HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 03/26/2007 (4) LAND USE & PLANNING BOARD MINUTES
March 26, 2007
BOARD MEMBERS PRESENT: Chair Jon Johnson, Vice Chair Dana Ralph, Steve Dowell,
Alan Gray, Aleanna Kondelis, Jack Ottini
BOARD MEMBERS ABSENT: Tim Gimenez, Excused
STAFF MEMBERS PRESENT: Fred Satterstrom, Charlene Anderson, Kurt Hanson, Gloria
Gould-Wessen, Mike Mactutis, Mike Gillespie, Kim Adams Pratt, Pamela Mottram
Chair Johnson called the meeting to order at 7:00 p.m. in City Council Chambers.
Approval of Minutes
Dana Ralph MOVED and Steve Dowell SECONDED a Motion to APPROVE the Minutes of
December 11, 2006. MOTION CARRIED 6-0.
Added Items
Election of Officers
Notice of Upcoming Meetings
None
#CPA-2005-8 Parks &Open Space
Planner Gloria Gould-Wessen stated that this item was reviewed by the Land Use and Planning
Board on January 23, 2006 and December 11, 2006. She stated that publicly owned parcels have
been added to the Parks inventory and staff would like the land use designation to indicate that.
Ms. Gould-Wessen stated that there are 59 affected privately owned parcels with a land use
designation of Parks and Open Space that the City would like to correct by designating a land use
that is indicative of the zoning that presently exists for those parcels.
Chair Johnson declared the Public Hearing Open. Seeing no speakers, Steve Dowell MOVED and
Dana Ralph SECONDED a motion to close the Public Hearing. Motion Passed 6-0.
After deliberations, Jack Ottini MOVED and Steve Dowell SECONDED a MOTION to approve #CPA-
2005-8 Land Use Map Designation Parks and Open Space Update as recommended by staff.
Motion PASSED 6-0.
#CPA-2006-5 Reconciling Single Family Zoning & Land Use Designations
Planner Gloria Gould-Wessen stated that this proposal deals with reconciling single family zoning
and land use designations for approximately 4,492 affected tax parcels across the City. She stated
that this proposal was brought to staffs attention through Dkt-2006-4 which deals with matching
zoning districts and the comprehensive plan land use map designations.
Ms. Gould-Wessen stated that the other item within this project is dealing with zoning and land
use designations within the Lake Meridian Sub-basin, brought to staff's attention by the Lake
Meridian Community Association through Dkt-2006-3.
Ms. Gould-Wessen stated that for the ease of analysis, the map and reconciliation proposal divides
the city into geographic locations of West Hill, the Valley, North East Hill, South East Hill and Lake
Meridian.
Ms. Gould-Wessen submitted Exhibits 1 through 39D, Exhibit 40 (an analysis of real estate sales in
the region), and Exhibit 41 (phone comments from Sissi Longthorpe, 25421 1141" Ave SE)
expressing opposition to higher density in her neighborhood, for the record.
Ms. Gould-Wessen stated that a cluster of parcels: TPNs #2022059332, 9333, 9334, and 9356,
located on the Southeast Hill study area are presently zoned SR-6 with a Comprehensive Plan
Designation of SF-6 and are not part of this project although they were initially included in the
study.
Ms. Gould-Wessen recapped the decision criteria relevant to approving the five proposed
amendment options.
Ms. Gould-Wessen presented the five (5) options under consideration. She stated that there are
nine mapping anomalies listed under Option 1 and they affect 18 parcels. These mapping
anomalies are within each of the five options.
Assistant City Attorney Kim Adams Pratt referred to her memoranda dated March 22, 2007
addressed to the LUPB members, in presenting an overview on recent case studies concerning
urban density and Growth Hearings Board density rulings.
Public Works Environmental Engineering Manager Mike Mactutis gave a presentation focused on
conditions affecting the water quality of the Lake Meridian Watershed. He addressed how
residential development from affects the Lake's water quality and volume, citing runoff from
impervious surfaces, yards and household chemical runoff as well as impacts from vehicular traffic.
Mr. Mactutis stated that Lake Meridian formed from glaciers approximately 12,000 years ago and
was developed as more of an agricultural area over the first part of the 1900's transforming into
single family residential through the second portion of the 1900's up to the present day.
Mr. Mactutis spoke about the design standards the city applies for the Lake Meridian Basin area
with respect to detention ponds to mitigate for the water run-off from developments and to
maintain water quality. He stated that the City applied a resource stream protection water quality
standard for the basin area, requiring developments vested after 2002 to comply with these
standards.
Mr. Mactutis stated that a number of water quality studies were done beginning in the 1970s and
continuing through the present. He stated that the City found the lake to meet the oligotrophic
standards for good water quality. Mactutis stated that water samples obtained from the major
storm drainage outfalls from individual basins flowing into the lake are generally showing the same
results that have been seen over the last 30 years for phosphorus.
Mr. Mactutis stated that the City is in the current phases of construction on a labyrinth wier for the
Lake's outlet, designed to increase the outflows from the lake when the water levels are higher,
and will allow the downstream channel, which has fish habitat, to increase the flows into that
stream approximately one month further into the summer time.
Mr. Mactutis stated that although you see some water quality impacts around the shallower parts
of the lake, in general the quality of the Lake is good. The Lake's deepest point is 90 feet and as
such is resilient and able to handle more water quality impacts from development than lakes such
as Clark Lake and Lake Fenwick.
Ms. Gould-Wessen described the following five options:
Option 1) This is the no change option. The Comprehensive Plan Land Use designation dictates
what the zoning will be. So all the zoning would move up to the existing Comprehensive Plan Land
Use Designation.
Option 2) This option maintains the existing zoning districts and the Comprehensive Plan Land Use
Designations would be lowered to the existing zoning.
Land Use and Planning Board Meeting
Minutes-March 26,2007
Page 2 of 7
Option 3) This option is similar to Option 2 with the exception of the Lake Meridian Sub-basin. In
the Basin properties with a Zoning District designation of SR-4.5 and SR-6 would be lowered toSR-
3 and their Comprehensive Plan Land Use Map designations would change from SF-6 to SF-3.
Option 4) This option is similar to Option 2. For properties in the Lake Meridian Sub-basin, the
Zoning Districts would change from SR-4.5 and SR-6 to SR-1 and be supported by a
Comprehensive Plan and Use Map designation of Urban Separator.
Option 5) Ms. Gould-Wessen stated that staff is recommending this option and indicated that this
option shows the nine mapping anomalies; further stating that the staff report details the entire
options.
West Hill) Ms. Gould Wessen stated that the West Hill study area properties would generally be
zoned to match the higher Comprehensive Plan Land Use designations with a few exceptions. She
stated that the largest exception is the properties located in the wooded wetlands and the
headwaters of McSorley Creek. She stated that staff is recommending lowering the Zoning District
for this area to SR-1 supported with a Comprehensive Plan Land Use designation of Urban
Separator.
Valley) Ms. Gould-Wessen stated that a parcel of property in the Valley would change from a split
zone designation to a single zone to represent land use zoning of M-1 and Industrial for the entire
parcel.
North East Hill) Ms. Gould-Wessen stated that the North East Hill study area Comprehensive Plan
Land Use designation would remain at SF-6 and the zoning increase to SR-6. She cited exceptions
where the Zoning District would stay the same at SR-4.5 and the Land Use designation would
decrease to SF-4.5 in support of the zoning. She stated that there is a section of property that has
a Land Use designation of SF-8 where the zoning would increase to SR-8.
South East Hill) Ms. Gould-Wessen stated that the zoning would match the Comprehensive Plan
Land Use designations which are generally SF-6 with the exception of an area near Scenic Hill,
where the Land Use designation would decrease to match the SR-4.5 zoning.
Lake Meridian) Ms. Gould-Wessen stated that the Zoning Districts and the Land Use Map
designations throughout the area would change to SR-4.5 and SF-4.5.
Community Development Director, Fred Satterstrom stated that a reconciliation process was begun
when the Council decided they would like to make zoning decisions legislatively on an area wide
basis as opposed to a piecemeal basis.
Jack Ottini MOVED and Steve Dowell SECONDED a Motion to Accept Exhibits Numbers 1-41
submitted for the record. Motion CARRIED 6-0.
Chair Johnson declared the Public Hearing Open.
JAMES THOMAS, 22904 MILITARY RD. S, KENT, WA (WEST HILL) questioned what is happening
with the zoning on the area surrounding his property. Ms. Gould-Wessen satisfied Mr. Thomas's
concerns by stating that current zoning in Mr. Thomas's area is SR-6 with a Commercial Land Use
designation and that staff is recommending maintaining the SR-6 zoning and changing the Land
Use to SF-6.
MAUREEN CURRAN, 24322 94T" AVE S, KENT, WA (NORTH EAST HILL) stated that she owns
approximately five acres on 941" Avenue South questioning what zoning staff is proposing for her
property. Ms. Gould-Wessen stated that Ms. Curran's property has a land use of SF-8 and a
zoning of SR-4.5 with a staff recommendation to zone it SR-8.
Land Use and Planning Board Meeting
Minutes-March 26,2007
Page 3 of 7
CRAIG ANDERSON, 26424 WOODLAND WAY S, KENT, WA (SOUTHEAST HILL) stated that his
neighborhood is surrounded by SR-8. He stated that developers are buying single family parcels
from 104th to 267th for development. He cited a multifamily development planned near his
neighborhood which will encroach into the neighboring parcels. He voiced concern that he did not
see an environmental statement for Mill Creek, indicating it as either a public park or other
recreational usage.
DENISE SIMPSON, 10005 SE 267T" ST, KENT, WA (SOUTH EAST HILL) stated that her Scenic Hill
neighborhood consists of large lots, houses and trees. She voiced her concerns with developer
attempts to increase zoning to SR-6, clear-cut trees, resulting in degrading her neighborhood. She
voiced support of staffs recommendation to retain 4.5 zoning and change the comprehensive plan
designation to match the zoning.
GEORGE WEDVIK, 26510 WOODLAND WY S, KENT, WA (SOUTH EAST HILL) stated that he does
not want his neighborhood to deteriorate due to high density housing and voiced support for any
improvements the city could implement to relieve traffic congestion.
NADINE BISHOP, 26504 99TH PL S, KENT, WA (SOUTH EAST HILL) said that she resides on a cul-
de-sac backed up to Mill Creek, and would like zoning to remain at 4.5.
JILL LEGHORN (daughter-on behalf of) HERMAN & LOUISE PAULSON, 25325 116T" AVE SE, KENT,
WA (SOUTH EAST HILL) stated that her folks agree with staffs recommendation to zone this area
SR-6, for consistency with zoning on property located behind and across from their property.
NANCY STREIFFERT, 10102 SE 270TH PL, KENT, WA (SOUTH EAST HILL) stated that forty of her
neighbors signed a petition in favor of staffs recommendation to retain 4.5 houses per acre
zoning. She submitted the petition for the record. She spoke on her concerns with increased
traffic and flooding issues based on new development.
WILLIAM FIEBERG, 27252 1215T AVE SE, KENT, WA (SOUTH EAST HILL) voiced opposition to
rezoning many residential areas to higher densities where apartments or condominiums would
potentially be built. He stated that although this would mean more revenue for the city, people
would be unable to pay their taxes because of increased real estate values.
PAUL MORFORD, PO BOX 6345, KENT, WA (SOUTH EAST HILL) voiced support for staffs
recommendation for a zoning designation of SR-6 for the area primarily located to the north of
256th and between 111th and 1161h heading north to approximately 253rd, as it would be compatible
with the surrounding properties already zoned SR-6.
DONALD WEST, 25866 136T" AVE SE, KENT, WA (LAKE MERIDIAN) voiced concern with a housing
development going in on the corner of 256th and 136th without evidence of a left turn lane going in
on 256th to alleviate congestion and the already high volume of traffic.
Engineering Development Manager Mike Gillespie clarified that the roadway Mr. West is concerned
with is located east of 132nd on the north side of 2561h. He stated that several developments are
occurring at present and those developments are adding paved shoulders to that road. Mr.
Gillespie stated that the City intends to widen the street to 3 lanes in the future as part of a Capital
Project. He stated that the timeframe for widening 256th is in Public Works Capital Improvement
Plan and is one of the projects on the priority list for the Transportation Master Plan, currently
being reviewed by the Council.
SHARON BOSSE, 25739 135T" AVE SE #41, KENT, WA (LAKE MERIDIAN) spoke on issues related
to the Lake's declining water clarity, contaminant levels, pollutants, and storm water runoff. She
referred to a King County Lake Monitoring Report completed between 1999 and 2003. She urged
the Board to consider zoning the Lake Meridian area SR-3.
Land Use and Planning Board Meeting
Minutes-March 26,2007
Page 4 of 7
KARL WAGONER, 13613 SE 266T" ST., KENT, WA (LAKE MERIDIAN) spoke on issues related to
Lake Meridian's poor water quality, citing the Lake as a Class-5 impaired lake, based on a
Department of Ecology report.
MONICA O'NEILL, 26459 137T" AVE SE, KENT, WA (LAKE MERIDIAN) speaking on behalf of the
Lake residents, stated that they desire to see a variety of densities including lower density options.
Ms. O'Neill reported on statistics from questionnaires completed by Kent citizens from a series of
workshops held by the City of Kent, with respect to what they favored in terms of zoning around
Lake Meridian. She cited that the majority of citizens favored a zoning of SR-3 for the Lake
Meridian Watershed.
KATHY CURTIS, 14256 SE 270TH PL, KENT, WA (LAKE MERIDIAN) spoke about concerns with
inadequate infrastructure to support development and public safety issues that would occur. She
stated that the roads cannot adequately support SR-6 zoning densities and urged the Board to
consider a lower density of SR-3.
BRUCE AXWORTHY, 26320 135T" AVE SE, KENT, WA (LAKE MERIDIAN) Vice President of the Lake
Meridian Community Association, spoke about concerns with the deterioration of the Lake's water
quality, voicing opposition to higher density development.
JOHN NASON, 14405 SE 266T" ST, KENT, WA (LAKE MERIDIAN) spoke in favor of SR-3 zoning for
property contiguous to the lake and zoning properties set back from the lake at an SR-4.5 level to
allow for some density.
KEITH REICHOW, 26409 148T" AVE SE, KENT, WA (LAKE MERIDIAN) spoke in opposition to higher
density development close to the lake based on his water quality concerns.
SALLY MCDONOUGH, 26441 137T" AVE SE, KENT, WA (LAKE MERIDIAN) stated that residents
have turned in and referenced a variety of documents with pertinent information from the State of
Washington Agencies; the Water Quality Management from 2005, Wetlands in Washington State
from 2005, Washington Priority Habitats and others. She stated that the staff sources and
bibliography are up to 13 years old and from out of state, questioning if staff has used Best
Available Science (BAS) to make recommendations on this project.
Ms. McDonough stated that the 2006 Protecting Water with High Density document used in staff's
recommendation concludes "a superior approach to protect water resources locally is likely to be
some combination of development densities based on local factors incorporating adequate open
space, preserving critical ecological and buffer areas, and minimum land disturbance."
Ms. McDonough stated that the community feels they are up against resistance for down-zoning to
3-houses per acre to protect the Lake Meridian Watershed and more importantly Lake Meridian.
KIM FISCHER, 25011 135T" AVE SE, KENT, WA (LAKE MERIDIAN) spoke on issues of traffic
congestion, the economic benefits to the City and developers with a higher density zoning. She
spoke about the unfairness for those property owners who would lose property value while others
would gain property value if a higher density rezone occurs. She stated that over-congestion is
having a direct impact on the lake's water quality. She voiced support for SR-3 zoning for
properties around the lake with a 4.5 zoning designation for properties set back from the lake.
HANS FREIWALD, 11824 SE 270TH ST, KENT, WA (SOUTHEAST HILL & LAKE MERIDIAN) spoke on
environmental issues. He stated that most catch basins are inadequate to accommodate water
runoff. He spoke on how developers are destroying the salmon habitat in Mill Creek and how the
spawning areas need to be restored. He voiced support for SR-3 zoning for surrounding lake
properties with a zoning of 4.5 for those properties set back from the lake. Mr. Freiwald spoke
about the need to educate people on the use of organic fertilizers to eliminate contaminating the
Lake.
Land Use and Planning Board Meeting
Minutes-March 26,2007
Page 5 of 7
BILL DINSDALE, 13700 SE 266T" ST., KENT, WA (LAKE MERIDIAN) spoke on issues related to
water levels and water quality and housing densities. He stated that he owns 50 acres to the
south of Lake Meridian zoned SR-6 which would not affect densities around Lake Meridian.
He stated that the health of Soosette Creek, which runs across his property, has improved with the
construction of a major retention pond, which has stopped flooding and regulated water flow and
allowed salmon to return to the Creek. He stated that an oil separator has been put in place that
catches water runoff from 266th and separates oil out. He stated that people should be able to live
in the Lake Meridian area and not be priced out of the area.
EDWIN THOMAS, 27239 121ST AVE SE, KENT, WA (LAKE MERIDIAN) stated that water retention
ponds are not adequate to accommodate water runoff nor filter out pollutants.
BRIAN MCDONOUGH, 26441 137T" AVE SE, KENT, WA (LAKE MERIDIAN) spoke on issues related
to the Lake's poor water quality, citing contaminants from impervious surface, asphalt and roof
runoff. He urged staff to plan for the entire watershed not just the boundary surrounding the Lake
in deciding where the zoning is going to be allowed. He stated that if all the trees are removed,
the lake doesn't have a chance.
JAMES ISHII, 9210 S 237T" PL, KENT, WA (NORTH EAST HILL) stated that his concern is the
parcels located north of 240th or James Street on 94th. He stated that it looks like the intent is to
increase density to SR-6 for those parcels, urging the Board to retain those parcels at a SR-4.5
zoning density; as 94th has only one easy exit out to James Street. He stated that this is a
dangerous area with an already high volume of traffic where children travel. He spoke about
surface water drainage issues in his area urging the Board to retain the lowest possible density.
JAMES T TUNTLAND, 25725 135T" PL SE, KENT, WA (LAKE MERIDIAN) spoke about the children
being a valuable commodity and that they are being endangered when their space is being taken
from them if densities are increased at six homes per acre.
Seeing no further speakers, Jack Ottini MOVED and Alan Gray SECONDED a Motion to Close the
Public Hearing. Motion CARRIED 6-0.
Ms. Gould-Wessen submitted one additional exhibit from Mr. Brian Minnis, 9444 S 2841h St., Kent
(North East Hill) into the record, documented as Exhibit #42. Hearing no objections, Chair
Johnson accepted the document into the record.
After deliberations, Dana Ralph MOVED and Jack Ottini SECONDED a Motion to accept staff's
recommendation of Option 5 for the West Hill area. Motion CARRIED 6-0.
After deliberations, Jack Ottini MOVED and Steve Dowell SECONDED a Motion to accept staff's
recommendation of Option #5 for the Valley area to change the split-zone zoning designation of
SR-6 and M1 to M1 and change the split-zone Land Use Designation from MU/Mixed Use and
Industrial to Industrial. Motion CARRIED 6-0.
During deliberations with respect to North East Hill, member Dana Ralph noted for the record that
she owns a piece of property in that area. After further deliberations, Dana Ralph MOVED and
Alan Gray SECONDED a Motion to accept staffs recommendation of Option #5 for the North East
Hill area. Motion CARRIED 6-0.
After deliberations, Aleanna Kondelis MOVED and Alan Gray SECONDED a Motion to accept staff's
recommendation of Option #5 for the South East Hill area. Motion CARRIED 6-0.
Land Use and Planning Board Meeting
Minutes-March 26,2007
Page 6 of 7
After discussion, Board Members Dowell, Ottini, Johnson and Gray expressed their support for
zoning lots contiguous to Lake Meridian SR-3, with member Johnson and Kondelis stating that they
felt a 4.5 zoning would not create significantly negative impacts.
After extensive deliberations, Dana Ralph MOVED and Steve Dowell SECONDED a Motion to accept
staff's recommendation of Option #5 for the Lake Meridian area with the exception of properties
directly adjacent to the Lake, electing to apply staffs recommendation under Option #3 to
designate those properties SR-3/SF-3, justifying their recommendation based on the following
specific criteria used by the Growth Management Hearings Board to determine appropriate urban
densities; as outlined in Kim Adams Pratt's memoranda:
#1, 5. a & b and 6.b. 1. "The City is able to accommodate its share of the 20 year growth
forecast, now and in the future". 5. a) Lake Meridian "contains large scale, complex, high value
critical areas that require an additional level of protection", and 5. b) Lake Meridian "contains
limited unique geologic or topographical features that require the additional protection through low
densities than can be provided by critical area regulations' 6.b) Regarding "the percentage of
residential land designated at densities less than 4 du/ac,"as a whole the number of lots adjacent
to Lake Meridian that the Board is recommending for a SR-3/SF-3 density is very small as
compared to the total number of lots in that area where the Board is recommending a designation
of 4.5.
Motion CARRIED 5-1 with Aleanna Kondelis Opposed.
Election of Officers
Chair Johnson declared the nominations open for Chair and Vice Chair. Jack Ottini Moved and
Steve Dowell Seconded a Motion to nominate Jon Johnson to continue to serve in the position of
Chair and Dana Ralph to continue to serve in the position of Vice Chair. Motion CARRIED 6-0.
Adjournment
Jack Ottini MOVED and Dana Ralph SECONDED a MOTION to adjourn the meeting. Chair Johnson
adjourned the meeting at 10:40 p.m.
Charlene Anderson, AICP, Planning Manager
Secretary of the Board
Sr I PermitI Pian I LUPB12007I Minutesl032607 LUPSmin.doc
Land Use and Planning Board Meeting
Minutes-March 26,2007
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