Kirkland Planning Commission Public Hearings Summary - June 24, 2024

The Kirkland Planning Commission met from 7:00 PM to 10:53 PM to conduct two public hearings: (1) the Goat Hill Development Moratorium (File No. CAM24-00115) and (2) the continued 2044 Comprehensive Plan public hearing on the Introduction Chapter and the Land Use Element (File No. CAM22-00032). The Commission voted 7-0 to recommend the Goat Hill zoning code amendments as recommended by staff, voted 6-1 to recommend the Introduction Chapter with a revised draft vision statement, and continued the Land Use Element public hearing to July 25, 2024. Note: The agenda, minutes, and transcript all date this meeting as June 13, 2024; the June 24, 2024 date shown here follows the meeting date supplied for this summary. All seven commissioners were present: Rodney Rutherford (Chair), Bria Heiser (Vice Chair), Katya Allen, Aaron Jacobson, Gina Madeya, Scott Reusser, and Angela Rozmyn.

Comments from the Audience

• Forrest Whitehouse (Kirkland): Expressed full support for the City's efforts to bring new housing to Kirkland, particularly along frequent transit corridors, citing exorbitant housing prices and a recent city poll in which the highest response favored more housing near transit.
• Curtis Reusser (Kirkland): Expressed concern with the proposed housing density west of Market, stating traffic during rush hour is already very intense; he opposed a blanket amendment allowing high-density housing on transit routes without individual review of costs and benefits, and opposed new housing density without required parking, citing post-COVID changes in mass transit usage.
• Kurt Dresner (Kirkland): Commented on the region's history of exclusion and zoning's historical use as a tool of racial and economic segregation; he urged the Commission to plan for a more equitable, sustainable, affordable, walkable, busable, bikeable, and livable Kirkland.
• Luke Travis (Kirkland): Commented that housing prices in Kirkland have shot up by about 100 percent in the last 10 years and assured that traffic from increased density is a solvable problem.
• Kyle Sullivan (Kirkland): Expressed support for the Commission's approach to the Comprehensive Plan, particularly the Introduction Chapter and Land Use Element, and stressed the need to address the housing crisis and climate change.

Public Hearing: Goat Hill Development Moratorium

• Staff presentation: Planning and Building Director Adam Weinstein and Planning Supervisor Denise Russell reviewed the moratorium scope of work (adopted by City Council on April 2, 2024), recent public comments, Planning Commission comments, a map of redevelopable and vacant parcels on Goat Hill, and a map illustrating total finished area per parcel. Weinstein noted this proposal is unusual for Kirkland because it uses regulations to restrict housing development, reflecting Goat Hill's unique and challenging transportation access; the moratorium work is intended to be completed within six months, with the option to extend.
• Proposed overlay zone changes: reduce maximum lot coverage and floor area ratio (FAR) from 50% to 40%; eliminate middle housing (cottages, carriage units, and two- and three-unit homes) in the overlay area; eliminate detached ADUs while allowing one attached ADU per single-family dwelling with a required off-street parking space (a requirement not applied elsewhere in the city). The overlay includes only RSA-zoned properties; multifamily-zoned properties on the lower hill abutting Juanita Drive are not included.
• Additional proposed changes: new bonding and revegetation requirements, including a minimum $50,000 performance bond for erosion control and native ground cover seeding for sites that remain untouched for 30 days; and a road improvement district and emergency access study to be reported to City Council. Staff recommended removing proposed changes to zoning code Chapter 110.253, finding that SEPA analysis sufficiently addresses paved road connection requirements for projects of five or more units. Construction metering (limiting concurrent projects) was not recommended due to legal considerations. City Council adoption is tentatively scheduled for July 16.
• Staff noted approximately 45 undeveloped parcels on Goat Hill, about half of the lots are 6,760 square feet or less (the current minimum lot size), and with the new 40% FAR, a 5,500-square-foot lot could theoretically accommodate a 2,200-square-foot home.

Public testimony on Goat Hill:

• Steve Clarke, representing his in-laws Bill and Monica Moore, who own five parcels on Goat Hill, relayed concerns with limiting development on Goat Hill, stated there have been only two landslides on Goat Hill (on 93rd Avenue) per the Washington geological portal, and recommended access from the north.
• Andrea Thompson commented on dangerous conditions during the stormwater project, including road closures requiring three-point turns and no pull-outs; she said developers are not held accountable for road damage, requested a developer-funded road repair fund, and pleaded for a moratorium on any construction other than the stormwater project while it is underway. She disagreed with the prior speaker, saying of the property owners, "they made a bad investment choice, and it's too late."
• Josh Friedman, Hillis Clark Martin Peterson, representing Montebanc Management, encouraged the Commission to adopt staff's recommended changes; he said floor area ratios and coverage limits of 40% are better than 20%, but hoped the current 50% FAR and coverage limits would remain unchanged, stating opponents have not asserted a transportation, safety, or geotechnical basis to reduce FAR and that reducing it further would compound efforts to stymie infill housing.
• John Ghilarducci expressed support for the City acquiring open spaces adjacent to Juanita Heights Park and for several staff-recommended changes, and commented on frequent truck blockages at hairpin turns that can cut off access to 70 or more upper-hill properties; he urged that substantial upper-hill development be accompanied by additional emergency access.
• Kurt Dresner (per the minutes) commented on the way the City is addressing issues on Goat Hill and the proposal to prohibit middle housing on Goat Hill.
• Dave Rumpf encouraged adoption of a 40% FAR and described spaces exempt from the FAR calculation, noting that because nearly every home on Goat Hill has a basement, and basements are exempt, homes will not necessarily be small; he cited a house with a 1,750-square-foot FAR maximum advertised at 3,510 square feet.
• Luke Travis recognized the challenges on Goat Hill but pointed out the feasibility of multifamily housing in the lower areas abutting Juanita Drive, where the roadway is much wider.
• Roger Kutz, a retired volunteer first responder and 40-year resident, commented on emergency access and response times, saying the target response time from the Kirkland Fire Department is four minutes without traffic, that it takes two to three minutes to drive from top to bottom, and that trips commonly experience 10 to 20 minutes; he urged that no additional building be justified until emergency access is resolved and suggested a connection through Finn Hill Meadows or a Montebanc/Juanita Heights Park option.
• Elizabeth Tockman commented on access and described her full support for the recommended changes to FAR and ADUs; she said the Montebanc property is extremely steep and in a landslide zone and that a proposed road could be a multimillion-dollar project with enormous environmental cost.

Commission deliberation on Goat Hill:

• Commissioner Jacobson noted there have been zero applications for duplexes, triplexes, or ADUs on Goat Hill in the last 10 years, and one attached ADU is currently permitted there.
• Commissioners discussed the small number of affected lots, the appropriateness of the 40% FAR reduction, lot coverage and stormwater infiltration, the burden on existing residents, and emergency access concerns.
• Motion by Aaron Jacobson, seconded by Gina Madeya: recommend the Kirkland Zoning Code amendments as recommended by staff. Carried 7-0.

Public Hearing: 2044 Comprehensive Plan - Introduction Chapter

• Deputy Director Allison Zike explained this was a continuation of public hearings opened May 9 (Introduction Chapter) and May 23 (Land Use Element); the written record remained open until the beginning of this meeting, and no additional spoken testimony was taken. She also noted the draft Supplemental Environmental Impact Statement (SEIS) was published with a comment period open until July 12.
• Commissioner Rozmyn reported that she and Commissioner Reusser revised the draft vision statement to be concise and succinct, removing flowery language while retaining the high-level content previously discussed.
• During discussion, Commissioner Allen proposed an amendment to add a period after "inclusion" in the second sentence and move the phrase "while combating racism and discrimination" further down in the vision statement at staff's discretion. The amendment was seconded by Vice Chair Heiser and failed 2-5 (Yes: Heiser, Allen; No: Rutherford, Jacobson, Madeya, Reusser, Rozmyn).
• Motion by Aaron Jacobson, seconded by Angela Rozmyn: recommend the Introduction Chapter as recommended by staff with the draft vision statement as revised by Commissioners Reusser and Rozmyn. Carried 6-1 (No: Heiser).

Public Hearing: 2044 Comprehensive Plan - Land Use Element

• Allison Zike reviewed the Land Use Element as a framework for future zoning code and zoning map amendment projects, clarifying that specific rezonings, heights, densities, and transportation projects are not decided in this element. The proposed Land Use Map includes overlays along seven frequent transit corridors (Figure LU-4), and Policy LU-2.4 would direct a future zoning code amendment project to create additional capacity along those corridors.
• Amendment by Aaron Jacobson, seconded by Angela Rozmyn: insert text at the end of the narrative text of Policy LU-2.4 listing topics to address, including continued and improved transit service, vehicular traffic and street safety for all modes, a gradual transition of intensity with highest intensity nearest corridor centers, schools, publicly accessible parks and open space (publicly or privately owned), and sufficient commercial, grocery, and retail services to enable a complete community. Carried 7-0.
• Amendment by Scott Reusser, seconded by Angela Rozmyn: accept Alternative #1 Frequent Transit Corridor Overlay and modify it so the corridor continues to Kirkland's north boundary, replacing LU-4. Failed 2-5 (Yes: Heiser, Reusser; No: Rutherford, Allen, Jacobson, Madeya, Rozmyn).
• Amendment by Angela Rozmyn, seconded by Gina Madeya: accept the original staff proposal with 7 transit corridors and Corridor 4 extending north to the city boundary at 145th, replacing LU-4. Carried 5-2 (No: Heiser, Reusser).
• Commissioner Jacobson raised additional possible amendments (e.g., LU 1.4 and LU 5.1 on lower-cost building methods and sustainable development, and LU 10.1 on historic preservation that does not perpetuate exclusionary practices), but the Commission agreed to defer them given the late hour. Staff suggested compiling commissioner-proposed language before the next meeting for public and Commission consideration.
• The main motion to recommend approval of the Land Use Element as recommended by staff in Attachment 1 to the June 13 meeting packet, as amended, failed 0-7, consistent with the Commission's consensus to direct staff to update the draft Land Use Element to incorporate the approved amendments for consideration at a continued public hearing.
• Motion by Aaron Jacobson, seconded by Gina Madeya: continue the public hearing on the Land Use Element to July 25, 2024, leave the record open for written comment, and start the meeting at 6 PM. Carried 7-0.

Administrative Reports and Commission Discussion

• Staff reviewed the upcoming meeting calendar: June 27 (transportation, capital facilities, utilities, and public services elements; draft SEIS comments), July 11 (neighborhood plans), and July 25 (continued Land Use Element).
• Commissioners were agreeable to changing the standard Planning Commission meeting start time to 6 PM; an amendment to the Commission's policies and procedures will be scheduled on a future agenda.
• Commissioners Rozmyn, Jacobson, and Chair Rutherford volunteered to serve on a subcommittee with City Councilmembers regarding state legislative issues.

Key Outcomes

• Goat Hill Development Moratorium: The Planning Commission recommended the Kirkland Zoning Code amendments as recommended by staff, including removal of the proposed Chapter 110.253 changes (7-0). City Council adoption is tentatively scheduled for July 16.
• 2044 Comprehensive Plan - Introduction Chapter: Recommended as recommended by staff with the revised draft vision statement (6-1). An amendment to relocate "while combating racism and discrimination" further down in the vision statement failed 2-5.
• 2044 Comprehensive Plan - Land Use Element: Approved amendments to Policy LU-2.4 narrative text (7-0) and to Figure LU-4 (staff proposal with 7 corridors, Corridor 4 extended north to the city boundary at 145th) (5-2); the main recommendation motion failed 0-7 to allow continuation; the public hearing was continued to July 25, 2024 at 6 PM with the written record left open (7-0).
• Staff was directed to update the draft Land Use Element to incorporate the amendments approved by the Commission.
• The Planning Commission signaled agreement to move its standard meeting start time to 6 PM, with a future policies and procedures amendment to be scheduled.
• A three-member Planning Commission subcommittee (Rutherford, Rozmyn, Jacobson) was designated to work with City Councilmembers on state legislative issues.