HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 07/27/2009 LAND USE & PLANNING BOARD MINUTES
July 27, 2009
Board Members Present
Chair Dana Ralph, Vice Chair Jack Ottini, Steve Dowell, Alan Gray,
Jon Johnson, Aleanna Kondelis, Barbara Phillips
Staff Members Present
Charlene Anderson, Erin George, Kim Adams Pratt, Pamela Mottram
3. Approval of Minutes
Dowell MOVED and Gray SECONDED a motion to APPROVE the April 27, 2009 Minutes.
Motion PASSED 7-0.
4. Added Items
None
S. Communications
None
6. Notice of Upcoming Meetings
None
7. CPA-2007-1 Shoreline Master Program Update
Planner Erin George stated that the Shoreline Management Act (SMA) is State legislation in
effect since 1971. She stated that it is administered by both the State Department of
Ecology (DOE) and local government.
George stated that the SMA jurisdiction regulates lakes over 20 acres, streams and rivers
with flow over 20 cubic feet per second (cfs), lands within 200 feet of the ordinary high
water mark, wetlands in the floodplains of those shoreline water bodies, and the floodways
of those shoreline water bodies.
The SMA requires cities to balance "no net loss" of shoreline ecological functions while
allowing for water-oriented uses along shorelines with appropriate development, as well as
allowing for public access to the shorelines.
George stated that 2003 legislation requires King County jurisdictions to update their SMPs
and adopt those updates by December 1, 2009. She stated that DOE must review and
approve all SMPs prior to adoption based on Washington Administrative Code (WAC) and
Revised Code of Washington (RCW) requirements.
George stated that the SMP is comprised of goals and policies that are incorporated into the
City's Comprehensive Plan.
George stated that staff utilized the "Inventory and Analysis Report", and the "Cumulative
Impacts Analysis" in the course of updating the SMP. She described the purpose of these
documents. George stated that the "Restoration Plan" is integrated in the SMP as Chapter 8
and includes goals, policies and actions for restoration of shoreline impacts.
George stated that under the current SMP, Kent regulates the Green River, Lake Meridian
and Big Soos Creek shorelines and proposes adding Lake Fenwick, Jenkins Creek, Panther
Lake, Springbrook Creek and the Green River Natural Resource area shorelines.
George stated that the SMP classifies the following environmental designations based on
zoning and comprehensive plan designations:
'Shoreline Residential' is a higher density residential designation,
'High Intensity' includes commercial and industrial areas,
'Urban Conservancy' (a low intensity designation) includes the Urban Separator,
lower intensity SR-1 areas, and Agriculture areas,
'Urban Conservancy Open Space' defines park lands,
'Natural Wetlands' is applied to wetlands located within shoreline jurisdictions,
'Aquatic' designation regulates areas waterward of the ordinary high water mark.
George described the proposed changes to the SMP which include; decreasing commercial
setbacks and increasing residential setbacks along the Green River with an allowance for
levee reconstruction, proposing new residential dock standards, provisions for the
construction of additional swim platforms on Lake Meridian, increasing minimum building
setbacks and imposing an impervious surface maximum on lakes, and allowing water-
oriented commercial development in City parks.
George stated that staff formed a Citizen's Advisory Committee who met monthly from
March 2008 through January 2009 to review the SMP and provide feedback which staff
incorporated into the SMP. Staff held public meetings on October 2, 2008 and February 9,
2009, as well as posted various versions of the SMP and other documents on the City's
Website for public review. Emails were sent to agencies and interest groups for comment.
George stated that staff addressed comments from the State DOE tied to Washington
Administrative Code (WAC) compliance, on the first draft of the SMP. The DOE indicated
there was an issue with distinguishing between the Green River and Mill Creek flood waters
located in the floodway on the south end of the city in the agricultural area. George stated
that staff sent a 60-day notice to Community Trade and Economic Development (CTED),
submitted a second draft to the DOE on June 11th, with no further comments received from
them.
George submitted "5" comment letters (with the Cities' responses) for the record from: 1)
Futurewise, 2) Muckleshoot Indian Tribe, 3) Soos Creek Water & Sewer District, 4) Mr.
Jerry Whitten, Lake Meridian Resident, voicing opposition to proposals related to dock
construction and maintenance, and 5) Stewart Reinbold, Assist Regional Habitat Program
Manager with the Washington Dept of Fish and Wildlife, pertaining to swim platforms.
George stated that if the Board recommends adoption, the intent would be to go to the
PEDC on August 10`h and on to Council on August 181hfor adoption. Upon adoption staff will
submit a final adopted SMP to the State DOE, who will typically hold their own hearing with
a 30 day comment period. George stated that the City would address any comments
associated with that hearing, the state would conduct their final review, and upon DOE
approval staff would anticipate that the SMP would be affective fall of 2009.
George addressed concerns raised by the Board members associated with swim platforms,
dock regulations, setbacks, impervious surface requirements, and public access
requirements.
Ottini Moved and Dowell seconded a Motion to Open the Public Hearing. Motion Carried 7-0.
Chair Ralph declared the Public Hearing open.
Stephen Crowell, 26709 148th Avenue SE, Kent, WA stated that he resides on Lake Meridian
and supports adding more floating swim platforms on the lake. He informed the Board that
the new platforms need to be built the same dimensions as the existing platforms so that
they will retain their functionality to interlock.
Paul Morford, PO Box 6345, Kent, WA spoke in opposition to additional regulations that
would restrict a resident's choice with respect to how docks are constructed, with the
requirement to provide access for the public through private property, with the new
impervious surface and setback requirements.
Mike Carpinito, 1148 N. Central Avenue, Kent, WA stated that he owns property on Lake
Meridian and West Valley Highway. He voiced opposition to the new impervious surface
regulations, to increasing setbacks, to allowing public access through private property;
citing issues with safety, the potential for private property damage, and questioning who
would maintain the public access area. Carpinito stated that the city should not put in place
additional restrictions that would further hinder property development. George addressed
Carpinito's concerns with respect to setbacks and access issues. John Owen with Makers
also addressed issues concerning public access.
Barbara Nightingale with the DOE addressed public access issues, stating that the WAC
requires public access, but has the same exceptions in terms of security and privacy, that
somewhat mirror the city's proposal. She stated that the City administrator can make the
decision whether or not a particular site can allow for public access.
Staff recessed to consider an alternative proposal to address the public access issue. After
reconvening, George stated that City staff, the DOE, and the City Attorney concluded that
language in Section 3.8.7-Public Access and specifically Section C-Regulations-2 adequately
addresses public access for all shoreline water bodies in the City. Therefore, staff would like
to maintain the same recommendation.
Seeing no further speakers, Johnson MOVED and Gray SECONDED a Motion to Close the
Public Hearing. Motion Carried 7-0. Ralph declared the Public Hearing closed.
Dowell, Ottini, Phillips and Ralph voiced opposition to the public access requirement citing
the erosion of constitutional rights, taking without compensation, safety, and privacy issues.
In response to Phillips, Pratt stated that were an applicant to submit an application to
subdivide, and the City determines that public access must be provided and the applicant
were to appeal the City's decision, that appeal would go to the Shoreline Hearings Board,
moving outside of the City within a court arena which would become a more formal process.
There is no process in place for an appeal to City Council.
Johnson MOVED and Gray SECONDED a Motion to adopt the Shoreline Master Plan,
CPA-2007-1 and to incorporate the Shoreline Goals and Policies into the Kent
Comprehensive Plan as recommended by staff. Roll Call was taken. Motion Failed 4 to 3
with Dowell, Ottini, Phillips, and Ralph Voting in Opposition.
After deliberations, Kondelis offered a Motion to amend language in Ch. 3.7 - Public Access
(where applicable) to state that the public access requirements would not apply to those
lakes with public parks (Lake Meridian and Lake Fenwick), and that the developer would
have the option to pay a 'fee in lieu of to improve another public access point. Motion died
for lack of a Second. Johnson stated that this issue should be moved on to Committee as
voted on by the Board.
ADJOURNMENT
Johnson Moved and Dowell Seconded a Motion to adjourn. Motion CARRIED. Ralph
adjourned the meeting at 9:00 p.m.
Charlene Anderson, AICP, Planning Manager
Secretary of the Board
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