Kirkland Planning Commission Meeting: February 23, 2023

The Kirkland Planning Commission met on February 23, 2023, from 7:01 PM to 10:01 PM. The meeting included a study session on wireless code amendments, a public hearing on the NE 85th Street Station Area Plan Phase 2, and administrative reports. Due to new information received days before, the commission voted to postpone all discussion on affordable housing requirements (KZC Chapter 112) to a future study session and public hearing. The commission then deliberated and voted on several other aspects of the Station Area Plan.

Public Comments & Testimony (First Segment)

• Jean Larch (Kirkland): Urged the commission to address affordable housing as soon as possible and to honor those present to speak on it.
• David Allen (Kirkland): Requested elimination of all citywide parking mandates, arguing they undermine affordability, traffic, and sustainability goals.
• Karina O’Malley (Kirkland, employee at Lake Washington United Methodist Church Safe Parking Program): Provided specifics on how the current 10% affordable housing regulation works, noting that ARCH units at a new 135-unit building on 85th are oversubscribed and require incomes most unsheltered residents cannot meet.
• Cliff Cawthon (Co-Chair, Eastside Housing Coalition): Expressed interest in partnering on affordable housing in the station area, citing Kirkland’s need for over 13,200 affordable units by 2044 and the opportunity to exceed the 10% requirement.
• Jennie Jaeger (Kirkland): Supported abundant housing choices near transit, citing rising rents and the need for mixed-use development to reduce commuting.
• Beverly Marcus (Kirkland): Supported meeting the need for all types of housing, including affordable housing, and noted the loss of Google’s $12.4 million contribution toward affordable housing.
• Kim Faust (Main Street Property Group, developer within station area): Appreciated the decision to study affordable housing but warned that ARCH’s current proposal would make development economically infeasible and urged collaboration.

Study Session: Wireless Code Amendment Briefing (File No. CAM23-00041)

• Deputy Director Allison Zike introduced the item; Senior Planner Lindsay Levine presented background on amendments to KZC Chapter 117 and KMC Title 26 to comply with new FCC regulations. The amendments address design standards for macro towers and small wireless facilities, streamline review processes, and clarify application requirements. No action was requested; the item will proceed to a public hearing in a future meeting.

NE 85th Street Station Area Plan Phase 2 Public Hearing (File No. CAM20-00153)

• The public hearing opened at 7:46 PM. Staff and consultants (Mithun) presented the Phase 2 form-based code, regulating districts (Urban Flex, Civic Mixed Use, Neighborhood Mixed Use), transition standards, parking minimums, and incentive zoning for commercial uses (including a proposed grocery store amenity). Public testimony was heard; key points included:
  • Sarah Imbach (Kirkland): Requested extending the Urban Flex zone to include her parcel at 720 8th Avenue to avoid a development disadvantage.
  • Liz Hunt (Kirkland): Commented on height impacts from Phase 1, vagueness in staff discretion, lack of bike/transit friendliness on NE 85th, and lack of discussion about the Moss Bay area.
  • Cory Brewer (Kirkland): Suggested the city reconsider the station area plan given Google’s withdrawal and changing transit patterns.
• The commission then deliberated on four key areas:
  1. Regulating Plan Amendments: Voted to include additional properties in the Urban Flex District (conditionally) and approved the proposed changes to the Petco site height (85 ft) and inclusion of parcels south of NMU (65 ft max height).
  2. Transition Standards: Approved retaining a 25-degree angle for height differences less than 50 ft, and adopted the staff-recommended 30-degree angle for differences greater than 50 ft.
  3. Parking Standards: After extensive discussion, the commission passed a motion to accept staff’s recommended parking minimums except for: (a) zero parking minimums for permanently affordable housing units, and (b) reducing the market-rate residential suite parking requirement to 0.5 per unit. A separate motion to set studio parking at 0.5 failed 3-3.
  4. Incentive Zoning: Approved adding a grocery store incentive option (minimum 20,000 sq ft, within 0.5 mile of no other grocery store) to the commercial incentive program.
• The commission then voted (6-0) to approve the full Phase 2 KZC amendment package as amended, excluding the deferred affordable housing requirements.

Parcel Rezones and KMC Amendment

• Parcel Rezones: The commission voted (6-0) to include three parcels in the existing LIT zone into the Urban Flex District if administratively feasible, and separately approved the staff-recommended parcel rezones (6-0).
• Kirkland Municipal Code Amendment: Approved expanding the Multifamily Tax Exemption (MFTE) target area to include the Urban Flex District (6-0). An amendment to include the three additional parcels was withdrawn pending future discussion.

Administrative Reports and Other Business

• City Council Actions: Director Weinstein reported that Council approved an ordinance allowing personal delivery devices in rights-of-way and discussed the 2023–2025 work program, which includes items relevant to the Planning Commission (e.g., comprehensive plan update, missing middle housing).
• Public Meeting Calendar Update: Upcoming meetings include a draft work program briefing (March 9), a miscellaneous code amendments package, and further affordable housing discussions.

Final Public Comments (9:57 PM)

• Jean Large (Kirkland): Expressed concerns about the lack of a clear vision for the station area, confusion about terminology, and questioned whether a station will still be needed given changing circumstances.

Key Outcomes

• Tabled all discussion on affordable housing (KZC 112) to a future study session and public hearing (motion carried 6-0).
• Approved Wireless Code Amendment briefing to advance to a public hearing (consensus).
• Approved Phase 2 regulating plan amendments, transition standards, parking standards (as amended), and incentive zoning for grocery stores (all votes carried 6-0, except the parking motion which carried 4-2).
• Approved parcel rezones and MFTE target area expansion (both 6-0).
• The complete Phase 2 KZC package (excluding affordable housing) was approved 6-0 for recommendation to City Council.
• Directed staff to report back on possible inclusion of three additional parcels in the Urban Flex District and related MFTE expansion.