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HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 11/24/2008 LAND USE & PLANNING BOARD MINUTES NOVEMBER 24, 2008 BOARD MEMBERS PRESENT/ABSENT: Chair Jon Johnson, Vice Chair Dana Ralph Absent/Excused, Barbara Phillips Absent/Excused, Steve Dowell, Alan Gray, Aleanna Kondelis Absent/Excused, Jack Ottini STAFF MEMBERS PRESENT: Charlene Anderson, Matt Gilbert, Sharon Clamp, Mike Gillespie, Molly Bartlemay APPROVAL OF MINUTES: Gray MOVED and Dowell SECONDED a motion to APPROVE the Minutes of October 27, 2008. Motion PASSED 4-0. Added Items, Communication, Notice of Upcoming Meetings Planning Manager Charlene Anderson stated that Kent City Council had approved Cottage Housing with a few revisions from the recommendation of the Land Use and Planning Board. These revisions include the density bonus being decreased from two times down to one and a half times, a requirement for a community meeting, an increase in size of carriage units from 800 to 968 square feet and a provision to allow detention vaults. The committee to review cottage housing was also increased by two people. Anderson stated that no LUPB meetings are currently scheduled in December. SCA-2007-1 Subdivision Code Amendment (Phase I) Planner Sharon Clamp stated that staff is proposing to extend the expiration period for short plats. This was originally brought up at the October 13, 2008 workshop. Clamp stated that the current code allows for one year with an additional one year extension from time of preliminary approval to recordation. Clamp stated the two year time frame can be hard to meet with applicants coordinating all the tasks required to obtain short plat recordation. As a side note, Clamp stated that there was a previous proposal to eliminate the option to bond. This proposal has been withdrawn. Clamp gave statistics on the average recording time for short plats and subdivisions in 2007 and 2008. This information showed a trend in short plats taking longer to record. Clamp stated that staff feels that adding one year to the current two years would be a fair option. Clamp pointed out that small developers are working with fewer resources than larger builders. Clamp stated that in April of 2007 there were changes in the code including setbacks, architectural design, and tree plans. Land Use and Planning Board Minutes November 24, 2008 Page 1 of 4 Clamp stated of the three options proposed for extending short plat expiration times, staff recommends option B with 3 years. SCA-2007-1 Subdivision Code Amendment (Phase II) Clamp stated that staff is proposing to make changes to the current subdivision code. This update would be an administrative clean up in an effort to reduce redundancy. This includes consolidating the three different types of subdivisions into one section. In addition, the proposal considers consistency with state code. Instead of listing out various construction standards, the proposal references other relevant Kent City Code and ordinances. This would ensure that even if codes changed the Subdivision Code would stay current. In addition, staff proposes simplifying requirements for final plats. Chair Johnson opened the Public Hearing Colin Thorpe, 12226 SE 178th St. Renton, WA 98058 stated that he was here regarding the Devlin Short Plat which is due to expire in three weeks. The plat went through the preliminary process and is now stalled due to a neighbor not completing their subdivision. He stated that he was unaware that the neighboring property would have five years to record vs. his one year. He felt that fundamentally it is not fair to only let the short plats that have completed mylars fall under any new extension that is provided. Lee Rousso, 901 S 3rd St., Renton, WA 98057 stated that he was here to back up Mr. Thorpe on the Devlin short plat. He stated it would be tragic to make this family go back to step one because the process was slowed down by an adjoining property. Jason Cole, 850 Oravatz Rd. SE stated that he would like clarification on Clamp's statistics in regards to which plats used bonding, and what plats were constructed and finished at the time of recordation. Cole stated that bonding is currently hard to get. Hans Korve, 726 Auburn Way North, Auburn, WA stated that many short plats use bonding and then sell lots to a builder. Korve stated that he supports Option C. Seeing no further speakers, Ottini MOVED and Dowell SECONDED to close the public hearing. Motion carried 4-0. Clamp stated that she did not have the information requested by Hans Korve. Clamp clarified that of the 36 plats recorded in 2007 and 2008, the longest period for a plat to record was 40 months, five took between 30 and 40 months and the remainder took less than 30 months. Clamp stated that staff had been considering changing the Subdivision Code to allow a longer time for a short plat to record, and the economic crisis further Land Use and Planning Board Minutes November 24, 2008 Page 2 of 4 emphasized the importance of looking at the time frame. Sharon stated that she has spoken with Law about Options B & C and was advised by Assistant City Attorney Kim Adams Pratt that Council can pass a retroactive ordinance. This must have very clear and specific criteria. Current economic conditions could warrant such an ordinance. Public Works Development Manager Mike Gillespie noted that very little typically needs to be changed to meet the new subdivision code in regards to a public works permit. Jack Ottini clarified that the Devlin Short Plat was due to expire in three weeks. Ottini pointed out that even if the Devlin Short Plat was extended, the adjacent property owner still may not follow through with his subdivision. Ottini stated that he likes Option B. Steve Dowell spoke in favor of option B with four years. Gray stated he liked option C with 4 years. Thorpe inquired again why mylars have to be ready to be granted an extension. Clamp clarified that the original intent was to simply extend the timeline for short plats. Clamp noted that recent economic issues and public concerns were reasons option C was developed. Dowell asked for clarification on the differences between Options B and C. Anderson clarified that under Option B, plats that are not yet expired would be given the benefit of the extra time. Under Option C specific criteria would be used to reinstate some of the expired applications. Anderson clarified that Mr. Thorpe's application would expire under Option B. Clamp stated that Option C, would not help Mr. Thorpe either. Clamp gave examples of other short plats that have expired for similar situations and noted that there is a variety of reasons a short plat can expire. Anderson suggested the Board consider why they would desire to reinstate expired permits and what criteria would be used to determine which ones were reinstated. She asked if the desire to reinstate s based merely on the economic situation or are there other reasons. Dowell stated his concerns with allowing special privileges. Thorpe noted that the adjacent property is still an active subdivision. Gillespie stated that there is no current activity on the adjoining property. The owner still has roughly two and a half years to complete the project. Gillespie noted that the owner could bond and delay the project an additional year. Ottini stated that even with additional time plats could still expire and wished the process was more cut and dry. Ottini stated to Thorpe that despite valid reasoning, Land Use and Planning Board Minutes November 24, 2008 Page 3 of 4 his situation does not fall under this territory; he gave an option to speak to City Council. Dowell MOVED and Ottini SECONDED a motion to adopt SCA-2007-1 Subdivision Code Amendment (Phase I) Option B with a four year extension. Motion carried 3- 1 with Gray opposed. Ottini MOVED and Dowell SECONDED a motion to adopt SCA-2007-1 Subdivision Code Amendment (Phases II) as presented by staff. Motion carried 4-0 ZCA-2008-1 Hazardous Substance Land Use Facilities Zoning Code Amendment Principal Planner, Matt Gilbert stated that staff recommends amending the current Hazardous Substance Code pertaining to accessory uses. Gilbert read the definition of accessory uses. Gilbert noted that a lot of products are considered hazardous. Currently a Conditional Use Permit is required for all hazardous uses that reach a specific quantity of material. This entails extensive meetings, notices, and mailings. Staff review is generally a duplicate of other codes and ordinances that are applicable. Logistically this adds approximately five months to the permit process. Gilbert stated that staff is proposing to allow permits to move forward without a Conditional Use Permit if the hazardous use is an accessory use. The proposal does not change the other code criteria regarding where such uses may be located. Seeing no public speakers, Ottini MOVED and Dowell SECONDED a motion to close the public hearing. Motion passed 4-0. Ottini MOVED and Dowell SECONDED a motion to adopt ZCA-2008-1 Hazardous Substance Land Use Facilities Zoning Code as presented by staff. Motion carried 4-0. ADJOURNMENT Ottini MOVED and Gray SECONDED a motion to adjourn the Meeting. Motion carried 4-0. Johnson adjourned the meeting at 8:35 p.m. Charlene Anderson, AICP, Planning Manager Secretary of the Board S:\Permit\Plan\LUPB\2008\MINUTES\112408_LUPB_Min.doc Land Use and Planning Board Minutes November 24, 2008 Page 4 of 4