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HomeMy WebLinkAbout2224Ordinance No. 2224 (Amending or Repealing Ordinances) CFN=644 — Public Works Construction/Improvement Passed 5/19/1980 Providing for Reasonable Public Improvements Directly Associated with Construction within the City Amended by Ord. 3927 (Sec. 6.02.010) ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, providing for reasonable public improvements directly associated with construc- tion within the city of Kent. rZ - WHEREAS certain areas of the City of Kent are inadequate- ly served by paved roadways, street lighting systems, sidewalks and walkways, curbs and gutters, storm drainage systems and other public improvements; and WHEREAS those individuals constructing buildings within the City of Kent should be responsible for the reasonable pro- vision of public improvements made necessary by their construc- tion; and WHEREAS the No Protest LID Agreement is the preferred process to use to insure timely and coordinated public improve- ments, NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF KENT DO HEREBY ORDAIN AS FOLLOWS: Section 1. Purpose. The purpose of this Ordinance is to establish: A. Authority of the City to require a building applicant to make reasonable public improve- ments, primarily through a No Protest LID Agreement process. B. Procedures that will be used to provide for public improvements by building permit ap- plicants. C. Criteria that will be used to determine the nature, extent and location of the required public improvements. Section 2. Scope. This Ordinance applied to each appli- cant for a building permit except the following: A. An applicant for a permit for a building on a lot legally subdivided after the effect- ive date of this Ordinance. B. An applicant for a permit to make an addi- tion, alteration or repairs of less than twenty thousand dollars ($20,000) in value to any structure. C. An applicant for a permit to make wholly in- terior improvements within an existing structure. Section 3. General. Based solely on the criteria of Section 5 of this Ordinance, the City'of Kent may require each ap- plicant for a building permit (the property fcr which a building permit is sought shall hereafter be referred to as "subject prop- erty") not otherwise exempted by this Ordinance to install or otherwise provide for the following public improvements within the public right-of-way: A. Paved roadways. B. Street lighting systems to provide illumina- tion of not more than 2 foot candles at the nearest edge of the paved roadway. C. Sidewalks and walkways on the same side of the street as the subject property. D. Curbs and gutters. E. Storm Drainage Systems. Section 4. Procedure.. A. General. After consultation with represen- tatives of the departments listed in Para- graph (B) of this Section, the Director of Public Works or his designate (hereafter, the "Director") shall tentatively determine: 1. whether to require the applicant (i) to sign an agreement not to protest the formation of or assessments under a fut- ure local improvement district (LID), and/ or (ii) to sign and record a covenant a- greeing to participate in an LID for any deferred public improvements required un- der this Ordinance, and/or (iii) to in- stall reasonable public improvments; and 2. the nature, extent and location of the public improvements that are to be pro- vided. The Director shall discuss the tentative deter- mination with the applicant in relation to the �M criteria of Section 5 of this Ordinance. After any necessary modifications, the Director shall inform the applicant of the final determination. B. Interdepartmental Review. Before making the final determination required by Paragraph (A) of this Section, the Director shall consult with and may incorporate or modify the recommenda- tions of representatives from the following de- partments of the City: 1. The Police Department 2. The Fire Department 3. The Planning Department 4. The Department of Parks and Recreation These representatives shall use only the criteria of Section 5 of this Ordinance to formulate their recommendations. Section 5. Criteria. The Director shall use only the following criteria in making the determinations required by Sec- tion 4 of this Ordinance. A. If the City Council, through an approved plan or policy, has, by ordinance or resolution, es- tablished the nature, extent and location of public improvements to be provided in the im- mediate vicinity of the subject property in question, the Director shall require public im- provements under this Ordinance consistent with the nature, extent, and location thereof as established by the City Council. B. If the City Councl has not so established the nature, extent, and location of public improve- ments in the vicinity of the subject property in question: 1. The Director shall require the appropriate public improvements if the Director has first explored alternatives to requiring the appli- cant to provide for the improvements and has .found these alternatives in his/her opinion not reasonably feasible, and if the Director additionally finds that; a) Similar public improvements already exist or are scheduled in the immediate vicinity - 3 - of the subject property; or b) the proposed use of the subject property necessitates the installation of the pub- lic improvements; or c) the subject property is located in close proximity to an activity center, defined as a park, school, commercial center, large employment center, large multifamily development, or any other public or private development where people or activities are concentrated; and that the required im- provements will enhance access to this activity center; and that it is in the best interests of the residents of the City of Kent to enhance access to this activity center; or d) physical characteristics of the subject property, including but not limited to topography, slope, soil type, drainage pattern,or vegetation, necessitate the installation of public improvements; or e) the public improvements are necessary to maintain water quality; or f) for any other reason, the public improve- ments are necessitated by a compelling public interest. If the Director requires the provision of public improvements under this subsection (1)(f), the Director shall make written findings and conclusions specifying the compelling public interest that necessitates the improvements and the manner in which these improvements will fulfill this compelling public interest. 2. The Director shall not require any public im- provement pursuant to this Ordinance unless such improvement is in accordance with speci- fications or standards approved by the Direc- tor and adopted by the City Council. In the event such specifications or standards have not been adopted by the City Council, then the specifications or standards established in the Kent Subdivision Ordinance shall apply - 4 - where applicable. Section 6. Deferral of Public Improvements. The Direct- or may defer the installation of public improvements required by the Director under this Ordinance where total compliance with those requirements would not be reasonable in the time construc- tion takes place, or wherever said construction, addition, or al- teration is located in an isolated area or where the adjoining or abutting improvements are substandard. For those deferred im- provements, the Director shall require the applicant to execute ar record a covenant document that insures the participation of the subject property's owner in any local improvement district (LID) formed for the construction of such improvements. Section 7. Enforcement. A. General. No Protest LID Agreements, cove- nants required pursuant to Section 6 of this Ordinance, or installation of public improve- ments required by the Director under this Ordinance shall be listed as a condition of and shall become part of the approved build- ing permit. B. Procedure. The provisions required by the Director under subsection (A) of this Section shall be enforced as part of the approved building permit. Section 8. Appeals. A. General. The determination of the Director shall be final, unless an appeal by the ap- plicant is made to the Hearing Examiner with- in fourteen (14) days after the Director's determination. Said appeal shall be in writing to the Hearing Examiner and filed with the Public Works Department. The Hear- ing Examiner shall act on said appeal within sixty (60) days unless an extension thereto is agreed to, in writing, by the applicant. The Hearing Examiner should review the deci- sion of the Public Works Director to assure compliance with this Ordinance, the general purposes of the Comprehensive Plan of the - 5 - City of Kent as well as all adopted ordi- nances, resolutions and standards. B. Fee. A fee of $25.00 shall be paid at the time of filing the written appeal. The ap- peal will not be accepted unless accompanied by full payment. C. The decision of the Hearing Examiner may be appealed to the City Council pursuant to the rules and procedures established for the Hearing Examiner under Ordinance 2180, as the same may be amended. Section 9. Severability. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. Section 10. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law.,' ISABEL HOGAN, ATTEST: GRAY, DEPUTY CITY CLERK APPROVED AS TO FORM: U r DONALD E. MIRK, CITY ATTORNEY PASSED the day of May, 1980. APPROVED the/ day of May, 1980. PUBLISHED the Ad day of May, 1980. 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 here- on indicated. ( SEAL) BETTY GRAY, DEPUTY CITY CLERK - 7 -