HomeMy WebLinkAboutCity Council Committees - Planning and Economic Development Committee - 03/08/2010 (3)
ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE
MINUTES
March 8, 2010
Committee Members Chair Jamie Perry, Elizabeth Albertson, Deborah Ranniger
Chair Perry called the meeting to order at 5:30 p.m. due to an unforeseen delay.
1. APPROVAL OF MINUTES
Ranniger MOVED and Albertson SECONDED to approve the February 8, 2010
Minutes. Motion PASSED 3-0.
2. KENT DOWNTOWN PARTNERSHIP (KDP) ANNUAL CONTRACT AGREEMENT
Economic & Community Development Director Ben Wolters stated that KDP’s annual
agreement is for $33,600. The City has supported KDP for 18 years. Staff is
recommending approval of the 2010 annual contract.
Albertson MOVED to recommend approval of the 2010 yearly agreement with Kent
Downtown Partnership (KDP). Ranniger SECONDED the Motion which PASSED 3-0.
3. VAN NESS FELDMAN FEDERAL LOBBYING ANNUAL CONTRACT AGREEMENT
Economic & Community Development Director Ben Wolters stated that this is the 3rd year of
the city’s relationship with Van Ness Feldman, who provides Federal representation and
lobbying on behalf of the City of Kent. Wolters stated that this is a $90,000 annual contract
funded two-thirds from utility funds, and one-third from general funds.
Wolters stated that our lobbyist has been seeking federal funds for the levees, and has
helped the city strategize in support of the regional strategy to obtain funding for a
permanent fix for the Howard Hansen Dam.
Public Works Director Tim Laporte stated that the City’s work with Van Ness Feldman has
been productive. He stated that the opening of the 228th Street grade separation was
primarily supported by Federal funds. The City is working on securing funding for the Willis
Street/Union Pacific Railroad crossing.
Laporte stated that the City is working with the Corp of Engineers, FEMA, NOAA Fisheries,
and their counterparts in Washington D.C. He stated that the 3 agencies are vital to the
City’s ability to reconstruct the levees, to certify them, and to continue work at the Howard
Hansen Dam. Laporte stated that the City received $5 million in funding last year for the
analysis of the river levee between James St. and South 231st as a partial result of work
done by Van Ness Feldman. Laporte stated that this year the City’s Washington State
Congressional Delegation Representative Smith concurred with a $225 million dollar
proposal for action by Congress for the Green River Valley.
Ranniger MOVED to recommend Council authorize the Mayor to sign the Consultant
Services Agreement with Van Ness Feldman, Attorneys at Law representing the
City of Kent as our Federal Lobbyist, not to exceed $90,000, “subject to final terms
and conditions acceptable to the City Attorney.” Albertson SECONDED the Motion.
Motion PASSED 3-0.
4. COTTAGE HOUSING DEMONSTRATION ORDINANCE AMENDMENT - MAXIMUM
NUMBER OF DWELLING UNITS
Planning Manager Charlene Anderson presented an amendment to the Demonstration
Cottage Housing Ordinance to consider specific language to allow flexibility in determining
the maximum number of carriage and cottage housing units based on the development’s
design. Anderson stated that the Cottage Housing Committee supports unit flexibility if it
allows a better cottage housing development.
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March 8, 2010
Page 2 of 5
Albertson MOVED to approve an amendment to the Cottage Housing
Demonstration Ordinance to allow flexibility in the maximum allowable number of
cottage housing units, as recommended by the Land Use & Planning Board.
Ranniger SECONDED the Motion. Motion Passed 3-0.
5. OPEN SPACE TAXATION APPLICATION- DE FORD and CHARLENE COCHRAN -
PUBLIC HEARING
Anderson stated that in 1993 Council approved a decision making process for these types of
applications, whereby three members of Kent City Council and of the King County Council
would meet in a joint hearing at Kent City Hall to make a decision on these applications.
Anderson stated that since 1993, Kent City Council passed a resolution related to
establishing a Planning Committee that considers all matters related to community growth
and development opportunities in the City.
Anderson stated that State law provides for separate decisions of the Kent Council and the
County Council. Both committees must agree to affirm the application in its entirety or with
identical modifications. The action taken by the Committee on the proposed application will
be the City’s final decision and will not go forward to the City Council as a whole. The
decision will be forwarded to the County along with an original signature sheet signed by the
Council Committee members.
Planner Diamatris Winston stated that the property under review is participating in a farm
and agricultural current use program, a part of the State’s Open Space Act. He stated that
beginning with the 2011 tax year, this property is no longer going to be taxed at the farm
and agriculture land use value. As farming is no longer occurring, the applicants are
seeking a reclassification.
Winston stated that this application is submitted through King County’s Public Benefit Rating
System Program (PBRS) authorized by (RCW 84.34) the State’s Open Space Taxation Act.
The PBRS program offers an incentive to preserve open space on private property. Winston
stated that to be enrolled in the program, land must contain one or more of the open space
categories as defined by King County Code. Similar to the County, the City reviews the
application and recommends approval based on evidence of those open space resource
categories. The program establishes a point system which assigns credits to each category.
Enrollment requires a minimum of 5 points. The portion of the property enrolled in the
PBRS program is assessed at current use value.
Winston stated that De Ford and Charlene Cochran submitted an application for current use
assessment for property located at 26010 124 th Avenue SE, Kent, Washington. The
application is for a reclassification and assessment of 4.5 acres as Open Space on their 5.5
acre property. The applicants identified four open space categories on their property; active
and passive recreational areas, an aquifer protection area, a farm and agriculture
conservation area, and an urban open space area.
Winston stated that staff is recommending approval of the significant wildlife and salmonid
habitat and the open space categories (totaling 10 points), and recommends reducing the
eligible area to 3 acres. The applicants have been notified of this hearing and are not
present.
Winston stated that King County PBRS Program Coordinator Ted Sullivan transmitted his
staff report to the City on March 4th with a recommendation of approval for the Open Space
and the Farm and Agricultural Conservation Categories, with a recommendation to reduce
the eligible area to 3.5 acres. The definitions for each of these resource categories lay out
the criteria that the applicant needs to meet in order to qualify. After reviewing the
county’s staff report, city staff supports their recommendation. Staff amends the motion to
state “…as recommended by King County” rather than “recommended by staff”.
Sullivan stated that the two acres excluded from the program would be assessed at a
market value. He stated that the property is currently enrolled in the farm and agriculture
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March 8, 2010
Page 3 of 5
program as a commercial program and has not been commercially active for some time.
That program is administered by the assessor’s program. The Cochran’s were notified that
they were no longer in compliance and would have to apply for reclassification or be
removed from the programs. Sullivan stated that the Cochrans fit the PBRS farm category
criteria as the statutes allow properties to leave the commercial farm program in a holding
pattern so they can return to commercial activity in the future. There were no speakers.
Ranniger MOVED to approve the De Ford and Charlene Cochran King County Public
Benefit Rating System Application for current use assessment unde r RCW 84.34,
for a total of 10 points with conditions as recommended by King County staff.
Albertson SECONDED the Motion. Motion PASSED 3-0.
6. PANTHER LAKE ANNEXATION ZONING COMPREHENSIVE PLAN LAND USE &
ZONING MAPS – PUBLIC HEARING
Planning Director Fred Satterstrom stated that this is the first of two public hearings . He
requested the Committee take note of any zoning issues or concerns they wish to have staff
analyze and consider at the Committee’s second public hearing on April 12th, making the
directives to staff part of the evening’s motion.
Osborne stated that the Land Use and Planning Board (LUPB) considered the issue of u rban
separators at their January 25th Public Hearing recommending approval of Alternative Two
with an amendment to include consideration of issues and areas of concern from public
testimony. Osborne stated that Alternative Two is primarily a conversion of the
comprehensive plan land use designations and zoning designations of the County.
Osborne noted that the County was set to begin the urban separator amendment process in
2014, stating that it was suggested at the January 25th hearing, that this would be the
appropriate time to open up discussion of the policies of the urban separators and the map
that is a part of that policy.
Osborne stated that King County’s countywide planning policies are adopted or ratified by
Kent and other cities within the jurisdiction of the county. The City of Kent has adopted
goals and policies consistent with those countywide planning policies in its comprehensive
plan and development regulations.
Osborne stated that Alternative Two Comprehensive Plan Land Use Map consists primarily of
single family residential (SFR) and the Zoning Map consists primarily of Single Family
Residential (SFR) 6 units per acre with some areas of Single Family Residential (SFR) 4.5
units per acre, and pockets of Single Family Residential (SFR) 8 units per acre.
Approximately 15% of the total area is designated urban separator with corresponding
Single Family Residential (SFR) 1 unit per acre.
Alternative Two considers a Comprehensive Plan Land Use Map Designation of Mixed-Use for
the Historic Panther Lake Elementary site and a Community Commercial Mixed-Use (CCMU)
zoning designation which would be consistent with what has been proposed for the
remainder of the commercial area at the intersection of Southeast 208th and Benson Road.
Osborne submitted for the record the Ruth Proposal located at the southeast corner of 192 nd
and 208th; and a proposal from a property owner to rezone two parcels located off of 132nd
Avenue.
Osborne submitted for the record email correspondence received from Don Leever, 13725
SE 233rd St., Kent, WA 98042 dated February 9th, expressing zoning concerns associated
with property located south of his home containing Lake Jolie and spring fed ponds.
Osborne submitted for the record email correspondence received from Stephen Bowditch,
PO Box 6368, Kent, WA dated March 8, 2010, regarding transit-oriented zoning and
proposing amending zoning designations for specific lots and tracts adjacent to roadways
identified in the Comprehensive Plan as current or future principal and minor arterials.
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March 8, 2010
Page 4 of 5
Albertson MOVED to accept the correspondence from Mr. Don Lever and from Mr.
Stephen Bowditch into the record. Ranniger SECONDED the Motion. Motion
PASSED 3-0.
Albertson MOVED and Ranniger SECONDED to open the Public Hearing. Motion
PASSED 3-0. Perry opened the Public Hearing.
Jon Ruth, 19400 108th Ave SE, Renton, WA spoke in support of the Ruth proposal stating
that Kent’s proposed zoning conversion to Neighborhood Community Commercial (NCC)
would effectively down zone their property from its current King County zoning designation
of Neighborhood Business (NB). Ruth voiced concern that additional conditional use permits
would be required in order to complete development of their commercial property. He
stated that they would support a Community Commercial (CC) zoning for their property.
Don Leever, 13725 SE 233rd St., Kent, WA voiced his concerns associated with property
located south of his home which contains ponds, springs, and Lake Jolie. He stated that a
special use ordinance was filed in King County in 1977 for a portion of the property and a
sensitive area notice was issued. He questioned King County’s sensitive areas definition.
Osborne addressed Leever’s concerns indicating what zoning the City might consider for
that area. He stated that the issue of split parcels will need to be addressed and staff will
need to further investigate the property.
Sam Pace, 29839 154th Avenue SE, Kent, WA 98042 spoke to the issue of urban separators
and to how the State’s Growth Management Act (GMA) and the Countywide Planning
Policies govern and guide all local comprehensive plans and development regulations. Pace
spoke of the need, to be consistent with the Office of Financial Management (OFM) forecasts
and with the States Regulatory Codes (SRC) in order to obtain funding.
Pace stated that the City has a number of mechanisms to address protection of urban
separators; such as through the use of critical area regulations, development regulations,
environmental assessments, environmental impact statements, and SEPA Checklists. Pace
stated that zoning is probably an inappropriate approach to use to protect urban separators.
The use of these tools may be appropriate in a specific area to ensure that the City makes
compact efficient use of the land inside of the Urban Growth Boundary.
Paul Morford, Post Office Box 6345, Kent, WA stated that he lives in an urban separator
area and has been told that when he is annexed into the City his zoning will remain similar
to what he currently has under King County’s jurisdiction. Morford read a letter into the
record, submitted by Shupe Holmberg with Baima & Holmberg, addressed to Fred
Satterstrom, dated January 11, 2010, requesting a higher density for Tax Parcels:
0522059002/6623400141/6623400140 located east of Benson and the Ruth property on
the south side of 192nd Street within the proposed Panther Lake Annexation area. He
stated that the current King County zoning is R-8 and Kent’s proposed zoning on Alternative
1 is SF-8. The property owners believe that Low-Density Multifamily (LDMF) zoning is more
comparable to the County’s current R-8 zoning and would like their property annexed in
with the LDMF zoning in place. Morford stated that based on GMA mandates the City needs
to consider higher densities for the previously mentioned parcels as they are located close
to Benson and other commercial development.
Osborne submitted for the record, a proposal received from Camille O’Brien suggesting
amending the Comprehensive Plan Land Use Map from Urban Separator to Single Family 6
Units per acre (SF-6), and amending the Zoning District Map designation from R-1 to SR-6;
for parcels located adjacent to the southwest corner of the intersection at Southeast 196th
and 116th Avenue SE, extending down to the end of the cul -de-sac, adjacent to Panther
Lake. Osborne stated for the record that the O’Brien proposal includes an area currently
designated in King County as Greenbelt (R-1) with the proposal suggesting a change to SF-
6 and SR-6 in Kent.
ECDC Minutes
March 8, 2010
Page 5 of 5
Richard Aquilar, 11436 SE 208th St., Sp 26, Kent, WA stated that he resides in Pantero Lago
Estates. He voiced concern about the need to protect Panther Lake from contamination due
to residential development occurring. He stated that the wetland areas need to be
protected and that the City needs to consider developing educational facilities and parks
rather than more residential.
Albertson stated that Pantero Lago will benefit from the annexation as there will be
increased access to police assistance in a faster timeframe than what has previously
occurred through King County. Perry informed Aquilar that she would meet with him at a
neighborhood meeting on April 14th.
Dennis Beckwith; 10860 SE 196 th St., Kent, WA voiced concern that if the Ruth property
currently zoned R-12 and R-18 is down-zoned it will reduce the value of that property as
well as the value of his own property which is currently zoned R-16 with a commercial
component. Committee stated that the Ruth proposal requests an increase in zoning.
Osborne stated that the parcel facing on Southeast 196th Avenue is currently zoned R-18 in
the county and the city’s equivalent zoning of MRG has a limit of 16 multifamily residential
units per acre. The parcel located adjacent to the west is currently zoned R -8 and R-24 in
the County. The City is looking at rezoning it to MRM which allows 23 units per acre.
Ranniger MOVED and Albertson SECONDED a Motion to close the public hearing.
Motion PASSED 3-0.
Perry indicated the areas of concern to be added to the motion include:
1) The Ruth proposal to consider changing the proposed NCC to CC Zoning/Commercial
comp plan designation for the southeast corner of 108th Avenue SE and SE 192nd Street,
2) The Leever proposal to consider expanding the urban separator/SR-1 to the west on the
parcel adjacent to Lake Jolie with a split designation of SR-1/SR-6, 3) a proposal to
consider a SR-6 designation within the Lake Jolie area rather than Alternatives 1 and 2 SR -4
designation, 4) the Bowditch proposal to amend designations next to principle arterials
along 208th, 116th and 132nd Avenue Southeast to LDMF or MDMF (exclusive of urban
separator designations), 5) the Camille O’Brien proposal to consider changing the US/SR-1
designations to SF-6/SR-6 to the east and west sides of 116th Ave SE south of SE 196th
Street, 6) a proposal submitted by Paul Morford for Shupe Holmberg requesting a higher
density for Tax Parcels: 0522059002/6623400141/6623400140 located east of Benson
south of 192nd Street, and 7) the Beckwith proposal to zone property adjacent to the Ruth
property along SE 196th Street similar to the County’s current zoning of R-12/R-18.
Perry stated that staff will review these proposals which will be included in the motion and
brought back to the next public hearing on April 12th.
Albertson MOVED to recommend that the ECDC schedule the 2 nd public hearing to
occur at its April 12th 2010 meeting. Further the Committee directs staff to
analyze and provide comprehensive plan land use map and zoning district map
designation options for consideration regarding the following proposals and issues
of concern, those just outlined by Council President Perr y – Items 1-7. Ranniger
SECONDED the Motion. Motion PASSED 3-0.
Adjournment
Perry Adjourned the Meeting at 7:00 p.m.
_______________________________________________
Pamela Mottram
Economic & Community Development Committee Secretary
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