Open Space Zone - 1st Reading of Ord. No. 24C-15

On October 15, 2024, the City Council will conduct the first reading of Ordinance No. 24C-15. This ordinance would establish a new Open Space Zone in Title 19 mercer Island City Code (MICC). The Open Space Zone is one of the implementing code amendments that will be adopted concurrently with the Comprehensive Plan periodic review.

Ordinance No. 24C-15 will implement the Open Space Zone by creating new sections of City Code (MICC 19.05.030 Open Space – OS and MICC 19.05.040 Open Space Development Standards), amending MICC 19.16.010 Definitions and MICC 19.01.040 Zone Establishment, and repealing and replacing MICC Chapter 19 Appendix D – Zoning Map. These code amendments align with amendments to the Land Use Map currently under consideration by the City Council as a part of the Comprehensive Plan Periodic Update. The proposed amendments to the development code and Zoning Map must be adopted concurrently with the Comprehensive Plan to ensure the code remains consistent with the Comprehensive Plan without any gaps in timing.

The scope of work for the Comprehensive Plan periodic review, adopted by the City Council in 2022, included creation of a new Parks Zone. A preliminary Parks Zone draft was presented to the PRC (PRC 24-01) and Planning Commission (PCB 24-01) in January 2024. After receiving feedback from the commissions and community, the City Manager directed staff to pause the legislative review process and return to the PRC for further discussion.

The PRC revisited the Parks Zone in March 2024 and provided a recommendation to staff to separate the Parks Zone planning work into two phases: the first phase to develop a new zone for City-owned public Open Space Lands, and the second phase to develop a new zone for other City-owned public park properties. The PRC recommended prioritizing the development of the Open Space Zone to be included as part of the 2024 Comprehensive Plan Periodic Update. The OSCT Board was invited to hold joint meetings with the PRC to provide input on the proposed Open Space Zone and the associated development regulations.

At the March 21, 2024, joint PRC/OSCT meeting, the PRC and OSCT each voted to approve a joint recommendation to the Planning Commission (PC) on the Open Space Zone and the associated development regulations.

At the May 8, 2024 PC meeting, City staff and the PRC and OSCT Chairs presented the PRC/OSCT recommendations and the draft development regulations, Zoning map, and Land Use Map to the Planning Commission (PCB 24-09). The PC had the opportunity to ask questions about the recommended draft, and commissioners were asked to submit written comments to staff following the meeting.

At the May 15, 2024 PC meeting, the PC reviewed the proposed amendments to the development regulations, Zoning Map and Land Use map (PCB 24-10). Written comments received prior to the meeting were discussed and a couple minor amendments were made by the PC. The PC approved a recommendation for amendments to the development regulations, Zoning Map and Land Use Map. The Land Use Map recommended by the PC was included in the draft Comprehensive Plan amendments considered during a public hearing on May 29, 2024. The PC approved a recommendation to the City Council including the amendments to the Land Use Map on June 12, 2024 (AB 6510).

On September 25, 2024, the PC held a public hearing on the Open Space Zone development regulations and Zoning Map amendments and approved a recommendation to the City Council (Exhibit 1). One person provided public comment during the hearing. Notice of the Planning Commission public hearing was published in the Mercer Island Reporter on August 21, 2024. The WA Department of Commerce was notified of the intent to adopt development code amendments on August 7, 2024. A State Environmental Policy Act (SEPA) determination of non-significance was issued on August 7, 2024, and the project was assigned SEPA register file number 202403416. The SEPA determination comment period was open from August 7 to 26, 2024; no comments were received.