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HomeMy WebLinkAboutCity Council Committees - Planning and Economic Development Committee - 12/17/1991 CITY OF BRENDA JACOBER DEPUTY CITY CLERK I�17 PLANNING COMMITTEE AGENDA DECEMBER 17, 1991 X---.... .... . ............. THF:��'. M.:::V0MMIT E MEETING FOR DE.CEMB IZ:1991 Is SCUMU Z.1 D - ........... w..;WTI j.:: TTOOM, ......... qmw en T 20 miff A: �2 WOURM. M ...... Committee Members Jon Johnson, Chair Christi Houser Leona Orr AGENDA 1. Business License Ordinance (C. Proud) ACTION ITEM 2. Hearing Examiner Ordinance (C. Proud) ACTION ITEM I IBM 20 ff 71 110) 220 4th AVE.SO., /KENT,WASHINGTON 98032-5895 TELEPHONE (206)859-3390 FAX#859-3334 CITY of BRENDA JACOBER CITY CLERK Jim White, Mayor AGENDA KENT PLANNING COMMISSION PUBLIC HEARING October 23, 1994 7:00 p.m. PLANNING COMMISSION MEMBERS: Kent Morrill, Chair Janette Nuss, Vice Chair Gwen Dahle Kenneth Dozier Connie Epperly Edward Heineman, Jr. Robert MacIsaac Russ Stringham Raymond Ward CITY STAFF: James P. Harris, Planning Director Fred Satterstrom, Planning Manager Kevin O'Neill, Senior Planner This is to notify you that a scheduled Planning Commission public hearing will be held on Monday, October 23, 1994 in the Kent City Hall Chambers West at 7:00 p.m. The agenda will include the following items: 1. Call to Order 2. Roll Call 3. Approval of Planning Commission Minutes 4. Added Item to Agenda 5. Communications 6. Notice of Upcoming Meetings 7. #ZCA-95-10 Ml-C AMENDMENT Proposed Ml-C Zoning Code Amendment allowing drive-through eating facilities. (F. S. Satterstrom) 8. #ZCA-95-2 & #SCA-95-1 CLUSTER DEVELOPMENT Potential amendments to the Zoning and Subdivision Codes to allow cluster housing. (L. Phillips) 220 dth AVE.SO.. /KENT.WASHINGTON 98032-5895/TELEPHONE (2061859-33001 FAX#859-3334 crry cFA6n1i 0 CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 MEMORANDUM February 19, 1991 TO: Linda Martinez, Chair, and Planning Commission Members FROM: Fred N. Satterstrom, Planning Manager RE: Proposed Subdivision Code Amendment: Park and Open Space Dedication in Proposed Plats A public hearing will be held at your regular February 25, 1991 meeting on the proposal to require park and open space dedications in proposed subdivisions. A copy of the proposed amendment is attached. At the time this packet was mailed to the Planning Commission, comments from the Public Works and Law Departments were not yet available. We anticipate that their comments will be available by the time of the scheduled public hearing. We plan to make a report to the Planning Commission on their input during our presentation at the hearing. At the Commission's January 28 workshop, you requested that the Planning Department research the possibility of extending this subdivision amendment to non-residential plats. Laura Yeats, intern with the Planning Department, conducted a search relative to this request and could not identify any jurisdictions who have required park or open space dedications in non-residential plats. She did discover that some jurisdictions are looking into assessing impact fees for parks in commercial and industrial plats, in the context of a comprehensive fee ordinance. The proposed subdivision amendment under consideration by the Planning Commission is not an impact fee ordinance. Rather, it is a land dedication ordinance which derives its legal authority not from the Growth Management Act of 1990 (where impact fees are authorized) , but from the state subdivision statute (RCW 58, 17) . It is the recommendation of the Planning Department that the proposed subdivision amendment not be changed to include non-residential plats at this time. At the time the City of Kent prepares a comprehensive impact fee ordinance, it would then be proper to include non-residential development in the calculation of park impact fees. However, nothing in the proposed ordinance should be construed to prohibit or discourage the dedication of open space in commercial or industrial plats where there are unique environmental features or a critical need has been identified by the City. Such has been the case in some past plats, most notably along the Green River where landowners have dedicated strips of shoreline for open space and trail purposes. The staff would recommend that the Planning Commission include language in the proposed amendment that incorporates this provision. ORDINANCE NO. AN ORDINANCE relating to subdivisions; establishing a land dedication or reservation requirement to provide for parks and open space; providing for park development fee-in-lieu of land 'under certain conditions; setting fee levels; adding new definitions; and adding a new Chapter to KCC Title 12 (Subdivision Code) . BE IT ORDAINED BY THE CITY COUNCIL OF KENT, WASHINGTON: SECTION 1. Findings and Purpose. A. The Kent City Council finds that: 1. There exists in the City of Kent a general and increasing need for parks, open spaces and recreational facilities to serve the expanding population of the City. 2. The need for parks, open space and recreational facilities is acute at the neighborhood and community level due to population increases from new residential development. 3. R.C.W. 58.17.110 requires that local governments make appropriate provision for the establishment of parks and open space at the time it considers approval of proposed subdivisions. 4. A system of requiring dedication or reservation of suitable land for neighborhood and community parks, open space and recreation facilities or payment of a fee-in-lieu of such dedication or reservation, will more equitably and directly address the needs. 5. The establishment of park service areas - such as East Hill, West Hill and the Valley Floor - which are roughly equivalent to Park Sub-areas as defined in the Parks Comprehensive Plan, is i necessary for the purpose of defining areas within which land and fees ill be accepted and utilized in meeting community and neighi3rhood park, open space and recreational needs. I B. Consistent w$th the findings above, the purposes of this Ordinance are: i �I� 1. To insure the general health, safety and welfare of the citizens of the City ofI Kent when considering the approval or subdivisions; and, 2. To establish a means of creating and enhancing community and neighborhood parks, open spaces and recreational facilities. correspondent with the needs created by residential development. I 3. Distribute lequitably the cost of providing such parks, open spaces and recreation facilities; and, 4. To mitigato any adverse impacts on neighborhoods and communities without adlquate parks, open spaces and recreational facilities when approving lew residential development. I SECTION 2. Definitions. I There are dded seven(7) new definitions to KCC 12.04. A. ACTIVE REC EATIO . "Active recreation" shall mean and include all outdoor recreational activities which involve field and court games. B. DEDIC� "Dedication" shall mean a conveyance of to the City of I Kent where: the owner of the land transfers it to some public use through a �iause or covenant in a deed or some other instrument of I conveyance-:or on a duly filed plat. I C. DEVELOPER. "Developer" shall mean any person, firm, partnership, association, joint venture or corporation or any other entity or combination of entities or successors which thereto undertakes to subdivide tor the purpose of resale and commercial profit. i I D. HOMEOWNERSJ ASSOCIATION. "Homeowners' Association" shall mean any I combination or grouping of persons or any association, corporation or other ent�ty which represents homeowners residing in a short I subdivision or subdivision; provided, that a homeowners' association i need not have any official status as a separate legal entity under the laws of the State of Washington. E. RESERVATION. "Reservation" shall mean the act by which the grantor of land creates and reserves to a homeowners association, through a clause or covenant in a deed or some other instrument of conveyance or on a duly filed plat map, some right or interest which had no previous existence as such. F. PARK SERVICE AREA. An area roughly equivalent to the physiographic areas of East Hill, West Hill, and the Valley Floor, the exact boundaries to be established by the Department of Parks and Recreation, within which reservation or dedication of land and fees are received from new residential developments and utilized for the creation and enhancement of parks, open spaces and recreational facilities for the benefit of residents within the park service area. G. NEIGHBORHOOD AND COMMUNITY PARKS. As defined by the Kent Parks and Recreation Plan a Neighborhood Park is a small park of 5 to 10 acres in size which is designed to serve the open space and recreation needs of the immediately surrounding residents within a radius of approximately one-half to one mile. It should serve a population of 2,000-10,000 people and generally does not require off-street parking. A Community Park should be 20-40 acres in size and serve a 2-3 mile service radius. It should provide space for those types of activities that have greater space requirements than can normally be accommodated at a more local level. The population served will vary, but should ideally be 10,000-15,000 and provide off street parking. SECTION 3. Reservation, Dedication or Fee Required. Every residential subdivision final approval within any zone designated as RA, R1, MR-D, MR-G, MR-M, and MR-H by the Kent Zoning Code, KCC Title 15, should be contingent upon reservation or dedication of land for the open space and recreational needs of its residents or payment of fee-in-lieu thereof. The developer may either reserve or dedicate land, or make payment of a fee-in-lieu thereof pursuant to this ordinance. This Ordinance shall not apply to lots of 43,560 square feet and over in size, I shall not apply) to planned unit developments, and shall not apply to I subdivisions of (four or less lots. SECTION 4. Cri*ria for Reservation or Dedication of Land The following c�iteria shall serve as a basis for determining whether a i piece of land proposed for dedication or reservation is of sufficient size, character and quality to meet the intent of this Ordinance: A. The pr posed area for dedication or reservation shall be located either within or1 outside of the subdivision for which is required, but must be within the +e park service area in which the subdivision is located, or within a reasonable number of feet of the subject subdivision. ; B. All 1�ts within the related subdivision must have legal and convenient acce4s to the proposed area for dedication or reservation, at I the time of fin4l plat approval. C. The ar4a proposed by the developer for dedication or reservation ! must consist ofl an amount equal or greater than the percentages set in Section 8. i D. The arela of proposed dedication or reservation must have a street I frontage equal !to at least 20% of its perimeter to allow for regular observation of lay areas by residents of the subdivision. Alternative i design measures! that accomplish the same purpose of security may be I approved by thelDepartment of Planning and Community Development. E. When n w areas are proposed for dedication or reservation it may be required that they be located adjacent to or contiguous with any other I established or Iapproved open spaces or recreation areas in adjacent subdivisions inlorder to increase overall benefits to the neighborhood. F. Thei topography, soils, hydrography and other physical characteristics lof the area proposed for dedication or reservation shall be of such quality! as to allow the development of community or neighborhood parks and to croate a flat, dry, obstacle-free space, .on at least 50% of i the total requ�red area in a configuration which allows for active recreation: w4h approval, a portion of the area may include sensitive environmental f�atures, preservation of which is consistent with the City comprehensive pfan and/or Kent Parks and Recreation Plan. ! i G. In case of the site being reserved, plans and final approval for reserved areas must be done in cooperation of Parks and Planning. Development from approved plans and maintenance and operations are the shall be assumed by separate entity, such as a homeowners' association other competent private organization, which demonstrates to the satisfaction of the City that it has the capability for long-term maintenance and operation of such facilities. H. In the case of the site being dedicated to the City of Kent, the following additional criteria shall be met: 1. The site shall be adjacent to an existing or proposed City park site and shall be consistent with the park program for the site; or, 2. The characteristics and location of the site make it suitable for future inclusion into the Kent Park system as a local park; or, 3. The site is being preserved for valuable or sensitive environmental features which require management expertise beyond the capacity of a homeowners' association or other private organization; or, 4. The City concludes that dedication of the site for the selected purpose furthers one or more comprehensive plan policies contained in dealing with the open space element, steep slopes as open space, wetlands as open space, agricultural lands as open space wildlife habitat as open space, and heritage sites as open space. SECTION 5. Stormwater Runoff Detention Ponds. Storm water runoff detention ponds may be allowed by the City as part of dedicated or reserved open space, subject to approval of the Parks Department based on the following criteria: A. The detention pond may account for only up to 50% of the required area of dedication or reservation; and B. The detention pond shall be constructed so as to drain fully when precipitation is not occurring and shall meet the following conditions: 1. Oil separators shall be installed in the road draining system to prevent oil-contaminated runoff from reaching the detention pond; and 2. The side slope of the detention pond shall not exceed 33% unless slopes are existing, natural and covered with vegetation; and 3. A bypa�s system shall be installed so as to prevent water from i passing throughithe open basin except during peak design flows, i.e., during the 5-yealr or 10-year peak storm. i 4. If dete*tion facilities are located adjacent to or near a natural, year-round strum or wetland, these systems shall be left in natural or i near-natural condition. 5. The detention area shall be covered with a type of vegetation which is both ae�thetic and able to withstand the inundation expected; and I 6. Use of a reserved or dedicated open space area for storm water detention shalllinot be acceptable if the detention area must be fenced or otherwise rendered unsuitable or unavailable for recreation use during dry weather; and 7. In th� case of joint use of open space for detention and recreation, the! Kent Department Public Works shall be responsible for maintenance of �he detention facilities only and may require an access easement for that purpose. i i SECTION 6. Responsibilities of a Developer. Responsibilities of Dedication: If the developer dedicates land within a proposed subdivision, the developer shall, in addition to any other responsibilitieo imposed by this Ordinance, be responsible for removal of all constructiorj debris and hazards such as dead trees. The developer may be required to rough grade a portion the site suitable for a playing field, should such an area exist; place such signs -as directed by the Parks Department; andior establish or improve such trails as directed by the i Parks Department. Responsibilities of Reservation: If the developer reserves land within a proposed subdivision, the developer shall, in addition to any other i responsibilitie4 imposed by this ordinance, develop such recreational improvements asirequired by this ordinance and accept responsibility for maintenance and'; operation of same through a separate entity, such as a homeowner's association or other competent private organization. SECTION 7. Amount of Land to be Dedicated or Reserved. Within any zone! designated as RA, R1, MR-D, MR-G, MR-M, OR MR-H, by the I City of Kent Zo ing Code, developers who dedicate or reserve open space i pursuant to this ordinance shall set aside five(5) percent of the total property being subdivided. SECTION'S. Park Development Fee-in-Lieu of Open Space. Unless land within a proposed subdivision is dedicated or reserved in accordance with Sections 4 through 7 of this Ordinance, final approval of the subdivision shall be contingent upon payment of a park development fee from the developer to City. ' The fee so collected shall, be appropriated only for acquisition and development of open space, park sites and recreational facilities within the park service area wherein, proposed subdivision is located. Such acquisition and development shall be consistent with any applicable Community Plan. Expenditure of such fees shall only be through capital budget and program appropriations by the City Council. Fees collected within a park service area must be allocated to a specific neighborhood park, open space, or recreation project within three years of fee acceptance. SECTION 9. Computation of Fee. The fee-in-lieu of reservation or dedication for open space and parks in subdivisions shall be determined by multiplying the following two factors: A. 150 percent of the average assessed value per unit area of land within the boundaries of the subdivision; and B. The gross land area within the subdivision multiplied by five(5) percent as set forth in Section 7. The average assessed value shall be that for the year in which the subdivision is granted preliminary approval. Computations shall be based on King County Assessor information. SECTION 10. Administration. The Director of the Parks Department is authorized to develop and adopt administrative rules and regulations, including the establishment of park subareas, under the procedures specified in The Comprehensive Park Plan. Implementing of the provisions of this Ordinance through subdivision process shall be the responsibility of the Planning Department. SECTION 11. Sev6rability. Should any section, subsection, paragraph, sentence, clause or phrase of i this Ordinance b� declared unconstitutional or invalid for any reason, such i decision shall Oot affect the validity of the remaining portion of this I Ordinance. j i i SECTION 12. Appi licabilit . The provisions off this shall apply only to subdivisions which will receive approval after jhe effective date of this Ordinance; provided, that for subdivisions whiI6h have received preliminary prior to the effective date of this Ordinance,i and for open space assessment was established, the i developer may c*ose to pay a fee-in-lieu of dedication or reservation of i land in accordance with Sections 7 and 8. j I i I I j I I i I i i i i i i _I