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HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 10/27/2008 (5) LAND USE & PLANNING BOARD MINUTES OCTOBER 27, 2008 BOARD MEMBERS PRESENT: Chair Jon Johnson, Vice-Chair Dana Ralph, Steve Dowell, Alan Gray, Aleanna Kondelis, Jack Ottini, Barbara Phillips STAFF MEMBERS PRESENT: Charlene Anderson, Matt Gilbert, Sharon Clamp, Lydia Moorehead, Pamela Mottram Approval of Minutes Ottini MOVED and Gray SECONDED a Motion to APPROVE the Minutes of September 22, 2008. Motion PASSED 7-0. Added Items, Communications, Notice of Upcoming Meetings None #SCA-2007-1 Short Plat Expirations-Subdivision Code Amendment Planner Sharon Clamp stated that staff discussed a proposal to extend the expiration period for preliminary short plat approvals at the October 13t" Land Use and Planning Board (LUPB) workshop. Clamp stated that Kent City Code allows an applicant one year for completion and recording of final short plat approvals, with an additional one year extension as needed. Clamp stated that staff has found that in the majority of cases, two years are sufficient to submit and obtain approval of Civil Construction Permits (CCP) while coordinating with outside agencies such as other water and sewer districts; and Puget Sound Energy. Clamp stated once CCP approval has been granted, the applicant must complete site improvements, complete the final short plat application and submit it for review and approval. Clamp stated that staff has concluded that the average timeline for these processes is fourteen months. Clamp stated that applicants are indicating to staff that their financing and bonding requirements present huge time constraints due to the current economic climate. Clamp stated that State law requires cities and counties to adopt their own regulations and procedures regarding short plats. Other jurisdictions' timelines run from two to five years. Kent staff proposes a three-year timeline with no extensions; each application would then not have to be evaluated on an individual basis in order to obtain an extension. Clamp stated that based on Law's advisement the following scenarios could be considered. 1) Retroactively extend the application timelines for those applications with valid preliminary approval, which have not reached their expiration date. Clamp stated that the ordinance shall be clearly written as to intent. As long as a substantive or vested right is not impacted, Council can adopt that option. A short Land Use and Planning Board 1 of 5 Minutes October 27, 2008 plat is vested at the time a complete application is accepted by the City. To extend the timeline to finalize and record the short plat would not impact that vested right. Clamp stated that the second issue deals with those applications that have recently expired because of the applicant's inability to obtain bonds and financing due to the current economic climate. In order to reinstate those expired applications, Law has advised staff that an ordinance would need to be written that includes specific criteria such as; "the applicant has received construction permit approval, his final plat permit has been submitted, reviewed and approved by the city, fees have been paid". Staff found that this was the case with some applications, whereby, after having gone through the processes, recording did not occur due to the current bonding issues. Referring to the staff report, Clamp stated that the first option (A) for consideration would extend the timeline to three years and would be implemented from the effective date of the ordinance. Clamp stated that everyone who received preliminary short plat approval on or after that date would have three years to record. Clamp stated that the second option (B) would extend the timeline to three years in addition to retroactively granting that extension to those that still have valid preliminary approvals. The third option (C) would consist of Option 1 and 2 plus the development of specific criteria for reinstating some of the expired applications. Clamp stated that staff recommends Option A as it is concise with a clear transition from the old to the new rule. Kondelis recused herself from further discussion due to conflict of interest. Clamp submitted comments received from Paul Morrow with DMP Inc. for the record, documented as Exhibit 1, indicating support for extending short plat timelines. Assistant City Attorney Kim Adams Pratt stated that Council may adopt a retroactive ordinance. However, staff would have to clearly indicate why this is being done and the type of applications staff is trying to affect after the fact. Pratt stated that though unusual, an application could be reinstated. An ordinance would need to be drafted, whereby the language clearly states why extraordinary measures needed to be taken to reinstate an application. Pratt stated that you have two competing interests; the rights of the developers who applied and vested, then found themselves unable to finish in two years. Then you have some short plats (for example) that have vested to old residential standards and if reinstated would have to vest to the new standards. Clamp stated that approximately 13 applications have expired since January 1, 2008, with three of those due to bonding issues. Land Use and Planning Board 2 of 5 Minutes October 27, 2008 Chair Johnson opened the Public Hearing. Tom Sharp, Post Office Box 918, Maple Valley, 98038 stated that this is an opportunity to consider a standardized timeline for both short and long plats. He stated that the same ordinances would apply to both short or long plats and feels that an expiration time period of 60 months is appropriate. Sharp stated that Option A or C would be acceptable to him with some wordsmithing. Jason Cole, 850 Orbitz Road, Auburn, WA 98092 stated that people are finding that without the bond process in play, that time will run out before all the improvements can be completed. The entire process is difficult to accomplish within a two-year time frame. He stated that his plat expired after having completed the process due to bonding issues. Cole stated that the city needs to extend the timelines which will benefit the city and developers that are in play. He urged the city to consider retroactivity as a viable option as well. Garrett Huffman, 3351 1161h Avenue SE, Bellevue, WA 98004 stated that he represents the Master Builders Association (MBA) who prefers Option C as it best captures all the issues that need to be addressed. He stated that it is likely a bank would be more receptive to extending loans, if the city were to provide more flexibility by extending the timelines and by considering retroactivity. Huffman stated that he doesn't see the market picking up until 2010, estimating that between 25 to 50 percent of the builders and developers will be gone before the market improves. Huffman stated that he would prefer a longer extension time period beyond the 3 years such as 48 to 60 months. However, he urged the Board to vote on Option C, so as to capture all the projects rather than just the "3" projects expired due to bonding issues. He stated that the MBA will appreciate whatever the city can do to help them. Gary Gill, Project Manager, DMP Engineering, 726 Auburn Way N, Auburn, WA 98002 stated that several of their clients' projects have expired within the last several months with several due to expire early next year. All these projects have been faced with the inability to acquire bonding. Gill stated that many of these projects are by small individual property owners who have poured much of their life savings into these projects and are devastated by the fact now that everything is going to collapse and they will lose all that investment that they put into the projects over the last several years. Gill stated that project development is more complicated today, as many of them involve permits from the Department of Ecology or the Corp of Engineers, the need to coordinate with adjacent property owners for easements, mitigating wetlands, and sensitive areas. Gill stated that DMP favors Option 3. Land Use and Planning Board 3 of 5 Minutes October 27, 2008 Gill concurred with Mr. Sharp in that there should not be any differentiation between short and long plats time expiration timelines. Gill stated that an extension period of 48 or 60 months would be preferred. Gill stated that the city should develop some reasonable criteria for those cases that met all the City's requirements with the exception of the final financing package, to allow them to be retroactive. Gill opined that the 150% bonding requirement should be reduced to 100% given the current financial situation and difficulty in obtaining bonds. He stated that a 100% bond should be adequate to protect the public and the city, and to ensure that the conditions of approval are completed. Hans Korve, DMP Engineering, 726 Auburn Way N, Auburn, WA stated that part of the city's responsibility, aside from public safety, is protection of businesses; paying taxes, and keeping local businesses alive such as DMP. Korve stated that DMP is faced with projects where people were pulling equity from their homes, and then the banks froze the equity in their properties. Korve asked the Board to consider Option 3, to include retroactivity with strict controls. He stated that he agrees with the City Attorney that limitations need to be in place. Seeing no further speakers, Ralph MOVED and Gray SECONDED a Motion to Close the Public Hearing. Motion Carried 7-0. After deliberations, the Board members concurred on extending the expiration time periods. They asked that this item be tabled and brought back to the LUPB at another workshop. Dowell requested staff to obtain further information concerning correct wording for the exceptions; bonding, finance, and what Legal would consider as good reasoning. The Board asked that staff provide them with information concerning retroactivity, renewal of expired applications, applying the same expiration extensions for both short and long plats, implementing a longer expiration extension from 36 to 60 months, and where the rationale originated from for the 150% bonding requirements. Planning Manager Charlene Anderson stated that the Washington Administrative Code (WAC), has a provision for expiration of long plats (10 plats or greater) but not for short plats. The long plats expire after five years and can be granted a one- year extension as well. Ottini MOVED and Gray SECONDED a Motion to accept the comment letter from Paul Morrow with DMP and submitted by Sharon Clamp for the record. Motion Carried 7-0. Land Use and Planning Board 4 of 5 Minutes October 27, 2008 Anderson stated that the bonding issue might be more appropriate to discuss during the General Subdivision Code Update. Dowell MOVED and Ralph SECONDED a Motion to Table this item and bring it back for discussion to workshop in November. Motion Carried 7-0. Adjournment Ralph MOVED and Gray SECONDED a Motion to Adjourn the Meeting. Motion CARRIED 7-0. Johnson adjourned the meeting at 8:00 p.m. Charlene Anderson, AICP, Planning Manager Secretary of the Board S:\Permit\Plan\LUPB\2008\MINUTES\102708_LUPB_Min.doc Land Use and Planning Board 5 of 5 Minutes October 27, 2008