HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 11/24/2008 (5) 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 This proposal has been withdrawn.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.
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Minutes
November 24, 2008
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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 178tt" 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
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November 24, 2008
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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,
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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
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Land Use and Planning Board
Minutes
November 24, 2008
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