Loading...
030-19 - Ordinance - Adopting New Section 20.100.130 to Provide Requirements for Onsite Recreation SpaceoRDTNANCE NO.030-19 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING NEW SECTION 20.100.130 OF THE PORT ORCHARD MUNICIPAL CODE TO PROVIDE REQUIREMENTS FOR ONSITE RECREATION SPACE IN NEW RESIDENTIAL SUBDIVISIONS; PROVIDING FOR SEVERABILITY, CORRECTIONS, AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, Title 20 (Unified Development Code) of the Port Orchard Municipal Code (POMC) was adopted on June 13,2017 (Ordinance 019-17); and WHEREAS, the City of Port Orchard may adopt amendments to the City's development regulations pursuant to RCW 36.70A.106; and WHEREAS, the City Council wishes to establish requirements for new residential subdivisions to provide onsite recreational space for their residents; and WHEREAS, City staff have prepared a new section 20.100.130 of the Port Orchard Municipal Code to enact these requirements; and WHEREAS, on May 10, 2019, the City provided the Department of Commerce with the required 60-day notice ofthe City's intent to amend Title 20 to require new residential subdivisions to provide onsite recreation space; and WHEREAS, on May 20, 2019, the City issued a SEPA Determination of Non-Sign ifica nce, and no comments or appeals were received; and WHEREAS, the Planning Commission held a public hearing on June 4, 2019; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOILOWS: SECTION 1. Findings. The City Council hereby adopts the above recitals as findings in su pport of th is ord inance. SECTION 2. New POMC Section - 20.100.130. A new section 20.100.130 is added to Chapter 20.100 (Development Standards - Subdivision Design) of the Port Orchard Municipal Code as follows: 20.100.130 On-site recreation space for subdivisions. Ordinance No. 030-19 Page 2 of 5 (1) Purpose. The purpose of this chapter is to ensure that adequate, usable, passive and active recreational opportunities are provided for residents of new subdivisions. (2) Applicability. On-site recreation space shall be provided for new residential subdivisions consisting of ten or more new dwellings. The establishment of backyard cottages or accessory dwelling units shall not trigger requirements for additional on-site recreation facilities when those building types are constructed within an existing su bdivision. (3) On-site open space quantity requirements. (a) On-site recreation space shall be provided in accordance with Table 20.100.130 (3). Table 20.100.130 (3): * To illustrate the implementation of Table 20.100.130 (3), a 110 lot subdivision would require 300 square feet of open space per unit for the first 40 units, 250 square feet of open space for the next 60 units, and 150 square feet of open space for the final 10 units. (40*300)+(60*250)+(10* 150)= 28,500 square feet of required open space for a 110 lot subdivision. (b) The requirements in Table 20.100.130 (3) may be reduced by up to fifty percent (50%) for residential development that is located within one-quarter mile walking distance of a public park. The director shall determine the amount of reduction based on the following: (i) The availability of safe pedestrian facilities connecting the development to the park; (ii) The ability of the park facilities to accommodate additional usage by residents of the development; and Number of Dwelling Units in Su bdivision Amount of on-site recreation space required per each dwelling u nit 10-40 300 sq ft 41- 100 250 sq ft Units over 100 150 sq ftI Ordinance No. 030-19 Page 3 of 5 (iii) The number of park facilities located within one-quarter mile d ista nce. (a) On-site recreation open space shall be designed as follows: (i) On-site recreation open space shall be located in a separate tract from the residential dwellings; shall have an undivided ownership interest by the homeowners of the development; and shall have a deed restriction recorded for the tract that restricts the use of the tract to recreational uses; (ii) At least forty percent (40%) ofthe total required on-site recreation open space shall be consolidated in one location within the development; (iii) At least seventy-five percent (75%) ofthe total required on- site recreation open space shall be located outside of critical areas other than buffers identified in POMC 20.162; (iv) On-site recreation open space shall be developed for active and passive uses. At least fifty percent (50%) ofthe on-site recreation open space shall be designed and improved for one or more active uses. When an area of on- site recreation open space is designed and improved for active uses other than improved pedestrian or bicycle paths with hard surfaces, the average width of the area shall be at least equal to half of the average length of the area. Active uses include, but are not limited to: (A) Playgrounds developed with children's play equipment; (B) lmproved pedestrian or bicycle paths with hard surfaces; (C) Sports fields (such as soccer or softball fields), with associated improvements; (D) lndoor or outdoor sports courts (such as volleyball, basketball or tennis courts), swimming pools, and similar facilities; (E) Picnic areas with permanent tables, benches or gazebos; (F) Community clubhouse and meeting facilities; (G) Community gardens for use by the residents; (4) On-site Open Space Design. Ordinance No. 030-19 Page 4 of 5 (H) Plazas with lighting, artwork, and sitting space for pedestrians at four or more spaces for every required 100 square feet of area; and (l) Other similar uses approved by the director. (v) Passive uses include critical areas that cannot be developed, nature interpretive areas, bird watching facilities, unimproved trails, and similar uses approved by the director; (vi) The following drainage facilities may be counted as on- site passive recreation space: (A) Unfenced detention, retention and wet ponds, provided that pathways and viewing areas surround the pond; (B) Stormwater treatment wetlands; (C) Stormwater infiltration trenches and bioswales that serve more than one dwelling; and (D) Vegetated areas located above underground detention facilities. (vii) No on-site recreation open space tract shall contain less than 700 square feet in area; (viii) On-site recreation open space shall have at least 50 feet of frontage on a public right-of-way or private street tracU (x) lf a single active on-site recreation open space tract is provided, it shall be centrally located within the subdivision, so that it is within one-quarter mile walking distance for at least ninety percent (90%) of the dwelling units. lf the subdivision area is too large for this standard to be met with one recreation open space tract, an additional recreation open space tract or tracts shall be required. (xi) Access for pedestrians shall be provided from all dwellings within the development to the on-site recreation space through trails, sidewalks, pathways and other similar means of access; and (ix) All recreation open space tracts shall be developed, landscaped and maintained so that a high level of visibility is provided from the public right-of- way or private street tract to playgrounds and other areas intended primarily for use by children; Ordinance No. 030-19 Page 5 of 5 (xii) On-site recreation space shall not include privately owned yards. SECTION 3. Severabilitv. Should any section, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid by a court, board, or tribunal of competent jurisdiction, for any reason, or should any portion of this ordinance be pre-empted by state or federal law or regulation, such decision or preemption shall not affect the validity ofthe remaining portions of this ordinance or its application to other persons or circumstances. SECTION 4. Corrections. U pon the approval of the City Attorney, the City Clerk is authorized to make any necessary corrections to this ordinance including, but not limited to, the correction of scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers, and any reference thereto. SECTION 5. Effective Date Publication. This ordinance shalltake effect and be in fullforce and effect five days after publication, as provided by law. An approved summary ofthis ordinance consistinB ofthe title shall be published in the official newspaper ofthe City. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 13th day of August 2019. Robert Put aansuu,Mayor nP'l'? o RFO oi!tk,,.;;wATT Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: ron Cates, City Attorney PUBLTsHED: X ttzltt EFFECTVE onrr' f,/2K Scott Diener, Councilmember ,:? : SEAL R1.. SPONSORE BY: q zu14 \,e F NOTICE OF CIW OF PORT ORCHARD ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held August 13, 2019. oRDtNANCE NO.030-19 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING NEW SECTION 20.100.130 OF THE PORT ORCHARD MUNICIPAT CODE TO PROVIDE REQUIREMENTS FOR ONSITE RECREATION SPACE IN NEW RESIDENTIAT SUBDIVISIONS; PROVIDING FOR SEVERABILITY, CORRECTIONS, AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. Copies of Ordinance No. 030-19 are available for review at the office of the City Clerk of the City of Port Orchard. Upon written request, a statement of the full text of the Ordinance will be mailed to any interested person without charge. Thirty days after publication, copies of Ordinance No. 030 19 will be provided at a nominal charge. City of Port Orchard Brandy Rinearson City Clerk Published: Friday, Aueust 23, 2019