HomeMy WebLinkAbout2544ORDINANCE NO. a�c5
AN ORDINANCE of the City of"Kent,
Washington, relating to Planning and Zoning;
adding new Sections 15.02.088, 15.02..339,
15.02.252, 15.02.529, 15.02.336, 15.02.318,
15.08.260 Kent City Code, to provide
definitions, regulations and standards for the
Green River Corridor Special Interest District;
adding a new Section 12.12A.715_ Kent City Code,
to require environmental review in
Environmentally Sensitive Areas.
WHEREAS, THE Shoreline Management Act, R.C.W. 90.58, and
Kent's Shoreline Master Program create a shoreline district which
includes lakes, streams and tidal waters and uplands within 200
feet thereof; and is intended to protect and preserve shorelines
and adjacent uplands through development regulations; and
WHEREAS, the City Council of the City of Kent finds that
an additional corridor along the Green River, 800 feet beyond the
shoreline district is necessary arld appropriate in order to
protect, conserve and manage land upland of the Green River
through additional development regulations; and
WHEREAS, the Green River corridor regulations will
protect the land adjacent to the River and within the corridor
from land uses which would adversely affect the shoreline
environment; will preserve natural and/or constructed features
within the corridor which have historic, cultural or educational
significance; regulate land uses which produce high volumes of
traffic; and implement the adopted policies of the Valley Studies
Program; NOW THEREFORE
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. A new section, Section 15.08.260, Kent City
Code, is hereby established as follows:
15.08.260 GREEN RIVER CORRIDOR SPECIAL INTEREST DISTRICT.
REGULATIONS
A. Purpose. The Green River Corridor Special Interest
District (District) is hereby created to protect, conserve and
manage areas generally located on both sides of the Green River,
and to assure that urban development within the District is
compatible with the open, natural configuration of the Green Rivex
and its adjacent lands.
B. Location.
1. The Green River Corridor Special Interest
District is that area of the City 1000 feet from the ordinary higl
water line of the Green River; provided, the Shoreline Master
Program shall govern development within the first 200 feet of the
ordinary high water line of the river. .The District is more
particularly described as follows:
Two strips of lands each 800.00 feet in width
which begin at the north City limit line, on
March 4, 1985, and end at the south city limit
line, which said south line ends in Section 30,
Township 22N, Range 5E, W.M. Each strip shall
be measured from each side of the Green River
and the measurement shall be 200 feet from the
ordinary high water line of said river, all in
King County, Washin%ton; Except any portions
thereof lying outside of the Kent City Limits.
Provided, further, this District shall also include "Unique and
Fragile Areas" beyond the 1000 foot corridor. The above described
strips of land and the "Unique and Fragile Areas" are illustrated
on the "Hazard Area Development Limitations Map", attached hereto
as Exhibit A and by this reference incorporated herein.
2. Property Exemption. Property platted in
accordance with the Kent Subdivision Code, Ordinance 1840, before
March 2, 1981 (adoption of the Valley Studies) shall be exempt
from these provisions.
C. Unique and Fragile Overlay Zone.
1. Created. There is hereby created a "Unique and
Fragile" Overlay Zone. The location and boundaries of the zone to
be known as "Unique and Fragile Areas, Class I" and "Unique and
Fragile Areas, Class II" are more particularly described on the
Hazard Area Development Limitations Map, referred to above as
Exhibit A.
2. Purpose. The purpose of the overlay tone is
to implement the adopted policies of the Valley Studies Program.
3. Development Limitations.
a. Unique and Fragile Areas, Class I. Uses
within the "Unique and Fragile Areas, Class I" shall be limited to
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agricultural uses permitted in the A-1 (Agricultural) Zone,
K.C.C. 15.04.005 (Ord. No. 2488).
b. Unique and Fragile Areas, Class II.
"Unique and Fragile Areas, Class II" lie within a flood control
district and are specifically designated floodways and/or floodway
fringe areas. There shall be no disruption or destruction of
areas identified as "Unique and Fragile Areas, Class II" except
new dikes and levees constructed for public safety reasons. Such
improvements shall be designed so as not to intrude within "Unique
and Fragile Areas, Class II." Where Class II areas are not
surrounded by Class I areas, a 100 foot buffer shall be provided
between the Class II area and the allowed use.
D. Development Standards.
1. Green River Access. No building or lot within
the District shall be constructed or created without providing
access to the Green River via public sidewalks or a private trail
system. Such sidewalks or private trail systems shall connect to
riverside public trails or scenic'drives at intervals of 1,000
feet or less in industrial developments, and intervals of 500 feet
or less in residential developments.
2. Pedestrian Access in Residential Development.
In residential developments, pedestrian access to the Green River
shall be accomplished without crossing streets or roads, except
scenic and recreational roads, unless clearly shown to be
infeasible.
3. Parking Facilities. Parking facilities for
access to the Green River shall be located as near as practicable
to riverfront parks and/or historic sites and shall be clustered
in lots not exceeding 30 cars. Every public parking area shall be
visible from a street accessible to the public and be situated so
that the public can clearly see riverfront open space and gain
access to the public portion of that open space.
4. Payment in Lieu of Parking Facilities. The
City may accept or require payment in lieu of providing parking
facilities which are required as a condition of the issuance of
development permits.
5. Loading Dock Location. Loading Docks shall not
be constructed on river -facing sides of buildings located on
riverfront lots.
=M
6. Building Height. Buildings located outside the
200 foot Shoreline Management Zone but within the District shall
not exceed 35 feet in height.
7. Exterior Walls of Building. No building on any
riverfront lot shall have an exterior wall(s) parallel to, or
within 45 degrees of parallel to, the river which exceeds 200 feet
in length.
8. Sufficient Area.
a. Each riverfront lot within a subdivision
shall contain area sufficient to comply with minimum lot size
requirements of Chapter 15.04 K.C.C. and provide a public access
easement and "building setback line" as required by this section.
b. No subdivision of Professional and Office
(0), General Commercial (GC), Industrial Agricultural (MA),
Industrial Park (M1) and Limited Industrial (M2) zoned land shall
be approved unless each lot within the subdivision has an upland
boundary at least 500 feet from the ordinary high water line of
the river.
9. Vegetation Buffer.
a. A permanent vegetation buffer, in
accordance with Section 15.07.050C, Landscaping Type III, shall be
maintained or established for each building or use within the
District. Any materials storage yard, truck maneuvering area,
equipment parking area, junk yard, refuse storage or similar use
within the District shall install such a permanent vegetative
buffer between the use and the Green River within two years of the
effective date of this ordinance.
b. Landscape screening and buffer strips
shall be planted in order to be harmonious with those already
planted on adjacent properties and consistent with the Kent
landscaping requirements, Chapter 15.07 KCC.
10. Rail Lines. No rail lines shall be permitted
within 500 feet of the Green River; PROVIDED, however, rail lines
shall be permitted to within 300 feet of the Green River in those
locations specified on Exhibit B, attached hereto and by this
reference incorporated herein, such locations having been found to
be best suited to rail.
11. Road Access. All new lots and buildings shall
be designed with primary street access to streets other than
Scenic and Recreational Roads, unless no other access is available
12. Street Connections. Development shall include
no street connections to Scenic and Recreational Roads, unless no
other access is available.
13. Utilities. Utilities shall be installed in
accordance with Chapter 7.10 KCC (Ordinance 1695, as amended).
14. Surface Drainage Facilities. Surface drainage
facilities such as drainage channels and retention areas shall be
designed to applicable City standards and shall be integral parts,
if possible, of any common trail and open space system connections
to the riverfront.
E. Performance Standards.
1. Fish and Game Requirements. The applicant
shall comply with applicable requirements of the State Department
of Fisheries and State Department of Game for preventing and
mitigating adverse impacts on fish and wildlife resources and
enhancing wildlife habitat.
2. Flood Control Works. If City funds are used in
the construction of flood control works (dikes, levees, flood
walls), public rights -of -access to such works shall be dedicated
prior to construction, where practicable.
Section 2. A new section, Section 15.02.339 is
hereby established as follows:
Road, Scenic and Recreational. Russel and
Frager Roads shall be designated as Scenic and Recreational Roads.
Section 3. A new section, Section 15.02.252 is
hereby established as follows:
Lot, Riverfront. Any lot or land parcel which
is adjacent to the Green River, a scenic and recreational road, a
riverfront road or a riverfront park.
Section 4. A new section, Section 15 02.529 is
hereby established as follows:
Unique and Fragile Area. An area of special
environmental significance for wildlife habitat-, threatened plant
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communities, and/or natural scenic quality. The geographic
boundaries of these areas are officially delineated on the "Hazard
Area Development Limitations" map, referred to above as Exhibit A.
Section 5. A new section, Section 15.02.336 is
hereby established as follows:
Revegetation. The planting of vegetation to
cover any land areas which have been disturbed during
construction. This vegetation shall be maintained to insure its
survival and shall be consistent with planting requirements of the
Kent landscape regulations, Chapter 15.07, K.C.C.
Section 6. A new section, Section 15,02.318 is
hereby established as follows:
Park, Riverfront. A publicly -owned open space
which lies along the Green River, along a scenic and recreational
road.
Section 7. A new section, Section 12.12A.715
K.C.C. is added as follows:
12.12A.715. ENVIRONMENTALLY SENSITIVE AREAS.
A. Water Quality and Hazard Area Development Map and
Hazard Area Classifications.
tel. WAC 197-11-908 is hereby adopted by reference.
2. The map(s) filed under KCC 15.08.222, entitled
"Water Quality and Hazard Area Development Map," and "Hazard Area
Classifications under KCC 15.08.224" designate the location of
environmentally sensitive areas within the City and are adopted by
reference. Within those environmentally sensitive areas, the
following exemptions of WAC 197-11-800 are inapplicable: (1), (2)
(a -h), (3), (6)(a), (24) (a) through (g). Unidentified exemptions
shall continue to apply within environmentally sensitive areas of
the City.
Section 8. The provisions of this ordinance
are declared to be separate and severable. The invalidity of any
clause, sentence, paragraph, subdivisions, section 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 the ordinance, or the validity or its application to
other persons or circumstances.
Section 9. Any act consistent with the
authority and prior to the effective date of this ordinance is
hereby ratified and confirmed.
Section 10. Effective Date. This ordinance
shall take effect and be in force five (5) days from and after its
passage, approval and publication as provided by law.
ATTEST:
MARIE JENSFN) CITY CLERK
APPROVED AS TO FORM:
P.
4ffiPaj�RliJULIO, /CITY ATTORNEY
PASSED the day of ,f�j 1985.
APPROVED the _day of 1985.
PUBLISHED the day of f22atec& . 1985.
I hereby certify that this is a true copy of Ordinance
No.pa'S 4'4 , passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as hereor.
indicated.
2360-100
(SEAL)
MARIE JENSEN, CITY CLERK
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EXHIBIT B-1
Strip No. 1
A strip of land 50.0 feet in width, situate in the Northeast
Quarter (NE;) of Section 15, Township 22 North, Range 4 East, of the
Willamette Meridian, King County, State of Washington, bounded and
described as follows:
Commencing at the north quarter corner of Section 14,
Township 22 North, Range 4 East of the Willamette Meridian;
thence along the north line of said Section, North 88 degrees
59 minutes 21 seconds West, 720.32 feet to a point on the east line
of the D. A. Neely Donation Land Claim;
thence along the east line of said Donation Land Claim,
South 01 degree 05 minutes 47 seconds West, 149.32 feet to a point
on the south line of that certain parcel of land conveyed to Puget
Sound Power & Light Company by Statutory Warranty Deed, dated
June 1, 1962, and recorded under Auditor's File. No. 5436672, Records
of said County;
thence along the south deeded parcel, North 89 degrees
13 minutes 00 seconds West, 2,345.01 feet to the TRUE POINT OF
BEGINNING;
thence South 15 degrees 12 minutes 11 seconds West,
51.63 feet;
thence North 89 degrees 13 minutes 00 seconds West,
206.51 feet;
thence North 15 minutes 12,.minutes 11 seconds East,
51.63 feet to a point on the south line of said parcel deeded
to Puget Sound Power & Light Company;
thence along said south line, South 89 degrees 13 minutes
00 seconds East, 206.51 feet to the TRUE POINT OF BEGINNING.
Strip No. 2
A strip of land 50.O feet in width, situate in the Southeast
Quarter (SE4) of Section 10, Township 22 North, Range 4 East, of the
Willamette Meridian, King County, State of Washington, bounded and
described as follows:
Commencing at the south quarter corner of Section 11,
Township 22 North, Range 4 East of the Willamette Meridian;
thence along the north -south centerline of said
Section 11, North 01 degree 01 minutes 28 seconds East, 280.00 feet
to a point on the northerly right-of-way line of Puget Sound
Power & Light Company;
EXHIBIT B-2
thence along said northerly right-of-way line the
following three (3) courses:
1) South 79 degrees 23 minutes 56 seconds West,
735.24 feet;
2) South 82 degrees 48 minutes,44 seconds West,
950.67 feet; '
3) North 89 degrees 13 minutes 00 seconds West,
1,340.95 feet to the TRUE POINT OF BEGINNING;
thence continuing along said northerly right-of-way line,
North 89 degrees 13 minutes 00 seconds West, 214.56 feet;
thence North 22 degrees 01 minute 04 seconds East,
53.64 feet;
thence South 89 degrees 13 minutes 00 seconds East,
214.56 feet;
thence South 22 degrees 01 minutes 04 seconds West,
53.64 feet to the TRUE POINT OF BEGINNING.
Strip No. 3
A strip of land 50.0 feet in width, situate in the Southwest
Quarter (SW4) of Section 11, Township 22 North, Range 4 East, of the
Willamette Meridian, King County, State of Washington, bounded and
described as follows:
Commencing at the center of said Section 11;
thence along the east -west centerline of said Section 11,
North 89 degrees 17 minutes 53 seconds West, 1,372.95 feet;
thence South 00 degrees 51 kninutes 23 seconds West,
499.06 feet;
thence North 89 degrees 08 minutes 37 seconds West,
566.84 feet to the TRUE POINT OF BEGINNING;
thence South 39 degrees 56 minutes 30 seconds West,
66.05 feet;
thence North 89 degrees 08 minutes 37 seconds West,
257.66 feet;
thence North 39 degrees 56 minutes 30 seconds East,
66.05 feet;
thence South 89 degrees 08 minutes 37 seconds East,
257.66 feet to the TRUE POINT OF BEGINNING.
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