HomeMy WebLinkAboutCity Council Committees - Planning and Economic Development Committee - 04/14/2008 (3)PLANNING & ECONOMIC DEVELOPMENT COMMITTEE
MINUTES
APRIL 14, 2008
Committee Members Chair Elizabeth Albertson, Ron Harmon sat in for Bob
O’Brien in his absence, and Tim Clark. Chair Albertson called the meeting to order
at 5:00 p.m.
Approval of Minutes
Clark MOVED and Harmon SECONDED a MOTION to approve the minutes of March
10, 2008. Motion PASSED 3-0.
Recognition of Canterbury and Highland Crossing Neighborhood Councils
Neighborhood Program Coordinator Toni Azzola gave a general overview of the
neighborhood programs.
Azzola introduced the Highland Crossing Neighborhood. She stated that this
neighborhood consists of approximately 77 homes and is roughly bounded to the
north by SE 242nd, to the east by 120th Avenue SE, to the south by SE 245th Place,
and to the west by 117th Avenue SE.
Merwin Peters, 11931 SE 245th Place, Kent, WA spoke on behalf of his Highland
Crossing Neighborhood, stating that his community has raised funds for the
purpose of cleaning up and landscaping their community in an effort to maintain
home values, attract potential buyers and generate more involvement from the
neighbors.
Azzola stated that it is likely that both neighborhood councils will go forward to City
Council at their May 6, 2008 meeting.
Azzola introduced the Canterbury Neighborhood. She stated that this neighborhood
consists of approximately 54 homes and is roughly bounded to the north by SE
244th Street, to the east by 101st Place SE, to the south by SE 248th Street, and to
the west by 98th Avenue South.
Rob Dempsey, 10021 SE 245th Pl, Kent, WA spoke on behalf of his Canterbury
Neighborhood. He stated that his community has a neighborhood association, but
believes that this new neighborhood council program will provide an opportunity for
his neighborhood to get more involved within their community without having them
bound by homeowner’s association covenants.
Dempsey stated that their neighborhood association was successful in obtaining
some street improvements by working with various departments and people
throughout the City. He cited the benefit of having one contact in the city to work
with to resolve neighborhood issues through this city program. Dempsey stated
that his neighborhood adapted an amendment to their association by-laws to make
them appropriate to the neighborhood program the city has.
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Harmon MOVED to recommend that Council adopt the proposed resolutions which
recognize the Canterbury and Highland Crossing Neighborhood Councils, support
their community building efforts and confer all opportunities offered by the City’s
Neighborhood Program. Clark SECONDED the Motion. Motion PASSED 3-0.
Historic Preservation Nomination (Berieter House)
Planner Lydia Moorehead stated that the Berieter House has been nominated for
consideration as a historic landmark by the Kent Historical Society.
Ms. Moorehead gave a brief history of the Berieter House built in 1908 and located
at 855 East Smith Street originally consisted of 3.5 acres with a gazebo, carriage
house, orchard and pastures, of which only the house and carriage house remain.
She stated that the primary interest with designation of this property is the
opportunity to receive grant funding to restore, most noticeably, the carriage house
which has fallen into disrepair.
Norm Turner, President of the Kent Historical Society, 818 Woodland Way, Kent,
WA stated that the primary focus of the Historical Museum is to recognize the
historical significance of the house built in 1907 and occupied in 1908. He stated
that the house is preserved basically in the state as it was built and noting that this
year is the homes centennial year. In celebration of the centennial year, the
Historical Museum will be hosting an antique car show along with an ice cream
social, hotdog stand and a band, to be held on Saturday, August 9, 2008.
Turner stated that both the house and grounds are utilized for special events and
group meetings with a limitation of no more then 20 people in the house due to fire
code regulations.
Turner stated that the museum is not completely full. However, the museum
houses thousands of pictures as well as newspapers documenting Kent’s history
along with a good size inventory of items from the houses era. Turner stated that
the carriage barn is currently full but anticipate using the carriage barn as an
expedition area in the future.
Caitlyn Wright, King County Historic Preservation stated that historic preservation is
a King County funded program. She stated that our goal is to provide services to
as many incorporated cities around King County as possible. Wright stated that by
agreeing to allow King County to operate the city program, we provide technical
services, give advice on how to treat historic properties, manage a data base of
historic properties within the city as well as provide grant opportunities for
landmark buildings in the city.
Wright stated that the Berieter House applied for a grant through the King County
Landmark Brick and Mortar Program used for physical repairs and maintenance to
houses. She stated King County has reviewed the grant application and are looking
at granting money to restore the interior of the carriage house. Wright stated that
this is a program for landmark properties only.
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Clark MOVED to recommend approval of the nomination of the Bereiter House as a
historic landmark and authorize the King County Historic Preservation Officer to
process the nomination application pursuant to the Interlocal Agreement for
Landmark Services. Harmon SECONDED the Motion which PASSED 3-0.
Chair Albertson stated that this will move to the Full Council at their May 6 meeting.
Code Enforcement Process Improvements - Ordinance
Community Development Director Fred Satterstrom stated that this item is being
brought back to the PEDC with some minor housekeeping changes.
Asst City Attorney, Tom Guilfoil stated that the Hearing Examiner has suggested
some language changes that would follow other statutes and laws more precisely.
He stated that if a violation was challenged, appealed, or went to court; judges are
more comfortable if language is as consistent as possible. Guilfoil referenced staff’s
memorandum in noting the proposed language changes.
Guillfoil stated that the current code enforcement process is slow and cumbersome,
requiring that every Notice of Violation (NOV) be reviewed by the Hearing Examiner
who determines if a violation exists, even minor violations such as junk vehicles in
yards.
Guilfoil stated that in reviewing the current process, staff has proposed to
streamline the process by making it more akin to a traffic violation whereby you
have the right to contest the violation, but the city is not required to go before the
Hearing Examiner on every single violation if a person chooses not to contest it.
Guilfoil stated that code enforcement staff will initially work with folks to give them
time to resolve suspected violations, rather than immediately issue a NOV. He
stated that if those folks are not responsive, a violation is issued; requiring the
violation to be corrected and the fine to be paid.
Guilfoil responded to Harmon’s inquiry with respect to timelines indicating the use
of calendar days versus business days by stating that the default rule in this
proposed ordinance is calendar days, but a few sections specifically state business
days because we are required to.
In response to Harmon’s inquiry about the methods used to notify people of
violations, Guilfoil stated that mailing notices out via certified mail is
counterintuitive, in that a person trying to avoid receiving notice will often refuse to
sign the certified mail receipt, and this can create a possible barrier when going
before the Hearing Examiner or to Court, as there is no signed return receipt.
Guilfoil stated that staff has removed the certified mail requirement to avoid this
problem and is using US Mail. He stated staff is adding requirements to determine
a best address; using the Department of Licensing or Tax Receipt addresses.
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In response to Harmon, Satterstrom stated that staff could complete an affidavit of
mailing as a means to demonstrate to the Hearing Examiner that a notice of
violation was sent.
Guilfoil clarified that staff will continue to make personal contact in attempts to
obtain compliance and in many cases personally hand a violation notice out. In
those circumstances where they can not hand deliver the violation, they will be
mailed.
Swanberg explained that the intent of this new ordinance is to help speed up the
process of obtaining compliance, first by attempting voluntary compliance, then by
being given the authority to immediately issue a citation that the violator can
appeal and if they fail to do so, code enforcement may continue to pursue
compliance.
Swanberg described the current process which includes the issuance of an
admonishment letter, followed by personal contact, Notice of Violation letter, then
on to the Hearing Examiner for determination of violation with the possibility of
fines to be issued. Swanberg stated that affidavits of mailing are completed on any
letter sent out; the letters are entered into our KIVA System as a tracking tool.
Harmon MOVED to recommend Council adopt the proposed ordinance which repeals
the existing Chapter 1.04 of the Kent City Code, and adopts a new Chapter 1.04 in
its place, and makes other related housekeeping changes to the Chapters in 13.02
and 14.08 of the Kent City Code. Albertson SECONDED the Motion. Motion
PASSED 3-0.
Albertson stated that this item will be moved on to Council under Consent. She
asked that staff bring this item back to the Committee in six months with updates.
Cottage Housing
Planner Katie Heinitz described Cottage Housing as an innovative housing choice
typically resulting in smaller homes with clustered garages located usually close
together in one area with pathways leading from those garages to the homes.
Heinitz cited the characteristics of a Cottage Housing development which includes;
large common open spaces, a separate community building, private residential
gardens, innovative housing plans with porches and creative use of interior space.
Heinitz stated that Cottage Housing is favorable for in-fill development and gives
developers options to use small land parcels for development, as opposed to a
Planned Unit Development (PUD) requiring a five-acre minimum area. She stated
that Cottage Housing is cognizant of protecting open space, wetlands, steep slopes
and forested areas as well as retaining trees on site.
Heinitz stated that staff has explored the feasibility of cottage housing in Kent with
other City departments and have visited Cottage Housing developments in Kirkland,
Redmond and Shoreline. She stated that staff reviewed Kirkland, Redmond,
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Shoreline, Federal Way and Normandy Park’s cottage housing ordinances, found
Kirkland’s cottage housing ordinance to be the most innovative and desirable to
adopt for Kent’s code. She stated that staff would amend Kirkland’s code to
develop a demonstration ordinance and a cottage housing pilot program to meet
the City of Kent’s needs.
Clark stated that he felt Cottage Housing was most viable for development in those
areas considered for redevelopment.
Planner Erin Fehringer acknowledged Clark stating that staff has not produced
criteria specific to where Kent will allow Cottage Housing to be developed in the
City, stating that she sees them working well in standard zoning districts as they
typically fit in well within the surrounding neighborhood environment, where they
are built.
Fehringer stated that staff determined that Kent’s parking requirements would allow
them to require two parking spaces per dwelling unit. She stated that the
difference is that those parking spaces would be placed in a clustered area away
from the houses.
Harmon suggested amending Kent’s existing PUD ordinance to reduce lot sizes to
one acre, adding a subsection to the PUD ordinance to include for Cottage Housing
requirements. Fehringer stated that the City needs a separate Cottage House
ordinance that will incorporate a special design review element and flexibility for
storm-water systems such as vaults. Albertson and Clark concurred with the need
for a specific Cottage Housing ordinance.
Fehringer stated that the Cottage Company has expressed an interest in building in
Kent and has done a phenomenal job with their developments in Kirkland,
Redmond and Shoreline. She stated that Kent would need to
Fehringer stated that if the City completes a demonstration ordinance, staff will
need to develop a selection process, possibly through soliciting proposals, to
determine who would build a select number of pilot projects.
Residential Development Standards
Planner Matt Gilbert stated that in 2006 Council directed staff to examine the City’s
residential development standards with the purpose of creating better aesthetics,
adding open space and character to neighborhoods, and raising the standard of
development for new neighborhoods in Kent.
Gilbert stated that Council adopted new standards in 2007, with a request to revisit
these standards twelve months hence. He stated that the city has continued to see
reasonably strong interest in development since these standards have passed, in
light of a currently sagging real estate market. He stated that in this period of
correction where staff has heard stories of Kent being overbuilt, the city has
continued to receive applications to subdivide land under the new ordinance.
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Gilbert stated that approximately 25 percent of the regulatory changes apply to lot
sizes, planned orientation, open space, and parameter landscaping. He stated that
about 75 percent of the regulatory changes pertain to buildings design review and
implementation of park developments; Whereupon, the new design review
regulations have not been applied as those plats are in process.
Gilbert stated that staff is not prepared to recommend changes to the ordinance at
this time. Gilbert stated that when the time comes to make changes to these
regulations staff will produce something that is affective in meeting the goals of the
Council, is clear, and not onerous to the development community.
Gilbert stated that he would like to return to the Committee with an update in
September after the construction season citing that the market dictates the
schedule. He stated that he is hopeful that staff can gather enough information to
offer some changes to the regulations by April 2009.
Gilbert stated that staff has not received active opposition to the new development
standards. He stated that the city has received a proposal for a plat from a major
home builder and approximately 33 smaller proposals. Gilbert stated that staff is
seeing a lot of infill development. Gilbert stated that he believes, the fact that staff
has seen continued interest is important to evaluating the effectiveness of the
regulations.
Adjournment
Chair Albertson adjourned the meeting at 6:25 p.m.
___________________________
Pamela Mottram
Planning Services/PEDC Secretary
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