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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. ECDC Minutes 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 ECDC Minutes 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. ECDC Minutes 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 P:\Planning\ECDC\2010\Minutes\03-08-10_Min.doc