HomeMy WebLinkAboutCity Council Committees - Planning and Economic Development Committee - 12/17/1991 CITY OF
BRENDA JACOBER
DEPUTY CITY CLERK
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PLANNING COMMITTEE
AGENDA
DECEMBER 17, 1991
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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
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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
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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
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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.
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B. Consistent w$th the findings above, the purposes of this Ordinance are:
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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.
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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.
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SECTION 2. Definitions.
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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
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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
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conveyance-:or on a duly filed plat.
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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.
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D. HOMEOWNERSJ ASSOCIATION. "Homeowners' Association" shall mean any
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combination or grouping of persons or any association, corporation or
other ent�ty which represents homeowners residing in a short
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subdivision or subdivision; provided, that a homeowners' association
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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,
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shall not apply) to planned unit developments, and shall not apply to
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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
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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.
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B. All 1�ts within the related subdivision must have legal and
convenient acce4s to the proposed area for dedication or reservation, at
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the time of fin4l plat approval.
C. The ar4a proposed by the developer for dedication or reservation
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must consist ofl an amount equal or greater than the percentages set in
Section 8.
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D. The arela of proposed dedication or reservation must have a street
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frontage equal !to at least 20% of its perimeter to allow for regular
observation of lay areas by residents of the subdivision. Alternative
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design measures! that accomplish the same purpose of security may be
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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
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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
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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.
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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
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passing throughithe open basin except during peak design flows, i.e.,
during the 5-yealr or 10-year peak storm.
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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
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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
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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.
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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
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Parks Department.
Responsibilities of Reservation: If the developer reserves land within a
proposed subdivision, the developer shall, in addition to any other
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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
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City of Kent Zo ing Code, developers who dedicate or reserve open space
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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
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this Ordinance b� declared unconstitutional or invalid for any reason, such
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decision shall Oot affect the validity of the remaining portion of this
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Ordinance. j
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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
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developer may c*ose to pay a fee-in-lieu of dedication or reservation of
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land in accordance with Sections 7 and 8.
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