HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 03/14/2011
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred N. Satterstrom, AICP, Planning Director
Charlene Anderson, AICP, Manager
Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S
Kent, WA 98032-5895
AGENDA
LAND USE & PLANNING BOARD WORKSHOP
MARCH 14, 2011
7:00 P.M.
LUPB MEMBERS:
Dana Ralph-Chair; Jack Ottini-Vice Chair, Steve Dowell, Navdeep Gill, Barbara Phillips and
Jim Sturgul
CITY STAFF:
Charlene Anderson, AICP, Planning Manager;
William D. Osborne, AICP, Long-Range Planner; Tom Brubaker, City Attorney
This is to notify you that the Land Use and Planning Board will hold a Workshop on
MONDAY, MARCH 14, 2011, in Kent City Hall, City Council Chambers East, 220 Fourth
Avenue S, at 7:00 p.m. No public testimony is taken at workshops, although the public is
welcome to attend. The Agenda Packet can be accessed through the City of Kent’s Website
at http://kentwa.iqm2.com/citizens/Default.aspx?DepartmentID=1004.
The workshop agenda will include the following item(s):
1. CPA-2010-3 Comprehensive Plan Land Use Map Amendment
Second Workshop to discuss a proposed change in the Comprehensive Plan Land Use
Map designation for property located at 10329 SE 273rd Place (Kentara Short Plat Lot #21).
Any person requiring a disability accommodation should contact the City of Kent at (253) 856-5725 in
advance for more information. For TDD relay service for the hearing impaired, call 1-800-833-6388 or call the
City of Kent Planning Division directly at (253) 856-5499 (TDD) or the main line at (253) 856-5454.
This page intentionally left blank.
2
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred N. Satterstrom, AICP, Director
Charlene Anderson, AICP, Manager
Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
March 7, 2011
TO: Chair Dana Ralph and Land Use and Planning Board Members
FROM: William D. Osborne, AICP, Long-Range Planner
RE: 2010 Comprehensive Plan Amendments [CPA-2010-3]
For Workshop of March 14, 2011
SUMMARY: On September 1, 2010, the City of Kent received a Comprehensive
Plan Land Use Map (Land Use Map) amendment application, as well as a Zoning
Districts Map amendment for Lot 21 of the Kentara subdivision located at 10329 SE
273rd Place in Kent (see Attachment A). The Economic & Community Development
Committee recommended inclusion of the Comprehensive Plan Land Use Map
amendment in the 2010-11 Economic & Community Development Department work
program. The Zoning Districts Map amendment application may only proceed if and
when an ordinance adopting the proposed Land Use Map amendment becomes
effective.
BACKGROUND: Staff introduced the proposed amendment at the January 10th
workshop of the Land Use & Planning Board. The Board raised a few questions, and
requested staff return in workshop to follow up on those questions and provide
amendment options for discussion prior to holding a public hearing. At the March
14th workshop, staff will discuss options for consideration.
Proposal― Change in Comprehensive Plan Land Use Map designation for
property located at 10329 SE 273rd Place (Kentara Short Plat Lot #21)
Applicant (Agent): Hans Korve, DMP, Inc.
EXISTING DESIGNATIONS PROPOSED CHANGE
Comprehensive Plan
Land Use Map
Split SF-6 (Single-Family 6 units/acre)
and US (Urban Separator)
Entirely SF-6 (Single-
Family 6 units/acre)
Approximately 0.45 acre (55.9%) of the 0.79 acre site is currently designated as
Urban Separator (US) on the Comprehensive Plan Land Use Map; the other 0.34
acre portion is designated SF-6 (see Attachment B-1). The application speculates
that a total of three dwelling units could be developed on the site, if rezoned – all
on the currently US-designated portion.
Much of the site terrain can be characterized as having steep westward,
southwestward and southward slopes (see Attachment B-3).
History: The City of Kent purchased many large parcels following the Ramstead
Annexation in the 1990s in preparation for construction of the eastern leg of the S.
272nd/277th Corridor project. Following completion of grading for the corridor,
surplus portions of the parcels above the slopes were sold to private parties. The
3
CPA-2010-3
Kentara S.P. Lot 21
LUPB Workshop
March 14, 2011
Page 2 of 4
land area of the eastern portion of Lot 21, derived from one of these large parcels,
has always been zoned in the City at one dwelling unit per acre (SR-1). When
segregated from Parcel #3222059190 and added to Parcel #3222059022 in June
2004, the eastern portion of Lot 21 had a Comprehensive Plan Land Use Map
designation of SF-1.
The City‟s September 2004 Urban Density Study resulted in an amendment of the
Comprehensive Plan Land Use Map designation from SF-1 to Urban Separator for
the parent parcel (PIN 3222059190) containing the land area of what would
become the eastern portion of Lot 21. Other recorded real estate transactions and
project-level permits associated with the Kentara subdivision neither granted nor
implied approval for future amendment of map designations.
OPTIONS
Not all locally-designated Urban Separators are included in the map of Urban
Separators (US) in the King Countywide Planning Policies (CPPs). Subsequent to the
regional ratification of the CPPs related to Urban Separators, the City recognized
county-designated US lands and added locally-designated US lands, most recently
with the Panther Lake Annexation land use plan map and zoning designations.
These locally-designated US lands are available for consideration of legislative
amendments by the City. However, when considering changes to the Urban
Separator designation, the City should consider consistency with local Urban
Separators policy language found in the Kent Comprehensive Plan (see Attachment
C-1). At the project review level, all Urban Separator lands within the City are
regulated the same. Three general options are offered for consideration and
discussion of amending the Comprehensive Plan Land Use Map.
No Action – Eastern Portion of Lot 21 Remains Urban Separator
This option holds that either of the following is true:
1. Based on County and City policies, the City should neither amend Urban
Separators policies nor any mapped areas without the concurrence of King
County and ratifying jurisdictions through the process of revisiting the
Countywide Planning Policies regarding Urban Separators; or
2. Though locally-designated Urban Separators could be considered for
amendment, based on substantive contemplation of City policy, the eastern
portion of Lot 21 remains a viable part of a larger Urban Separator due to its
views of the Green River Valley, proximity to steep slopes and potential
access to publicly-owned land for recreation.
Option 1 (Schneider Application) – Lot 21 Entirely Single Family
Residential, 6 Dwelling Units per Acre (SF-6)
The applicant argues that Urban Separator lands:
1. Must contain natural (non-engineered) critical areas;
2. Must not have been cleared of vegetation and graded in the past; and
3. Must not have provision of urban services for more than one dwelling unit.
Further, the application indicates that specific to Lot 21 that:
4. “The developed portion of Lot 21 would never serve as a link between, and
for the protection of, sensitive areas, public parks, open spaces, trails or
unstable slopes…”;
4
CPA-2010-3
Kentara S.P. Lot 21
LUPB Workshop
March 14, 2011
Page 3 of 4
5. Earlier platting activity of Kentara already contemplated provided mitigation
(see #3 above) sufficient to address the impacts of this proposed
amendment; and
6. Property acquisition records were not incorporated into the City‟s GIS in a
timely fashion, thereby improperly leading to the inclusion of the eastern
portion of Lot 21 in the Urban Density Study (see History above).
Based on these arguments, the applicant concludes that the eastern portion of Lot
21 meets none of the Urban Separator criteria, and therefore was designated by
the City in error.
If adopted based on the above arguments, Option 1 could lead to future arguments
regarding Urban Separators and land use planning generally:
a) All land use change activities considered legislatively by the City Council
could be invalidated based on the lack of availability of instantaneous
property transaction recording by the County and perfect transmission of
such data to cities – whether in the past, present or future;
b) Project permit activities, including civil construction and building permits as
pursued by property owners, could effectively undermine legislative policy
and intent of the Comprehensive Plan, in violation of the State Growth
Management Act (GMA);
c) Urban Separators may only be valid where natural (non-engineered) critical
areas are present and only on site; and
d) Urban Separators would be constrained in terms of open space provision and
connections as defined by project development applications.
Option 2A (‘No Net Loss’ – Swap) – Urban Separator Area Switched to the
Western Portion of Lot 21
Amending locally-designated Urban Separator lands may proceed with the
understanding that these locally-designated lands(see Attachments C-2 and C-3)
are not as restricted by the Countywide Planning Policies related to Urban
Separators. However, consistency with the Urban Separator Goals and Policies of
the City of Kent is applicable.
The eastern portion of Lot 21 is assumed to have value as an Urban Separator with
views of and potential open space connections to the Green River Valley along the
north side of the S. 272nd/277th Corridor. The western portion of Lot 21, though
smaller in area and containing a sensitive area easement held by the City, also has
characteristics favoring designation as Urban Separator. Like the eastern portion of
Lot 21, this portion has potential views and open space connections to the Green
River Valley down a steep, wooded slope.
Some weight has been given to the County‟s past practice of proposing swapping
an equivalent amount of designated area for non-designated area – „no net loss.‟
Option 2A would effectively swap the designations within Lot 21 so that the 0.34
acre western portion would carry an Urban Separator designation, while the eastern
0.45 acre portion would achieve the intent of the Schneider Proposal with a
designation of SF-6. Technically, there would be a slight loss of area, but not a
complete loss as with the Schneider Proposal.
5
CPA-2010-3
Kentara S.P. Lot 21
LUPB Workshop
March 14, 2011
Page 4 of 4
Option 2B (‘No Net Loss’ – Swap & Addition) – As with Option 2A, also
adding Tract A to the West of Lot 21
This is the same as Option 2A, with the addition of the 2.774 acre City-owned
parcel to the west (PIN 3831250420). This would ensure that existing Urban
Separators are not diminished in area or provision of functions and amenities
associated with Urban Separator character. The characteristics of this parcel are
similar to the western portion of Lot 21, suitable for Urban Separator designation,
with steep, wooded slopes leading toward the Green River Valley. A net gain of 2.67
acres of Urban Separator area would result from Option 2B.
At the March 14th meeting, staff would like to discuss with the Board the options for
amendment, prior to scheduling a public hearing.
WO/pm S:\Permit\Plan\COMP_PLAN_AMENDMENTS\2010\CPA-2010-3 Kentara SP Lot 21\LUPB\031411\Memo_CPA-2010-3_031411.doc
Att: Attachment A: Kentara Short Plat Lot #21 Comprehensive Plan Land Use Map Amendment Application
Att B-1: Kentara Lot 21 Map (2010)
Att B-2: Kent GIS Historic Topography Maps of Area (2000 & 2010)
Att B-3: 2000 Comp Plan Map & Parcels Vicinity
Att B-4: June 2004 Comp Plan Map & Parcels Vicinity
Att B-5: August 2005 Comp Plan Map & Parcels Vicinity
Att C-1: Urban Separator Goals and Policies of King County and Kent
Att C-2: Ordinance 3551 – Urban Separators, March 20, 2001
Att C-3: Urban Separators Map featuring Locally-Designated Areas
Att D-1: Option 1 Map
Att D-2: Option 2a Map
Att D-3: Option 2b Map
cc: Ben Wolters, ECD Director
Fred Satterstrom, AICP, Planning Director
Charlene Anderson, AICP, Planning Manager
Project File CPA-2010-3
6
ATTACHMENT A - 3/14/11 Land Use & Planning Board Workshop 7
ATTACHMENT A - 3/14/11 Land Use & Planning Board Workshop 8
ATTACHMENT A - 3/14/11 Land Use & Planning Board Workshop 9
ATTACHMENT A - 3/14/11 Land Use & Planning Board Workshop 10
ATTACHMENT A - 3/14/11 Land Use & Planning Board Workshop 11
ATTACHMENT A - 3/14/11 Land Use & Planning Board Workshop 12
ATTACHMENT A - 3/14/11 Land Use & Planning Board Workshop 13
ATTACHMENT A - 3/14/11 Land Use & Planning Board Workshop 14
ATTACHMENT A - 3/14/11 Land Use & Planning Board Workshop 15
ATTACHMENT A - 3/14/11 Land Use & Planning Board Workshop 16
ATTACHMENT A - 3/14/11 Land Use & Planning Board Workshop 17
ATTACHMENT A - 3/14/11 Land Use & Planning Board Workshop 18
ATTACHMENT A - 3/14/11 Land Use & Planning Board Workshop 19
ATTACHMENT A - 3/14/11 Land Use & Planning Board Workshop 20
ATTACHMENT A - 3/14/11 Land Use & Planning Board Workshop 21
ATTACHMENT A - 3/14/11 Land Use & Planning Board Workshop 22
AT
T
A
C
H
M
E
N
T
B
-
1
-
3
/
1
4
/
1
1
L
a
n
d
U
s
e
&
P
l
a
n
n
i
n
g
B
o
a
r
d
W
o
r
k
s
h
o
p
23
This page intentionally left blank.
24
AT
T
A
C
H
M
E
N
T
B
-
2
-
3
/
1
4
/
1
1
L
a
n
d
U
s
e
&
P
l
a
n
n
i
n
g
B
o
a
r
d
W
o
r
k
s
h
o
p
25
This page intentionally left blank.
26
AT
T
A
C
H
M
E
N
T
B
-
3
-
3
/
1
4
/
1
1
L
a
n
d
U
s
e
&
P
l
a
n
n
i
n
g
B
o
a
r
d
W
o
r
k
s
h
o
p
27
This page intentionally left blank.
28
AT
T
A
C
H
M
E
N
T
B
-
4
-
3
/
1
4
/
1
1
L
a
n
d
U
s
e
&
P
l
a
n
n
i
n
g
B
o
a
r
d
W
o
r
k
s
h
o
p
29
This page intentionally left blank.
30
AT
T
A
C
H
M
E
N
T
B
-
5
-
3
/
1
4
/
1
1
L
a
n
d
U
s
e
&
P
l
a
n
n
i
n
g
B
o
a
r
d
W
o
r
k
s
h
o
p
31
This page intentionally left blank.
32
ATTACHMENT C-1
1
CITY OF KENT URBAN SEPARATOR GOALS & POLICIES
Goal LU-31 Establish Urban Separators to protect environmentally
sensitive area, including lakes, streams, wetlands, and
geologically unstable areas such as steep slopes, to
create open space corridors that provide environmental,
visual, recreational and wildlife benefits within and
between urban growth areas, and to take advantage of
unusual landscape features such as cliffs or bluffs and
environmentally unique areas.
Policy LU-31.1 Establish Urban Separators as low-density areas of no
greater than one dwelling unit per acre.
Policy LU-31.2: Only allow amendments to the Urban Separator policy at
the time coinciding with King County’s twenty (20) year
review of its 1994 Policy Update of the Comprehensive
Plan or by Kent City Council initiation because of pending
danger or public safety.
Policy LU-31.3 Require subdivisions within or adjacent to Urban
Separators to provide open space linkages within or to
the Urban Separator.
Policy LU-31.4 Establish Urban Separators as links between, and for
protection of, sensitive areas, public parks, open spaces
or trails, critical aquifer recharge areas, floodplains, high
value wetlands, unstable slopes, regionally or locally
significant resource areas, fish and wildlife habitat and
other unique environmental features.
Policy LU-31.5 Coordinate with appropriate South King County agencies,
adjacent cities, and unincorporated King County to create
a regional approach to Urban Separators.
Policy LU-31.6 Link Urban Separators within the City of Kent to those of
adjacent cities and unincorporated King County.
Policy LU-31.7 Encourage well-designed land use patterns, including
clustering of housing units, transfer of development
rights, zero lot lines and other techniques to protect and
enhance urban separators.
Policy LU-31.8 Consider funding options, land trusts, purchase of
development rights, and other methods for public
acquisition of Urban Separators.
ATTACHMENT C-1 3/14/11 Land Use & Planning Board Workshop 33
ATTACHMENT C-1
2
Goal P&OS-3 Establish an open space pattern that will provide
definition of and separation between developed areas,
and provide open space linkages among park and
recreational resources.
Policy P&OS-3.1 Define and conserve a system of open space corridors as
urban separators to provide definition between natural
areas and urban land uses within the Kent area.
Policy P&OS-3.2 Increase linkages of trails, in-street bike lanes, or other
existing or planned connections with natural areas and
open space within developed areas, particularly along the
Green River, Mill Creek, Garrison Creek, and Soos Creek
corridors; around Lake Fenwick, Clark Lake, Lake
Meridian, Panther Lake, and Lake Young; and around
significant wetland and floodways such as the Green River
Natural Resource Area (GRNRA).
Policy P&OS-3.3 Preserve through acquisition as necessary,
environmentally sensitive areas as natural area linkages
and urban separators, particularly along the steep
hillsides that define both sides of the Green River Valley
and the SE 277th/272nd Street corridor.
KING COUNTY COUNTYWIDE PLANNING POLICY (CPP)
CPP LU-27 – Urban separators are low-density areas or areas of little development
within the Urban Growth Area. Urban separators shall be defined as permanent low-
density lands which protect adjacent resource lands, Rural Areas, and
environmentally sensitive areas and create open space corridors within and
between Urban Areas which provide environmental, visual, recreational and wildlife
benefits. Designated urban separators shall not be redesignated in the future (in
the 20-year planning cycle) to other urban uses or higher densities. The
maintenance of these urban separators is a regional as well as a local concern.
Therefore, no modifications should be made to the development regulations
governing these areas without King County review and concurrence.
ATTACHMENT C-1 3/14/11 Land Use & Planning Board Workshop 34
ATTACHMENT C-2 3/14/11 Land Use & Planning Board Workshop 35
ATTACHMENT C-2 3/14/11 Land Use & Planning Board Workshop 36
ATTACHMENT C-2 3/14/11 Land Use & Planning Board Workshop 37
ATTACHMENT C-2 3/14/11 Land Use & Planning Board Workshop 38
ATTACHMENT C-2 3/14/11 Land Use & Planning Board Workshop 39
ATTACHMENT C-2 3/14/11 Land Use & Planning Board Workshop 40
ATTACHMENT C-2 3/14/11 Land Use & Planning Board Workshop 41
ATTACHMENT C-2 3/14/11 Land Use & Planning Board Workshop 42
ATTACHMENT C-2 3/14/11 Land Use & Planning Board Workshop 43
ATTACHMENT C-2 3/14/11 Land Use & Planning Board Workshop 44
ATTACHMENT C-2 3/14/11 Land Use & Planning Board Workshop 45
ATTACHMENT C-2 3/14/11 Land Use & Planning Board Workshop 46
ATTACHMENT C-2 3/14/11 Land Use & Planning Board Workshop 47
ATTACHMENT C-2 3/14/11 Land Use & Planning Board Workshop 48
ATTACHMENT C-2 3/14/11 Land Use & Planning Board Workshop 49
ATTACHMENT C-2 3/14/11 Land Use & Planning Board Workshop 50
ATTACHMENT C-2 3/14/11 Land Use & Planning Board Workshop 51
ATTACHMENT C-2 3/14/11 Land Use & Planning Board Workshop 52
ATTACHMENT C-2 3/14/11 Land Use & Planning Board Workshop 53
ATTACHMENT C-2 3/14/11 Land Use & Planning Board Workshop 54
ATTACHMENT C-2 3/14/11 Land Use & Planning Board Workshop 55
ATTACHMENT C-2 3/14/11 Land Use & Planning Board Workshop 56
ATTACHMENT C-2 3/14/11 Land Use & Planning Board Workshop 57
ATTACHMENT C-2 3/14/11 Land Use & Planning Board Workshop 58
ATTACHMENT C-2 3/14/11 Land Use & Planning Board Workshop 59
ATTACHMENT C-2 3/14/11 Land Use & Planning Board Workshop 60
ATTACHMENT C-2 3/14/11 Land Use & Planning Board Workshop 61
ATTACHMENT C-2 3/14/11 Land Use & Planning Board Workshop 62
ATTACHMENT C-2 3/14/11 Land Use & Planning Board Workshop 63
ATTACHMENT C-2 3/14/11 Land Use & Planning Board Workshop 64
ATTACHMENT C-2 3/14/11 Land Use & Planning Board Workshop 65
ATTACHMENT C-2 3/14/11 Land Use & Planning Board Workshop 66
AT
T
A
C
H
M
E
N
T
C
-
3
3
/
1
4
/
1
1
L
a
n
d
U
s
e
&
P
l
a
n
n
i
n
g
B
o
a
r
d
W
o
r
k
s
h
o
p
67
This page intentionally left blank.
68
AT
T
A
C
H
M
E
N
T
D
-
1
3
/
1
4
/
1
1
L
a
n
d
U
s
e
&
P
l
a
n
n
i
n
g
B
o
a
r
d
W
o
r
k
s
h
o
p
69
This page intentionally left blank.
70
AT
T
A
C
H
M
E
N
T
D
-
2
3
/
1
4
/
1
1
L
a
n
d
U
s
e
&
P
l
a
n
n
i
n
g
B
o
a
r
d
W
o
r
k
s
h
o
p
71
This page intentionally left blank.
72
AT
T
A
C
H
M
E
N
T
D
-
3
3
/
1
4
/
1
1
L
a
n
d
U
s
e
&
P
l
a
n
n
i
n
g
B
o
a
r
d
W
o
r
k
s
h
o
p