HomeMy WebLinkAbout4120ORDINANCE NO.
AN ORDINANCE of the City Council of the
city of Kent, Washington, amending Section
15.08.260 of the Kent City Code to revise
development standards of the Green River Corridor
District relating to building height and length.
Green River Corridor District Zoning Code
Amendment (ZCA-2014-3).
RECITALS
A. In 1981, the Kent City Council approved the Valley Studies
Program creating the Green River Corridor Special Interest District to
protect, conserve and manage areas generally located on both sides of the
Green River, and to ensure that urban development within the district is
compatible with the open nature configuration of the Green River and its
adjacent lands.
B. On March 19, 1985, the City Council adopted Ordinance No.
2544 in order to provide definitions, regulations and standards for the
Green River Corridor Special Interest District,
C. Since 1985, significant changes to development regulations
U" environmentally sensitive lands and the creation of the Green River
Natural Resources Enhancement Area have resulted in the protection of a
substantial portion of the east side of the Green River Corridor Special
Interest District from future urban development.
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D. The purpose of the Green River Corridor Special Interest
District has been met by a land use pattern which is compatible with the
open natural configuration of the Green River and its adjacent lands, and
few undeveloped industrial properties remain within the Green River
Corridor.
E. On May 171 20051 the City Council adopted Ordinance No.
3750, which applied building height limitations only to riverfront lots in the
corridor and changed the name of the Green River Corridor Special
Interest District to the Green River Corridor District,
F. While crafting the Downtown Subarea Action Plan ("DSAP")
and expanding the downtown boundaries west of State Route 167, staff
noted that Green River Corridor District requirements contained in Section
15.08.260 of Kent City Code ("KCC") limit building height to 35 feet and
limit building length to 200 feet within 1,000 feet of the Green River. The
height standard conflicts with the new 65 foot height limit applied by the
DSAP to the GC -MU zoning district, which includes portions of the
downtown planning area that are also located within the Green River
Corridor District.
G. Among other restrictions, the City's Shoreline Master Program
("SMP") restricts buildings within 200 feet of the Green River to 35 feet in
height, if views are impaired.
H. Zoning district development standards contained in Chapter
15.04 KCC also apply to riverside lands, and contain height limitations that
vary by zoning district. Most zones, except GC -MU, limit height to 35 or 40
feet.
I. Zoning districts, the SMP, and the Green River Corridor
District standards contain overlapping building height regulations, creating
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an opportunity for simplification and elimination of inconsistencies within
the code.
J. The Green River Corridor District regulations restrict bungs
within the corridor to no more than 200 feet in length; however, bungs
located in several industrial zones are allowed to exceed 200 feet in length
if vegetative screening is provided.
K. As development intensity in commercial zones is similar to
that in industrial zones, also exempting GC -MU (the only commercial zone
in the corridor) from this building length standard is logical.
L. The SMP already requires a 15 foot landscape buffer between
new buildings or parking lots and the Green River Trail.
M. Development in the GC -MU zoning district also must comply
with mixed use design guidelines, which address blank walls.
N. In light of shoreline landscaping requirements and design
guidelines, amending the building length exception to include GC -MU is
logical.
O. On June 16, 2014, notice was sent to the Washington State
Department of Commerce requesting expedited review for an amendment
to the development regulations. On July 2, 2014, the City was granted
expedited review and was informed that it had met the Growth
Management Act (GMA) notice requirements under RCW 36.70A.106,
P. On June 9, 2014 and July 14, 2014, the Land Use and
Planning Board (��LUPB") held workshops to discuss revisions to the Green
River Corridor District regulations.
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Q. On July 23, 2014, the City's State Environmental Policy Act
(SEPA) Responsible Official issued a Determination of Nonsignificance for
revisions to the Green River Corridor District regulations.
R. The LUPB held a public hearing on July 28, 2014, and moved
to recommend revisions to the Green River Corridor District regulations to
the City Council.
S. The Economic & Community Development Committee
considered the LUPB's recommendation at a meeting on August 11, 2014
and forwarded its own recommendation to the full City Council.
T. The City Council concurs with the LUPB and finds that
amendments to the Green River Corridor District regulations would
eliminate duplication and inconsistencies within the Kent City Code and
assist the public by allowing more flexibility in site design for the few
remaining developable sites near the Green River,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION Z. -Amendment.
Code is hereby amended as follows:
Section 15.08.260 of the Kent City
Sec. 15.08.260. Green River Corridor district regulations.
A. Purpose. The Green River Corridor district is hereby created to
protect, conserve, and manage areas generally located on both sides of
the Green River, and to ensure that urban development within the district
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is compatible with the open natural configuration of the Green River and its
adjacent lands.
B. Location.
1. The Green River Corridor district is that area of the city one
thousand (1,000) feet from the ordinary high-water line of the Green
River; provided, that the shoreline master program shall govern
development within the first two hundred (200) feet of the ordinary high-
water line of the river. The district is more particularly described as
follows:
Two (2) strips of land each eight hundred (800) feet in width which
begin at the north city limit line, on March 4, 1985, and end at the south
city limit line, which south line ends in Section 30, Township 22 North,
Range 5 East, W.M. Each strip shall be measured from each side of the
Green River and the measurement shall be two hundred (200) feet from
the ordinary high-water line of the river, all in King County, Washington;
except any portions thereof lying outside of the city limits.
2. Property exemption. Property platted in accordance with the
city subdivision code, Ordinance No. 1840, before March 2, 1981 (adoption
of the Valley Studies), shall be exempt from the provisions of this section.
C. 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 one thousand (1,000) feet or less in industrial developments, and
intervals of five hundred (500) feet or less in residential developments.
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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 fac///ties. Parking facilities for access to the Green
River shall be located as near as practicable to riverfront parks or historic
sites and shall be clustered in lots not exceeding thirty (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 unless a minimum fift
y (50) foot buffer of
native vegetation is provided to screen the loading docks from the
shoreline, unless otherwise required by the Kent shoreline master
program. Other design and landscaping requirements may be imposed by
the planning manager to meet the purpose of the Green River Corridor
district.
�6. Exterior wa//s of bui/dings. No building on any riverfront lot
shall have an exterior wall parallel to, or within forty-five (45) degrees of
parallel to, the river which exceeds two hundred (200) feet in length,
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�6. Exterior wa//s of bui/dings. No building on any riverfront lot
shall have an exterior wall parallel to, or within forty-five (45) degrees of
parallel to, the river which exceeds two hundred (200) feet in length,
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except as follows: buildings on riverfront lots in the MA, M1, M1 -C, M21
GC -MU and M3 zoning districts may have exterior walls parallel to, or
within forty-five (45) degrees of parallel to, the river which exceed two
hundred (200) feet in length, provided they are screened by a vegetative
buffer per subsection (C)(9)(c) of this section.
$7. Lots.
a. Each riverfront lot within a subdivision shall contain
area sufficient to comply with minimum lot size requirements of Ch. 15.04
KCC 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 five hundred (500) feet
from the ordinary high-water line of the river.
98. Vegetation buffer.
a. A permanent vegetation buffer, in accordance with KCC
15.07.050(C) pertaining to 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, junkyard,
refuse storage, or similar use within the district shall install such a
permanent vegetative buffer between the use and the Green River within
two (2) years of the effective date of the ordinance from which this section
is derived.
b. Landscape screening and buffer strips shall be planted
in order to be harmonious with those already planted on adjacent
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properties and consistent with the city landscaping requirements as set out
in Ch. 15.07 KCC.
c. Buildings on I VC;1 ront lots in industrial zoning districts
which have exterior walls exceeding two hundred (200) feet in length
parallel to, or within forty-five (45) degrees of parallel to, the river must
be screened by a vegetation buffer. This vegetative buffer shall be located
along the length of the property line located parallel to, or within forty-five
(45) degrees of parallel to, the river, for a minimum depth of twenty (20)
feet in accordance with type III, visual buffer landscape standards
pursuant to KCC 15.07.050(C). In addition, an earth berm of a minimum
of forty-eight (48) inches in height must be provided for.
x-99. Rail lines. No rail lines shall be permitted within five hundred
(500) feet of the Green River; provided, however, rail lines shall be
permitted to within three hundred (300) feet of the Green River in those
locations specified on Exhibit B attached to the ordinance from which this
section is derived and by this reference incorporated in this section, such
locations having been found to be best suited to rail.
310. Road access. All new lots and buildings shall be designed with
primary street access to streets other than scenic and recreational roads,
uNess
no other access is available.
-1-211. Street connections. Development shall include no street
connections to scenic and recreational roads, unless no other access is
available.
KCC.
X12. Utilities. Utilities shall be installed in accordance with Ch. 7.10
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X13. 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.
D. 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 such as dikes, levees, or floodwalls, public rights of
access to such works shall be dedicated prior to construction, where
practicable.
SECTION 2. -Corrections by City Clerk or Code Reviser. Upon
approvaI
of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering$
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION 3. -Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this
ordinance and that remaining portion shall maintain its full force and
effect.
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SECTION 4, - Effective Date. This ordinance shall take effect and
be in force five (5) days after its passage and publication, as provided by
I ;IAi_
M BRUBA
PASSED:
R, CITY ATTORNEY
day of
APPROVED: /
s`
2014.
2014.
PUBLISHED: day of ��r��f� , 2014.
I hereby certify that this is a true copy of Ordinance No. '�f��
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
P:\CWII\Ordlnan<e\Green Rlver [oMdor DlsMtt Zoning Code Amendment Flnal.doa
(SEAL)
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