HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 04/26/2010 LAND USE & PLANNING BOARD MINUTES
April 26, 2010
1. Call to Order Chair Ralph Called the meeting to order at 7:00 p.m.
2. Board Members Present: Chair Dana Ralph, Vice-Chair Jack Ottini, Steve Dowell,
Navdeep Gill, Jon Johnson, Aleanna Kondelis-Halpin, and Barbara Phillips
Staff Members Present: Charlene Anderson, Gloria Gould-Wessen, Tom Brubaker,
and Pamela Mottram
3. Approval of Minutes
Ottini MOVED and Dowell SECONDED a Motion to approve the March 8, 2010
Minutes. Motion PASSED 7-0.
4. Added Items None
S. Communications None
6. Notice of Upcoming Meetings
Planning Manager Charlene Anderson stated that two items related to Comprehensive Plan
Amendments regarding the Park and Open Space Element and housekeeping issues
regarding the Transportation Master Plan will go to City Council on their May 41h Consent
Calendar.
7. PUBLIC HEARING:
7.1 CPZ-2007-2 Midway Development Regulations
Long-Range Planner Gloria Gould-Wessen submitted correspondence for the record from: 1)
Theresa Melton indicating that she does not want a change in her property's zoning
designation of MHP (Exhibit 1), 2) from Mr. Jim Seymour supporting staff's recommendation
to rezone TPN#2522040901 currently designated MR-H to High Density Commercial (Exhibit
2) and, 3) Mr. Brad Corner speaking to height limits, impervious surface restrictions, and
parking ratios for property zoned T-C 2 located east of Military and north of Kent Des
Moines/I-5 (Exhibit 3).
Johnson MOVED and Phillips SECONDED a Motion to accept the exhibits into the
record. Motion Carried 7-0.
Gould-Wessen stated that the development regulations and implementation tools are
grounded in the Envision Midway public process and in the Subarea Plan. She stated that
Envision Midway has been a year long collaborative effort with the City of Des Moines,
stakeholders who own property and have vested interests, as well as the public. Gould-
Wessen stated that the Midway Study Area extends to I-5 on the east, includes the Kent
Highlands area and extends south to 272nd. She described staff's approach to this project.
She spoke about the Draft Subarea Plan, the development of a Planned Action Ordinance,
design guidelines, and comprehensive plan land use and zoning map designations and
permitted uses.
Gould-Wessen stated that the vision in terms of development regulations was based on such
concepts such as transit supported development, quality of design, family-friendliness and
affordability, and connectivity with roads, trails and surrounding areas.
Gould-Wessen stated that proposed Land Use Option 1 recognizes transit-oriented
communities. She cited potential areas for METRO and Sound Transit station locations and
light rail alignment, stating that the Bus Rapid Transit stations should be in place within the
next year and the planning process started for Sound Transit light rail alignment and
stations within the next year and a half. She stated that the City regulations are based on
overlays, illustrating that between the overlay districts are auto-oriented areas.
Gould-Wessen stated that the Midway Transit-Community I zoning district is located along
Highway 99 and is intended to have lower density, reduced heights, auto-orientation yet
pedestrian friendly, acknowledging the highway running through the area.
Land Use and Planning Board Hearing
April 26,2010
Page 1 of 3
Gould-Wessen stated that Midway Transit-Community II zoning district allows higher
densities, mix of uses, pedestrian orientation, low-speed streets, with aesthetic appeal by
inclusion of amenities such as trees, benches, urban landscaping, and street level shops
opening onto the sidewalks, reduction of open parking lots and elimination of blank walls.
Gould-Wessen stated that the Midway Highlands area is a Commercial/Residential zoning
district allowing high-density mixed use, auto-orientation, stand-alone residential, stand-
alone office, or mixed-used development. Consideration would be given to what the market
desires at the time that development occurs.
Gould-Wessen stated that staff proposes in Option 2 to maintain the Mobile Home Parks
(MHP) zoning for existing parks. She stated that staff proposes changing the land use in
the Midway Overlay District areas from commercial and some residential to Transit Oriented
Community (TOC). Gould-Wessen stated that park owners would have opportunity to
rezone their property at such time there is interest for development in their area with
options to develop their own property or sell to a developer.
Gould-Wessen stated that Option 1 proposes changing the General Commercial (GC) zone
to CM-2 Commercial Manufacturing allowing small scale light industrial uses such as
warehousing and commercial use for a densely auto-oriented area south of the TOC.
Gould-Wessen stated that a transit-supported area located in the southern portion of the
Midway Subarea at 272nd Street will be zoned Midway Transit Community 1 (M-TCI) and
allows a 65 foot height limit, and a mix of uses. She stated that an area located off Military
Road would change to Community Commercial (CC). There is no zone change options
created outside the Midway Subarea.
Gould-Wessen stated that key components of the regulations reflect existing and proposed
uses, parking details, and development standards, two-story minimum height requirements
and acknowledge this area as transit-oriented.
Gould-Wessen stated that the proposed TC-1 zone along the west side of Pacific Highway
abuts single family and low-density multifamily homes within the City of Des Moines. The
TC-1 development standards would limit building heights to 65 feet and mimic similar
regulations in Des Moines. She stated that the TOC areas would have reduced parking
requirements as those areas would likely be served by transit.
Gould-Wessen stated that Options 1 & 2 call for a 65 foot minimum and 200 foot maximum
height limit in the MTC-2 and in the M-CR zone with incentives.
Gould-Wessen stated that Option 3 considers lowering maximum height limits as suggested
by the Board. Option 4 considers removing height limit restrictions or limiting height based
on FAA requirements. Gould-Wessen stated that density bonuses would not be applicable if
there are no height limitations. There must be a high demand with a compressed allowed
density for density bonuses to work. Option 3 waives 2-story minimum height requirements
and allows a single tenant 'big box' building on a one-acre site.
Gould-Wessen stated that Options 1 thru 4 do not allow drive-thru food services on either
Highway 99 or 301h Avenue. Drive-thru bank and pharmacy businesses are allowed on
Highway 99 in strip malls in Option 3. Existing drive-thru food services would be
grandfathered.
Gould-Wessen corrected her report to state that Option 3 allows an increase in the
maximum amount of impervious surface if the developer participates in a regional storm
detention or density bonus program.
Gould-Wessen stated that Kent continues to face questions and challenges with respect to
pedestrian versus auto-oriented development, drive-thru options, 2-story minimum building
heights vies -a-vies allowing big box retail, allowing parking requirements to be market-
driven rather than prescriptive, and how infrastructure would be funded. Gould-Wessen
stated that staff is not offering a recommendation other than seeking preliminary approval
on these options from the Board.
Land Use and Planning Board Hearing
April 26,2010
Page 2 of 3
Chair Ralph declared the Public Hearing open.
Robert W M`-Omber, PO Box 3113, 26448 Pacific Highway S, #101, Kent, WA 98040 stated
that he and his neighbors are concerned with future development as it relates to their
property which includes extensive wetlands located between 2601h and 272nd to the south
and between Highway 99 and Interstate 5. He stated that the wetlands sustained damage
in 1983 with the placement of the Midway sewer line. He stated that wetland surveys show
the wetland to extend halfway onto his property, suggesting that staff reconsider their
commercial zoning proposal and zone the wetlands open space. He stated that the
wetlands need to be protected.
Brad Corner, 14205 SE 36th St. #100, Bellevue, WA 98006 stated that he holds a five acre
parcel of property at 23004 Military Rd South within the Midway subarea. He stated that
from a developer's perspective his clientele would like to have the maximum coverage ratio
for his site. Corner stated that he would favor a 90-100% build-out ratio rather than
limiting build-out to 70% and spoke in favor of more flexibility for the developer. Corner
stated that he would like to develop a multi-story hotel building on his site as long it does
not "m" views and believes it would not block any views. (Minn approved as amended at
the 7/26/10 LUPB Hearing)
City Attorney Tom Brubaker stated that height limits are subject to FAA Regulations and
would trump any regulations that the City would implement. He stated that any
development would have to meet maximum height requirements set by the FAA.
Brubaker addressed concerns from the Board with respect to wetlands stating that any
development occurring on property with wetlands must comply with the wetland or critical
areas regulations regardless of zoning.
Johnson MOVED and Phillips SECONDED a Motion to accept M`Comber's submittal
(including a wetland map) into the record. Motion CARRIED 7-0.
Johnson MOVED and Dowell SECONDED a Motion to Close the Public Hearing.
Motion CARRIED 7-0. Ralph declared the public hearing closed.
Gould-Wessen stated that McComber's property contains a substantial wetlands area. She
stated that the wetlands are part of the headwaters of Massey Creek and impact
surrounding properties.
After deliberating, Dowell MOVED and Gill SECONDED to preliminarily approve the
amendments to the Kent Comprehensive Plan and Kent City Code — Title 15 related
to the Midway Subarea as presented by staff; accepting Option #2 Zoning
Designation Map. Motion PASSED 7-0.
Gill MOVED and Johnson SECONDED a Motion to allow additional height above 65
feet through an incentive program to a maximum of 200 feet as specified in
Option 2 and to allow drive-thru/drive up services (i.e. banks and pharmacies) if
two-story development is within strip malls or shopping centers as specified in
Option 3. Motion PASSED 6-1 with Ottini Opposed.
Johnson MOVED and Dowell SECONDED a Motion to allow an increase in maximum
impervious surface as proposed in Option 2 if development participates in a
regional storm detention program. Motion PASSED 7-0.
Anderson stated that the Land Use and Planning Board will hold a final public hearing to
consider the entire Midway package.
Johnson MOVED and Phillips SECONDED a Motion to Close the Public Hearing.
Motion PASSED 7-0.
Adiournment
Ralph declared the meeting adjourned at 8:07 p.m.
Charlene Anderson, AICP, Planning Manager
Secretary of the Board
P'.APlanningAWPBA2010AIInutu{030&10-LLIDBNllnutes.doc
Land Use and Planning Board Hearing
April 26,2010
Page 3 of 3
LAND USE & PLANNING BOARD MINUTES
April 26, 2010
1. Call to Order Chair Ralph Called the meeting to order at 7:00 p.m.
2. Board Members Present: Chair Dana Ralph, Vice-Chair Jack Ottini, Steve Dowell,
Navdeep Gill, Jon Johnson, Aleanna Kondelis-Halpin, and Barbara Phillips
Staff Members Present: Charlene Anderson, Gloria Gould-Wessen, Tom Brubaker,
and Pamela Mottram
3. Approval of Minutes
Ottini MOVED and Dowell SECONDED a Motion to approve the March 8, 2010
Minutes. Motion PASSED 7-0.
4. Added Items None
S. Communications None
6. Notice of Upcoming Meetings
Planning Manager Charlene Anderson stated that two items related to Comprehensive Plan
Amendments regarding the Park and Open Space Element and housekeeping issues
regarding the Transportation Master Plan will go to City Council on their May 41h Consent
Calendar.
7. PUBLIC HEARING:
7.1 CPZ-2007-2 Midway Development Regulations
Long-Range Planner Gloria Gould-Wessen submitted correspondence for the record from: 1)
Theresa Melton indicating that she does not want a change in her property's zoning
designation of MHP (Exhibit 1), 2) from Mr. Jim Seymour supporting staff's recommendation
to rezone TPN#2522040901 currently designated MR-H to High Density Commercial (Exhibit
2) and, 3) Mr. Brad Corner speaking to height limits, impervious surface restrictions, and
parking ratios for property zoned T-C 2 located east of Military and north of Kent Des
Moines/I-5 (Exhibit 3).
Johnson MOVED and Phillips SECONDED a Motion to accept the exhibits into the
record. Motion Carried 7-0.
Gould-Wessen stated that the development regulations and implementation tools are
grounded in the Envision Midway public process and in the Subarea Plan. She stated that
Envision Midway has been a year long collaborative effort with the City of Des Moines,
stakeholders who own property and have vested interests, as well as the public. Gould-
Wessen stated that the Midway Study Area extends to I-5 on the east, includes the Kent
Highlands area and extends south to 272nd. She described staff's approach to this project.
She spoke about the Draft Subarea Plan, the development of a Planned Action Ordinance,
design guidelines, and comprehensive plan land use and zoning map designations and
permitted uses.
Gould-Wessen stated that the vision in terms of development regulations was based on such
concepts such as transit supported development, quality of design, family-friendliness and
affordability, and connectivity with roads, trails and surrounding areas.
Gould-Wessen stated that proposed Land Use Option 1 recognizes transit-oriented
communities. She cited potential areas for METRO and Sound Transit station locations and
light rail alignment, stating that the Bus Rapid Transit stations should be in place within the
next year and the planning process started for Sound Transit light rail alignment and
stations within the next year and a half. She stated that the City regulations are based on
overlays, illustrating that between the overlay districts are auto-oriented areas.
Gould-Wessen stated that the Midway Transit-Community I zoning district is located along
Highway 99 and is intended to have lower density, reduced heights, auto-orientation yet
pedestrian friendly, acknowledging the highway running through the area.
Land Use and Planning Board Hearing
April 26,2010
Page 1 of 3
Gould-Wessen stated that Midway Transit-Community II zoning district allows higher
densities, mix of uses, pedestrian orientation, low-speed streets, with aesthetic appeal by
inclusion of amenities such as trees, benches, urban landscaping, and street level shops
opening onto the sidewalks, reduction of open parking lots and elimination of blank walls.
Gould-Wessen stated that the Midway Highlands area is a Commercial/Residential zoning
district allowing high-density mixed use, auto-orientation, stand-alone residential, stand-
alone office, or mixed-used development. Consideration would be given to what the market
desires at the time that development occurs.
Gould-Wessen stated that staff proposes in Option 2 to maintain the Mobile Home Parks
(MHP) zoning for existing parks. She stated that staff proposes changing the land use in
the Midway Overlay District areas from commercial and some residential to Transit Oriented
Community (TOC). Gould-Wessen stated that park owners would have opportunity to
rezone their property at such time there is interest for development in their area with
options to develop their own property or sell to a developer.
Gould-Wessen stated that Option 1 proposes changing the General Commercial (GC) zone
to CM-2 Commercial Manufacturing allowing small scale light industrial uses such as
warehousing and commercial use for a densely auto-oriented area south of the TOC.
Gould-Wessen stated that a transit-supported area located in the southern portion of the
Midway Subarea at 272nd Street will be zoned Midway Transit Community 1 (M-TCI) and
allows a 65 foot height limit, and a mix of uses. She stated that an area located off Military
Road would change to Community Commercial (CC). There is no zone change options
created outside the Midway Subarea.
Gould-Wessen stated that key components of the regulations reflect existing and proposed
uses, parking details, and development standards, two-story minimum height requirements
and acknowledge this area as transit-oriented.
Gould-Wessen stated that the proposed TC-1 zone along the west side of Pacific Highway
abuts single family and low-density multifamily homes within the City of Des Moines. The
TC-1 development standards would limit building heights to 65 feet and mimic similar
regulations in Des Moines. She stated that the TOC areas would have reduced parking
requirements as those areas would likely be served by transit.
Gould-Wessen stated that Options 1 & 2 call for a 65 foot minimum and 200 foot maximum
height limit in the MTC-2 and in the M-CR zone with incentives.
Gould-Wessen stated that Option 3 considers lowering maximum height limits as suggested
by the Board. Option 4 considers removing height limit restrictions or limiting height based
on FAA requirements. Gould-Wessen stated that density bonuses would not be applicable if
there are no height limitations. There must be a high demand with a compressed allowed
density for density bonuses to work. Option 3 waives 2-story minimum height requirements
and allows a single tenant 'big box' building on a one-acre site.
Gould-Wessen stated that Options 1 thru 4 do not allow drive-thru food services on either
Highway 99 or 301h Avenue. Drive-thru bank and pharmacy businesses are allowed on
Highway 99 in strip malls in Option 3. Existing drive-thru food services would be
grandfathered.
Gould-Wessen corrected her report to state that Option 3 allows an increase in the
maximum amount of impervious surface if the developer participates in a regional storm
detention or density bonus program.
Gould-Wessen stated that Kent continues to face questions and challenges with respect to
pedestrian versus auto-oriented development, drive-thru options, 2-story minimum building
heights vies -a-vies allowing big box retail, allowing parking requirements to be market-
driven rather than prescriptive, and how infrastructure would be funded. Gould-Wessen
stated that staff is not offering a recommendation other than seeking preliminary approval
on these options from the Board.
Land Use and Planning Board Hearing
April 26,2010
Page 2 of 3
Chair Ralph declared the Public Hearing open.
Robert W M`-Omber, PO Box 3113, 26448 Pacific Highway S, #101, Kent, WA 98040 stated
that he and his neighbors are concerned with future development as it relates to their
property which includes extensive wetlands located between 2601h and 272nd to the south
and between Highway 99 and Interstate 5. He stated that the wetlands sustained damage
in 1983 with the placement of the Midway sewer line. He stated that wetland surveys show
the wetland to extend halfway onto his property, suggesting that staff reconsider their
commercial zoning proposal and zone the wetlands open space. He stated that the
wetlands need to be protected.
Brad Corner, 14205 SE 36th St. #100, Bellevue, WA 98006 stated that he holds a five acre
parcel of property at 23004 Military Rd South within the Midway subarea. He stated that
from a developer's perspective his clientele would like to have the maximum coverage ratio
for his site. Corner stated that he would favor a 90-100% build-out ratio rather than
limiting build-out to 70% and spoke in favor of more flexibility for the developer. Corner
stated that he would like to develop a multi-story hotel building on his site as long it does
not "m" views and believes it would not block any views. (Minn approved as amended at
the 7/26/10 LUPB Hearing)
City Attorney Tom Brubaker stated that height limits are subject to FAA Regulations and
would trump any regulations that the City would implement. He stated that any
development would have to meet maximum height requirements set by the FAA.
Brubaker addressed concerns from the Board with respect to wetlands stating that any
development occurring on property with wetlands must comply with the wetland or critical
areas regulations regardless of zoning.
Johnson MOVED and Phillips SECONDED a Motion to accept M`Comber's submittal
(including a wetland map) into the record. Motion CARRIED 7-0.
Johnson MOVED and Dowell SECONDED a Motion to Close the Public Hearing.
Motion CARRIED 7-0. Ralph declared the public hearing closed.
Gould-Wessen stated that McComber's property contains a substantial wetlands area. She
stated that the wetlands are part of the headwaters of Massey Creek and impact
surrounding properties.
After deliberating, Dowell MOVED and Gill SECONDED to preliminarily approve the
amendments to the Kent Comprehensive Plan and Kent City Code — Title 15 related
to the Midway Subarea as presented by staff; accepting Option #2 Zoning
Designation Map. Motion PASSED 7-0.
Gill MOVED and Johnson SECONDED a Motion to allow additional height above 65
feet through an incentive program to a maximum of 200 feet as specified in
Option 2 and to allow drive-thru/drive up services (i.e. banks and pharmacies) if
two-story development is within strip malls or shopping centers as specified in
Option 3. Motion PASSED 6-1 with Ottini Opposed.
Johnson MOVED and Dowell SECONDED a Motion to allow an increase in maximum
impervious surface as proposed in Option 2 if development participates in a
regional storm detention program. Motion PASSED 7-0.
Anderson stated that the Land Use and Planning Board will hold a final public hearing to
consider the entire Midway package.
Johnson MOVED and Phillips SECONDED a Motion to Close the Public Hearing.
Motion PASSED 7-0.
Adiournment
Ralph declared the meeting adjourned at 8:07 p.m.
Charlene Anderson, AICP, Planning Manager
Secretary of the Board
P'.APlanningAWPBA2010AIInutu{030&10-LLIDBNllnutes.doc
Land Use and Planning Board Hearing
April 26,2010
Page 3 of 3