HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 08/22/2011
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
220 Fourth Avenue S, Kent, WA
98032-5895
AGENDA
LAND USE & PLANNING BOARD
PUBLIC HEARING
AUGUST 22, 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; Katie Graves, Planner; Assistant
City Attorney David Galazin
This is to notify you that the Land Use and Planning Board will hold a Public Hearing on
MONDAY, AUGUST 22, 2011 in Kent City Hall, City Council Chambers East and West, 220
4th Avenue South, Kent, WA at 7:00 P.M. The public is invited to attend and all interested
persons will have an opportunity to speak. Any person wishing to submit oral or written
comments on the proposed amendment may do so prior to or at the meeting.
The agenda will include the following item(s):
1 Call to order
2 Roll call
3 Approval of the March 28, 2011 Minutes
4 Added Items to Agenda
5 Communications
6 Notice of Upcoming Meetings
7 PUBLIC HEARING:
1. ZCA-2011-1(A) Code Amendments (Katie Graves)
A public hearing to consider amendments to regulations and standards for development,
parking, church day-care centers, noise, accessory buildings, special home occupations,
major nonconforming buildings and structures, temporary use permits/fund -raising
carwashes, and city council action on comprehensive plans for annexat ion areas. The
regulations and standards are more particularly related to the following sections of Kent City
Code: (KCC) Sections: 15.04.170, 15.04.190, 15.05.100, 15.08.020.A.7, 15.08.040.F,
15.08.050.D.1, 15.08.100.D.2, 15.08.160.A, 15.08.205.13, and 15 .09.055.D.1. The intent
is to codify existing permit process efficiencies, eliminate unnecessary duplications, and
clarify code sections that have caused confusion, or created needless delay for applicants.
For further information or to obtain copies of the staff report or Agenda for the proposed
amendment contact the Planning Division office at (253) 856-5454. You may submit comments
by emailing Planner Katie Graves at: kgraves@ci.kent.wa.us, and you may access the City’s
website for documents pertaining to the Land Use and Planning Board at:
http://kentwa.iqm2.com/citizens/Default.aspx?DepartmentID=1004.
Any person requiring a disability accommodation should contact the City Clerk’s Office at
253-856-5725 in advance. For TDD relay service call 1-800-833-6388 or call the City of Kent
Planning Services directly at (253) 856-5499 (TDD).
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LAND USE & PLANNING BOARD
MINUTES
MARCH 28, 2011
Land Use & Planning Board Members Chair Dana Ralph, Vice Chair Jack Ottini,
Steve Dowell, Navdeep Gill, Barbara Phillips and Jim Sturgul. Chair Ralph called the
meeting to order at 7:00 p.m.
City Staff Charlene Anderson, Tom Brubaker
3. Approval of Minutes
Board member Ottini Moved and Board member Phillips Seconded a Motion
to approve the December 6, 2010 Minutes. Motion PASSED 6-0.
4. Added Items - None
5. Communications - None
6. Notice of Upcoming Meetings - None
7. CPA-2010-3/CPZ-2010-1 Kentara Short Plat Lot #21
Planning Manager Charlene Anderson stated that the Kentara site under
consideration for a land use plan map amendment is located west of 104th Avenue SE
and just north of the 272nd/277th Street Corridor. The application seeks to amend the
comprehensive plan land use map for Lot #21 parcel from Urban Separator (US)
entirely to Single Family Residential, 6 Dwelling Units per acre (SF-6).
Anderson stated that the sensitive area tracts and easements restrictions are not
changed by any re-designations on the land use plan map. She illustrated the
topography of the subject site. She stated that a portion of Lot 21 was part of a
larger locally-designated urban separator, defining Urban Separators as low density
areas typically zoned SR-1 or 1 dwelling unit per acre.
Anderson described five options for consideration: (1) No Action, (2) Option 1
(Schneider Application), 6 Dwelling Units per Acre (SF-6), (3) Option 2A (No Net
Loss-Swap) (4) Option 2B (No Net Loss-Swap and Addition), and (5) Option 2C (No
Net Loss-SF-6 and Addition).
Anderson stated that staff recommends approval of the applicant’s proposal. Option 1
meets the standard of review for amendments to the Comprehensive Plan Land Use
Map, is an insignificant adjustment to the Urban Separator lands, and does not set a
precedent of using publicly-owned property to offset privately-owned property in
terms of no net loss of urban separators.
Anderson stated that this proposal will go before the Economic & Community
Development Committee (ECDC) on April 11 and to City Council on April 19.
Subsequently, it is anticipated that the public hearing for the rezone will go to the
Hearing Examiner in May and to City Council in June.
Anderson described eleven (11) exhibits that she submitted for the record.
Board member Ottini Moved and Board member Dowell Seconded a Motion
to accept the Exhibits into the record. Motion PASSED 6-0.
Chair Ralph declared the Public Hearing Open.
1
LUPB Minutes
March 28, 2011
Page 2 of 2
Brad Hughes, 27223 103rd Pl SE, Kent stated that he and his neighbors want
assurance that homes will be built quickly on the subject site with the same quality
and level of value of the other homes within the community.
Hans Korve, DMP, Inc. 726 Auburn Way N, Auburn, WA 98002 addressed concerns
raised related to the quality of construction, access and easement issues. He
indicated what could be developed if Options 2A or 2B were approved. He appreciates
and supports staff’s recommendation of Option 1.
Gary Gill, DMP, Inc. 726 Auburn Way N, Auburn, WA 98002 addressed concerns
raised by Brad Hughes concerning access issues and storm water detention. He
stated that the private access tract road will be widened and sidewalks will be added
as part of developing the subject site.
Seeing no further speakers, Board member Ottini Moved and Board member
Phillips Seconded a Motion to close the public hearing. Motion PASSED 6-0.
Board member Ottini Moved and Board member Dowell Seconded a Motion
to recommend to the City Council approval of staff’s recommendation of
Option 1, a comprehensive plan land use map designation of SF-6 Single
Family Residential for CPA-2010-3 Kentara Lot 21. Motion PASSED 6-0.
Adjournment
Chair Ralph Adjourned the Meeting at 7:40 p.m.
______________________________________________
Charlene Anderson, AICP, Planning Manager
Board Secretary
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ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred Satterstrom, AICP, Director
Charlene Anderson, AICP, Manager
Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
August 15, 2011
TO: Chair Dana Ralph and Land Use & Planning Board Members
FROM: Katie Graves, Planner
RE: Code Amendments [ZCA-2011-1(A)]
Staff Report for the August 22, 2011 LUPB Hearing
SUMMARY: Local planning legislation arises from many sources – Federal, State or
regional mandates; changes to local community vision; complaints; need for
clarity; updated technologies, business operations or strategies that make existing
codes outdated; conflicts with updated codes in other City departments; and many
others. This proposed update includes items that are housekeeping in nature only.
The Land Use & Planning Board (the “Board”) was presented with a list of all
potential code amendments at a workshop on July 11, 2011, and the Board
determined that the first amendments to be brought forward would focus on
simple, less controversial, housekeeping items. Staff presented the items to the
Board at a second workshop on July 25, 2011.
BACKGROUND: The full list of potential code amendments presented to the Board
on July 11, 2011 contained items from Titles 12 and 15 of Kent City Code. The
Board requested that staff group the items and bring them back for more detailed
discussion. This first round of code amendments includes only items that staff
deems “housekeeping” items. These are primarily items that clarify code, eliminate
duplicate regulations, and correct wrong references or footnotes. These items were
discussed in depth at the July 25, 2011 Board workshop and are described in the
attachment to this memo. Please note the amendment to 12.01.100, originally part
of the list, has been removed and will be part of the proposed amendments to
Chapter 12.01. Staff will be available at the public hearing to answer questions.
The SEPA Responsible Official has determined that the proposed amendments are
procedural in nature and thus categorically exempt from further SEPA review under
WAC 197-11-800(19) and 11.03.200 Kent City Code.
RECOMMENDATION: Staff recommends approval of the amendments.
MOTION: Recommend to the City Council approval of amendments to
Kent City Code as recommended by staff/as modified.
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Proposed Code Amendments – Phase I
15.04.170: correct 8’ side yard setback and add footnote 37 to minimum lot width
for SR-4.5, 6, 8. This item fixes the incorrect notation of 8’ for side yard setbacks.
As approved via Ordinance No. 3830 on March 6, 2007, the requirement is 5’, with
increased setbacks for half of the lots in plats and short plats that have been
created after March 22, 2007. The addition of footnote 37 under minimum lot width
is to clarify the minimum lot width for plats and short plats that have been created
after March 22, 2007.
15.04.190: delete footnote 7 from M2 zone front yard setback. Footnote 7 in this
section of the code is an error that provides for an additional front yard setback,
conflicting with footnote 6 which is the correct requirement.
15.05.100: change aisle width to 24’ in diagram 2. The diagram incorrectly
references a 26’ aisle width, inconsistent with diagram 1.
15.08.020.A.7: reference WAC 388-148-1275 for church daycare. This code
section contains an incorrect reference for church daycares. The requirement should
reference the state law.
15.08.040.F.: change requirement for at-home lessons to only require Special
Home Occupation permit if for more than one student at a time. This code
amendment codifies a Planning Director interpretation that if at-home lessons for
tutoring, art, dance, or music are for one student at a time, the home occupation
can meet the home occupation standards that any other home business would have
to meet, so a Special Home Occupation permit is not required. If at-home lessons
are for more than one student at a time or include student gatherings, the home
occupation standards cannot be met and a Special Home Occupation permit would
be required.
15.08.050.D.1: delete noise regulations – duplicated by Chapter 8.05 KCC Noise
Control. Chapter 8.05 of Kent City Code contains noise regulations, so the noise
regulations in 15.08.050.D.1 should be deleted in order to avoid duplication,
conflicting regulations, and unnecessary confusion.
15.08.100.D.2: reference 15.04.030.6 for altering/adding to homes in non-
residential zones. 15.04.030.6 allows for residences in commercial and industrial
zones to be rebuilt, repaired, and otherwise changed for human occupancy. It has
been interpreted that this section overrides the regulations in the nonconforming
use code of 15.08.100, so providing the reference eliminates this conflict.
15.08.160.A: Include size limit for garages. 15.02 defines a garage a having a size
limitation of 1000 square feet for the area where vehicles are stored. This size limit
should also be included in the accessory structures regulations of 15.08.160.A.
15.08.205.13: add car wash kit requirement to fund-raising car washes. Public
Works requires temporary car wash operations to obtain a car wash kit. Adding this
item to code informs staff and the public that a car wash kit is required for
temporary car washes.
15.09.055.D.1: eliminate last sentence. The last sentence in this section is a typo
and does not relate to the zoning of annexed lands.
KH/pm S:\Permit\Plan\ZONING_CODE_AMENDMENTS\2011\ZCA-2011-1 Code Amendments\LUPB\08-22-11_Public_Hearing\082211Hrg_HousekeepingCodeUpdateStaffRpt.doc
Att: Amendments to KCC; 15.04 District Regulations, 15.05.100 Parking, 15.08 General & Supplementary Provisions, 15.09 Administration and
Ch.8.05 Noise Control
cc: Fred Satterstrom, AICP, CD Director
Charlene Anderson, AICP, Planning Manager
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