HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 06/25/2007 (4) COMMUNITY DEVELOPMENT
4^* Fred N. Satterstrom, AICP, Director
PLANNING SERVICES
000 Charlene Anderson,AICP, Manager
KENT
W A S H I N G T O N Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
AGENDA
LAND USE & PLANNING BOARD
HEARING
JUNE 25, 2007
7:00 P.M.
LAND USE & PLANNING BOARD MEMBERS: CITY STAFF
Jon Johnson, Chair Charlene Anderson, AICP, Planning Mgr
Dana Ralph, Vice Chair Gloria Gould-Wessen, AICP, Planner
Steve Dowell Pamela Mottram, Admin Secretary
Tim Gimenez Kim Adams Pratt, Asst City Attorney
Alan Gray
Aleanna Kondelis
Jack Ottini
This is to notify you that the Land Use and Planning Board will hold their regularly
scheduled Public Hearing on MONDAY, June 25, 2007 in Kent City Hall, City Council
Chambers, 220 4th Avenue South, at 7:00 p.m. The public is welcome to attend and all
interested persons may have an opportunity to speak. Any person wishing to submit oral or
written comments on this 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 Minutes from the April 23, 2007 Meeting
4. Added Items to Agenda
5. Communications
6. Notice of Upcoming Meetings
7. PUBLIC HEARING:
#ZCA-2007-3 Proposed Revision to Docketing and Comprehensive Plan
Annual Amendment Procedures (Gloria Gould-Wessen)
Consider amending Kent City Code Chapter 12.02 'Docketing Procedures for
Annual Amendments to Comprehensive Plan and Development Regulations"to
provide clarification, simplification, and flexibility.
Any person requiring a disability accommodation should contact the City/n Advance for more information.
For TDD relay service for Braille, call 1-800-833-6385, for TDD relay service for the hearing impaired, call 1-800-833-
6388 or call the City of Kent Planning Services directly at(253)856-5499(TDD)or the main line at(253)856-5454.
For further information or a copy of the staff memorandum contact the Planning Services office at(253) 856-5454.
Check hM2-11www.ci.kent wa.us/p/anning/landuseplannin-b4 oard for available documents.
S.IPermitIPlaniLUPB12007IAgendas1062507LUPSHrq Agda.doc
LAND USE & PLANNING BOARD MINUTES
April 23, 2007
BOARD MEMBERS PRESENT:
Chair Jon Johnson, Vice-Chair Dana Ralph, Alan Gray, Aleanna Kondelis, Jack Ottini
BOARD MEMBERS ABSENT: Steve Dowell (excused?), Tim Gimenez (excused?)
STAFF MEMBERS PRESENT: Charlene Anderson, Kim Adams Pratt, Chris Holden
Approval of Minutes:
Jack Ottini MOVED and Alan Gray SECONDED a Motion to APPROVE the Minutes of March 26,
2007. MOTION CARRIED 5--0.
Added Items: None
Notice of Upcoming Meetings:
Planning Manager Charlene Anderson stated that the City Council Planning and Economic
Development Committee made a motion to approve the Reconciling of Single Family Zoning &
Land Use Designations #CPA-2006-5 / #CPZ-2006-2. She stated that this item will be placed on
the City Council Agenda for May 15, 2007 at 7:00 PM.
#ZCA-2007-1 Animals in Residential Districts
Planning Manager Charlene Anderson presented the request to allow animals in residential districts
in the City of Kent. She reiterated that the current regulations only allow animals on lots of 20,000
square feet or larger. A matrix has been included in the staff report that shows what animals are
allowed in neighboring cities. Also included is Bellevue's code regarding animals. Ms. Anderson
remarked that the staff report provides proposed changes to the Zoning Code regarding what type
of small animals including domestic fowl and bees would be allowed in all zoning districts in Kent.
Ms. Anderson commented that there had been 54 complaints regarding farm animals, including
chickens, received by the City of Kent since 2001. In general, the type of complaints received by
the cities of Tacoma and Seattle related to the crowing of roosters and the number of chickens on
property.
A letter was received and submitted by a concerned citizen regarding allowing chickens on
residential lots; specifically, setbacks and smell issues.
Chair Johnson declared the Public Hearing Open. Tami Jackson and Brian Ward both spoke about
how chickens are pets and with proper care, there should be no smell or odor problems associated
with chickens. Both speakers did state that the present location of their chicken coop is on the
property line.
Jack Ottini MOVED and Alan Gray SECONDED a motion to close the Public Hearing. Motion Passed
5-0.
Further discussion ensued regarding setback requirements for structures housing animals.
Vice-Chair Dana Ralph made a MOTION to accept the staff recommendation of amending Kent City
Code Sections — Title 8 (Health and Sanitation) and Title 15 (Zoning) regarding "animals" in
residential zoning districts. Jack Ottini SECONDED MOTION. Motion PASSED 5-0.
Adjournment
Jack Ottini MOVED and Alan Gray SECONDED a MOTION to adjourn the meeting. Chair Johnson
adjourned the meeting at 7:30 p.m.
Charlene Anderson, AICP, Planning Manager
Secretary of the Board
S[Permit)P/an 1 LUP8120071 Minutes1042307 LUPBmin.doc
Land Use and Planning Board Meeting
Minutes—April 23, 2007
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COMMUNITY DEVELOPMENT
Fred N. Satterstrom, AICP, Director
• PLANNING SERVICES
KENT Charlene Anderson,AICP, Manager
W A S H I N G T O N
Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
June 18, 2007
To: Chair Jon Johnson and Land Use & Planning Board Members
From: Gloria Gould-Wessen, AICP, GIS Coordinator/Long Range Planner
Subject: Proposed Revision to Docketing and Comprehensive Plan Annual Amendment
Procedures found in Chapter 12.02 (ZCA 2007-3/KIVA #2072278)
For LUPB Public Hearing of June 25, 2007
MOTION: Recommend approval/denial/modification of proposed amendments to Kent
City Code Chapter 12.02 "Docketing Procedures for Annual Amendments to
Comprehensive Plan and Development Regulations"as recommended by staff.
SUMMARY: Planning Services is proposing to amend Kent City Code Chapter 12.02 "Docketing
Procedures for Annual Amendments to Comprehensive Plan and Development Regulations' The
proposed amendments provide clarification, simplification, and flexibility. On June 11, 2007, the
Board held a workshop on this issue, and staff has also apprized the Planning and Economic
Development Committee of the proposal. The SEPA official has determined the proposal is procedural
in nature and no further SEPA review is required.
BACKGROUND: The Growth Management Act outlines a procedure for jurisdictions to follow that
assists the public in suggesting amendments to the Comprehensive Plan, development regulations,
and growth policies on an annual basis. Docketing refers to compiling and maintaining a list of
suggested changes to the comprehensive plan or development regulations to ensure they will be
considered by the City and will be available for review by the public. On November 2, 2004,
Ordinance #3722 revised Kent City Code Chapter 12.02 to include a docketing process. Those
revisions included a new section KCC 12.02.035 — Process for Review which provided detailed
instructions and timelines for completing Comprehensive Plan amendments, and KCC 12.02.045 —
Annual Docket Evaluation Criteria, which provided evaluation criteria for amendments to
comprehensive plan text, map and development regulations, along with several other minor revisions.
The current proposal amends KCC 12.02 "Docketing Procedures for Annual Amendments to
Comprehensive Plan and Development Regulations"to be more flexible, more sensitive to time
frames required for complex Comprehensive Plan amendments, and more supportive of
implementation of the long-term plan. In general, the process schedule has been modified, new
evaluation criteria provided, public participation process defined, and submittal and review process
clarified. There are no fees for processing docketed items.
Staff will be available at the June 25th meeting. If there are any questions prior to the meeting,
please contact Gloria Gould-Wessen at (253) 856-5441.
CA\pm: 5:IPermitlPlanIZONECODEAMEND120071ZC4-2007-3 DocketProceduresRevisionslLUP81062507 LUPB StfRpt.doc
Enc: Attachment A-Proposed Amendment to KCC 12.02
cc: Fred N.Satterstrom,AICP,Community Development Director
Charlene Anderson,AICP,Planning Manager
Gloria Gould-Wessen,AICP,GIs Coordinator/Planner
Kim Adams-Pratt,Assistant City Attorney
Project File
Attachment A
5
Land Use and Planning Board
Public Hearing
June 25, 2007
Chapter 12.02
DOCKET! PROCEDURES FOR
ANNUAL AMENDMENTS TO COMPREHENSIVE PLAN AND
DEVELOPMENT REGULATIONS
Sections:
12.02.005 Purpose
12.02.010 Annual deek' Amendments and exceptions.
12.02.020 Concurrent review for comprehensive plan amendments.
12.02.025 Docketingese.
12.02.030 Time of filing.
12.02.035 Process for review.
12.02.040 SEPA review.
12.02.045 Annual docket evaluation criteria.
12.02.050 Comprehensive plan amendment standard of review.
12.02.055 Public participation program, basic elements
12.02.060 Process and Notice requirements.
12.02.080 Standing.
12.02.090 Fees.
1 2 n2 inn Appeals.
12.02.005. Purpose
The purposes of this chapter are to establish the procedures and review criteria for amending
the city's comprehensive plan and development regulations and to provide for public
participation. Amendments to the comprehensive plan are the means by which the city may
modify its twenty-year plan for land use, development or growth policies in response to
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changing city needs or circumstances. Comprehensive plan and development regulation
amendments will be reviewed in accordance with the state Growth Management Act(GMA)and
other applicable state laws, the countywide planning policies, the Kent Comprehensive Plan,
and applicable capital facilities plans. Comprehensive plan and development regulation
amendments will be afforded appropriate public review pursuant to this chapter.
12.02.010.Amendments and exceptions.-Annual docket amendments and exceptions.
A. The Comprehensive Plan shall be amended pursuant to this chapter no more than
once each calendar year as part of the annual cycle established in this chapter, excepAmendments te the eempFehensive plan land use rnap, Eeffiffelhensive plan text, and
needs ef the eity via the annual deeket pFeeess. The city eeuneffil shall eensideF pFE)pesed
except that under the following circumstances, amendmentswhieh may be processed
separately and in addition to the standard annual upda-tecycle:
Al. If an emergency exists, which is defined as an issue of community-wide significance
that promotes the public health, safety, and general welfare;
-132. To resolve an appeal of a comprehensive plan filed with a growth management
hearings board or with the court;
Q. To adopt or amend a shoreline master program under the procedures set forth in
Chapter 90.58 RCW;
94. The initial adoption of a subarea plan; and
€5. The amendment of the capital facilities element of the comprehensive plan that
occurs concurrently with the adoption or amendment of the city budget. The city council
will hold the public hearing on this matter rather than the land use and planning board.
(Ord. No. 3237, § 1, 7-6-95; Ord. No. 3650, § 1, 7-15-03; Ord. No. 3722, § 1, 11-2-04)
B. Annual cycle amendments to the Comprehensive Plan may be made to address
technical updates and corrections, and to consider amendments that do not require
substantive changes to policy language, This review may be referred to as the annual
cycle.
C. Every seven years from December 1, 2004, the city shall complete a
comprehensive review of the Comprehensive Plan in order to update it as appropriate
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and to ensure continued compliance with the GMA. This review may provide for a
cumulative analysis of the twenty-year plan based upon official population growth
forecasts, benchmarks, and other relevant data in order to consider substantive changes
to policy language.
12.02.020_Concurrent review for comprehensive plan amendments.
In considering annual amendments to the comprehensive plan, city staff, the land use
and planning board, and the city council shall consider all proposed text and land use
map amendments concurrently so as to assess their cumulative impact.
(Ord. No. 3237, § 1, 7-6-95; Ord. No. 3650, § 1, 7-15-03; Ord. No. 3722, § 1, 11-2-04)
12.02.025 Docketing purpose.
A. In accordance with RCW 36.70A.470 a list of suggested changes to the
comprehensive plan text, area-wide comprehensive plan land use map, or development
regulations shall be coordinated by the planning services office. The list shall be known
as the docket and is the means to suggest a change or identify a deficiency in the
Comprehensive Plan or development regulations.
maintaining a lost ef prepesed changes te the eempFehensive plan eF develepm
regulatiens mig a rnanneF that will ensure sueh pFepesals will be eensideFed by the City
and will be available fer Feview by the publie. Any interested party may submit items to
the docket using the docket form prescribed by the planning services office.
B. A property owner or authorized agent of the property owner shall request a site-
specific amendment to the land use map of the comprehensive plan by submitting
complete applications for comprehensive plan map amendment, zoning district map
amendment (if applicable), environmental checklist, and applicable fees. The
applications will be processed in accordance with Process VI as described in KCC 12.01.
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C. The docket request for Comprehensive Plan amendments shall include the
following elements:
1. A detailed statement of the propsoed amendment and reason for the
amendment;
2. A statement of anticipated impacts of the change, including geographic
area affected and issues presented.
3. A demonstration of why existing comprehensive plan guidance should not
continue in effect or why existing criteria no longer apply.
4. A statement of how the amendment complies with the Growth
Management Act's goals and specific requirements.
5. A statement of how the amendment complies with the Countywide
Planning Policies; and
6. A statement of how functional plans and capital improvement programs
support the change.
(Ord. No. 3722, § 1, 11-2-04)
12.02.030. Time of filing.
A. The deadline for submitting an application for amendments to comprehensive plan
text, site-specific amendments to the land use plan map in KCC 12.02.025(B), and
development regulations for consideration in the annual cycle is September 1, or the
first business day in Septernber.Any peFsen, greup,
the planning seFviees effiee, whieh shall be submitted te the planning se. A- effiee by
will net be aecepted feF filing,
6B. Requests received each year after September 1 shall be considered in the following
year's annual docket amendment process.
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(Ord. No. 3237, § 1, 7-6-95; Ord. No. 3650, § 1, 7-15-03; Ord. No. 3722, § 1, 11-2-04)
12.02.035. Process for review.
A. _A+I Eroposals for amendments to the comprehensive plan land use map that have
been filed with the planning services office in accordance with KCC 12.02.9-38025(B) will
be forwarded to the city council for action during the eLiFFent anRua4 comprehensive plan
angendmentannual cycle.
B. _A*-pProposals for amendments to development regulations that have been filed
with the planning services office in accordance with KCC 12.02.9-39025(A) will be
considered in an annual docket report which isaf�d forwarded to the city councilfi f
each year.
C. _A*-pProposals for amendments to the comprehensive plan text and development
regulations filed with the planning services office in accordance with KCC
12.02.9-38025(A) shall be compiled by the planning services office and distributed for
review and comment to those city departments responsible for the applicable element of
the comprehensive plan or the development regulation. The planning
services office also shall seek public comment on the Comprehensive Plan and anx
proposed Comprehensive Plan amendments in accordance with KCC 12.02.055.
D. _Using the criteria provided in KCC 12.02.045, city staff will review and submit to
the planning services office, ne late-than Getebe= 31, recommendations as to which
proposals should have action taken on them during the annual cycle and which should
beer made part of a city department work program.
E. _The planning services office will compile a+comments and recommendations on
proposed amendments to the comprehensive plan text and development regulations in
an annual docket report along with a list of the proposed amendments to the
comprehensive plan land use map. The report shall include a classification of the
docketed items as appropriate for either the annual cycle or the seven-year cycle, and a
staff recommendation as to whether the docketed items should be included in the
recommended comprehensive plan update. If the docketed items will not be included in
the annual cycle, the staff shall indicate the reason(s) why. The docket report also shall
indicate the proposed public workshop and hearing dates for Land Use & Planning Board
or other public meetings wherein the proposed changes will be considered. The annual
docket report shall be presented to the
The land use and planning beaFd will eensideF the annual deeket FepeFt and feFwaFd a
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city council at their first meeting in December.
Upon receipt of the docket report, the council shall indicate the committee meeting
date(s) when proponents may petition the council to consider docket changes that were
not recommended by staff.
F.
Proposed amendments to comprehensive plan text
and development regulations iget inelbided feF aetien by the eity eeanei4that are not
recommended shall be included for consideration in the next year's docket for a period
of three (3) years.
G. Proposed amendments that are found to require preparation of an environmental
impact statement shall be considered for inclusion in the next amendment cycle
following completion of the appropriate environmental documents.
H. _The annual docket report will be posted on the city's web site thFebigheHt the yea
and updated annually.
(Ord. No. 3237, § 1, 7-6-95; Ord. No. 3650, § 1, 7-15-03; Ord. No. 3722, § 1, 11-2-04)
12.02.040. SEPA review.
The city's responsible official shall review the
cumulative anticipated environmental impact of the proposed amendments to the
comprehensive plan land use map, comprehensive plan text, and development
regulations, pursuant to the Washington State Environmental Policy Act (SEPA). If the
responsible official determines that an environmental impact statement (EIS),
supplemental EIS, or other appropriate environmental review is warranted, applicants
for amendments to the comprehensive plan land use map may be responsible for a full
or proportionate share of the costs of preparing the necessary documents as determined
by the responsible official.
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(Ord. No. 3237, § 1, 7-6-95; Ord. No. 3650, § 1, 7-15-03; Ord. No. 3722, § 1, 11-2-04)
12.02.045.Annual docket evaluation criteria.
A. _Proposed amendments to the comprehensive plan text, area-wide comprehensive
plan map and development regulations on the annual docket may be recommended for
action if the following criteria have been met:
1. The proposed comprehensive plan text amendment addresses a matter
appropriate for inclusion in the comprehensive plan;
2. The proposal demonstrates a strong potential to serve the public interest
by implementing specifically-identified goals and policies of the comprehensive plan;
3. The proposal addresses the interests and changed needs of the entire city
as identified in its long-range planning and policy documents, including but not
limited to the comprehensive plan;
34. The proposal does not raise policy or land use issues that are more
appropriately addressed by an ongoing work program approved by city council;
45. The proposal can be reasonably reviewed within the time frame of the
current annual work program and existing staff and budget resources; and
-56. The proposal has not been considered by the city council in the last three
(3) years. This time limit may be waived by the city council if the proponent
establishes that there exists either an obvious technical error or a change in
circumstances justifies the need for the amendment.
B. _Staff may propose to expand the geographic scope of an amendment to the
comprehensive plan land use map to allow for consideration of adjacent property,
similarly situated property, or area wide impacts. The following criteria shall be used in
determining whether to expand the geographic scope of a proposed land use map
amendment:
1. The effect of the proposed amendment on the surrounding area or
neighborhood or city;
2. The effect of the proposed amendment on the land use and circulation
pattern of the surrounding area or neighborhood or city; and
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3. The effect of the proposed amendment on the future development of the
surrounding area or neighborhood or city.
(Ord. No. 3722, § 1, 11-2-04)
12.02.050. Comprehensive plan amendment standard of review.
The planning services office may recommend and the city council may approve, approve
with modifications, or deny amendments to the comprehensive plan text or land use
map designations based upon 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 will result in Iona-term benefits to the community as a
whole and is in the best interest of the community; and
-34. 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.
(Ord. No. 3237, § 1, 7-6-95; Ord. No. 3650, § 1, 7-15-03; Ord. No. 3722, § 1, 11-2-04)
12.02.055. Public participation program, basic elements
A. Pursuant to RCW 36.70A.140, the city shall provide for early and continuous public
participation in the development and amendment of the comprehensive plan and
development regulations.
B. Public participation shall at a minimum include the following elements:
1. Annual dissemination of a schedule for public participation.
2. Issuance of a citizen's guide to the comprehensive plan process that
provides information on citizen participation in the comprehensive plan process, a
description of the procedure and schedule for amending the comprehensive plan and
development regulations, and a guide on how to use the docket.
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3. Provision for broad dissemination of proposed amendments and
alternatives, if appropriate. The city shall make available to the public printed and
electronic information which clearly defines and visually_portrays, when possible, the
range of options under consideration by the city. This information shall also include a
description of any policy considerations; the schedule for deliberation; opportunities for
public participation; information on the proposed amendment review procedures for
written comments and the name, address, and telephone number of the responsible
official(s). The methods employed may include, but are not limited to, the use of the
following: published notice in the official city newspaper and other appropriate
publications, news media notification, mailed notice to property owners and to citizens
or groups with a known interest in the proposal,public education and government
channel, and internet,
4. Public meetings to obtain comments from the public or other agencies on
a proposed plan, amendment to the comprehensive plan or development regulation.
Public meeting means an informal meeting, hearing, workshop or other public gathering
of people for the purpose of obtaining public comments and providing opportunities for
open discussion. All public meetings associated with review of the comprehensive plan
or development regulations shall provide a means for the public to submit items for the
docket. A public record of each public meeting should be maintained to include
documentation of attendance, record of any mailed notice and a record of public
comments not incorporated in the docket.
12.02.060_Process and Notice requirements.
publie hearing shall be giveR mig at least ene (1) pubiweation on the leeal newspaper at,
EE)FnpFehensmve plaR land Lise map, netwee ef the publie hearing shall be given beth b
geegFaphmE seepe ef land use map amendments, netwee ef publie heaFffing shall be given
Proposed
amendments shall be classified and public notice shall be given in accordance with KCC
Chapter 12.01.
(Ord. No. 3237, § 1, 7-6-95; Ord. No. 3650, § 1, 7-15-03; Ord. No. 3722, § 1, 11-2-04)
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(Ord. No. 3237, § 1, 7-6-95; Ord. No. 3650, § 1, 7-15-03; Ord. No. 3722, § 1, 11-2-04)
Standing.
r
(Ord. No. 3237, § 1, 7-6-95; Ord. No. 3650, § 1, 7-15-03; Ord. No. 3722, § 1, 11-2-04)
12.02.090_Fees.
Appiweatien fees feF deeketed eernpFehensive plan land use map amendments shall b-e
the same as the fee establoshed F^- - . There shall be no fee for docketed
proposals to amend the comprehensive plan text=or development regulations.
(Ord. No. 3237, § 1, 7-6-95; Ord. No. 3650, § 1, 7-15-03; Ord. No. 3722, § 1, 11-2-04)
-12.02.100 Appeals.
(Ord. No. 3237, § 1, 7-6-95; Ord. No. 3650, § 1, 7-15-03; Ord. No. 3722, § 1, 11-2-04)
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