buffer zone shall be determined according to the rating assigned to the wetland. Wetland Category Standard Buffer 1 125 feet 2 75 feet 3 50 feet B. cnhan�ea buffer width Buffer utilization ,for landscape requirements... Enhanced wetland buffers may be used to satisfy landscaping requirements where the city determines that the buffer, as enhanced by the applicant, will provide greater protection of wetland functions, and will serve the same function and dimensional requirements as landscaping that would otherwise be required pursuant to Ch. 15.07 KCC. Approved landscaping vegetation must meet wetland buffer vegetation requirements. C. Increased buffer widths. The director may require increased buffer widths on a case-by-case basis when a larger buffer is necessary to protect wetland functions and values based on local conditions in accordance with recommendations of a qualified professional biologist and best available science (BAS). This determination shall be supported by appropriate documentation showing that it is reasonably related to protection of the functions and values of the wetland. The documentation must demonstrate that: 1. A larger buffer is necessary to protect the function and values of the wetland; a i 1 I OPTION 1—Wetland Buffers CAO Update �. A larger buffer is necessary to maintain a viable population of existing kpecies; 3. The wetland is used by species listed by the federal government or the state as endangered, threatened, sensitive or documented priority species Or habitats, or essential or outstanding potential habitats for those species or has unusual nesting or resting sites such as heron rookeries or raptor nesting trees; 4. The adjacent land is susceptible to severe erosion and erosion control measures will not effectively prevent adverse wetland impacts; or 5;. The adjacent land has minimal vegetation cover or slopes greater than fift$en(15)percent. D. !Decreased or averaged buffer widths. Buffer widths may be decreased or averaged if an applicant receives approval as provided in this subsection. An applicant may request either (1) buffer alveraging, or (2) buffer reduction with enhancement. A combination of these two buffer modification methods shall not be used. 1. Buffer averaging. Standard wetland buffers may be modified by averaging buffer widths. Wetland buffer width averaging shall be allowed only wh$re the applicant demonstrates all of the following: a. Averaging will provide the necessary biological, chemical and phy$ical support necessary to protect the wetland in question, taking into acc�unt the type, intensity, scale, landscaping and the location of the proposed land use. b. The wetland contains variations in sensitivity due to existing physical characteristics which justify the averaging. C. The proposal minimizes disturbances caused by land uses in areas 4djacent to any buffers which are reduced. d. Averaging will not adversely impact the wetland functional values. i i 13 OPTION 1—Wetland Buffers • CAO Update e. The total area contained within the wetland buffer after averaging is no less than that contained within the standard buffer prior to averaging. In no instance shall the buffers for Category 2 wetlands be reduced to less than 50 feet in width and for Category 1 wetlands less than 85 feet in width. Buffer averaging shall not be permitted for Category 3 wetlands. f. In areas where deereased--reduced buffers occur through buffer averaging, the director or designee shall have the ability to require an applicant to submit and receive approval of a wetland buffer enhancement plan to ensure wetland buffer functions are maintained. g. The functions and values of the averaged buffer are consistent with BAS; the buffer is planted or will be planted with native vegetation; and no portion of the buffer averaged areas contain slopes that are ° onsidered to be erosion or landslide hazard areas pursuant to this code. 2. Decreased buffers with enhancement: Standard wetland buffer widths may be reduced through buffer enhancement for degraded buffers only. The applicant shall demonstrate that through enhancing the entire remaining degraded buffer area, the reduced buffer will function at a higher level than the standard buffer thereby protecting the wetland from adjacent development. Buffers may be reduced in the following manner according to wetland type: Wetland Category Maximum Buffer Resulting Buffer Reduction Width 1 10 percent 112 feet 2 15 percent 64 feet 3 20 ercent 40 feet a3. Decisional Criteria. Prior to approval of a decreased or averaged—buffer, a development application shall meet all of the decisional criteria listed below. A decreased or modified buffer will be approved in a degraded wetland buffer only if: 1 OPTION 1—Wetland Buffers CAO Update ai. It will provide an overall improvement in water quality protection for the wetland; hii. It will not adversely affect fish or wildlife species and will provide an overall enhancement to fish and wildlife habitat; eiii. It will provide a net improvement in drainage and/or storm water detention capabilities; div. All exposed areas are stabilized with native vegetation, as appropriate; lev. It will not lead to unstable earth conditions or create an erosion)hazard; and Ai. It will not be materially detrimental to any other real property or the City as a whole. 4bf Buffer enhancement plan. A request to decrease or modify a buffer shall include a buffer enhancement plan prepared by a qualified professional. The plan shall assess the habitat, water quality, ;storm water detention, ground water recharge, shoreline protection, and erosion protection functions of the buffer; assess the effects of the proposed decreased or modified buffer on those functionp; and address the six (6) criteria listed in this subsection 3a. above. The buffer enhancement plan shall also provide the following: (a) a map locating the specific area of enhancement; (b) a planting;plan that uses native plant species indigenous to this region including groundcover, shrubs, and trees; and (c) provisions for monitoring and maintenance throughout the monitoring period. E. Buff4 condition. Except as otherwise specified otherwise, wetland buffers :shall be retained in their natural condition. Where buffer disturbance has occurred during construction, re-vegetation with native • 15 OPTION 1—Wetland Buffers CAO Update vegetation shall be required pursuant to an approved mitigation plan consistent with this code. F. Permitted uses in a wetland buffer. Activities shall not be allowed in a buffer except for the following and then only when properly mitigated: 1. When the improvements are part of an approved enhancement, restoration or mitigation plan. 2. For construction of new public roads and utilities, and accessory structures, when no practicable alternative location exists. 3. Construction of foot trails, according to the following criteria: a.Constructed of permeable materials. b.Designed to minimize impact on the stream system. c.Of a maximum width of eight(8) feet. d.Located within the outer half of the buffer, i.e., the portion of the buffer that is farther away from the stream, except to cross a stream when approved by the City and all other applicable agencies. 4. Construction of footbridges and boardwalks. 5. Construction of educational facilities, such as viewing platforms and informational signs. 6. The construction of outdoor recreation such as fishing piers, boat launches,benches. 7. Maintenance of pre-existing facilities or temporary uses having minimal adverse impacts on buffers and no adverse impacts on wetlands. These may include but are not limited to: maintenance of existing drainage facilities, low intensity passive recreational activities such as pervious trails, nonpermanent wildlife watching blinds, short term scientific or educational activities, and sports fishing. 8. Stormwater discharge outlets with energy dissipation structures as approved by the city of Kent. These shall be located near the outside portion of the buffer. Mitigation shall be required for impacts to the buffer. 9. On-going maintenance activities by the city of Kent vegetation management division of public works and parks department shall be 16 OPTION 1—Wetland Buffers CAO Update permitted to continue general maintenance of wetlands and associated buffers. Maintenance shall include but not be limited to trash removal, removal of non-native vegetation, maintenance of existing vegetation as necessar�,restoration, enhancement and sign and fence maintenance. G. Build�ng setback lines. A minimum building setback line of fifteen (15) feet shall be required from the edge of a wetland buffer unless otherwise approved by the director. Alterations of the building setback lines shall not be permitted to create additional lots for subdivisions, but only to make reasonabpe use of existing properties. Approval of alterations of the BSBL shall be provided in writing by the director, or his/her designee, and may require lmitigation such as buffer enhancement. Section 11.06.227. Degraded wetland buffer. Degraded wetland buffer means a buffer area which cannot adequately protect its adiacent wetland cue to one or more of the followingexisting xistingconditions: 1) lack of vegetative cover oh presence of bare soils (resulting from disturbance, fill, debris, or trash): 2) s g c»ni�f a�1t cover(over fifty percent) in non-native vegetative, 3) significant cover(over fifty Vl rcent) in invasive species or noxious weeds: or 4)presence of existing non-conforming structures or improvements. i S:\Permit\Plan\zonecodeOmend\2002\CAO\11.06.600optionl.doc i i ! i 17 OPTION 2—Wetland Buffers • CAO Update Sec. 11.06.600. Wetland buffers and building setback lines. A. Standard buffer widths. Wetland buffer zones shall be required for all regulated activities adjacent to wetlands. Any wetland created, restored, or enhanced as compensation for approved wetland alterations shall also include the standard buffer required for the category of the created, restored, or enhanced wetland. All buffers shalt be measured from the wetland boundary as surveyed in the field. The width of the wetland buffer zone shall be determined according to the rating assigned to the wetland. Wetland Category Standard Buffer 1 12�5-100 feet 2 7-5-50feet 3 -59-25feet B. En ,.ne a r of r wit*' Buffer utilization for landscape requirements..- Enhanced wetland buffers may be used to satisfy landscaping requirements where the city determines that the buffer, as enhanced by the applicant, will provide greater protection of wetland functions, and will serve the same function and dimensional requirements as landscaping that would otherwise be required pursuant to Ch. 15.07 KCC. Approved landscaping vegetation must meet wetland buffer vegetation requirements. C. Increased buffer widths. The director may require increased buffer widths on a case-by-case basis when a larger buffer is necessary to protect wetland functions and values based on local conditions in accordance with recommendations of a qualified professional biologist and best available science (BAS). This determination shall be supported by appropriate documentation showing that it is reasonably related to protection of the functions and values of the wetland. The documentation must demonstrate that: 1. A larger buffer is necessary to protect the function and values of the wetland; 1 OPTION 2—Wetland Buffers CAO Update i Z. A larger buffer is necessary to maintain a viable population of existing species; . The wetland is used by species listed by the federal government or the spate as endangered, threatened, sensitive or documented priority species or habitats, or essential or outstanding potential habitats for those species or has unusual nesting or resting sites such as heron rookeries or raptor nesting trees; 4. The adjacent land is susceptible to severe erosion and erosion control measures will not effectively prevent adverse wetland impacts; or 51. The adjacent land has minimal vegetation cover or slopes greater than fiftoen(15)percent. Deerea$ed-er-aiwr--aged-�rferwidM& Buunf'er widths may p;ovideo in this subseetien. request either(1) ouixcx cfvcxasxns, o:—Tz7 aaxxcx reda6c}en \Vlcl3 �v eambination of these twe buff edifiemi etheds shalt of be 1. Buffer averaging. Standard wetland buffers may be modified by i averaging buffer widths. Wetland buffer width averaging shall be allowed only whore the applicant demonstrates all of the following: a. Averaging will provide the necessary biological, chemical and physical support necessary to protect the wetland in question, taking into account the type, intensity, scale, landscaping and the location of the proposeo land use. b. The, wetland contains variations in sensitivity due to existing physical characteristics which justify the averaging. C. The proposal minimizes disturbances caused by land uses in areas odjacent to any buffers which are reduced. d. Averaging will not adversely impact the wetland functional values. r t9 OPTION 2—Wetland Buffers CAO Update e. The total area contained within the wetland buffer after averaging is no less than that contained within the standard buffer prior to averaging. In no instance shall the buffers for Category 2 wetlands be reduced to less than 34-25 feet in width and for Category 1 wetlands less than 85 feet in width. Buffer averaging shall not be permitted for Category 3 wetlands. f. In areas where reduced buffers occur through buffer averaging, the director or designee shall have the ability to require an applicant to submit and receive approval of a wetland buffer enhancement plan to ensure wetland buffer functions are maintained. g. The functions and values of the averaged buffer are consistent with BAS; the buffer is planted or will be planted with native vegetation; and no portion of the buffer averaged areas contain slopes that are gfeater tha-a 100 .considered to be erosion or landslide hazard areas pursuant to this code. 2. Besreaqed a€er, with en"haneernent: Standard wetland buffer- widths amy he reduced tl„-ough h„FF r «he«eement f r degraded buffers only. The a ffheant shell de...e«..tr.,te th.,t th rough enhe«eing the degraded buffer, the reduced h„ff r y.411 F„„etie« at ., higher level ♦h.,., the st.an,l.,r,l buffer thereby preteeting the , .etlan 111�,31r1 1{i from adjaeen4 development. Buffefs eked inthe fellowing manner-according to wetland t„«e. Ix.ZeAla..lGp D ol.,,lt„ IZ ifYicr R—e r w4dth Feet 2 64€eet 3 4A-feet 3. Deeisienal Eriteria. Prior to appYe., deer-eased E) averaged h„FF a ,le„ele,.meat plieetien shall meet all of the deeisien l er;ter:e listed- hele,,. A deer-easedor- et-jA4 e.i buff r will 2 OPTION 2-Wetland Buffers CAO Update will •a ll 4 tef 1:4.; - !a t S'f iaa�io�iae�cir�ivcicncn-miprv'r'csicFrLZir'w`ircGz�"'a'$rrcJ Yaeteetion for the J - -it will not adversely aFC et fish o wildlife speeies n will „ .:,lea fall enhaneeme„t to fish and. wildl f hab Oat. will yrv�auc. , ie. It will provide t�P t ' drainage a/ « SCTV"IQC-LCTIeZ GITIGLIL�II-CR'CCILfCC G-CCII I i Id. All-e esed ekTRiJtabiI zed'VLth'IIAtiCTve—V CeiU4e«f as appfoor-iate'.. le. It .NI-ill net lead to unstable ea«th a nditions or eate a ' ft will not he .«.atef:all.w detFifneatal to a other real pr�..eft.;e«the City as whole y..aL,,.,a va< hu ffeO shall ifielude a btiffer- ..ha..eemeat plan prepfed by qualified professional. The plan shall assess the heibiteA, water ..teetio and ; C : f h buffer-; e pr-eteet . et e the «; the oFF ets wF the proposed ,leer-eased or e, i-flea l h..FF« on 4h..se ft et:.,4; and ad fens the a .. (6) ef:tef;a listed in t l.his s.. seet;e« 3 k�.,e The buffer- enha..ee...e..4 plan shall also prowide the enhancement; „la..t:..g!pla., 4at uses native pla.,4 apeeies .digeneus to this f i meniteri�g and main4enanee dffeugheut the monitoring period-. E. Buffe# condition. Except as otherwise specified otherwise, wetland buffers ishall be retained in their natural condition. Where buffer disturbance has occurred during construction, re-vegetation with native i • 21 OPTION 2—Wetland Buffers CAO Update vegetation shall be required pursuant to an approved mitigation plan consistent with this code. F. Permitted uses in a wetland buffer. Activities shall not be allowed in a buffer except for the following and then only when properly mitigated: 1. When the improvements are part of an approved enhancement, restoration or mitigation plan. 2. For construction of new public roads and utilities, and accessory structures, when no practicable alternative location exists. 3. Construction of foot trails, according to the following criteria: a.Constructed of permeable materials. b.Designed to minimize impact on the stream system. c.Of a maximum width of eight(8)feet. d.Located within the outer half of the buffer, i.e., the portion of the buffer that is farther away from the stream, except to cross a stream when approved by the City and all other applicable agencies. 4. Construction of footbridges and boardwalks. 5. Construction of educational facilities, such as viewing platforms and informational signs. 6. The construction of outdoor recreation such as fishing piers, boat launches,benches. 7. Maintenance of pre-existing facilities or temporary uses having minimal adverse impacts on buffers and no adverse impacts on wetlands. These may include but are not limited to: maintenance of existing drainage facilities, low intensity passive recreational activities such as pervious trails, nonpermanent wildlife watching blinds, short term scientific or educational activities, and sports fishing. 8. Stormwater discharge outlets with energy dissipation structures as approved by the city of Kent. These shall be located near the outside portion of the buffer. Mitigation shall be required for impacts to the buffer. 9. On-going maintenance activities by the city of Kent vegetation management division of public works and parks department shall be 2 OPTION 2—Wetland Buffers CAO Update permitted to continue general maintenance of wetlands and associated buffers. Maintenance shall include but not be limited to trash removal, removal of non-native vegetation, maintenance of existing vegetation as necessary,restoration, enhancement and sign and fence maintenance. G. Building setback lines. A minimum building setback line of fifteen (15) feet shall be required from the edge of a wetland buffer unless otherwise approved by the director. Alterations of the building setback lines shall not be permitted to create additional lots for subdivisions, but only to make reasonable use of existing properties. Approval of alterations of the BSBL shall be provided in writing by the director, or his/her designee, and may require rhitigation such as buffer enhancement. eever(ever fi_fv_§§,jer-eet#) in inva!' Okieus weeds� or 4)or-esenee f S:\Permit\Plan\zonecodolamend\2002\CAO\11.06.600option2.doc i 23 CITY OF KENT 2004 Comprehensive Place bxh'bit# Rec.d6q - -05 Pt?f DG Lae CitY off Ka�9`8oartt-- KENT PLANNING GOALS In September 1992, the Kent City Council adopted framework planning goals for the City. These goals were reviewed by the Planning Commission(this body has since been functionally replaced by the Land Use and Planning Board), and City Council concurrent with their review of the Countywide Planning Policies. The Human Services Commission also reviewed the planning goals related to human services. The goals were developed to be consistent with the State planning goals in the Growth Management Act,the Countywide Planning Policies,and the results of the Kent Community Forum and Visual Preference Survey. In adopting the goals (Resolution 1325), the Council stated that they were to be used as the policy framework for the preparation of the Comprehensive Plan. The Kent planning goals are organized to be as consistent as possible with the goals outlined in the Growth Management Act. There are some issues,such as human services and urban design, for which the GMA does not outline specific goals. However, these are important local issues, and planning goals related to these issues also were adopted by the Council. These goals, therefore,also have been used extensively in the preparation of the Comprehensive Plan. The planning goals are listed as follows,by subject matter: Framework Policies 3-5 CITY OF KENT 2004 Comprehensive P._,- 2 Urban Growth 1. A future growth and development pattern shall be encouraged which minimizes urban sprawl. In partikular, the conversion of undeveloped land not presently in the City into low-density urba> development shall be discouraged 2. The City's Urban Growth Area boundary shall be coordinated with King County and surrounding jurisdictions, and will reflect the regional growth vision as expressed in VISION 2020, the subsequent Destination 2030 transportation plan update and the Countywide Planning Policies. The Urban Growth Area shall provide enough land to accommodate at I least twenty years of residential, commercial, and industrial growth, and will represent the City's future annexation area. 3. Growth should cVcur first in areas already served by public infrastructure,particularly roads, water, and;,sewer systems. 4. Areas shall be designated within the City's planning area for medium- to high-density development, in order to preserve existing neighborhoods and open space areas and enhance transit opportunities. S. Mixed-use development shall be encouraged in designated areas within the planning area. 6 Kent shall maintain the designation of its Urban Center within which Center- appropriate land,, uses, employment, housing infrastructure, and transit improvements shall be concentrated. 7. The City and neiighborhood groups shall cooperatively develop neighborhood plans addressing land#{se, mobility,parks, safety, and public facilities and services to foster a stronger sense of community identity and citizen participation throughout Kent. Transportation 1. The City shall develop a safe transportation network which promotes a variety of mobility options, kncluding private automobile,public transit, bicycling, and walking. 2. The City shall continue to support public transit, including expanded Sounder commuter rail service. Tr4sit service shall be focussed in designated medium- and high-density centers within the City. 3. The City shall promote and encourage programs which reduce the impact of traffic congestion. 4. The City's translortadon system shall be coordinated with the State of Washington, METRO, King unty, and all surrounding jurisdictions. The City's transportation planning will reflect regional priorities as established in VISION 2020, in Destination 2030, and the Coirrttywide Planning Policies. Framework Policies 3-6 I CITY OF KENT 2004 Comprehensive Public Facilities 1. The provision of public facilities shall be closely coordinated with the Comprehensive Plan. Emphasis for extension and improvement of public facilities will be placed in those areas of the City designated for medium-and high-density development. 2. Development shall not occur in areas unless there are public facilities and services in place or planned which are adequate to accommodate that development. Level-of- service standanis should be established for public facilities which ensure the adequacy of services while at the same time facilitating the land use goals of the Comprehensive Plan. 3. Provision of public facilities shall be phased in 6-10 year increments. The initial phase shall focus on providing and enhancing service to areas which are already urbanized. 4. Public facilities planning shall be coordinated with adjacent jurisdictions and special districts. Within the City's designated annexation area, as time and conditions warrant, the City may assume urban services which are presently provided by special districts. Housing 1. Preserve, maintain, and improve the City's existing single-family and multifamily residential neighborhoods. 2. Guide new residential development into areas where the needed services and facilities are available, and in a manner which is compatible with existing neighborhoods. 3. Encourage an adequate and balanced supply of safe housing units offering a diversity of size, densities, age, style and cost. Assure that opportunities for a diversity of housing is available to all income levels. 4. Ensure environmental quality in residential areas. S. Ensure housing opportunities for persons with special needs, such as senior citizens, the homeless, mentally and developmentally disabled, and low- and moderate-income persons and families. 6. Encourage residential development in designated medium-and high-density commercial and mixed-use areas. 7. Ensure opportunities for affonlable housing in close proximity to employment, public transportation,and human services. Framework Policies 3-7 CITY OF KENT 2004 Comprehensive pi_.. 26 Urban Design 1. The City shall develop an urban design strategy which reflects the desired community vision, its environmental and historical setting, and which maintains and enhances the livability, vitality dmd identity of the community. 2. Through development of an urban design strategy, the City shall ensure that the Comprehensive flan, implementing policies, and development regulations reflect the desired visions of the citizens of Kent. 3. The urban design strategy shall communicate the desired visions on a citywide as well as a neighborhood scale. i 4. The City shall uti�ize visual images to better communicate City goals to the development community and the public. S. The City shall p►vpnote citizen awareness of urban design issues. Human Services 1. The City shall ►maintain and enhance the quality of life for all citizens through the provision and support of effective and accessible human services. 2. The City shall incorporate consideration of the social and human development needs of its citizens in all areas of physical planning. 3. The City shall continue its commitment to human services by allocating funding, staff, and other resour+co to address the needs of its residents. 4. The City shall en*re the fairest distribution and most effective use of its human services resources, consistent with adopted priorities and criteria. S. The City shall maintain information on current community human service needs and available resources. 6. The City shall support the long-term stability and viability of the community based human services sylstem. 7. The City shall tale an active role in regional and sub-regional human services issues and form partnerships to effectively address human service needs. 8. The City shall educate the community and promote awareness of human service needs. 9. The City shall proW de for the full spectrum of human services needs through the support of programs that oddness emergency needs,preventative services, and life enhancement services; Framework Policies 3-8 27 CITY OF KENT 2004 Comprehensivt . w,* 10. The City shall promote and support human services which are culturally relevant and physically accessible to all populations. Economic Development 1. An adequate supply of land shall be designated for commercial and industrial development to accommodate at least the next twenty(20)years ofgrowth. 2. Additional qfflce and retail development shall be encouraged,particularly in designated centers which can be served by transit. 3. Public infrastructure, transportation, and transit service enhancements shall be utilized to focus economic development in designated medium and high-density areas. Natural Resource Industries 1. The City shall ensure the support of productive agricultural land through regulation. 2. Lands designated for long-term commercial agricultural use shall not be considered for urban development. 3. The City shall discourage incompatible land uses adjacent to agricultural lands. 4. The City shall maintain agricultural support land uses to ensure nearby agricultural resource lands are sustained. Open Space And Recreation 1. The City shall preserve and enhance significant open space, including environmentally sensitive areas such as wetlands,fish and wildlife habitat, areas prone to flooding or geological hazards, and stream corridors. The City shall also preserve and maintain its active and passive recreational areas, cultural resource areas, scenic vistas, and areas which serve as physical or visual bu-Qers. 2. The City shall inventory its significant open spaces and develop a comprehensive management plan for those spaces. 3. The City shall seek to acquire open spaces that contribute to the preservation and enhancement of regional eco-systems. 4. The City shall identify and designate open space corridors that will connect and protect environmentally sensitive areas, viewsheds, designated recreational corridors, or other areas where a contiguous system would provide greater benefit than a series of isolated areas. 5. The City shall regularly update its Comprehensive Park Plan for use as a tool in inventorying and planning current and future active and passive recreational open spaces; Framework Policies 3-9 2 CITY OF KENT 2004 Comprehensive Plan Historic Preservatio4 1. Kent's cultural,p�ysical, and environmental heritage shall be preserved and protected. i 2. Buildings having(historic significance shall be preserved. Enhancement and renovation of historic buildirkgs shall be encouraged, using appropriate methodologies that do not threaten the statu*of historical character. Environment 1. The City shall protect and enhance the natural environment, including critical areas, endangered species habitat,air and water quality and aquifer recharge. I 2. The City shall ensure that its land use and transportation policies protect the City's critical areas, entangered species habitat, air and water quality. 3. The City shall develop and implement a comprehensive water quality plan that will protect and restore riparian habitat and water quality and aquifer recharge. 4. The City shall participate in regional plans and programs to protect and restore regional air quality, water quality and aquifer recharge areas. S. The City shall de{elop a comprehensive water resources plan that will ensure adequate supplies of water within the next twenty years. 6. The City shall use the best available science (BAS) when considering and implementing measures to prot4ct and enhance the natural environmental functions of critical areas and habitat. 7. The City shall entourage the development of large scale natural resource enhancement sites and program4s that provide multi-species and multi functional values. Property Rights 1. Private property sjhall not be taken for public use without just compensation. 2. The property righi of landowners shall be protected from arbitrary and discriminatory actions. 3. In developing po*ies,plans and regulations, the City shall minimize impacts on private property rights, w�en feasible and consistent with the public's interest. 4. The City shall protect the rights of private property owners from arbitrary and discriminatory actions while continuing to make land use and zoning decisions which regulate the use of land to promote the public health, safety and general welfare of the citizens ofxent Framework Policies. 3-10 CITY OF KENT 2004 Comprehensive _ ._29 • Permits 1. The City shall process permit applications in a fair and timely manner, while ensuring that the public's health,safety and welfare are not compromised. 2. The City shall allocate adequate resources to the permit review process. 3. The City shall establish and utilize policies and procedures for permit review, in order to ensure that the review process is consistent and predictable. Community Involvement 1. The City shall provide for public participation in the development and amendment of the Comprehensive Plan and regulations and policies implementing such plans. CONCLUSION While these goals discuss a wide range of issues, they represent a cohesive and comprehensive set of planning and policy goals which have been used in preparing the Comprehensive Plan. City Council adoption of these goals has helped ensure that elements within the Comprehensive Plan are consistent with one another, and that the City's local planning goals are consistent with state and regional growth management planning policies. i Framework Policies 3-11 3 i This page intentionally left blank. i i 31 00 00", �d MEMORANDUM LAN v • o e L r a e r DATE: January 12,2005 .�iwiranrnenrd So"rw TO: Kim Marousek, Sr. Planner Tom Brubaker, City Attorney FROM: Teresa Vanderburg, Director of Natural Sciences CC: Kelly Peterson, Environmental Planner RE: Risks to Wetland Functions and Values from Retaining Existing Wetland Buffers, City of Kent,Washington Adolfson Associates,Inc. (Adolfson)is pleased to provide this memorandum to the City of Kent (City)to assist in the City's critical areas ordinance update. The 1995 amendment to the Growth Management Act(GMA)requires that cities and counties in Washington include"best available science"when developing their critical areas policies and regulations. Further, protection of all . the"functions and values" of critical areas, including wetlands,is required as a mandate under the GMA. Adolfson provides this memorandum for consideration by the City Council in evaluating the scientific information used during review of the wetland regulations in the City's update of its Critical Areas Ordinance(CAO). The purpose of this memorandum is to outline the risks to the functions and values of wetlands as critical areas resulting from retaining the current buffer widths outlined in the existing CAO with respect to the"best available science" documented in the record. Wetlands in the City of Kent The City of Kent contains wetland resources unique to its local setting within the Green River Valley and the Soos Creek Drainage basin. Approximately 2,000 acres of wetland are mapped within the City and its urban growth area. A total of 336 wetlands were identified in the City by Shannon&Wilson (2001). These wetlands ranged in size from large wetlands (310 acres)to small(less than an acre). Sixteen of these wetlands were ranked higher in function and value and considered potentially Category 1 wetlands in the inventory. Higher value wetlands are associated with Big Soos Creek, Soosette Creek,Clark Lake,Upper Mill Creek,Lake Fenwick, the Green River Natural Resource Area, Mullen Slough, and Johnson Creek, among others. Due to their position in the landscape, wetlands in the City of Kent are particularly important for protection of water quality, waterfowl habitat and salmonid habitat associated with Soosette,Big Soos Creek and the Green River,and flood management within the City. Several of the largest wetlands and highest value wetlands are held in public ownership within City parks such as the Green River Natural Resource Area, Lake Fenwick Park, and Clark Lake Park. ADOLFSON ASSOCIATES,INC. 5309 Shilshole Avenue NW,Suite 200 Seattle,WA 98107 Tel 206 789 9658 www.adolfson.Com Fax 206 789 9684 3 City of Kent Memorandum January 12,2005 Page 2 i I Function of Wetland Buffers in Kent Based upon the type of wMands in the City, there are specific wetland functions that should be considered when determiiing appropriate buffets for the long-term protection of these natural resources. Specific to Kent, there is a particular need to provide fish and wildlife habitat protection,water quality protection through the removal of sediments and pollutants, and flood management. These specjfic functions,relative to the urbanizing environment in Kent, call for wetland buffers that are gteater than those currently adopted in Code. Therefore, retaining Kent's existing wetland b(tffers (100 feet, 50 feet and 25 feet for category 1, 2,and 3 wetlands, respectively) would be a departure from the recommendations found in the "best available science"to maintain habit t, water quality, and flood management functions specific to Kent's local environmental circustances. i Results of Scientific Research on Wetland Protection and Buffers In order to determine the Vpropriate range of buffer widths for wetlands in the City of Kent, we have relied upon the greator body of scientific information, including the Washington State Department of Ecology, Freshwater Wetlands in Washington State, Volume 1—A Synthesis of the Science(Sheldon et al.j August 2003). That analysis was then reviewed in light of the local conditions that exist in Kett. In urban areas, the scientific literature recognizes a general range of appropriate wetland buffers from 50 to 300 feet,depending upon the function evaluated. According to the scientific research, Castelle et al. (1992)recommended a range of 49 feet to 98 Ig feet for minimal wetland protection. Desbonnet recommends wetland buffer widths of approximately 98 feet(mi imum)to 164 feet(maximum)for high intensity lands uses, such as urban development. McKllan(2000) and Ecology(2004)recommend a case-by-case approach tailored to the specific wetland and its adjacent land use intensity. For urban areas, minimum buffer widths of 50 feet to �00 feet are recommended by Ecology for low to high value wetlands (2004). In order to arrive at a reconhmendation for a specific jurisdiction, it is necessary to interpret that documentation in light of soecific local resources, existing degradation and water quality problems, the intensity of current and future land uses,and resource protection needs. Adolfson evaluated the scientific literature and, working with planning staff,developed recommendations for minimum protection of j vetlands through use of buffers. Adolfson recommended thajt standard wetland buffers be no smaller than 50 feet wide based upon this review. Although effective in removal of coarse sediments and marginally effective in nutrient removal such as nitrogen and phosphorus, buffers less than 50 feet were not effective for removal of fine sediments(pr protection of wetland wildlife habitat(Desbonnet et al., 1994). Ecology's publicationWetl4nd Buffers: Use and Effectiveness(pub.#92-010)concludes that buffers less than 50 feet in �idth are generally ineffective for protection of most wetland functions (Castelle et al., 19,92). j i - 33 city o►Kent Memorandum January 12,2005 Page 3 While the literature recognizes a minimum buffer of 50 feet to protect many wetland functions,a larger buffer is necessary to protect wildlife habitat and remove fine sediments, among other functions. The Department of Ecology recommends that wetlands supporting important habitat for waterfowl and wildlife, such as Category I and II wetlands (according to the State's wetland rating system)be protected with buffers of 100 feet or wider. Retaining a 50-foot buffer on Category 2 wetlands in the City of Kent provides less than adequate protection for many wildlife species according to the scientific literature. The buffer area closest to the wetland provides the highest degree of function in most cases; therefore, as buffer widths increase above 100 to 150 feet, a decreasing amount of extra protection is provided.Larger buffers (from approximately 100 to 150 feet) are considered effective in providing large woody debris, shading,habitat for certain birds, and water quality improvement. Even larger buffers (from approximately 200 feet or wider) are necessary for providing habitat for certain species of wildlife and removal of fine sediments. Buffer needs vary significantly for wetland-related wildlife species in the scientific literature. For example, buffer widths of 50 feet were considered minimum protection for certain bird species (Milligan 1985)while amphibians in King County Washington are documented to use uplands as far away as 1,640 feet from the wetland(Richter and Azous, 2001). Because of the habitat potential and other functions associated with Kent's Category 1 wetlands,retention of the existing 100-foot setback would not provide adequate protection in many cases. Risks to Wetiand Resources from Existing Buffers In the existing City of Kent wetland regulations,wetland buffers are 100, 50 and 25 feet for Category 1,2 and 3 wetlands,respectively. Based upon the scientific record and the wetlands located in the City of Kent,Adolfson and planning staff recommended that wetland buffers be increased a minimum of 25 feet for each category of wetland. These recommendations were based on an evaluation that many of the wetlands in Kent are of a high quality and maintaining functions and values of habitat protection, water quality and flood management would benefit from increased buffers based upon the scientific literature. These recommendations recognize the science, which establishes that 50 feet is the minimum buffer able to protect most wetland functions and that even larger buffers are necessary to protect wetland water quality and wildlife functions and values. Risks to the functions and values of wetlands may result from continued use of the City's existing wetland buffers. The potential risks include: • Degradation of habitat for wetland-related wildlife species and birds (including amphibians); • Degradation of riparian wetlands that protect salmonids and their habitat; • Continued water quality degradation in wetlands due to increased inputs of fine sediments from urban development; • Continued pollutant loading in wetlands,particularly Category 2 and 3 wetlands; and • A reduction in stormwater and floodwater storage capacity in wetlands receiving sediment loading over time; and • Continued water quality degradation in streams within the City of Kent, which are already documented on the State 303d list of impaired waters. 3 Gty of Kent Memorandum January 12,2005 Page 4 Should the City Council dhoose to retain the existing wetland buffers,risks to wetland resources, as described above,could)occur over time in the City. In our professional opinion, use of the existing buffers would be!considered a departure from the"best available science"for Category 2 and 3 wetlands,and could be considered a departure for Category 1 wetlands in the City of Kent,particularly for water quality improvement and wildlife habitat functions. Therefore, retaining the existing wetland buffers should be documented as a departure from the science. The risks to wetland resources should be offset by use of other programs or other measures as outlined below to protect the City's wetland resources. Departures from the Befit Available Science Should the City Council choose to retain the existing wetland buffer widths, the rationale for its decision should be documented in the record as per WAC 365-195-915. Any non-scientific information used(including legal, social,cultural,economic and political information) as a basis for critical area policies and regulations that depart from recommendations from the best available science must be documented. The record should identify potential risks to functions and values resulting from the decision-making. The record must also demonstrate the use of any "additional measures"chosen to limit such risks in the City. Additional measures for the Council to consider that limit the risks to wetland resources could include other citywide actiins or programs to protect wetland functions and values on a landscape level, such as: • Use of more stringent water quality protection measures during stormwater design to specifically protect Wetland resources; • Reduction of threshblds for when stormwater management is required on sites that contain wetlands; i • Maintenance of the 15-foot building setback area in grass or lawn to provide biofiltration outside of the wetland buffer in new developments; • Enhancement of all existing wetland buffers on sites pending development action; • Requirements for stt wardship plans designed to protect wetland resources in agricultural areas adjacent to or in wetlands; • Use of low impact development strategies(such as stotrwater infiltration, etc.) that reduce the impact of urban development on wetland resources; • Purchase of highly sjensitive or high quality wetland areas and their buffers by the City as open space through increased stormwater utility fees or other funding; or • Use of voluntary conservation easements or other mechanisms by the City to set-aside natural areas contaitling significant wetlands i 35 City of Kent Memorandum January 1Z 2005 Page 5 References Cited Castelle,A.J.,C. Conolly,M. Emers,E.D. Metz, S. Meyer,M. Witter, S.S. Cooke,D. Sheldon, and D.Dole, 1992a. Wetland Buffers: Use and Effectiveness. Adolfson Associates,Inc. for Shorelands and Coastal Zone Management Program. Wash. Department of Ecology., Olympia,Wash. City of Kent. 2004. Geographic Information System data. Kent Public Works Department. Desbonnet,A.,P.Pogue,V.Lee,and N.Wolff. 1994. Vegetated Buffers in the Coastal Zone. Coastal Resources Center,Rhode Island Sea Grant,Univ.of Rhode Island. McMillan, A. 2000. The science of wetland buffers and its implications for the management of wetlands. Master's Thesis. The Evergreen State College. Richter and Azous. 2001. Amphibian Distribution,Abundance, and Habitat Use In Wetlands and Urbanization: Implications for the Future.,Azous and Horner,Lewis Publishers, Boca Raton,Florida. 2001. Shannon &Wilson,Inc. April 2001. City of Kent Wetland Inventory, Kent,Washington. 7 pp., plus 338 inventory data sheets. Sheldon,D.,T. Hruby,P. Johnson,K. Harper, A. McMillan,S. Stanley,and E. Stockdale. 2003. Draft Freshwater Wetlands in Washington State, Volume 1: A Synthesis of the Science. Washington Department of Ecology Publication#03-06-016,Olympia,WA. i 3 This page intentionally left blank. i i 37 COMMUNITY DEVELOPMENT Fred N. Satterstrom,AICP,Director • PLANNING SERVICES T Charlene Anderson,AICP,Manager R L N W AS H IN O T O N Phone:253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent,WA 98032-5895 January 13, 2005 To: Chair Tim Clark and Planning&Economic Development Committee Members From: William Osborne,Long Range Planner Regarding: A. Downtown Strategic Action Plan Update#CPA-2004-1 and B. Proposed 2004 Comprehensive Plan and Zoning Map Amendments #CPA-2004-4(A-D)/#CPZ-2004(3-6) MOTION: Approve/Deny/Modify the recommendations of the Land Use & Planning Board regarding 1) the Downtown Strategic Action Plan Update, including implementing Comprehensive Plan and Zoning Map and Text amendments, as modified by the Planning & Economic Development Committee on December 6, 2004, and 2) the four applications for 2004 Annual Comprehensive Plan and Zoning Map amendments; and direct the City Attorney to prepare the necessary ordinances. SUMMARY: At the January 4, 2005 public meeting, the City Council requested additional analysis specifically regarding the Lotto/Toppano Comprehensive Plan Amendment proposal (CPA-2004- 4(C)/CPZ-2004-5), for the property located at 11644 Southeast 240`h Street. The three(3) issues raised by the Council for specific consideration were: • Three (3) acres of Neighborhood Convenience Commercial (NCC) Zoning at the site, rather than four(4) acres as proposed in the original application; Provision of a buffer of indeterminate distance between an expanded commercial zone and the adjacent single-family residential zone; and Use of design review (regulations and process) to control for negative aesthetic and land use impacts. As a point of reference, the Downtown Strategic Action Plan Update, including Comprehensive Plan and Zoning Map and Text amendments, and the four applications for 2004 Annual Comprehensive Plan and Zoning Map amendments together represent the allowable 2004 annual update and should be considered and decided together by the Council. At the December 6`h special meeting, the Planning & Economic Development Committee unanimously recommended approval of a modified Board recommendation on the DSAP update and implementation and unanimously recommended approval of all but the Lotto/Toppano 2004 Annual amendment (2:1 vote). Reference the December 20, 2004 staff memos in the January 4 Council agenda packet. BUDGET IMPACT:None 3 I BACKGROUND: As of January 6, 2005, the applicant for the Lotto/Toppano proposal submitted a memo and site plan forjthe record indicating a willingness to accept certain conditions in order to receive a staff endorsem$nt for approval of the Lotto/Toppano proposal(see Attachment B). The November 15, 2004 staff report on the 2004 Comprehensive Plan & Zoning Map Amendments includes consideration of the proposed four acre and existing two acre NCC- designated area. As noted in the report (pages 21-23) and the staff presentation, staff believes the existing NCC development regulations do not provide for the intended neighborhood- oriented characteristics ifor neighborhood commercial development, that previous Council decisions set a preeeden� of zoning two acres for NCC at the site, and that neither existing conditions nor developmjent regulations have changed sufficiently to satisfy the standards of review [Kent City Code 12.02.050(2) & 15.09.050(C)(4)] for granting an amendment. Staff noted also in the public hearing that future reconsideration of all commercial zoning district development regulations 1lnight address the issue; consistent with Comprehensive Plan Goal LU- 14, and Policies LU-14.5 find 14.8 (see page 18). Staff believes the issues 4nd conditions posed most recently by the applicant and Council for consideration would be considered more appropriately in a comprehensive manner for general zoning text amendments I outside of the Comprehensive Plan and Zoning Map Amendment process. Should Council:choose to consider inclusion of such conditions as part of an action taken at this time, the Council should provide findings establishing the uniqueness of this property in view of other properties with the same zoning,per Kent City Code 12.02.070. WO/pm S:1PermitlPlanlCompPlanAmdtnen&,2004\2042937-cpa20044a-d-PEDCspecmtgc.doc Enc: December 20,2004 staff mettlos to Council(2)DSAP&2004 Annual CPA's Minutes of 12/6/04 P&EDC npeeting LUPB Staff Report for Public llearing of November 22,2004 Barghausen memo and proposed buffer site plan(116105) cc: Fred N.Satterstrom,AICP,CD Director Charlene Anderson,AICP,Punning Manager Parties of Record(Attached) Project files i Planning&Economic Dev.Committed Special Meeting 1/13/05 Page 2 of 2 39 COMMUNITY DEVELOPMENT Fred N. Satterstrom,AICP,Director 0 PLANNING SERVICES `� KEN T Charlene Anderson,AICP,Manager w.5„,„a T o„ Phone:253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent,WA 98032-5895 DECEMBER 20, 2004 To: Mayor Jim White, Council President Julie Peterson And City Council Members From: William Osborne,Long Range Planner Through: Mayor Jim White Subject: Proposed 2004 Comprehensive Plan And Zoning Map Amendments#CPA-2004- 4(A-D)/#CPZ-2004(3-6) MOTION: Approve/Deny/Modify the recommendations of the Planning & Economic Development Committee regarding the four applications for 2004 Annual Comprehensive Plan and Zoning Map amendments, and direct the City Attorney to prepare the necessary ordinances. SUMMARY: In this agenda packet are the recommendations of the Planning & Economic Development Committee regarding the 2004 Comprehensive Plan and Zoning Map Amendments. These recommendations are presented to you from the Committee's December 6`h special meeting. The proposed amendments were introduced to the Council at a November 16`h workshop prior to the Land Use&Planning Board public hearing of November 22na BUDGET IMPACT:None BACKGROUND: The City received a total of four requests for Comprehensive Plan Land Use Map and corresponding Zoning Map changes (see the attached staff report and maps), classified as Proposals A through D: Proposal A: MILLENIUM-KANGLEY BUILDING: CPA-2004-4(A)/CPZ-2004-3 (ENV-2004-53(A)) Change in Comprehensive Plan Land Use Map and Zoning Map for property located at 26056— 116TH Avenue Southeast Applicant(Agent): Joel Kessell, Engineered Solutions, LLC Board P&ED Committee Existing Designation Requested Change Recommendation Recommendation Comprehensive APPROVAL OF APPROVAL OF Plan LAND USE SF 6(Single-Family NS(Neighborhood MIXED-USE MIXED-USE(MU) Ma 6 units/acre) Services) MU NC (Neighborhood APPROVAL OF APPROVAL OF ZONING Districts SR-6(Single-Family Convenience OFFICE, OFFICE,MIXED-USE Map 6.05 units/acre Commercial) MIXED USE(O- (O-MU) 4 PROPOSAL B: KENT OFFICE BUILDING: CPA-2004-4(B)/#CPZ-2004-4 (ENV-2004-53(B)) Change in Comprehensive Plan Land Use Map and Zoning Map for property located at 20651 —84th Avenue Sduth/East Valley Highway Applicant(Agent): Ed! Linardic, LDG Architects Existincj Designation Requested Change Board P&ED Committee *ZONINGDistricts Recommendation Recommendation MIC (M 3nufacturing/ C(Commercial)Industrial Center) ) APPROVAL APPROVAL M2 (Limited GWC(Gateway Industnol) Commercial) APPROVAL APPROVAL PROPOSAL C. LOTTO/TOPPANO: CPA-2004-4(C)/CPZ-2004-5 (ENV-2004-53(C)) Change in Comprehenslive Plan Land Use Map and Zoning Map for property located at 11644 Southeast 240th Street Applicant(Agent): Jerome Carpenter, Inslee, Best Doezie & Ryder, P.S. Existing esignation Requested Change Board P&ED Committee dation Recommendation Recommen Comprehensive SF-6 S n I Plan LAND USE ( f g e-Family NS (Neighborhood Me 6 units/a fire) Services) DENIAL DENIAL ZONING Districts SR-6 (Single-Family NCC(Nelnce DENIAL DENIAL Map 6.05 unitvacre) Commercial PROPOSAL D. MUTH: CPA-2004-4(D)/CPZ-2004-6 (ENV-2004-53(D)) Change in Comprehensive Plan Land Use Map and Zoning Map for property located at 21320—42nd Avenue South Applicant(Agent): Richard Rawlings, Polygon, LLC isting[;resignation gle-Family Change Board P&ED Committee Recommendation Recommendation *a. -R (Agricultural le-Family DENIAL WITHOUT DENIAL WITHOUT source�Land) PREJUDICE PREJUDICE 0 (agricultural, DENIAL WITHOUT DENIAL WITHOUT acres/ nit) PREJUDICE PREJUDICE i WO/pm S:\Permit\Plan\CompPlanAmdnjents\2004\2042937-cpa2004-4a-d_CCmtg_010405.doc Eric: Attachment A:LUPB Staff Ref tort for Public Hearing of November 22,2004 Attachment B:City of Kent Development Assistance Brochure 6-3(Access Management) Attachment C:Urban Land Ins itute,Ten Principles for Reinventing America's Suburban Strips,pages 8-9 Attachment D:Puget Sound Regional Council,2002 Regional Growth Centers Report:Kent Manufacturing/Industrial Center Attachment E:Maps of 2004 Comprehensive Plan Amendments Attachment F:Summary Matti of 2004 Comprehensive Plan Amendments Attachment G:SEPA Adoption Notice and Addendum Attachment H:Env.Review R Ipon—Decision Document Attachment I:RCW 35A.63.071&072 cc: Fred N.Satterstrom,AICP,CID Director Charlene Anderson,AICP,Planning Manager Parties of Record(Attached) Project files City Council Meeting 1/4/05 Page 2 of 2 i 41 COMMUNITY DEVELOPMENT Fred N. Satterstrom,AICP,Director • PLANNING SERVICES KEN T Charlene Anderson,AICP,Manager w.s H ar o NPhone:253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent,WA 98032-5895 December 20, 2004 To: Mayor Jim White, Council President Julie Peterson And City Council Members From: William Osborne, Long Range Planner Through: Mayor Jim White Subject: Comprehensive Plan& Zoning Amendments#CPA-2004-1 Downtown Strategic Action Plan Update MOTION: Approve/Deny/Modify the Downtown Strategic Action Plan Update and implementing regulations as recommended by the Planning & Economic Development Committee, and direct the City Attorney to prepare the necessary ordinances. SUMMARY: In this agenda packet are the recommendations of the Planning & Economic Development Committee regarding the Downtown Strategic Action Plan Update and implementing regulations. These recommendations are presented to you from the Planning & Economic Development Committee December 6th special meeting. There were four public participation workshops on the update held in May and June 2004, followed by two workshops and four public hearings of the Land tUse & Planning Board. Staff introduced these proposed amendments to the full Council at a November 16 workshop. BUDGET IMPACT:None BACKGROUND: The Planning&Economic Development Committee recommendations are as follows: 1. Approve DSAP document dated 11/8/04 2. Approve Attachment B (list of figures) 3. Approve Attachment C figures,but replace & incorporate with figures in Attachments D, E and F 4. Attachment D,Figure III-2: Delete "and unsightly" 5. #1 Map Change — north of James between 1st & 5th: Urban Center/DCE — south 8.4 acres; Low Density Multifamily/MR-T 16—north to Cloudy and 5 parcels north of Cloudy between 4th& 5th #2 Map Change—one parcel depth both sides of Central between Smith& Gowe: GC-MU 6. Zoning Code Text Amendments: a. Require Downtown Design Review in all districts including North Frame District; b. Eliminate minimum lot size requirement for MFR in all DSAP districts; C. Raise surface parking cap to 4.5 spaces per 1,000 s.£ non-residential use in the East Frame District; • Require 25%residential component of overall gross floor area • Include 2-year sunset clause to re-evaluate. d. Raise surface parking cap to 4.5 spaces per 1,000 s.f. non-residential in the West Frame District; • Include 2-year sunset clause to re-evaluate. wo/pm S:\Permit\Plan\CompPlanAmdments\2004\2041242-CPA-2004-1_CCMtg_010405.docd Ene: Attachment A:LUPB Staff Report for Continued Public Hearing of 11/8/04 cc: Fred N.Satterstrom,AICP,CD Director Attachment B:Draft Downtown Strategic Action Plan Update Charlene Anderson,AICP,Plug Mgr Tom Brubaker,Legal Dept Attachment C: 1998 DSAP List Figures(Original) Parties of Record(Attached) Attachment D:1998 DSAP Figures(Original) project File Attachment E:2004 Draft Revised Figures Attachment F:Downtown Projects:Past,Present and Planned(1998-2009) Attachment G August 17'Attachment Description Memo Attachment H:SEPA Adoption Notice&Addendum Attachment L RC W 35A.63.071&072 i This page intentionally left blank. i i 43 PLANNING& ECONOMIC DEVELOPMENT COMMITTEE MINUTES DECEMBER 6,2004 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 Committee Member White Moved and Committee Member Harmon Seconded a motion to approve the minutes of the November 15,2004 meeting. Motion Carried 3-0. Annual 2004 Comprehensive Plan & Zoning Map Amendments#CPA-2004-4(A-D)/#CPZ-2004(3-6) Chris Ferko, Barghausen Engineers, 18215 72""Ave. S,Kent,WA 98032 proposed amending their Lotto proposal to include a conditional restriction prohibiting development of gasoline service stations on the subject site and requesting a conversion of the Single Family zoned two acre parcel to NCC in order that a use be developed to best serve the community. Mr.Ferko urged the Committee to consider forwarding to the Council a recommendation for approval of this application. Russell Hanscom, 9523 S 237`b Place, Kent,WA, as executive director of Arbor Village, an 89 apartment retirement home and assisted living community, spoke on behalf of the residents in stating that they support an increase in zoning to four acres and a commercial development for the subject site with regard to the Lotto Amendment. Planner Bill Osborne stated that this year's four comprehensive plan amendment proposals need to be considered together with the DSAP update as part of the annual comprehensive plan amendment cycle. Mr. Osborne described each of the four comprehensive plan amendment application proposals; stating that the Land Use and Planning Board is recommending: Approval of the Millenium Kangley Building Amendment proposal for Mixed Use Comprehensive Plan designation and office/Mixed Use Zoning District designation; Approval of the Kent Office Building Amendment proposal; Denial of the Lotto/Toppano Amendment proposal;and Denial Without Prejudice of the Muth Amendment proposal. Mr. Osborne submitted a letter from Chris Ferko with Barghausen for the record. Mr. Osborne spoke about staff s concerns with development standards for NCC zoning and special permitted uses. Mr. Osborne addressed questions raised by the Committee Members with respect to the Millenium-Kangley Building amendment proposal located on 1161h Avenue Southeast. Community Development Director Fred Satterstrom addressed Member Clark's questions with respect to alternative plan or zoning designations for the subject site. Mr. Osborne stated that the applicant submitted a revision request subsequent to his initial application submittal requesting a change in the Comprehensive Plan Designation to Mixed Use and a Zoning Designation change to Office/Mixed-Use; Staff and the Land Use and Planning Board are recommending Approval of the revised application. Mr. Osborne addressed questions raised by Member White with respect to the development rights issue related to the Muth Amendment and staff s recommendation of Denial without Prejudice. In response to an inquiry by Member White, Assistant City Attorney Kim Adams Pratt stated her office is of the opinion that once King County acts on this property,the applicant would not have to wait to resubmit this proposal with the annual comprehensive plan updates in September 2005 because the Kent City Council can declare an emergency to look at issues considered to be of community wide significance outside of the annual Comprehensive Plan cycle. It appears this application could be of community-wide significance because of the City's interest in the Johnson Creek improvements. She stated that the Legal staff believes it premature to approve this amendment until King County makes a decision concerning this site. Harmon MOVED and White SECONDED a Motion to accept the letter submitted from Chris Ferko with Barghausen Engineers and the literature on the Downtown Strategic Action Plan for the record. Motion CARRIED. 4 Mr. Satterstrom addressed 411estions raised by the Committee with regard to the Lotto/Toppano proposal, citing staff s rationale for their recommendation for this year's proposal. Steve Mullen, Transporta ion Engineering Manager spoke to the Committee's concerns with respect to traffic flow and access issue for the Lotto/Toppano proposal. Mr. Satterstrom addressed Member White's concerns with respect to what uses could be developed if the site were increased to four acres{with the exclusion of service stations. He cited durable business type of retail uses, convenience type of dommercial uses, personal and professional services would be allowed. Mr. Satterstrom addressed Member White's concerns with respect to how the City will work with the developer to diminish impacts to Burro ding single family developments. Member Harmon MOVED 4nd Member White SECONDED a Motion to accept the Land Use Planning Board's recommendation of Approval with reference to Proposal A- Millenium Kangtey Building Amendment. Motion CARRIED. Member Harmon MOVED a*d Member White SECONDED a Motion to accept the Land Use and Planning Board's recommendation of Approval for Proposal B — Kent Office Building Amendment. Motion CARRIED. Member Harmon MOVED ar�d Member Clark SECONDED a Motion to accept the Land Use and Planning Board's recommendation of IDenial for Proposal C-Lotto/Toppano Amendment. Motion CARRIED 2 to 1 with White opposed. Member Harmon MOVED and Member Clark SECONDED a Motion to accept the Land Use and Planning Board's recommendation of Denial without Prejudice for Proposal D-Muth Amendment. Motion CARRIED. Member Harmon MOVED and Member White SECONDED a Motion to approve the recommendation of the Land Use and Planning Board4 regarding the four Applications of the 2004 Annual Comprehensive Plan and Zoning Map Amendments aid direct the City Attorney to prepare the necessary ordinance. Motion CARRIED 2 to 1 with White opposed. #CPA-2004-1 Downtown Str to is Action Plan Update Osborne submitted two exhibits for the record; a letter from Fred High with Kent School District regarding enrollment impacts on ten actes of multifamily zoning and a letter submitted December 6 from Joseph Blattner with Tarragon addressed to the Planning and Economic Development Committee supporting DCE zoning north of James. Member Harmon MOVED and Member White SECONDED a Motion to accept the exhibits to the record. Motion CARRIED. Mr. Osborne stated that he would like the Committee to include Attachment F, a list of downtown projects from 1998 — 2009 as part of their motion. He stated that the Land Use and Planning Board recommends approving the Downtown Strategic Action Plan document dated November 8, 2004, Attachment B-List of Figures,approve the figures themselves and accepting substantive changes to two maps. Mr. Osborne described that zoning code text amendments include applying Downtown Design Review to all districts, including the North Frame District; eliminating minimum lot size requirement for multifamily residential in all DSAP district$; raising surface parking cap to 4.5 spaces per 1,000 s.f. non-residential in East and West Frame Districts v�ith the requirement of 25%residential component of overall gross floor area and inclusion of a 2-year sunset clause to re-evaluate. Bruce Anderson, Bellevue,WA stated that he wishes to pursue a retail development project on a viable commercial site located in the Vest Frame District that will complement the Kent Station and that this site would not be conducive to residential development due to its proximity to the freeway and railroad tracks. Planning&Economic Committee Meeting 12/6/04 Page 2 of 3 45 Fred High, Assistant Superintendent of Kent School District, 12033 SE 2561h St., Kent, WA and Tat Guppy,Principal of the Neely O'Brien Elementary School,6300 S 236`h,Kent,WA described the effects that more multifamily residential development would have on the school district. Mr. Guppy stated that it has been the school district's consensus that multifamily residential creates financial impacts for the district. Mr.High submitted a letter for the record. Mr. Guppy responded to questions raised by Member Harmon with respect to how the school has worked with transitional students so that they can continue their education in the school without interruption. He stated that the district employs a family advocate who supports those families and introduces them to community resources. Member Harmon MOVED and Member White SECONDED a motion to adopt the letter submitted by Mr. High,Assistant Superintendent of the Kent School District for the record. Motion CARRIED 3-0. Mr. Osborne and Mr. Satterstrom addressed questions raised by the Committee with respect to the 4.5 parking spaces cap with the 25% residential component, the 2-year sunset clause and redevelopment versus new development opportunities in both the East and West Frame Districts. Member Harmon stated that he favors the removal of the 25% residential development requirement with a 2-year sunset clause from the West Frame District with Member White concurring adding that he would support removal of this requirement from the East Frame District as well. Member Harmon proposed amending the MR-G to MR-T16 north of James,with Member White concurring. Member Harmon MOVED and Member White SECONDED a Motion for Item #5 to change MR-G from Cloudy to 5th and north of Cloudy between 4`h and 5`h to MR-T16. Motion CARRIED 2 -1 with Chair Clark opposed. Member Harmon MOVED and Member White SECONDED a Motion for Item#6C to raise surface parking cap to 4.5 spaces per 1,000 s.f. non-residential in the East and West Frame Districts and applying the 25% residential component of overall gross floor area only to the East Frame District, exempting the West Frame District. Motion CARRIED 2 to 1 with Chair Clark opposed. Member Harmon MOVED and Member White SECONDED a Motion to approve the modifications of the Downtown Strategic Action Plan Update and implementing regulations as recommended by the Land Use and Planning Board to include replacement of Figure IV-3 with Attachment F-Downtown Projects 1998- 2009, to include the previously stated modifications under Items 5 and 6-C, and direct the City Attorney to prepare the necessary ordinance. Motion CARRIED 3-0. Chair Clark clarified that these items will go before Council in January. CPA-2004-5 Urban Density Study Planning Manager Charlene Anderson stated that a resolution is needed declaring an emergency to pursue revisions of the Comprehensive Plan outside of the annual comprehensive plan amendment cycle to ensure compliance with regard to density in Urban Growth areas. Member White MOVED and Member Harmon SECONDED a Motion to approve a resolution declaring an emergency to pursue revisions of the comprehensive plan to ensure compliance with Chapter 36.70A RCW regarding density in an urban growth area. Motion CARRIED 3-0. Adjournment Chair Clark adjourned the meeting at 5:20 pm Pamela Mottram, Admin Secretary,Planning Services S:IPermitlM=Tlanning Committee120041Minutes1120604pc-min.Joc It Planning&Economic Committee Meeting 12/6/04 Page 3 of 3 4 i This page intentionally left blank. 47 COMMUNITY DEVELOPMENT Fred N. Satterstrom,AICP,C.D. Director PLANNING SERVICES Charlene Anderson,AICP,Manager Phone:253-856-5454 Fax: 253-856-6454 KENT Address: 220 Fourth Avenue S. WASHIKOTON Kent,WA 98032-5895 November 15, 2004 TO: JON JOHNSON, CHAIR AND MEMBERS OF THE LAND USE AND PLANNING BOARD FROM: WILLIAM D. OSBORNE, LONG-RANGE PLANNER RE: 2004 COMPREHENSIVE PLAN AND ZONING MAP AMENDMENTS #CPA-2004-4(A-D)/#CPZ-2004-(3-6) Land Use & Planning Board Public Hearing — November 22, 2004 INTRODUCTION The City received four (4) applications this year submitted by private property owners for amendments to the Comprehensive Plan Land Use Map and the Zoning Map. At the Land Use & Planning Board workshop held October 13", staff introduced each proposed amendment to the Board for discussion and questions. Planning Services staff facilitated a Land Use & Planning Board tour of the sites on October 9`" The four (4) proposed amendments have been classified as Proposals A through D. This staff report includes a detailed analysis of the merits of each proposal, maps of each site and a staff recommendation, based upon the following standards of review. STANDARDS OF REVIEW Sections 12.02.050 and 15.09.050(C) of the Kent City Code outline the standards of review, which must be used by staff and the City Council in analyzing proposed Comprehensive Plan Land Use Map and Zoning District Map amendments. Proposed amendments to the Comprehensive Plan Land Use Map are to be examined based on 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 3. The amendment is consistent with other goals and policies of the Comprehensive Plan, and that the amendment will maintain concurrency between the Land Use, Transportation, and Capital Facilities Elements of the Plan. 4 Proposed amendments ';to the Zoning District Map are to be examined based on the following 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 signlificant adverse impacts which cannot be mitigated; and 4. Circumstances hive 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 Cit}- The staff review and recommendation for each of the proposals is presented separately. Background information ,about the subject site and the intent of each proposal are provided, followed by staff review. (Staff review includes the citation of relevant Comprehensive Plan Goals and Policies and commonts on the relationship of each proposal to cited goals and policies, organized into sections by Element. The Standards of Review listed above for Comprehensive Plan Land Use and Zoning amendments are then addressed for each proposal prior to the recommendation. A mall depicting each proposal is included in Attachment D, and a summary matrix of the proposals is Also provided as Attachment E. PROPOSAL A MILLENIOM-KANGLEY BUILDING #CPA-2004-4(A)/#CPZ-2004-3 (KIVA#2042950) #ENV-2004-53(A) (KIVA#2042947) Change in Comprehensilve Plan Land Use Map and Zoning Map for property located at 26056 - 116th Avenue Southeast Applicant (Agent): Joel Kessell, Engineered Solutions, LLC Existing Designation Proposed Change Comprehensive Plan LAND SF-6 (Single-Family 6 NS (Neighborhood Use Mapunits/acre) Services ZONING Districts Map SR-6 (Single-Family 6.05 NCC (Neighborhood units/acre) Convenience Commercial Background: The 0.68 scre Site consists of one (1) tax parcel and is located at the northeast corner of 116th Avenue Southeast and Kent-Kangley Road Southeast, and contains no structures. The terrain of the Site can be characterized as generally flat, mostly covered with gravel, and having groundcover vegetation along the east and southeast. The parcel is currently designated as Single-Family Residential,; Six (6.05) Units per Acre for land use and zoning (SF-6 and SR-6, respectively), as are most parcels abutting the northern and eastern boundaries of the Site. To the south of the Site across Kent-Kangley Road, parcels are designated Mixed Use (MU)for land Use, and Community Commercial — Mixed Use (CC-MU) for zoning. Parcels located directly across 116th Avenue SE from the'Site are designated as Single-Family Residential, Eight (8.71) Units per Acre for both land use and zoning (SF-8 and SR-8, respectively). The southwest corner of the Kent-Kangley/116th AvenidIae SE intersection is designated for low-density multi-family residential for both land use and zoning (�DMF and MR-G, respectively). Land Use and Planning Board P�blic Hearing 41 November 22,2004 Page 2 of 27 49 • Issues: Site access restrictions, on-site parking (and possible vehicular queuing), site drainage and utilities locations are some of the issues of concern. The fact that Kent-Kangley Road is also a State Route (S.R. 516) means that vehicular access of the Site is restricted. To maintain traffic flows on Kent-Kangley Road/S.R. 516, the preferred access would be on 116th Avenue SE, but the north boundary of the Site is less than one hundred fifty feet (150') north of the intersection. The City of Kent Public Works Development Assistance Brochure, Access Management (DAB 6-3) (see Attachment A, page 6), establishes a minimum corner clearance standard of three hundred feet (300'), with driveways being allowed only when alternative access is not available. The status of a water feature indicated by the City geographic information system (GIS) as bisecting the Site could also affect site access and developable area. A sanitary sewer service connection crossing Kent-Kangley Road will be required. RELEVANT COMPREHENSIVE PLAN GOALS & POLICIES LAND USE ELEMENT The Land Use Element of the Comprehensive Plan contains goals and policies relating to neighborhood commercial development, activity centers and commercial, facilitating multi-modal transportation, and protection of wetlands. The Plan distinguishes between small neighborhood service areas and larger activity center areas. Overall (LU) Goal: Encourage a future growth and development pattern which implements the Community's vision, protects environmentally sensitive areas, and enhances the quality of life of all Kent residents. Goal LU-2 Establish a land use pattern throughout the Potential Annexation Area that will facilitate a multi-modal transportation system and provide efficient public facilities. Ensure that overall densities in the Potential Annexation Area are adequate to support a range of urban services. Policy LU-2.1 Establish transportation levels-of-service which will help guide development into desired areas. Policy LU-2.2 Concentrate development in order to promote public transit. Policy LU-2.4 Give funding priority to capital facility projects which are consistent with the City's Land Use Element. Goal LU-3 Focus both city and regional household and employment growth in the designated Urban Center. Policy LU-3.2 Focus office employment growth in the Urban Center as a percentage of overall mixed-use development. Goal LU-6 Designate Activity Centers in portions of the City and in the Potential Annexation Area. Allow in these areas a mix of retail, office, and residential development. Policy LU-6.1 Locate Activity Centers in areas which currently contain con- centrations of commercial development with surrounding medium- density housing. Intensify these areas to support public transit to increase housing options. Land Use and Planning Board Public Hearing November 22,2004 Page 3 of 27 5 Policy LU-6.2 A#ow residential uses in Activity Centers. Develop residential uses as port of a commercial area in a mixed-use development or on a'stand- al4ne basis in designated areas. Goal LU-7 Develop Activity Centers in such a way as to facilitate pedestrian, cyclist, public transit, and vehicular circulation. Policy LU-9.4 Locate housing opportunities with a variety of densities within close proximity to employment, shopping, transit, and where possible, near hu I lman and community services. Goal LU-13 Promote orderly and efficient commercial growth within the existing . commercial districts in order to maintain and strengthen existing corinmercial districts, to minimize costs associated with the extension of facilities, and to allow businesses to benefit from their proximity to one another. Goal LU-14 Determine the size, function, and mix of uses in the City's commercial districts based on regional, community, and neighborhood needs. Policy LU-14.2 Provide opportunities for residential development within existing business districts to provide support for shops, services, and employment within walking distance. Policy LU-14.5 Encourage commercial design elements which will minimize impacts to surtounding established residential uses for all new development and redevelopment in the existing Neighborhood Commercial zoning district. Ensure that projects are pedestrian-oriented and developed with minimum parking provisions. Policy LU-14.6 Discourage expansion of Neighborhood Service land uses in areas where the adjacent land use designation is predominately single-family. Policy LU-14.7 Promote redevelopment of existing commercial properties by limiting the conversion of residential land uses to commercial land uses. Policy LU-14.8 Ensure that commercial and mixed-use developments adjacent to existing single-family residential areas are compatible in height and scale. Establish guidelines for design of edges where commercial and mixed--uses abut single-family use and medium- and low-density residfential. Goal LU-24 Encourage well designed, compact land use patterns to reduce dependency on the automobile, and thereby improve air and water quality and conserve energy resources. Establish mixed-use commercial, office, and residential areas to present convenient opportunities for travel by transit, foot, and bicycle. Policy LU-26.2 Prot�ct wetlands not as isolated units, but as ecosystems, and essential elements of watersheds. Base protection measures on wetland functions and values, and the effects of on-site and off-site activities. Staff Comment Land Use and Planning Board Public Hearing is November 22,2004 Page 4 of 27 i 51 The Comprehensive Plan articulates policies to discourage expansion of Neighborhood Services land uses in areas where the adjacent land use is predominantly single-family residential (Policies LU-14.6 and LU-14.7). Also, the Comprehensive Plan includes policy language (Goals LU-3 and LU-13, and Policies LU-3.2, LU-13.3 and LU-13.4) to encourage orderly and efficient commercial growth in existing commercial districts, particularly in Kent's designated Urban Center (Downtown). Additionally, a 2001 Urban Land Institute publication entitled Ten Principles for Reinventing America's Suburban Strips (see Attachment B) previously provided to the Board, recommends limiting expansion of commercial zones when existing commercially-zoned land is underdeveloped. The buildable lands inventory for housing (population growth) might also need to be revised to reflect a decrease in capacity of approximately four (4) single-family detached units. In response to the standards of review, the application cites positive goals and policies in specific reference to Activity Centers (Goals LU-6 and LU-7, and Policy LU-6.1). The application also claims the Site is not predominantly surrounded by single-family residential land use. Staff comments that a significant amount of area to the west, north, northeast and east of the Site is in single-family residential use — a few adjacent dwelling units include day care operations — but these operations are not intensively"commercial" in zoning or use. While one could certainly argue that the Comprehensive Plan contains goals and policies favoring the qualities of the area around the intersection of 1161h Avenue SE and Kent-Kangley Road as an "Activity Center," this area does not currently carry such a designation. An important consideration in the designation of Activity Centers is the existence of a concentration of commercial development and surrounding medium-density housing (Policy LU-6.1). The descriptive parameters for an existing 'concentration of commercial development and surrounding medium-density housing' have not been established by the City; but could be considered in the future. This application provides compelling testimony about the context surrounding the Site, particularly of the relationship between land uses and the recently completed and planned future road improvements of 116`h Avenue SE near the Kent-Kangley Road intersection. Given these conditions, staff agrees in principle with the claim that single-family residential development is not desirable at this location. Development of an automobile-oriented use permitted under NCC Zoning, however, would be less desirable and more impacting on public health and safety — generating more traffic circulation, air quality, and pedestrian safety issues (Goals LU-7 and LU-24, Policy LU-14.5). Moreover, the key theme in the Land Use Element goal and policies regarding the development of Activity Centers is the inclusion of housing, whether as part of mixed-use developments or on a stand-alone basis (Goal LU-6, and Policies LU-6.1 and LU-6.2, and LU-10.1). The application suggests subsequent office development of the Site. Such a use would likely be less impacting than the uses allowed in NCC Zoning. Office-Mixed Use Zoning (O-MU)would allow for the intended use described in this application, while restricting the uses allowed in other commercial zones. COMMUNITY DESIGN ELEMENT The Community Design Element of the Comprehensive Plan contains several goals and policies relating to the aesthetic impacts of commercial development, on- and off-site improvements, circulation patterns, and vehicular and pedestrian access: Goal CD-1 Establish street and circulation patterns that encourage walking, bicycling, and transit use. Goal CD-2 Incorporate amenities and features along neighborhood residential and commercial streets that accommodate safe motor vehicle, pedestrian, bicycle, and transit use. Land Use and Planning Board Public Hearing November 22,2004 Page 5 of 27 i 5 Policy CD-2.1 Establish, particularly in conjunction with new development, distinctive ceswalks at major street intersections in neighborhood mixed-use nters, commercial corridors, transit stops, in proximity to parks, and sc i i►oo/sites. Policy CD-2.3 De[sign intersections with appropriate signage and traffic control deices to safely accommodate pedestrian, bicyclists, and vehicular tragic. Construct intersections with the minimum dimensions and turning radii necessary to maintain established levels of service per the coocurrency requirements of the Growth Management Act Goal CD-3 Establish site design standards that encourage pedestrian and bicycle us$. Consider equally during site design all modes of transportation access, including pedestrian, bicycle, transit, and motor vehicle. i Policy CD-3.1 Establish design standards which ensure that commercial, industrial, residential, and public building sites provide convenient, direct access for(pedestrians and bicyclists. Policy CD-3.3 Encourage development to orient around existing and proposed transit stops and to provide pedestrian amenities and convenient access to the tra sit stops. Goal CD-4 Design new commercial projects to accommodate pedestrians, bic�clists, transit users, and motor vehicles. Policy CD-4.1 Encourage site and building access that considers the needs of pedestrians and bicyclists by providing the most direct pedestrian acgss from sidewalks and parking areas to building entrances while min mizing conflicts with motor vehicle traffic. Policy CD-4.5 Loc to motor vehicle parking at the rear of buildings to help block the vie of the parking from the street and to enable more convenient acc ss to the front of the buildings. Where it is not possible to provide part ing behind a building, parking may be located along the side. Sig4age for parking should be a recognized standard to be distAnguishable for motorists, unless otherwise specified in district desIFn guidelines. Policy CD-5.2 Where possible, encourage developers to infill buildings along vacant sections of the street edge to improve the environment for pedestrians. Goal CD-6 Provide scale, layout, and character of commercial development which is complimentary to the surrounding neighborhood and accdmmodating to pedestrians. Policy CD-7.1 Work with the business community and neighborhood residents to mak# aesthetic and functional improvements to commercial areas. Improved image and appeal will increase sales potential and enhance the character of the City. Policy CD-15.1 Whekever possible, encourage a land use pattern wherein churches, stores, services, parks,jobs, entertainment, transportation, and schools are *ithin walking distance of a person's place of residence. Staff Comment Land Use and Planning Board Public Hearing November 22,2004 Page 6 of 27 53 The application cited several goals and policies supporting pedestrian-oriented commercial . frontage. Development consistent with the proposed designation change might improve the appearance of the existing underdeveloped Site, which currently stores used vehicles for sale. However, automobile-oriented land uses discussed in the staff comment on applicable Land Use Element goals and policies would also be allowed under NCC Zoning — in conflict with several Community Design Element goals and policies (Goals CD-1, CD-2, CD-3, CD-4, and CD-6, and Policies CD-3.1 and CD-4.1). The Site acreage and limited access from 110h Avenue SE would likely minimize aesthetic impacts, and NCC Zoning does provide opportunities for development of an integrated, walkable community, with commercial uses in close proximity to moderate density residential use. It should be noted again however, that NCC Zoning would also allow uses typically generating high numbers of automobile trips: gas station (with special use permit), sit-down restaurant, commercial drive-thru (excluding fast food, i.e. bank with Conditional Use Permit) and convenience store. The Site layout will be influenced by the single restricted access driveway on 116th Avenue SE. Due to the designation of Kent-Kangley Road (State Route 516) as a road of statewide significance, and the proximity of the north parcel boundary to the 1161h Avenue SE/Kent-Kangley Road intersection, ingress and egress of the Site will be restricted to right-in and right-out turning movements. An automobile-oriented use would impact pedestrian safety, aesthetics and exacerbate existing traffic issues in the vicinity. HUMAN SERVICES ELEMENT The Human Services Element of the Comprehensive Plan, contains a policy relating to accessibility of services— including the medical office suggested by the applicant: Policy HS-1.4 Encourage services to become accessible to all members of the community. Staff Comment Accessibility to human services for the entire community is generally positive in view of the Comprehensive Plan. The large number of considerations of "accessibility" and "human services' are beyond the scope of this Comprehensive Plan Map and Zoning District Map designation amendment proposal. Thus, the proposed amendment, as a non-project action, will not be analyzed strictly for the use suggested by the applicant — a medical office building. Further, if any level of approval of the amendment proposal for this Site is adopted by ordinance, such circumstances do not confer nor construe any approval(s) for project-level permit applications subsequently filed. TRANSPORTATION ELEMENT The Transportation Element of the Comprehensive Plan contains several goals and policies relating to coordination of development and road improvements, and the relationship between commercial land use and the transportation system: Policy TR-1.1 Locate commercial, industrial, multifamily, and other uses that generate high levels of traffic in designated activity centers around intersections of principal or minor arterials or around freeway interchanges. Policy TR-1.2 Coordinate new commercial and residential development in Kent with transportation projects to assure that transportation facility capacity is sufficient to accommodate the new development, or a financial commitment is in place to meet the adopted standard within six years, before allowing it to proceed. Land Use and Planning Board Public Hearing November 22,2004 Page 7 of 27 i i Policy TR-1.5 Esure consistency between land use and transportation plans so that la d use and adjacent transportation facilities are compatible. Policy TR-1.7 lnOure the transportation system is developed consistent with the anticipated development of the land uses, and acknowledge the influence of providing transportation facilities to accelerate or delay the development of land uses, either by type or area. Policy TR-1.8 Promote land use patterns which support public transportation and inure the development includes transit-friendly features. Policy TR-3.4 Utilize adopted Access Management techniques to preserve the flow of traic on the road system while providing adequate access to adjacent land uses. These could include: limit the number of driveways (usually onO per parcel); locate driveways away from intersections; and connect p#king lots and consolidate driveways to create more pedestrian- oriented street design and encourage efficiency of both land uses and they adjacent transportation system. Policy TR-4.1 insfure reliable traffic flow and mobility on arterial roads, especially on regional through routes, while protecting local neighborhood roads from increased traffic volumes. Policy TR-4.2 Whiere overflow traffic from the regional system significantly impacts nei#hborhoods, protect the residential area. Policy TR-5.3 Arterial improvements inside or adjacent to neighborhoods should employ Content Sensitive Design strategies to balance the mobility neepls of the community with neighborhood cohesiveness. Policy TR-5.4 Encourage pedestrian and bicycle connections between residential devglopments, neighborhood commercial centers, recreation areas, and to serve as an alternative to automobile use. Goal TR-7 lmp�ove the non-motorized transportation system for both internal circidation and linkages to regional travel, and promote the use of non- motorized transportation. PolicyTR-7.2 Use; incentives or regulations to encourage new construction to promote pedestrian and bicycle connections to schools, . parks, community centers, public transit services and facilities, and neighborhoods and other services. f Policy TR-7.8 Whe ever practical, using Incentives or regulatory means, encourage bicy�ie storage facilities with adequate lighting at residential development projects, park and rides lots, employment and industrial cent ors, schools, Activity Centers and retail areas. i Policy TR-8.2 Emp, asize transit investments that provide mobility and access within the Community and make it possible for citizens to access local servies and support local businesses while reducing auto-dependent trave . Land Use and Planning Board Public Hearing November 22,2004 Page 8 of 27 55 Goal TR-9 Pursue funding for transportation improvements from all potential • sources in an efficient and equitable manner. Policy TR-9.1 Allow for funding of growth-related traffic improvements proportionately by impact fees or other mechanisms that apportion costs in relation to impact charged to new development. Staff Comment The additional trip generation impacts from development consequent to a Neighborhood Convenience Commercial (NCC) Zoning designation could cause significant deterioration of arterial level-of-service, and automobile-oriented commercial development would likely attract most of its market from outside the neighborhood via automobile trips. An Office-Mixed Use (O-MU) Zoning designation would likely generate traffic impacts from trip ends more specific to an office use suggested in the application — rather than a convenience store use allowed under NCC Zoning. The vehicular access issue is addressed above in the staff comments on Community Design. APPLYING THE STANDARDS OF REVIEW The amendment will not result in development that will adversely affect the public health, safety, and general welfare. [KCC 12.02.050(1) & 15.09.050(C)(5)] Staff Comment Designating the 0.68 acre subject parcel Neighborhood Services and Neighborhood Convenience Commercial (NCC) would allow development that would significantly impact adjacent residents, particularly if the development served automobiles — as with gas stations, convenience stores, and drive-thru banks. These potential impacts include increased traffic generation, access conflicts, • reduction of residential privacy, as well as aesthetic (noise, light and glare) conflicts. Single-family residential development at this location is not necessarily desirable— nor has the land development market been responsive to the current Comprehensive Plan and Zoning designation. A Mixed-Use (MU) Comprehensive Plan designation with an Office-Mixed Use (O-MU) Zoning District designation would be less impacting on the public health, safety, and general welfare. 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. [KCC 12.02.050(2) & 15.09.050(C)(4)] Staff Comment The most significant changes of circumstance in regards to this proposed designation amendment is that road improvements have been, and will be made by the City of Kent Public Works Department for 116th Avenue SE. The west boundary of the subject parcel is anticipated to yield ten (10) feet width for 116th Avenue SE right-of-way improvements. The Comprehensive Plan and Zoning designations for properties extending east from the southeast corner of Kent-Kangley Road and 116th Avenue SE were recently amended from Commercial/Neighborhood Convenience Commercial to Mixed-Use (MU) Comprehensive Plan Land Use, and Community Commercial, Mixed-Use (CC-MU) Zoning. The amendment is consistent with other goals and policies of the Comprehensive Plan, and that the amendment will maintain concurrency between the Land Use, Transportation, and Capital Facilities Elements of the Plan. [KCC 12.02.050(3) & 15.09.050(C)(1)] Staff Comment The designation of Neighborhood Convenience Commercial (NCC) Zoning at this Site could impose significant unavoidable negative impacts likely to diminish the levels-of-service of adjacent roads. Land Use and Planning Board Public Hearing November 22,2004 Page 9 of 27 Additionally, any commercial redevelopment of the Site would require to connect to utilities across Kent-Kangley Road. The proposed re4one is consistent with the Comprehensive Plan. [KCC 15.09.050(C)(2)] Staff Comment Rezoning the 0.68 acrd parcel to Neighborhood Convenience Commercial (NCC) would allow development that could Significantly impact adjacent residents and adjacent roads — depending on the subsequently developed use. These potential impacts include increased traffic generation, access conflicts, reduction of residential privacy and safety for adjacent day care operations, as well as land use and aesthetic (noise, light and glare) conflicts. The potential scope and extent of these impacts are not consistent with the Comprehensive Plan. The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant aldverse impacts which cannot be mitigated. [KCC 15.09.050(C)(3)] Staff Comment Given arterial traffic spends and a lack of pedestrian facilities in the vicinity of the Site, the City would require significant improvements for pedestrian travel and public transit use upon development of the Sito. The trips generated by an automobile-oriented use allowed by Neighborhood Convenience Commercial (NCC) Zoning could cause greater impacts on the transportation system. Ah office use, as suggested in the application, would generate a relatively small number of trips. Recommendation: Staff recommends DENIAL of the request to redesignate the subject 0.68 acre parcel as proposed tQ Neighborhood Services (NS) Land Use and Neighborhood Convenience Commercial (NCC) Zoning. However, if proposed, staff would recommend approval for a Comprehensive Plan Map designation change to Mixed-Use (MU), with a Zoning District Map designation change to Offie-Mixed Use (O-MU)for the Site. f PROPOSAL B KENT OFOICE BUILDING i #CPA-2004�4(B)/#CPZ-2004-4 (KIVA#2042938) #ENV-200&53(B) (KIVA#2042937) Change in Comprehensive Plan Land Use Map and Zoning Map for property located at 20651 —84th Avenue South/Easlt Valley Highway i Applicant (Agent): Edi Qinardic, LDG Architects Existing Designation Proposed Change Comprehensive Plan LAND MIC C (Commercial) USE Map (Manufacturing/Industrial Center ZONING Districts Map M2 (Limited Industrial) GWC (Gateway Commercial Background: The 6.26 acre Site consisting of two (2) tax parcels is located southwest from the intersection of 84th Avenuel South (East Valley Highway) and South 208th Street, extending south along the west side of 84th Avenue S to slightly less than four hundred feet (400')from South 212th Street. The northern parcel of the Site includes a portion of the S 208th Street roadway. The terrain of the Site is generally flat and is almost entirely impervious, with a large single-story structure (approximately 94000 gross square feet — King County Assessor) and asphalt parking Land Use and Planning Board Pul lic Hearing November 22,2004 Page 10 of 27 57 surface located thereon. The Site and most parcels in the vicinity north of S 212th Street are • designated for Manufacturing/Industrial Center land use (MIC) and Limited Industrial (M2) zoning. The parcels directly south (a McDonald's restaurant) and southeast(including a strip mall and drive- thru espresso stand) across 84th Avenue SE of the Site are designated for Commercial (C) Land Use and Gateway Commercial (GWC) Zoning. Issues: Limiting expansion of non-industrial commercial land uses in the Manufacturing/Industrial Center, the Center designation as requested by the City in the early 1990s and designated by the Puget Sound Regional Council (PSRC), is an important concern (see Attachment C, 2002 Regional Growth Centers Report: Kent Manufacturinglindustrial Center, page 4). Access to 84th Avenue S will be restricted or prohibited, with a possible requirement of off-site revisions for S 208th Street (private)to address the anticipated increase in traffic volumes at the traffic signal on 84th Avenue S. A buffer associated with an inventoried wetland located on the McDonald's parcel to the south might encroach on the Site. RELEVANT COMPREHENSIVE PLAN GOALS & POLICIES LAND USE ELEMENT The Land Use Element of the Comprehensive Plan contains goals and policies relating to commercial development, manufacturing/industrial centers, facilitating regional freight mobility, and protection of wetlands. Designated Manufacturing/Industrial Centers are intended to maintain the existing manufacturing and industrial land uses and promote freight mobility. Overall (LU) Goal: Encourage a future growth and development pattern which implements the community's vision, protects environmentally sensitive areas, and enhances the quality of life of all of Kent residents. Goal LU-13 Promote orderly and efficient commercial growth within the existing commercial districts in order to maintain and strengthen existing commercial districts, to minimize costs associated with extension of facilities, and to allow businesses to benefit from their proximity to one another. Goal LU-15 Preserve a portion of the Valley Floor Industrial Area as a Manufacturing/Industrial Center for manufacturing and related land uses. Policy LU-15.1 Define the Manufacturing/Industrial Center as that area within which the most intensive manufacturing, industrial and warehouse uses should locate. Ensure the boundaries reflect accessibility to truck and rail corridors. Policy LU-15.2 Discourage and limit land uses other than manufacturing, high technology and warehousing within the boundaries of the Manufacturing/Industrial Center. Goal LU-16 Plan and finance in the Manufacturing/Industrial Center those transportation and infrastructure systems which can accommodate high-intensity manufacturing, industry and warehouse uses. Staff Comment The recently updated Comprehensive Plan articulates policies to preserve the designated Manufacturing/Industrial Center (Goal LU-15, and Policies LU-15.1 and LU-1.2) by discouraging Land Use and Planning Board Public Hearing November 22,2004 Page 1 I of 27 58 and limiting uses neitheF associated with manufacturing, high technology nor warehousing. While the buildable lands inventory for industrial use (employment growth) would also need to be analyzed to reflect any anticipated changes for employment, the Puget Sound Regional Council (PSRC) would not be opposed in principle to a change as proposed in this application. The designation would allow department store retail. COMMUNITY DESIGN ELEIIIIENT The Community Design !Element of the Comprehensive Plan contains several goals and policies relating to the aesthetic impacts of commercial development, on- and off-site improvements, circulation patterns, and vehicular and pedestrian access: Goal CD-1 Es tablish street and circulation patterns that encourage walking, bidycling, and transit use. Goal CD-2 InOorporate amenities and features along neighborhood residential and commercial streets that accommodate safe motor vehicle, pedestrian, biclycle, and transit use. Policy CD-2.3 De$ign intersections with appropriate signage and traffic control devices to safely accommodate pedestrian, bicyclists, and vehicular traff'fic. Construct intersections with the minimum dimensions and turking radii necessary to maintain established levels of service per the concurrency requirements of the Growth Management Act. Policy CD-2.7 In General, construct sidewalks on both sides of all new streets. In industrial districts, sidewalks may not be appropriate, unless significant pedestrian traffic is projected, the absence of a sidewalk poses a public saf�ty risk, or the streets are on existing or planned transit routes. Goal CD-3 Est$blish site design standards that encourage pedestrian and bicycle use; Consider equally during site design all modes of transportation access, including pedestrian, bicycle, transit and automobile. Policy CD-3.1 Est4blish design standards which ensure that commercial, industrial, residential, and public building sites provide convenient, direct access for(pedestrians and bicyclists. Policy CD-3.3 Encourage development to orient around existing and proposed transit stops and to provide pedestrian amenities and convenient access to the tra*t stops. Goal CD-4 Design new commercial projects to accommodate pedestrians, bicyclists, transit users, and motor vehicles. Policy CD-6.2 Encourage developers of large-scale retail stores to provide smaller- scale retail shops with separate entrances along the perimeter of the building to provide interest, easy access, and more diverse shopping opp rtunities. Policy CD-6.4 Encourage ground floor building facade treatments and activities that gene] ate pedestrian interest and comfort. Large windows, canopies, arcades, plazas and outdoor seating are examples of such amenities. Policy CD-7.1 Wor! with the business community and neighborhood residents to make aesthetic and functional improvements to commercial areas. Land Use and Planning Board Pudic Hearing is November 22,2004 Page 12 of 27 59 Improved image and appeal will increase sales potential and enhance the character of the City. Staff Comment Given the height and scale of the existing building and the size of the Site in relation to its surroundings, the proposal is not likely to introduce development that is incompatible in design (height, bulk, and scale) and intensity of use. Any aesthetic impacts will likely relate to the treatment of vehicular access from 208th Street, as well as ensuring safe and attractive improvements for pedestrian and bicycle access. TRANSPORTATION ELEMENT The Transportation Element of the Comprehensive Plan contains several goals and policies relating to coordination of development and road improvements, and the relationship between industrial and commercial land uses and the transportation system: Policy TR-1.1 Locate commercial, industrial, multifamily, and other uses that generate high levels of traffic in designated activity centers around intersections of principal or minor arterials or around freeway interchanges. Policy TR-1.2 Coordinate new commercial and residential development in Kent with transportation projects to assure that transportation facility capacity is sufficient to accommodate the new development, or a financial commitment is in place to meet the adopted standard within six years, before allowing it to proceed. Policy TR-1.4 Manage access along all principal and minor arterial corridors, and access points to residential, commercial, and industrial development. Consolidate access points during development review, as part of road improvement projects, or as part of land use redevelopment projects. Policy TR-1.5 Ensure consistency between land use and transportation plans so that land use and adjacent transportation facilities are compatible. Policy TR-1.7 Promote land use patterns which support public transportation. Policy TR-1.8 Promote land use patterns which support public transportation and insure the development includes transit-friendly features. Goal TR-2 Provide a balanced transportation system that recognizes the need for major road improvements to accommodate multiple travel modes. Create a comprehensive street system that provides reasonable circulation for all users throughout the City. Policy TR-2.2 Coordinate implementation of street construction standards for each functional classification with policies in the Transportation Element to provide attractive, safe facilities that complement the adjacent land use. Goal TR-3 Reduce disruptions which degrade the safety and reasonable functioning of the local transportation system. Policy TR-3.3 Establish a network of heavy commercial freight routes to insure the mobility of goods and services, as well as of people, and to improve the reliability of freight mobility. Land Use and Planning Board Public Hearing November 22,2004 Page 13 of 27 Policy TR-3.5 (Mork with major institutions, Activity Centers, and employers via - COmmute Trip Reduction Program and the promotion of alternatives to single occupancy vehicle (SOt9 use to reduce congestion and enhance safety. Goal TR-7 Improve the non-motorized transportation system for both internal cirfculation and linkages to regional travel, and promote the use of non- m0torized transportation. Policy TR-7.4 Esitablish a network of bicycle routes within the City to connect those /arid uses likely to produce significant concentrations of bicycle usage. Work with interested parties in the planning of such a network. Policy TR-7.6 Whenever practical, provide safe access for pedestrians and bicyclists to transit stops. Policy TR-7.8 Whenever practical, using incentives or regulatory means, encourage bic�cle storage facilities with adequate lighting at residential deg a/opment projects, park and rides lots, employment and industrial centers, schools,Activity Centers and retail areas. Staff Comment The existing office development and the extensive amount of surface parking space on the Site is underutilized. Access to 84"' Avenue S (East Valley Highway) would be restricted or prohibited. The additional trips generated impacting the existing intersection of S 208"' Street and 84"' Avenue S (East Valley Highway) ( Ould need to be addressed with signalization improvements as well as off-site street improvements for the privately-owned S 2081h Street. APPLYING THE STAND4RDS OF REVIEW The amendment v4ill not result in development that will adversely affect the public health, safety, and general welfar6. [KCC 12.02.050(1) & 15.09.050(C)(5)] Staff Comment A 6.26 acre parcel designoted for commercial land use and zoning would allow for more intensive use of an underutilized office building, or subsequent redevelopment of the Site. The amendment would not result in developlment having significant adverse impacts on the public health, safety, and general welfare. The amendment i� 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. [KCC 12.02.050(2) & 15.09.050(C)(4)] Staff Comment The Site has been in office use since it was developed in 1968 (King County Records). The designation of the Site from manufacturing/industrial use to commercial use is not anticipated to significantly reduce the caiDacity of the Puget Sound Regional Council (PSRC)-recognized Kent Manufacturing/Industrial CeInter as an engine for economic development and international trade. The amendment is 6onsistent with other goals and policies of the Comprehensive Plan, and that the amendment will mointain concurrency between the Land Use, Transportation, and Capital Facilities Elements of the Plan. [KCC 12.02.050(3) & 15.09.050(C)(1)] Staff Comment Land Use and Planning Board Pu4lic Hearing November 22,2004 Page 14 of 27 61 The existing use of the Site is non-conforming with the Manufacturinglindustrial Center designation. • The eventual redevelopment of the Site to Gateway Commercial (GWC) Zoning could provide synergistic benefits by encouraging redevelopment of an underutilized office building site. Several of the above listed goals and policies are supportive of locating commercial activity in close proximity to manufacturing and freight distribution uses. Other goals and policies listed above indicate that considerable weight should be given to the protection of adjacent industrial uses from negative impacts associated with intensive commercial development. GWC zoning is intended to serve the purpose of these particular Comprehensive Plan Goals and Policies—to limit the intensity and negative impacts of commercial development on adjacent industrial uses. The proposed rezone is consistent with the Comprehensive Plan. [KCC 15.09.050(C)(2)] Staff Comment Rezoning the Site to Gateway Commercial (GWC)would allow commercial development that would respect the character and scale of adjacent industrial uses, although the uses would have to respect the functions of the designated Manufacturing/Industrial Center. The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated. [KCC 15.09.050(C)(3)] Staff Comment Improvements to the intersection of S 2081h Street and 84`h Avenue S, extending to serve the Site are anticipated to improve access. Given arterial traffic speeds and a lack of pedestrian facilities in the vicinity of the subject site, the City would require improvements for pedestrian travel and public transit use upon development of the site. The subject site could be developed to commercial use in a manner consistent with the proposed designations, as well as in a character fitting the surrounding non-commercial uses. • Recommendation: Staff recommends APPROVAL of this request to designate the subject parcel as proposed to Commercial (C) Land Use and Gateway Commercial (GWC)Zoning. PROPOSAL C LOTTOITOPPANO #CPA-2004-4(C)/#CPZ-2004-5 (KIVA#2042961) #ENV-2004-53(C) (KIVA#2042960) Change in Comprehensive Plan Land Use Map and Zoning Map for property located at 11644 Southeast 240`h Street Applicant(Agent): Jerome Carpenter, Inslee, Best, Doezie & Ryder, P.S. Existing Designation Proposed Change [USE mprehensive Plan LAND SF-6 (Single-Family 6 NS (Neighborhood Ma unit/acre Servicesod ING Districts Map SR-6 (Single-Family 6.05 Nborhood CC (Neigh Commercial unit/acre) Background: The four (4) acre Site, recently created from a lot line adjustment affecting a reduction of a 7.92-acre parcel, consists of one tax parcel located at the northeast corner of Southeast 240"' Street and 1161h Avenue Southeast. A two (2) acre square at the southwest corner of the parcel was zoned Neighborhood Convenience Commercial (NCC) and the remainder of the parcel has been zoned Single-Family Residential, 6.05 Units per Acre (SR-6) since June 2002, when the City Council reviewed the Comprehensive Plan Land Use Map designation and established initial zoning for the DeMarco Annexation area. The Site is generally flat, containing a Land Use and Planning Board Public Hearing November 22,2004 Page 15 of 27 number of temporary anti permanent structures associated with an existing commercial landscaping nursery use. The strut frontage of SE 2401h Street is currently constructed to existing street standards, while the str�et frontage along 116`h Avenue SE north of SE 240`h Street is not currently improved to its design standards. The Site and parcels tc the north, east, south, west and southeast generally are zoned SR-6, although approximately 0.2 acres located directly south of the site at the southeast corner of the intersection of SE 240`h Street and 1161h Avenue SE are zoned NCC. A parcel at the southwest corner of the intersection also is zoned NCC, although intended to be developed as a park. As noted above, the southwlest portion of the subject site parcel is currently zoned NCC. The subject site and parcels in the ivicinity are underdeveloped in regard to current land use and zoning designations. Prior to annexation into tl�1e City of Kent in 2001, the Land Use and Zoning district designations for an eight (8) acre parceh containing the Site changed with the adopted Year 2000 King County Comprehensive Plan Update (Map Amendment #19). The King County Land Use designation changed from Urban Residential High to Commercial Outside of Centers, and the Zoning designation changed froth R-18 (18 dwelling units per acre) to Neighborhood Business. These designations were adopted by King County for the purpose of recognizing the existing commercial (nursery) use on-site (sed King County Comprehensive Plan (December 2002), Chapter 2— Urban Land Use, page 2-14). The Demarco Annexation comprehensive plan amendment and initial zoning process considered several options that would have effectively adopted equivalent Kent designations for the entirO eight (8) acres. In summary, these options were not recommended by the Land Use and Planning Board for adoption — and the City Council adopted a reduced-area (2 acres) Neighborhood Convenience Commercial Zoning District at the northeastern corner of SE 2401h Street& 1161h Avende SE. Issues: The conditjons of the Site and vicinity parcels were considered during the Demarco Annexation comprehensij a plan amendment and initial zoning (AZ-2001-1) process. Split designations for the parceu that includes the present Site were adopted by the Kent City Council in May 2002 after thorough consideration of public comment. Staff analysis from the Demarco Annexation Zoning Staff Deport, issued on May 21, 2001, relating to the intersection bounding the subject site of this amendrl ent proposal reads: "[D]esignating addiirional commercial parcels other than the existing commercial property at the southeastern corner of this intersection [SE 2401h Street & 116a' Avenue SE] would create additional land use pressure to further erode the residential character of this area, and could jeopardie the policy for "corner store" retail. The surrounding neighborhood generally is single family residential, including low densities of one or three dwelling units per acre to the southeast and southwest of the annexation. A zoning designation of MRT-16 at the northeastern corner would bolster the viability of the neighborhood business designation at the southeastern corner, would promote additional homeownership opportunities, would promote a land use pattern that supports public transportation, and also would create a Buffer from the impacts of the intersection on the lower density neighborhoods to the north and east. It also encourages developing the three parcels designated MRT-16 as a unified development proposal with better management of the sensitive areas on the sites.' Concern about expanding the amount of commercial area at the intersection of SE 240`h Street/1161h Avenue SE was addressed by limiting the neighborhood commercial designation of the subject site to two (2) acres. A lot line adjustment effected a reduction in size of the site from the 7.92 acres last year to fopr (4) acres this year, with the remaining 3.92 acres included in an application for a single-family residential planned unit development(PUD). RELEVANT COMPREHgNSIVE PLAN GOALS & POLICIES is Land Use and Planning Board Pul lic Hearing November 22,2004 Page 16 of 27 63 LAND USE ELEMENT The Land Use Element of the Comprehensive Plan contains goals and policies relating to neighborhood commercial development, activity centers and commercial, facilitating multi-modal transportation. The Plan distinguishes between small neighborhood service areas and larger activity center areas. Overall (LU) Goal: Encourage a future growth and development pattern which implements the Community's vision, protects environmentally sensitive areas, and enhances the quality of life of all Kent residents. Goal LU-2 Establish a land use pattern throughout the Potential Annexation Area that will facilitate a multi-modal transportation system and provide efficient public facilities. Ensure that overall densities in the Potential Annexation Area are adequate to support a range of urban services. Policy LU-2A Establish transportation levels-of-service which will help guide development into desired areas. Policy LU-2.2 Concentrate development in order to promote public transit. Policy LU-2.4 Give funding priority to capital facility projects which are consistent with the City's Land Use Element. Goal LU-3 Focus both city and regional household and employment growth in the designated Urban Center. Policy LU-3.2 Focus office employment growth in the Urban Center as a percentage of overall mixed-use development. Goal LU-6 Designate Activity Centers in portions of the City and in the Potential Annexation Area. Allow in these areas a mix of retail, office, and residential development Policy LU-6.1 Locate Activity Centers in areas which currently contain con- centrations of commercial development with surrounding medium- density housing. Intensify these areas to support public transit to increase housing options. Policy LU-6.2 Allow residential uses in Activity Centers. Develop residential uses as part of a commercial area in a mixed-use development or on a stand- alone basis in designated areas. Goal LU-7 Develop Activity Centers in such a way as to facilitate pedestrian, cyclist, public transit, and vehicular circulation. Policy LU-9.4 Locate housing opportunities with a variety of densities within close proximity to employment, shopping, transit, and where possible, near human and community services. Goal LU-13 Promote orderly and efficient commercial growth within the existing commercial districts in order to maintain and strengthen existing commercial districts, to minimize costs associated with the extension of facilities, and to allow businesses to benefit from their proximity to one another. Land Use and Planning Board Public Hearing November 22,2004 Page 17 of 27 6 Goal LU-14 Deltermine the size, function, and mix of uses in the City's commercial districts based on regional, community, and neighborhood needs. Policy LU-14.2 Provide opportunities for residential development within existing bu#iness districts to provide support for shops, services, and employment within walking distance. i Policy LU-14.5 Encourage commercial design elements which will minimize impacts to surrounding established residential uses for all new development and redevelopment in the existing Neighborhood Commercial zoning disitrict. Ensure that projects are pedestrian-oriented and developed wito minimum parking provisions. Policy LU-14.6 DisPourage expansion of Neighborhood Service land uses in areas where the adjacent land use designation is predominately single-family. Policy LU-14.7 Proknote redevelopment of existing commercial properties by limiting the conversion of residential land uses to commercial land uses. Policy LU-14.8 Endure that commercial and mixed-use developments adjacent to exfslting single-family residential areas are compatible in height and scale. Establish guidelines for design of edges where commercial and mixed-uses abut single-family use and medium- and low-density residential. Goal LU-24 Encourage well designed, compact land use patterns to reduce dep¢ndency on the automobile, and thereby improve air and water quality and conserve energy resources. Establish mixed-use commercial, office, and residential areas to present convenient oppgrtunities for travel by transit, foot, and bicycle. i Staff Comment Kent City Code Section 15.02.010, Establishment and designation of districts, provides the following purpose statemenit for the Neighborhood Convenience Commercial Zoning District (NCC): "it is the purpose of the NCC district to provide small nodal areas for retail and personal service activities co venient to residential areas and to provide ready access to everyday convenience goods for the residents of such neighborhoods. NCC districts shall be located in areas designated I or neighborhood services in the comprehensive plan." This proposal, particularly irk regards to the scale of neighborhood-oriented commercial use, is more consistent with the cited Land Use Element Goals and Policies than in past proposals, primarily through the reduction of thelsize of the Site (see CPA-2003-4(8), Lotto). Specifically, this proposal conflicts less with Goal LU-113, which encourages "orderly and efficient commercial growth...in order to maintain and strengthens, existing commercial districts, to minimize costs associated with the extension of facilities, and t0 allow businesses to benefit from their proximity to one another." Yet, the existing Neighborhood Oonvenience Commercial (NCC) Zoning districts in the vicinity of the Site have still not been developed since their designation. Expanding the area of this zoning district at the northeastern corner of SE 240"' Street & 116t" Avenue SE beyond the existing two (2) acre portion bypasses the initial s ep of redeveloping commercial uses in an area already designated for Neighborhood Services, an could therefore be seen as conflicting with Policies LU-14.6 and LU- 14.7. Additionally, a 2001 Urban Land Institute publication entitled Ten Principles for Reinventing Land Use and Planning Board Pubic Hearing November 22,2004 Page 19 of27 65 America's Suburban Strips (see Attachment B) previously provided to the Board, recommends • limiting expansion of commercial zones when existing commercially-zoned land is underdeveloped. The buildable lands inventory for housing (population growth) might also need to be revised to reflect a decrease in capacity of approximately twelve (12) single-family detached units. Policy LU- 14.8 focuses on the "design of edges" and "compatibility of height and scale" where commercial uses and adjacent residential (whether single-family or multifamily) uses meet. Aesthetic and privacy conflicts are anticipated with the height, bulk and scale of commercial development, which is also discussed briefly in the Community Design Element section. The potential for the development of a mix of commercial uses appropriately located in proximity to residential uses, is desirable in the view of several Comprehensive Plan Goals and Policies. If the area around the intersection of SE 240'h Street & 116`h Avenue SE is designated as an Activity Center, this will be especially true (Goals LU-6 and LU-7, Policies LU-6.1, LU-6.2, and LU-9.4). At present, the development regulations and standards of the City do not provide meaningful differentiation of Neighborhood Convenience Commercial (NCC) Zoning from Community Commercial (CC) Zoning — particularly in regards to the scale of development, permitted uses and mixing of uses to include residential. Future consideration of Activity Centers may address some of the issues relating to differentiation of the appropriate scale of commercial development based on zoning, and whether the commercial area serves a regional, local, or neighborhood market. COMMUNITY DESIGN ELEMENT The Community Design Element of the Comprehensive Plan contains several goals and policies relating to the aesthetic impacts of commercial development, on- and off-site improvements, circulation patterns, and vehicular and pedestrian access: Goal CD-1 Establish street and circulation patterns that encourage walking, bicycling, and transit use. Goal CD-2 Incorporate amenities and features along neighborhood residential and commercial streets that accommodate safe motor vehicle, pedestrian, bicycle, and transit use. Policy CD-2.1 Establish, particularly in conjunction with new development, distinctive crosswalks at major street intersections in neighborhood mixed-use centers, commercial corridors, transit stops, in proximity to parks, and school sites. Policy CD-2.3 Design intersections with appropriate signage and traffic control devices to safely accommodate pedestrian, bicyclists, and vehicular traffic. Construct intersections with the minimum dimensions and turning radii necessary to maintain established levels of service per the concurrency requirements of the Growth Management Act. Policy CD-3.3 Encourage development to orient around existing and proposed transit stops and to provide pedestrian amenities and convenient access to the transit stops. Goal CD-4 Design new commercial projects to accommodate pedestrians, bicyclists, transit users, and motor vehicles. Policy CD-4.1 Encourage site and building access that considers the needs of pedestrians and bicyclists by providing the most direct pedestrian access from sidewalks and parking areas to building entrances while minimizing conflicts with motor vehicle traffic. Land Use and Planning Board Public Hearing November 22,2004 Page 19 of 27 6 Policy CD-4.5 Lgcate motor vehicle parking at the rear of buildings to help block the yr w of the parking from the street and to enable more convenient access to the front of the buildings. Where it is not possible to provide Perking behind a building, parking may be located along the side. Si�nage for parking should be a recognized standard to be di$tinguishable for motorists, unless otherwise specified in district d�sign guidelines. Goal CD-6 Provide scale, layout, and character of commercial development which is complimentary to the surrounding neighborhood and accommodating to pedestrians. Policy CD-7.1 Wbrk with the business community and neighborhood residents to m�ke aesthetic and functional improvements to commercial areas. Improved image and appeal will increase sales potential and enhance the character of the City. Policy CD-15.1 Whenever possible, encourage a land use pattern wherein churches, stores, services, parks,jobs, entertainment, transportation, and schools are within walking distance of a person's place of residence. Staff Comment This proposal may introOuce development that is incompatible in design (height, bulk, and scale) and use intensity with n6ighboring residential uses, in conflict with Goal CD-6, but the size of the Site provides for a more reasonable layout. Any aesthetic impacts will likely be compounded by the treatment of vehicular access and parking; limiting these impacts should be addressed through Goal CD-4, and Policies CD-4.1 and CD-4.5. Neighborhood Convenience Commercial (NCC) Zoning provides opportunities for development of an integrated, walkable community of commercial uses in close proximity t moderate density residential use. However, NCC Zoning also allows for development of convenience stores and gas stations — neither of these uses are associated primarily with pedestriah-accessibility, and may create impacts contrary to the intent of the Comprehensive Plan regarding commercial development. The existing two (2) acre NCC-zoned portion has reasonable vehicular access (see testimony of City of Kent Public Works Director Don Wickstrom in Kent City ICouncil Meeting minutes, May 21, 2002, and electronic communication dated May 15, 2002 fror� City Transportation Engineering Manager Steve Mullen to City Planning Manager Charlene Anderson regarding access — cited in CPA-2003-4(8), Lotto), yet is scaled to encourage pedestrian access to and from the existing residential neighborhood. TRANSPORTATION ELEME T The Transportation Elem nt of the Comprehensive Plan contains several goals and policies relating to coordination of developpment and road improvements, and the relationship between commercial land use and the transportation system: i Policy TR-1.1 Locate commercial, industrial, multifamily, and other uses that generate high levels of traffic in designated activity centers around intersections of erincipal or minor arterials or around freeway interchanges. Policy TR-1.2 Cojordinate new commercial and residential development in Kent with transportation projects to improve affected roadways. Policy TR-1.5 Ensure consistency between land use and transportation plans so that lanjd use and adjacent transportation facilities are compatible. Policy TR-1.7 Promote land use patterns which support public transportation. Land Use and Planning Board Public Hearing November 22,2004 Page 20 of 27 i 67 Policy TR-1.8 Create land uses in the downtown and commercial areas which better • support transit and reduce peak-hour trip generation. Policy TR-4.1 Maximize traffic flow and mobility on arterial roads, especially on regional through routes, while protecting local neighborhood roads from increased traffic volumes. Policy TR-4.2 Provide a balance between protecting neighborhoods from increased traffic and reducing accessibility for the City-wide road network. Policy TR-4.3 Balance the dual goals of providing accessibility within the local street system and protecting neighborhoods. Where overflow traffic from the regional system significantly impacts neighborhoods, protect the residential area. Policy TR-4.9 Reduce the disruptive impacts of traffic related to major institutions, activity centers, and employers via trip-reduction efforts, access/egress controls, and provision of alternatives to SOV use. Policy TR-7.2 Whenever practical, use incentives or regulations to encourage new construction to promote pedestrian and bicycle movements to pathways, transit services and arterials. Staff Comment The additional trip generation impacts from increasing the size of a commercial designation by two hundred-percent (200%), from two (2) to four (4) acres could cause deterioration of arterial level-of- service. The vehicular and pedestrian access issues, particularly noting the opportunities for the existing two (2) acre NCC-zoned corner portion, are addressed above in the staff comments on . Community Design, APPLYING THE STANDARDS OF REVIEW The amendment will not result in development that will adversely affect the public health, safety, and general welfare. [KCC 12.02.050(1) & 15.09.050(C)(5)] Staff Comment Designating the two (2) acre subject portion of the parcel Neighborhood Services and Neighborhood Convenience Commercial (NCC) would allow development that would impact adjacent residents, although the development would likely be neighborhood-oriented. The potential impacts include increased traffic generation, access conflicts, reduction of residential privacy, as well as land use (if the commercial development is automobile-oriented adjacent to residential use) and aesthetic (noise, light and glare)conflicts. 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. [KCC 12.02.050(2) & 15.09.050(C)(4)] Staff Comment The applicant has asserted the inadequacy of the existing two-acre commercial designation for meeting current standards for driveway spacing from signalized intersections on minor arterials and for feasibly developing NCC uses. The applicant has also stated the City Council did not take into account locations of the existing structures and operations when it designated the two-acre commercial area in 2002. Furthermore, the applicant asserted the July, 2003 adoption of Ordinance No. 3648 provided new information and changed circumstances in that the ordinance amends land uses, development standards, design techniques, signage and landscaping . requirements in the NCC zoning district. During the 2003 Comprehensive Plan Amendment Land Use and Planning Board Public Hearing November 22,2004 Page 21 of 27 process, staff found not new information substantiating a change in conditions or circumstances since the Site was designated as Single-Family Residential, Six Units per Acre (SF-6 Land UseiSR- 6 Zoning) per the DeMa►lco Annexation Zoning Ordinance (#3605), adopted in May 2002. Staff also argued that the refinement of NCC zoning standards in 2003 did not provide new information or changed circumstancesi relevant for establishing additional neighborhood commercial zones. Rather the standards roaffirmed the goals and policies of the comprehensive plan related to neighborhood commercial areas as small scale, pedestrian-and neighborhood-oriented areas. Since the 2003 application, the applicant has succeeded in adjusting the lot line of the parcel containing the existing NCC-zoned portion of the Site. The applicant also recently demolished the single-family detached Unit formerly located on the Site. These changes alone do not merit amendment of the Comprehensive Plan and Zoning designations for the Site. The amendment is consistent with other goals and policies of the Comprehensive Plan, and that the amendment will maintain concurrency between the Land Use, Transportation, and Capital Facilities Elements of the]Plan. [KCC 12.02.050(3) & 15.09.050(C)(1)] Staff Comment The subject site, as proposed, totaling four (4) acres of commercially-designated property could encourage neighborhood1oriented development. However, NCC Zoning allows automobile-oriented development that could inn,pose significant unavoidable negative impacts likely to diminish the value of neighboring parcels asI residential uses. The intensity of commercial development encouraged by the amendment would�be more appropriately located in Activity Centers, as noted in Policy LU- 6.1. The proposed rezone is consistent with the Comprehensive Plan. [KCC 15.09.050(C)(2)] Staff Comment Rezoning the remaining subject portion.of the four (4) acre parcel to Neighborhood Convenience Commercial (NCC) could!allow automobile-oriented development that would significantly impact adjacent residents. These] potential impacts include increased traffic generation, access conflicts, reduction of residential pri*y, as well as land use and aesthetic (noise, light and glare) conflicts. The scope and extent of these impacts, in consideration of maintaining quality residential neighborhoods, are not consistent with the Comprehensive Plan. If the development regulations and standards for NCC Z ning clearly limited such automobile-oriented uses and instead allowed development consistent wish the vision of Activity Center goals and policies, the proposal would be more consistent with the Comprehensive Plan. Further consideration of differentiating commercial zoning and development standards by regional, local, and neighborhood market areas is needed to ensure development appropriate to the vision of the Comprehensive Plan (Goal LU-14). The proposed rezo a will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated. [KCC 15.09.050(C)(3)] Staff Comment Given arterial traffic speed$ and a lack of pedestrian facilities in the vicinity of the subject site, the City would require significant improvements for pedestrian travel and public transit use upon development of the site. The applicant's claim that the existing two (2) acre comer portion (currently zoned NCC) doe not have sufficient frontage to locate 'convenient' driveway access for commercial use does not gree with testimony from the City of Kent Public Works Department given during the public hea ing on DeMarco Annexation zoning in May 2002. Goal CD-3 calls for establishing "...site design standards that encourage pedestrian and bicycle use. Consider equally during site design all modes of transportation access, including pedestrian, bicycle, transit and automobile." Neighborhood Services Land Use and Neighborhood Convenience Commercial iZoning are intended to emphasize pedestrian-scaled commercial development design, while accommodating the automobile. A four (4) acre parcel entirely Land Use and Planning Board Pul lic Hearing November 22,2004 Page 22 of 27 69 designated for commercial development should encourage development at a scale similar to the . NCC district located at the southeast corner of Southeast 24U' & 1161' Avenue Southeast. However, the impacts of automobile-oriented uses permitted in NCC would have adverse impacts on the transportation system. Recommendation: Staff recommends DENIAL of this request to redesignate the subject two (2) acre portion of the parcel as proposed to Neighborhood Services (NS) Land Use and Neighborhood Convenience Commercial (NCC) Zoning. PROPOSAL D MUTH #CPA-2004-4(D)I#CPZ-2004-6 (KIVA#2042984) #ENV-2004-53(D) (KIVA#2042982) Change in Comprehensive Plan Land Use Map and Zoning Map for property located at 21320 —42nd Avenue South Applicant (Agent): Richard Rawlings, Polygon, LLC Existing Designation Proposed Change Comprehensive Plan LAND AG-R (Agricultural SF-1 (Single-Family 1 USE Map Resource Land) unit/acre ZONING Districts Map A-10 (Agricultural, 10 SR-1 (Single-Family 1 acreslunit) unit/acre Background: The 15.35 acre Site consists of two (2) tax parcels and is located at the southeast corner of South 212th Street and 42nd Avenue South. The terrain of the Site can be characterized • as flat, with a substantial amount of delineated wetland area in the west. Current zoning for the property recognizes its status as agricultural land of commercial significance. The development rights for the entire Site were purchased by King County in the early 1980s. Issues: Resolution of the ownership of development rights, and possible changes thereto for the Site will be necessary for the City to consider this application further. Although the applicant has identified stormwater detention as the sole desired use of the property, the buildable lands inventory for housing (population growth) would also need to be revised to reflect a potential increase in capacity. RELEVANT COMPREHENSIVE PLAN GOALS & POLICIES LAND USE ELEMENT The Land Use Element of the Comprehensive Plan contains goals and policies relating to agricultural resource land protection, recognition of natural systems, protection of wetlands, and provision of public services. Overall (LU) Goal: Encourage a future growth and development pattern which implements the Community's vision, protects environmentally sensitive areas, and enhances the quality of life of all Kent residents. Goal LU-21 Foster recognition of the significant role played by natural features and systems in determining the overall environmental quality and livability of the community. Goal LU-22 Coordinate with appropriate individuals and entities to create a long- term, sustainable relationship among local and regional natural 0 resource protection entities, for future growth and economic Land Use and Planning Board Public Hearing November 22,2004 Page 23 of 27 7 development, through enhancement of wildlife, fisheries, and reOreational opportunities; protection of cultural resources; protection of water quality in wetlands, aquifers, lakes, streams, and the Green Rider; provision of open space and screening to reduce impacts of development; protection of environmentally sensitive areas to preserve NO, property, water quality and fish and wildlife habitat;and retention of the unique character and sense of place provided by the City's natural feajtures. Policy LU-22.1 Provide incentives for environmental protection and compliance with enWonmental regulations. Foster greater cooperation and education am�ng City staff, developers, and other citizens. Determine the eft ctiveness of incentives by establishing monitoring programs. Policy LU-22.2 Cobtinue to evaluate programs and regulations to determine their eff@ctiveness in contributing to the conservation and recovery of ESA listed species. Policy LU-22.3 Co0inue to participate in regional and WRIA planning efforts to support the conservation of listed species. Goal LU-23 Proect and enhance environmentally sensitive areas via the adoption of City regulations and programs which encourage well-designed land use patterns such as clustering and planned unit development. Use sucp land use patterns to concentrate higher urban land use densities and intensity of uses in specified areas in order to preserve natural features such as large wetlands, streams, geologically hazardous areas, and forests. Goal LU-24 Encpurage weft designed, compact land use patterns to reduce dependency on the automobile, and thereby improve air and water quality and conserve energy resources. Establish mixed-use commercial, office, and residential areas to present convenient opportunities for travel by transit, foot, and bicycle. Goal LU-25 Ensure that the City's environmental policies and regulations comply with! state and federal environmental protection regulations regarding air end water quality, hazardous materials, noise and wildlife and fisheries resources and habitat protection. Demonstrate support for environmental quality in land use plans, capital improvement programs, cod@ enforcement, implementation programs, development regulations, an site plan review to ensure that local land use management is consistent with the City's overall natural resource goals. Policy LU-26.2 Protoct wetlands not as isolated units, but as ecosystems, and essential elements of watersheds. Base protection measures on wetland functions and values, and the effects of on-site and off-site activities. Policy LU-26.3 When jurisdictional boundaries are involved coordinate wetland protection and enhancement plans and actions with adjacent jurisOictions and the Muckleshoot Indian Tribe. Land Use and Planning Board Public Hearing November 22,2004 Page 24 of 27 71 Policy LU-26.4 Maintain rivers and streams in their natural state. Rehabilitate degraded • channels and banks via public programs and in conjunction with proposed new development. Policy LU-28.1 Encourage enhancement of existing environmental features such as rivers, streams, creeks, and wetlands. Policy LU-28.2 Promote the creation and preservation of natural corridors adjacent to areas such as the Green River, Soos Creek, and other streams and wetlands within the City of Kent for fish and wildlife habitat, open space and passive recreation. Whenever possible, preservation of these lands should link other pro-perties with similar features to create a natural corridor. Goal LU-30 Ensure the conservation and enhancement of productive agricultural land via regulation, acquisition, or other methods. Staff Comment No comment. COMMUNITY DESIGN ELEMENT The Community Design Element of the Comprehensive Plan contains a policy relating to the appropriate public acquisition of open space. Goal CD-18.1 Where appropriate, identify and acquire an open space system that links, parks, greenbelts, wildlife habitats, stream corridors, wetlands, • and other critical areas. Impacts on the environmental functions of critical areas shall be considered in the development of open space system links. Staff Comment No comment. TRANSPORTATION ELEMENT The Transportation Element of the Comprehensive Plan contains several goals and policies relating to coordination of development and road improvements, and the relationship between residential land use and the transportation system. Policy TR-1.2 Coordinate new commercial and residential development in Kent with transportation projects to assure that transportation facility capacity is suffic-lent to accommodate the new development, or a financial commitment is in place to meet the adopted standard within six years, before allowing it to proceed. Policy TR-1.5 Ensure consistency between land use and transportation plans so that land use and adjacent transportation facilities are compatible. Policy TR-1.7 Insure the transportation system is developed consistent with the anticipated development of the land uses, and acknowledge the influence of provid-ing transportation facilities to accelerate or delay the development of land uses, either by type or area. • Land Use and Planning Board Public Hearing November 22,2004 Page 25 of 27 72 Goal TR-10 Coordinate transportation operations, planning, and improvements with the State, the County, neighboring jurisdictions, and all transportation planning agencies to ensure the City's interests are weft represented in regional planning strategies,policies and projects. Staff Comment No comment. CAPITAL FACILITIES ELEMIENT The Capital Facilities E Dement of the Comprehensive Plan contains several goals and policies relating to coordination of the finance and development of public infrastructure improvements. Policy CF-1.3 To! ensure financial feasibility, provide needed public services and facilities that the City has the ability to fund, or that the City has the authority to require others to provide. Policy CF-1.5 Co rdinate the review of non-City managed capital facilities plans to en4ure consistency with the City of Kent Comprehensive Plan. Policy CF-2.3 Coordinate with other jurisdictions and providers of services and facilities to ensure that the provision of services and facilities are ge erafty consistent for all Kent residents, businesses, and others enjoying City services and facilities. Goal CF-15 Ensfure that public utilities services throughout the City, its Potential Annexation Area (PAA) and other areas receiving such services are adequate to accommodate anticipated growth without significantly de&ading the levels-of-service for existing customers. Staff Comment No comment. PARKS&OPEN SPACE ELE' ENT The Parks & Open Space,Element of the Comprehensive Plan contains several goals and policies relating to coordination of the finance and development of public infrastructure improvements. Policy P&OS-1.2 Acquire and preserve habitat sites that support threatened species and urban wildlife habitat, in priority corridors and natural areas with habitat value such as the Green River Corridor, the Green River Natural Resources Area (GRNRA), North Meridian Park, Soos Creek, Mill Creek, and iVark Lake Park. i Goal P&OS-2 Preserve and provide access to significant environmental features, wh0e such access does not cause harm to the environmental functions associated with the features. Policy P&OS-2.2 Acquire, and where appropriate, provide limited public access to envirlonmentally sensitive areas and sites that are especially unique to the rent area, such as the Green River, Soos Creek, Garrison Creek and Mill Creek corridors, the Green River Natural Resources Area (GRNRA), and the shorelines of Lake Meridian, Panther Lake, Lake Fenwick, and Clary Lake. Staff Comment Land Use and Planning Board Public Hearing November 22,2004 Page 26 of 27 73 No comment. • APPLYING THE STANDARDS OF REVIEW The amendment will not result in development that will adversely affect the public health, safety, and general welfare. [KCC 12.02.050(1) & 15.09.050(C)(5)] Staff Comment See following comment. 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. [KCC 12.02.050(2) & 15.09.050(C)(4)] Staff Comment The City Council recently established the existing land use and zoning designation. The AG-R designation recognized the fact that the development rights on the parcel had previously been purchased by King County for agricultural and open space preservation. To date, there has been no change to the ownership of the development rights. Therefore, redesignation of this property is premature. The amendment is consistent with other goals and policies of the Comprehensive Plan, and that the amendment will maintain concurrency between the Land Use, Transportation, and Capital Facilities Elements of the Plan. [KCC 12.02.050(3) & 15.09.050(C)(1)] Staff Comment See previous comment. The proposed rezone is consistent with the Comprehensive Plan. [KCC 15.09.050(C)(2)] Staff Comment See previous comment. The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts which cannot be mitigated. [KCC 15.09.050(C)(3)] Staff Comment See previous comment. Recommendation: Staff recommends DENIAL without prejudice of this request to redesignate the subject 15.35 acre parcel as proposed until the issue of development rights ownership is resolved by the applicant. If there are any questions prior to the hearing, please contact William Osborne at(253) 856-5437. WO1pm s:lPermitlPlanlCompPlanAmdments1200412042937-cpa2004-4a-d-LUPBpubhrg112204.doc Eric: Attachment A:City of Kent Development Assistance Brochure 6-3(Access Management) Attachment B:Urban Land Institute,Ten Principles for Reinventing America's Suburban Strips,pages 8-9 Attachment C:Puget Sound Regional Council,2002 Regional Growth Centers Report:Kent Manufacturing/Industrial Center Attachment D:Maps of 2004 Comprehensive Plan Amendments Attachment E:Summary Matrix of 2004 Comprehensive Plan Amendments • Land Use and Planning Board Public Hearing November 22,2004 Page 27 of 27 7 This page intentiona0y left blank. i i - 75 0GHA VS CNIL ENGINEERING.LAND PLANNING.SURVEYING,ENVIRONMENTALSERVICES �Z January 6,2005 "4U 046 p William Osborne,Planner City of Kent Planning Department 220-4th Avenue South Kent,WA 98032 RE: Lotto Property Comprehensive Plan Map/Zoning Map Amendment Application CPA-2004-4(C)/CPZ-2004-5(KIVA RPP6-2042961)and ENV-2004-53,(C)/KIVA RPSA-2042960 11644 S.E.240th Street, Kent,Washington Our Job No. 11034 Dear William: In response to direction received from the Kent City Council on January 4,2005,we propose on behalf of OUT client the following conditions to the Lotto Comprehensive Plan Map/Zoning Map Amendment • application. These conditions are provided to ensure the property will develop with neighborhood friendly uses consistent with the purpose of the NCC zone and the desire of the surrounding community. The Lotto Comprehensive Plan Map and Zoning Map Amendment is approved with the following conditions: 1. Gasoline service stations are prohibfted. Comment: We proposed this condition separately in writing on December 1,2004. 2. Future developneni of the property shall include a 25 font wide buffer with Type I landscaping provided adjacent to the north mud east property lines. Comment: See the enclosed exhibit for a graphic depiction of the proposed buffer. The buffer equates to approximately 1/2 acre of land,thus limiting development of the remainder of the site to approximately 3 1/2 acres. The Kent City Code does not contain an architectural design review process for commercial developments outside the downtown core; however, we are willing to discuss any and all options available. We respectfully request your endorsement of these conditions as part of your approval recommendation. Our goal is to work closely with City staff for a positive recommendation for the January 19, 2005, Planning and Economic Development Committee hearing. 10 1821572NDAVENUE SOUTH KENT,WA98032 (425)251-8222 (426)251.8782FAX www,barghausen.com 76 I William Osborne,Planner City of Kent Planning Department -2- January 6,2005 Should you have questions or concerns, please contact me immediately. Thank you for considering this request Respectfully, Chris S.Ferko,AICP Senior Planner CSF/vj/ath 11034c,021.doe ene: As Noted cc: Julie Peterson,Kent City Council(w/enc) Tim Clark,Kent pity Council(w/enc) Ron Harmon,Kerjt.City Council(w/enc) Deborah Ranniger,Kent City Council(w/enc) Debbie Raplee,K mt City Council(w/enc) Les Thomas,Kent City Council(w/enc) Bruce White,Kenit City Council(w/enc) Charlene Anders,City of Kent(w/enc) Mike Lotto,Kent East Hill Nursery(w/enc) Angelo Toppano,XCent East Hill Nursery(w/enc) Jerome Carpenter,Inslee,Best,Doezie&Ryder,P.S.(w/enc) Dawn Findlay-Re ,Inslee, Best,Doezie&Ryder, P.S.(w/enc) Eric G.LaBrie,E$M Consulting Engineers LLC(w/enc) i i i i • ' 25' i 1 W I i 374.98' 25-FOOT �, TYPE I BUFFER' W rO* E . I �' (0.45 ACRES) j W ' I 0 50 100 Q SCALE 1' . 100' c7 LOTTOITOPPANO PR I PERTY AREA: 174,260± S.F. (o (4.00± AC.) I T I I ( M T CN I 42'1 N I I \ 388.51' �-------------- ____ 17 16 _ ' . E. 240T 8-r --- zo 21 — — — — Seoler - Q•GHA(/s 18215 72ND AVENUE SOUTH For; Job Number O.� S Horizonfol KENT, WA 98032 LOTTO/TOPPANO COMPREHENSIVE PLAN 11034 42 Z (425) 251-6222 AMENDMENT AND REZONE awe..e ss� (425) 251-8782 FAX Vertical _ - Title BUFFER Sheef �'O1b= 'PO 4,b CIVIL ENGINEERING, LAND PLANNING, owe 12fi/OZ N/A <"IvaENOVA SUING, ENVIRONMENTAL SERVICES EXHIBIT 1 1 Fde:P:\110DOa\I1034\nNbit\11034-zl.E.g Dole/lime:01/06/2005 1436 kole: 1=1 jslelontik Xrefs' 1 _ CITY OF KENT ��� �LjLj OFFICE OF THE CITY COUNCIL / ". SUBJECT: Planning and Econ. Dev. Committee - Notices Sent Date: January 14, 2005 TO: Brenda Jacober, City-Ci�e.rk FROM: Pamela Mottram 0 gl j�5APf�Wq � �SIGNATURE: PaHrela . Copies of the 1/19/05 PLANNING & ECON. DEV. COMMITTEE PaC�,et was distributed as follows: NMI now I Now City Council Members- Full Packet*(7) Deliver to City Clerk's Office-(7) Hard Pam Mottram Tim C, JulieP, BruceW,RonH, LesT,DeborahR,DebbieRaplee Copies)in Cncl Mmbers Mail Boxes Tomb, RobertN, FredS,CharleneA, KimM,Gloria GouldWessen, Email Note: Distribute Hard Copies to: Pam Mottram BrendaJacober, Bill Osborne, KimP, ReneeC Full Packet-(10) FS/CA/KP/RC/BJ >'(5)-hd copies) Web Page -Mary Simmons Agenda&Full Packet Email: Front Page Mary Simmons King County Journal Place in Box @-City Clerks- Full Packet FAX: 9-872-6611 >>Agenda Pam Mottram Kent Reporter- Agenda FAX: Michelle Gisi- 9-437-6026 Pam Mottram ip Marcelle Pechler,Chamber of Commerce Full Packet Email: MpechlerCcilkentchamber.com Pam Mottram Garrett Huffman,SKCtyMgr 425451-7920E>d236 Full Packet mail: ghuffmanCa�mbaks.com Pam Mottram Master Blders Assoc,335 1161"Ave SE, Bellevue, WA 98004 Don Shadier,KentCARE.S,2070North St,Seattle,WA98103 US Mail (1) William T. Miller,827 W.Valley Hwy#95,Kent 98032 Agenda Us Mail (KBAB) Pam Mottram Michael D. Manderville, 11415 SE 196 , Renton 98055 Agenda ' S Mail (KBAB) Pam Mottram Dave Tervo,4319 S. 239 , Kent 98032 Agenda, S Mail Pam Mottram Ryan Zulauf, 24502 98 A e. . nt 98030 Agenda' US Mail Pam Mottram JStorment„EdCrawford, rom,GGill,JHodgson, Email Pam Mottram BLopez,RGivens,KSenecaut, KSprotbery, MayorWhite, MMartin, BColeman, BHutchinson, NTorgelson,TWhite,JSchneider, AGENDAS(37) MHubner, SMullen, LFlemm, BBilodeau,CHolden, JMorrow, CBarry, SHeiserman, MGilbert, CHankins, KHanson,DHooper, RK-ry'StiansenTtrft1AAU1aV . • LUPB Members:Jon Johnson, Greg Worthing, Kenneth Email Wendling,Steve Dowell, David Malik, Elizabeth Watson,Theresa AGENDAS(7) Ferguson Seattle Post Intelligencer(P.I.) Agenda mail:citvdesk(a�seattlepi.com Pam Mottram Kelly Snyder, Roth Hill Engineering Agenda mail: ksnvder(& othhill.com Pam Mottram Pam Cobley, Roth Hill Engineering Agenda mail: pcobley@rothhill.com Pam Mottram 14450 NE 29`"Pl,Suite 101, Bellevue, WA 98007 Shaunta Hyde,The Boeing Co., 206-655-3640 Agenda mail: shaunta r hvdeCDboeing.com Pam Mottram Local Gvnmt Relatns Mgr P.O. Box 3707 MC 14-49, Seattle,WA 98124, Ted Nixon,Campbell/Nixon Assoc. Agenda mail:ten@cn-architects.com Pam Mottram 10024 SE 2401h, Suite 102, Kent 98031 Puget Sound Energy(1-800-321-4123) Agenda Email: gnomen@puget.com Pam Mottram Pam Mottram Lobby of City Hall Agenda OSTED KDP-Kent Downtown Partnership-Jacquie Alexander Agenda mail: kdp@kentdowntown.org Pam Mottram David Hoffman, 25334 45 Ave S, Kent,98032-4223 Agenda mail: David W.Hoffmane Boeing.Com Pam Mottram (KBAB) Hm:253-852-4683 Wk:253-773-2861 Melvin L. Roberts,9421 S.2415 St., Kent 98031 Agenda mail: Melvin L.Roberts@Boeing.com Pam Mottram (KBAB) Hm:253-854-0952 Wk:425-865-3695 Jacob W.Grob,5408 S.236 St., Kent 98032-3389 Agenda. mail:Jacob W Grob@Boeing.com Pam Mottram (KBAB) Hm:253-813-3809 Wk:425-234-2664 Steven M. Nuss,26220 42" Ave. S, Kent,98032 Agenda Email: SteveNussORedDotCorp.com Pam Mottram (KBAB) H. :253-854-7561 -[-7_ ' Thomas Hale,23327 115 PI SE, Kent 98031-3426 Agenda Mail: sthale2(a-comcast net Pam Mottram (KBAB) 1Hm:253-854-0734 13-Full Packets+2 for Mtg (7 Original Letterhead Agenda Covers for CC) 4 Hd copy-Agendas (Revised list—11/22104) SAPermitlPlanoanning Committee120D51Distribution%PC-distributlonoll905.doc T 2004 Comp Plan Amendments 2004 Comp Plan Amendments 12/20/04 Mailing List: Mailing List: 10 ed Parties of Record List MUTH AMENDMENT— LOTTOITOPPANO AMENDMENT ENV 2004-53(D/CPA-2004-4(D): ENV-2004-53(C) CPA-2004-4(C): Read Down Read Down 2004 CompPlan Amendments AppllcantlContact CPA-2004-4(m: (applicanVowner)CPA-20044(C)Lotto/Toppano Porn Mailing List: Richard Rawlings Angelo & June Toppano MILLENIUM-KANGLEYBLDG Silver Oak, LLC 2211 1561h Ave. NE ENV-2004-53(A) CPA-2004-4(A): PO Box 1349 Bellevue, WA 98004 Read Down Bellevue, WA 98009 (applicant) ApplicanVOontact CPA-2004-4(D): (applicanUowner)CPA-2004-4(C)Lotto/Toppano PofR George Allen Hal P Grubb, Engr Michael &Ann Lotto Millenium Investment Group, Inc Barghausen Consulting Engineers, Inc Kent East Hill Nursery 10903 Valley Ave. E 18215 72nd Ave. S 11644 SE 240th St. Puyallup, WA 98372 Kent,WA 98032 Kent,WA 98031 (contact)CPA-2004-4(C)Lotto/Toppano PofR (property owner) Appllcanvcontact CPA-2004-4(D): Jerome D. Carpenter Shirley Torgerson Dennis Sadtys, P.L.S., Surveyor Inslee, Best, Doezie & Ryder, P.S. 1120 2nd St. 1821572 n Ave S 777 108th Ave. NE, Suite 1900 Mukilteo, WA 98275 Kent, WA 98032 Bellevue, WA 98004 (Contact) Applicant/Contact CPA-2004-4(D): (engineer)CPA-2004-4(C)Lotto/Toppano PofR Joel Kessel, P.E. Theresa Dusek, Consultant David Markley Engineered Solutions Barghausen Consulting Engineers Transportation Solutions, Inc 5700 100 St. SW, Suite 630 18215 72nd Ave. S 8250 165th Ave. NE, Suite 100 Lakewood,WA 98499 Kent, WA 98032 Redmond, WA 98052 en*redsolutio ns@ msn.com (consultant) Applicant/Contact CPA-2004-4(D): (contractor)CPA-2004-4(C)LottofToppano PofR Sara Artley, Planner Scott Dinkelman Chris S. Ferko,AICP Meadow Creek Land Consulting Earth Consultants, Inc Barghausen Consulting Engineers, Inc 16851 NE 155" Place 1805 136th Place NE, Suite 201 18215 72nd Ave. S Woodinville,WA 98072 Bellevue,WA 98005 Kent,WA 98032 2004 Comp Plan Amendments Mailing List: CPA-2004-4(C)Lottorroppano PofR KENT OFFICE BUILDING Tom Bankord AMENDMENT 23702 116th Ave. SE ENV-2004-53(B) CPA-2004-4(B): Kent,WA 98031 Read Down (applicant/contact) 2004 Comp Plan Amendments CPA-2004-4(C)Latto/Toppano PofR Edi Linardic Mailing List: David Markley LDG Architects LOTTOITOPPANO AMENDMENT Transportation Solutions 1319 Dexter Ave. N, Suite 260 ENV-2004-53(C) CPA-2004-4(C): 8250 165th Avenue NE,Suite 100 Seattle,WA 98109 Read Down Redmond,WA 98052 (property owner) William G. Williams III, Asset Manager CPi Lotto/Toppano PofR CPA-2004-4(C)Lottolroppano PofR CA State Teachers Retirement System Marlene Kelly Russell Hanscom Principal Real Estate Investors 23908 114th Place SE 9523 S 237th Place 520 Pike St., Suite 1515 Kent,WA 98031 Kent,WA 98031 Seattle,WA 98101 904 CPA-2004-4(C)&(D)Lotto/Toppano&IduthPofR CPA-2004-4(C)Lotto/Toppano POfR CPPofR Gary Young Eric LaBrie Gary Volchok Polygon E.S.M. Consulting Engineers Gary.volchok@cbre.com 11624 SE 51h,Suite 200 720 S 248" St Bellevue,WA 98005 Federal Way,WA 98003 General Parties of Record: AnnualCPA Applicati°ns—PofR 2004 Annual CPA Applications—P of R Glenn En E Gray 2004 Annual CPA Applications George A Basmajian 20866 102nd Ave. ( across) 10903 Valley Ave E Kent,WA 98031 Puyallup,WA 98372 2004 Annual CPA Applications—P of R 2004 Annual CPA Applications—P of R 2004 Annual CPA Applications—P of R Jeff Hurley David Koren Miguel Jensen 11225 SE 306t" Place Post Office Box 657 Post Office Box 1387 Auburn,WA 98092 Kent, WA 98035 Kent, WA 98035 gojeffhurley@comcast.net Declaration of Delivery On Friday, January 7, 2005, under penalty of perjury and pursuant to the laws of the State of Washington, I hereby state and declare that on this date I caused to be delivered via regular 1st Class Mail or via Email, a true and correct copy of the"City of Kent Notice of Special Meeting and Public Hearing for Planning and Economic Dev. Committee" for Wednesday, �anuary 19, 2005 concerning the 2004 Annual CP and Zoning Map Amendments focusing on proposed changes to the Lotto/Toppano application. —to these parties of record. Executed at Kent, Washington on this 7th day of January, 2005. vyV Declarant: Pamela Mottram Planning & Economic Development Committee Agenda KEN T Councilmembers: Ron Harmon#Bruce White#Tim Clark,Chair VVA5 H IN GTON SPECIAL MEETING & PUBLIC HEARING—January 19,2005 4:15 p.m. Item Description Action Speaker Time Page 1. Approval of the Minutes of 11/29/04 YES 1 2. Approval of the Minutes of 12/6/04. YES 3 3. #ZCA-2002-4 Proposed Critical Areas Ordinance. YES Kim Marousek 7 Testimony and comments are limited to proposed changes to the wetland buffer regulations. 4. (a)#CPA-2004-1 Downtown Strategic Action YES William Osborne 37 Plan Update,Comprehensive Plan&Zoning Amendments, and (b) #CPA-2004-4(A-D)2004 Annual Comprehensive Plan&Zoning Map Amendments. Testimony and comments are limited to proposed changes to the Lotto/Toppano application. Unless otherwise noted,the Planning and Economic Development Committee meets the 3'd 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.kent.wa,us/citycouncil/committees/planning.asi)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. T I' Planning 8t Economic Development ",:or Committee Agenda KENT Councilmembers: Ron Harmon•Bruce White•Tim Clark, Chair WASHINGTON CITY OF KENT NOTICE OF SPECIAL MEETING AND PUBLIC HEARING PLANNING & ECONOMIC DEVELOPMENT COMMITTEE NOTICE IS HEREBY GIVEN that the Planning and Economic Development Committee will hold a Public Hearing at 4:15 p.m. on Wednesday, January 19, 2005, in Council Chambers East, Kent City Hall, 220 4`h Avenue South, Kent. Agenda items are: 1. Proposed Critical Areas Ordinance (#ZCA-2002-4). Testimony and comments will be limited to proposed changes to the wetland buffer regulations. 2. A. Downtown Strategic Action Plan Update, Comprehensive Plan & Zoning Amendments, and B. 2004 Annual Comprehensive Plan& Zoning Map Amendments. Testimony and comments will be limited to proposed changes to the Lotto/Toppano application. Please note that the regularly scheduled Planning and Economic Development Committee Meeting for January 17, 2005 has been canceled. Any person wishing to submit oral or written comments on this application may do so prior to the meeting or at the meeting. The public is invited to attend and all interested persons will have an opportunity to speak. For further information or a copy of the staff report or the text of the proposed amendment for the Critical Areas Ordinance, contact Kim Marousek, Planning Services office, (253) 856-5454. For further information or a copy of the staff report or the text of the proposed amendments for the Downtown Strategic Action Plan Update and 2004 Annual Comprehensive Plan & Zoning Map Amendments, contact Bill Osborne, Planning Services office, (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 I- 800-833-6388. i Planning & Economic Development 444 Committee Agenda 1Z KENT Counciimembers: Ron Harmon#Bruce White#Tim Clark, Chair WASH IS GTON SPECIAL MEETING & PUBLIC HEARING—January 19, 2005 4:15 p.m. Item Description Action Speaker Time Page 1. Approval of the Minutes of 11/29/04 YES 1 2. Approval of the Minutes of 12/6/04. YES 3 3. #ZCA-2002-4 Proposed Critical Areas Ordinance. YES Kim Marousek 7 Testimony and comments are limited to proposed changes to the wetland buffer regulations. 4. (a)#CPA-2004-1 Downtown Strategic Action YES William Osborne 37 Plan Update,Comprehensive Plan&Zoning Amendments, and • (b)#CPA-2004-4 (A-D) 2004 Annual Comprehensive Plan&Zoning Map Amendments. Testimony and comments are limited to proposed changes to the Lotto/Toppano application. Unless otherwise noted,the Planning and Economic Development Committee meets the 3"d 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 hn://www.ci.kent.wa.us/CitvCounciI/COmmittees/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 8t Economic Development Committee Agenda KENT Councilmembers: Ron Harmon•Bruce White.Tim Clark, Chair WASHINGTON CITY OF KENT NOTICE OF SPECIAL MEETING AND PUBLIC HEARING PLANNING & ECONOMIC DEVELOPMENT COMMITTEE NOTICE IS HEREBY GIVEN that the Planning and Economic Development Committee will hold a Public Hearing at 4:15 p.m. on Wednesday, January 19, 2005, in Council Chambers East, Kent City Hall, 220 41h Avenue South, Kent. Agenda items are: 1. Proposed Critical Areas Ordinance(#ZCA-2002-4). Testimony and comments will be limited to proposed changes to the wetland buffer regulations. 2. A. Downtown Strategic Action Plan Update, Comprehensive Plan & • Zoning Amendments, and B. 2004 Annual Comprehensive Plan&Zoning Map Amendments. Testimony and comments will be limited to proposed changes to the Lotto/Toppano application. Please note that the regularly scheduled Planning and Economic Development Committee Meeting for January 17, 2005 has been canceled. Any person wishing to submit oral or written comments on this application may do so prior to the meeting or at the meeting. The public is invited to attend and all interested persons will have an opportunity to speak. For further information or a copy of the staff report or the text of the proposed amendment for the Critical Areas Ordinance, contact Kim Marousek, Planning Services office, (253) 856-5454. For further information or a copy of the staff report or the text of the proposed amendments for the Downtown Strategic Action Plan Update and 2004 Annual Comprehensive Plan & Zoning Map Amendments, contact Bill Osborne, Planning Services office, (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 I- 800-833-6388. • 2004 Comp Plan Amendments 2004 Comp Plan Amendments 12/20/04 Mailing List: Mailing List: ) ed Parties of Record List MUTSAMENDMENT— LOTTO/TOPPANO AMENDMENT ENV-2004-53(D/CPA-2004-4(D): ENV-2004-53(C) CPA-2004-4(C): Read Down Read Down 2004 Comp Plan Amendments App4canUContactCRA-2004-4(l)) Mailing List: Richard Rawlings (appliaanvowner)cPA-zoo4-4(gLottoToppan"PofR g Angelo &June Toppano 211ILLENIUM-KANGLEYBLDG Silver Oak, LLC 2211 1561h Ave. NE ENV-200443(A) CPA-2004-4(A): PO Box 1349 Bellevue, WA 98004 Read Down Bellevue, WA 98009 (applicant) ApplicanvCootact CPA-2964.4(D): (applicantlowner)CPA-2004-4(C)LottolToppano PofR George Allen Hal P Grubb, Engr Michael &Ann Lotto Millenium Investment Group, Inc Barghausen Consulting Engineers, Inc Kent East Hill Nursery 10903 Valley Ave. E 18215 72"d Ave. S 11644 SE 240`h St. Puyallup, WA 98372 Kent,WA 98032 Kent, WA 98031 (property owner) Applicant/Contact CPA-2004-4(0): (contact)CPA-2004-4(C)Lottorroppano PofR Shirley Torgerson Dennis Saltys, P.L.S., Surveyor Jerome D. Carpenter 1120 2nd St. 18215 72nd Ave S Inslee, Best, Doezie & Ryder, P.S. th Mukilteo, WA 98275 Kent, WA 98032 777 108 Ave. NE, Suite 1900 Bellevue, WA 98004 (contact) Applicant/Contact CPA-2004-4(01: (engineer)CPA-2004.4(C)LottolToppano PofR Joel Kessel, P.E. Theresa Dusek, Consultant David Markley Engineered Solutions h Barghausen Consulting Engineers Transportation Solutions, Inc Lake 100 WSW, Suite 630 18215 72nd Ave. S 8250 165th Ave. NE, Suite 100 Lakewood,WA 98499 Kent,WA 98032 Redmond, WA 98052 en��redsolutio ns@ msn.com (consultant) Applicant)Contact CPA-2004-4(0): (contractor)CPA-2004-4(C)LottarToppano PorR Sara Artley, Planner Scott Dinkelman Chris S. Ferko,A1CP Meadow Creek Land Consulting Earth Consultants, Inc Barghausen Consulting Engineers, Inc 16851 NE 155th Place 1805 136th Place NE, Suite 201 18215 72nd Ave. S Woodinville, WA 98072 Bellevue, WA 98005 Kent, WA 98032 2004 Comp Plan Amendments Mailing List: CPA-2004-4(C)Lotto/Toppano PofR KENT OFFICE BUILDING Tom Bankord AMENDMENT 23702 116th Ave. SE ENV-2004-53(B) CPA-2004-4(B): Kent,WA 98031 Read Down (applicant/contact) 2004 Comp Plan Amendments CPA-2004-4(C)Lotto/Toppano Po R Edi Linardic Mailing List: David Markley LDG Architects LOTTO/TOPPANOAMENDMENT Transportation Solutions 1319 Dexter Ave. N, Suite 260 ENV2004-53(C) CPA-2004-4(C): 8250 165th Avenue NE, Suite 100 Seattle, WA 98109 Read Down Redmond,WA 98052 (property owner) William G.Williams III, Asset Manager CPA-2004-4(C)Lotto/Toppano PofR CPA-2004-4(C)Lotto/Toppano PofR CA State Teachers Retirement System Marlene Kelly Russell Hanscom Principal Real Estate Investors 23908 114th Place SE 9523 S 237th Place 520 Pike St., Suite 1515 Kent,WA 98031 Kent,WA 98031 Seattle, WA 98101 CPA-2004-4(C)&(0)Lotto/Toppano&Muti-PorR CPA-2004-4(C)Lotto/Toppano PofR CPA-tU04-4(B)Kent-Cce6ldg Po(R Gary Young Eric LaBrie Gary Volchok Polygon E.S.M. Consulting Engineers Gary,volchok@cbre.com 11624 SE 5th,Suite 200 720 S 248"St Bellevue,WA 98005 Federal Way,WA 98003 2004 Annual CPA Applications-P of R General Parties of Record: 2004 Annual CPA Applications-PofR Glenn E Gray 2004 Annual CPA Applications George A Basmajian 20866 102no Ave. aCCOSS 10903 Valley Ave E Kent,WA 98031 Puyallup,WA 98372 2004 Annual CPA Applications-P of R 2004 Annual CPA Applications-P of R 2004 Annual CPA Applications-P of R Jeff Hurley David Koren Miguel Jensen 11225 SE 306th Place Post Office Box 657 Post Office Box 1387 Auburn,WA 98092 Kent,WA 98035 Kent,WA 98035 gojeffhurley@comcast.net Declaration of Delivery On Friday, January 7, 2005, under penalty of perjury and pursuant to the laws of the State of Washington, I hereby state and declare that on this date I caused to be delivered via regular 15Y Class Mail or via Email, a true and correct copy of the"City of Kent Notice of Special Meeting and Public Hearing for Planning and Economic Dev. Committee" for Wednesday, �nuary 19, 2005 concerning the 2004 Annual CP and Zoning Map Amendments focusing on proposed changes to the Lotto/Toppano application. —to these parties of record. Executed at Kent,Washington on this 7th day of January, 2005. I Declarant: Pamela (ottram CITY OF KENT tv NOTICE OF SPECIAL MEETING 1 STATE OF WASHINGTON, COUNTY OF KING } AND PUBLIC HEARING AFFIDAVIT OF PUBLICATION PLANNING&ECONOMIC DEVELOPMENT COMMITTEE NOTICE IS HEREBY GIVEN PUBLIC NOTICE that the Planning and Economic Development Committee will hold a Lily Nguyen,being first duly sworn on oath that she is a Legal Advertising Public Hearing at 4:15 p.m. on Representative of the Wednesday,January 19, 2005, in Council Chambers East, Kent City Hall,220 4th Avenue South,Kent. King County Journal Agenda items are: 1. Proposed Critical Areas Ordinance (#ZCA-2002-4). a daily newspaper, which newspaper is a legal newspaper of general Testimony and comments will be circulation and is now and has been for more than six months prior to the date limited to proposed changes tothe wetland buffer regulations. of publication hereinafter referred to, published in the English language 2. A. Downtown Strategic Action continuously as a daily newspaper in King County, Washington. The King Plan Update, Comprehensive Plan & Zoning Amendments, County Journal has been approved as a Legal Newspaper by order of the and Superior Court of the State of Washington for King County. B. 2004 Annual Comprehen- The notice in the exact form annexed was published in regular issues of the sive Plan & Zoning Map Amendments. Testimony and King County Journal (and not in supplement form) which was regularly comments will be limited to distributed to its subscribers during the below stated period. The annexed To proposed a h inges to the Lotto/ PPano PP notice,a Please note that the regularly scheduled Planning and Economic Development Committee Meeting for Public Notice January 17,2005 has been canceled. Any person wishing to submit oral or written comments on this appli- was published on Sunday, 1/9/05 cation may do so prior to the meeting or at the meeting. The public is invited to attend and all interested The full amount of the fee charged for said foregoing publication is the sum persons will have an opportunity to of $122.00 at the rate of$16.00 per inch for the first publication and N/A per copy . For further the tuff report o information a he text inch for each s 'equant insertion. the proposed amendment for the Critical Areas Ordinance, contact Kim Marousek, Planning Services office, (253) 856-5454. For further Lily Nguyen information or a copy of the staff Legal Adverti ng Representative,King County Journal report or the text of the proposed Subscribed and�vonrn to me this loth day of January,2005. amendments for the Downtown Strategic Action Plan Update and 2004 Annual Comprehensive Plan & ✓/f` , G Zoning Map Amendments, contact Bill Osborne, Planning Services Tom A.Meagher cR @s'•• office,(253)856-5454. ton,Residing in RedmbndU �Sl`gYon _ Any person requiring a disability Notary Public for the State of Washington, g : Z = accommodation should contact the Ad Number: 858001 P.O. Number: • City Clerk's Office at 253-856-5725 in Cost of publishing this notice includes an affidavit surcharge. pu96\ N cq _ advance. For TDD relay service call ^''• o the Washington Telecommunications 4, MAY ;2'. Relay Service at 1-800-833-6388. Published in the King County O F �+ i 111 I't1111��Y Journal January 9,2005.#858001