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HomeMy WebLinkAboutCity Council Committees - Planning and Economic Development Committee - 05/20/1997 CITY OF �1djS�J Jim White, Mayor Planning Department (253)859-3390/FAX(253)850-2544 James P.Harris,Planning Director CITY COUNCIL PLANNING COMMITTEE MINUTES May 20, 1997 Planning Committee Members Present: City Attorney's Office Leona Orr, Chair Laurie Evezich Tim Clark Jon Johnson Other Planning Staff Peggy Aulgur, Sounds on Wheels James P. Harris, Planning Director Daniel Streiffert Margaret Porter, Administrative Asst III Nancy Streiffert Teresa Beener, Administrative Secretary Ted Sullivan, KC Program Manager 0 SOUNDS ON WHEELS (L. Orr) Chair Leona Orr explained that the Peggy Aulgur, owner of Sounds on Wheels, contacted her regarding a problem she was having within the City. Chair Orr asked that Ms. Aulgur explain her situation to the Committee. Peggy Aulgur, Ill Central Avenue. Ms. Aulgur stated that she and her husband own Sounds on Wheels,which is located in the City of Kent. She remarked that they have been doing business in the City of Kent since late 1987 and purchased their Central Avenue property from Texaco in 1991. Ms. Aulgur commented that she felt they had received a lot of opposition from the City from the beginning. She explained that the main opposition they faced came from the existence of the open driveways. She remarked that the property was originally a service station and had six entrances. She stated that they negotiated with the City to leave four entrances open. Ms. Aulgur stated that their building was partially destroyed from arson fire. She stated that during reconstruction, concerns were once again expressed regarding the zoning and driveway issue. She indicates that during their rebuilding process,there was someone from the City constantly observing their progress. She commented that this was tremendously frustrating and remarked that the rules of the game were constantly changing. She stated that when they finally got the building back together they had only one driveway remaining at the northwest side of the building. The Aulgur's put up barriers to close the remaining 1 220 4[h AVE.SO., /KENT WASHINGTON 95032-5895i"PFLP.PHONE M6)859 33001 FAX#859-3334 City Council Planning Committee Minutes May 20, 1997 entrances. She professed that the City was requiring them to put in a sidewalks, add curbing and make the site wheel chair accessible. She stated that they received bids on the improvements and they were extremely expensive. In June of 1996,they applied for a sign permit. The sign company Ms.Aulgur hired went to the City of Kent to apply for the sign permit. They returned and informed the Aulgur's that a sign permit could not be issued for the property because of existing violations and issues with the City. Ms. Aulgur stated that the reason the property was redlined was because the driveway on the northwest side of the property. Since that time,the Aulgur's have tried to speak with City officials to no avail. She stated that her attorney had written a letter in July of last year to the City which was forwarded to the City Attorney. After the letter had been received,the City would not speak with Ms. Aulgur because it was now a legal matter. Ms. Aulgur expressed her frustration with the situation. She stated that there are other properties in the area that have more severe issues such as excessive signage and numerous driveways left open. She stated that she feels as though she has been singled out. She is asking to have the provision . removed from her property and the sign permit issued. Committee member Tim Clark stated that he is unsure as to how your sign permit is different from any other applicant's. Ms. Aulgur stated that her sign has nothing to do with this issue. Mr. Clark stated that sign is a wide open term and there are several types and restrictions that apply. Ms. Aulgur stated that according to the information that the sign company received from the City there are no problems with the sign that is being requested. She stated that her sign permit is being held up due to the fact the northwest corner of her property does not meet the City's requirements, although the City allowed her to occupy the business. Assistant City Attorney Laurie Evezich explained that the history of this property dates back to approximately 1992 when Sounds on Wheels requested permits from the City of Kent. The City approved the initial site plan with conditions and issued their permits. She explained that some of the conditions required certain construction standards and traffic patterns, rights-of-way, driveway access, egress, ingress, etc. to be followed in accordance with common Public Works practices at that time. Ms.Evezich explained that subsequent to receiving their site plan approval,the business opened and in 1996 the applicants approached the City of Kent with some additional permits unrelated to their original permits. During the review of a change of use permit application(1996) a planner went out and did a site inspection. Upon obtaining plans, it was discovered at that time that the project as 1-0 approved had not been carried forward. Hence, the plans that were approved with conditions had 2 • City Council Planning Committee Minutes May 20, 1997 not been fulfilled by the owners;therefore,no additional permits can be used until such time as they comply with the original site plan approval. Ms. Evezich stated that the letter she had received from Susan Sampson representing Sounds on Wheels was written in September of 1996. Ms Evezich explained that she responded to the letter on October 17, 1996, in which she responded to Ms. Sampson's questions and invited her to contact her. She state that there was no further contact from the applicants or their attorney before today. Ms. Evezich warned that this body is not necessarily the best avenue in which to discuss this matter. She offered an opportunity to discuss this matter directly with Ms. Aulgur and provide her with a more direct remedy. APPLICATION FOR OPEN SPACE TAXATION (PUBLIC HEARING) (J. Harris) Planning Director James P. Harris explained that Daniel and Nancy Streiffert have applied for a current use assessment for open space taxation of their property,which is located in the City of Kent. Mr. Harris identified the property location on a map. The property is located at 10102 SE 270th Place. Mr. Harris explained that the total area under consideration for open space is approximately .91 acres. He explained that the property is adjacent to two parcels of City owned land. He stated that the portion of their property in question has about 40% slopes. He explained that the approval body consists of three King County Council members and three Kent City Council members,which may approve the application by separate public hearings. Mr. Harris explained that the applicants were required to complete the King County Public Benefit Rating System Form and they have identified several significant features on their property. The Rainier Chapter of the National Audubon Society supports this proposal and Mr. Harris stated that the Planning Department is recommending approval of this application. Chair Leona Orr opened the public hearing. Ted Sullivan,King County Program Manager of the Public Benefit Rating System,506 Second Avenue, Suite 720, Seattle, WA 98104. Mr. Sullivan explained that he has reviewed this application and discussed a few corrections. The applicants identified the area as having a surface water quality buffer area, although they do not qualify for that category. Mr. Sullivan explained that the Streiffert's property does qualify for the aquifer protection area and the public lands and right-of- way buffer. He stated that the applicants qualify for an 80%tax reduction. 3 City Council Planning Committee Minutes May 20, 1997 Planning Director Jim Harris questioned what the 80% tax reduction would be on. Mr. Sullivan explained that the Streiffert's would receive the tax reduction on the portion of the land in the program not the entire tax bill. Mr. Sullivan explained that the next process would require the approving members to sign a `Decision of Granting Authority' to approve the application. He stated that the County Council members will be meeting on June 26, 1997 to decide this application. Mr. Harris questioned when the Council members would have to sign the approval form. Mr. Sullivan explained that the Council members could sign any time after they have made their decision. He stated that he could send Mr. Harris a form tomorrow. Mr. Sullivan commented that the tax reduction will not take place until 1998 and it will not affect the current tax year. Mr. Sullivan explained that the City has the option of shifting the loss of revenue from this tax reduction to the rest of the property owners within the City of Kent or can simply absorb the loss of revenue. He also explained that his recommendation will outline the conditions that will apply to the property. Some of the conditions that will be placed on the property are as follows: • No development on the property that would disturb the resources. No machinery. No manicuring of trees. Maintain an existing trail. Mr. Harris explained that he is unsure how the City has dealt with the loss of revenue from previous applications. Chair Orr asked Mr. Harris to research how the City has handled previous applications before they decide on how to handle this application. Committee member Tim Clark MOVED and Johnson SECONDED a motion to close the public hearing. The motion carried. Committee member Johnson MOVED and Clark SECONDED a motion to approve the Application #E96CT035K for Open Space Taxation. Motion carried. Chair Leona Orr requested that Mr. Harris get the necessary paper work for the Council members to sign and also asked him to research the history of how the City has handled the decrease in revenue. 4 City Council Planning Committee Minutes May 20, 1997 ADDED ITEMS SPECIAL PLANNING COMMITTEE MEETING (J. Harris) Planning Director James P. Harris requested that the Committee schedule a special meeting on September 2, 1997 to consider Block Grant funding. The Committee concurred to set aside this date for a special meeting. PARK ORCHARD FENCING ISSUE/108TH AVENUE SE (T. Clark) Committee member Tim Clark commented that when this item was last discussed by the Planning Committee, Assistant City Attorney Tom Brubaker agreed to speak with the Apartment Complex in question. Mr. Clark asked the City Attorney's office for an update. Assistant City Attorney Laurie Evezich stated that the City Attorney's office is trying to substantiate whether the agreement made between the City and the Apartment was binding by mitigating conditions of the development or if the agreement was merely a friendly verbal agreement. Mr. Clark requested that this item be brought back to the Planning Committee at the next meeting to consider limiting on-street parking if the City is unable to require the Apartment to replace the fence. Mr. Harris stated that this item will be placed on the next Planning Committee agenda(June 17th). Ms. Evezich stated that she will report back to the Committee at the next meeting whether the fence was required due to mitigating conditions which the City can hold the apartment accountable. HOUSING TARGET GOALS (L. Orr) Chair Leona Orr questioned whether staff was working to revise the housing target goals and make adjustments for the areas annexed into the City. Mr. Harris explained that this issue is currently being researched by staff. He stated explained there is no quick formula to revise the target goals; however, both King County and Kent are working towards updating the target goals. Mr. Harris stated that staff will provide the Committee a report on the housing target goals as the revision becomes available. ADJOURNMENT The meeting was adjourned at 4:50 p.m. • 5