HomeMy WebLinkAboutCity Council Committees - Economic and Community Development - 04/14/2014 (3) Economic & Community Development
T Committee Agenda
KEN
wAsHINGToN
Councilmembers: Dennis Higgins • Jim Berrios • Bill Boyce, Chair
AGENDA
April 14, 2014
5:00 P.M.
Item Description Action Speaker(s) Time Page
1. Approval of the March 10, 2014 Minutes YES Bill Boyce 5 min 1
2. Public Hearing: Multifamily Tax YES Fred Satterstrom 20 min 7
Exemption Ordinance
3. Par 3-Authorize Comprehensive YES Fred Satterstrom 20 min 15
Plan Amendment Process
4. Sound Transit Federal Way NO Charlene Anderson 15 min 23
Link Extension Update Sound Transit Staff
Informational Only
5. Code Enforcement Update NO Bob Hutchinson 15 min 25
Informational Only
6. Buildable Lands Report NO Charlene Anderson 15 min 33
Informational Only
7. Economic Development Plan/Phase II NO Ben Wolters 15 min 39
Update
8. Economic Development Update NO Ben Wolters 15 min 8
Informational Only
Unless otherwise noted, the Planning and Economic Development Committee meets the
2nd Monday of each month at 5:00 p.m. in Council Chambers East, Kent City Hall,
220 4th Avenue South, Kent, 98032-5895.
The public is invited to attend and all interested persons will have an opportunity to speak on
public hearing items. Any person wishing to submit oral or written comments on the proposed
amendments may do so at the hearing or prior to the hearing by email to Planning Director
Fred Satterstrom at: fatterstrom@kentwa.gov.
For information on the above item(s), the City of Kent's Website can be accessed at
http://kentwa.igm2.com/citizens/Default.aspx?DepartmentID=1025 on Friday, April 10, 2014
or contact Julie Pulliam, Pam Mottram or the respective project planner in the Planning Division
at (253) 856-5454 or as indicated on the agenda.
Any person requiring a disability accommodation should contact the City Clerk's Office at (253) 856-
5725 in advance. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-
833-6388.
1
KENT
ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE MINUTES
March 10, 2014
Committee Members Committee Chair Bill Boyce, Dennis Higgins, and Jim Berrios. Boyce
called the special meeting to order at 5:30 pm.
1. Approval of Minutes
Higgins Moved and Berrios Seconded a Motion to approve the Minutes of February
10, 2014. Motion PASSED 3-0.
2. Possible Par 3 Development-Entitlement Process
Economic & Community Development Director Ben Wolters stated that City Council
discussed pursuing a Request for Proposal (RFP) for private management of the golf
complex as one pathway to deal with the financial and operational challenges. Council
expressed interest in examining criteria to guide future development. Staff is prepared to
discuss regulatory and land use changes that would be necessary should there be a future
decision to sell the site and to ensure that it is the type of development Kent seeks. A
development contract tied to the sale of the property where both the regulatory and the
contract approach would be used would be one way to ensure that Kent has a development
that meets the communities' aspirations.
Wolters stated that it will take staff six months to prepare regulations and entitlements for
the types of development Council is interested in and that would generate the price for the
property that meets Kent's financial goals and expectations for preserving the golf complex
over the next 25 years. Having entitlements and regulations in place in advance of any
potential sale shortens the timeline of any future development.
Planning Director Fred Satterstrom stated that the Par 3 Golf Course is a challenging site.
The current comprehensive plan land use is designated Open Space and the zoning is
designated SR-1/Single Family Residential - which does not allow for commercial,
multifamily, mixed use or residential development in an intensive sort of urban setting as
envisioned by Council. Staff proposes changing the land use designation from Open Space
and Medium Density Multifamily to a Mixed-Use land use designation to allow for a variety
of development uses.
Satterstrom stated that redevelopment first requires comprehensive plan land use and
zoning designation amendments. To proceed outside the normal comprehensive plan cycle
requires a resolution authorized by Council and includes a public process with SEPA review,
60-day notification to the State of any proposed amendments, workshops and hearings
before the Land Use and Planning Board (LUPB), consideration of the LUPB
recommendation by the Economic and Community Development Committee (ECDC), then
on to City Council. Staff estimates a five to six month completion timeline.
Satterstrom stated while crafting the Downtown Subarea Action Plan (DSAP) and expanding
the downtown boundaries west of SR-167; staff rediscovered a Green River Corridor District
Code (GRCDC) requirement that applies to all lands within 1000 feet of the Green River and
affects portions of the downtown planning area within those 1000 feet. Although height
limits were increased to 65 feet within the 1000 foot area, they are not permitted and will
be addressed as a code amendment to effectuate that taller building envelope in the new
downtown plan. Wolters stated that the GRCDC is a vestige of how the city used to regulate
the riverside environment. This regulation became moot when Kent passed the Critical
Areas Ordinance. Wolters addressed questions concerning replacement of the bridge on the
Par 3 site were it developed. Staff will return to Committee in April with a comp plan
amendment resolution to pursue this outside of the normal calendar cycle.
Informational Only
ECDC Minutes
March 10,2014
Page 1 of
2
3. Multifamily Tax Exemption (MFTE) Extension
Satterstrom stated that Kent's Multifamily Tax Exemption (MFTE) Ordinance is basically an
eight year property tax exemption for multifamily market rate rental housing and applies to
multifamily units being built in the residentially targeted area of downtown. The local
portion of the property taxes that apply to the improvement value of the residences
themselves may be exempted for a period of 8 years. Kent has had a MFTE in downtown
since 1998. Council passed an ordinance in 2009 extending the MFTE from condominiums
to multifamily rentals for developments with a minimum of 30 units. The ordinance had a
five-year sunset clause due to expire in June 2014. Staff recommends extending the
exemption for five years which would also address one of the DSAP actions to expand
residential development incentives.
Satterstrom stated that the recently adopted DSAP extended the MFTE area to the west
side of 167 and allowed Mixed-Use in that area. Council would have the option of including
that area. He stated that based on recent Planned Action Ordinance (PAO) action in North
Park; the MFTE would incentivize development in the MRT-16 area. Satterstrom addressed
parking requirements, stating that existing ordinance requires that all residential parking be
structured. Staff is evaluating requirements to determine whether or not there should be
some flexibility built into what required parking should be.
Wolters stated that the theory behind the tax exemption is to incentivize the type of transit
oriented development that we are seeking in downtown. Factors in the marketplace that
have put pressure on future developments include a 25 percent increase in construction
costs throughout the region which the tax exemption would help defray. The tax exemption
is a tool that other jurisdictions have used with some success.
The Committee spoke in favor of a five year tax exemption extension, not expanding the
exemption to encompass the whole DSAP area and maintaining the structural parking
requirements. Satterstrom stated that this would be an action item brought before the
Committee in April.
Informational Only
4. ShoWare SMG Contract
Wolters stated that staff took this item to the Operations Committee to seek direction on
how to proceed with the management contract for ShoWare. The five year agreement and
contract with SMG expires at years end. Staff recommends negotiating a new contract with
SMG while preserving the option should we not reach terms acceptable to the city, to
entertain submitting a Request for Proposal (RFP) the second half of this year.
Wolters stated that as contract administrator he recommends that the City rebuild on what
SMG has done over the last five years and on the momentum they developed in the market
place for our building and see if Kent can reach similar favorable terms as was negotiated
at the time of the two year extension; where the City received a 48 percent reduction in
management fees and an extension of a no-interest capital equipment loan. The Operations
Committee was in agreement with staff's recommendation.
Wolters questioned if the Committee would consider a term longer than five years that
would tie into a significant capital investment by SMG back into the ShoWare Center.
Wolters stated that he will explore a variety of contractual structures with the end goal to
obtain an agreement that would be most favorable for the future of the building. As
negotiations move forward, the Committee and Mayor will be kept informed.
Informational Only
S. Downtown Design Guidelines (DDG) Update
Planner Gloria Gould-Wessen stated that the update of the DDG fits with the Council's
strategic goal of beautifying Kent and is part of the DSAP passed in December. One of the
DSAP's actions items within the Urban Design Section applied appropriate downtown design
guidelines and updated development standards to downtown consistent with the vision.
ECDC Minutes
March 10,2014
Page 2 of
3
Gould-Wessen directed the audience to the 'venturedowntownkent.org' website for further
information.
The DDG was established in 1992, supports the downtown plan established in 1989, and
was updated in September 2000. The current version of the DDG incorporates multifamily
and mixed use design review. The reformatted guidelines have been updated for clarity,
brevity and consistency.
Staff expanded the boundaries of the downtown urban center west of SR-167, further north
of James along Central Avenue. Those areas are included in the design guidelines to ensure
pedestrian friendliness, good quality new construction and beautiful designs in the future.
Gould-Wessen described key elements of the DDGs which included: site planning,
landscaping, site design, and building design. Part of building design is considering historic
buildings, making sure that special details are brought forward so that new construction is
compatible with the city's historic buildings. A series of workshops and hearings will be
held before the LUPB in April or May. Staff anticipates bringing this item back to Committee
by July than onto the Council for adoption.
Informational Only
6. Sound Transit Federal Way Link Light Rail Extension Planning
Planning Manager Charlene Anderson stated that this discussion would be a continuation
from the last meeting where staff spoke about five guiding principles and nine best
practices described in Bellevue's light rail best practices report. Sound Transit (ST) is
currently working to complete the Draft Environmental Impact Statement scheduled to be
issued later this year. Staff has been scheduling meetings with Bellevue and Tukwila in
order to gain more knowledge about their experience in light rail projects. Additionally,
Kent staff is included in an interagency working group with ST, several other agencies and
jurisdictions to comment on process and materials being generated for the South Corridor
light rail extension project. The last interagency working group meeting was held February
241h and reviewed ST's public outreach schedule and discussed their transit-oriented
development (TOD) scope of work. Sound Transit has an internal TOD division, and it is
important that Kent ensures the work we have done in the Midway area related to TOD is
supported in Sound Transit's light rail project.
Anderson described the action strategies included with Bellevue's nine best practices and
spoke about the code and comp plan amendments generated by both Bellevue and SeaTac.
Anderson spoke about the importance of the light rail system stations becoming valued
community places. She stated that Kent would likely want to execute a development
agreement with ST similar to what Bellevue and SeaTac have done to solidify Kent's
expectations, ST's expectations, and the obligations of both parties. She spoke about
maintaining a collaborative relationship with ST and the importance of public involvement.
She spoke about how the multimodal transportation systems and connections must be
clearly marked and how the stations must be well integrated with street connections in the
Midway area.
Anderson spoke to issues related to construction and operation and the need for mitigating
impacts related to noise, vibration, train headlights and shadowing. SeaTac was able to
procure two civil engineers and a permit coordinator from ST to review plans. Staff or
Sound Transit will continue to brief the committee on concerns and questions related to
light rail impacts. The impetus behind these updates is to prepare staff and council to be
able to respond to the Draft EIS when it is issued later this year. Furthermore, ST has
offered City Council members a tour of the rail line and construction site underway at South
2001h Street - the Angle Lake station. Anderson directed the Committee to contact
Satwinder Kaur or herself to arrange a tour.
Informational Only
ECDC Minutes
March 10,2014
Page 3 of
4
7. Branding/Marketing Kent
Wolters stated that a branding and marketing consultant Arnette Muldrow and Associates
led a three-day exercise, held five focus group meetings, leading to the development of a
brand statement and tag line. The work was conducted under the auspices of the Lodging
Tax Advisory Committee (LTAC) who has moved towards a new strategy with a focus on
promoting Kent, as opposed to just being part of the South County marketing efforts lead
primarily by Seattle South Side. There is a desire to market Kent's identity positively and
proactively for travel, tourism and economic development purposes. Kent Downtown
Partnership and Kent Chamber of Commerce have participated in this effort.
Next steps include licensing and trademarking to protect the logo and tagline that begins at
the time of use. Staff is exploring options for using the logo and tagline constructively; such
as starting a website or designing city letterhead, than using those tools as promotional
opportunities. The City retained the Curran Law Group to guide the City through the
trademark process. This item will go before City Council at their March 181h workshop to
further determine what Council is seeking.
Staff established a contract with the Genesis Marketing Group (GMG), directed by the LTAC,
to develop steps for implementing a broader marketing and branding campaign for the
purposes of tourism, travel and business development. The GMG begun preliminary work to
identify and purchase potential website names to serve as a basis for any kind of marketing
and branding campaign. The Mayor asked staff to ensure that the logo shape and design
doesn't hold negative connotations for other cultures due to the variety of ethnic
communities in Kent. Anyone is welcome to go to Kent's website which will direct them to
a video of the presentation given by Arnette Muldrow, which captures how their group came
to embody the positive attributes and direction that Kent wants to go.
Informational Only
S. Platting Activity Status
Wolters stated that Kent went through a disruptive time with national recessions causing a
housing market collapse but Kent is now seeing the results of resurgence in development.
The Residential Design Guidelines (RDG) adopted in 2007 may be updated in the near
future. Staff applied those guidelines for the first time this year as all prior development
were for plats grandfathered under the old standards.
Principal Planner Matt Gilbert stated that single family residential development does not
represent the majority of development projects within Kent but are the most time
intensive, using over fifty percent of staff time. Staff works closely with land owners,
engineers and land developers in the early stages of their development. Other staff works
with homebuilders from the permitting to the building of the home. Staff utilizes code that
is predominately applied statewide. When analyzing land use applications, staff applies Kent
specific codes related to street standards, wetland standards, and zoning.
Engineers conduct cost analysis with developers on every nine lot short plat project.
Owners and developers may invest from $600,000 to $700,000 dollars to develop their
property, leading to detailed questions of the staff before committing their money. Staff will
discuss conditions of approval, how to address existing conditions, how to tie streets and
utilities together, and how to ensure that neighboring communities are not impacted by
new development. Staff passes their recommendations on to the hearing examiner or the
short plat committee for a list of requirements that go with any land development and
whether or not it should be approved.
Gilbert stated that the development pipeline captures the history of Plats and Short Plats.
Short plat approvals are good for four years and long plats for eleven years. The pipeline
informs staff of what is out there, what they are working on, and what they can expect to
work on later. From a real estate perspective, the pipeline gives staff an idea of the supply
of lots that are out there. Seventy-eight projects exist on East Hill. Forty-five of those
projects are active with twenty-four projects guided by new residential standards. Kent
received 167 permits in 2008, averaging 230 new home permits over the last twelve years,
ECDC Minutes
March 10,2014
Page 4 of
5
indicating a continued demand for housing in Kent and that the market is fairly consistent
in absorbing lots that are created.
Informational Only
9. Economic Development Report Update
Wolters stated that he participated in a business networking function at the Puget Sound
Business Park (PSBP) an older industrial park located northwest of 2121h and East Valley
Highway. The PSBP recently came under new ownership and is being renovated, a model
that Kent hopes to emulate where larger spaces are redeveloped into smaller more flexible
spaces responding to the market. Eleven businesses attended this function. Staff held
follow-up meetings with three businesses that plan to expand their businesses in Kent.
Staff used this function to promote the T-Birds; who gave away a suite as part of a drawing
which drew additional interest from two other parties for suites for the upcoming playoffs.
Staff toured the Platform development project with George Petrie the President and CEO of
Goodman Real Estate which is making good progress. The developer is looking at late
summer for their opening.
Staff has been involved for over a year in a process to recruit a major aerospace company
to Kent that would employ as many as 100 people. Wolters stated that he will be speaking
to this soon.
Wolters stated that he believes IDS, developer of the Boeing surplus properties, is close to
signing an agreement with a major tenant and he is hopeful that by next month staff will be
able to speak to this more broadly in the community.
Informational Only
Adiournment
Committee Member Boyce adjourned the meeting at 7:20 p.m.
Pamela Mottram, Secretary
Economic & Community Development Committee
P'VPlanningAECDCA2014\MinuNsV02-10 P'VPlanningAEMCA2014\MnuNsV03-10-14 Mn.dc 14 MKn.c x
ECDC Minutes
March 10,2014
Page 5 of
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7
ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred Satterstrom, AICP, Director
• Charlene Anderson, AICP, Manager
LOOOO
KENT
WnsnixcTlu Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
April 10, 2014
TO: Chair Bill Boyce and Economic & Community Development Committee
FROM: Fred N. Satterstrom, AICP, Planning Director
RE: Multifamily Tax Exemption Extension Ordinance
MOTION: To recommend to the full City Council approval of the proposed
ordinance to extend the multifamily tax exemption for qualifying projects
in the residential targeted area as depicted in Appendix 1 of the proposed
ordinance.
SUMMARY: Kent's multifamily tax exemption — established by Ordinance #3992 in
2009 - will sunset on June 30, 2014 if it is not extended. This ordinance allows for
an exemption from certain local property taxes for qualifying multifamily and/or
mixed use development in Kent's downtown area. It is considered to be an
incentive for development which is consistent with the vision for downtown.
Ordinance #3992 established an initial 5-year period of validity which will expire in
June 2014. While there have been no applications for exemption during this period,
staff feels the ordinance should be extended into the future to continue to provide
incentive for the type of development envisioned in the City's recently adopted
Downtown Subarea Action Plan (DSAP).
DISCUSSION: This issue was discussed at the ECDC Committee meeting in March.
Based on that discussion, the staff offers the attached proposed ordinance for
Council consideration. Two issues are of note: 1) the time period of extension, and
2) the amended boundary of the targeted residential area.
Time period of extension. Ordinance #3992 was valid for five years. The
attached ordinance would extend the multifamily tax exemption for another 5-year
period.
Residential targeted area. An amendment to the residential targeted area is
offered in the proposed ordinance. That portion of the North Park neighborhood that
is currently zoned MRT has been removed from the target area in the attached
ordinance. This is consistent with recent actions of the City Council with respect to
the planned action ordinance (PAO) where the same area was removed from the
affected area.
RECOMMENDATION: Staff recommends the proposed ordinance be adopted. The
recent DSAP envisions and encourages residential development downtown; the
downtown PAO goes a step further and incentivizes such development by
streamlining the SEPA process. The multifamily tax exemption is simply another
step the City can take to further promote the vision for downtown.
BW\JP\pm P:\P1anning\ECDC\2014\Pkt Documents\4-14-14\Multifamily Tax Exemption Ord Memo.doc
cc: Ben Wolters,Economic&Community Development Director
Fred Satterstrom,Planning Director
8
9
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter 3.25
of the Kent City Code, entitled "Multifamily
Dwelling Tax Exemptions," amending the
residential targeted area and extending the period
for submission of applications for conditional
certificates to June 30, 2019.
RECITALS
A. Through its adoption of Ordinance No. 3922 on June 16,
2009, the Kent City Council amended the City's multifamily tax exemption
program to adopt the further goals of creating a vibrant downtown to serve
as a destination retail and community gathering place; and to invest in
neighborhood livability and development of neighborhood centers.
B. The City adopted an update of the Downtown Subarea Action
Plan ("DSAP") on November 19, 2013, that encourages high-density,
multifamily development in downtown.
C. The City also adopted a Planned Action Ordinance ("PAO") on
December 10, 2013, that incentivizes development — including high-
density residential development — in downtown by streamlining the
environmental review process.
1
Multifamily dwelling tax exemptions
Ordinance amending KCC 3.25
10
D. Ordinance No. 3922 established a sunset provision that
prohibited the City from accepting any new applications for conditional
certificates of acceptance of tax exemption under Chapter 3.25 of the Kent
City Code after June 30, 2014.
E. In order to implement the goals of the DSAP and the PAO, the
City now desires to retain the property tax exemption incentive for
multifamily residential development by extending the period for submission
of applications for conditional certificates for an additional five (5) years, in
addition to amending the definition of the residential targeted area and
map depicting the area affected.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Section 3.25.050 of the Kent City Code is
amended as follows:
Sec. 3.25.020. Definitions. When used in this chapter, the
following terms shall have the following meanings, unless the context
indicates otherwise:
1. Administrator means the Kent economic development director
or his/her designee.
2
Multifamily dwelling tax exemptions
Ordinance amending KCC 3.25
11
2. Mixed use means a multi-story multifamily housing residential
project with at least one (1) nonresidential use in one (1) or more multi-
story multifamily housing buildings in the project, such as retail, office,
entertainment, schools, conference centers or a use approved in writing by
the administrator.
3. Multifamily housing means one (1) or more new multi-story
buildings designed for permanent residential occupancy, each with four (4)
or more dwelling units.
4. Owner means the property owner of record.
5. Permanent residential occupancy means multifamily housing
that provides either rental or owner occupancy on a nontransient basis.
This includes owner-occupied or rental accommodation that is leased for a
period of at least one (1) month. This excludes hotels and motels that
predominately offer rental accommodation on a daily or weekly basis.
6. Residential targeted area means the geographic area of
downtown Kent bordered generally by Titus Street, State Route 167, Willis
Street, and Cloudy Street, and only including zones that permit multifamily
housing. See Appendix 1 for map.
SECTION 2. - Amendment. Section 3.25.120 of the Kent City Code is
amended as follows:
Sec. 3.25.120. Sunset of exemption for applications for
conditional certificates.
3
Multifamily dwelling tax exemptions
Ordinance amending KCC 3.25
12
The city shall not accept new applications for conditional certificates as
provided in this chapter after June 30, 20142019, unless extended by city
council action. Incomplete applications for conditional certificates as of
June 30, 20142019, shall be returned to owners. Notwithstanding the
above, the city shall process (A) pending complete applications for a
conditional certificate and (B) applications for extension of the conditional
certificate or final certificate received after June 30, 20142019, as provided
in this chapter. This chapter shall continue to apply to all properties that
have been or are issued a final certificate of tax exemption under this
chapter until expiration, termination, or cancellation of the tax exemption.
SECTION 3. — Amendment — The map contained in Appendix 1
referenced in KCC 3.25.020 is hereby replaced in its entirety by the map
attached hereto as Appendix 1.
SECTION 4, — SeverabilitY. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION S. — Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; references to other local, state or federal laws,
codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
SECTION 6, — Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage and publication as
provided by law.
4
Multifamily dwelling tax exemptions
Ordinance amending KCC 3.25
13
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
ARTHUR FITZPATRICK, ACTING CITY ATTORNEY
PASSED: day of 2014.
APPROVED: day of 2014.
PUBLISHED: day of 2014.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
RONALD f. MOORE, CITY CLERK
P:\Civil\Ordinance\3.25.120 Multifamily Dwelling Tax Exempdons.doc
5
Multifamily dwelling tax exemptions
Ordinance amending KCC 3.25
14
Appendix 1 Residential Targeted Area
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15
ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred Satterstrom, AICP, Director
• Charlene Anderson, AICP, Manager
K E N T
W nsniecToe Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
April 10, 2014
TO: Chair Bill Boyce and Economic & Community Development Committee
FROM: Fred N. Satterstrom, AICP, Planning Director
SUBJECT: Proposed Resolution - Authorizing Process for Comp Plan Amendment
for Par 3 Golf Course
MOTION: To approve/amend/not approve the proposed resolution to
authorize staff to move forward with a comprehensive plan amendment
on the Par 3 golf course site, and to recommend approval by the full
City Council.
SUMMARY: The fiscal sustainability of the City's golf operations has been the
subject of several City Council workshops over the past year. During this time, City
staff has presented a variety of options to the Council aimed at addressing the fiscal
challenges of operating and maintaining a full golf complex. One of these options is
to offer the Par 3 course for sale to a developer who would, in turn, create a
landmark development worthy of such a prominent, signature site.
To prepare the site for potential development, it is necessary to modify the zoning
and comprehensive plan designations. Currently, and in light of its present use as
a golf course, the site is zoned for low intensity land uses (SR-1) and its
designation on the comprehensive plan is Open Space. Discussions with the City
Council have envisioned a more urban, mixed use scenario which would require a
change in zoning and plan designations.
Amendments to the comprehensive plan are provided for in KCC 12.02 which
outlines an annual cycle which begins each year in September. To accomplish a
plan amendment outside of this cycle, it requires a finding by the City Council that
an "emergency" exists and a resolution authorizing staff to move ahead with the
amendment. An emergency is defined as an issue of "community-wide significance
that promotes the public health, safety, and general welfare." Clearly, the fiscal
sustainability of the golf complex is an issue of community-wide significance that
relates to the general welfare of the public.
Recommendation:
The attached resolution declares the potential sale of the Par 3 golf course to be an
"emergency" as defined by KCC 12.02, and authorizes City staff to proceed with an
amendment to the City's comprehensive plan (and zoning regulations). Staff
recommends the ECDC approve the proposed resolution and forward to the full City
Council for adoption.
FS/]P/pm P:\Planning\ECDC\2014\Pkt Document\4-14-14\Par 3-Memo Doc.doc
Attach: Re.lution
CC: Ben Wolters,ECD Director
Charlene Anderson,AICP,Planning Manager
16
17
RESOLUTION NO.
A RESOLUTION of the City Council of the
City of Kent, Washington, relating to a revision of
the Kent Comprehensive Plan, and declaring an
emergency for the adoption of a comprehensive
plan amendment. CPA-2014-1 and CPZ-2014-1.
RECITALS
A. One of the City Council's strategic goals is to attain fiscal
sustainability.
B. Another strategic goal of the City Council is to create
neighborhood urban centers.
C. The City's Riverbend Golf Complex has been facing serious
financial challenges throughout its history, and the City Council is desirous
of finding a long-term solution to this problem.
D. The potential development of the Par 3 golf course is seen by
the Council as a potential solution to the long-term viability of the overall
Riverbend Golf Complex. To ready the site for development, certain plan
and zoning amendments need to take place.
E. The Growth Management Act (GMA) requires that the City
establish procedures governing amendments to the comprehensive plan
1 Par 3 Comprehensive
Plan Amendment
18
that limit amendments to once each year unless certain circumstances
exist. RCW 36.70A.130(2)(b). The City has established a procedure for
amending the comprehensive plan in Chapter 12.02 of the Kent City Code
(KCC) that permits amendments in addition to the standard annual update
if any emergency exists. An emergency is defined as an issue of
community wide significance that promotes the public health, safety, and
general welfare of the City of Kent. KCC 12.02.010(A).
F. On April 14, 2014, the Economic and Community
Development Committee moved to request that staff move forward with
the entitlement process for the Par 3 golf course as depicted in Exhibit 1,
attached and incorporated by this reference.
G. The City Council finds that consideration of proposed
amendments to the comprehensive plan through revision of the Par 3
comprehensive plan and zoning designations is an issue of community-
wide significance that promotes the public health, safety, and general
welfare.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1, — Recitals. The foregoing recitals are incorporated by
this reference.
SECTION 2, — Emergency. The revision of the comprehensive plan
designation for the Par 3 golf course constitutes an issue of community-
wide significance that promotes the public health, safety, and general
welfare in accordance with the definition of an emergency as set forth in
2 Par 3 Comprehensive
Plan Amendment
19
KCC 12.02.010(A) of the Kent City Code (KCC). The City Council,
therefore, declares that an emergency exists and authorizes staff and the
Land Use & Planning Board to process this amendment to the
comprehensive plan outside the annual amendment process described in
KCC 12.02.030.
SECTION 3, — Severability. If any section, subsection, paragraph,
sentence, clause or phrase of this resolution is declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the
remaining portions of this resolution.
SECTION 4, — Effective Date. This resolution shall take effect and
be in force immediately upon its passage.
PASSED at a regular open public meeting by the City Council of the
city of Kent, Washington, this day of 2014.
CONCURRED in by the Mayor of the city of Kent this day of
2014.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
ARTHUR FITZPATRICK, ACTING CITY ATTORNEY
3 Par 3 Comprehensive
Plan Amendment
20
I hereby certify that this is a true and correct copy of Resolution No.
passed by the City Council of the city of Kent, Washington, the
day of 2014.
RONALD F. MOORE, CITY CLERK
F\OVIpPemluNon\P,r O¢mp Flzn Amendment do-
4 Par 3 Comprehensive
Plan Amendment
21
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23
ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred Satterstrom, AICP, Director
• Charlene Anderson, AICP, Manager
K ENT
WnsniecToe Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
April 10, 2014
TO: Chair Bill Boyce and Economic & Community Development Committee
FROM: Charlene Anderson, AICP, Planning Manager
SUBJECT: Sound Transit Federal Way Link Extension
For the meeting of April 14, 2014
MOTION: None. For Information Only
SUMMARY: Sound Transit is evaluating alternatives to extend Link light rail from
the future Angle Lake light rail station in SeaTac to the Federal Way Transit Center.
A Draft Environmental Impact Statement (EIS) that presents the environmental
impacts and benefits of the light rail alternatives will be published later this year.
In anticipation of the Draft EIS, Sound Transit staff will review with the committee a
few typical concerns associated with light rail that may be of particular interest to
residents and business owners located along the corridor. The review will include
examples of how Sound Transit typically evaluates and mitigates for noise and
right-of-way impacts associated with light rail, and how project effects during
construction are minimized.
BACKGROUND: Sound Transit is continuing the outreach to the City Council
through selected topics for the committee as well as individual briefings and tours
of the existing system. In the meantime, they are completing the analysis of
environmental impacts of alignment and station alternatives to be presented in the
Draft EIS. The monthly updates to the committee from either staff or Sound Transit
are opportunities to not only brief the City Council on the status of the project but
also to engage in discussions of City Council concerns and design preferences for
alignments and station areas.
If there are any questions prior to the meeting, please contact me at
253.856.5431.
CA/pm P:\Planning\South_C rrldor\City_Council\04142014_ECDCMemo_.doc
cc: Ben Wolters,ECD Director
Fred Sattembrom,AICP,Planning Director
Charlene Anderson,AICP,Planning Manager
24
25
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
BUILDING SERVICES DIVISION
Bob Hutchinson, Building Official
KENT
Phone: 253-856-5412
Fax: 253-856-6421
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
April 10, 2014
TO: Chair Bill Boyce and Economic & Community Development Committee
FROM: Bob Hutchinson - Building Official
RE: Code Enforcement Report
For Meeting of April 14, 2014
MOTION: For Informational Purposes Only
SUMMARY: The purpose of this report is to provide the Committee with an
up-to-date understanding of Kent's code enforcement process, organization,
workloads, resources and strategies.
BUDGET IMPACT: NONE
BACKGROUND: Enforcement of the various requirements and prohibitions
contained in the Kent City Code (KCC) is generally identified as the
responsibility of the director or manager of the city department or division
that has the technical expertise to deal with the technical subjects involved.
For example, private use of public streets is handled by Public Works, while Fire
Code provisions are enforced by the Fire Department. The Code Enforcement
unit within the Building Division of the Economic and Community
Development Department has primary responsibility for enforcement of general
public nuisance code provisions, as well as for coordinating enforcement of
building codes, the zoning code, and development and environmental
regulations with the technical staff within the Department. The Code
Enforcement team occasionally assists City staff in other departments with
code enforcement processes and sometimes helps to coordinate actions
between departments and with other regulatory agencies. This unit has always
worked closely with and relied on the assistance of the City's Legal Department
staff. This report focuses mostly on the enforcement process and the work of
this team in ECD.
The regulations mentioned above and most others refer to the civil penalty
process in KCC chapter 1.04 for enforcement, while also retaining the option of
criminal prosecution as a misdemeanor. In practice, the civil procedure is
almost always used, as it has proven the most effective means of getting most
code violations corrected. This process was originally created in 1993, and
subsequently revised and refined in 2008 to enhance effectiveness and
efficiency.
26
Major process changes in 2008 included an automatic fixed $500 civil
penalty when a Notice of Violation is issued; hearings being held only on
appeal of an NOV; and referral of delinquent fines toa collection agency.
These and other changes have allowed more efficient use of staff time; assisted
with more successful compliance communications; and reduced Hearing
Examiner expense. As used by the Code Enforcement team, the civil penalty
process is illustrated in the attached flow chart labeled "Exhibit A", with key
points listed in the attached "Exhibit B".
Prior to 1994, Kent had no staff dedicated solely to code enforcement, and
outside of the small unit established within the Building Division at that time,
generally still relies on the efforts of staff spread throughout the City
organization who are dedicated to other duties as their primary responsibilities.
From 2008 through 2011, the ECD Code Enforcement unit consisted of two
code enforcement officers and one clerical code enforcement assistant that also
had other, non-code enforcement responsibilities. In January, 2012, one code
enforcement officer was laid off. When the code enforcement assistant retired
a year later, a plan was devised to overfill that position with a second code
enforcement officer, distribute some assistant work to code enforcement
officers and other ECD administrative staff, streamline and automate
information handling, and equip code enforcement officers with field access to
the city network. In June, 2013, a second code enforcement officer was hired,
and in October, 2013, both were equipped with laptop computers to provide
field access. A chart is attached as "Exhibit Cut which depicts these events and
workloads accomplished, as measured by code enforcement cases resolved and
closed.
RWpm P:\P1anning\ECDC\2014\Pkt Documents\4-1414\Code Enforcement Docs-April 2014 ECD Committee memo.chic
Exhibit A: Simple Code Enforcement Flow Chart, Exhibit : Ovil Code Enforcement Process Key Points, Exhibit-C. Code Enforcement Cases Closed
through March 2014.
cc:Ben Wolters,ECD Director
Fred Satterstrom,A CP,Planning Director
Charlene Anderson,A CP,Planning Manager
27
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29
Exhibit B
Civil Code Enforcement Process Key Points
• A varying amount of time is consumed by verifying code cites, location of
property, and ownership, as well as preparing the admonishment letter and
entering the case in the data base (KIVA), but the admonishment letter
makes efficient use of staff time and results in code compliance much of the
time. It may be omitted when a phone or field contact is made conveying the
same information, which is our required initial attempt to obtain voluntary
code compliance.
• The Correction Notice is required (Kent City Code 1.04.070) to be issued
before a penalty (fine) is incurred. It is a formal document with a deadline
(10 days minimum) for compliance and a warning that a Notice of Violation
will be issued and a penalty will be incurred if the violation is not corrected.
• A $500 penalty is automatically incurred if a Notice of Violation is issued per
KCC 1.04.080. An invoice is sent with the Notice of Violation.
• Hearings are only held on appeal of a Notice of Violation. A Notice of Violation
may be contested, or an appellant may admit guilt and request mitigation of
the penalty, per KCC 1.04.120.
• Penalty invoices not paid are sent to a collection agency.
• Due process requirements and burden of proof are less than with criminal
prosecution, but still require care and attention.
• The vast majority of cases (90 — 99%) are resolved without a Notice of
Violation, fine, appeal or court case.
30
EXHIBIT C 31
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33
ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred Satterstrom, AICP, Director
• Charlene Anderson, AICP, Manager
KENT
was o Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
April 10, 2014
TO: Chair Bill Boyce and Economic & Community Development Committee
FROM: Charlene Anderson, AICP, Planning Manager
SUBJECT: Buildable Lands
For the meeting of April 14, 2014
MOTION: None. For Information Only
SUMMARY: The Buildable Lands Program was established as a requirement of
Washington's Growth Management Act (RCW 36.70A.215). It obligates the City of
Kent, in coordination with King County and other cities in the county, to implement
a review and evaluation program. The goals of the program include 1) determining
whether 'urban densities' are being achieved within Urban Growth Areas, 2)
measuring the degree of consistency between comprehensive plans and actual
development that has occurred, and 3) addressing any inconsistencies through
follow-up measures to be adopted by local jurisdictions.
Staff's preliminary evaluation indicates the City has sufficient capacity to
accommodate the growth targets approved by the City Council and ratified through
the Countywide Planning Policies to the year 2031. The evaluation considered
Kent's actual achieved development density for the period 2006 through 2011,
vacant and redevelopable lands, along with the planning efforts undertaken for the
Midway and Downtown subareas. The growth targets for Kent (including in the
remaining Potential Annexation Area) to the year 2031 are 9,360 housing units and
13,490 jobs. The County's Buildable Lands Report is expected to be issued later this
year.
BACKGROUND: To accomplish the Buildable Lands evaluation for 2006-2011,
staff reviewed final subdivisions and short plats, residential and commercial building
permits that were issued, and performed a Geographic Information System (GIS)
analysis of vacant and redevelopable lands. The review included discounts for
critical areas, rights of way, and public purpose uses to arrive at achieved density
of development on net acreage, which along with pipeline development assisted in
establishing an appropriate assumption of future density on vacant and
34
redevelopable lands. After an additional discount for market factor, the result
determined there are sufficient lands in Kent to accommodate the growth targets to
2031. Projecting a straight line growth pattern to 2035, which is the analysis date
for the comprehensive plan update, still shows sufficient growth capacity.
However, the subsequent 20-year growth pattern would exceed capacity and
require additional measures to accommodate future growth, e.g., higher density
development on existing land.
RESULTS:
Below are highlights of the Buildable Lands analysis for 2006 — 2011:
1. There were 74 single family residential subdivisions/short plats totaling 1,366
lots recorded in this time period, an average of about 230 lots per year. This
is a slight increase from the previous 5-year period. Achieved net densities
of plats varied from the previous reporting period, with the overall achieved
net density for a combined 2001 — 2011 time period of 6.76 lots per acre
including all zoning districts.
2. Almost 2,000 single family residential building permits were issued between
2006 and 2011, representing approximately 330 single family residential
building permits per year.
3. Only six (6) multifamily residential building permits were issued, totaling 61
units.
4. Twenty-five (25) new commercial and industrial building permits were issued
for a total of approximately 1.7 million square feet of floor area. This
represents a decrease of approximately 700,000 square feet of floor area
from the previous 5-year period.
5. As of January, 2012, there were just over 1,000 net acres of 'available'
vacant and redevelopable residential land supply and approximately 500
acres of 'available' vacant and redevelopable commercial and industrial land
supply.
6. This land supply provides an assumed housing unit capacity of 10,732 units
and an assumed employment capacity of 21,624 jobs to accommodate
adopted targets of 9,360 housing units and 13,490 jobs. The housing targets
will consider an additional adjustment of approximately 2,000 units already
permitted during the reporting period. Extending the targets to the
comprehensive plan horizon of 2035 diminishes the available capacity (as
currently calculated) to approximately 2,000 additional housing units and
6,000 additional jobs, which likely will be insufficient to accommodate an
additional ten years beyond 2035. In the future, the City likely will need to
take additional measures to intensify development on existing land.
Staff will be available at the April 14th meeting to further discuss Buildable Lands.
If there are any questions in the meantime, please contact me at 253.856.5431.
CA/pm P:\Planning\Buildable Lands\bCD Committee\04142014_memo.doc
cc: Ben Wolters,ECD Director
Fred Satterstmm,MCP,Planning Director
Charlene Andereen,MCP,Planning Manager
File
35
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39
ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred Satterstrom, AICP, Director
• Charlene Anderson, AICP, Manager
KENT
WASH iecroe Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
April 10, 2014
TO: Chair Bill Boyce and Economic & Community Development Committee
FROM: Ben Wolters, Economic & Community Development Director
SUBJECT: Economic Development Plan/Phase II Update
For the meeting of April 14, 2014
MOTION: Information only
SUMMARY:
The purpose of this item is to have a conversation with the Economic & Community
Development Committee members to discuss the direction and next steps of the
Economic Development Strategic Plan.
8W/JP/pm P:\Planning\ECDC\2014\Pkt Documents\4-14-14\Eton Dev Strategic Plan Update - Memo.pdf.doc