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HomeMy WebLinkAboutCity Council Committees - Planning and Economic Development Committee - 05/24/1993 KENT PLANNING COMMISSION MINUTES May 24, 1993 The meeting of the Kent Planning Commission was called to order by Acting Chair Heineman at 7: 00 pm on May 24, 1993 in the Kent City Hall, Chambers West. PLANNING COMMISSION MEMBERS PRESENT: Edward Heineman, Jr. , Acting Chair Gwen Dahle Kenneth Dozier Raymond Ward PLANNING COMMISSION MEMBER ABSENT: Christopher Grant Albert Haylor Kent Morrill PLANNING STAFF MEMBERS PRESENT: Fred Satterstrom, Planning Manager Chris Holden, Recording Secretary APPROVAL OF MARCH 8 . 1993 MINUTES MOTION MADE and SECONDED to accept the March 8, 1993 minutes as presented. MOTION CARRIED. ADDED COMMUNICATIONS: Commissioner Dahle commented that the "Good Sam" club had requested that they be able to use the rights of way on Willis Street for overnight parking. Commissioner Dahle remarked she would be asking the Public Works Department for an explanation. Mr. Satterstrom informed the Commissioners that on Thursday, May 27, there is an all-day continuing education session for Planning Commissioners. It will be held in Seattle at the Sheraton Hotel from 8: 30 to 4 : 30 pm. This program is being offered by the APA and Planning Commission members are encouraged to attend. Growth Management Update Mr. Satterstrom gave a brief report on the status of the Growth Management program. The State has extended the timeline for doing the City's Comprehensive Plan to July 1, 1994 . However, the timeline to bring the development regulations into conformance with the Comprehensive Plan have not been extended. 1 Planning Commission Minutes May 24, 1993 #ZCA-93-2 , Zoning Code Amendment relating to Nonconforming Structures, Chapter 15.08. The public hearing was opened. Assistant City Attorney Tom Brubaker presented a brief summary of the proposed ordinance. The ordinance will allow the Planning Director, under certain specific conditions, to allow the re-construction of a nonconforming structure in the event it is more than 50 percent destroyed by fire, earthquake or other similar act of God. Mr. Brubaker explained that developers have had problems with the ordinance as currently written. Further, the Planning Director will have the authority to consider the surrounding development as well as require some modification of the re-construction to more closely conform to the surrounding uses. In addition, the construction must take place within one year of the Planning Director's approval. This is consistent with other sections of the Code which require re-construction of a destroyed building to be done within one year of the event. Fred Satterstrom explained further the Zoning Code current requirement that if a nonconforming use was more than 50 percent destroyed it must be rebuilt to a conforming use. This requirement applies even if the use was grandfathered. Therefore, developers are having trouble getting financing. Finance institutions don't want to loan money to uses that could become nonconforming because of possible zoning changes. It was MOVED, SECONDED and APPROVED to close the public hearing. It was MOVED, SECONDED and APPROVED to approve the Zoning Code amendment. #ZCA-93-3 , ZONING CODE AMENDMENT RELATING TO THE PROCEDURE FOR ZONING MAP AND TEXT AMENDMENTS TO THE ZONING CODE, CHAPTER 15.09. The public hearing was opened. Mr. Satterstrom explained the request for the Zoning Code amendment. This amendment would have all area-wide Zoning Map designations to be heard by the Planning Commission while the site specific rezone proposals will be heard by the Hearing Examiner. Because most area-wide zoning designations usually involve policy, thus, it is preferable to have a policy body like the Planning Commission to hold the hearings and make the recommendations. It was MOVED, SECONDED and APPROVED to close the public hearing. It was MOVED, SECONDED and APPROVED to approve the Zoning Code amendment. 2 KENT PLANNING COMMISSION MINUTES May 24, 1993 The meeting of the Kent Planning Commission was called to order by Acting Chair Heineman at 7: 00 pm on May 24, 1993 in the Kent City Hall, Chambers West. PLANNING COMMISSION MEMBERS PRESENT: Edward Heineman, Jr. , Acting Chair Gwen Dahle Kenneth Dozier Raymond Ward PLANNING COMMISSION MEMBER ABSENT: Christopher Grant Albert Haylor Kent Morrill PLANNING STAFF MEMBERS PRESENT: Fred Satterstrom, Planning Manager Chris Holden, Recording Secretary APPROVAL OF MARCH 8. 1993 MINUTES MOTION MADE and SECONDED to accept the March 8, 1993 minutes as presented. MOTION CARRIED. ADDED COMMUNICATIONS: Commissioner Dahle commented that the "Good Sam" club had requested that they be able to use the rights of way on Willis Street for overnight parking. Commissioner Dahle remarked she would be asking the Public Works Department for an explanation. Mr. Satterstrom informed the Commissioners that on Thursday, May 27, there is an all-day continuing education session for Planning Commissioners. It will be held in Seattle at the Sheraton Hotel from 8: 30 to 4: 30 pm. This program is being offered by the APA and Planning Commission members are encouraged to attend. Growth Management Update Mr. Satterstrom gave a brief report on the status of the Growth Management program. The State has extended the timeline for doing the City's Comprehensive Plan to July 1, 1994. However, the timeline to bring the development regulations into conformance with the Comprehensive Plan have not been extended. 1 Planning Commission Minutes May 24, 1993 #ZCA-93-2 . Zoning Code Amendment relating to Nonconforming Structures. Chapter 15.08. The public hearing was opened. Assistant City Attorney Tom Brubaker presented a brief summary of the proposed ordinance. The ordinance will allow the Planning Director, under certain specific conditions, to allow the re-construction of a nonconforming structure in the event it is more than 50 percent destroyed by fire, earthquake or other similar act of God. Mr. Brubaker explained that developers have had problems with the ordinance as currently written. Further, the Planning Director will have the authority to consider the surrounding development as well as require some modification of the re-construction to more closely conform to the surrounding uses. In addition, the construction must take place within one year of the Planning Director's approval. This is consistent with other sections of the Code which require re-construction of a destroyed building to be done within one year of the event. Fred Satterstrom explained further the Zoning Code current requirement that if a nonconforming use was more than 50 percent destroyed it must be rebuilt to a conforming use. This requirement applies even if the use was grandfathered. Therefore, developers are having trouble getting financing. Finance institutions don't want to loan money to uses that could become nonconforming because of possible zoning changes. It was MOVED, SECONDED and APPROVED to close the public hearing. It was MOVED, SECONDED and APPROVED to approve the Zoning Code amendment. #ZCA-93-3 . ZONING CODE AMENDMENT RELATING TO THE PROCEDURE FOR ZONING MAP AND TEXT AMENDMENTS TO THE ZONING CODE CHAPTER 15. 09. The public hearing was opened. Mr. Satterstrom explained the request for the Zoning Code amendment. This amendment would have all area-wide Zoning Map designations to be heard by the Planning Commission while the site specific rezone proposals will be heard by the Hearing Examiner. Because most area-wide zoning designations usually involve policy, thus, it is preferable to have a policy body like the Planning Commission to hold the hearings and make the recommendations. It was MOVED, SECONDED and APPROVED to close the public hearing. It was MOVED, SECONDED and APPROVED to approve the Zoning Code amendment. 2 Planning Commission Minutes May 24, 1993 ZCA-93-4. ZONING CODE AMENDMENT. ZONING CODE ENFORCEMENT ORDINANCE. CHAPTER 15. 10. The public hearing was opened. Assistant City Attorney Tom Brubaker reviewed the necessity of amending the Zoning Code, Chapter 15. 10. He explained that Chapter 15. 10 would be amended and a new chapter, Chapter 1. 04 would be created. This new chapter would allow the City to enforce Code violations through civil process rather than criminal. For example, if a person would be in violation of the City Code, the Director of the appropriate department would notify the person of the violation. The violator would have the opportunity to agree, by signing a violation agreement, to rectify the violation. If the violator did not sign the violation agreement or correct the violation, there would be a hearing before the Hearing Examiner where fines could be assessed against the property and violator. The City could then correct the violation and file a lien against the property. Furthermore, if the violator persisted in creating the violation, there could be criminal charges filed against him and then the matter would move on to court. However, with the civil proceedings, which would move faster than criminal proceedings, the violations would be dealt within a more timely manner. There was discussion about the need for criminal charges. Another matter discussed was the whether this was a revenue generating ordinance or whether there were actually problems with violations. It was observed that there could be unfairness to absentee landlords in correcting a violation caused by others. It was pointed out that the burden of correcting violations properly belong to landowners. It was MOVED, SECOND and APPROVED to close the public hearing. It was MOVED and SECONDED to delete from the ordinance any language regarding criminal charges. A general discussion followed. Mr. Brubaker commented the proper procedure for administering the violation ordinance would be to go through the civil procedures first. However, if the violator still refused to correct the violation, then, the harsher criminal procedures would be needed. The criminal procedures provide an ultimatum in correcting the violation. MOTION FAILED for lack of a majority. It was MOVED, SECONDED and APPROVED to approve the Ordinance as written. 3 Planning Commission Minutes May 24, 1993 Election of Officers This item was postponed until more members can attend. Mr. Heineman will be acting Chairperson until elections are held. It was MOVED, SECONDED and APPROVED to adjourn the hearing at 8:50 PM. Respectfully submitted, Ja s . Harris, Secretary apc pcmm5.24 4