HomeMy WebLinkAbout3469Ordinance No. 3469
["Beginning July 1, 1998"]
(Amending or Repealing Ordinances)
Amends Ord. 1827
ORDINANCE NO. 3YYO9
AN ORDINANCE of the City Council of the City
of Kent, Washington, amending Section 15.08.060 of the
Kent City Code relating to view protection regulations,
clarifying that the purpose of the regulations is to promote
and protect public vistas of the Green River Valley by
encouraging development in ways compatible with the
protection of these view corridors, and further making other
related changes.
WHEREAS, the visual environment of the City of Kent is strongly
characterized by scenic vistas from the East and West Hills of the City to the Green River
Valley; and
WHEREAS, Section 15.08.060 of the Kent City Code regulates
development in hillsides to protect views in the City; and
WHEREAS, with the growth and development in the City of Kent, the city
council believes that it is in the City's interest to continue to promote and protect the city's
view corridors to minimize obstruction of the scenic vistas to the Green River Valley, and
WHEREAS, it is appropriate to clarify that the purpose of the view
corridor protection regulations is to promote and protect these public vistas; and
WHEREAS, view regulations allow for development of one-story
structures in the view protection area and that "story" should be further defined; and
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WHEREAS, the City Council also finds that there are certain situations in
which the regulations would not achieve their intended purpose and, therefore, finds it
appropriate to grant the planning director the authority to waive or modify view
regulations in such situations; and
WHEREAS, the Land Use and Planning Board conducted a public hearing
on June 28, 1999, and recommended amendments to the view regulations in section
15.08.060 of the zoning code; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 15.08.060 of the Kent City Code is hereby amended
as follows:
Sec. 15.08.060. View corridor protection regulations on hillside development.
A. Purpose.
1. The visual environment of the City of Kent is strongly characterized by
scenic vistas to the Green River valley from the slopes of the East and West Hills which
frame the valley. The purpose of the view regulations set out in this section is to regulate
the height and location of buildings on hillsides in order to protect the externa' appe ,,.ane
e€view corridors to and from these hillsides which are on the visual forefront of the city
and encourage placement of residences in ways which are compatible with the
preservation of such public vistas. with ^ signifiewit impaet on the quality ofthe vis
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t, and to pr-eteet views themselves, whieh are avisual amenity whieh ought.
to be pfateeted and eManeed.
2. The criteria of this section establish procedures for determining heights
and locations of buildings on hillsides so that views will not be destroyed by site
development plans that fail to consider the topography of the lot and the orientation of
adjacent properties and the right of these p..ef figs to a view. The regulations of this
2 View Regulations
section shall be interpreted and enforced at the time of development plan review. The
regulations of this section shall not, however, prohibit construction of any building one
(1) story in with a building height of 25 feet or less, as measured from natural or
finished grade, whichever is lower, on any legal lot of record.
B. View regulations defined. Any projected development located within two hundred
(200) feet downslope from an RA, R1 or MR -D zoned area or within five hundred (500)
feet downslope from an MR -G, MR -M or MR -H zoned area when such area qualifies as
view property must allow for the protection of the view from such property as follows:
1. Protection of view of large tracts of land.
a. If the property which has a view to be protected exceeds either
twenty thousand (20,000) square feet in area or two hundred ( 200) feet in length or width,
the restriction on height of the building to be erected on the adjacent downslope property
shall be determined as follows:
b. Two (2) lines shall be drawn parallel to the slope line, one (1) such
line on either side of the building. The term "side," as used in this subsection, shall be
defined as the furthest point of the building measured outward perpendicular from a line
through the center of the building parallel to the slope line. These two (2) lines shall
extend upslope continuing parallel to the slope line until they meet the property line. No
part of the proposed building shall exceed in height by more than ten (10) feet the mean
elevation along the property line between these two ( 2) parallel lines.
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3 View Regulations
2. Protection of view of smaller tracts of land. Those tracts of land measuring
less than twenty thousand (20,000) square feet in area and less than two hundred (200)
feet in both length and width, as well as the erection of more than one (1) residential
building on the same piece of property, will be covered by the following regulations:
a. View property in RA, R1 and MR -D zones.
(1) View is an unobstructed field of vision comprising a
horizontal angle of not more than ninety (90) degrees and a vertical angle of not more than
five (5) degrees below the horizontal.
(2) The horizontal view angle shall have as its origin a vertical
axis passing through the geographic center of the lot whose view is to be protected. The
ninety -degree angle shall be oriented with forty (45) degrees on either side of the slope
line, which shall be laid out perpendicular to the mean contour of the area as contrasted
to the slope of the particular lot in question.
(3) The vertical view angle shall have as its origin a point six
(6) feet above the ground surface on a lot prior to any excavation for a foundation or
basement.
Horizontal View Angle
w
4 View Regulations
Vertical View Angle
Lot Line
Horizontal
Lot Line
(4) No building constructed within five hundred (500) feet of
the point of origin of the view angle and located beneath the airspace located within that
angle shall rise above the lower extent of the vertical angle.
b. View property in MR -G, MR -M and MR -H zones.
(1) View is an unobstructed field of vision comprised of a
horizontal view angle of sixty (60) degrees and a vertical view angle extending from the
horizontal upward to the vertical line.
(2) The horizontal view angle shall have as its origin a vertical
axis passing through the geographic center of the lot whose view is to be protected or, in
the case of an existing apartment building, the vertical axis should pass through the
geographical center of those units whose view is to be protected. The sixty -degree angle
may be shifted to the extent that no less than twenty (20) degrees of the sixty (60) degrees
lies on either side of the slope line, which shall be laid out perpendicular to the mean
contour of the area as contrasted to the slope of the particular lot in question.
Geographic
S10pe
Center or Loo
---ray[ Line
5 View Regulations
(3) The vertical angle shall originate on a horizontal line
extending from the intersection of the vertical line forming the axis for the horizontal
view angle and the original slope, or, in the case of an existing apartment building, the
floor level of the lowest residential floor.
Horizontal
Horizontal.
Lot Li
Geographical
Center of Unit Lot Line
Geographical
Center of Lot
Lot Line
j_J_`Parking/Storage Level
(4) No building constructed within five hundred (500) feet of
the point of origin of the view angle and located beneath the airspace located within the
angle shall rise above the lower extent of the vertical angle.
C. Exemptions. The planning director may waive or modify the view regulations on
hillside development if it is determined that the intent to preserve views cannot be met by
a strict application of the requirements, or if one (1) or more of the following conditions
applies:
1. There is no available clear view of the valley from development located
upslope of the proposed building; or
2. The orientation of development located upslope is toward a different view
angle than proscribed in the view development regulations; or
3. The shape or topography of the lot and lots located upslope make a strict
application of the view requirements unnecessM or impractical.
D. Application for variance. If an applicant requests relief from the provisions of this
section through a variance as provided in section 15.09.040, prior to public hearing the
applicant shall erect a pole stfucture outlining the proposed height of the building where
it is to be constructed on the proposed site to allow adjacent property owners to assess the
view impact of the proposed variance. The pole structure shall be in place at least ten (10)
days prior to the date of the public hearing on the proposed variance.
6 View Regulations
SECTION 2. Severability. If any one or more sections, subsections, or
sentences of this Ordinance are 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 3. Effective Date. This Ordinance shall take effect and be in
force five (5) days from and after the date of publication as provided by law.
ATTEST:
!c
BRENDA JACOBER, V
CLERK
APPROVED AS TO FORM:
RCYGER A. LUBOVICH, CITY ATTORNEY
PASSED: day of '1999.
APPROVED: day of , 1999.
PUBLISHED: day of '1999.
I hereby certify that this is a true copy of Ordinance No. 3q-6 9 , passed
by the City Council of the City of Kent, Washington, and approved by the Mayor of the
City of Kent as hereon indicated.
��L(SEAL)
BRENDA J OB , CITY CLERK
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7 View Regulations