HomeMy WebLinkAboutCity Council Committees - Economic and Community Development Committee - 01/11/2016 (3) i
KEN`1`
7la:5ll a-Gt�h kEHS
ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE
MINUTES
JAN UARY 11, 2016
Committee Members Committee Chair Bill Boyce, Dana Ralph and Tina Budell
I. Call to Order
Chair Boyce called the meeting to order at 5:00 pm.
2. Roll Call
3. Changes to the Agenda
Item 9 before 8
4. Approval of Minutes
Committee Member Ralph Moved and Committee Chair Boyce Seconded a
Motion to Approve the Minutes of November 9, 2015. Motion PASSED 2-0.
S. Park and Open Space Plan Emergency Resolution
Long Range Planning Manager Charlene Anderson described incorporation of a Park
and Open Space updated plan into the comprehensive plan outside of the annual
cycle in order to allow future grant applications. The grant cycle occurs before June
of 2016.
In response to Committee Member Ralph, Anderson stated the city has allowed
these actions in the past for the purpose of general health and welfare for the city.
Committee Member Ralph Moved and Committee Chair Boyce seconded the
Motion to approve a resolution that declares an emergency to pursue an
amendment to the Kent Comprehensive Plan to incorporate the Park Plan.
Motion PASSED 2-0.
6. Code Enforcement Abatement Liens Ordinance
Current Planning Manager Matt Gilbert joined by Victoria Robin, assistant city
attorney relayed information. that the new ordinance basically mimics the adopted
Uniform Code for Abatement of Dangerous Buildings except in regards to added due
process for when the city can abate a dangerous building or site and the
mechanism for the City to recoup abatement costs. Gilbert went on to give
examples of what makes a building dangerous, such as structural damage to
interior and exterior walls and also mold or ventilation problems that may cause
disease. He explained that the proposed ordinance would depart slightly from the
current code in that it adds site conditions to the scope of what may be deemed
dangerous. For instance, junk, debris, or open pits on a site, may be addressed
under this ordinance. . The ordinance specifically allows the city to take action when
a building or site has been deemed dangerous and when an owner cannot or will
not address a dangerous problem.
Gilbert stated that the normal code enforcement process, which works well in most
situations, the City takes a non-punitive, compliance-oriented and voluntary
approach to code enforcement. This process begins with a letter informing an
owner that their building or site is out of compliance, followed by time for
compliance and stronger worded letters as necessary. Finally, assessment of fines
and in rare cases, criminal citations is used to encourage compliance. This process
is more geared towards violations that cause annoyance rather than danger, so
there is a definite need for another category to deal with more serious violations.
This is what the new ordinance provides. This ordinance allows the city's cost of
abatement to be assessed as part of the following year's property taxes. If the
assessment is unpaid it will constitute a lien against the property, hence the name
abatement lien ordinance.
In response to Committee Chair Boyce, Gilbert stated the ordinance has specific
criteria for determining when a site or building is dangerous. These criteria would
be used by code enforcement or building inspectors who would to make the
determination of whether the building would be covered by this ordinance. Gilbert
went on to explain that after determination is made that the building is dangerous,
the cost would begin accruing at that point. Chair Boyce questioned the line item
scratched out on page 3 of the ordinance; Gilbert states letter G is repealing the
Uniform Code for Abatement of Dangerous Buildings because the two are
redundant.
Committee member Ralph asked for clarification of KCC 14-02.080 where the
ordinance defines dangerous elements. Ralph asked if mold qualifies as dangerous
because it can cause disease. In response, Gilbert stated that is does qualify and
clarified abatement, which not always mean to tear a structure down. If the
problem is fixable, the ordinance allows for assessment of and appropriate action.
Gilbert stated that this ordinance will strengthen the city's code enforcement
process because it will helps to cut through the bureaucracy of the banks and get
the attention of an owner who may be dodging the problem. The city's ability to act
and recoup costs will encourage will encourage owners to take care of problems
themselves.
Committee Member Ralph recommended that council adopt an ordinance
amending the Kent City code to repeal the cities adoption of the uniform
code for the abatement of dangerous buildings by amending section
14.01.010 and repealing section 14.01.080 to adopt a new chapter 14.02
entitled unfit dwelling, buildings and structures to create an additional
enforcement tool for code violations involving unfit dwellings, buildings
and structures and amending sections 14.08.040, 14.08.060 and 14.08.200
to reference the new adopted chapter 14.02. MOTION PASSED 2-0.
7. Extension of Plat Expirations
Current Planning Manager Matt Gilbert informed the committee that he will be
taking this issue to the Land use and Planning Board. There is interest in making
minor changes to the time the city extends to preliminary long subdivisions. The
preliminary subdivision is approved by the hearing examiner and indicates that a
proposed plat is feasible under the city's codes and lists conditions of approval.
After that approval, the applicant's next step is to obtain permits to construct the
ECDC Minutes
January 11,2016
Page 2 of 6
required roads, utilities, etc. Prior to the recession, plats had about 5 years to
complete the required work, which was typically plenty of time.; However, after the
recession available credit dried up and plat owners struggled to complete the
required work within the 5 year validity period. . In response to the collapse of the
housing market, he City Council and the state legislature extended the plat validity
period. Based on the extended validity timelines, plats approved in 2008 are
scheduled to expire in 2016 and the city has received interested in adjusting this
time frame, to allow those plats more time. There are 5 plats and 100 lots within
those plats that will expire in 2016. Gilbert stated it is feasible to take the state's
schedule for plat expiration and extend it a little bit for these projects, which is
allowed under state law and could be adopted in the city's subdivision code.
In response to Committee chair Boyce, Gilbert stated he does not believe all 5 plats
will be in need and some of the projects will not be moving forward at all. However,
as the housing market recovers, some of the projects become feasible again and
this allows them more time to get the project completed before expiring.
In response to Committee member Ralph, Gilbert stated it would be up to the
council to determine if qualifying criteria would be attached to any extensions, or
alternatively, across the board action is appropriate. Gilbert went on to explain that
the legislature says if a project was approved prior to December 31, 2007 then it
would be valid for10 years. If approved between January 1, 2008 and December
31, 2014 there's a different number, so these are just dates that the state has set
up, but the city has the right to extend beyond these dates.
In response to Committee member Ralph, Gilbert stated that if there is a plat
extension and the plat is allowed to record, the development standards in effect at
the time the plat was filed would apply. David Galazin, Assistant City Attorney,
indicated that the city could set up an extension in a number of different ways.
Possible options might include an automatic extension where nothing needs done
by applicant; or the city could require the applicant to request an extension to be
granted without any additional approval needed; or the city could require an
applicant to request an extension and provide some kind of evidence that they are
proceeding with the project. Future development within these plats would be
whatever was proposed in the preliminary plat approval. In response to concerns of
Committee member Ralph, Assistant City Attorney Galazin explained that there are
some development regulations to which future homes within valid preliminary plats
are vested and other codes such as fire code, building code and health and safety
codes which they would not be vested.
Assistant City Attorney Galazin and Planning Manager Gilbert advised the board
that they will be able to bring back more options and more information at a later
time and will start at the LUPB board.
S. Mill Creek Historic District Design Guidelines
Charlene Anderson, Long Range Planning Manager sought guidance regarding Mill
Creek Historic District Design Guidelines. The city adopted a landmark designation
code and an interlocal agreement with King County to administer that ordinance.
King County and the Landmarks Commission issue Certificates of Appropriateness
for changes to buildings or properties in the Historic District. The interlocal
agreement with King County provides for reimbursing King County for their work on
ECDC Minutes
January 11,2016
Page 3 of 6
the City's behalf. Previous work pertained to city-owned properties but the Mill
Creek Historic District is comprised mainly of private properties. Anderson asked
whether the design guidelines should be codified and staff administer them even
when a permit is not required. Furthermore, should the city pass those costs on to
the property owner, establish a budget for them or absorb the cost.
In response to Chair Boyce, Anderson stated that typically City costs are paid by
the developer or homeowner, as directed by the City Council. Committee Member
Budell stated the cost of $145 per Certificate of Appropriateness does not seem
unreasonable. Committee Member Ralph clarified this is more about private
property owners than developers. ECD Director Ben Wolters stated we have
reached a point where there are challenges for the city to assist the community in
implementing the historic preservation program. Challenges going forward are the
design requirements that don't require a city permit and tracking specific permits
that apply only to certain areas under certain conditions.
In Response to Committee Member Ralph, Anderson stated staff has heard from the
community that it is a benefit to the City to have this historic district and that it is
the right thing for the City to do to absorb that cost. However, it does require staff
knowledge of the design guidelines and resolution of issues that have arisen around
this.
Michael Johnson from the Mill Creek Historic District states he is writing the design
guidelines for the District. His opinion as a homeowner is that the COA cost should
be absorbed by the City and he would like the Committee to take it into
consideration.
Committee Member Ralph asked if the neighborhood grant program could absorb
the cost. Mill Creek could then apply to have money for the process.
Chair Boyce asked staff to develop options and return to the Committee.
9. Sound Transit Update
Charlene Anderson, Long Range Planning Manager, stated the State legislature
recently granted Sound Transit additional taxing authority so Sound Transit is
evaluating candidate projects for their next regional transit package.
Chelsea Levy, Sound Transit Government Relations Officer, explained to the
Committee that Sound Transit's district is made up of 52 jurisdictions and over 3
million people, about 40% of the State's population who are all looking to have
capital and service improvements out of ST3. In 2014, Sound Transit carried 32
million riders and projects an increase of 101 million riders by the year 2025. 2016
is a big year for Sound Transit because it is opening light rail between UW and
Downtown Seattle in a few months; and in the south end, by the end of the year, it
will be open light rail to S 200t", the Angle Lake station. In 2021, it will open light
rail to Northgate. 2023 is the end of the ST2 capital program; by then, Sound
Transit will have light rail to Bellevue, Lynnwood and the Kent-Des Moines Highline
College area. The Puget Sound Regional Council expects an increase in population
of 100 million by the year 2040. This is the heart of ST3.
ECDC Minutes
January 11,2016
Page 4 of 6
The Sound Transit Long Range Plan was updated in 2014; in January, 2015, Sound
Transit began to seek revenue authority from the legislature and was successful in
doing so. Sound Transit is currently working on systems planning and wants ST3 on
the ballot for November, 2016. ST3 pulls projects from the long range plan and
puts them into a financially-constrained package that will be put before the voters.
Breaking news is that the Kent Station access improvements project, which was set
back due to the recession, is awaiting a decision from the Sound Transit Board this
month to move forward under ST2 funding rather than await ST3 voting. (Update:
The Board approved this action on January 28tn )
Eric Chipps mentioned several candidate projects in ST3 that are of interest for the
Kent area; light rail, Kent/Des Moines to Redondo/Star Lake (272nd), expanding
Sounder South Train Platform to 8 cars to increase capacity, additional south
Sounder platform extensions and additional south Sounder services. In order to add
capacity, Sound Transit continues to work with Burlington Northern, who owns the
tracks. Adding capacity could essentially mean an additional track going through
the Kent Station area in the future.
In response to Committee Member Ralph, Levy stated jurisdictions individually must
initiate requests to be added to the Sound Transit District.
Committee Member Budell requested Sound Transit's thoughts on mirroring SR 405
to go through Tukwilla and Renton instead of just I-90. Chipps explained how some
of the ST2 expansion will cover that along with an additional project which will
traverse the SR 405 corridor.
ECD Director Ben Wolters stated these projects will support the future growth and
quality of life in Kent.
Adjournment
Chair Boyce adjourned the meeting at 6:06
Julie Vulcm, Admin Assistant,
Econ & Community Development Committee
JP:aw\P;\P/arming\ECDC\2016\Minutes\1-11-16 Min.docx
ECDC Minutes
January 11,2016
Page 5 of 6