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HomeMy WebLinkAboutCity Council Committees - Planning and Economic Development Committee - 05/07/1991 • MARIE JENSEN CITY CLERK CITY OF PLANNING COMMITTEE 1,vn'sr'�-' AGENDA MAY 7, 1991 THE �� �� N.G:.::FO.R;::MIYI:,::7 ::I PLANNINGV MM1tg MEETING 0Ii991 IS SCHEDULED! FOR THE COUNCIL CHAMBERS EAST RO AM: USED To 220 FOURTH:.*A V0,URT.:R0'PM 6k.ANT Cl2 I'HALE A7 Committee Members Jon Johnson, Chair Christi Houser Leona Orr AGENDA 1 Human Services Commission Update (L. Ball) INFORMATION 2. Public Notification of 200-300 Foot Radius ACTION ITEM (F. Satterstrom) 3. Soos Creek Update (L. Anderson) ACTION ITEM 4. Hugh Leiper Proposal (J. Harris) INFORMATION 5. A Possible Name Change of Committee INFORMATION (J. Johnson) in M Az% 220 4th AVE.SO., I KENT,WASHINGTON 98032-5895 TELEPHONE (206)859-3315/FAX#859-6572 trey of Rend CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM April 30, 1991 MEMO TO: JON JOHNSON, CHAIR AND PLANNING COMMITTEE MEMBERS FROM: FRED N. SATTERSTROM, PLANNING MANAGER SUBJECT: PUBLIC NOTIFICATION REQUIREMENTS The Planning Committee has expressed some concern about the public notification requirements relating to land use actions. At a Planning Committee meeting in March, the staff was asked to compare Kent' s requirements with those of other jurisdictions. The following is the result of that investigation, along with our recommendations for change. Existing Public Notification Requirements Proposed land use actions, such as rezones, subdivisions, and conditional use permits,. require a public hearing by state law. Cities and counties are all required to publish notice of such hearings in a newspaper of general circulation in the area. But, beyond this requirement, cities are given wide latitude to alert the public to pending land use actions which may affect them. Below is a matrix of what Kent's neighboring cities (and King County) do to give public notice of proposed land use actions: Publish Post Notice Mail Notice Notice Site Board Notice Radius Auburn Yes Yes No Yes 300 ' Des Moines Yes Yes Yes Yes 300 ' 44ederal Way Yes Yes No* Yes 300 ' Kent Yes Yes Yes Yes 200-300 ' King County Yes Yes No Yes 3001 . Renton Yes Yes No Yes 300 ' Tukwila Yes Yes No Yes 300 ' * - Federal Way requires only a small notice board, measuring 18" by 30" . All other cities, with the exception of Des Moines, use a smaller format (8" by ill' or 8" by 14"") for posting purposes. Jon Johnson, Chair and Planning Committee Members April 30, 1991 Page 2 Analysis of Requirements There is much consistency among jurisdictions in public notification, with the exception of public notice boards. All cities surveyed require publishing notice, posting property, and mailing notice to surrounding property owners. Where cities differ is on the matter of notice boards. Kent and Des Moines are the only cities surveyed that require a public notice board to be posted on the subject site. In Kent, this practice has helped enormously in reducing the complaints about inadequate notification. The City of Des Moines reports similar results with their notice boards. Where Kent might improve is in the mailing radius to surrounding properties. Some applications require a 200 ' radius, others require a 300 ' radius. The standard radius of surveyed cities is 3001 . Auburn also allows for the Planning Department to determine a larger radius on certain applications of broader interest. Staff Recommendation Existing public notification procedures for land use permits could be improved by modifying the zoning code to 1) require a basic 300, radius for mailing notice, and 2) grant the Planning Director the discretion to assign a wider radius with respect to permit applications having a significant impact on the neighborhood. The Planning Department would welcome a directive from the Planning Committee to begin the code amendment process to accomplish these modifications. FS/mp:a:pubnote cc: James P. Harris, Planning Director CITY OF CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM 9MCI M April 30, 1991 MEMO TO: JON JOHNSON, CHAIR, AND MEMBERS OF THE PLANNING COMMITTEE FROM: LAURI ANDERSON, SENIOR PLANNER RE: SOOS CREEK COMMUNITY PLAN King County has recently released the first draft of its' Executive Proposed Plan, Draft Environmental Impact Statement, and Proposed Zoning for the Soos Creek Planning Area. The Soos Creek Planning Area extends east from Kent's city boundary past Big Soos Creek. At the Planning Committee meeting on May 7 , staff will present an overview of King County's proposal and get your reaction to it. The City will soon need to take a formal position in support of, or opposed to, the Plan, and we would like your preliminary feedback. LA/mp:soosl cc: James P. Harris, Planning Director • • r CITY of CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM April 30, 1991 dhy®II(G9P4� MEMO TO: JON JOHNSON, CHAIR AND CHRISTI HOUSER AND LEONA ORR FROM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: IBC RESPONSE CONCERNING HUGH LIEPER' S PROPOSAL FOR DOWNTOWN DEVELOPMENT On April 21 1991 Hugh Leiper gave a presentation to the Planning Committee concerning Downtown Kent revitalization (see attached letter) . The committee referred Mr. Leiper Isproposal to Internal Budget Committee(IBC) for their review. IBC met on April 17, 1991 to discuss a Fiscal Note, prepared by Fiance Director Tony McCarthy, concerning the Leiper proposal (see attached Fiscal Note) . The note recommended that the City not put money into this proposal because of the up front cost and the fact that the Law Department finds the joint venture aspects of the project are not legal. The Internal Budget Committee concurred with this Fiscal Note. JPH/mp: a: leiper Enclosures PORTER,MARGARET / KENT70/PL - HPDesk print. ------------------------------------------- Message* Dated: 04/30/91 at 1105 . Subject: HUGH LEIPER PROPOSAL - FISCAL NOTE Sender: Tony MCCARTHY / KENT70/FN Contents: 3 . TO: Margaret PORTER / KENT70/PL Part 1. TO: Margaret PORTER / KENT70/PL Part 2 . Part 3 . MR. LEIPER OF AMERICAN COMMERCIAL INDUSTRIES INC IS PROPOSING A. REVITALIZATION PROGRAM FOR DOWNTOWN KENT. MR. LEIPER IS SUGGESTING THAT THE CITY USE ITS POWER OF EMINENT DOMAIN TO CONDEMN ALL PROPERTY FROM SMITH ST. TO GOWE AND FROM 1ST AVE. TO 4TH LESS THE NEW LIBRARY. UNDER HIS PROPOSAL WITH THE PROPERTY CONDEMNED, THE CITY WOULD FORM A JOINT VENTURE WITH AN INSURANCE COMPANY TO BUILD A $75 TO $85 MILLION DOLLAR MALL STRUCTURE WITH A PERFORMING ARTS CENTER. IfM ASSUMING UNDER HIS PROPOSAL THE CITY WOULD OWN THE LAND AND THE INSURANCE COMPANY WOULD OWN THE MALL STRUCTURE. WITH COST OF LAND AND BUILDING AT $40 PER SQUARE FOOT BASED ON THE IOOF HALL PROPOSAL, THE COST TO ACQUIRE 5 CITY BLOCKS COULD BE ABOUT 12 MILLION DOLLARS. AT LEAST ANOTHER 2% IS SUGGESTED TO BE ADDED FOR LEGAL COSTS OF CONDEMNATION. ADDITIONAL CITY EXPENDITURES REQUESTED ARE $135, 000 FOR A MARKET ANALYSIS, SURVEY AND APPRAISAL REPORTS PLUS $380, 000 OVER 5 YEARS FOR THE SERVICES OF AMERICAN COMMERCIAL INDUSTRIES INC. THIS PROVIDES A TOTAL CITY COST OF ABOUT 13 MILLION DOLLARS BEFORE ANY TAX REVENUE IS GENERATED FOR THE CITY. IN ADDITION TO THE EXPENSE OF THE PROJECT, THE LAW DEPARTMENT HAS DETERMINED THAT THE JOINT VENTURE PROPOSAL IS ILLEGAL AND THAT THE CONDEMNATION PROPOSAL MAY REQUIRE MORE EXTENSIVE LEGAL COSTS THAN NORMAL. BECAUSE OF THIS AND THE AMOUNT OF UP FRONT FINANCING COSTS REQUIRED, THE IBC RECOMMENDS THAT THE CITY NOT PUT MONEY INTO THE PROPOSAL AS PRESENTLY STRUCTURED. THE CITY DOES HAVE EDC FUNDS OF APPROXIMATELY $110, 000 THAT CAN BE USED TO PROMOTE ECONOMIC DEVELOPMENT IF A SAFER LEGAL PACKAGE THAT INVOLVES NO CITY OWNERSHIP OF PROPERTY WAS PROPOSED. AMERICAN COMMERCIAL INDUSTRIES, INC. Commercial Real Estate & Developer PROPOSAL Downtown Kent Revitalization It has been said , if you know where you have been , if you know where you are, if you know where you should be , you may arrive at the edge of Truth. We most assuredly kno;•r where we have been regarding the Downtown area , we most assuredly know where we are , but it is very obviously, the Downtown Area doesn ' t know where it should be . If it is the true intent to have Downtown Kent be the focal point of the community , with a prosperous and vital business , then some very real new direction is necessary. First let us analyze what it takes to make business flourish. 1 . Location to be a drawing point for people to come and partake of business function naturally. 2 . Business activity must be large enough to attract the people of the Entire Community to be a focal point . 3 . There must be a variety of business with goods and services that will fulfill the needs and attract people to come and partake of business activities . 4 . The housing of the business must be attractive and inviting for people to come and enjoy themselves while they are Buying and Selling Something. 5 . Business must be understood , that Someone sells Something, Someone Buys Something. that is the Business of the Free Enterprise System. This means the availa'bility of all kinds of Goods and Services for the people of the Entire Community. 1819 S. Central Suite 116 Kent, WA 98032 (206) 852-4360 Let us review some of the community areas and see why they work or don ' t work. Northgate was built in 1950 opened in 1951 , this was long before the freeways were even on the map. Northgate is the granddaddy of all centers. Northgate was a success from day one , because it is a true part and focal point of the surrounding area . If you take away the freeway from Northgate it would still survive as a business area . Now suppose you take away the freeways from Southcenter, it would die as a Business Center. That ' s the difference in placing Business Centers in the true focal point of a community. Bellevue Square is example of placing a business center in the true heart of the community. This center is the most successful center there is in the U.S . of A. . Downtown Kent has over the years proven to be the true heart of the surrounding community. Example , during Cornucopia Day ' s this activity draws approximately 20, 000 people daily. This is a pure example of Carnival Atmosphere attracting people . Saturday Market is another example of Carnival Type Atmosphere attracting people to a location . The location of Downtown Kent is and should be the true heart of the Business Community it serves . But the activity of Cornucopia Day ' s and Saturday Market is not enough to produce a Viable and Prosperous Downtown. In order to attract large anchor stores it becomes necessary to be able to produce one million square feet of business space or they are not interested in coming. To produce one million square feet it becomes necessary to produce a 2 and 3 level shopping mall , with 6 level parking facilities to Accommodate at least 3 ,000 cars placed in convenient locations to facilitate ease of traffic. Around this mall produce some open space for a Real Park for people to enjoy themselves . Then office buildings can be accommodated on the periphery of the Park. With the one million square feet , allot 40, 000 sq.ft . to a center for the performing arts - Live Theater, Concerts , Art Galleries for Northwest Artists . The cost for such a total facility will be in the neighborhood of $75 - $85 Million Dollars . Now how can this be 'achieved? The City owns approximately a of the amount of property necessary for such a project . 2 PROPOSAL AND COURSE OF ACTION Commit a Revitalization Program for Downtown Kent on the basis of a public-private urban renewal. With the City ' s authority of Eminent Domain. The area in question is Smith Street to Gowe and 1st Ave. to 4th Ave . less the New Library. Now for the best part of the program. At this point in time , there is one Insurance Company, perhaps two and even some Pension Funds that are willing to discuss a joint venture with the City of Kent.for such a project . Which means they (The Insurance Company or Pension Funds whichever is chosen) will invest with the City of Kent in the amount of $75 to $85 Million Dollars for the entire project . A complete total plan of Downtown Kent would be jointly planned by the City of Kent and it ' s joint ventured owner . Benefits For The City 1 . Pro-rata share of Sales Tax on construction of $75 to $85 Million Dollars or $712 ,500 . 2 . 40,000 sq. ft. of space within the Mall Structure to be allotted for the Performing Arts without a cost to the City. 3 . Creation of 300 to 400 new jobs . 4 . Pro-rata share of Real Property Taxes of $75 to $85 Million Dollar value per year or $236 , 250 . 5 . Pro-rata share of. Sales Tax of Goods Sold at Approximately $200 Million Dollars per year or $1 , 900 ,000 . 6 . Revitalization of Downtown accomplished . 7 . Pro-rata share of profits from Joint Ownership of the project . 8 . A viable & prosperous Downtown as a Real focal point of the community . Now how do you get from point A to Z? 1 . First it will take somewhere between 3 to 5 years to produce such a project . 2 . There will be a need for the City to spend some money ' s up front . Addressing the problem of developing a center for longevity, success and truly fulfilling the needs of the community requires some discussion . If a center is developed piecemeal , the individual small businesses & sometimes large businesses can not totally be successful and prosper economically. For example , the East Hill of Kent is so totally fractured that businesses can not survive successfully and fulfill the needs of the community. If , again , it is the true intent to establish Downtown Kent as the focal point of the community with successful Businesses fulfilling the needs of the community then it heeds to be totally planned as a complete- interrelated Center , where each individual Business compliments one another. this can only be done as a Mall , to be a successful Center . Doing it piecemeal cannot possible produce a successful Center of any longevity. If each individual Business can be successful and prosper well , the owners of the Center likewise prosper well . So as you can see how very important it is for each individual business to have the highest possible opportunity to succeed and be prosperous . It just isn ' t possible to have a successful Center, without the individual businesses being successful . Again the most important First Step decision that has to be faced . Is it the true intent for Downtown Kent to be the focal point and Business Center of the Community? This decision by it ' s very nature must embody the thought and goal for not only for now, but for the next 50 to 100 years , that is why it is so important . Addressing the real problem of existing vest rights and asset values , of each existing individual Business and owner of existing improvements with the thought in mind of Private/Public Urban Renewal , with the power of Eminent Domain by the City of Kent being a partner with an Insurance Company or Pension Fund , which by the way is not a mortgage, but is direct ownership. First approach to this problem is an M.A. I . Appraisal on each parcel of property for the project . The Assignment to be given and directed to the Appraiser is to totally delineate all the rights and values of each individual Lessee ' s and Lessor ' s whatever their rights maybe . From that report each individual Lessee and Lessor will be a negotiated settlement . Naturally if any of the existing Lessee ' s desiring space in the New Center they will have first right of option for space in the New Center. Now before any of the above is commenced , the 1st step is to have a Market Analysis completed by a top rated, first class Market Analyst . I have in mind at this time Arthur Anderson & Co . (Nationally Known accountants ) , they have a very extensive Real Estate Service Group that specializes in Market Analysis and Appraising . This is the group I would intend to use . I have used them extensively when I was with the Brunswick Corp. and later used them when I was with First Mortgage Co. of Seattle , in financing of Noll Manufacturing Co. of Richmond , California in their acquisition of Wallace Manufacturing Co. of Kent , which later became Northwest Metal Products Co. , this was in the 60 ' s . Attached is a copy of a portion of Arthur Andersen & Co . brochure describing some of the points of their Real Estate Service Group. ( 4 ) A Survey & Topography will be required before the Appraisal is ordered , so as to delineate any and all problems related to the land to be assembled . Up Front Cost By The City Market Analysis $ 40,000 Survey & Topography 45 ,000 Appraisal Reports 50 ,000 Estimated-Total Costs $135 ,000 The above Market Analysis , . Survey & Topography and Appraisal Reports will be necessary and required before the Insurance Company or Pension Fund will commit to such a project . (Neither the Insurance Company nor the Pension Fund will want to become involved with any of the City 's politics . ) ( 5 ) The following is a list of Priority of Events . Priority of Events 1 . Total Commitment on part of the City of Kent to produce such a project . (The City Property including streets to be vacated represent about 4 of the amount of property needed . ) 2 . Produce Market Analysis by a National Authoritative Analyst . 3 . Survey of Property including Topography, delineation of all problems related to the land . 4. Appraisal of the individual parcels of land and delineating all of the vest rights and values of present Lessee ' s and Lessor ' s by a National Authoritative Appraisers . 5 . Produce Agreement with Major Partner ( Insurance Company or Pension Fund) . 6 . Negotiate settlements for al-1 present Lessee' s and Lessor ' s . 7 . Selection of Architect & Engineering Group. 8 . Selection of Contractors . 9 . Selection of Developing Consultant . 10 . Plan the entire Center with total partnership, The City of Kent and Insurance Co. or Pension Fund . 11 .Build Center. 12 .Negotiate Lessees . This program will require complete and constant orchestration of all the many interrelated parts . American Commercial Industries , Inc. has the knowledge , the know how, the skills and necessary contacts to orchestrate such a program and make it work. Our fee ' s for this service will be $60,000 the 1st year, $70, 000 the 2nd year, $80, 000 for the 3rd year and the 4th year and thereafter as long as service is needed will be $90 , 000 per year . Contract can be withdrawn at anytime by the City with a 30 day written notice if it is not totally satisfied of the progress or results produced . Sincerely Submitted American Commercial In ustries Inc. Hugh C . Leiper qZ01 � J Christopher B. Leipe ,o l .CITY OF CITY COUNCIL PLANNING COMMITTEE April 16, 1991 4:45 PM �T®II�9P® Committee Members Present Other City Staff Leona Orr Tony McCarthy Jon Johnson, Chair Carol Morris Christi Houser Planning Staff Other Guests Jim Harris Margaret Porter Carol Proud Fred Satterstrom PROPOSAL TO ANNEX AREA #1 (J. Harris) Mr. Harris went over his memo which discusses the procedures that would need to done to annex Area #1. The resolution that was adopted a couple of years ago and the map that goes along with this resolution was explained to the Committee members. The map describes the areas that were proposed to be annexed by a number system - Area 1, 2 , and 3 . The Annexation Committee of which Harris is chairman has been meeting for quite some time concentrating on Area 11. The Committee decided to proceed to annex Area #1. Mr. Harris stated that a number of things need to be done before annexation occurs. RCW 35A permits cities to annex unincorporated islands by adhering to the following: 1. Council adopts a resolution stating its intent to annex. 2 . A public hearing is held; all property owners in the island are notified. 3 . Notice of intent to annex is filed with the boundary review board. 4 . Annexation is accomplished via an ordinance. 5. The annexation ordinance is subject to referendum for 45 days after passage. 6. If. a referendum petition is filed, an election is held and the annexation shall be deemed approved unless a majority of the votes cast on the proposition oppose it. The first priority is to invite citizens to the West Hill Fire Station to discuss annexation and provide information. At this meeting, there would 1 CITY COUNCIL PLANNING COMMITTEE MINUTES APRIL 16, 1991 be a discussion of the advantages of annexing to the City of Kent and the timelines as to when this would occur. The Annexation Committee is asking for the Planning Committee to agree with this proposal. Mr. Harris passed out a Fiscal Impact Summary Sheet giving the fiscal impact of annexing the West Hill Area. The estimated revenues coming in would be $42, 366 . The expenditures would be $38,017. A Comparison of taxes was also presented. Compared with the County, there is a much narrower advantage of only $53 .00 based on property taxes for a $100, 000 home in the City of Kent. At the same time, Don Wickstrom is continuing to work on Area #3, which Don has broken down into six subareas. Mr. Harris pointed out on a map in more detail the area that Don Wickstrom is working on. Leona Orr reported that this was discussed at the Public Works Committee on April 16. Since there seems to be more of a negative financial impact, the Committee did not feel comfortable making a recommendation but ask that this proposed annexation be brought to the City Council on May 7 to let the City Council decide whether or not to proceed with Area #3 . Councilmember Leona Orr MOVED and Councilmember Christi Houser SECONDED the motion to send this issue to the City Council on the consent calendar with the Planning Committee's recommendation for the administrators on the Annexation Committee to move forward on Area #1. Motion carried. MOBILE HOME PARK CODE AMENDMENT (C. Proud) Senior Planner Carol Proud passed out a memorandum to the Committee members. She stated that the Planning Department received a regulatory review request from a mobile home park owner asking to amend the siting criteria for moving mobile homes onto individual lots in an existing park. The section that is being asked to be revised is Section 1. 3 para. 3 which states: "Any units brought into an existing mobile home park; any mobile home relocated on its own lot or onto any other lot; any additions to the structure or structures present on any lot (e.g storage buildings, canopies', decks, patios, fences, etc. ) must comply with this code as well as all other applicable City codes and regulations. Ms. Proud mentioned that King County is no longer issuing siting or relocation permits for individual mobile home units in existing parks. As specified in the City's Mobile Home Park Code (Section 1.4) , the duty has been turned over to the Building Official. The Building Official has denied relocation permits because the code does not permit relocating individual mobile home units that cannot meet requirements and standards for new parks. The size of newer units are typically wider and longer than 2 e CITY COUNCIL PLANNING COMMITTEE MINUTES APRIL 16, 1991 what parks were originally designed to accommodate. Carol summed this up by stating we have a nonconforming situation with no relief for mobile park owners. Ms. Proud said that this matter is being brought directly to the Planning Committee's attention (rather than first to the Planning Commission) as a result of Section 2 of the adopting ordinance No. 2077, which calls for the City Council to hear amendments to the Mobile Home Park ordinance. There has been inquiries from park managers, realtors,_ and tenants regarding the proposed amendment(s) . Since all of these people have definite views and opinions, these all will be included in the process. Carol said that staff will prepare a written report and recommendation to the Council that will include responses from the public and other city departments. The Planning staff proposes to bring the matter to the City Council for a public hearing subject to a time schedule of events as follows: Week of April 15 Meeting with King County Housing Authority. Bring matter to City Council Planning Committee. Route proposal to other City Departments for comment. Week of April 29 Conduct meeting with Mobile Home Park Owners and Managers Association. . Week of May 6 Conduct meeting with Mobile Home Owners and Tenants Association. Week of May 20 Public Notice of request soliciting comments and date of public hearing. Council set hearing date at May 21, 1991 meeting. Week of May 27 Prepare staff recommendation to City Council. Week of June 3 City Council public hearing at June 4, 1991 meeting. Planning Manager Satterstrom expressed that King County is in the same boat as the City in terms of when a mobile home moves out of a mobile home park, then in relocating the new mobile home in that park it is very difficult. They have minimum standards for distance between mobile homes in the County. Councilmember Leona Orr MOVED and Councilmember Christi Houser SECONDED it to concur with the described process and direct the Planning Department to proceed with the regulatory review. Motion carried. 3 CITY COUNCIL PLANNING COMMITTEE MINUTES APRIL 16, 1991 ADDED ITEMS POSSIBILITY OF CHANGING PLANNING COMMITTEE'S NAME - (J. Johnson) Planning Committee Chair Johnson stated that we have become more than just a Planning Committee because we do Human Services and other things. It was agreed that this item be discussed in more detail at the next Planning Committee meeting of May 7 . WALNUT PARK WITH A HOLE IN FENCE (L. Orr) Councilmember Orr mentioned a problem with a hole in the fence. Trash is being dumped as well. She understands our Zoning Code states that a multifamily development next to a single family development has to be fenced. The property owner would like the City to see that the hole in the fence is fixed. LETTERS SENT TO THE CITY ABOUT CLEARED TREES ON EAST HILL (J. Johnson) Chair Johnson mentioned an incident on East Hill where trees had been cleared from a piece of property zoned multifamily. A couple of residents who lived next to the property have written letters to the Mayor complaining about this issue. Mr. Harris stated he was aware of the issue. It was on his "to do" list. ADJOURNMENT The meeting was adjourned at 5: 17 p.m. MP:C:PC0416.MIN 4