HomeMy WebLinkAbout2975Ordinance No..2975,
(Amending or Repealing Ordinances)
CFN=458 — Subdivision Code
Passed 3/19/1991
Establishes Land Dedication Requirement for Parks and Open Space
Amended by Ord. 3511;3561;3664;3830
Amended by Ord. 3906 (Ch. 12.04)
Amended by Ord. 3944 (Sec 12.04.025)
ORDINANCE NO. /-� V /
AN ORDINANCE of the City of Kent,
Washington, amending the Subdivision Code,
Ordinance 2849, establishing a land dedication
requirement upon subdividers to provide for
public parks and open space; and, alterna-
tively, a method to compute fees in lieu of
land dedication; amending the Kent City Code to
add a new Section 12.04.450, and renumbering
Sections 12.04.040 through 12.04.079 to add new
Sections 12.04.041, 12.04.046, 12.04.057 and
12.04.059.
WHEREAS, 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; and
WHEREAS, the need for parks, open space and recreational
facilities is acute at the neighborhood and community level due to
population increases from residential development; and
WHEREAS, state statute requires that local governments
make appropriate provision for the establishment of parks and open'
space at the time of proposed subdivision approval (RCW 58.17.110);
and
WHEREAS, a system of requiring dedication of suitable
land for neighborhood and community parks, open space and
recreation facilities or payment of a fee in lieu of such
dedication from developers at the time of subdivision approval
will more equitably address the needs of the community; and
WHEREAS, the reference to certain areas as established ini
the Parks Comprehensive Plan as park service areas is necessary
°,for the purpose of defining areas within which land and fees in
lieu of dedication will be accepted and utilized to meet community"
and neighborhood park, open space and recreational needs; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
:HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 12.04.040 through 12.04.079 of the
Subdivision Code (Ordinance 2849, as amended) is hereby renumbered'.
,and amended to add the following definitions:
12.04.041. Active Recreation. All outdoor recreational
activities which involve field and court games.
12.04.046. Community Park A park twenty (20) to forty
40 acres in size which provides off-street iparki.ng and serves a
population of 10.000 to 15,000 people located within a two (2) to
three (3) mile service radius.
12.04.057. Neighborhood Park A park five (5) to ten
10 acres in size which may have off-street parking and serves a
o ulation of 2 000 to 10 000 people located within a one-half to
one (1) mile service radius.
- 2 -
12 04,059 Park Service Area. Those three areas located!,
and defined in the Comprehensive Parks Plan of the City of Kent,
las adopted by ordinance which shall be used in determining
eligibility of land under the dedication requirements of Section
12.04.450. herein.
Section 2. The Subdivision Code (Ordinance 2849) is
hereby amended to add the following new section:
12.04.450. PARKS AND OPEN SPACE -- DEDICATION OR FEES
REOUIRED Approval of all subdivisions located in either single
family residential or multi -family residential zones as defined in'
the Kent Zoning Code, Title 15, shall be contingent upon the
Isubdivider's dedication of land or providing fees in lieu of
dedication to the City all as necessary to mitigate the adverse
effects of development upon the existing park and recreation
service levels This requirement shall not apply to lots of
43,500 square feet or larger in size planned unit developments or'
subdivisions of four (4) or less lots.
A CRITERIA FOR DEDICATION The following criteria
shall serve as a basis for the Parks Department's determination
whether land proposed for dedication is of sufficient size
character and quality:
1. The proposed area for dedication may be located';,
either within or without the subdivision for which it is required,
but must either be:
- 3 -
a.)_ adjacent to an existing or proposed City
park site, or
within the same Park Service Area in which
the subdivision is located; or
c.l within one mile of the subdivision for
which it is required.
2. The proposed area for dedication shall have
characteristics and location which make it suitable for future
inclusion into the Kent Parks System, as determined by the Parks
Director.
3. With the approval of the Planning Department,
the proposed area for dedication or portion thereof may contain
valuable or sensitive environmental features, preservation of
which is consistent with the City's Comprehensive Plan and/or
Parks and Recreation Plan.
4. The proposed area for dedication shall, in the
determination of the Parks Director, further one or more
Comprehensive Plan policies 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.
5. All lots within the subdivision for which
dedication is required shall have legal and convenient access to
the proposed area at the time of final plat approval.
- 4 -
6. The area proposed by the subdivider or
!dedication must consist of an area that is equal or greater in
I€€size than the size computed as necessary by the Parks Department,
'using the formula described in Section 12.04.450(B) herein.
7. The area of proposed dedication shall have a
!street frontage equal to at least twenty per cent (20%) of its
'perimeter to allow for regular observation of play areas by
residents of the subdivision Alternative design measures that
accomplish the same purpose of security may be approved by the
City.
8. The topography, soils hydrography and other
physical characteristics of the area proposed for dedication shall;
be of such quality as to allow the development of community or
neighborhood parks, or to create a flat dry, obstacle -free spaceli,
on at least fifty per cent (50%) of the total required area in a
configuration which allows for active recreation; shall have no
known safety hazards; and shall have no known physical problems
such as the presence of hazardous waste drainage erosion, or
flooding that the Director determines would cause inordinate
'demands upon public resources for maintenance and operation of the'
property to be dedicated to the City.
9. Dedication to a Homeowner's Association. If it
is determined that the public interest would be served, the land
may be conveyed to a homeowner's nonprofit maintenance corpora-
tion In this instance, the subdivider shall at or prior to the
time of filing a final plat for approval supply the Planning
Department with copies of the articles of incorporation and bylaws
of the grantee organization together with evidence of the
conveyance or of a binding commitment to convey. The articles_
- 5 -
of incorporation shall provide that membership in the corporation
shall be conditioned upon ownership of land in the subdivision,
that the corporation is empowered to assess the land for costs of
construction and maintenance of the improvements and property
owned by the corporation. and that the assessment shall be a lien
upon the land. The City Attorney shall review and approve the
articles of incorporation and bylaws as to compliance with this
provision. The Council may impose other conditions as it deems
appropriate to assure that property and improvements owned by the
corporation will be adequately constructed and maintained.
B. AMOUNT OF LAND TO BE DEDICATED. Subdividers who
dedicate open space or park land pursuant to this section shall
set dedicate five (5) percent of the total property being
subdivided.
C. FEE -IN -LIEU OF OPEN SPACE. Unless a subdivider
dedicates land in accordance with this Section in order to
mitigate the direct impacts identified as a consequence of the
proposed development, the City's final approval of the subdivision
shall be contingent upon Davment of a park development fee from
the subdivider to the Cit
1. COMPUTATION OF FEE. The fee in lieu of land
dedication for parks and open space shall be determined by
multiplying the following two factors:
a.) One hundred and fifty (150) percent of the
average assessed value per unit area of land within the boundaries
of the subdivision; and
b.) The dross land area within the subdivision
multiplied by five (5)per cent as set forth in Section
12.04.450 B above. The average assessed value shall be that for
the year in which the subdivision is granted preliminary -p- a
AIRRroval. Computations shall be based upon Kinn County Assessor
Anformation.
2 USE OF FEE BY CITY. The fee -in -lieu of
dedication shall be held in a reserve account at the City, and may
oonl be expended to fund a ca ital improvement that has been
agreed upon b the arties to mitigate the identified direct
impact of the development.
3 TIME LIMITS ON EXPENDITURE The payment sha 1
,be expended in all cases within five 5 ears of collection.
D. TIME OF PERFORMANCE. When a royal of a subdivision
is conditioned upon the dedication of land or the payment of any
fees -in -lieu of dedication a final plat -or short plat shall not
be recorded until:
1. The Parks Director has determined in writin
that any land to be dedicated is shown on the face of the final
plat or short plat or a deed conveyina the land to the City has
been recorded with the King County Department of Records and
Elections.
2. Conveyance of land to a homeowner's associations
shall be done within the time frames s ecified in Section
112.04.450(A) (9).
3. The instrument conveying the land to the City
has been transmitted to the City Council for acceptance of the
dedication by ordinance.
4.
Payment
of
any
fees in -lieu -of -dedication have
lbeen made to the
City
Finance
Department.
E. REFUND OF FEE. Any Daent of fees made pursuant to
,;this Section that have not been expended within five (5) years of
collection shall be refunded with interest at the rate applied to
j-j'ud ents to the property owners of record at the time of the
refund PROVIDED HOWEVER that if the Payment is not expended
'within five Years due to delay attributable to the developer, the
payment shall be refunded without interest.
F. APPEALS Appeals of dedication requirements or
fees -in -lieu -of -dedication imposed pursuant to this Section
12 04 450 shall be governed by the provisions of Chapter 2.54 of
the Kent City Code.
Section 3 Severability. The provisions of this
ordinance are declared to be separate and severable. The
invalidity of any clause, sentence, paragraph, subsection or
portion of this ordinance, or the invalidity of the application
thereof to any person or circumstance shall not affect the
validity of the remainder of this ordinance, or the validity of
its application to other persons or circumstances.
Emu-=
Section 4. Effective Date. This ordinance shall take
,effect and be in force thirty (30) days from and after its
,passage, approval and publication as provided by law.
DAN KELLEHER, MAYOR
ATTEST:
(BRENDA JACOBER, ACT NG CITY CLERK
:APPROVED AS TO FORM:
RO R A. LUBOVICH, CITY ATTORNEY
PASSED the / day of Q 2 ��� 1991.
'APPROVED they day of---L-i , 1991.
'PUBLISHED the day of , 1991.
I hereby certify that this is a true copy of Ordinances
'No. C� 7!passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as hereo�
indicated.
I
rr1.c�C��cJ GZ C¢^c SEAL)
BRENDA JACOBER, CTING CITY CLERK
9410-330
9 - -