HomeMy WebLinkAboutCity Council Committees - Economic and Community Development - 07/13/2015 KENT XENl�a
ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE MINUTES
July 13, 2015
Committee Members Committee Chair Bill Boyce, Dennis Higgins, and Jim Berrios. Boyce
called the meeting to order at 5:00 pm.
1. Call to Order
2. Roll Call
3. Changes to the Agenda Chair Boyce amended the Agenda to allow topic #11, Fire
Impact Fees, to be heard first and to include 5 exhibits to the packet and hear
comments from the public regarding topic #9, Land Use Plan and Zoning Districts Map
and Text Amendments.
4. Approval of Minutes
Berrios MOVED and Higgins SECONDED a Motion to Approve the Minutes of
June 08, 2015. Motion PASSED 3-0.
5. Fire Imoact Fees
Ben Wolters, Economic and Community Development Director, stated that the City Council
is considering a proposal from the Regional Fire Authority to institute a fire impact fee on
new development in response to a growing need for new infrastructure in Kent.
Wolters gave handouts to the committee reflecting analysis of the current and proposed fee
structure for new construction. He referenced a chart of permit fee costs for a single family
residence. Based on an average 2,300 square foot home in a 20-lot plat, the permit cost for
new construction is approximately $267,000. He referenced a chart based on an 80,000
square foot industrial building and stated that a building permit would cost approximately
$760,000.
Wolters stated that the two biggest fees are the traffic impact fee and the storm drainage
connection fee. He believes there's room for a fire impact fee at this time and suggested the
City should evaluate any future fee increases to evaluate market reaction. He spoke briefly
about Renton, Federal Way, and Redmond fees.
Fire Chief Jim Schneider, stated the yearly survey conveys that residents would like growth
to pay for growth. He mentioned that surrounding jurisdictions such as Auburn, have bonds
approved by voters to build new infrastructure based on growth whereas Kent does not
have those resources. Schneider mentioned that Kent hasn't had a new fire station built in
30 years. He stated that the average fire/Cardiac Arrest (CPR) response time is around 7
minutes and 50 seconds from the time of the dispatch call. He stated that King County has
one of the highest response times in America as there are only two stations reliable
between 9 am - 10pm (77, West Hill and 78, Covington). Schneider stated that reliability
was lost on July 4th as response times were approximately 12-15 minutes.
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6. Multifamily Tax Exemption Code Amendment
Matt Gilbert, Current Planning Manager, described the Multifamily Tax Exemption (MFTE)
program that allows for an 8-year exemption from property taxes based on the value of a
building for qualifying projects in downtown Kent. He stated that projects must meet a list
of criteria in order to qualify for the program.
Gilbert stated that Council members showed interest in adding a criterion to the ordinance
which will limit eligible projects to those that can financially stand alone and do not receive
financial assistance from other government sources. As a result, the Economic and
Community Development (ECD) staff and Law department revised the ordinance to Include
that criterion (page 11 of the Agenda packet) and to clarify the language of the original
ordinance.
Higgins MOVED and Berrios SECONDED a Motion to recommend to the full City
Council adoption of the Multifamily Tax Exemption ordinance as presented by
staff. Motion PASSED 3-0.
7. Critical Areas Ordinance and Flood Hazard Regulations Code Amendments,
Ordinances
Erin George, Senior Planner, stated that the code sections for the Critical Areas Ordinance
(CAO) and Flood Hazard Regulations were previously implemented by the Environmental
Engineering division of the Public Works Department. As a result of the ECD reorganization,
these code sections are now administered by ECD and have been for several years. George
stated that Public Works staff worked with ECD on the code amendments and among the
edits is a change to formalize responsibility for administration of the code from the Public
Works Director to the ECD Director.
Mike Mactutis, Public Works Environmental Engineering Manager, referenced a PowerPoint
presentation and spoke about the different types of critical areas protected by the CAO
such as wetlands, streams, steep slopes, flood hazard areas, and critical aquifer recharge
areas.
Mactutis stated that Public Works staff did a review of the code to ensure the code sections
meet state and federal law requirements and are up to date with best available science.
Some changes to the code were based on a best available science analysis as well as a gap
analysis which compared the existing code to the best available science. Various City
departments, outside agencies and the public reviewed these changes. Two Land Use and
Planning Board (LUPB) public hearings were held but no public comments were received
during either of those hearings. However, there were comments from internal and external
departments which were incorporated in the code or answered as to why they couldn't be.
Mactutis elaborated on the CAO code changes (KCC 11.06) such as formatting, clarifying
and standardizing of definitions, and administrative revisions.
He stated that the stream inventory map was updated to show current areas of salmonid
habitat. The map will be available to the public and will enable the City to do a more
consistent implementation of the critical areas code.
George stated that an analysis of the areas being changed showed that there aren't any
developable properties affected by the stream buffer changes. Higgins asked whether public
notice is required when the stream map is updated. George responded that the map is
being adopted in the code but public notice is not required when the map is updated.
Mactutis advised that updated maps are at the discretion of the director.
Mactutis stated that minimum time limits on restoration and mitigation monitoring are
being revised to 5 years with a possibility of 3 years based on performance. Mactutis
elaborated on revisions to the Flood Hazard Regulations based on FEMA guidance (KCC
14.09) which includes allowing for fish enhancement projects that have a minor impact on
the floodway, changes to the definitions of "fill" and "structure", and the requirement for
openings in rigid skirting around manufactured homes to allow for flow-through unless the
skirting will collapse under wind and water loads less than expected during a base flood
event. The manufactured home requirement is for new installations of manufactured homes
or for substantial improvements to a manufactured home. Berrios questioned if other
jurisdictions provide notification of stream map changes.
Ilon Logan, the City's Consultant from Environmental Science Associates, advised that no
other jurisdictions send notifications regarding map changes to her knowledge. She stated
that the map is for planning purposes only and serves as a reference tool, adding that the
City typically only updates their stream map as part of code updates.
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George explained that development applicants are required to submit a stream analysis
report prepared by a qualified biologist, which considers stream characteristics and
presence of salmonids and is peer reviewed by the City's biologist. The stream buffer may
change as a result of this report, but the property owner and the applicant would be aware
of the change in this instance. Higgins stated that because the applicant and property
owner would be aware of buffer changes, his concern had been resolved.
Berrios MOVED and Higgins SECONDED a MOTION to recommend to the full City
Council approval of amendments to KCC 11.06, Critical Areas Ordinance, and
14.09, Flood Hazard Regulations as presented by staff and approved by the Land
Use and Planning Board. Motion PASSED 3-0.
S. Recognition of Eagle Creek Neighborhood Council - Resolution
Toni Azzola, Neighborhood Program Coordinator, gave an overview of the City's
Neighborhood Program designed to encourage organization of neighborhood councils, foster
better communication between the residents and the City, and promote neighborhood
improvements.
Azzola introduced Kyle Applebury, Eagle Creek Neighborhood President and Ken Allen,
Property Manager for Eagle Creek with Bell-Anderson Property Management. She stated
that Eagle Creek has about 49 households situated east of 136th Avenue, north of SE 281"
Place, west of 137th Avenue and south of SE 280th. Azzola stated that Eagle Creek is
number 29 in the neighborhood program.
Higgins MOVED and Berrios SECONDED a MOTION to recommend Council adopt
the proposed resolution which recognizes the Eagle Creek Neighborhood Council,
supports its community building efforts, and confers all opportunities offered by
the City's Neighborhood Program. Motion PASSED 3-0.
9. Diminished Garage Alternatives
Gilbert referenced a PowerPoint presentation and stated that in 2007 the City Council took
action to avoid "cookie cutter housing". He stated that ECD staff worked with the City
Council to develop standards that add interest and promote quality to new single family
developments and to generally raise the standards visually. Gilbert stated that given the
majority of projects that were vested to the pre-2007 standards, most homes built since
then are not required to meet the new standards. However, over the last 18 months, staff
has had conversations with builders and developers about using the new standards.
Gilbert spoke about the diminished garage element of the code which requires that 50% of
homes in a new development include diminished garages to give neighborhoods a more
appealing look. Code lists four designs that builders could use to meet this requirement.
Gilbert elaborated on the 4 designs; alley loaded, garage behind the home, side-access
garage model, and 10 foot setback for the garage.
He mentioned that these designs weren't intended to be the only options for meeting the
diminished garage requirement and that there's a 51h option that says "or as otherwise
approved" where builders/developers can make a proposal regarding alternative designs.
Due to the lack of guidance and predictability, the majority of homes proposed utilize the
10 foot setback option or the side access garage option.
Gilbert stated that staff recently worked with a group of local builders and representatives
from the Master Builders Association to draft some guidance that can be used as an
administrative document under the current code authority to allow other alternative designs
to be approved. The guidance document offers nine options that staff would like to see on a
diminished garage alternative design and would require that 3 of these be met. Gilbert
described some of the elements of the guidance document and stated that these options
allow for some predictability as well as flexibility. Gilbert proposes to publish these designs
as they're being approved so that they will be available for developers to use as an
interpretive example of what the City will accept.
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Gilbert stated that staff will start reviewing permits under this guidance and will report back
to the Committee at a later time.
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10. Land Use Plan and Zoning Districts Man and Text Amendments
Anderson referenced page 547 of the Agenda Packet and asked that #35 of the exhibits list
be eliminated as it pertains to the other piece of the Comprehensive Plan Update (CPU)
rather than the map amendments. She asked that exhibits #30-34 and 36 which were
submitted after the last LUPB hearing be entered into the record along with the additional 5
exhibits mentioned earlier as a change to the Agenda.
Higgins MOVED and eerrios SECONDED a MOTION to enter the documents into the
public record as Charlene Anderson specified. Motion PASSED 3-0.
Anderson referenced a PowerPoint presentation and stated that the comprehensive plan
amendments are part of a required 8-year update of the Comprehensive Plan. The CPU
includes not only text amendments to the plan itself but also development regulations and
Zoning Districts Map and Land Use Plan map amendments. The entire CPU will be
presented at the next meeting in August which will possibly be a hearing.
Anderson stated that the map elements generally support mixed residential/commercial
and mixed industrial/commercial areas, with expansion of Industrial Park/Commercial and
General Commercial/Mixed Use areas. Also proposed is elimination of the Office and
Office/Mixed Use, Industrial Agricultural, and Gateway Commercial Zoning Districts.
The proposed text amendments include code clarifications, expansion of allowable
commercial in industrial areas through make in back/sell in front,' and addition of limited
commercial uses In the Mi-C district.
Anderson elaborated on the location and proposals for each of the Land Use Plan map
amendments within the ordinance starting on page 204 of the Agenda packet (maps A-N).
She then referenced a map on page 223 of the Agenda packet and advised that staff
recommended a proposal to add the Pine Tree Park property to the Land Use Plan Map
ordinance.
Anderson then elaborated on the location and proposals of each of the Zoning Districts
maps within the ordinance starting on page 235 of the Agenda packet (maps A-W). She
referenced a map on page 224 of the Agenda packet and advised that it also is a staff
recommended proposal to add the Rehabilitation Center property located west of
Washington Ave S and south of Kent Des Moines Rd to the Zoning Districts Map ordinance.
She mentioned an error on page 224 and stated that the map shown on the projector was
to replace it.
Chair Boyce allowed 3 minutes to hear comments from the Public.
David Devore, 12633 SE 2701" St, proposed for the developable acreage fronting on Kent
Kangley Rd to be zoned MR-H, High Density without the requirement of 25% commercial
and for the south portion to be MR-G, low density. He stated that the LUPB were ready to
vote to accept his proposal until advised that no action could be taken. The proposal was
tabled for future discussion which is referenced in a letter dated May 27, 2015 to the LUPB.
Devore spoke about the recommendation for CC-MU on the north side of the property
fronting Kent Kangley Rd and stated that there are 46 store fronts, 15 of which are vacant,
within a short distance for commercial use.
Richard McPherson, Devore's Real Estate Agent, stated that there are several small
businesses to the west and east of the Devore property and the zone CC-MU would bring
competition to those small businesses. Both Devore and McPherson recommended MR-H
for the area and conveyed the need for senior housing.
David Malik, 26220 116 Ave SE, spoke about the citywide impact from allowing the 24-hour
CVS property shown on page 236 of the Agenda packet. He believes the property will bring
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crime and cause traffic issues on Kent Kangley Rd. He conveyed the need for the area to be
zoned for office use to best benefit the citizens.
Russell Everly, 11624 SE Kent Kangley Rd, also spoke about the CVS property on page 236
of the Agenda packet. Everly supports the Planning recommendation for the zoning change.
He referenced page 710 of the Agenda packet and pointed out the driveway. He stated that
if the zoning change is approved, it gives him the opportunity to sell his property and move
as his home Is no more than 30-40 feet from Kent Kangley.
Attorney, Todd Wyatt, 20 6th Ave NE, Issaquah, WA 98027, stated that he represents Kent
residents Rick Leonard, Sarah Quinn, and Ahmad Asili, who all own adjoining properties to
the property known as Docket 4; DKT-2014-4 (reference page 204 and 235). He expressed
that the gas station proposal is not necessary as it will not serve Kent residents and only
those commuting on I-5. He stated that the proposal is not in compliance with the
Comprehensive Plan nor does it meet the vision. He also stated that there are some
procedural issues as there's been no notification of the proposal giving the public the
opportunity to comment.
David Konen, 11704 Kent Kangley Rd and Penny Ackerson, 11700 Kent Kangley Rd, spoke
about the CVS pharmacy project (reference page 205 of the Agenda packet). Konen
conveyed that he supports the proposal to rezone his properties to CC-MU. Ackerson owns
the property north of Konen's lot and proposes that her property be zoned the same as
Konen's. They both propose to have their properties zoned to match as it will provide a
more attractive commercial development opportunity and will allow them to sell their family
properties together.
George Basmajian, 10510 226 Ave E, Buckley WA 98321, also supports the CVS pharmacy
project and staff recommendation for the CC-MU rezone. He spoke about the traffic issues
and stated that with the new LIDs and the widening of the road, the CC-MU rezone should
be approved.
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11. Sound Transit Update
Anderson stated that the Sound Transit Board (ST) has not yet made a decision but
anticipates to at their July 23, 2015 meeting. The public is able to provide further
comments.
Higgins addressed online comments regarding Highway 99 as it's not Kent's preferred
option and stressed that he would like Kent's preferred option to be adopted.
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12. ShoWare Update
Wolters stated that there are a total of 180 events scheduled at the ShoWare Center in
2015. In June alone, there were 26 events at the ShoWare Center which brought 62,000
people to downtown Kent. He stated that the City is being conservative with projections
and that the budget projection is under $500,000 In operating loss for 2015,
Higgins spoke about traffic concerns during the sellout of the Medium Psychic Show and
suggested that the City better address traffic issues in the future. Wolters stated that an
after-hours evaluation for traffic is done after every event.
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Adiournment
Chair Boyce adjourned the meeting at 7:25 p.m.
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