HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 05/16/2000 City of Kent City Council Meeting
Agenda
O
KEN T
WASH I N G T O N
Mayor Jim White
Counci/members
Leona Orr, President
Sandy Amodt Connie Epperly
Tom Brotherton Judy Woods
Tim Clark Rico Yingling
May 16, 2000
Office of the city clerk
SUMMARY AGENDA
KENT CITY COUNCIL MEETING
K EN T May 16, 2000
W,5„i„ATOM Council Chambers
7 : 00 p.m.
MAYOR: Jim White COUNCILMEMBERS : Leona Orr, President
Sandy Amodt Tom Brotherton Tim Clark
Connie Epperly Judy Woods Rico Yingling
1 . CALL TO ORDER/FLAG SALUTE
2 . ROLL CALL
3 . CHANGES TO AGENDA
A. FROM COUNCIL, ADMINISTRATION, OR STAFF
B. FROM THE PUBLIC
4 .�u11 PUBLIC COMMUNICATIONS
A. Proclamation - Kent Kiwanis 70th Anniversary Week
B. Proclamation - Public Works Week
C. Proclamation - Mental Health Month
D. Proclamation - Peace Officer Memorial Week
E. Proclamation - Emergency Medical Services Week
F. ChemCentral Presentation
5 . PUBLIC HEARINGS
None
6 . CONSENT CALENDAR
A. Minutes - Approval
B. Bills - Approval
C. LID 351, S . 277th Corridor, Final Assessment Roll -
ordinance 350R
D. Year 2001 Community Development Block Grant Funding
Levels - Approve
E . Valley Com PDA - Ordinance 35/0
F. Security System Agreement with Honeywell - Accept
G. Art Project at Clark Lake by Ruth Tomlinson - Approve
H. Green River Nursery/Greenhouse/Hoophouse - Accept as
Complete
I . ChemCentral, Recovery of Funds
7 . OTHER BUSINESS
A. SeaTac Air Flight Traffic Study - Resolution 1671
B. Subdivision Code Amendment - Ordinance 35-I/
C . Pacific Coast Feather Company Non-Recourse Bonds -
Resolution oil }i 01F - ac:hLAS L' C.Pna�n. C'+� V1'1a.� 2, L.crt'c
m . p PGSe.
8 . BIDS G
A. Lindental Pump Station
B. Nursery Fencing
C. Chestnut Ridge Structure (s) Demolition
(continued next page)
SUMMARY AGENDA CONTINUED
9 . REPORTS FROM STANDING COMMITTEES AND STAFF
10 . REPORTS FROM SPECIAL COMMITTEES
11 . CONTINUED COMMUNICATIONS �eq f o I e cic
12 EXECUTIVE SESSION 6. Mar fin NO r 3 �m5
A. Property Acquisition 5 Z-7 7
13 . ADJOURNMENT z
NOTE : A copy of the full agenda packet is available for perusal in
the City Clerk' s Office and the Kent Library.
An explanation of the agenda format is given on the back of this
page .
Any person requiring a disability accommodation should contact the
City Clerk' s Office in advance at (253) 856-5725 . For TDD relay
service call the Washington Telecommunications Relay Service at
1-800-833-6388 .
CHANGES TO THE AGENDA
Citizens wishing to address the Council will, at this time,
make known the subject of interest, so all may be properly
heard.
A) FROM COUNCIL, ADMINISTRATION, OR STAFF
B) FROM THE PUBLIC
PUBLIC COMMUNICATIONS
A) PROCLAMATION - KENT KIWANIS 70TH ANNIVERSARY WEEK
B) PROCLAMATION - PUBLIC WORKS WEEK
C) PROCLAMATION - MENTAL HEALTH MONTH
D) PROCLAMATION - PEACE OFFICER MEMORIAL WEEK
E) EMERGENCY MEDICAL SERVICES WEEK
F) CHEMCENTRAL PRESENTATION
CONSENT CALENDAR
6 . City Council Action:
Councilmember moves, Councilmember
seconds that Consent Calendar Items A through I be approved.
Discussion
Action
6A. Approval of Minutes .
Approval of the minutes of the regular Council meeting of
May 2 , 2000 .
6B. Approval of Bills .
Approval of payment of the bills received through April 28
and paid on April 28, 2000, after auditing by the Operations
Committee on May 2 , 2000 .
Approval of checks issued for vouchers :
Date Check Numbers Amount
4/28/00 233888-234137 $ 288 , 341 . 00
4/28/00 234137-234647 2 , 853 , 194 . 10
$3 , 141, 535 . 10
Approval of checks issued for payroll of April 15 and paid on
April 20, 2000 :
Date Check Numbers Amount
4/20/00 243147-243444 $ 267, 495 . 41
4/20/00 93974-94587 927 , 478 . 76
$1, 194 , 974 . 17
Council Agenda
Item No . 6 A-B
Kent , Washington
May 2 , 2000
The regular meeting of the Kent City Council was called to order
at 7 : 00 p.m. by Mayor White . Present : Councilmembers Amodt ,
Brotherton, Clark, Epperly, Orr, Woods and Yingling, Operations
Director McFall, City Attorney Lubovich, Fire Chief Angelo, Police
Chief Crawford, Public Works Director Wickstrom, Parks Director
Hodgson, and Finance Director Miller. Approximately 115 people
were at the meeting.
CHANGES TO Councilmember Amodt removed Item 6C from the
THE AGENDA Consent Calendar. Councilmember Woods added Other
Business Item 7A. At the request of Martin Plvs,
3004 S . 256th, Kent, Items 11A, 11B and 11C were
added to the agenda.
PUBLIC Drinking Driver Task Force Poster Design
COMMUNICATIONS Recognition Awards . Nancy Mathews introduced
Drinking Driver Task Force members and Rick
Martin, a teacher at Mattson Junior High who has
had winning posters from his students for at least
twelve years . She, Mayor White, Councilmember
Woods, and Police Chief Crawford then presented
the awards to the winners .
Government Finance Officers Association. Mayor
White presented John Hillman with a Certificate
of Achievement Award for Excellence in Financial
Reporting for the City' s Comprehensive Annual
Financial Report for the fiscal year ending
December 31 , 1998 . Finance Director Miller
thanked the Council for their support of the
program and noted that the Certificate of
Achievement is a national award. McFall pointed
out that the City receives this award consistently
and commended the Finance Department . Mayor White
concurred.
E=lovee of the Month. The Mayor announced that
Derek Smith has been selected as Employee of
the Month for May. He noted that Derek is a
Prosecuting Attorney in the Family Violence Unit
and volunteers as a prosecuting liaison at Student
Traffic Court . He noted that Derek' s profes-
sionalism and accuracy are key in demonstrating
the "Kent Cares" philosophy. City Attorney
Lubovich added that Smith is truly dedicated to
1
Kent City Council Minutes May 2 , 2000
PUBLIC prosecution, and that he is supportive, willing
COMMUNICATIONS and capable. Lubovich thanked him and offered
congratulations .
Arson Awareness Week. Mayor White noted that
arson is one of the nation' s most devastating
crimes in terms of financial and personal loss and
that special recognition is due for the efforts of
the men and women in fire and law enforcement
agencies for their dedication and professionalism.
He proclaimed the week of May 1-7 , 2000 as Arson
Awareness week and encouraged citizens to endeavor
to reduce arson in neighborhoods, businesses and
schools . Fire Chief Angelo accepted the pro-
clamation and thanked the Council , the Police
Department, the School District and citizens for
their support .
Foster Care Month. Mayor White declared the month
of May 2000 as Foster Care Month in the City of
Kent, noting that in Washington there are over '
6, 000 children and youth in foster care, and over
6 , 000 foster families who open their homes and
hearts to children. He urged all citizens to
volunteer their talents and energies on behalf of
children in foster care, foster parents, and child
welfare staff . He presented the proclamation to
Ruth Graham, who expressed appreciation for this
recognition.
Letter Carrier' s Food Drive Day. The Mayor read a
proclamation noting that the eighth annual
nationwide food drive will be held on Saturday,
May 13 , 2000 . He added that the food collected
will be distributed to the Kent Community and
Springwood Foods Banks and to the church sponsored
Storehouse 98042 . He proclaimed May 13 , 2000 as
Letter Carrier' s Food Drive Day and called upon
all citizens to join NALC Branch 2038 in working
to aid those in need by participating in the food
drive . The proclamation was presented to Karen
Kirkmeyer Wilson, who explained the program.
2
Kent City Council Minutes May 2 , 2000
CONSENT ORR MOVED that Consent Calendar Item A through 0
CALENDAR be approved, with the exception of Item C which
was removed by Councilmember Amodt . Woods
seconded and the motion carried.
MINUTES (CONSENT CALENDAR - ITEM 6A)
Approval of Minutes . APPROVAL of the minutes of
the regular Council meeting of April 18 , 2000 .
PUBLIC WORKS (CONSENT CALENDAR - ITEM 6D)
Pacific Highway Land Acquisition, State Aid
Agreement. AUTHORIZATION for the Mayor to sign
the State Aid Agreement approving the State to act
as the City' s agent per land acquisition and
relocation matters for the Pacific Highway South
improvement project, as recommended by the Public
Works Committee .
(CONSENT CALENDAR - ITEM 6E)
Temporary Construction Inspector. APPROVAL of a
budget amendment to the 2000 budget adding one
temporary construction inspector. The position is
to be paid from permit fees collected on the METRO
Phase III Sewer Interceptor, and will terminate at
the conclusion of the project .
(CONSENT CALENDAR - ITEM 60)
3 . 5 Million Gallon Water Tank. ACCEPT the 3 . 5
Million Gallon Water Tank contract as complete
and release retainage to Coatings Unlimited upon
standard releases from the State and release of
any liens, as recommended by the Public Works
Director. The original contract amount was
$212 , 584 . 50 . The final construction cost was
$213 , 561 . 90 .
(CONTINUED COMMUNICATIONS - ITEM 11A)
(ADDED)
S . 277th Street. Martin Plvs stated that the
bridge at S . 277th Street has sunk eight inches
and asked whose fault it was and who will pay for
it .
McFall responded that numerous parties are
involved in this project and that responsibilities
and costs will be apportioned appropriately.
3
Kent City Council Minutes May 2 , 2000
ZONING CODE (CONSENT CALENDAR - ITEM 6C)
AMENDMENT (REMOVED BY COUNCILMEMBER AMODT)
Zoning Code Amendment, Single Family Density in
Multifamily Zones. Preparation of an ordinance
relating to single family density in multifamily
zones was approved by the City Council at their
meeting of April 4 , 2000 .
Amodt said there appears to be a difference
between the ordinance and the chart regarding
minimum lot size restrictions . The City Attorney
explained that the confusion has to do with the
width of the lots . He noted that the ordinance
leaves the 40 ' width requirement in tact but
eliminates the minimum lot size and allows for
the same density for single family units as
multifamily units in those zones .
Steve Dowell , 430 Glenwood Lane, Kent , said it was
his understanding that there were to be no mini-
mum single family lot size restrictions . Paul
Morford, P.O. Box 6345 , Kent, said the motion made
at the Land Use and Planning Board was to recom-
mend approval of option two, to permit single
family densities at the same level as multifamily
development without consideration for minimum lot
size at this time . He distributed copies of the
proposed ordinance and noted that it states ,...the
density of single-family development be increased
to the same level permitted for multiple family
development, with no minimum single-family lot
size restrictions ; " . He pointed out that on the
next page of the ordinance, the third line should
have been changed from 40 ft . to none, as in the
area above .
Planning Manager Satterstrom said that he has
listened to the tape of the Land Use and Planning
Board meeting, and that the Board was in favor of
changing the density restriction to match what is
allowed for multiple family, and that there was no
issue with the fact that the minimum lot size was
thrown out .
4
Kent City Council Minutes May 2 , 2000
ZONING CODE AMODT MOVED to adopt Ordinance No. 3508 relating
AMENDMENT to single family density in multi family zones,
and to remove the 40 ' lot size restriction from
the standards as approved by the City Council at
their meeting of April 4 , 2000 . Epperly seconded.
Epperly said it was her intent to have no restric-
tions on lot . Clark stated that his intent was to
retain a minimum lot width, and that the problem
is the interpretation of minimum width. Orr said
it was her understanding the 40 ' lot width was in
tact, and that too many houses too close together
is unacceptable. Amodt said this provision would
result in more affordable homes . Brotherton said
it is a good idea to provide builders as much
flexibility as possible, and agreed with Epperly
that the density remains the same . He suggested
passing the proposed ordinance and asking the
Planning Department to determine how to change the
Subdivision Code to make them line up with this
request . Upon a roll call vote, the motion then
failed with Amodt, Epperly and Yingling in favor,
and Brotherton, Clark, Orr and Woods opposed.
BROTHERTON MOVED to adopt Ordinance No . 3508 as
presented. Orr seconded. Brotherton said he
would like to have staff examine the options and
limitations, with an eye to finding a way to give
builders the maximum amount of flexibility, and
take their recommendations to the Land Use and
Planning Board. Mayor White clarified that
builders should address these issues at the Land
Use and Planning Board, who will then make a
recommendation to the full Council . Brotherton' s
motion to adopt Ordinance No . 3508 then carried
upon a roll call vote, with Brotherton, Clark,
Orr, Woods and Yingling in favor, and Amodt and
Epperly opposed. ORR MOVED to make Morford' s
information a part of the public record. Woods
seconded and the motion carried.
TELE- (CONSENT CALENDAR - ITEM 6F)
COMMUNICATIONS Telecommunications Right-Of-Way License
_ Agreements . Conditional authorization for the
Mayor to sign telecommunications street license
agreements . The City has received, and continues
to receive, a number of requests from fiber optic
5
Kent City Council Minutes May 2 , 2000 "
TELE- companies to underground portions of their fiber
COMMUNICATIONS optic networks in various portions of the City' s
streets . The City has developed the Limited
Street License form, which gives the fiber optic
companies the right to install and operate their
systems in our streets . These agreements convey
a limited real property interest in portions of
the City' s street system for a term of years (5 -
10 years) and, accordingly, require Council
authorization to grant these licenses . It
typically takes 4 - 6 weeks to obtain Council
approval , which can cause delay problems to the
fiber companies ' planned construction schedules .
However, these licenses are usually non-
controversial and move through the authorization
process without much discussion. As a result,
staff requests that Council authorize the Mayor to
sign these agreements without first obtaining
Council approval if : (1) the license is granted
on terms substantially similar to those attached
in the "standard license form" ; and (2) the Public
Works Director and the City Attorney concur that
the license, including requested amendments,
should be granted.
PUBLIC MARKET (CONTINUED COMMUNICATIONS - ITEM 11B)
(ADDED)
Public Market. Martin Plvs said that although
McFall has stated that the City has nothing to do
with the Public Market, he has dispatched City
maintenance personnel to the Market to perform
maintenance . He questioned why Councilmember
Epperly is working at a private enterprise for
which the City is doing free maintenance, the City
is providing cash donations, and the City Attorney
provides free legal services . He said he feels
the City is being mismanaged and that an investi-
gation should be started.
McFall stated that Plys ' questions have been
asked and answered at least twice already, and
reiterated that the Kent Public Market Development
Authority (PDA) is a creation of the City of Kent,
that the PDA Board is appointed by the Mayor and
confirmed by the Council, and is a public body.
6
Kent City Council Minutes May 2 , 2000
PUBLIC MARKET He explained that the PDA was created for the
purpose of owning and operating the building in
which the Public Market would be housed. He noted
that the PDA was granted title to the property by
action of the City Council , along with cash to be
used in the renovation, and that the PDA took out
a bank loan of $700 , 000 to pay for the renovation
of the barn for the Market . He noted that the
City, by action of the City Council , guaranteed
the PDA' s bank loan. He said the City, therefore,
has a continuing interest in the PDA and in the
structure, as it is ultimately liable for the bank
loan if the PDA should fail . He indicated that
the PDA does not operate the Market, and that the
Kent Downtown Partnership (KDP) is an independent
entity which operates the Market and leases the
space from the PDA. He noted that the PDA' s loan
is being paid back by the lease payments made by
the KDP .
McFall continued that because of the City' s
continued interest in the structure, it is
included on the City' s building insurance, and
that the PDA is paying the City for that . He said
it is appropriate to dispatch City crews to the
building to see that the City' s interests are
maintained. He explained that the City crew
looked at the leak in the roof and recommended
bringing in a roofing contractor, which will be at
the expense of the PDA.
McFall reiterated that the KDP is an independent
entity and that Councilmember Epperly is an
employee of the KDP. He noted that before
accepting the position, Epperly checked with him
and with the Attorney' s Office and was told that
there was no conflict of interest, but that it
would probably be best to abstain from any vote of
the City Council pertaining to the Kent Downtown
Partnership and not to participate in any
discussion.
_ McFall stated that he is highly offended by Plys '
comments, and that this City, Mayor, Council and
he have never acted in any way other than in the
highest regard for ethics and standards in the
7
Kent City Council Minutes May 2 , 2000
PUBLIC MARKET public management of this agency. Mayor White
concurred.
Amodt expressed interest in where Plys got his
information and McFall explained that this has
been discussed at a meeting of the PDA and is in
the minutes .
FIRE (BIDS - ITEM 8A)
Exterior Repair Work at Kent Fire Station 74 . The
bid opening for the Roof and Siding Repair Project
at Kent Fire Station 74 was held on April 19,
2000 . Staff recommends awarding the contract to
Valhalla Construction at $87, 574 , plus Washington
State Sales Tax. EPPERLY SO MOVED. Brotherton
seconded and the motion carried.
PARKS & (CONSENT CALENDAR - ITEM 6G)
RECREATION Garrison Creek Park Renovations Proiect. ACCEPT
the Garrison Creek Park Renovation Project by Fuji
Industries as complete, as recommended by staff .
On July 21, 1998 , Council approved contract Fuji
Industries to make improvements to Garrison Creek
Park. On September 29, 1999, a final inspection
was completed and the project was approved by the
Project Manager.
(CONSENT CALENDAR - ITEM 6H)
Russell Road Bleachers . ACCEPT the Russell Road
Bleachers Project by Outdoor Aluminum as complete,
as recommended by staff .
On January 5 , 1999, the City of Kent contracted
Outdoor Aluminum to replace and install new
bleachers at Russell Road Park. On May 27, 1999,
the project was inspected and approved by the
Project Manager.
(CONSENT CALENDAR - ITEM 6I)
West Hill Skate Park. ACCEPT the West Hill Skate
Park project by T. F . Sahli as complete, as
recommended by staff .
8
Kent City Council Minutes May 2 , 2000
PARKS & On January 5 , 1999, the City of Kent contracted
RECREATION T. F . Sahli to construct a Skatepark on West Hill
in Kent . On October 28 , 1999 staff inspected and
approved the project .
(CONSENT CALENDAR - ITEM 6J)
Greater Kent Historical Society Museum Parking Lot
Improvement. ACCEPT the Greater Kent Historical
Society Museum Parking Lot Project by Shear
Transport as complete, as recommended by staff .
On September 1, 1998 , the City of Kent contracted
Shear Transport to renovate the Greater Kent
Historical Society Museum Parking Lot . On
October 21, 1999, staff inspected and approved
the project .
(CONSENT CALENDAR - ITEM 6K)
Garrison Creek Park Reservoir Lid Project. ACCEPT
the Garrison Creek Improvement project by Bell
Contracting, LLC as complete, as recommended by
staff .
On November 16, 1999, the City of Kent contracted
Bell Contracting, LLC to perform services on
the reservoir lid at Garrison Creek Park. On
February 2 , 2000, staff inspected and approved
the project .
(CONSENT CALENDAR - ITEM 6L)
Russell Road Drainage Improvements Project.
ACCEPT the Russell Road Drainage Improvements
Project by Kuhn & Associates as complete, as
recommended by staff .
In June 1997 , Council approved contracting with
Kuhn & Associates to make improvements to drainage
at Russell Road Park. On September 15, 1999 , a
final inspection was completed and the project was
approved by the Project Manager.
(CONSENT CALENDAR - ITEM 6M)
2000 IAC Grant Applications. PASSAGE of
Resolution Nos . 1565 , 1566 , 1567 , 1568 and 1569
authorizing submittal of grant applications to the
9
Kent City Council Minutes May 2 , 2000
PARKS & Interagency Committee for Outdoor Recreation for
RECREATION the acquisition and development of park land, as
recommended by the Parks Committee .
Staff has identified the following top-priority
projects that are eligible for statewide grant
funds :
1 . Green River Greenbelt Gateway
2 . Canterbury Neighborhood Park
3 . Clark Lake Park
4 . East Hill Youth Sports Complex 41
5 . Lake Fenwick Park Boat Launch
(CONSENT CALENDAR - ITEM 6N)
Interurban Pedestrian Trail Bridge. ACCEPT the
Interurban Pedestrian Trail Bridge contract as
complete and release retainage to Paul Scalzo
upon standard releases from the State and release
of any liens, as recommended by the Public Works
Director. The original contract amount was
$63 , 908 . 00 . The final construction cost was
$64 , 736 . 38 .
(OTHER BUSINESS - ITEM 7A)
2000 IAC Grant Application. Parks Director
Hodgson noted that in addition to the applications
approved under Consent Calendar Item 6M, they have
been notified that there is another grant source
available which they need approval to apply for.
He noted that this would allow the Parks
Department to make improvements to Kent Memorial
Park Fields 2 and 3 , and that the grant money was
provided by Paul Allen. WOODS MOVED to authorize
staff to apply to the IAC for a grant for
renovations to Kent Memorial Park Fields 2 and 3 .
Yingling seconded and the motion carried. McFall
later noted that authorization includes adoption
of Resolution No. 1570 . Council concurred.
(CONTINUED COMMUNICATIONS - 11C)
(ADDED)
Performing Arts Center. Martin Plvs asked for
clarification on King County Councilmember Chris
Vance ' s memo to Councilmember Amodt regarding
withholding a $250 , 000 grant to the City for the
10
Kent City Council Minutes May 2 , 2000
PARKS & Performing Arts Center, and when the vote would be
RECREATION taken. He stated that the memo is in conflict
with the Mayor' s State of the City Address .
McFall responded that both the Mayor ' s State of
the City Address and the Budget Message were done
prior to Vance ' s comments about the County grant
funds being withheld until a public vote . He
stated that the budget has always planned for the
Performing Arts Center to be a voted bond issue,
and that there is no ability to fund the project
without a voted bond issue .
Amodt said there had been a newspaper article
regarding the building being built before a vote
of the citizens . McFall reiterated that there is
no ability to finance the building without a vote .
Mayor White concurred.
FINANCE (CONSENT CALENDAR - ITEM 6B)
Approval of Bills . APPROVAL of payment of the
bills received through April 14 and paid on
April 14 , after auditing by the Operations
Committee on April 18 , 2000 .
Approval of checks issued for vouchers :
Date Check Numbers Amount
4/14/00 233259-233532 $ 662 , 447 . 71
4/14/00 233533-233887 1 , 529 , 797 . 09
$2 , 192 , 244 . 80
REPORTS Council President. Orr reminded Councilmembers to
make reservations for the upcoming Suburban Cities
dinner, and commended those who participated in
the poster design contest .
Operations Committee. Yingling noted that the
meeting time of the Operations Committee has been
changed to 4 : 00 p.m. on the first Tuesday of the
month and 4 : 30 on the third Tuesday of the month.
Public Safety Committee. Epperly noted that the
next meeting will be held at 5 : 00 p .m. on May 9th.
11
Kent City Council Minutes May 2 , 2000
REPORTS Public Works Conmiittee. Clark noted that the next
meeting will be at the normal time on the third
Monday of May, but that for the first meeting in
June the Planning and Public Works Committee will
switch their meeting times so that the Public
Works Committee meeting will be held at 5 : 00 p.m.
and the Planning Committee will be held at
4 : 00 p .m.
Parks Co=ittee. Woods noted that the Parks
Committee will meet on May 9 at 4 : 00 p.m.
Administrative Reports. Mayor White noted that
Councilmembers have received copies of his
response regarding the evening closure of the
Regional Justice Center intake situation which
will be sent to the County Executive .
ADJOURNMENT The meeting adjourned at 8 : 15 p .m.
Brenda Jacob r, CMC
City Cl
er
12
Kent City Council Meeting
Date May 16 , 2000
Category Consent Calendar
1 . SUBJECT: LID 351, S . 277TH CORRIDOR, FINAL ASSESSMENT ROLL -
ORDINANCE
2 . SUMMARY STATEMENT: As recommended by the Public Works
Committee Board of Equalization, adoption of Ordinance No.
establishing the final assessment roll for LID 351, S . 277th
Street Corridor.
3 . EXHIBITS: Ordinance
4 . RECOMMENDED BY: Public Works Committee Eoualization Board
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS :
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6C
ORDINANCE NO.
AN ORDINANCE of the City of Kent, Washington,
approving and confirming the assessments and assessment
roll of Local Improvement District No. 351 for the
construction of a new five lane arterial extending from
Auburn Way North (East Valley Highway) eastward up the
hill to Kent Kangley Road at 116`h Avenue, as provided by
Ordinance No. 3496, and levying and assessing a part of the
cost and expense thereof against the several lots,tracts,parcels
of land and other property as shown on the assessment roll
WHEREAS, the assessment roll levying the special assessments against the
roperty located in Local Improvement District No. 351 in the City of Kent, Washington(the
City"), has been filed with the City Clerk as provided by law; and
j WHEREAS, the City Council delegated under RCW 35.44.070 to a special
�ommittee of the Council to act as the LID 351 Board of Equalization (composed of the
members of the Public Works Committee) (the "Board") the conduct of the hearing on the
sessment roll; and
WHEREAS, notice of the time and place of hearing on the assessment roll
nd for making objections and protests to the roll was published at and for the time and in
he manner provided by law fixing the time and place of hearing thereon before the Board
or the 121h day of April, 2000, at the hour of 1:00 p.m., local time, in the Council
hambers in the City Hall, Kent, Washington, and fiuther notice thereof was mailed by the
ity Clerk to each property owner shown on the roll; and
1 LID 351 Final Assessment Roll
WHEREAS, at the time and place fixed and designated in the notice the
Baring was held, all written protests received were considered and all persons appearing
t the hearing who wished to be heard were heard, and the Board, sitting and acting as a
oard of Equalization for the purpose of considering the roll and the special benefits to be
eceived by each lot, parcel and tract of land shown upon such roll, including the increase
d enhancement of the fair market value of each such parcel of land by reason of the
mprovement, considered all such protests; and
WHEREAS, the Board recessed its deliberations to May 1, 2000, at which
ime it met and considered proposed findings of fact and conclusions of law ("Findings");
nd
WHEREAS, the Board entered its Findings and has forwarded them to the
ouncil for consideration; and
WHEREAS, the Council has brought before it for consideration the
endings, and the exhibits and protests considered by the Board; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,DOES
EREBY ORDAIN AS FOLLOWS:
SECTION 1: -Roll Confirmation. The assessments and assessment roll of
ocal Improvement District No. 351, which has been created and established for the
�urpose of constructing a new five lane arterial extending from Auburn Way North (East
�alley Highway) eastward up the hill to Kent Kangley Road at 116`h Avenue, as provided
'y Ordinance No. 3496, as the same now stand, shall be and the same are approved and
onfirmed in all things and respects in the total amount of$6,911,946.55.
2 LID 351 Final Assessment Roll
SECTION 2. -Special Benefit. Each of the lots, tracts, parcels of land and
ther property shown upon the assessment roll is determined and declared to be specially
benefited by this improvement in at least the amount charged against the same, and the
assessment appearing against the same is in proportion to the several assessments appearing
pon the roll. There is levied and assessed against each lot, tract or parcel of land and other
property appearing upon the roll the amount finally charged against the same thereon.
SECTION 3. - Findings. The Findings of Fact, Conclusions and
ecommendations of LID 351 Board of Equalization (May 1, 2000) attached hereto at
xhibit "1" are hereby adopted by the Council and incorporated herein by this reference.
SECTION 4. - Notice of Roll. The assessment roll as approved and
confirmed shall be filed with the Finance Division Director of the City for collection and
he Finance Division Director is authorized and directed to publish notice as required by
aw stating that the roll is in her hands for collection and that payment of any assessment
hereon or any portion of such assessment can be made at any time within 30 days from the
ate of first publication of such notice without penalty, interest or cost, and that thereafter
ithe sum remaining unpaid may be paid in 15 equal annual installments. The estimated
interest rate is stated to be 8.5% per annum, with the exact interest rate to be fixed in the
ordinance authorizing the issuance and sale of the local improvement bonds for Local
nprovement District No. 351. The first installment of assessments on the assessment roll
hall become due and payable during the 30-day period succeeding the date one year after
the date of first publication by the Finance Division Director of notice that the assessment
oll is in her hands for collection and annually thereafter each succeeding installment shall
ecome due and payable in like manner. If the whole or any portion of the assessment
lremains unpaid after the first 30-day period, interest upon the whole unpaid sum shall be
charged at the rate as determined above, and each year thereafter one of the installments,
liogether with interest due on the unpaid balance, shall be collected. Any installment not
I
quid prior to expiration of the 30-day period during which such installment is due and
ayable shall thereupon become delinquent. Each delinquent installment shall be subject,
3 LID 351 Final Assessment Roll
t the time of delinquency, to a charge of 9% penalty levied on both principal and interest
ue upon that installment, and all delinquent installments also shall be charged interest at
he rate as determined above. The collection of such delinquent installments shall be
nforced in the manner provided by law.
SECTION 5. - Severability. If any one or more sections, subsections, or
entences of this ordinance are held to be unconstitutional or invalid, such decision shall
of affect the validity of the remaining portion of this ordinance and the same shall remain
n full force and effect.
SECTION 6: -Effective Date. This ordinance shall take effect and be in
orce five (5) days from and after its passage, approval and publication as provided by
aw.
JIM WHITE, MAYOR
kTTEST:
RENDA JACOBER, CITY CLERK
PROVED AS TO FORM:
ZOGER A. LUBOVICH, CITY ATTORNEY
4 LID 351 Final Assessment Roll
ASSED: day of 2000.
PROVED: day of 12000.
UBLISHED: day of 2000.
I hereby certify that this is a true copy of Ordinance No. passed
y the City Council of the City of Kent, Washington, and approved by the Mayor of the
ity of Kent as hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
I
NCiv NON ceLLID351FinalAesmRofl&c
iII
5 LID 351 Final Assessment Roll
FINDINGS OF FACT, CONCLUSIONS T
AND RECOMMENDATIONS OF BOARD OF EQUALIZATION
REGARDING LID 351
I.
FINDINGS OF FACT
A. GENERAL LID FINDINGS
1. For over a decade, the City, King County and other regional and state agencies have
determined the need for a cross-valley arterial roadway to serve the business and citizens who
use the Kent Valley.
2. The 277`h Street Corridor Project ('Project") will provide another east/west corridor
across the Valley, connecting the East Valley Highway up the hill to the Kent-Kangley Road at
I I61h Avenue.
3. In December 1999, the Kent City Council passed an ordinance which formed LID 351
for the purpose of partially funding the Project.
4. Project improvements are as follows:
1. A five lane roadway with bicycle lanes (including a separate bicycle/pedestrian
bridge and pathway across the Green River and uphill to approximately 1081h Avenue SE),
approximately sixty-six feet curb to curb, with two lanes in each direction and a center turn lane
in all areas except the bridge and hill climb and that section of the Corridor running west from
the intersection with "I" Street in the City of Auburn.
2. Bridge over the Green River.
3. Curb and gutter.
4. Cement concrete sidewalk on both sides.
5. Storm drainage improvements.
6. Street Lighting improvements.
7. Landscaping.
8. Utility modification as required.
9. Lane channelization and signing.
10. 1081h Street Bridge over the Corridor, with westbound onramp to the Corridor
from 108`h and eastbound offramp to 108`h from the Corridor.
I WDT433760.DOC:1/00085.150002/1 I
11. Signalization at 116`h Avenue SE and Kent-Kangley Road.
5. On April 12, 2000, having given notice in accordance with applicable law, the Board of
Equalization, which consisted of the members of the Public Works Committee of the Council,
(hereafter, `Board") met for the purpose of hearing any protest to the final assessment roll for
LID 351 and forwarding recommendations to the full City Council for final action. At that time
the Board received a total of 27 protests from various property owners in the LID which had
been filed in accordance with the notice and state law. Each protest was assigned a number
beginning with PL
6. The Board heard testimony from the City and all property owners who had submitted
timely protests and wished to be heard. 18 exhibits were offered during the course of the hearing
and were given sequential numbers, beginning with one.
7. Based on the testimony, exhibits and final arguments, the Board makes the following
additional general findings, which will be followed by specific findings related to each parcel.
B. GENERAL FINDINGS AS TO ALL PARCELS
1. Prior to work commencing on the Project, all of the property owners had signed an
Environmental Mitigation Agreement (EMA) which required the owners to pay an established
dollar amount not later than 10 years from the date of the EMA if no LID were formed. Creation
of the LID and payment of the amount assessed under the LID satisfies the requirements of the
EMA. None of the properties would have been allowed to develop without either undertaking
full traffic mitigation or signing the EMA.
2. After construction of the improvements, traffic access and circulation throughout the LID
boundaries will be improved by the following:
• Providing another east/west arterial corridor from Kent's "East Hill" residential
neighborhoods, across the Green River and across the Valley.
• Providing direct access to SR 167 and the 1-5 corridor to the west across the
Green River, diverting substantial traffic congestion on Kent-Kangley/Canyon Drive.
3. In developing the final assessment roll, the City initially considered using the zone and
termini method set forth in RCW 35.44.030. However, the City testified that because of the
variety of property types, sizes, development potential and zoning, the zone and termini method
was not used. In its place the special benefit analysis was used. City witnesses testified that this
method would more fairly reflect the special benefits to the various properties within the LID
boundaries. No other witnesses provided testimony to dispute this assertion.
4. The City hired the firm of Macaulay & Associates, Inc. to perform the special benefit
analysis. Robert Macaulay performed the analysis and provided testimony.
W DT433760.DOC;I/00085.150002/1 2
5. A Summary Special Benefits Study, dated March 1, 2000, was prepared by Macaulay
and submitted as the basis for the final assessment roll. (Exhibit 4)
6. Any finding, general or specific deemed to be a conclusion, shall be considered as such.
C. FINDINGS AS TO SPECIFIC PROTESTS
1. P1, Scott and Debbie Kim. No testimony was provided.!
2. P2, Mark Patton. No testimony was provided.
3. P3, Michael Gillespie. No testimony was provided.
4. P4, Kristie Kim. No testimony was provided.
5. P5, Mannella/Hinson. Pursuant to stipulation, the assessment is to be reduced to
$88,697.40.
6. P6 , Michael and Kimberly Lemos. No testimony was provided.
7. P7, Lance and Jill Rolfe. No testimony was provided.
8. P8, Dennis and Zana Heffernan.. Mrs. Heffernan provided testimony regarding the effect
of the Project on the property.
9. P9, Dr. Joseph Holly. No testimony was provided.
10. P10, Harumi Inari. No testimony was provided.
11. P11, Tai and Sue Yum. No testimony was provided.
12. P12, Dereck and Laura Cook. No testimony was provided.
13. P13, Camilio De Guzman. No testimony was provided.
14. P14, South King County Multi-Service Center. No testimony was provided.
15. P 15, J. R. Behyner—Euro Tek (Heinz and Teresa Zoller). No testimony was provided.
16. P16, Sally Roberts, agent Wade Roberts. No testimony was provided.
17. P17, King County Housing Authority. No testimony was provided.
18. P18, Brad and Gladys Epperly. No testimony was provided.
Information contained in the protest materials was considered by the Board. No witnesses provided additional
testimony.
{W DT433760.DOC;1/00085.150002/1 3
19. P19, KPP Properties, LLC. No testimony was provided.
20. P20, James Samuel for Samuel & Company. No testimony was provided.
21. P21, James Lindley. The property owner testified. Later the City and property owner
stipulated that the assessment should be reduced to $8,547.50.
22. P22, D. Joe Jenkins. The property owner testified as to his particular situation.
23. P23 and P24, Senior Housing Assistance Group. Arthur Martin, a management agent
testified.
24. P25, John and Roxie Wilburn. No testimony was provided.
25. P26, Tom Reichert. The agent for the property owner testified. However, it was later
determined that this property was not within the LID did not have an assessment and thus
the Board has no jurisdiction.
26. P27, Maria Mong-Diep. The property owner testified that her family does not utilize the
streets as frequently as others due to their particular situation.
II.
CONCLUSIONS
A. GENERAL CONCLUSIONS
1. Any conclusion deemed to be a finding shall be so considered.
2. Special benefits are measurable increases in the value of real property in excess of any
enhancement to the general area. It is measured as the difference between the market value of
the property without the LID project and the market value with the LID project assumed
completed.
3. Initially, the City is favored with certain presumptions: that the improvements are a
benefit to the property within the LID, the assessment is no greater than the benefit, the
assessment is equal or ratable to the assessments upon other properties similarly situated, and the
assessment is fair. In Re Indian Trail Trunk Sewer, 35 Wash. App. 840 (1983). The property
owners must present expert appraisal testimony to overcome these presumptions.
4. The special benefit analysis performed by the City more fairly reflects the special
benefits to the properties within the LID than the zone and termini method.
B. CONCLUSIONS AS TO SPECIFIC PROPERTIES
wDT433760.DOC,1/00085.150002/} 4
1. Protests P1 through P4, P6 through P21, P22, P23, P25 and P27 should each be denied on
the basis that the property owners have not overcome the City's presumptions.
2. With respect to P24, the assessment should be reduced to $59,263.04. The manager
submitted traffic studies which purported to show a reduced trip generation from senior housing.
The Board found that the Meeker Court Apartments (P23) had a lower per unit assessment than
Webster Court (P24) and that since the apartments were similar in use and location, the
assessments should be equalized on a per unit basis.
III.
RECOMMENDATIONS
Based on the foregoing Findings and Conclusions, the Board recommends to the City
Council as follows:
A. Pursuant to stipulation, the Board recommends P5 assessment be reduced to
$88,697.40 and that P21 assessment be reduced to $8,547.50.
B. The Board recommends that the assessment on P24 be reduced to $59,263.04.
C. The Board recommends the following protests be DENIED: P1, P2, P3, P4, P6,
P7, P8, P9, P10, Pl1, P12, P13, P14, P15, P16, 17, P18, P19, P20, P22, P23, P25 and P27.
D. As noted, P26 is not within LID and thus has no assessment.
E. The Board recommends that, except as specifically provided above, the final
assessment roll be confirmed without modification.
DATED THIS I day of May, 2000.
BOARD OF EQUALIIZAA1TIOQN FOR LID 351
((C
Tim Clark, Chair
Connie Epp r'l
Rico Yin ling ✓I J
P ACivil\FILES\OpenFiles\0321\Finding.BoardEga1.050200.doc
W DT433760.DOC.1/00085.150002/} 5
/i11
Kent City Council Meeting
Date May 16 , 2000
Category Consent Calendar
1 . SUBJECT: YEAR 2001 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING
LEVELS - APPROVE
2 . SUMMARY STATEMENT: As recommended by the Planning
Committee, approve the four (4) motions for the 2001 Community
Development Block Grant Funding Levels .
On May 2 , 2000, the City Council Planning Committee approved
four motions for the 2001 Community Development Block Grant
Funding Levels . The Committee recommends the Council approve
the funding as follows : 1) Accept the year 2001 Pass through
funds; 2) Allocate the City' s maximum available year 2001 CDBG
funds for Public (Human) Services ($85, 539) ; 3) Allocate the
City' s maximum available year 2001 funds for Planning and
Administration ($78, 986) ; and 4) authorize the Mayor to sign
the County form indicating the City' s desire for distribution
of year 2001 funds .
3 . EXHIBITS• Memo
4 . RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS :
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6D
CITY OF ;o`'L'!311~
Jim White, Mayor
I vrcTA
Planning Department (253) 856-5454/Fax (253) 856-6454
James P. Harris, Planning Director
CITY OF KENT
PLANNING DEPARTMENT
(253) 856-5454
MEMORANDUM
MAY 16, 2000
MEMO TO: MAYOR JIM WHITE AND CITY COUNCIL MEMBERS
FROM: CAROLYN SUNDVALL, HUMAN SERVICES PLANNER
SUBJECT: YEAR 2001 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
FUNDING LEVELS
BACKGROUND
Recently the City received from King County its estimates of Community Development Block
Grant Pass through funds for year 2001. The estimate of $550,114 is approximately 5302.00
more than the City received for the 2000 program. The estimate at this time is based on the U.S.
Department of Housing and Urban Developments (HUD) proposed year 2001 budget. The
estimated amount may increase or decrease due to changes in the entitlement, program income
and recaptured funds.
The City Council needs to take three actions:
1. Receipt of funds
The City of Kent needs to inform the County whether it elects to receive and administer the Pass
through funds again next year. By accepting the Pass through the City will be assured of
continued HUD funding. The Planning Department recommends that the City accept the Pass
_ through funds to: 1) Maximize local discretion in allocating the funds 2) Guarantee a minimum
funding level, 3) Eliminate competition with other King County and small cities projects. If the
City does not elect to take the Pass through funds, Kent is not guaranteed any CDBG funds, and
would have to compete for all funds.
"n. I -AA I[.SU.. TENT VA \SHI,N(JON vSu;_.:ag;/TELLPHONI :-,,816 5'-o1i
Year 2001 Community Development Block Grant(CDBG) Funding Levels
May 16, 2000
Page 2
2. Public (Human)Services Funding
If the City chooses to accept Pass through funds, it can reserve the maximum of its fair share of
public service dollars. If the City does not reserve the right to use this amount of funding for
human services, another city can request the use of any unreserved ceilings. In order to retain
the maximum of flexibility in the use of its CDBG funds, and to continue in its present support
for human services, the Planning Department recommends that the City of Kent notify the
County that it wishes to reserve the maximum dollars for human services. The estimated year
2001 Community Development Block Grant funding amount for human services is $85,539.
3. Planning and Administration Funds
As with human services, the City has a maximum of its CDBG funds that can be spent for
Planning & Administration. In 2000 the City reserved the maximum amount available. The
Planning Department recommends allocating the maximum amount available in year 2001 to
continue to fund salaries and other activities associated with the administration of the program.
The maximum amount of year 2001 CDBG funds estimated to be available for Planning and
Administration is $78,986.
The remaining funds, approximated at $385,589.00, would be used for capital projects. The City T
traditionally funds the Kent Home Repair Program out of this category and also any additional
capital project requests that Council Approves.
On May 1, 2000, the Planning Committee approved these recommended actions:
RECOMMENDED ACTION
1. Approval to accept the year 2001 Pass through funds.
2. Allocate the City's maximum available of year 2001 CDBG funds for Public (Human)
Services ($85,539)
3. Allocate the City's maximum available of year 2001 funds for Planning and
Administration (S78,986)
4. Authorize the Mayor to sign the County form indicating the City's desire for acceptance
and distribution of 2001 funds.
CS\pm P:Human ServiceslCDBGlaccept passthomgh.doc
cc: James P. Harris,Planning Director
Katherm Johnson, Human Services Manager
THE CITY OF QUALIFIES FOR AN ESTIMATED N
2001 KING COUNTY CONSORTIUM COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDS, WHICH WILL BE AVAILABLE JANUARY 1,2001.
Please check one:
Our City does not elect to receive and administer the above estimated pass-through. We
choose instead to apply for CDBG funding on a project by project basis through the
County and Small Cities process.
Our City elects to receive and administer the above estimated pass-through with the
conditions outlined in the 1000-2002 Community Development Block Grant Interlocal
Cooperation Agreement. Among other responsibilities, we recognize that in accepting a
pass-through we are accepting the responsibility of identifying priority needs and
allocating the pass-through funds in accordance with the Consortium's schedule for
submission to the U.S. Department of Housing and Urban Development.
Cities which accept the pass-through should check the following if applicable:
Our City would like to allocate a portion of our funds for public (human) service
activities.
Our City would like to allocate a portion of our funds for planning and administration
activities.
Our City is eligible to request the use of additional planning and administration ceiling.
We would like to request additional funds for the following:
Our City would like to contribute a portion of our capital funds to the King County
Housing Repair Program so that our residents may participate. We understand that 15%
of the total amount allocated will be used for program delivery costs.
The following lists our distribution of CDBG funds for 2001: (List amounts below).
Public Planning & Additional Housing Capital Total Funds
Services Admin. P&A Repair Projects Available
Requested
S $ $ S S S
Signature of Mayor or Authorized Person Date
Please attach a copy of the City Council's authorization of the above and return to HCD by May
31, 2000.
Kent City Council Meeting
Date May 16 , 2000
Category Consent Calendar
1 . SUBJECT: VALLEYCOM PDA - ORDINANCE
2 . SUMMARY STATEMENT: Adoption of Ordinance creating a
Public Development Authority ( "PDA" ) , which will be the
financing and repayment instrument for the construction of the
new Valley Communications Center facility in Kent and which can
also act to finance other significant Valley Com capital
improvement investment programs as they arise in the future .
The City of Kent will be the enacting City for this PDA, but
all Valley Communications Member Cities have adopted ordinances
agreeing to own equally and share equally in the PDA' s bond
repayment responsibility.
3 . EXHIBITS: Ordinance, Charter and Bylaws
4 . RECOMMENDED BY: Operations Committee 5/2/00 (3-0)
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS :
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6E
ORDINANCE NO.
AN ORDINANCE of the City Council of the City of
Kent, Washington, relating to Valley Communications Center
and creating the Valley Communications Center Development
Authority; approving a charter and initial bylaws therefor;
establishing a Board of Directors to govern the affairs of the
Authority; and approving procedures for the conduct of its
affairs.
THE CITY COUNCIL OF THE CITY OF KENT DOES ORDAIN as follows:
SECTION 1.- Definitions. Capitalized terms used in this ordinance have
the following meetings.
Authority means the Valley Communications Center Development Authority,
created pursuant to this ordinance.
Board of directors or Board means the governing body vested with the
management of the affairs of the Authority.
Bonds means the long term obligations of the Authority, to be issued to provide
financing for the Project.
Bylaws means the rules adopted for the regulation or management of the affairs of
the Authority adopted by this ordinance as the same maybe amended by the Board.
1 ValleyCom PDA Enacting Ordinance
k1
Charter means the articles of organization of the Authority adopted by this
ordinance and all subsequent amendments thereto.
Cities means the Cities of Auburn, Federal Way, Kent, Renton and Tukwila.
City Clerk means the clerk of the City of Kent or a person authorized to act on his
or her behalf, and in the event of reorganization of the office of clerk, the successor
official performing such duties or a person authorized to act on his or her behalf.
Councils of the Cities means the governing body of each of the Cities.
Director means a member of the Board.
Interlocal Agreement means the Valley Communications Center Agreement,
among the Cities, to be dated as provided therein, and heretofore approved by motion of
the Kent City Council, as such Interlocal Agreement may be hereafter amended in
accordance with its terms.
Kent means the City of Kent.
Project means the acquisition, construction and equipping of a new facility for the
operations of the Valley Communications Center.
Valley Communications Center means the consolidated emergency services
communications center known as the Valley Communications Center pursuant to the
Interlocal Agreement.
SECTION2. -Interlocal Agreement. Pursuant to motion,this City Council
has approved the Valley Communications Center Agreement (the "Interlocal Agreement"),
to be executed between and among the Cities providing for consolidated emergency
communications services through an enterprise known as the Valley Communications
Center. The Interlocal Agreement contemplates that the Cities, collectively, under the
2 ValleyCom PDA Enacting Ordinance
Interlocal Agreement will acquire land and acquire, construct and equip a new facility for
the operations of the Valley Communications Center (the "Project").
SECTION 3. -Authoritv Created--City Liabilitv Limited.
A. Authority Created. As authorized under RCW 35.21.730 through RCW
35.21.755, a public authority (the "Authority") is hereby created, with powers and
limitations as set forth in its Charter and this ordinance, to provide an independent legal
entity under State law to finance the acquisition, construction and equipping of the Project
through the issuance and servicing of long term debt in the aggregate principal amount of
not to exceed $12,758,000 (the"Bonds"), and to perform any other function specified in
its Charter.
B. Kent Liability Limited. The Authority is an independent legal entity exclusively
responsible for its own debts, obligations and liabilities. All liabilities incurred by the
Authority shall be satisfied exclusively from the assets and credit of the Authority; no
creditor or other person shall have any recourse to the assets, credit, or services of Kent
i
on account of any debts, obligations, liabilities, acts, or omissions of the Authority.
i
C. Contributions of the Cities. Pursuant to the Interlocal Agreement, the Cities shall
pay an allocable portion of the budgeted expenses of Valley Communications Center not
paid from other sources, which allocable portion shall be based on the percentage of
dispatched calls attributed to each jurisdiction compared to total dispatched calls.. In
addition to the foregoing commitment, the Cities also will contribute in equal shares to pay
debt service on the Bonds as the same shall become due and payable and to pay
administrative expenses with respect to the Bonds. No City shall be obligated to pay the
share of any other City; the obligations of Kent with respect to the Bonds shall be limited
to its (twenty percent) equal allocable share of such obligations; and all such payments
shall be made without regard to the payment or lack thereof by any other jurisdiction. All
payments with respect to the Bonds shall be made to Valley Communications Center in
its capacity as administrator and servicer of the Bonds to be issued by the Authority. Kent
3 ValleyCom PDA Enacting Ordinance
hereby obligates and commits itself to budget for and pay its allocable share of the
financial obligations represented by the Bonds.
SECTION 4. - Name. The name of the Authority shall be the Valley
Communications Center Development Authority.
SECTION S. - Powers--Generally. Except as limited by the state
constitution, state statute, this ordinance or the Charter of the Authority, the Authority
shall have and may exercise all lawful powers necessary or convenient to effect the
purposes for which the Authority is organized and to perform authorized corporate
functions, as provided in its Charter.
SECTION 6. - Charter and Amendments. The Charter of the Authority
(the "Charter', attached hereto as Exhibit A and incorporated by this reference herein, is
hereby approved. The Charter shall be issued in duplicate originals, each bearing the seal
of Kent attested by the City Clerk. One original shall be filed with the City Clerk; a
duplicate original shall be provided to the Authority. Amendments to the Charter may be
initiated by the Board or by the Kent City Council. All amendments to the Charter
initiated by the Kent City Council shall be presented to the Board for consideration and
approval and shall not become effective unless approved by a majority vote of the Board.
All amendments to the Charter, regardless of how initiated, shall become effective only
following approval by ordinance approved by the Kent City Council and the Councils of
at least three other Cities.
SECTION 7. - Authoritv; Commencement Of Existence. The Authority
shall commence its existence effective upon fulfillment of each of the following:
1. Each of the Councils of the Cities has approved the creation of the
Authority by Kent;
4 ValleyCom PDA Enacting Ordinance
2. This ordinance shall become effective; and
3. The Charter shall have been executed, and the Charter and Bylaws shall be
on file with the City Clerk.
Except as against the state or Kent in a proceeding to cancel or revoke the Charter,
delivery of a duplicate original Charter shall conclusively establish that the Authority has
been established in compliance with the procedures of this ordinance.
SECTION 8. Board Of Directors. The Administration Board of Valley
Communications Center, established pursuant to Section 4 of the Interlocal Agreement,
shall act ex officio as the Board of the Authority. All corporate powers of the Authority
shall be exercised by or under the authority of the Board of Directors; and the business,
property and affairs of the Authority shall be managed under the supervision of the Board
of Directors, except as may be otherwise provided by law or in the Charter.
SECTION 9. - Organizational Meeting. At the next meeting of the
Administration Board of Valley Communications Center to occur following the formation
of the Authority, the Board shall hold its organizational meeting. At such meeting, the
i
Board shall organize itself and may appoint officers.
SECTION 10. - BBvlaws. The initial bylaws (the "Bylaws") of the
Authority, attached hereto as Exhibit B and incorporated by reference in this ordinance,
are hereby approved. The power to alter, amend, or repeal the Bylaws or adopt new ones
shall be vested in the Board except as otherwise provided in the Charter. The Bylaws shall
be consistent with the Charter. In the event of a conflict between the Bylaws and this
ordinance or the Charter, this ordinance or the Charter, as the case may be, shall control.
i
i
SECTION IL - Dissolution.
A. If four of the Councils of the Cities, each by ordinance, make an affirmative
finding that dissolution is warranted for any reason, the existence of the Authority shall
5 ValleyCom PDA Enacting Ordinance
s
be terminated by ordinance of the Kent City Council. Dissolution shall be accomplished
as provided in the Charter, and shall not take effect until proper provision has been made
for disposition of all Authority assets, if any.
B. Upon satisfactory completion of dissolution proceedings, the City Clerk shall
indicate such dissolution by inscription of`charter canceled' on the original Charter of the
Authority, on file with the City Clerk and,when available, on the duplicate original of the
Authority, and the existence of the Authority shall cease. The City Clerk shall give notice
thereof pursuant to state law and to other persons requested by the Authority in its
dissolution statement.
SECTION 12. -Ancillary Authoritv. The administrative staff of Kent are
granted all such power and authority as reasonably necessary or convenient to enable each
of them to administer this ordinance efficiently and to perform the duties imposed in this
ordinance or the Charter.
SECTION 13. - Construction. This ordinance shall be liberally construed
so as to effectuate its purposes and the purposes of RCW 35.21.730-.755.
SECTION 14. —Effective Date. This ordinance shall take effect and be in
force from and after passage and publication as provided by law.
PASSED by the City Council of the City of Kent, Washington this
day of May, 2000, and signed in authentication of its passage this day of May, 2000.
JIM WHITE, MAYOR
6 ValleyCom PDA Enacting Ordinance
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
ROGER LUBOVICH, CITY ATTORNEY
PASSED: day of 12000
APPROVED: day of 12000.
PUBLISHED: day of 2000.
I hereby certify that this is a true copy of Ordinance No.
by the City Council of the City of Kent, Washington, and approved by the Mayor of the
City of Kent as hereon indicated.
(SEAL
BRENDA JACOBER, CITY CLERK
I
iaaa�no.a�,aw,�iyco�, om.m
7 ValleyCom PDA Enacting Ordinance
EXHIBIT A
CHARTER
OF THE
Vallev Communications Center Development Authority
As originally adopted pursuant to
City of Kent Ordinance
Issued and Certified by
the City Clerk on
Kent, Washington
TABLE OF CONTENTS
Pale
ARTICLE I
NAME AND SEAL
Section1.01 Name..................................................................................................................... 1
Section1.02 Seal........................................................................................................................ 1
ARTICLE II
AUTHORITY AND LIMIT ON LIABILITY
Section2.01 Authority............................................................................................................... 1
Section2.02 Limit on Liability.................................................................................................. 1
Section 2.02 Liability of the Authority and the Cities ............................................................... 1
ARTICLE III
DURATION
ARTICLE IV
PURPOSE
ARTICLE V
POWERS
Section5.01 Powers...................................................................................................................3
Section 5.02 Indemnification.....................................................................................................3
ARTICLE VI
BOARD
Section 6.01 Board Composition and Term of Office...............................................................3
Section 6.02 Board Concurrence and Quorum Defined.............................................................4
Section 6.03 Officers and Division of Duties............................................................................4
Section 6.04 Executive Committee............................................................................................4
Section6.05 Committees...........................................................................................................4
ARTICLE VII
MEETINGS
Section7.01 Board Meetings.....................................................................................................4
Section 7.02 Open Public Meetings...........................................................................................4
Section 7.03 Parliamentary Authority........................................................................................4
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Section7.04 Minutes .................................................................................................................5
ARTICLE VIII
BYLAWS
ARTICLE IX
AMENDMENT TO CHARTER AND BYLAWS
Section 9.01 Proposals to Amend Charter and Bylaws..............................................................5
Section 9.02 Board Consideration of Proposed Amendments...................................................5
Section 9.03 Vote Required for Amendments to Charter or Bylaws.........................................5
Section 9.04 City Council Approval of Proposed Charter Amendments ..................................6
ARTICLE X
COMMENCEMENT
ARTICLE XI
DISSOLUTION
ARTICLE XII
APPROVAL OF CHARTER '
-tt- P:\CMW\CMW4CJ OS/Wo
_ CHARTER OF THE
VALLEY COMMUNICATIONS CENTER DEVELOPMENT AUTHORITY
ARTICLE I
NAME AND SEAL
Section 1.01 Name. The name of this authority shall be the Valley Communications
Center Development Authority(hereinafter referred to as the "Authority").
Section 1.02 Seal. The Authority's seal shall be a circle with the name "Valley
Communications Center Development Authority" inscribed therein.
ARTICLE H
AUTHORITY AND LIMIT ON LIABILITY
Section 2.01 Authority. The Authority is a public authority organized pursuant to RCW
35.21.730-.757, as amended (the "Act") and the following identified ordinances (collectively, the
"Ordinance"):
1. Ordinance No. _of the City of Auburn, passed on April 3, 2000;
2. Ordinance No. _of the City of Federal Way, passed on March 21, 2000;
3. Resolution No. 1564 of the City of Kent, passed on March 21, 2000, and
Ordinance No. of the City of Kent, passed on May 2, 2000;
4. Ordinance No. _ of the City of Renton, passed on March 28, 2000; and
5. Ordinance No. of the City of Tukwila, passed on April 3, 2000.
Section 2.02 Limit on Liabilitv. All liabilities incurred by the Authority shall be
satisfied (a) in the case of obligations or liabilities of the Authority which are not limited
recourse in nature, exclusively from the assets, credit, and properties of the Authority, or (b) in
the case of obligations or liabilities of the Authority which, by their terms, are limited recourse
obligations, from such assets, properties or revenues of the Authority as shall be specifically
pledged thereto or otherwise identified as being the source of payment of such limited recourse
obligations or liabilities, and no creditor or other person shall have any right of action against or
recourse to the Cities of Auburn, Federal Way, Kent, Renton and Tukwila Washington
(collectively, the "Cities"), its assets, credit, or services, on account of any debts, obligations,
liabilities or acts or omissions of the Authority.
Section 2.03 Liability of the Authority and the Cities. The following disclaimer shall be
printed or stamped on all contracts, bonds, and other documents that may entail any debt or
liability by the Authority.
The Valley Communications Center Development Authority is a public authority
organized pursuant to Ordinance No. of the City of Auburn, Ordinance No.
_ of the City of Federal Way, Resolution No. 1564 of the City of Kent, and
Ordinance No. of the City of Kent, Ordinance No. _ of the City of
Renton and Ordinance No._ of the City of Tukwila and the laws of the State of
Washington, RCW 35.21.730 through RCW 35.21.757 and RCW ch. 39.34.
RCW 35.21.750 provides as follows: "[A]II liabilities incurred by such public
corporation, commission, or authority shall be satisfied exclusively from the
assets and properties of such public corporation, commission or authority and no
creditor or other person shall have any right of action against the city, town, or
county creating such corporation, commission, or authority on account of any
debts, obligations, or liabilities of such public corporation, commission, or
authority."
In no event shall the obligations of the Authority be payable by recourse against
any properties, assets or revenues of the Cities of Auburn, Federal Way, Kent,
Renton or Tukwila, Washington, the State of Washington or any other political
subdivision of the State of Washington. No person to whom such obligations are
owed shall have any recourse or right of action against the Cities of Auburn,
Federal Way, Kent, Renton or Tukwila, Washington, the State of Washington or
any other political subdivision thereof on account of such obligations, except to
enforce the payments obligated to be made by ordinance by each of the Cities of
Auburn, Federal Way, Kent, Renton or Tukwila.
Any of the Cities may, by ordinance or contract or pursuant to interlocal agreement, agree to pay
(on a contingent basis or otherwise), all or any portion of the obligations of the Authority;
however, (1) no City shall be obligated beyond the proportion or sum specified by ordinance or
contract, and (2) no City shall be obligated, directly or indirectly for the obligations of any other
City.
ARTICLE III
DURATION
The duration of the Authority shall be perpetual except as provided in the Ordinance.
ARTICLE IV
PURPOSE
The purpose of the Authority initially is to provide an independent legal entity under State
law and the Ordinance to finance the acquisition, construction and equipping of the Valley
Communications Center through the issuance and servicing of long term debt in the aggregate
principal amount of not to exceed $12,758,000 (the "Bonds") and, thereafter, to finance the
undertaking of technology and major capital improvements essential to maintain the Center's
functionality, but such additional improvements may be made only with a supermajority vote of
the Board.. A"supermajority vote of the Board," as used in this Article, may be obtained at any
regular or special Board meeting by an affirmative vote of a majority plus one of the Board
members voting on the issue, provided that such majority equals not less than four(4) votes.
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For the purpose of securing the exemption from federal income taxation for interest on
obligations of the Authority, the Authority constitutes an authority and instrumentality of the
Cities of Auburn, Federal Way, Kent, Renton and Tukwila (within the meaning of those terms in
regulations of the United States Treasury and rulings of the Internal Revenue Service prescribed
pursuant to Section 103 and Section 115 0£the Internal Revenue Code of 1986, as amended).
For purposes of Section 265(b)(3)(C)(iii) of the Internal Revenue Code of 1986, as amended, the
amount of each issue of obligations of the Authority shall be allocated in equal shares among
each of the Cities.
ARTICLE V
POWERS
Section 5.01 Powers. The Authority shall have and may exercise all lawful powers
conferred by state laws, the Ordinance, this Charter and its Bylaws. The Authority in all of its
activities and transactions shall be subject to the powers, procedures, and limitations contained in
the Ordinance.
Section 5.02 Indemnification. To the extent permitted by law, the Authority may
protect, defend, hold harmless and indemnify any person who becomes a director, officer,
employee or agent of the Authority, and who is a party or threatened to be made a party to a
proceeding by reason related to that person's conduct as a director, officer, employee or agent of
the Authority, against judgments, fines, penalties, settlements and reasonable expenses (including
attorneys' fees) incurred by him or her in connection with such proceeding, if such person acted
in good faith and reasonably believed his or her conduct to be in the Authority's best interests
and if, in the case of any criminal proceedings, he or she had no reasonable cause to believe his
or her conduct was unlawful. The indemnification and protection provided herein shall not be
deemed exclusive of any other rights to which a person may be entitled as a matter of law or by
contract or by vote of the Board of Directors. The Authority may purchase and maintain
appropriate insurance for any person to the extent provided by the applicable law.
ARTICLE VI
BOARD
Section 6.01 Board Composition and Term of Office. Management of all Authority
affairs shall reside in the Board. The Administration Board of Valley Communications Center,
established pursuant to Section 4 of the Valley Communications Center Interlocal Agreement,
including all amendments, shall act ex officio as the Board of the Authority. Board members
shall have terms coextensive with their terms as members of the Administrative Board of Valley
Communications Center.
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Section 6.02 Board Concurrence and Ouorum Defined. `Board concurrence," as used
in this Article, may be obtained at any regular or special Board meeting by an affirmative vote of
a majority of the Board members voting on the issue, provided that such majority equals not less
than three (3) votes. Any Board action authorizing the issuance of debt shall be required to be
approved by a supermajority vote of the Board.
A quorum to commence a Board meeting shall be no fewer than three (3) members. The
bylaws of the Authority may prescribe Board quorum restrictions that equal or exceed the
quorum restrictions imposed in this Section 6.02. Board members present at a duly convened
meeting may continue to transact business notwithstanding the departure of enough members to
leave less than a quorum.
Section 6.03 Officers and Division of Duties. The Authority shall have at least one
officer, President. The President shall be the agent of the Authority for service of process; the
Bylaws may designate additional corporate officials as agents to receive or initiate process. The
Board also may provide for additional officers, e.g., Vice President, Secretary, Treasurer. The
day to day affairs of the Authority, including debt administration, shall be managed by the
Director of Valley Communications Center, in the manner provided in Section 6 of the Interlocal
Agreement.
Section 6.04 Executive Committee. The Bylaws may provide for an Executive
Committee, which shall be appointed and/or removed by the Board, and shall have and exercise
such authority of the Board in the management between meetings of the Board, as may be _.
specified in the Bylaws.
Section 6.05 Committees. The appointment of other committees shall be provided for
in the Bylaws.
ARTICLE VII
MEETINGS
Section 7.01 Board Meetings.
1. The Board shall meet as necessary but not fewer than two (2) times a year.
2. Special meetings of the Board may be called as provided in the Bylaws.
Section 7.02 Open Public Meetings. To the extent required by law, notice of meetings
shall be given in a manner consistent with the Open Public Meetings Act, Chapter 42.30 RCW.
Voting by telephone or by proxy is not permitted.
Section 7.03 Parliamentary Authoritv. The rules of Robert's Rules of Order (revised)
shall govern the Authority in all cases to which they are applicable, where they are not
inconsistent with the Charter or with the special rules of order of the Authority set forth in the
Bylaws.
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Section 7.04 Minutes. Copies of the minutes of all regular or special meetings of the
Board shall be available to any person or organization that requests them as required by state law;
minutes with respect to closed executive sessions need not be kept or alternatively, need not be
made available.
ARTICLE VIII
BYLAWS
The initial Bylaws may be amended by the Board to provide additional or different rules
governing the Authority and its activities as are not inconsistent with this Charter. The Board
may provide in the Bylaws for all matters related to the governance of the Authority, including
but not limited to matters referred to elsewhere in the Charter for inclusion therein.
ARTICLE IX
AMENDMENT TO CHARTER AND BYLAWS
Section 9.01. Proposals to Amend Charter and Bylaws. Proposals to amend the
Charter may be initiated by the Kent City Council or by the Board. Proposals to amend the
Bylaws may be initiated by the Board. Proposals to amend the Charter initiated by the Kent City
Council shall be presented to the Board, in accordance with the terms of the Ordinance.
Proposals to amend the Charter or the Bylaws may be initiated by the Board in the manner
described in the following Sections 9.02 and 9.03.
Section 9.02 Proposals Initiated by the Board.
1. Proposals to amend the Charter or Bylaws shall be presented in a format which
strikes over material to be deleted and underlines new material.
2. Any Board member may introduce a proposed amendment to the Charter or to the
Bylaws (which may consist of new Bylaws) at any regular meeting or at any special meeting of
which advance notice has been given to members of the Board.
Section 9.02 Board Consideration of Proposed Amendments. If notice of a proposed
amendment to the Charter or to the Bylaws, and information, including the text of the proposed
amendment and a statement of its purpose and effect, is provided to members of the Board prior
to any regular Board meeting or any special meeting of which advance notice has been given,
then the Board may vote on the proposed amendment at the same meeting as the one at which the
amendment is introduced. Germane amendments to the proposed amendment within the scope of
the original amendment will be permitted at the meeting at which the vote is taken.
Section 9.03 Vote Required for Amendments to Charter or Bvlaws. Resolutions of the
Board approving proposed amendments to the Charter or Bylaws require an affirmative vote of a
majority of the Board members voting on the issue, provided that such majority equals not less
than three votes.
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Section 9.04 Citv Council Approval of Proposed Charter Amendments. Proposed
Charter amendments initiated and approved by the Board shall be submitted to the each of the
Councils of the Cities; provided, however, that no amendment to the Charter shall be effective
until approved by the Kent City Council and three of the other Member Cities.
ARTICLE X
COMMENCEMENT
The Authority shall commence its existence effective upon the issuance of its Charter as
sealed and attested by the City Clerk of the City of Kent as provided in the Ordinance.
ARTICLE XI
DISSOLUTION
Dissolution of the Authority shall be in the form and manner required by state law, City
ordinance, and the Bylaws. Upon dissolution of the Authority and the winding up of its affairs,
title to all remaining property or assets of the Authority shall vest in Valley Communications
Center or if there is no Valley Communications Center in existence at the time, then in equal
shares in the Cities of Auburn, Federal Way, Kent, Renton and Tukwila for use for public
purposes.
ARTICLE XII
APPROVAL OF CHARTER
ORIGINAL CHARTER APPROVED by Ordinance adopted by the City Council of the
City of Auburn on April 3, 2000; Ordinance adopted by the City Council of the City of
Federal Way on March 21, 2000; Resolution 1564 adopted by the City Council of the City of
Kent on March 21, 2000, and Ordinance adopted by the City Council of the City
of Kent on May 2, 2000; Ordinance adopted by the City Council of the City of Renton on
March 28, 2000; and Ordinance adopted by the City Council of the City of Tukwila on
April 3, 2000.
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CERTIFICATE
I, the undersigned, City Clerk of the City of Kent, Washington, DO HEREBY CERTIFY
that the attached CHARTER OF VALLEY COMMUNICATIONS CENTER DEVELOPMENT
AUTHORITY is a true and correct original of such charter as authorized by Ordinance No.
of the City of Kent.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Kent this day of 2000.
City Clerk of the City of Kent, Washington
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EXHIBIT B
BYLAWS OF THE
VALLEY COMMUNICATIONS CENTER DEVELOPMENT AUTHORITY
ARTICLE I
BOARD
Section 1.01. Composition of the Board. For the purpose of determining Board
composition and administration, the procedures set forth in the Charter and the Interlocal
Agreement shall govem.
ARTICLE II
OFFICERS AND COMMITTEES
Section 2.01. Officer Designated. The Presiding Officer of the Administration Board
selected in the manner provided in Section 4.2 of the Valley Communications Center Interlocal
Agreement, including all amendments, shall be the President of the Board. Such other officers
and assistant officers as may be deemed necessary may be elected or appointed by the Board. No
person may simultaneously hold more than one office. In addition to the powers and duties
specified below, the officers shall have such powers and perform such duties as the Board may
prescribe.
Section 2.02. Qualification and Term of Office. The additional officers shall be members
of the Board or any other person designated by the Board who is at the time an official or
employee of at least one of the Cities or Valley Communications Center. The additional officers
shall be elected or appointed by the Board and shall hold office for terms established as a part of
the original appointment or for terms established in accordance with the Interlocal Agreement.
Section 2.03. Establishment of Committees. The Board, by resolution, may designate
from among its members one or more committees, to represent the Board and, except as
prohibited by the Charter, act for and on behalf of the Board. The designation of any such
committee and the delegation thereto of authority shall not operate to relieve any member of the
Board of any responsibility imposed by law.
ARTICLE III
MEETING
Section 3.01. Regular Board Meetings. There shall be a minimum of two (2) meetings
each year of the Board. Unless otherwise designated by the President, the first regular meeting
shall be held on the second Tuesday in February, and the second regular meeting shall be on the
second Tuesday in September.
Section 3.02. Special Board Meetings. Subject to Article VII of the Charter, special
meetings of the Board may be held at any place at any time whenever called by the President or a
majority of the members of the Board.
Section 3.03. Notice of Regular Board Meetings. No notice of the regular meeting shall
be required, except of the first regular meeting after any change in the time or place of such
meeting adopted by resolution of the Board as above provided. Notice of such changed regular
meeting shall be given by personal communication over the telephone to each Board member at
least twenty-four(24) hours prior to the time of the meeting or by at least three (3) days notice by
mail, telegram or written communication. If mailed, notice shall be mailed by United States
mail, postage prepaid, to the last known address of each Board member. In addition, the
Authority shall routinely provide reasonable notice of meetings to any individual specifically
requesting it in writing. At any regular meeting of the Board, any business may be transacted and
the Board may exercise all of its powers.
Section 3.04. Notice of Special Board Meetings. Notice of all special meetings of the
Board shall be given by the Director of Valley Communications Center or by the person or
persons calling the special meeting by delivering personally or by mail written notice at least
twenty-four (24) hours prior to the time of the meeting to each Board member, to the Mayors of
the Cities of Auburn, Federal Way, Kent, Renton and Tukwila and to each local newspaper of
general circulation and to each radio or television station that has requested notice as provided in
RCW 42.30.080. In addition, the authority shall provide notice of special meetings to any
individual specifically requesting it in writing.
The time and place of the special meeting and the business to be transacted must be
specified in the notice. Final disposition shall not be taken on any other matter at such meetings.
Section' Waiver of Notice. Notice as provided in Sections 3.03 and 3.04 hereof
may be dispensed with as to any member of the Board who at or prior to the time the meeting
convenes files with the Board of the Authority a written waiver of notice or who is actually
present at the meeting at the time it convenes. Such notice may also be dispensed with as to
special meetings called to deal with an emergency involving injury or damage to persons or
property or the likelihood of such injury or, damage, where time requirements of such notice
would make notice impractical and increase the likelihood of such injury or damage. Notice, as
provided in Article IX of the Charter concerning proposed amendments to the Charter or Bylaws
and votes on such amendments, may not be waived.
Section 3.06. Notice to Citv Council. Notice of all meetings and minutes of all meetings
of the Board shall be given to the City Council of the Cities of Auburn, Federal Way, Kent,
Renton and Tukwila by giving notice to the City Clerk of each of the foregoing Cities.
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ARTICLE IV T
AMENDMENTS TO CHARTER AND BYLAWS
Section 4.01. Proposals to Amend Charter and Bvlaws.
1. Proposals to amend the Charter or Bylaws shall be presented in a format which
strikes over material to be deleted and underlines new material.
2. Any Board member may introduce a proposed amendment to the Charter or to the
Bylaws (which may consist of new Bylaws) at any regular meeting or at any special meeting.
Section 4.02. Board Consideration of Proposed Amendments. If notice of a proposed
amendment to the Charter or to the Bylaws, and information including the text of the proposed
amendment and a statement of its purpose and effect, is provided to members of the Board prior
to any regular Board meeting or any special meeting of which advance notice has been given,
then the Board may vote on the proposed amendment at the same meeting as the one at which the
amendment is introduced. Germane amendments to the proposed amending within the scope of
the original amendment will be permitted at the meeting at which the vote is taken as provided in
the Charter.
Section 4.03. Vote Required for Amendments to Charter or Bylaws. Resolutions of the
Board approving proposed amendments to the Charter or Bylaws require an affirmative vote of a
majority of the Board members voting on the issue, provided that such majority equals not less
than three votes.
Section 4.04. City Council(s) Approval of Proposed Charter Amendments. Proposed
Charter amendments shall be submitted for consideration to each of the City Councils of the
Cities of Auburn, Federal Way, Kent, Renton and Tukwila and shall take effect only if approved
by ordinance approved by the Kent City Council and the City Councils of at least three other
Cities.
Section 4.05. Effective Date. Amendments to the Bylaws are effective upon adoption by
the Board.
ARTICLE V
ADMINISTRATIVE PROVISIONS
Section 5.01. Books and Records. Valley Communications Center, on behalf of the
Authority, shall keep current and complete books and records of account and shall keep minutes
of the proceedings of its Board and its committees having any of the authority of the Board. The
proceeds of any borrowing by the Authority shall be held, invested and disbursed by Valley
Communications Center, subject to the terms and limitations established pursuant to the
Interlocal Agreement. Valley Communications Center shall provide a regular accounting of the
financial affairs of the Authority to the Board at each regular Board meeting. The obligations of
the Authority shall be administered by Valley Communications Center, and Valley
-3- PiCMMCMW6CI 05109/00
Communications Center is hereby designated and delegated with full authority to administer such
obligations, all in a manner consistent with the Interlocal Agreement.
Section 5.02. Indemnification of Board Members. The Authority elects to defend and
indemnify its present and former board members and officers and their successors, spouses and
marital communities to the full extent authorized by law and the Charter. In addition, the right of
indemnification shall inure to each Board member or officer and his or her spouses and marital
communities upon his or her appointment to the Board and the event of his or her death shall
extend to his or her heirs, legal representatives and estate. Each person who shall act as Board
member or officer of the Authority shall be deemed to do so in reliance upon such
indemnification and such rights shall not be exclusive of any other right which he or she may
have.
Section 5.03, Principal Office. The principal office of the Valley Communications
Center Development Authority shall be 23807 981h Avenue South, Kent, Washington 98031.
Section 5.04. Fiscal Year. The Fiscal Year of the Authority shall begin January 1 and
end December 31 of each year, except the first fiscal year, which shall run from the date the
Charter is issued to December 31, 2000.
ARTICLE VI
APPROVAL OF BYLAWS
APPROVED by Ordinance adopted by the City Council of the City of Auburn on
April 3, 2000; Ordinance adopted by the City Council of the City of Federal Way on
March 21, 2000; Resolution 1564 adopted by the City Council of the City of Kent on March 21,
2000, and Ordinance adopted by the City Council of the City of Kent on May 2, 2000;
Ordinance adopted by the City Council of the City of Renton on March 28, 2000; and
Ordinance adopted by the City Council of the City of Tukwila on April 3, 2000.
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Kent City Council Meeting
Date May 16 , 2000
Category Consent Calendar
1 . SUBJECT: SECURITY SYSTEM AGREEMENT WITH HONEYWELL - ACCEPT
2 . SUMMARY STATEMENT: As recommended by the Parks Director,
approve entering into an agreement with Honeywell, a single
source provider, for $46, 825, plus Washington State Sales Tax,
to supply and install a security card system at City Hall and
the Centennial Center. This agreement includes equipment,
labor, and training.
3 . EXHIBITS: Memo and proposal
4 . RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $46 , 825 , plus WSST
SOURCE OF FUNDS : CIP
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6F
— OFFICE OF THE CITY ATTORNEY
Memorandum
PRIVILEGED P,ND CONFIDENTIAL
To: Charlie Lindsey, Facilities Superintendent
Cc:
From: Pat Fitzpatrick, Assistant City Attorney r t �'•
8e• Request for Mayor's Signature —Honeywell Contract
Date: April 27, 2000
I have reviewed the proposed Honeywell contract for the Mayor's signature and have a few
concerns.
1. Pursuant to the City's Procurement Policy, it appears that the bidding process is not
necessary in this case due to the fact that Honeywell is a single source provider.
However, pursuant to Procurement Policy 1.1.7 and Kent City Code 3.70.050, this
contract should be authorized by the City Council. I understand that the money for
this project was already budgeted; however, the budgeting of the funds does not
remove the contract from the scope of the requirements of the Procurement Policy
and the Kent City Code. Therefore, it is my opinion that the Mayor's signature is not
sufficient to authorize the contract.
2. It is my opinion that the addendum is confusing in the way it is presented. Certainly
I know what language of the addendum should and should not be included.
However, a judge reviewing this addendum would be confused as to which part of
the addendum is to remain part of the contract. I would recommend that a new
addendum be obtained. The new addendum should have the language stricken that
does not apply and all parties should initial adjacent to those stricken sections. This
would provide a clearer addendum and would avoid interpretation problems in the
future.
3. There appears to be only one original of the agreement. I would recommend having
three originals executed. One original for facilities, one original for the City Clerk,
and one original for Honeywell.
MEMORANDUM:
Charlie Lindsey,Facilities Superintendent
April 27,2000 _
Page: 2
I understand that these three issues may delay the procedure and may result in the City losing
a discount; however, these issues are either required or important enough to delay the process.
If you have any questions, please do not hesitate to call. I was out of the office on
Wednesday, April 26, 200, and will be out of the office most of the day on Friday, April 28, 2000.
However, if necessary, another attorney in the office may be able to assist you.
P:ICinTFILFSOpmfila�A367LLindfryMrno-HoneyrellConvan.0l.doe
Honeywell
Honeywell Inc.
9555 SE 36th St
Mercer Island WA 98040-3797
Charles Lindsey March 22, 2000
City of Kent
220 4'Ave. S.
Kent, WA 98032
Dear Charles:
As a result of our recent discussion, I am pleased to present a new proposal to add card readers to the City
Hall Building. This card reader system will be integrated with the existing XSM Software. Listed below is
the cost breakout of equipment, labor and training to complete this project.
Honeywell's scope of work to include:
• Providing(2) 4100 digital 8 door controllers
• Providing(2) MIRO 16/8 boards(contacts,rex's,strike power)
• Providing (2) Enclosures, sized to house a 4100 and two MIROs
• Providing (9) Interior prox. card readers
• Providing (3) Exterior card readers
• Providing(1) CI-1 Data broadcast box
• Providing(11)Rex's request to exit motion detectors
• Providing(12) Stand off mounting brackets (to attach the readers to the bricks)
• Providing (3)NexStar couplers (to home run readers to controllers)
• Providing (2) 5amp power supplies
• Providing (10) 24 Door photo ID software package
• Providing(1) Fargo 850 printer
• Providing(1) Sony digital camera
• Providing(8) Single door contacts
• Providing (3) Double door contacts
• Providing(3) Fargo ribbons
• Providing(2) Fargo cleaning kit
• Providing(1) 500 unit card stock
• Providing Wire, electrical permit, installation, testing
• Providing (12)Hours for drilling through brick walls and installation of sleeves
• Providing (20)Hours of training on the new system and photo ID process
• Providing (42) Hours of labor to support the system programming and reconfiguration of Software.
Notes:
1. The above system does not include the cost of the electronic door strikes.(Lock-Tech to install and bill
on separate invoice.)
2. This installation does not cover any damage to interior bricks if damaged when drilling for the .
installation of readers. (Customer can have others drill holes, or repair damages)
3. Labor to run wire through bricks and up to the server room is estimated If problems arise additional
labor hours may be needed.
4. Elevator company to provide contacts and programming of elevator to elevator reader. Honeywell to
_ run wire.
5. Customer to provide tripod for camera and power for each controller.
Installation and programming cost to add the 12-door system along with photo ID to the existing XSM
system. $46,825.00 +tax
� r�k.e.gym so.ago,
City of Kent Access Control Page 2 of2
Equipment,labor,training cost break out:
Equipment: Controller,readers,photo ID,software = $28,918.00
Labor: Installation,programming,testing = $16,244.00
Training: New software,Photo ID = $ 1,663.00
Total investment: $46,825.00
Customary down payment of twenty percent(20%)is due at time of contract signing.
Installation to begin in April with an estimated completion time of end May.
Attached are the contracts for review and signature.
Please call Howard Richardson with sales at 206-236-4025 or
Steve Berry(software,IS specialist) 206-236-6767
Thanks again,
T
Howard Richardson
Sales Representative
Kent City Council Meeting
Date May 16 , 2000
Category Consent Calendar
1 . SUBJECT: ART PROJECT AT CLARK LAKE BY RUTH TOMLINSON -
APPROVE
2 . SUMMARY STATEMENT: As recommended by the Parks Director,
approve the proposed art project by Ruth Tomlinson at Clark
Lake Park.
The art project at Clark Lake proposed by Ruth Tomlinson,
consists of area pavers with etched topography lines, a wall
with etched nature designs, seating, and stairs of rock etched
with a trail of ants . Total project cost is $32 , 250 . 00 .
3 . EXHIBITS: Description, budget and timeline
4 . RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $32 , 250 . 00
SOURCE OF FUNDS : City Art Plan
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6G
Proiect Title: Clark Lake Park Artwork
Proiect Descriotion: A professional artist would be hired to work with Parks
Planning and Development staff to conceptualize, design, create and
install/integrate an original artwork(s) in the development of Clark Lake Park. To
facilitate the integration of the artwork, the artist will be hired through direct
selection, thus allowing more time for the artist to work on the project.
Estimated 2000 Costs: $30,000
• Fundino Source: City Art Plan
Backaround: The Arts Commission seeks to preserve and enhance the natural
environment of Clark Lake Park through artwork. The City's park system has
been an ideal setting for placement of permanent public art. The highly used
parks allow citizens to enjoy the artworks in a truly public area. The integration of
the artwork into the design and construction of projects and parks has
traditionally helped with maintenance, curbing vandalism and allowing budget
dollars to be spent more efficiently.
i
Clark Lake 2000 Art Project
Ruth Marie Tomlinson
This project has two aspects: The Elevated Viewpoint and The Trail
Stairs. Each of these aspects is in the southeast section of the park, which is
the most developed area. In addition, a stone will be sited along this section
of trail with a sand blasted quote by Theodore Cook that states the intention
of this art work which is to mark this park as a pause in the midst of urban
activity.
The Elevated Viewpoint will be sited directly south of the pier. It
consists of a one hundred-foot rock retaining wall made of large stones
found on city property and Hanson Granite. This wall will define the path to
the pier and around the lake. Above the wall a 400 square foot patio of
granite pavers will support two concrete and wood benches. This paved
patio will be marked with the elevation lines of the park, referencing the .
dished shape or downward spiraling to the lake, which makes Clark Lake
such a secluded area. Additional images of other spirals found in nature
(fingerprints, fern fronds, pinecones, etc) will be sand blasted into rocks in
the retaining wall. These images will be small and the reward of an
observant eye.
The Trail Stairs will replace the existing stairs at the southeast corner
of the lake with granite risers, a wood handrail and other landscape rocks.
Two of these risers will have ant trails sandblasted into their surfaces,
referencing the anthill, which exists to the side of the stairs.
The Parks Planning Department will join this project with trail
building and plantings. In addition Parks Maintenance has agreed to assist in
installation.
- Clark Lake 2000 Art Project - Calendar
Concept Development March - April
Develop Graphics May - June
Materials Ordering May
Pieces to Sandblaster June 1
Cutting Pavers * June
Site Preparation July 10 - August 5
Riser Delivery August 1
Wall material delivery August 8
Paver delivery to site August 21
Installation August 8 - September 15
Potential Dedication September 28
* if paver graphics are cut in rather than laid in on site
Clark Lake 2000 Art Project - Budget 30,00o
(29,268)
Stone 6150
7-8 tons granite risers 2000
Granite for quote 150
10 tons Hanson Creek 1 man landscape granite 1000
6-7 tons pavers, sandstone and granite flags or dimensional 3000
Delivery 974
Dump truck of landscape granite 163
Boom truck of risers 595
Pallet truck of pavers 216
Sandblasting 2150
12 spiral images Hanson Creek granite 900
4 ant trails on granite risers 600
Signage on pavers 150
Quote 300
Delivery 200
Concrete, Motor etc. 1000
Bench 1050
Custom Sono tubes 500
Lumber 90
Hardware 100
Fittings 200
Assembly 160
Signage 319
Misc. Equipment and Rentals 1000
Labor 8500
Artist 4000
Assistant 2400
Day labor 600
Americore 1500
Consultant 875
Artist's Fee 6000
Tax 2250
Provided by Parks: Path construction and materials
Installation assistance
Plantings
Kent CityCouncil Meeting
9
Date May 16 , 2000
Category Consent Calendar
1 . SUBJECT: GREEN RIVER NURSERY/GREENHOUSE/HOOPHOUSE - ACCEPT
AS COMPLETE
2 . SUMMARY STATEMENT: As recommended by the Public Works
Director, accept as complete the Green River Nursery/
Greenhouse/Hoophouse contract and release of retainage to
R.L.Bates Construction, Inc . upon standard releases from the
State and release of any liens . The original contract amount
was $119, 460 . 00 . The final construction cost was $133 , 671 .48 .
Adequate funds exist within the project budget to cover this
overage .
3 . EXHIBITS: None
4 . RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS :
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6H
Kent City Council Meeting
Date Mav 16 , 2000
Category Consent Calendar
1 . SUBJECT: CHEMCENTRAL, RECOVERY OF FUNDS
2 . SUMMARY STATEMENT: Authorization to distribute funds
recovered from the ChemCentral emergency.
ChemCentral and their insurance company have been extremely
supportive of processing our claim for costs related to the
large incident last September. Fire Administration and
ChemCentral have asked that the City consider using the funds
for uses that would further benefit the overall community.
Fire Administration would like to recommend the following:
1 . $30, 000 to assist in the purchase of an aid car that will
be partially purchased by a developer.
2 . $5, 000 one time funding of bike helmets to be distributed
by Fire & Police .
3 . $11, 000 for additional costs related to IEMC Disaster
training at FEMA
4 . $20 , 000 to establish a project account for a statewide
consortium of cities dealing with the Olympic Pipe Line
franchise agreements . This account would be established
under City Administration under the Control of Mr. McFall .
5 . $25, 749 . 74 would go back to the General Fund.
3 . EXHIBITS:
4 . RECOMMENDED BY: Fire Admin. & Operations Committee (3-0)
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS :
7 . CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Council Agenda
Item No. 6I
/X/�
Kent City Council Meeting
Date Mav 16 , 2000
Category Other Business
1 . SUBJECT: SEATAC AIR FLIGHT TRAFFIC STUDY - RESOLUTION
2 . SUMMARY STATEMENT: Council is asked to adopt the proposed
resolution supporting the existing south flight patterns for
operations at SeaTac Airport and opposing implementation of the
South Flow Two Tracks alternative or the South Flow Three
Tracks alternative flight patterns as set forth in the SeaTac
Part 150 Noise and Land Use Compatibility Study. The Part 150
Study was conducted to evaluate programs to reduce the impact
of aircraft noise in neighborhoods impacted by aircraft
operations at SeaTac Airport .
3 . EXHIBITS: Resolution
4 . RECOMMENDED BY: Planning Commission
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS :
7 . CITY COUNCIL ACTION:
Councilmember mo9ves, Councilmember seconds
passage of Resolution No . / 5 /7 r supporting the existing south
flight patterns for operations at SeaTac Airport .
DISCUSSION: r
ACTION: v
Council Agenda
Item No. 7A
RESOLUTION NO.
A RESOLUTION of the City Council of the
City of Kent, Washington, regarding the Port of
Seattle's SeaTac International Airport Part 150 Noise
and Land Use Compatibility Study as it relates to south
flow traffic patterns from SeaTac International Airport.
WHEREAS, the Port of Seattle has been conducting a study, known as
the SeaTac International Airport Part 150 Noise and Land Use Compatibility Study, to
consider and evaluate programs to reduce the impact of aircraft noise in
neighborhoods impacted by aircraft operations from SeaTac Airport,; and
WHEREAS, the findings from the Part 150 Study will provide a basis
to update the current noise abatement efforts at SeaTac Airport while maintaining
existing programs, such as the Noise Remedy Sound Insulation Program; and
WHEREAS, participants in this study included a citizens' advisory
committee, a technical advisory committee, and three sub-committees (operations,
land use, and data); and
WHEREAS, at least five (5) open houses have been held, beginning in
December, 1997, to provide forums for the public to express goals for the study and
important areas of concern; and
1 SeaTac International Airport Part 150
Noise and Land Use Compatibility Study
WHEREAS, based upon input from the committees and the public, the
study has produced findings of flight track alternatives for both north flow and south
flow aircraft traffic patterns at the SeaTac International Airport; and
WHEREAS, City Council has reviewed and considered the findings on
the existing conditions on traffic flow as well as the proposed alternatives for traffic
flow, especially the data on the South Flow Two Tracks III.20.A and South Flow
Three Tracks III.20.13 alternatives for south traffic flow from SeaTac International
Airport; and
WHEREAS, the City Council further finds that adoption of the South
Flow Two Track Alternative III.20.A and the South Flow Three Track Alternative
III.20.13 would impact the residents of the City of Kent by expanding air traffic into
the Kent area which may require a costly expansion of the Noise Remedy Sound
Insulation Program or other remedies beyond the boundary of the existing south flow
track if either alternative is adopted; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the Port of Seattle maintain the existing south flow
tracks for operations at SeaTac Airport and not implement either the South Flow Two
Tracks III.20.A or the South Flow Three Tracks III.20.13 alternatives as set forth in the
Part 150 Study in order to minimize impact of air traffic flow noise in the Kent area
and the need to expand remedial programs beyond the existing boundaries of the
current remedial program.
2 SeaTac International Airport Part 150
Noise and Land Use Compatibility Study
SECTION 2. Effective Date. This resolution shall take effect and be
in force immediately upon its passage.
PASSED at a regular open public meeting by the City Council of the City
of Kent, Washington, this day of 12000.
CONCURRED in by the Mayor of the City of Kent this day of
, 2000.
JIM WHITE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
ROGER A. LUBOVICH, CITY ATTORNEY
I hereby certify that this is a true and correct copy of Resolution No.
passed by the City Council of the City of Kent, Washington, the day
of 2000.
BRENDA JACOBER, CITY CLERK
P�Clvd\ResolwionSeaTacNoiseLandUseSwdy doc
3 SeaTac International Airport Part 150
Noise and Land Use Compatibility Study
Xl/�
Kent City Council Meeting
Date Mav 16 , 2000
Category Other Business
1 . SUBJECT: SUBDIVISION CODE AMENDMENT - ORDINANCE
2 . SUMMARY STATEMENT: On April 24 , 2000 , the Land Use &
Planning Board recommended approval of proposed amendments to
the Kent Subdivision Code . These amendments address only
procedural requirements related to subdivisions, short
subdivisions, and lot line adjustments; subdivision standards
will be addressed in a later phase of review. The proposed
procedural amendments are aimed at modernizing the code and
integrating recent changes in state subdivision law.
3 . EXHIBITS: Memo, minutes of Land Use and Planning Board of
4/24/00 , and ordinance
4 . RECOMMENDED BY: Land Use and Planning Board
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS :
7 . CITY COUNCIL ACTION:
Councilmember 6-1/0 oves, Councilmember / seconds
to adopt Ordinance No. -35 11 updating the subdivision code and
related Kent City Code provisions, 00 04V-e-tiQe40
DISCUSSION:
ACTION:
Council Agenda
Item No. 7B
CITY OF 1 Q,,L�
VJim White, Mayor
Planning Department (253)856-5454/FAX(153) 856-6454
James P. Hams,Planning Director
STAFF REPORT
May 16, 2000
MEMO TO: MAYOR WHITE AND MEMBERS OF THE KENT CITY COUNCIL
FROM: DIANA C. NELSON, PLANNER
SUBJECT: #SCA-2000-1 SUBDIVISION CODE AMENDMENT
INTRODUCTION
The Planning Department initiated an update of the Kent Subdivision Code, Chapter 12.04 of the
Kent City Code in order to bring the code into compliance with current state law and other city
code sections as well as the changes in procedure and processes, which have occurred since the
last major update of the Subdivision Code in 1981. Staff has also taken this opportunity to
reorganize the code to improve readability and increase the usability of the subdivision code by
staff, developers and the general public.
The Land Use and Planning Board held workshops on the proposed subdivision code
amendments on February 14, March 13 and April 10, 2000. Prior to the April 10"i workshop, the
Land Use and Planning Board solicited comments on the amendments from developers. The
Board sent a draft copy of the proposed amendments to a list of 22 real estate developers,
builders and property owners who regularly develop land in Kent, along with a letter requesting
their comments and input on the proposed amendments. The written comments received from
Schneider Homes and the verbal comments made to staff by Paul Morford were discussed by the
Board during the workshop. The list of developers were sent written notification of the Land
Use and Planning Board public hearing on April 24, 2000 and a revised copy of the proposed
amendments. Extensive comments made by Mr. Morford during the Land Use and Planning
Board public hearing regarding the proposed code amendments, were addressed by the Board
during the public hearing and appropriate revisions made to the proposal. Notification of the
City Council meeting on May 16, 2000 was mailed to the list of developers.
While much of the Chapter 12.04 text remains the same or substantially similar to the existing
subdivision code, but most sections have been renumbered, rearranged and/or reorganized to
improve readability and better explain the subdivision process. The proposed new language
and sections are shown as underlined, while proposed deletions are shown as strike-outs.
The following substantive changes are proposed to the existing subdivision code:
• Added sections addressing the determination of completeness of an application.
■ Added sections addressing vesting of an application.
• Added sections addressing property annexed into the city with county plat approval.
220 nth AVE.SO.. /KENT,WASHINGTON 98032-5895 1 TELEPHONE (2531 856-5200
#SCA-2000-1 Subdivision Code Amendment
May 16,2000
Page 2
■ Added procedures for alteration of plats.
• Added procedures for vacation of plats.
■ Added approval criteria for each type of plat and lot line adjustments.
• Added procedures for processing lot line adjustment applications.
• Added and revised certain definitions to correspond with the definitions utilized in Title 15,
Zoning Code.
• Revised definitions of parks to correspond with the definitions of parks being included in the
updated Parks Comprehensive Plan.
• Revised the preliminary plat requirements for both types of short plats and subdivisions to
more accurately reflect what is currently required by the city and to make the language and
phrasing consistent between the different types of subdivision processes.
■ Revised the tentative plat section to more accurately reflect the city's process of making
recommendations, conditions and modifications to tentative plats.
• Revised final plat requirements to reflect the information currently required by the city.
• Updated the application process sections that no longer reflect current office procedures.
• Separated short subdivisions into two categories: Type I (2-4 lots) and Type II (5-9 lots).
• Reorganized the sections to include all of the requirements and standards for each type of
plat within an inclusive element (i.e. Type I Short Subdivisions 12.04.100-12.04.270).
■ Simplified language when possible.
• Consolidated sections or separated elements as appropriate for improved understandability
and flow of the text.
In addition, to the Chapter 12.04 amendments, the following amendments have been proposed to
Section 12.01.140, Notice of Application; and Section 2.32.090, Duties of the Hearing Examiner,
in order to be consistent with the amendments to the subdivision code:
Section 12.01.140:
Deleted the requirement for a notice of application on a final subdivision plat.
Added the provision to require more than one public notice board if another section of the
city code makes provisions for that requirement.
Section 2.32.090:
Added the provision to allow the hearing examiner to make decisions on variances to the
subdivision code.
The proposed amendments deal only with the procedural sections of the subdivision code since
it is important to bring the subdivision code into compliance with state regulations and other
sections of the city code and current city practices and procedures as soon as possible. The
standards sections of the subdivision code are still being reviewed and discussed by a multi-
departmental/citizen advisory group. The standards sections will be amended again when new
subdivision standards are developed and approved by the Planning, Fire and Public Works
Departments.
Staff will be available at the May 16, 2000 City Council meeting to present the proposed
amendments to the subdivision code and answer questions regarding the proposed changes to the
subdivision code.
#SCA-2000-1 Subdivision Code Amendment
May 16, 2000
Page 3
RECOMMENDATION
The Land Use and Planning Board unanimously recommended approval of the proposed
subdivision code amendments and associated city code amendments presented in the attached
ordinance.
DMpm S:IPermitTlanlSubdivisionCodeAmdmentslSCA-2000-ICityCouncilstaffrep.doc
enc: Subdivision Code Ordinance
April 24,2000 LUPB Minutes
cc: James P.Harris, Planning Director
Fred Satterstrom,Planning Manager
Charlene Anderson, Senior Planner-Current Planning
Diana Nelson,Planner
CITY OF J 6�ub��J
d
Jim White, Nlayor
�N V ICTA
Planning Department (253) 856-5454/FAX(253) 856-6454
James P. Hams, Planning Director
LAND USE & PLANNING BOARD MINUTES
Public Hearing
April 24, 2000
The meeting of the Kent Land Use and Planning Board was called to order by Chair Jon Johnson at
7:00 p.m. on Monday, April 24, 2000 in Council Chambers of Kent City Hall.
LAND USE & PLANNING BOARD STAFF MEMBERS PRESENT
MEMBERS PRESENT Fred N. Satterstrom, Planning Manager
Jon Johnson Chair Diana Nelson, Planner
Ron Harmon, Vice Chair Pamela Mottram, Admin Secretary
Steve Dowell Tom Brubaker, Deputy City Attorney
David Malik Gary Gill, City Engineer
Terry Zimmerman
LAND USE & PLANNING BOARD
MEMBERS ABSENT
Brad Bell, Excused
Sharon Woodford, Excused
APPROVAL OF MINUTES
Steve Dowell MOVED and David Malik SECONDED to approve the minutes of February 28, 2000.
Motion carried.
ADDED ITEMS TO THE AGENDA
None
COMMUNICATIONS
None
NOTICE OF UPCOMING MEETINGS
Planning Manager, Fred Satterstrom stated that it is likely that the Council Planning Committee will make
a recommendation to move the Urban Separator issue on to the Full Council at their May 1, 2000 meeting.
#SCA-2000-1 SUBDIVISION CODE AMENDMENT
Planner, Diana Nelson stated that the Planning Department has initiated an update of the Kent Subdivision
Code, Chapter 12.04 to bring it into compliance with current state law and to reflect changes in City
procedures and processes, which have occurred since the 1981 update. Ms. Nelson stated that the code has
been reorganized to improve both readability and usability.
Ms. Nelson stated that workshops were held February 14, March 13 and April 10, 2000 with comments
solicited from developers prior to the April 10 workshop. Ms. Nelson stated that some proposed changes
include:
"11 311h AVE. SO- /KENT. WASHINGTON 48012-5895/TELEPHONE 12531 856-i'00
Land Use and Planning Board Minutes
April 24, 2000
Page 2
♦ Addition of sections on the determination and completeness of an application, vesting of an application,
property annexed into the city with county plat approval as well as adding procedures for the alteration
and vacation ofplats
♦ Updating the application process sections that no longer reflect current office procedures,
♦ Separating short subdivisions into Type I (two to four lot short plats) and Type 11 (five to nine lot short
plats) categories.
♦ Reorganization of the short subdivision categories to include all requirements and standards for each
type of plat within an inclusive element
♦ Adding approval criteria for each type of plat,
♦ Adding processing procedures and approval criteria for lot line adjustment applications,
♦ Removing specifics of application requirements when already included in the application forms,
♦ Simplifying language when possible,
♦ Consolidating sections or separating elements as appropriate for improved comprehension and text flow.
Ms. Nelson stated that since the April 10 workshop, the following revisions were made to the proposed
amendments in response to Public Works and Planning department comments:
♦ Preliminary and final plat requirements were revised to reflect Planning, Public Works and Property
Management division requirements.
♦ Cross-reference section numbers were added to the "Determination of Completeness", "Notice of
Application"and"Public Notice"sections to guide users to the corresponding procedural sections of the
Kent City Code Chapter 12.01. (procedural section of the City Code relating to subdivision and zoning
processes). Ms.Nelson stated that the health agency recommendation section was revised to clarify that
those recommendations must be submitted at the time of preliminary plat application and that the
tentative plat sections were revised to reflect the City's process of making recommendations, conditions
and modifications.
♦ Ms. Nelson spoke at length on the revisions to the Hearing Examiner's Request for Reconsideration
section as well as the changes implemented in Chapter 12.01.140 "Notice of Application" which
included deleting the notice of application requirement for a final subdivision plat.
♦ Ms. Nelson stated that a provision was added to require more than one notice board on a piece of
property to correlate with any section of the City Code that made provisions for that requirement. Ms.
Nelson spoke at length on the changes made to accurately define types of city parks and services.
♦ Ms. Nelson spoke at length on language changes made to accurately reflect case law compliance
pertaining to vesting of plats in relation to city and county standards.
♦ Ms. Nelson spoke at length on the Hearing Examiner duties and specifically on the section that allows
the hearing examiner to make exceptions to the subdivision code. She stated that the Planning Director
wishes to eliminate the exceptions section while allowing variances under the normal variance process.
Ms. Nelson stated that Section 2.32.090 referred only to the zoning code without any reference to the
subdivision code for variances. Therefore, the language "subdivision code" was added to that section
to allow variances to be processed on the subdivision code, which allows for more consistent decision
making processes.
U.I USERDATAILUPBUtINUTES1000424mn.doc
Land Use and Planning Board Minutes
April 24, 2000
Page 3
Ms. Nelson stated that this is a procedural amendment and that subdivision standards will be revised through
a Phase II amendment process. She recommended that the Board include (as part of their motion) to allow
the City Attorney's office to make all necessary formatting and typographical error changes in the
subdivision code as they deem necessary prior to moving this amendment to City Council.
Ron Harmon MOVED and David Malik SECONDED to open the public hearing. Motion carried.
Paul Morford, P O Box 6345, Kent, WA 98064 voiced his concern that staff is attempting to change
procedures that conflict with both city and state law. He stated that it was his understanding that law must
be changed first, then changes to the code could be implemented.
Mr. Morford noted the following changes he would like implemented within the Subdivision Code:
1) Updating the subdivision code to comply with current city practices is illegal and the code should be
amended prior to changing city procedures.
2) Include a member of the Land Use and Planning Board as part of the Subdivision Committee (Sec.
12.04.175.A) Page 22.
3) Change language that states the "Hearing Examiner is appointed by the City Administrator", which
needs to be changed to correctly reflect the proper title classification of"Director of Operations" (Sec.
12.04.025.) Page 10 and where applicable, replace the term"Planning Commission"with"Land Use and
Planning Board".
4) Eliminate the Hillside subdivision section that indicates hillside requirements are applied to road slopes
of only seven percent and lot definition should not be changed to include open spaces (Page 10).
5) Change definition of"lot frontage"to include language about lot width and configuration such as pie-
shaped and flag lots.
6) Change definition of street to remove language regarding the 30 foot right of way.
7) Change language to address non-conforming lots (Sec. 12.04.040. Penalties)
8) Change language in short plat purpose statement regarding infill development to address non-conforming
lots and lots of record.
9) Change language in Section 12.04.125B to not require information on the subdivision engineer for
preliminary short plat applications.
10) Delete the language that indicates storm water retention and sidewalks are required for short plats
because it could discourage development on four lot short plats (Sec. 12.04,130. #5 and 46) Page 18.
11) Shorten approval time and determine completeness at the counter at the time of intake by changing the
time lines for submittal and approval of a type I short subdivision preliminary plat application. (Sec.
12.04.135) Page 19.
12) Eliminate the requirement for interior monuments on four lot short plats (Sec. 12.04.215.A # 8) Page
28.
13) Eliminate the requirement for listing all conditions of approval of the short subdivision on the face of
the plat map as this could create problems if the applicant is required to modify drawings (Sec.
12.04.215.A 413) Page 28.
14) Delete the requirement that indicates that subdivision standards of adjoining jurisdictions should be taken
into consideration(Sec. 12.04.130. #4) Page 18.
_ 15) Add the statement "to make nonconforming lots of record conforming" as an additional purpose for
creating lot line adjustments (Sec. 12.04.905.) (Sec. 12.04.925.) Page 71 and 73.
Ron Harmon MOVED and David Malik SECONDED to close the public hearing. Motion carried.
U:i USERDA TA IL UPSUVIINUTES1000414mn.doc '
Land Use and Planning Board Minutes
April 24, 2000
Page 4
Diana Nelson stated that the "Determination of Completeness"procedures included in the subdivision code
is mandated by House Bill 1724 and incorporated into Kent's City Code Chapter 12.01.
Ms. Nelson stated that the requirements included in the subdivision code for preliminary and final plat
approval and submission are currently required by public works and/or mandated by state survey law.
Ms. Nelson stated that Public Works department determines if storm water detention is required on property.
She stated that typically storm water detention is required on property with an excess of 5,000 square feet
of impervious surface which could potentially apply to short plats.
After extensive discussion, staff and the Board members concluded that it would be beneficial to include
a member of the Board as part of the Short Plat Committee currently made up of department heads from
Parks, Fire, Planning and Public Works departments. Planning Manager, Fred Satterstrom stated that the
ordinance is written to include a member of the Board on the Short Plat Committee and that this member
is not needed for a quorum.
The board members decided to reopen the public hearing in order to evaluate Mr. Morford's concerns one
issue at a time.
Steve Dowell MOVED and David Malik SECONDED to reopen the public hearing. Motion carried.
Paul Morford, Post Office Box 6345, Kent,WA 98064 reiterated concerns that short plat procedures have
become more complicated.
Ms. Nelson stated that though state and survey laws have changed, and House Bill 1724 was implemented,
nothing in the ordinance prohibits procedures that the City of Kent has followed. She stated that staff has
followed state law which overrides the subdivision code,which is now being updated to comply with state
law and current procedures.
Assistant City Attorney, Tom Brubaker stated that the current Subdivision Code is not specific, rather, it
provides a broad, general framework. He stated that the City has implemented processes over time based
on changes in case and state law, which are implied in our authority under the existing code. Mr. Brubaker
stated that the purpose for updating the code is to bring it into conformance with recent changes in the law.
Mr. Brubaker assured Mr. Morford that updating the code does not constitute an illegal or unauthorized
procedure and stated that if Mr. Morford felt that the City was performing under illegal circumstances, that
he could file a complaint through the application process under the existing code.
Ms. Zimmerman stated that the Board has often reviewed staff recommendations based on procedures they
have modernized and does not find the procedures recommended by staff unusual. Ms Zimmerman stated
that action does not need to be taken on this item.
Mr. Morford stated that after reading the state law, he concurred with the Board members that staff is not
violating the law as it relates to the short plat process. Mr. Morford stated that the procedures refer to the
"plat process" and suggested changing terminology to refer to "short plat and long plat"rather than"short
plat and plat".
Mr. Morford reiterated his request to include one of the Board members as part of the Short Plat Committee.
David Malik stated that language could be added to the subdivision code to add a Board member to the Short
Plat Committee with voting privileges. Terry Zimmerman and Ron Harmon concurred.
�_ U.°1USEPDd Td ILUPB1X11NUTES1000424n,n.doc
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April 24, 2000
Page 5
Diana Nelson stated that if the Board wishes to include a member of the Board as part of the committee, that
they not change the number that constitutes a quorum; so if that board member chooses not to attend
regularly, the quorum of three is not affected.
Mr. Brubaker stated that Section 12.04.175 establishes a short subdivision committee and designates four
city staff members, with the planning director as chairman of the committee. Mr. Brubaker stated that
Subsection B of that section says that three of the four members form a quorum. He stated that if a Land
Use and Planning Board member was added to the short subdivision committee, the three out of five
language for the quorum" could remain the same and the committee could continue to conduct business.
Terry Zimmerman concurred with Mr. Brubaker's recommendation to add that "the short subdivision
committee shall consist of one land use and planning board member..." as well as include the statement in
Subsection B as "three of the five members of the short subdivision committee".
Mr. Brubaker stated that if the Land Use and Planning Board member is included as part of the short
subdivision committee with optional attendance, that person may not have voting privileges. Mr. Brubaker
suggested that the Board consider the following options:
• Designate a Land Use and Planning Board member as a voting member of the short subdivision
committee.
• Designate any single member of the currently existing Land Use and Planning Board to set in as the
representative as a voting member, or
• Designate a member of the Board as part of the committee with optional attendance to act in a
monitoring capacity.
Terry Zimmerman concurred with Diana Nelson that the two sentences in Section A on page 22 should
remain as written and adding"Land Use and Planning Board member"at the beginning of the paragraph on
"A„
The Land Use and Planning Board members concurred with Tom Brubaker that additional language should
be added to Sec. 12.04.175.A. as follows: "...eta the fire chief and one Land Use and Planning_Board
member".
Mr. Morford referenced the paragraph on page 10 of the subdivision document in stating that the
terminology needs to change to reflect that the Mayor appoints the Hearing Examiner rather then by the City
Administrator.
Mr. Morford reiterated his concerns over the 7 percent slope issue as it relates to hillside development and
that lot defutition should not include open space. Ms. Nelson stated that the slope issue is a"standard"and
the lot definition came out of the zoning code and currently exists in Title 15 of the Zoning Code; both of
which will be addressed in Phase Two of this project. The Board members decided to not act on this item.
Ms. Nelson responded to Mr. Morford's concerns on lot frontage, width and configuration by stating that
the zoning code addresses widths, frontage and configuration of lots. Ms. Nelson stated that internal
planning department policy and the zoning code definitions provide for pie shape and flag lots.
Ms. Nelson stated that the paragraph on lot frontage relates to where the front of the lot is located in relation
to the public street and access. This definition is not intended to address lot width, which is addressed
elsewhere as a standard. The lot frontage definition was changed to correlate with language in the zoning
code.
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Ms. Nelson concurred with Mr. Morford that language that is more specific is needed concerning lot
configurations as the current language in both the zoning and subdivision code is vague. She stated that this
issue would be addressed at the Phase 2 level.
Ms. Nelson, in response to Mr. Morford's request that the thirty- (30) foot street right-of-way width be
removed, stated that this definition exists in the zoning code. She stated that both the zoning and
subdivision code definitions will be changed once new standards are set, as part of Phase 2.
Ms. Nelson stated that since streets were defined in the zoning code, a definition was added to the
subdivision code for consistency but voiced her concern with the definition. She stated that until a set
standard is established, staff would retain the definition as it exists in other portions of the City Code.
Ms. Nelson responded to Mr. Morford's concern that Section 12.04.040 on nonconforming lots does not
comply with current code. She stated that language was added to the subdivision code as it exists in the
RCW's. Ms.Nelson stated that this language refers to lots created under the subdivision code and not about
lots of record created prior to the adoption of a subdivision code, which is dealt with in the zoning code
under"nonconforming".
In response to Mr. Morford's concern on Section 12.04.105. regarding infill development, Ms. Nelson stated
that this section is intended as a purpose statement and general summary defining short platting processes.
She stated that the sections dealing with lot of record, nonconforming lots and combining adjacent
nonconforming lots are dealt with in the zoning code separately.
Ms. Nelson stated that amending procedures governing non-conforming lots would encompass a major
policy change that would need to be reviewed as a separate amendment. She stated that the City has been
progressing towards smaller lots for some time and through this progression, it is likely that an increasing
number of small nonconforming lots may become conforming if the city embraces smaller lot sizes. Ms.
Nelson stated that the non-conforming lots are dealt with in the zoning code and it would be inappropriate
to address these procedures in a general amendment of the subdivision code.
Mr. Morford stated that"subdivision engineer" should be deleted from See. 12.04.125.B of the code.
Ms. Nelson stated that this language is the same used for"long subdivision"requirements, which implies
the engineer on the project and if there is no engineer, that information would be excluded from the
application. She stated that Public Works requires this information be on the application.
Mr. Brubaker stated that this section should be rephrased to read: "Licensed Land Surveyor and, if
applicable, Subdivision Engineer. Staff and Board members concurred with this decision.
Mr. Morford stated that in Sec.12.04.125.B #10 should eliminate the consideration for sidewalk section as
it seems this section would indicate that sidewalks would be mandatory for short plats.
Ron Harmon, Steve Dowell and David Malik concurred that the language for consideration of sidewalks
should remain intact, as providing for safe walking conditions for the citizens of Kent is critical. Diana
Nelson stated that RCW 58.17.030 says "cities, towns and counties shall include in their short plat
regulations and procedures pursuant to Subsection one of this section provisions for considering sidewalks
and other planning features as assure safe walking conditions for students who walk to and from schools."
Mr. Gill stated that he feels that Mr. Morford's concern is legitimate, but that the language to consider
sidewalks is in place in the event that sidewalks need to be considered as a key link to tie into public schools
walking routes, a public facility or for use by public transit.
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Paul Morford questioned how the wetlands are determined within the city. Ms. Nelson stated that the city
has an internal negotiation, arbitration process between Public Works and the wetland specialist hired by
the applicant who work out most wetland issues.
Paul Morford reiterated his concerns that in Sec. 12.04.130. #5, storm water detention could be required for
short plats. Ms. Nelson reiterated that the language in 45 states to "make provision for" and "as deemed
necessary." Ms. Nelson stated that with more fish species being added to the endangered species list, storm
water regulations will continue to change, so this definition was made as general as possible in order that
staff does not have to continuously update this section. She stated that Public Works interprets the need for
storm water detention for short plats on a case by case basis.
Mr. Gill stated that the intent of this language is to convey that storm water detention would be required as
indicated under the provisions of other codes. Mr. Gill stated that the typical threshold for determining the
need for storm water detention is 5,000 square feet of new impervious surface. Mr. Gill stated that under
rare circumstances storm water detention may be required for short plats if a public street is going in that
could require a future extension. Mr. Gill recommended rephrasing the language to say: "as required under
other city codes or ordinances" for clarity.
Mr. Morford concurred with Mr. Gill that the phrasing should be changed to clarify when stormwater
detention is needed as previously stated.
Mr. Brubaker stated that Sec. 12.04.130. #5, where it says "deemed necessary" should be removed and
replaced with:"as required by other applicable laws, codes, rules and regulations". Ms. Nelson stated that
this same language needs to be changed in Sec. 12.04.440. #5. for Type H short plats.
Mr. Morford referred to Sec. 12.04.135. on determination of completeness while reiterating his concern that
the time frame for determining completeness on short plats is too lengthy.
Ms. Nelson stated that Section 12.01.140 says that"a notice of application shall be issued for Process I and
Process II permits requiring SEPA review..." and that this requirement is part of House Bill 1724. Ms.
Nelson stated that the Notice of Application requirement is tied to the Determination of Completeness.
Ms. Nelson stated that state law allows the city 28 days to determine that information is complete on an
application and once determined complete, generally the Planning department meets the 28-day requirement
with determinations typically made within one week as cited by Mr. Satterstrom.
Mr. Morford reiterated his concern that"interior monuments" should not be required on four lot short plats
and suggested the inclusion of language that states "if applicable" in Section 12.04.215.A #8 at the
beginning of that sentence. Mr. Gill defined a"monument" as a survey monument to define a comer, the
center of a street or a property comer. Mr. Gill reiterated that typically interior monuments are not required
for short plats. He stated that the rare occasion where it would be required is if a public street needs to be
extended through the property which would require a monument to denote the interior center line of the road.
Ms. Nelson stated that the same language "if applicable" would need to be added to Section 12.04.215 A
48 and Section 12.04.525 B #8 for Type I and II plats.
Mr. Morford voiced his objection to the requirement that all conditions of approval for the short subdivision
must be placed on the face of the plat as indicated in Sec. 12.04.214.A#13. Mr. Morford stated that having
to place plat conditions on the mylars could be cumbersome based on the volume of conditions that would
have to be applied to the plat map.
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Mr. Satterstrom stated that the King County Recorder's office requires that plat conditions be to be
incorporated on the mylars prior to recording.
Mr. Morford reiterated his objection to Sec. 12.04.130. #4 that states subdivision standards of adjacent
jurisdictions must be taken into consideration.
Ms. Nelson reiterated that the Growth Management Act mandates coordination between jurisdictions when
property development is considered and Ms. Zimmerman stated that the way in which the code is written
states that subdivision standards must be taken into consideration which does not indicate that this is a
mandated requirement.
Ms. Nelson stated that it part of our notice procedures to notify adjacent jurisdictions of potential
development. She stated that these jurisdictions are allowed to comment and typically do not respond.
Mr. Morford stated that he would like to see that in Sec. 12.04.905. that language should be added to make
nonconforming lots of record conforming. Ms. Zimmerman stated that Section 12.04.910. possibly covers
Mr. Morford's concerns in that it states "...correlate property lines with survey or map lines or to create
better lot design while conforming to all applicable code requirements" which allows for lot line
adjustments.
Ms. Nelson stated that lot line adjustments are allowed for some types of nonconformities but that issues
dealing with nonconforming lots include lots of record as well as other legal restrictions which are addressed
under the nonconforming lot section. Ms.Nelson said that a large number of legal issues are associated with
nonconforming lots of record and advised the Board that it would be best to address this item as a separate
amendment.
Mr. Morford stated that lot line applications should be determined for completeness at the time of submittal
at the counter. Ms.Nelson stated that based on staffing and other elements, staff felt that five days provided
an adequate amount of time for staff to determine completeness along with an additional fifteen day period
to approve the application. The Board members concurred that five days is a reasonable time frame.
Ron Harmon MOVED and David Malik SECONDED to close the public hearing. Motion carried.
Ron Harmon stated that a motion should be made on#SCA-2000-1 Subdivision Code Amendment with the
following amendments:
Change the language in 12.04.130 and 12.04.440 Item#5
■ 12.04.175 A & B to add language for inclusion of a Land Use and Planning Board member to the Short
Plat Committee.
■ 12.04.215.A.98
Ms. Zimmerman said that Section 12.04.1253 #1 is to be amended to read: "the short subdivision name,
the name and address of the owner, the name and the address of the licensed land surveyor, and, if
applicable, subdivision engineer." Ms. Nelson stated that this same language needs to be amended in
Section 12.04.435. B #1.
Mr. Brubaker asked the Board to allow the legal attorney liberty to change "City Administrator" to the
appropriate title as defined under Sec. 12.04.025.
Tom Brubaker stated that the Legal department has been directed by the Board to address several of Mr.
Morford's comments under Phase II and Mr. Harmon concurred.
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David Malik MOVED and Terry Zimmerman SECONDED to recommend approval of the proposed
subdivision code amendment #SCA-2000-1 and associated city code amendments with the following
amendments as addressed by staff:
• to amend the title "city administrator" to the appropriate title as indicated in Sections 12.04.175 under
"Hearing Examiner" definition.
• to amend Sections 12.04.130.5 and 12.04.440.5 regarding storm water detention with the addition of the
following language at the end of the statement: "as required by other applicable laws, rules and
regulations. "
• to amend Sections 12.04.215.A8 and 12.04.525.B8 regarding interior monuments to include at the
beginning of the statement "if applicable".
• to amend Sections 12.04.125 #B1 and 12.04.435 #B1 to read: "...and, if applicable. subdivision
engineer;"
■ to amend any typographical errors and make formatting changes as deemed necessary.
Motion carried unanimously.
Mr. Satterstrom in response to Mr. Johnson, stated that it would not be beneficial to pursue a request to
reverse procedures for placing conditions on mylars recorded by the King County recorders office.
ADJOURNMENT
Terry Zimmerman MOVED and David Malik SECONDED to close the meeting. Motion carried.
The meeting adjourned at 9:20 p.m.
Respectfully Submitted,
Jame . Harris
Secr tary
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l
ORDINANCE NO.
AN ORDINANCE of the City Council of the City of
Kent, Washington, amending chapters 2.32, 12.01. and 12.04
of the Kent City Code, relating to subdivisions to update these
provisions consistent with other provisions of the Kent City
Code and state law.
WHEREAS, the subdivision code has not been comprehensively updated
since 1981; and
WHEREAS, state laws relating to subdivisions, process procedures, and
survey requirements have changed; and
WHEREAS, the subdivision code is not currently in compliance with
provisions in other provisions of the Kent City Code (12.01; Title 15, etc.) and state law;
NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 2.32.090(A) of the Kent City Code, entitled"Decisions of
the Hearing Examiner," is hereby amended as follows:
1 Subdivision Code— Ch. 12.04 KCC
See. 2.32.090. Duties. The hearing examiner shall have the following duties with
respect to applications of matters submitted before him or her.
A. Decisions of the hearing examiner. The hearing examiner shall receive and
examine available information, conduct public hearings, prepare a record thereof, and
enter findings of fact and conclusions based upon these facts, which conclusions shall
represent the final action on the application, unless appealed, as specified in this section
for the following:
1. All process III applications as follows:
a. Conditional use permits;
b. Sign variances;
C. Planned unit developments not requiring a change of use;
d. Preliminary plat;
e. Shoreline variance;
f. Shoreline conditional use permit;
g. Special home occupation permit; and
h. Applications for variances from the terms of the zoning code and T
subdivision code: provided, however, that no application for a variance shall be granted
unless the hearing examiner finds:
i. The variance shall not constitute a grant of special privilege
inconsistent with the limitation upon uses of other properties in the vicinity and zone in
which the property on behalf of which the application is located;
ii. That such variance is necessary, because of special
circumstances relating to the size, shape, topography, location, or surroundings of the
subject property, to provide it with use rights and privileges permitted to other properties
in the vicinity and in the zone in which the subject property is located; and
iii. That the granting of such variance will not be materially
detrimental to the public welfare or injurious to the property or improvements in the
vicinity and zone in which the subject property is situated.
2 Subdivision Code— Ch. 12.04 KCC
SECTION2. Section 12.01.140, entitled "Notice of application," is
hereby amended as follows:
A. Notice of application. A notice of application shall be issued for Process I and
Process II permits requiring SEPA review, short plats, shoreline substantial development
permits, and all Process III and Process N applications within fourteen(14) calendar days
after the city has made a determination of completeness pursuant to KCC 12.01.100(A);
provided, that if any open record hearing is required for the requested project permit(s),
the notice of application shall be provided at least fifteen (15) calendar days prior to the
open record hearing. One notice of application will be done for all permit applications
related to the same project at the time of the earliest complete permit application.
B. SEPA exempt projects. A notice of application shall not be required for project
permits that are categorically exempt under SEPA, unless a public comment period or an
open record pre-decision hearing is required.
C. Contents. The notice of application shall include:
1. The case file number(s), the date of application, the date of the
determination of completeness for the application and the date of the notice of application;
2. A description of the proposed project action and a list of the project pennits
included in the application and, if applicable, a list of any studies requested by the review
authority pursuant to RCW 36.70B.070;
3. The identification of other permits not included in the application, to the
extent known by the city;
4. The identification of existing environmental documents that evaluate the
proposed project, and, if not otherwise stated on the document providing notice of
application, the location where the application and any studies can be reviewed;
5. A statement of the limits of the public comment period, which shall be not
less than fourteen(14)nor more than thirty(30) calendar days following the date of notice
of application, and statements of the right of any person to comment on the application,
receive notice of and participate in any hearings, request a copy of the decision once made,
and any appeal rights;
3 Subdivision Code— Ch. 12.04 KCC
6. The tentative date, time, place and type of hearing. The tentative hearing
date is to be set at the time of the date of notice of the application;
7. A statement of the preliminary determination of consistency, if one has
been made at the time of notice, and of those development regulations that will be used
for project mitigation and of consistency as provided in KCC 12.01.150;
8. The name of the applicant or applicant's representative and the name,
address and telephone number of a contact person for the applicant, if any;
9. A description of the site, including current zoning and nearest road
intersections, reasonably sufficient to inform the reader of its location; and
10. Any other information determined appropriate by the city, such as a DS, if
complete at the time of issuance of the notice of application or the city's statement of
intent to issue a DNS pursuant to the optional DNS process set forth in WAC 197-11-355.
D. Mailing of notice of application. The city shall mail a copy of the notice of
application to the following:
1. Agencies with jurisdiction; and
2. Any person who requests such notice in writing.
E. Public comment on the notice of application. All public comments received on the
notice of application must be received by the planning department by 4:30 p.m. on the last
day of the comment period. Comments may be mailed, personally delivered or sent by
facsimile. Comments should be as specific as possible.
F. Posted notice of application. In addition to the mailed notice of application, the
city will provide notice of application at Kent City Hall, and in the register for public
review at the planning department office. The applicant shall be responsible for posting
the property for site-specific proposals with notice boards provided by the city. Public
notice shall be accomplished through the use of a four (4)by four (4) foot plywood face
generic notice board to be issued by the planning department as follows: the applicant shall
apply to the city for issuance of the notice board, and shall deposit with the planning
department the amount of one hundred fifty dollars ($150). Upon return of the notice
4 Subdivision Code- Ch. 12.04 KCC
board in good condition to the planning department by the applicant, seventy-five dollars
($75) of the initial notice board deposit shall be refunded to the applicant.
1. Posting. Posting of the property for site specific proposals shall consist of
one (1) or more notice boards as follows:
a. A single notice board shall be placed by the applicant in a
conspicuous location on a street frontage bordering the subject property.
b. Each notice board shall be visible and accessible for inspection by
members of the public.
C. Additional notice boards may be required when:
(1) The site does not abut a public road; or
additional public notice boards are required under other
provisions of the Kent City Code; or
(J(2) The planning director determines that additional notice
boards are necessary to provide adequate public notice.
d. Notice boards should be:
(1) Maintained in good condition by the applicant during the
notice period;
(2) In place at least fifteen (15) calendar days prior to the end
of any required comment period; and
(3) Removed by the applicant and returned to the city within
seven (7) calendar days after the end of the notice period.
e. Notice boards that are removed, stolen, or destroyed prior to the end
of the notice period may be cause for discontinuance of the departmental review until the
notice board is replaced and remains in place for the specified time period. The city shall
notify the applicant when it comes to their attention that notice boards have been removed
prematurely, stolen, or destroyed.
f. An affidavit of posting shall be submitted by the planning director
at least seven (7) calendar days prior to the hearing. If the affidavits are not filed as
5 Subdivision Code— Ch. 12.04 KCC
required, any scheduled hearing or date by which the public may comment on the
application, may be postponed in order to allow compliance with this notice requirement.
g. Notice boards shall be constructed and installed in accordance with
specifications determined by the planning director.
h. SEPA information shall be added by the city to the posted sign
within applicable deadlines. An affidavit of posting shall be submitted by the planning
director.
G. Published notice of application. Published notice of application in an official
newspaper of general circulation in the area where the proposal is located is required for
Process I and II permits requiring SEPA review, short plats and all Process III, IV, and all
Process V,except subdivision final plat, applications. Published notice shall include at
least the following information:
1. Project location;
2. Project description;
3. Type of permit(s) required;
4. Comment period dates; and
5. Location where the complete application may be reviewed.
H. Notice ofpublic hearing.
1. Notice ofpublic hearing for all types of applications. The notice given of
a public hearing required in this chapter shall contain:
a. The name of the applicant or the applicant's representative;
b. Description of the affected property, which may be in the form of
either a vicinity location sketch or written description, other than a legal description;
C. The date, time, and place of the hearing;
d. The nature of the proposed use or development;
e. A statement that all interested persons may appear and provide
testimony;
6 Subdivision Code— Ch. 12.04 KCC
fg. When and where information may be examined, and when and how
written comments addressing findings required for a decision by the hearing body may be
admitted;
gh. The name of a city representative to contact and the telephone
number where additional information may be obtained;
hi. That a copy of the application, all documents and evidence relied
upon by the applicant and applicable criteria are available for inspection at no cost and will
be provided at the cost of reproduction; and
i}. That a copy of the staff report will be available for inspection at no
cost at least five (5) calendar days prior to the hearing and copies will be provided at the
cost of reproduction.
2. Mailed notice of public hearing. Mailed notice of the public hearing shall
be provided by the city as follows:
a. Process I, II and V actions. No public notice is required because no
public hearing is held. Notice for short plat meetings is mailed to property owners within
200 feet. Shoreline permit notices shall be in accordance with the requirements of WAC
173-27-110.
b. Process III and IV actions. The notice of public hearing shall be
mailed to:
(1) The applicant;
(2) All owners of real property as shown by the records of the
county assessor's office within three hundred (300) feet of the subject property; and
(3) Any person who submits written comments on an
application.
C. Process IV preliminary plat actions. In addition to the general
notice of public hearing requirements for Process W actions above, additional notice shall
be provided as follows:
(1) Notice of the filing of a preliminary plat of a proposed
subdivision located adjacent to the right-of-way of a state highway or within two (2)miles
7 Subdivision Code— Ch. 12.04 KCC
of the boundary of a state or municipal airport shall be given to the Secretary of
Transportation, who must respond within fifteen (15) calendar days of such notice.
(2) Special notice of the hearing shall be given to adjacent land
owners by any other reasonable method the city deems necessary. Adjacent land owners
are the owners of real property, as shown by the records of the King County assessor,
located within three hundred (300) feet of any portion of the boundary of the proposed
subdivision. If the owner of the real property which is proposed to be subdivided owns
another parcel or parcels of real property which lie adjacent to the real property proposed
to be subdivided, notice under RCW 58.17.090(1)(b) shall be given to owners of real
property located with three hundred (300) feet of such adjacently owned parcels.
d. Process VI actions. For Process VI legislative actions, the city shall
publish notice as described in 12.01.140(H)(3), and use all other methods of notice as
required by RCW 35A.12.160.
3. Procedure for posted or published notice of public hearing
a. Posted notice of the public hearing is required for all Process III and
IV actions. The posted notice of hearing shall be added to the sign already posted on the
property pursuant to KCC 12.01.140(F).
b. Published notice of the public hearing is required for all Process III
and IV procedures. The published notice shall be published in a newspaper of general
circulation within the city and contain the following information:
(1) Project location;
(2) Project description;
(3) Type of permit(s) required;
(4) Comment period dates; and
(5) Location where the complete application may be reviewed.
4. Time and cost of notice of public hearing.
a. Notice shall be mailed, posted and first published not less than ten
(10) calendar days prior to the hearing date. Any posted notice shall be removed by the
applicant within seven (7) calendar days following the conclusion of public hearing(s).
8 Subdivision Code—Ch. 12.04 KCC
I. Shoreline master program permits.
1. Notice of the application of a permit under the purview of the city's
shoreline master program shall be given in accordance with the requirements of Ch. 11.04
KCC, the Kent shoreline management master program.
SECTION 3. Chapter 12.04 of the Kent City Code, entitled
"Subdivisions," is hereby amended as follows:
CHAPTER 12.04. SUBDIVISIONS
I. General Provisions
Sec. 12.04.010. Title. This code shall be hereinafter known as the city of Kent
subdivision code.
Sec. 12.04.020015. Purpose. The purpose of this chapter is to provide rules,
regulations, requirements and standards for subdividing land in the city and for
administrative procedures for adjustments of lot lines in the city, ensuring:
1. That the highest feasible quality in subdivision will be attained;
2. That the public health, safety, general welfare, and aesthetics of the city
shall be promoted and protected;
3. That o0rderly growth, development, and the conservation,protection and
proper use of land shall be promoted;
4. That proper provisions for all public facilities, including circulation,
utilities, and services, shall be made;
5. That maximum advantage of site characteristics shall be taken into
consideration; and
6. That the process shall be in cEonformance with provisions set forth in
KCC Title 15, Zoning, and the comprehensive plan.
9 Subdivision Code— Ch. 12.04 KCC
f -
Sec. 12.04.040020. Scope. This chapter shall apply to the division of land for sale
or lease into two (2) or more parcels and to the modification of lot lines between adjoining
parcels. Where this chapter imposes greater restrictions or higher standards upon the
development of land than other laws, ordinances or restrictive covenants, the provisions
of this chapter shall prevail.
The provisions of this chapter do not apply to:
1. Cemeteries and burial plots while used for that pumose•
2. Divisions made by testamentary provisions or the laws of descent
3. Division of land due to condemnation or sale under threat thereof, by an
agency or division of government vested with the power of condemnation
Sec. 12.04.050025. Definitions. The following words, terms and phrases, when
used in this chapter, shall have the meanings ascribed to them in this section, except
where the context clearly indicates a different meaning:
Active recreation activities shall mean all outdoor recreational activities which
involve field and court games.
Alley shall mean a public or private thereugh€are e way having a • idth 9 not
more than thirty (30) feet wide at the rear or side of property Leh affordsing only a
secondary means of vehicular or pedestrian access to abutting property.
Block shall mean a group of lots, tracts, or parcels within well-defined and fixed
boundaries.
Common open space shall mean a parcel or parcels of land or an area of water or
a combination of land and water within the site designated for a subdivision or a planned
unit development, and designed and intended primarily for the use or enjoyment of
residents of a subdivision. Common open space may contain such complementary
structures and improvements as are necessary and appropriate for the benefit and
enjoyment of residents of the subdivision.
Community park shall mean a park t,.enty(20) to c (nn) aeres in ..:..,.. ,. w
pfavides eff
street par-king •a n latiern o f ten hl.....sand (10,000)
1nrnnm to fi fte.
10 Subdivision Code— Ch. 12.04 KCC
thousand (l cetlnm peeple leeat within ithin a twe (2) to Hnfee (3) mile sen,iee radius that
serves the entire city of Kent and can be located throughout the city. Community parks
may have facilities or amenities that are not offered elsewhere in the city, and which can
include boating, swimming, fishing, athletic fields, group picnic shelters, play equipment,
hard courts, skateparks, and trails, and will vary at each park. Access to the park is by car,
public transit, foot or bicycle. Off-street parking is provided.
Comprehensive plan shall mean the document, including maps, adopted by the city
council which outlines the city's goals and policies relating to management of growth, and
prepared in accordance with Ch. 36.70A RCW. The term also includes adopted subarea
plans prepared in accordance with Ch. 36.70A RCW
eeffTiise the eFAnial develepmeSt plan as adopted by the eity eeuneil in aerer-daneewi+h
County auditor shall mean that person as defined in Chapter 36.22 RCW or the
office of the person assigned such duties under the King County Charter.
Cul-de-sac shall mean a short street having one (1) end open to traffic and being
terminated at the other end by a vehicular turnaround.
Dedication shall mean a deliberate appropriation of land by its owner for any
general and public uses, reserving to himself no other rights than such as are compatible
with the full exercise and enjoyment of the public uses to which the property has been
devoted. The intention to dedicate shall be evidenced by the owner by the presentment for
filing of a final plat or a final short plat showing the dedication thereof, and the acceptance
by the public shall be evidenced by the approval of such plat for filing by the city.
Division of land shall mean the subdivision of any parcel of land into two (2) or
more parcels.
Final approval shall mean the final drawing of the subdivision and dedication
prepared for filing for record with the King County auditor and containing all elements
and requirements set forth in this chapter.
11 Subdivision Code— Ch. 12.04 KCC
Final plat shall mean the final drawing of the subdivision and dedication prepared
for filing for record with the King County auditor and containing all elements and
requirements set forth in this chapter.
Hearing examiner shall mean the person appointed by the eity mayor, or his or her
designee, adfflinistrate to conduct public hearings on applications outlined in Ch. 2.32
KCC which creates the hearing examiner, and who prepares a record, findings of fact and
conclusions on such applications.
Hillside subdivision shall mean a subdivision in which any lot in the subdivision
has average slopes greater than fifteen (15) percent and in which any street in the
subdivision has grades greater than seven (7) percent at any point.
Home owners association shall mean an incorporated nonprofit organization
operating under recorded land agreements though which:
1. Each lot owner is automatically a member;
2. Each lot is automatically subject to a proportionate share of the expenses
for the organization's activities, such as maintaining common property; and
3. A charge if unpaid becomes a lien against the property.
Land Use and Planning Board shall mean that body as defined in the Kent City
Code.
Lot shall mean a fraetional paA ef divided lands having fixed bettndaiies, bein
of saffieient afea d dimensione e en4s c_ width an
The tefm shall inelude t_.,,.ts or p reel aparcel of land of at least sufficient size to
meet minimum zoning requirements for use coverage and area, and to provide such yards
and other open spaces as are required in this title Such lot shall have frontage on an
improved public street or on an approved private street and may consist of:
1. A single lot of record;
2. Aportion of a lot of record;
3. A combination of complete lots of record and portions of lots of record;
or
4. A parcel of land described by metes and bounds;
12 Subdivision Code- Ch. 12.04 KCC
provided, that in no case of division or combination shall any residual lot or parcel be
created which does not meet the requirements of this title.
Lot, corner shall mean a lot abutting upon two (2) or more streets at their
intersection or upon two (2) parts of the same street, such streets or parts of the same
street forming an interior angle of less than one hundred thirty-five (135) degrees within
the lot lines.
Lot,frontage shall mean the front of a lot which shall be that portion nearest the
street or , if the lot does not abut a street, the portion nearest an ingress/egress easement.
Oex-eep�-en a corner lot,in �n whieheas2 the front yard shall be considered the narrowest
part of the lot that fronts on a street, except in industrial and commercial zones,in which
case the user of a corner lot has the option of determining which part of the lot fronting
on a street shall become the lot frontage.
Lot line adjustment shall mean the adjusting of common property lines or
boundaries between adjacent lots, tracts, or parcels for the purpose of rectifying a disputed
property line location, freeing such a boundary from any differences or discrepancies or
accommodating a minor transfer of land. The resulting adjustment shall not create any
additional lots, tracts, or parcels and all reconfigured lots, tracts, or parcels shall contain
sufficient area and dimension to meet minimum requirements for zoning and building
purposes.
Lot lines shall mean the property lines bounding the lot.
Lot measurements shall mean:
1. The depth of a lot which shall be considered to be the distance between the
foremost points of the side lot lines in front and the rear-most points of the side lot lines
in the rear.
2. The width of a lot which shall be considered to be the distance between the
side lines connecting front and rear lot lines, provided, however, that width between side
lot lines at their foremost points where they intersect with the street line shall not be less
than eighty(80)percent of the required lot width except in the case of lots on the turning
circle of cul-de-sacs, where eighty(80) percent requirements shall not apply.
13 Subdivision Code— Ch. 12.04 KCC
Lot of record shall mean a lot which is part of a subdivision recorded in the office
of the King County assessor, or a lot or parcel described by metes and bounds, the
description of which has been so recorded.
Let splits shall fnean the divisien ef land ipAe four (4) or less lets, traets, ,
sites of diyi.:ens f r the purpose E)f-.,le of lease
Lot, through shall mean a lot that has both ends fronting on a street. Either and
both-ends-yi44 may be considered the front.
Meander line shall mean a line along a body of water intended to be used solely
as a reference for surveying.
Neighborhood park shall mean a park five (" to to "n` aeres in size which may
(10,000) people t ,... ed within ., e half(t/2) mile to one (t) f.,:1.. serviee _. ditt,, that
serves a neighborhood (not a subdivision) defined by arterial streets. These parks are
generally located centrally in the neighborhood so that the park is easily accessible and
neighborhood residents do not have to cross a major arterial to reach the park. Access is
primarily by foot or bicycle so the park is usually no further than one-half mile from any
point in the neighborhood Parking spaces are typically not provided unless on-street
parking is not available accessible or safe.Neighborhood parks have amenities for casual
activities that are not programmed or organized or for which a fee is charged. Amenities
include play equipment picnic tables hard courts (basketball tennis) walking trails, and
open grassy areas.
Official plans shall mean those maps, development plans, or portions thereof,
adopted by the city council as provided in chapter 44, section 6, Laws of 1935, as
amended. Such plans or maps shall be deemed to be conclusive with respect to the
location and width of streets, public parks, and playgrounds and drainage rights-of-way
as may be shown thereon.
Park open space shall mean those areas that are environmentally sensitive,wildlife
habitat or wetlands that remain in a relatively natural state with minimal improvements
for public access, interpretation, study or enjoyment.
14 Subdivision Code— Ch. 12.04 KCC
Park service area shall mean those Off ee (" ^fees leeeted and defined :n the
eemprehensive park,. plan ..f the eity, as adopted by ord:.,..f,ee which shall he used in
dote.,.,inin.. eligibility of land . .,de.. the dedie tier r ents of seet:en 17 nn 490
...trrimz b
areas defined by arterial streets or geographic features, and which are identified in the
comprehensive nark and recreation plan, that a neighborhood park or community nark is
intended to serve.
Performance bond or guarantee shall mean that security which may be accepted
in lieu of a requirement that certain improvements be made before the eity eauReil
antes the final plat is approved and signed, including performance bonds, escrow
agreements and other similar collateral or surety agreements.
Piggyback or accumulative short subdivision shall mean multiple short
subdivision of contiguous land under common ownership. Ownership for purposes of this
section shall mean ownership as established at the application submittal date of the initial
short subdivision approval.
D/,.,,,...ing a ,.h..11 m-eFin tl;at body as defined i the Cede of the e t..
Plat shall mean a map or representation of a subdivision, showing thereon the
division of a tract or parcel of land into lots, blocks, streets and alleys or other divisions
and dedications.
Preliminary approval shall mean the official favorable action taken on the
preliminary plat of a proposed subdivision, metes-and-bounds description or dedication,
by the My eewieil hearing examiner following a duly advertised public hearing or on a
preliminary plat of a short subdivision following a duly advertised meeting of the short
subdivision committee.
Preliminary plat shall mean a neat and precise scale drawing of a proposed
subdivision showing the general layout of streets and alleys, lots, blocks and other
elements of a plat or subdivision which shall furnish a basis for the approval or
disapproval of the general layout of a subdivision.
15 Subdivision Code— Ch. 12.04 KCC
Roadway shall mean that portion of a street intended for the accommodation of
vehicular traffic, generally within curblines.
Short plat shall mean the map or representation of a short subdivision.
Short subdivision shall mean the division or redivision of land into nine (9) or
fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease or transfer of
ownership. Tracts identified for or with the potential for future development shall be
included within the number of lots created, but tracts which are not buildable and/or are
intended for public dedication, environmental protection or storm water detention are not
included in the number of lots created.
Short subdivision, Type 1 shall mean the division of land into four(4) or less lots,
tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership.
Tracts identified for or with the potential for future development shall be included within
the number of lots created, but tracts which are not buildable and/or are intended for
public dedication, environmental protection or storm water detention are not included in
the number of lots created.
Short subdivision. Type 2 shall mean the division of land into more than four(4)
and less than ten (10) lots, tracts, parcels, sites or divisions for the purpose of sale, lease
or transfer of ownership. Tracts identified for or with the potential for future development
shall be included within the number of lots created, but tracts which are not buildable
and/or are intended for public dedication, environmental protection or storm water
detention are not included in the number of lots created.
Street shall mean a public way thirty(30) feet or more in right-of-way width which
affords a primary means of access to property.
Subdivision shall mean the division or redivision of land into ten(10) or more lots,
tracts, parcels, sites or divisions for the purpose of sale or lease or transfer of ownership;
provided that subdivisions of less than ten (10) parcels may be defined as lei splits ee
short subdivisions. Tracts identified for or with the potential for future development shall
be included within the number of lots created, but tracts which are not buildable and/or
16 Subdivision Code— Ch. 12,04 KCC
r are intended for public dedication environmental protection or storm water detention are
not included in the number of lots created.
Subdivision,phased shall mean a subdivision, which is developed in increments
over a period of time.
Tentative plat shall mean a map drawn in accordance with the same requirements
as the preliminary plat map,but submitted prior to preliminary plat submittal.
Tract shall mean a parcel of land proposed for subdivision or subdividing.
Trail system shall mean those pathways that connect points of interest, parks,
community facilities streets residences etc. in the community, which are generally not
confined within the limits of one park Trails are intended to be used by bicycles,
rollerskaters and pedestrians they are not intended to be used by motorized vehicles.
Sec. 12.04.060030. Conformance to state law. This code is in conformance with
RCW 58.17.010 et seq. regulating platting, subdivision, adjusting lot lines, and the
dedication of land and further provides for administrative procedures for the adjustment
of lot lines.
Sec. 12.04.0-70035. Planning department City functions.
A. Planning Department. The planning department is responsible for the
administration and coordination of this chapter unless another department is authorized
to administer and enforce a specific section.
B. Department of Public Works. The department of public works is responsible for
reviewing all engineering and technical requirements of this chapter.
C. Fire Department The fire department is responsible for reviewing all fire access
and fire safety requirements of this chapter.
D. Department of Parks and Recreation. The department of parks and recreation is
responsible for reviewing all parks and open space dedication requirements of this
chapter.
17 Subdivision Code— Ch. 12.04 KCC
ii
E. Short Subdivision Committee. The short subdivision committee is authorized to
hold a public meeting and make a final decision on all short subdivision plats.
F. Hearing Examiner. The hearing examiner is authorized to hold a public hearing
and make a final decision on subdivision Preliminary plats.
G. City Council. The city council shall conduct any closed record appeal from a
hearing examiner's final decision on a subdivision preliminary plat. The city council shall
have sole authority to approve subdivision final plats. An appeal of a final plat decision
shall be in superior court.
See 12.04.080. Hearing examiner. The hearing ex—am-iner is uthmized ♦e held
appeal fiam a hearing examiner-'a {A..,al Aeeisian a a reliminaFy.alas The eit., a eil
authefity to approve .,al plats. A.i appeal of final plat deeisien shall he
1 Cemete;iea And-hurial plats while used f F that p
IDi�AsiemsFflade by te"ta..,eiAa fy previsiens, _the laws of deaaetd.
3. Division of land A.,e tea nd-efmnatisiq a axle andef N ..eat thereof by an
r v aabc.axca.eney a_ Aiyisien of gave.. meat ,seated with the saes. e_ of eendefanatie«
See. 12.04.040. Penalties.
A. Civil. Any violation of any provision of this chapter, or any violation of any term
or condition of plat approval prescribed pursuant to this chapter by any person, firm,
I �
18 Subdivision Code— Ch. 12.04 KCC
corporation, or association, or any agent thereof, shall constitute a civil violation under
Ch. 1.04 KCC for which a monetary penalty may be assessed and abatement may be
required as provided therein.
B. Criminal. Any person, firm, corporation, or association, or any agent thereof,who
violates any provision of Ch. 58.17 RCW, or any provision of this chapter, relatingto o the
sale, offer for sale, lease, or transfer of any lot, tract or parcel of land, shall be guilty of
a gross misdemeanor and each sale, offer for sale, lease or transfer of each separate lot,
tract, or parcel of land in violation of any provision of Ch. 58.17 RCW, or any provision
of this chapter, shall be deemed a separate and distinct offense.
Sec, 12.04.550045. Liability. This chapter shall not be construed to relieve from
or lessen the responsibility of any person owning any land or building, constructing or
modifying any subdivisions in the city for damages to anyone injured or damaged either
in person or property by any defect therein; nor shall the city or any agent thereof be held
as assuming such liability by reason of any preliminary or final approval or by issuance
of any permits or certificates authorized herein.
Sec. 12.04.030050. Planned unit developments. In addition to the standard
subdivision of land as outlined in this chapter, the city provides for the subdivision of land
under the planned unit development regulations of the zoning code, KCC Title 15. The
zoning code should be consulted concerning the special procedures eeneemia for
planned unit developments.
Sec. 12.04.529055. obile home
park design. The standards of this chapter for residential subdivisions shall apply to
mobile home park subdivisions when lots in such subdivisions are to be sold,unless other
standards are specifically approved by the city.
19 Subdivision Code— Ch. 12.04 KCC
II. Tvpe I Short Subdivisions
Sec. 12.04.1-50100. Purpose of type I short subdivisions. The procedures
regulating type I short subdivisions are established to promote orderly and efficient
division of lots on a small scale, promote infill development and meet density
requirements in established urban areas, while providing an efficient review process
avoiding placing undue burdens on the subdivider and to complymi with the purpose of
this chapter and the provisions of RCW 58.17.060 et seq.
Sec. 12.04.I20105. Scope.
A. Any land being divided into rye (9) four 4 or less parcels, lots, tracts, sites or
subdivisions, any one(1) of which is less than twenty(20) acres in size and which has not
been divided in a short subdivision within a period of five (5) years shall meet--be subiect
to the requirements of this section.
B. No application for a short subdivision shall be approved if the land being divided
is held in common ownership with a contiguous parcel that ;Akiek has been divided in a
short subdivision within the preceding five (5) years. Serial subdivision of contiguous
parcels in the same ownership,yAmek is defined as `piggybacking' short subdivisions, and
is prohibited unless the subject property has received master plan approval by the city
through a rezone, PUD planned unit development, or other hearing process, then
`piggybacking' short subdivisions shall be permitted. Such short subdivisions must be
consistent with the approved master plan.
Sec. 12.04.440110. Preliminary-rneeling consultation with staff. Anyperson
who desires to subdivide land in the city should consult with the planning department at
an early date on an informal basis in order to become familiar with the requirements of
this chapter. The department of public works should be consulted at this time for advice
and assistance in understanding the engineering requirements of this chapter and the
construction standards of the city.
20 Subdivision Code— Ch. 12.04 KCC
Sec. 12.04.31-0115. Application fOF 0 subdivision procedures. An application
for a type I short subdivision consists of five (5) separate steps as follows:
i. Preparation and submissionto the pla g de .,Am rA of a tentative as ap
1. Preparation of the preliminary plat of the proposed short subdivision;
2. Submission of a-the preliminary short subdivision application
prepesed siabdivisien to the land use hearing examine to the short subdivision committee
for a public hearing meeting and decision;
3. Installation or bonding of improvements according to the approved preliminary
plat requirements and satisfaction of all plat conditions;
4. Submission of the final plat to the planning department for review and
signature by the chair of the short subdivision committee eA eeun H f~ appfeY, ; and
5. Recordation of tThe approved final plat is feeerdea in the office of the King
County department of records and elections.
Sec. 12.04.2Z0120. Preliminary sShort subdivision application requirements.
A. Application for a short subdivision shall be made with to the planning department
on the forms supplied and in the number of copies prescribed by that department.—The
applieatien shall be a ied by ten (1 0) eepies of the prelim roan she.4 c..1..7iyisie
B. The short subdivision plat shall+
i. Bbe a neat and approximate drawing on reproducible material at a decimal
scale. The plat map shall measure between eight and one-half(8 1/2) inches by eleven
(11) inches and eighteen (18) inches by twenty-two (22) inches and shall include:
1. The short subdivision name, the name and address of the owner, and the
name and address of the licensed land surveyor and if applicable, the subdivision
engineer;
21 Subdivision Code— Ch. 12.04 KCC
2. The date of preparation, the true north point, a graphic scale and legal
description of the property to be subdivided and drawn to an appropriate decimal scale;
3. The location of existing and proposed platted property lines, and existing
section lines, streets, buildings, water courses, railroads, bridges, and any recorded public
or private utility or roadway easements, both on the land to be subdivided and on the
adjoining lands that abut the proposed subdivision, for a distance of one hundred (100)
feet from the edge of the subject property;
4. The names, locations, widths and other dimensions of proposed streets,
alleys easements, parks and other open spaces, reservations and utilities;
5. The acreage of land to be subdivided; the number of lots; the area of each
lot and the approximate square footage and approximate percent of total acrealZe in open
space;
6. The approximate dimensions of each lot;
7.2 &hew—hHow the proposed subdivision will be served by streets an
utilities.
3- ghee hew aeeess�A411 be preN ded to all lets- and the location of sewer and
water lines.
8.4. Show--aAll existing structures and distances from any existing and
proposed lot lines within or abutting the short subdivisionplat within a distance of fifty
50 feet.
9.-5-. Monumentation of
all exterior corners and streets shall be menumen and be surveyed by a land surveyor
licensed in the state.
10. Provisions for considering sidewalks and other planning features that
assure safe walking conditions for students who walk to and from school, users of public
transit and other pedestrians.
11. All of the information requested on the application form by the planning
director.
22 Subdivision Code— Ch. 12.04 KCC
r _
Sec. 12.04.4-"125. Principles of acceptability. No short subdivision shall be
approved unless the following principles of acceptability are met, the short subdivision
shall:
1. Create legal building sites which comply with all provisions of KCC Title
15, Zoning, and health regulations;
2. Establish access to a public road for each segregated parcel;
3. Have suitable physical characteristics; a proposed short subdivision plat
may be denied because of flood, inundation or swamp wetland conditions; slope, soil
stability and/or capabilities; or the construction of protective improvements may be
required as a condition of approval;
4. If adjacent to another municipality or King County, take into consideration
the subdivision standards of that jurisdiction as well as the requirements of this chapter;
5. Make adequate provision for stormwater detention, drainageways, streets;
alle5s, other, ublie way water supplies, aad-sanitary wastes, and other public utilities
and services as required by applicable laws, codes, rules and regulationsdeexied
neeess ar�`;and
6. Where feasible, make adequate provision for the connectivity of streets,
alleys, pedestrian accessways and other public ways.
Sec. 12.04.130. Determination of completeness. Within twenty-eight (28)
calendar days after receiving a type I short subdivision preliminary plat application, the
planning department shall mail or personally provide to the applicant a written
determination of completeness which states either that the application is complete or
incomplete. If incomplete, the letter shall identify what information is required to make
the application complete. The letter shall also identify, to the extent known by the city,
other agencies with jurisdiction over the short subdivision application. If the city
determines that an application is not complete, the applicant shall have up to ninety(90)
calendar days to submit the necessary information to the city. If the applicant either
refuses in writing to submit additional information or does not submit the required
23 Subdivision Code— Ch. 12.04 KCC
information within the ninety(90) calendar day period, the application shall lapse because
of a lack of information necessary to complete the review. Within fourteen (14) calendar
days after an applicant has submitted the requested additional information, the city shall
again make the completeness determination and shall notify the applicant in the same
manner.
If the short subdivision application is determined to be complete, the planning
department shall accept the application and note the date of acceptance. The time period
for review of the proposed short subdivision begins following the determination of a
complete application and acceptance of the application by the city. If the city does not
provide a written determination to the applicant that the application is incomplete, the
application shall be deemed complete at the end of the twenty-eight (28) day completeness
review period.
Sec. 12.04.135. Vesting. A proposed division of land shall be considered under
the requirements of this chapter and the zoning and other land use regulations in effect on
the land at the time that a preliminary plat application for a type I short subdivision as
defined in KCC Ch. 12.04, has been determined to be complete and has been accepted by
the city of Kent, pursuant to KCC Chapter 12.04.130.
Sec. 12.04.140. Notice of application. A notice of application shall be issued for
short subdivision applications within fourteen (14) calendar days after the city has made
a determination of completeness, and at least fifteen (15) calendar days prior to the short
subdivision committee meeting date. The notice of application shall be mailed,published
and posted on the same day, in the following manner:
1. The city shall publish the notice of application in a newspaper of general
circulation within the city.
2. The city shall post the notice of application on the public notice board(s)
placed on the property and shall also post the notice of application at Kent city hall and
in the register for public review at the planning department office.
24 Subdivision Code— Ch. 12.04 KCC
3. The city shall mail the notice of application listing the date of the short
subdivision committee meeting, to the applicant and all owners of real property as shown
by the records of the county assessor's office within two hundred (200) feet of any portion
of the boundary of the proposed subdivision. In addition, if the property to be short
subdivided abuts parcels greater than two (2) acres which have other properties abutting
them, these additional properties shall also be mailed a notice of application.
4. The city shall mail or send the notice of application to all agencies with
jurisdiction, city departments, and to any person who requests such notice in writing,
5. One notice of application shall be done for all permit applications related
to the same project at the time of the earliest complete project permit application.
Sec. 12.04.230145. Referral of preliminary short subdivision application.
Upon-reeeipbe€determination of comroleteness of an application for a short subdivision,
the planning department shall transmit one (1) copy of the application materials to each
member of the short subdivision committee, and one (1) provide cop 'es to the
appropriate city departments and to any other department or agency deemed necessary.
The application shall be transmitted at least five "nfc 5) weracinzg fifteen (15) calendar days
prior to the short subdivision committee meeting.
Sec. 12.04.130150. Notification of ether- agencies.
A. The city shall mail a notice of application to all agencies with jurisdiction over the
short subdivision application. Such notice shall include the hour and location of the short
subdivision committee meeting and a description of the property to be platted. A copy of
the plat and the application materials shall be provided to agencies as deemed necessary
or if requested by the agency.
B. Notice of application for th Filing--&f a preliminary plat of a proposed short
subdivision in the ek�, AN eh subdivision i6 adjacent to or within one (1) mile of the city
boundaries or which contemplates the use of King County's or any other city's or town's
utilities shall be given to the appropriate county, city or town authorities.
25 Subdivision Code— Ch. 12.04 KCC
C. Notice of application for the filing of a preliminary plat of a proposed short
subdivision located adjacent to the right-of-way of a state highway shall be given to the
State Department-of44ighways Transportation. Such notice shall include the hour and
location of the meeting, heating and a legal description of the short subdivision preperty
to be planed and a location map. The department of transportation shall, within fourteen
(14) days after receiving the notice submit to the planning department a statement of any
information that the department deems to be relevant about the effect of the proposed
short subdivision upon the legal access to the state highway the traffic carrying capacity
of the state highway and the safety of the users of the state highway.
Sec. 12.04.155. Public notice. Notice of the short subdivision committee meeting
shall be ,given in the following manner:
1. The date of the short subdivision committee meeting shall be listed on the notice
of application, which shall be mailed to the applicant and all owners of real property as
shown by the records of the county assessor's office within two hundred(200) feet of any
portion of the boundary of the proposed subdivision. In addition, if the property to be
short subdivided abuts parcels greater than two (2) acres which have other properties
abutting them, these additional properties shall also be mailed a notice of application.
2. The city shall mail or send the notice of application to all agencies with
jurisdiction, city departments, and to any person who requests such notice in writing.
3. The city shall publish the notice of application in a newspaper of general
circulation within the city.
4. The applicant shall place at least one public notice board on the property to be
subdivided. The public notice board must be placed on the property as directed by the
Planning department, and no later than fourteen (14) days after a determination of
completeness. The applicant must remove the public notice board(s) from the property
within seven (7) days after the end of the comment notice period or the conclusion of the
public meeting(s). If the property to be subdivided is located adjacent to more than one
public street or has more than one potential access route, one public notice board shall be
26 Subdivision Code— Ch. 12.04 KCC
placed on the property adjacent to each public street or potential access route. Planning
department staff shall post the notice of application on the public notice board(s) on the
property and shall also post the notice of application at Kent city hall and in the re ig ster
for public review at the planning department office.
Sec. 12.04.235160. Public commentrespense. Affected agencies and the public
shall have a fourteen (14) calendar day period to comment on a notice of application. An
agency is presumed to have no comments if comments are not received within the
specified time period. The planning director may grant an extension of time only if the
application involves unusual circumstances. Any extension shall not be granted for a
period longer than three (3) additional calendar days. The public may make written
response to the proposed short subdivision application within the fifteen (1 5) days freffi
the a�,�-Leo=posing comment period.
The fourteen (14) day public comment neriod begins on the date the notice of
application is mailed, posted and published. The planning department must receive all
public comments by 4:30 p.m. on the last day of the comment period. Comments may be
mailed, personally delivered or sent by facsimile. Comments should be as specific as
possible. The short subdivision committee shall not take action on a short subdivision
application until after the fifteen-day applieatie comment period has passed.
Sec. 12.04.370165. Health Aegency recommendations regarding subdiv
preliminary plat. At the time of the preliminary short subdivision plat application,
written recommendations for approval or disapproval must be submitted from tT-he health
agencies responsible for approval of the proposed means of sewage disposal and/or water
1. 11 Cl A,itli the sity s, until prior to the city .,. uneills eRnside-,.tie'A R •1,..
regarding the general adequacy of
the proposed means of sewage disposal and/or water supply. The aApplicant is
responsible for submitting the appropriate application forms to the Seattle-King County
health department and for paying the health department review fee.
27 Subdivision Code— Ch. 12.04 KCC
Sea 12 nn 17n Shoo subdivision a wit.ea
A The she..t subdivision a .«:tree shall a :at ea one (1) piapp:�... ..
the d:_eeter of paE4Es and r-eefeation; the planning d:reeter, whe shall be ehairman. the
with full ..,.tipg pewer; and the fire ehiea who m designate the el.:ea of tl.e Are
B. T-hfee /Z\ of the five /G\ fneffibers ea the sha..t subdiyisien eewAn:ttee ..,,,nil,
present : order- re_-the e p :ttee to take a etie«
G. A meetingattended b the a pheapt or representative and the .she.::
:ttee membefa stall be held ..,kMfi C..t.,/nn\ da.,n aatt,e..eee:pt of the applie
The meeting shall bee n to the p..l.l:a
Tl The she. su . ,pee «. with emie n
L� wbd' :tt approve, 1 V.a 1Vl.v u..
eand:tiof e r de l.,the p ati S a aloft subdivision. An she.rt subdiVisi6fi ..hiewitl.
is in emeess ef fi3iff(4) lots shall be subjeet to full subdivisien standards and sMI eefnpl�
h the c nowin,. seet:epn eats is eede. KGG 12 nn n 1 nm) installation e fimp.•e.,e....entsef -�
bepd:na :n lie., ea:p.p_eyemepta. KCG 12.04.420(B), final plat _ea..:_e.....ents; KCC
12.04.430, geneteal .. opts andHiif�fnumstandards ea.esidential design; and KGG
12.04.500, general_a _e1. epte and- minimumstandards of:nd..at':al and ,. .at
E. The dee:a:ep a the tier l.d:.,:n:o« 't a stall be p.ade at the a/_._e w
iTIG�O�IJSV1T4l—SI1G—JI2�7-r�Z.TI0I1—GVIISIS[LCGv .. .... u v v v
Sillid' e-aeffhm:tta ....eating. An additional meeting may be ailed if n deeisien is
reep,1, d at the first..neetip.. The a end meeting stall be ne later tl.an seven(7) afteF
the first p.eet An e pheant may r-eqtieat that a ppl:eatie« ..d.:eh the nl.e..t
, on
sabdivisiea eemAnittee L taken aal:p«at:..e aetion be reopened by the a .a.it}ee i f it is
28 Subdivision Code- Ch. 12.04 KCC
i rr 17 nn 250 New infeFmatien J r �h ..ted during eit sn. eil n sideratien a
., ....
the appeal.
P. Notiel., f the short subdivisioneefiffnittee fneeti., shall hecq,,,efin the fellewin
manner:
1 Not Notiee shall be in �.�i
bting to all ..reY J..e.+.,ewners :Atli:.. a ra Ai..s eC
^� > Y
t. h d d Plan\ feet nF the e..terier heundaries of the pr-epefty whieh is the s..hieet nC
the applioatien F a shert subdivision; ..ad itie where the p pef:t., to be ..l.n..t
subdivided abutsY C ..eels gFeate than twe (2) aeres ..,hieh have other
them, these additional prn..Ries shall he s ti eQeA riting eF then pheatier
2 n (1) aetiee F the h K subdivision n plieatier. shall_bep6stea on
feu-teen /1 n\ Aa.,s after reeeipt eF the applieatie.,
Sec. 12.04.170. Short subdivision committee.
A. The short subdivision committee shall consist of the planning director, who shall
be chairman; the director of parks and recreation• the director of public works; the fire
chief, and a land use and planning board member. Each committee member is authorized
to designate an altemate to attend in their absence. A designated altemate shall have full
voting power in the short subdivision approval process
B. Three (3) of the five (5) members of the short subdivision committee must be
present in order for the committee to take any action.
Sec. 12.04.175. Short subdivision preliminary plat meeting. A public meeting
attended by the applicant or representative and the short subdivision committee members
shall be held within forty (40) days of the determination of completeness of the
application The meeting shall be open to the public.
29 Subdivision Code— Ch. I Z.04 KCC
Sec. 12.04.180. Approval criteria. ?,
A. A proposed short subdivision and dedication shall not be approved unless the city
finds that:
1. Appropriate provisions have been made for:
a. the public health, safety and general welfare of the community;
b. protection of environmentally sensitive lands and habitat;
c. potable water supplies;
d. sanitary wastes;
e. other public utilities and services, as deemed necessary:
f. drainageways;
& connectivity of streets, roads, alleyways and other private and
public ways for vehicular transportation, where feasible;
h. connectivity of sidewalks,pedestrian pathways, and other planning
features that assure safe walking conditions within and between subdivisions and
neighborhoods for residents and students who walk to and from school, parks, transit
stops and other neighborhood services, where feasible; and
2. The city has considered all other relevant facts; and
3. The public use and interest will be served by the platting of such short
subdivision and dedication.
4. The city has considered the physical characteristics of a proposed short
subdivision site and may deny a proposed plat because of flood, inundation, or wetland
conditions; slope, or soil stability and/or capabilities. Construction of protective
improvements may be required as a condition of approval, and such improvements shall
be noted on the final plat.
B. Dedication of land to any public body, provision of public improvements to serve
the subdivision, and/or the imposition of impact fees may be required as a condition of
subdivision approval. Dedications shall be clearly shown on the final plat. No dedication,
provision of public improvements, or impact fees shall be allowed that constitutes an
unconstitutional taking of private property. The city shall not require a release from
30 Subdivision Code— Ch. 12.04 KCC
damages to be procured from other property owners as a condition of approval for any
subdivision.
Sec. 12.04.240185. Decision on short subdivisions,
A. The decision of the short subdivision committee shall be made at the short
subdivision committee meeting. An additional meeting may be called if no decision is
reached at the first meeting. The second meeting shall be set for the next scheduled short
subdivision committee meeting or a date mutually agreed upon by the subdivider and the
short subdivision committee.
R-A. The city shall make written findings on the short subdivision approval criteria. If
appy-eved, the she.w subdivision plat shall be mar4e,7 n Appreyed" and signed by the
eh i....,aii of the ..here n.,l divinie , ..itte, The applicant shall be notified in writing
of the committee's decision and shall be provided with a copy of the committee's findings
addressing their reasons for approval or denial.
C. The short subdivision committee may approve, approve with modifications and
conditions, or deny the application for a short subdivision. Any short subdivision which
has four (4) or fewer lots shall not be subject to full subdivision standards and shall not
be required to comply with all of the design standards required of subdivisions.
DB. If modifications are deemed necessary by the short subdivision committee, they
may be added to the original short subdivision plat or a new short subdivision plat may
be required
Q if denied, ..the s e,w nubdiyisiaii plat shall be . ffked "Denied" and then .Bean,
shall be notified i ri frog e f the decision the te . .i n Fr- eninl
a
E. An applicant may request that an application, on which the short subdivision
committee has taken affirmative action,be reopened by the committee if it is found by the
planning director and the applicant that new information has come to light that might
affect the action taken by the short subdivision committee.
31 Subdivision Code— Ch. 12.04 KCC
t
F. In case of a denial by the short subdivision committee, any appeal made shall be
to the hearing examiner in accordance with section 12.04.190. New information may be
presented during hearing examiner consideration of the appeal.
See 12.04.190. A d..misty-alive guidelines far- sort subdivisions There shell
he en file with the..1.,...iiRg de....,4ment and Faade .. ailable with e..eh .. .hearten issued,
e
..et of administrative guidelines for dra-, Ann shei4 plat maps, filling e„t the ,. pl:eation
and feearding the plat.
Sec. 12.04.2-50190. Appeal of short subdivision committee decision. The
decision of the short subdivision committee shall be final, unless an appeal by any
aggrieved party of record is made to the hearing examiner within fourteen (14) calendar
days after the short subdivision committee's decision. The appeal shall be in writing and
shall be processed pursuant to Ch. 2.32 KCC. The decision of the hearing examiner shall
represent final action of the city and is appealable only to the superior court. Siieh appeal
must be filed with the siaperier eourt within PA,eftty efte (21) ealendar- days fiem the d.Ae
the de..:e:an *Oas issued.
Sec. 12.04.195. Appeal to superior court. The decision of the hearing examiner
is final, unless it is appealed to the superior court. Such appeal must be filed with the
superior court within twenty-one (21)calendar days from the date the decision was issued.
�..i..,]:..:..:e.. is filed with the platmiing depai4ment It is reviewed by the she,.t subdiyisie.,
of the decision of the she,w subdiyisien e .nittee shall be to the hearin. .,
Sec. 12.04.400200. Property annexed to city with short subdivision
preliminary plat approval from in King Ceounty.
32 Subdivision Code— Ch. 12.04 KCC
A. In instances where property annexed to the city has received short subdivision
preliminary plat approval from King County prior to annexation, the planning department,
department of public works, fire department and building department shall review the plat.
City plan checking review and inspections shall be subject to fees,which are on file in the
cityclerk's office. if the staff finds that the }eliminafy plat lies with the
..,. ..� .. i..., w� Nil.. .. ::pan,
...,....aa.b aa.ala. a..a.....c s, the tea+
prel.a..i„w j pia.hearing by the h :p— a pd eity vermeil.
i. The ever-all density of the i subdv�,-isien does-net-a*eeed theme
__ nede Let and let width � epts peed not
vuuaa� allowed Ywuu,uaa w vav a.va Wad v�uv. uva oac.v aanca ava r.aualmiiu avaaa V—a[caT iia.vu upp
eemply with KC G Title 15, Zoning, so long a averaH densivy eefnpl:es with KGG Title
15, Zoning.
B. The density, lot size and dimensions, and the provisions
2. Adequa4e p_evis en:a made for open space, drainage ways, streets, alleys,
public ways, water, sanitary wastes, parks, playgrounds, sites for schools and school
grounds, and those conditions imposed by King County need not comply with the
requirements of Title 15, Zoning or the Kent Construction Standards. These plats are to
be developed in accordance with city county standards in effect at the time of submittal
othe nill)di isien plat to the e:t..vesting of the preliminary_plat application in the county.
The eity may add n nditiens to the py-elimina.a,plat in er-der to of.a.„apee with
____ �..� may .... �....a....a..aa� ... aii� i.a..aaa...iw� i.aa.a iaavav�i—cam �aaom��vaaivzaa.mivv--..icxx
eity-standafEls.
33. Ne detriment a _s to its a ndin s
CB. The preliminary plat shall comply with the King County regulations KGG
1'.n-rc-oi(9 pertaining to expiration of the preliminary plat that were in effect on the date
the application vested. The date of approval will be that date on which King County
approved the preliminary plat.
G. if the � to t tmeted to a ti to the 't. th
sac xxx�.pio r'nc.cTcc.Fsoo ee�ivrcanSa-atoocc—pitvr�mcn-ucrox�a—w—tnc—caTcttc
subdivision.., .at a ply with vrn 1 2 nn n 19.
33 Subdivision Code— Ch. 12.04 KCC
D. The procedures for type I short subdivision final plats shall be those county
procedures and regulations in effect at the time of vestingof f the preliminary short plat
application in the county eutlined :ft KGG 12.04.420.
Sec. 12.04.4470205. Installation of improvements or bonding in lieu of
improvements.
A. The following tangible improvements may be required before a subdivision final
plat is sulRiit#ed er a type I short subdivision is recorded:
1. Grading and paving of streets and alleys;
2. Installation of curbs, gutters, sidewalks, monuments, sanitary and storm
sewers, street lights, water mains and street name signs, together with all appurtenances
thereto.
All improvements are to be made pursuant to specifications and standards of this
Code, approved by the department of public works and in accordance with standards of
the city.
B. The engineering department shall be responsible for the supervision, inspection
and acceptance of all subdivision improvements and shall charge the subdivider a fee that
has been assessed in accordance with Ordinance No. 3490 as enacted or as subsequently
amended the a .pA of the hourly Best to the ..a.. The Leer..,eest sh ll :«vll.Ae R.e ..el..'..
and benefits of the i eete..
C. Prior to proceeding with short subdivision improvements, the subdivider shall
make application for such permits from the city as are necessary. The applicant is also
responsible for complying with all permit requirements of other federal, state and local
agencies.
D. No final plat shall be submitted to the ..ity a eil n «.. type I short
subdivision shall be recorded until all improvements are
constructed in a satisfactory manner and approved by the responsible departments or a
bond approved by the city has been posted for deferred improvements. If a developer
34 Subdivision Code- Ch. I2.04 KCC
wishes to defer certain on-site improvements, written application shall be made to the
engineering and planning departments stating the reasons why such delay is necessary. If
the deferment is approved, the developer shall furnish a performance bond to the city in
an amount equal to a minimum of one hundred fifty(150) percent of the estimated cost
of the required improvements. The decision of the city engineer and planning director as
to the amount of such bond shall be conclusive. Such bond shall list the exact work that
shall be performed by the applicant and shall specify that all of the deferred improvements
be completed within the time established by the engineering department. If no time is
established, then the time period shall not later be longer than e«e "` year after approval
r the final plat by the eity eouneil ems,. five ,et er lar..e�
ne (1) year after recording of a-n,�-�r-Im-a�the
short subdivision. The bond shall be held by the engineering department's bond and
permit s ecialist c-ityelerk. The developer may substitute a certified or cashier's check or
assignment of funds in lieu of a performance bond. Such check or assignment shall be
made payable to the city tamer of Kent and shall be in the same amount as the bond it
is substituting.
E. The city reserves the right, in addition to all other remedies available to it by law,
to proceed against such bond or other payment in lieu thereof. In case of any suit or action
to enforce any provisions of this chapter, the developer shall pay the city all costs
incidental to such litigation including reasonable attorney's fees. The applicant shall enter
into an agreement with the city requiring payment of such attorney's fees. The requirement
of the posting of any performance bond or other security shall be binding on the applicant,
his heirs, successors and assigns.
iinprevefnei4s defeff ed, ameurA of bond or eheek deposited, time limit of bond or Gheek,
name of bending a. . Y .. ), and any etheF«e.w.. ent inf.. _tion.
Fi: The engineering department shall submit a se..t:ae to in a^^r^^te to notify the
planning department verifying that the developer has completed the required installations
and/or bonding in accordance with the provisions of this chapter and the specifications
and standards of the departments. One "` eapy erthe , pletod_eeFtifieate shall be
35 Subdivision Code— Ch. 12.04 KCC
_ e planning department 4egether-A4t- a..e4:ee shall noti
the developer advising him to proceed with preparation ef a final pla4 e recordation of
five let-vr- lmb`r the short subdivision er that _eFt:en of the a whieh Minifflllffl
when the required improvements have been installed and approved or adequate security
has been posted as provided in subsection(D) of this section. The eriginal eet4ifieate shall
be retained by the planning depaftffiefi4.
See. 12.04.210. Short subdivision preliminary map review. In any—Shen
subdivision of propefty in exeess ef�� (4) lets, the applieant must submit a fnap fe
preliminai-y staff review pfier te subfiiioal ef the applieation. The siaff shall review this
reeemmendatiefis f- revisiens. This shall net .. e.lode the staff frem ....,.1.:ng AHIhe�
reeemmendatiens at the applioatien stage.
Sec. 12.04.260210. Filing the sheF4 subdivision final short plat.
A. The short subdivision final plat whish-is submitted for filing shall be two (2)
reproducible mans drawn to a scale of not less than one (1) inch representing one hundred
(100) feet unless otherwise approved by the department of engineering and on sheets
eighteen (18) by twenty-two (22) inches. The original drawing shall be in black ink on
molar or photograuhic molar, and shall:
1. Be a repre '1./ to 1 stabilized drafting al.
AGZDIGTI � C<•TJOQIrpn-JCC[C)11ILOQ'$LST'CIII'-TPII1T'OI•'OIi
linen 4-aeing ela41..
�'�IVCIr
2 Be eighteen (1 8) i ehes by twent , 4...e (22) inel.es i .
size;
1. Include the date, title, name and location of the subdivision, graphic scale
and true north point.
23. Show the location of all existing fences and structures in relation to lot
lines within or abutting the short plat;
34. Show the location of utilities, streets and easements within or abutting
short plat;
36 Subdivision Code— Ch. 12.04 KCC
4. Display the lines of all streets and roads alley lines, lot lines, lot and
blocks numbered in numerical order, reservations, easements, and any areas to be
dedicated to public use with notes stating their purpose and any limitations.
5. r 1 A the legal desert ,tieii e f the tet„t pareel shE), ..._en the final liner.
lines,Legal deser-iptiens fer eaeh newly er-eated !at must alse be submitted te the plaBiiin
department, but de net have to be en final fineft. All legal deseriptions shaR be filetes and
elaim andler feeerding plats-,
5. Contain data sufficient to determine readily and reproduce on the ground
the location bearing and length of every street easement line lot line, boundary line and
block line on site.
6. Include dimensions to the nearest one-hundredth of a foot and angles and
bearings in degrees, minutes and seconds.
7. Include Lambert coordinates to the nearest five (5) seconds, or as required
by more stringent state regulations if provided by the department of public works for
permanent control monuments on the final plat as determined by the city engineering
department's land surveyor.
8. I£ applicable display all interior permanent control monuments located as
determined by the city engineer's office All interior monuments shall be installed prior
to the release of any bond.
9. Be mathematically correct.
10. Be accompanied by an approved printed computer plot closure on all lots
streets, alleys and boundaries.
11. Contain a meets and bounds legal description on the face of the fmal plat
mylar which reflects all ties to subdivision lines donation claim lines and/or recorded plat
lines The plat shall be accompanied by a current plat certificate with the identical metes
and bounds legal description of the land to be subdivided on both the title report and final
nylar.
37 Subdivision Code- Ch. I Z 04 KCC
12. Be accompanied by a complete survey of the section in which the plat or
replat is located, or as much thereof as may be necessary to properly orient the plat within
such section or sections. The plat and section survey shall be submitted with complete
field and computation notes showing the original or reestablished comers with
descriptions of the same and the actual traverse showing error of closure and method of
balancing. A sketch showing all distances, angles and calculations required to determine
corners and distances of the plat shall accompany this data. The allowable error of closure
shall not exceed one (1) foot in ten thousand (10,000) feet or as required by more stringent
state regulations.
13. List all conditions of approval for the short subdivision on the face of the
plat.
14. Conform to the approvedpreliminary plat.
156. Be signed by the owner of the property on the face of each the final plat
lint;molar.
16-7. Include a notarized certificate of the owner, contract purchaser, grantor of
a deed of trust, or other holder of beneficial title to the property being subdivided
indicating that the short subdivision is made with free consent and in accordance with
their desires, and if the short subdivision is subject to deeding of property, the notarized
certificate shall be signed by all parties having any ownership interest in the lands
subdivided. For purposes of this section, 'ownership interest" shall include legal and
equitable property interests, including, but not limited to, present, future, contingent or
whole fee interests, together with a beneficiary's interest pursuant to a trust and contract
interest pursuant to a specifically enforceable contract for the purchase of the real
property;
p fifmiiig Oiat the title of the lap.ia ,.
desetibed and shewn en the plat is in the name ..f the ,. ner g the plat ee.rtN.eatiep
J
B. In addition to other requirements as specified in this section, the final plat shall
contain or be accompanied by the following;
i
38 Subdivision Code— Ch. 12.04 KCC
1. Certification showing that streets rights-of-way and all sites for public use
have been properly dedicated.
2. Certification by a licensed land surveyor that a survey has been made and
that monuments and stakes will be set.
3. Certification by the responsible health agencies that the methods of sewage
disposal and water service are acceptable.
4. Certification by the engineering department that the subdivider has
complied with either of the following alternatives:
a. All improvements have been installed in accordance with the
requirements of these regulations, or
b. Certain improvements have been deferred according to KCC
12.04.205 (D), deferred improvements.
5. The subdivider shall furnish the city a current klat certificate or title report
from a title insurance company,produced no more than forty-five (45) calendar days prior
to final plat application, that documents the ownership and title of all interested parties in
the plat subdivision or dedication and that lists all liens and encumbrances. The legal
description in the title report shall be identical to the meets and bounds legal description
on the face of the plat The city reserves the right to require updates of the certificate or
title report at any time prior to signing the final plat by the short subdivision committee
chairman.
6. Copies of any restrictive covenants as may be used in the short subdivision.
7. Certification of approval to be signed by the King County assessor.
8. Certification of approval to be signed by the King County recorder.
CB. All short subdivision final plats shall be surveyed by a land surveyor licensed in
the state. Allextefier _.,. ers and .,.___ts shall be ..___.________-a. All exterior corner and/or
angle points shall be set with re-bar and cap. The type of street monuments used shall be
in accordance with City of Kent standards and shall be installed per those same standards.
The licensed land surveyor's certification must appear on final linenmylar. Certificates of
39 Subdivision Code— Ch. 1Z04 KCC
approval by the chairman of the short subdivision committee, and the King County T
assessor and the King County recorder must be provided on the final iineamylar.
D. If any utility companies and/or utility districts have existing easements within the
proposed plat, the plattor or its assigns shall have these easements removed or shall have
their rights subordinated to the City of Kent.
E. The final plat must be submitted to the planning department for review by the city
as to compliance with all terms of the preliminary approval of the proposed subdivision
or dedication: terms of bonding or the completion of all improvements, and completeness
and accuracy of survey data and platting requirements.
F. The short subdivision final plat shall be signed by the chairman of the short
subdivision committee when the plat is determined to be in compliance with all applicable
short subdivision platting requirements and before it is filed with King County.
G. An approved short subdivision final plat shall be filed for record in the office of
the King County auditor and shall not be deemed approved until filed.
H. A copy of the recorded short plats shall be filed with the planning department and
one set of the original molar shall be filed with the department of public works.
Sec. 12.04.M215. Short subdivision plat expiration. If the short subdivision
final plat is not filed within one(1) year of the date of preliminary plat approval, the short
subdivision plat shall be null and void. Upon written request of the subdivider, the
planning department may grant one (1) extension of not more than one (1) year. Such
request must be received by the planning department prior to the one-year expiration date.
Sec. 12.04.M220. Limitations on further subdivision. Any land subdivided
under the requirements for a short subdivision shall not be further divided for a period of
five (5) years without following the procedures for subdivisions, except that when the
short subdivision contains fewer than four parcels, nothing in this section shall prevent
the owner who filed the short subdivision from filing an alteration within the five-ye
period to create up to a total of four lots within the original short subdivision boundaries.
40 Subdivision Code— Ch. 12.04 KCC
Sec. 12.04.225. Procedure for alteration of a type I short subdivision.
A. If an applicant wishes to alter a type I short subdivision or any portion thereof,
except as provided in Section 12.04.230, that person shall submit an application to the
planning department requesting the alteration. The application shall contain the signatures
of all persons having an ownership interest in lots tracts parcels sites or divisions within
the subdivision or in that portion of the subdivision to be altered.
B. If the subdivision is subject to restrictive covenants which were filed at the time
of the approval of the subdivision and the application for alteration would result in the
violation of a covenant the application shall contain an agreement signed by all parties
subject to the covenants providing that the parties agree to terminate or alter the relevant
covenants to accomplish the purpose of the alteration of the subdivision or portion thereof
C. If the alteration is requested to a short subdivision prior to final plat review and
signature a minor alteration may be approved with consent of the planning director and
the public works director. A major plat alteration shall require consent of the short
subdivision committee after public notice and a public meeting is held The planning
department shall provide notice of the application for a major plat alteration to all owners
of property within the subdivision and as was required by the original short plat
application The planning director shall have the authority to determine whether the
proposed alteration constitutes a minor or major alteration.
D. If the alteration is requested to a short subdivision after final plat review and
signature but prior to filing the final plat with King County, a plat alteration may be
improved with consent of the short subdivision committee. Upon receipt of an application
for alteration the plaruung department shall provide notice of the application to all owners
of property within the subdivision and as was required by the original short plat
application. The notice shall establish a date for a public meeting.
E. The short subdivision committee shall determine the public use and interest in the
proposed alteration and may deny or approve the application for alteration. If any land
within the alteration is part of an assessment district any outstanding assessments shall
41 Subdivision Code— Ch. 12.04 KCC
be equitably divided and levied against the remaining lots, parcels, or tracts, or be levied
equitably on the lots resulting from the alteration. If any land within the alteration
contains a dedication to the general use of persons residing within the subdivision, such
land may be altered and divided equitably between adjacent properties.
F. After approval of the alteration, the short subdivision committee shall order the
applicant to produce a revised drawing of the approved alteration of the short subdivision,
which after signature of the chair of the short subdivision committee, the final plat shall
be filed with the county auditor to become the lawful plat of the property.
G. This section shall not be construed as applying to the alteration or replatting of any
plat of state-granted tide or shore lands.
Sec. 12.04.230. Procedure for vacation of a type I short subdivision.
A. Whenever an applicant wishes to vacate a type I short subdivision or any portion
thereof, that person shall file an application for vacation with the planning department.
The application shall set forth the reasons for vacation and shall contain signatures of all
parties having an ownership interest in that portion of the subdivision subject to vacation.
B. If the short subdivision is subiect to restrictive covenants which were filed at the
time of the approval of the short subdivision and the application for vacation would result
in the violation of a covenant, the application shall contain an agreement signed by all
parties subject to the covenants providing that the parties agree to terminate or alter the
relevant covenants to accomplish the purpose of the vacation of the short subdivision or
portion thereof.
C. When the vacation application is specifically for a city street or road, the
procedures for street vacation in Ch. 6.09 KCC shall be utilized for the street vacation.
When the application is for the vacation of the plat together with the streets or roads, the
procedure for vacation in this section shall be used but vacations of streets may not be
made that are prohibited under state law.
D. The planning department shall give notice to all owners of property within the
subdivision, and within 200 feet of short subdivision boundaries and to all applicable
42 Subdivision Code— Ch. 12.04 KCC
agencies. The short subdivision committee shall conduct a public meeting if the requested
vacation does not involve a public dedication. The city council shall conduct a public
hearing on the application for a vacation if the request involves a public dedication. The
application for vacation of the short subdivision may be approved or denied after the city
has determined the public use and interest to be served by the vacation of the short
subdivision. If any portion of the land contained in the short subdivision was dedicated
to the public for public use or benefit, such land, if not deeded to the city, shall be deeded
to the city unless the city council sets forth findings that the public use would not be
served in retaining title to those lands.
E. Title to the vacated property shall vest with the rightful owner as shown in the
county records. If the vacated land is land that was dedicated to the public, for public use
other than a road or street, and the city council has found that retaining title to the land is
not in the public interest, title thereto shall vest with the person or persons owning the
property on each side thereof, as determined by the city council. When the road or street
that is to be vacated was contained wholly within the short subdivision and is part of the
boundary of the short subdivision, title to the vacated road or street shall vest with the
owner or owners of property contained within the vacated subdivision.
F. This section shall not be construed as applying to the vacation of any plat of state-
granted tide or shore lands.
Sec. 12.04.43,0235. General requirements and sStandards for the subdivision
of land and any dedications.
A. It is the purpose of this subsection to provide for the protection of valuable,
irreplaceable environmental amenities and to make urban development as compatible as
possible with the ecological balance of the area. Goals are to preserve drainage patterns,
protect ground water supply,prevent erosion and to preserve trees and natural vegetation.
This is beneficial to the city in lessening the costs of the development to the city as a
whole, and to the subdivider in creating an attractive and quality environment.Land which
is found to be unsuitable for subdivision includes land with features likely to be harmful
43 Subdivision Code— Ch. 1 Z 04 KCC
to the safety and general health of the future residents such as land adversely affected by
flooding, bad drainage, steep slopes, rock formations. Land which the city council
considers inappropriate for subdivision shall not be subdivided unless adequate methods
are provided as safeguards against these adverse conditions. If any portion of the land
within the boundary of a preliminary plat or approved record of survey is subject to flood,
or inundation, or is in a flood control zone, according to Chapter 86.16 RCW,that portion
of the subdivision shall have the written approval of the State Department of Ecology
before the city council shall hear the final plat. Every reasonable effort shall be made to
preserve existing trees. Every effort shall be made to preserve existing streams, bodies of
water, marshes and bogs. If a stream passes through any of the subject property, a plan
shall be presented which indicates how the stream will be preserved. Methodology should
include an overflow area, and an attempt to minimize the disturbance of the natural
channel and stream bed. The piping or tunneling of water shall be discouraged and
allowed only when going under streets. Every effort shall be made to keep all streams and
bodies of water clear of debris and pollutants.
B. Where residential subdivisions are to be developed adjacent to business,
commercial or industrial land use districts,buffer strips may be provided. No plan for the
replatting, subdivision, or dedication of any areas shall be approved by the city council
unless the streets shown therein are connected by a surfaced road or street according to
city specifications to an existing street or highway. The location of all streets shall
conform to any adopted plans for streets in the city. The proposed street system shall
extend existing streets at the same or greater width, unless otherwise approved by the
engineering department. All proposed street names shall be approved by the city. Streets
intersecting with existing or proposed public highways, major or secondary arterials shall
be held to a minimum.
C. The alignment of all streets shall be reviewed and approved by the city engineering
department. The following standards shall apply unless otherwise approved by the
engineering department:
i
44 Subdivision Code— Ch. 12.04 KCC
_ 1. Where street intersections must be offset, such offsets shall not measure
less than two hundred (200) feet from the centerline to centerline.
2. Residential cul-de-sacs shall not exceed a length of six hundred(600) feet.
3. No street grades shall exceed fifteen (15)percent. A grading permit shall
be required as per Appendix 70 of the Uniform Building Code as adopted in KCC
14.01.010 prior to any grading.
4. A tangent of at least two hundred (200) feet in length shall be provided
between reverse curves for community or major arterials, one hundred fifty(150) feet for
neighborhood collector streets, and one hundred (100) feet for residential access streets.
5. Where a deflection angle of more than ten (10) degrees in the alignment
of a street occurs, a curve of reasonably long radius shall be introduced. On streets sixty
(60) feet or more in width, the centerline radius of curvature shall be not less than three
hundred (300) feet and on other streets it shall be not less than one hundred (100) feet.
6. All changes in grade shall be connected by vertical curves of a minimum
length of two hundred (200) feet unless specified otherwise by the engineering
department.
7. All streets shall be platted at full width. All street improvements shall be
of full-width improvement. Full-width improvement shall consist of the following:
a. All streets, roads, and alleys shall be graded to their full width and
the pavement and sidewalks shall be constructed to standard cross-sections.
b. All street and alley surfaces shall be of asphalt concrete according
to city specifications.
C. All streets may have permanent concrete curbs and gutters
according to city specifications.
d. All streets shall have storm drains consisting of the proper size pipe
and catch basins or open ditch which is to be determined at the time of the public hearing
for the preliminary plat. Whenever open ditch is allowed, no closed drains may be
installed except across an authorized driveway.
45 Subdivision Code— Ch. 12.04 KCC
r _ .
e. All primary/major arterials, secondary arterials and collector streets
shall have sidewalks, with a minimum of five (5) feet width on at least one(1) side.
f. All streets shall have street lighting located and installed in
accordance with the determinations and standards of the engineering department. Street
light spacing shall consider the dimensions of adjacent full-grown trees.
g. Streets which may be extended in the event of future adjacent
platting may be required to be dedicated to the boundary line. Extensions of greater depth
than an average lot shall be improved with temporary turnarounds. Dedication of a fall-
width boundary street may be required in certain instances to facilitate fixture
development.
h. Any planting strips in residential subdivisions shall be not less than
four(4) feet in width.
i. Street widths vary according to function and traffic generated. The
following minimum widths for the types of streets, as defined in the comprehensive plan,
must be adhered to if full pavement is required:
Right-of- Pavement
way width width
(feet) (feet)
Major Arterial 80 60
Secondary Arterial 70 44
Collector 60 36
Local Street 60 32
Cul-de-Sac 50 28 —32
Where full pavement is not required the right-of-way widths shall
remain the same for the type of street defined in the comprehensive
plan. The improvement may consist of two (2)eleven(11) foot driving
lanes and two (2) eight (8) foot shoulders and two (2) six (6) foot
drainage sections and two (2) five(5) foot potential sidewalk sections.
46 Subdivision Code— Ch. 1Z04 KCC
1:
If a subdivision is located in the area of an officially designed trail,provisions may
be made for reservation of the right-of-way or for easements to the city for trail purposes.
Sec. 12.04.440240. Installation of utilities.
A. All utilities designed to serve the subdivision shall be placed underground. Those
utilities to be located in the planting strip shall be placed in such a manner and depth to
permit the planting of trees. Those utilities to be located beneath paved surfaces shall be
installed, including all service connections, as approved by the engineering department.
Such installation shall be completed and approved prior to the application of any surface
material.
B. Unless septic tanks are specifically approved by the city, sanitary sewers shall be
provided at no cost to the city and designed in accordance with city standards.
C. An adequate drainage system shall be provided for the proper drainage of all
surface water. Cross drains shall be provided to accommodate all natural water flow and
shall be of sufficient length to permit full-width roadway and required slopes. The size
openings to be provided shall be determined by Talbot's formula, but in no case shall be
less than twelve (12) inches.
D. The water distribution system including the locations of fire hydrants shall be
designed and installed in accordance with city standards as defined by engineering and fire
department ordinances and requirements.
Sec. 12.04.450245. Public use and service areas. Due consideration shall be
given by the subdivider to the allocation on adequately-sized areas for public service
usage. Easements may be required for the maintenance and operation of utilities as
specified by the engineering department. Due regard shall be shown for all natural features
such as large trees, watercourses, historical spots and similar community assets which, if
preserved, will add attractiveness and value to the property.
47 Subdivision Code— Ch. 12.04 KCC
Sec. 12.04.47-0250. Lots. Insofar as practical, side lot lines shall be at right angles
to street lines or radial to curved street lines. Each lot must front upon a public street or
road. The size, shape, and orientation of lots shall meet the minimum area and width
requirements of the applicable zoning classification and shall be appropriate for the type
of development and use contemplated. Corner lots may be required to be platted with
additional width to allow for the additional side yard requirements. Lots which are
bordered by two (2) more or less parallel streets shall be permitted access to only one (1)
of those streets. All lot corners at intersections of dedicated public rights-of-way shall
have a minimum radii of fifteen (15) feet.
Sec. 12.04.480255. Other improvements.
A. Monuments. Concrete permanent control monuments shall be established at each
and every controlling comer of the subdivision. Interior monuments shall be located as
determined by the engineering department. All surveys shall be of second degree accuracy.
The use of state plane coordinates is encouraged. All other lot comers shall be marked
with suitable metal or wood markers.
B. Street signs. The subdivider shall reimburse the city on the cost of the public
street name signs and installation necessary in the subdivision. The subdivider at his cost
shall install street name signs on all private streets in the subdivision.
C. Hillside subdivisions. A hillside subdivision is a subdivision in which any lot in
the subdivision has average slopes greater than fifteen(15)percent and in which any street
in the subdivision has grades greater than seven (7) percent at any point. Additional
regulations shall be placed on hillside subdivisions in order to protect the unique
environment and to deal with additional drainage and erosion problems present in such
areas. The following standards shall apply to hillside subdivisions in addition to the
regulations of KCC 12.04.235 through 12.04.255(A) and (B) which shall apply unless
specifically excepted:
48 Subdivision Code— Ch. 12.04 KCC
1. Information concerning the soils, geology, drainage patterns, and
vegetation shall be presented in order to determine if the subdivision can be safely
developed.
2. Detailed plans for any proposed cut and fill operations shall be submitted.
These plans shall include the angle of slope, contours, compaction, and retaining walls.
3. Streets may have a grade exceeding fifteen (15)percent and street widths
may be less than those required in KCC 12.04.235(C)(6) and (7)(i) if it is found that
traffic generated will be less than in a nonhillside subdivision.
4. Lots may be required to be larger than minimum lot sizes required by KCC
Title 15, Zoning. Generally, lots in steeper areas of the subdivision should be larger than
those in less steep areas of the subdivision.
5. Any clearing or grading shall be accompanied by erosion control measures
as deemed necessary by the engineering department.
Sec. 12.04.485260. Zero lot line type I short subdivisions.
A. Zero lot line subdivisions shall be subject to the development standards outlined
in KCC Title 15. These standards include minimum lot size, width, depth, etc.
B. The regulation of KCC 12.04.235 through 12.04.255 shall apply unless specifically
excepted. In addition, T-the following standards shall apply to zero lot line subdivision:_-.
r additien, the regulationof KC-C 12 nn lac .w_..ugh 12 nn -2cc shall apply tifiles
1. Streets, curbs and sidewalks.
a. Public streets. In certain areas, due to existing or planned
circulation systems, it may be necessary for the city to require public rights-of-way to be
provided within the development. When the provision of such rights-of-way is necessary,
the right-of-way width, paving width, and other standards shall be the same as would
otherwise be required. The perimeter buffering requirement shall be applied along these
rights-of-way.
49 Subdivision Code- Ch. 12.04 KCC
b. Nonpublic streets. Ownership of private streets not open to public
circulation shall remain with a homeowners' association and shall be their responsibility
to maintain. These streets shall have asphaltic or concrete surface, and concrete or asphalt
curbing shall be provided along both sides of all streets except where curb cuts are
necessary for driveways. The minimum paving width for all collector streets within the
zero lot line development shall be twenty-four(24) feet. The minimum paving width for
all residential access streets shall be twenty(20) feet. A four(4) foot wide sidewalk shall
be provided on one (1) side of the street, as a minimum. However, a sidewalk is not
required on limited access streets serving two (2) or less dwellings. In addition, guest
parking shall be provided at a rate of 0.5 guest parking spaces per dwelling unit beyond
the normal parking provided at the dwelling.
2. Installation of utilities. All utilities designed to serve the development shall
be placed underground. Any utilities located in a planting strip shall be placed in such a
manner and depth to permit the planting of trees. Those utilities to be located beneath
paved surfaces shall be installed, including all service connections, as approved by the
public works department. Such installation shall be completed and approved prior to the
application of any surface material. Easements may be required for the maintenance and
operation of utilities as specified by the engineering department.
a. Sanitary sewers. Sanitary sewers shall be provided at no cost to the
city and designed in accordance with city standards.
b. Storm drainage. An adequate drainage system shall be provided for
the proper drainage of all surface water. Cross drains shall be provided to accommodate
all natural water flow and shall be of sufficient length to permit full-width roadway and
required slopes. The size openings to be provided shall be determined by Talbot's
formula,but in no case shall be less than twelve (12) inches. All mobile home parts must
comply with city drainage ordinances.
C. Water system. The water distribution system including the location
of fire hydrants shall be designed and installed in accordance with city standards as
defined by the engineering and fire department ordinances and requirements.
50 Subdivision Code— Ch. 12.04 KCC
d. Electrical hook-ups. All electrical hookups shall comply with the
National Electrical Code. Permits shall be obtained from the State Electrical Inspection
Division.
Sec. 12.04.500265. General requirements and Desi n standards for
of industrial and commercial design-plats.
A. The division of land for industrial and commercial purposes shall conform to the
requirements and minimum standards of residential design except as provided in this
section.
B. The street widths shall be as follows:
Right-of-way Pavement
width in feet width in feet
Industrial Arterial 90 60
Industrial Collector 80 44
Industrial Access 60 36
Commercial Streets 60 36
Alleys 20 --
The city may require that street widths in commercial subdivisions be increased
to provide for traffic movement and to reduce or eliminate traffic congestion.
C. All industrial arterial (ninety(90) foot right-of-way), industrial collectors (eighty
(80) foot right-of-way), and commercial streets (sixty(60) foot right-of-way) shall have
sidewalks a minimum of five (5) feet in width, on both sides. All industrial and
commercial access streets which are also through streets shall have sidewalks a minimum
of five (5) feet in width, on one (1) side.
D. All lot corners at intersections of dedicated public rights-of-way shall have a
minimum radii of twenty-five (25) feet.
E. If railroad tracks are to be installed in a subdivision, such tracks and their route
shall be shown on the face of the preliminary plat.
51 Subdivision Code— Ch. 12.04 KCC
F. Blocks shall not be less than six hundred (600) feet or more than two thousand
(2,000) feet in length. Blocks should be not less than three hundred (300) feet in width,
except where fronting on major streets or prevented by topographical conditions or size
of the property, in which case the land use hearing examiner may approve a lesser width.
Blocks should not be greater than one thousand (1,000) feet in width.
G. Lots. Lots are optional in industrial and commercial subdivisions. The size, shape
and orientation of lots shall meet the minimum area and width requirements of the
applicable zoning classification and shall be appropriate for the type of development and
use contemplated. However, if lots for individual sale or lease are created, they shall
conform to the following criteria:
1. Insofar as practical, side lot lines shall be at right angles to street lines or
radial to curved street lines.
2. Comer lots may be required to be platted wider than interior lots as
determined by the planning department.
See. 12.04.270. Filing short subdivision final plat.
B. A.. approved shei4 s ubdiN,isien final,.let shell be filed f .reeerd in the effiee eC
the King County auditor and shall .,et he .iee«,e.i a .ed until filed-.
G. In additien to subseetien (B) above short plate shell he filed Aith the .,le.,.,:n
department the eity ele..k and the department efpubl:e works.
See. 12 04 359. sub-division preliminaryplat meet' The ..1,....ing
depaFtment shall eempare the subdivision tentative and prehminafy piats and shall reae'
e deeisien within three (3) wer4dag da)s eAef the e.,hfnissie..e ..te as to . ethe..a prel: ri fury
plat meeting is aeeessaf-y. A preliminafy plat a
there are siofieant differenees between the subdivisien tentative and preliminary plats.
52 Subdivision Code— Ch. I Z 04 KCC
The a to natie., of the n sit., of a prel;..,inaFy plat meeting shall he based an the
1 The degFe e f eemmen l:t,.l.et.,,een the PA,e (2) plans li.o—the epz
plat is a refinement of the tentative plat ef is a eampletely n plat for the same
2. The pfesenee or absenee of revisions pfesent in the pr-elifni ary, plat
resulting fiefn eh:eetiens raised at the tentative plat ineetiagy
III. Type II Short Subdivisions
Sec. 12.04.400. Purpose of type II short subdivisions. The procedures
regulating type H short subdivisions are established to promote orderly and efficient
division of lots on a smaller scale promote infill development and meet density
requirements in established urban areas while minimizing the application review time,
avoiding placing undue burdens on the subdivider and complying with the purpose of this
chapter and the provisions ofRCW 58.17.060 et seq.
Sec. 12.04.405. Scope.
A. Any land being divided into more than four(4) and less than ten(10)parcels, lots,
tracts sites or subdivisions, any one(1) of which is less than twenty(20) acres in size and
which has not been divided in a short subdivision within a period of five (5) years shall
be subject to the requirements of this section.
B. No application for a short subdivision shall be approved if the land being divided
is held in common ownership with a contiguous parcel that has been divided in a short
subdivision within the preceding five (5) years. Such serial subdivision of contiguous
parcels in the same ownership is defined as `piggybacking' short subdivisions, and is
prohibited unless the subject property has received master plan approval by the city
through a rezone planned unit development or other hearing process then `piggvbacking'
short subdivisions shall be permitted Such short subdivisions must be consistent with the
approved master plan.
53 Subdivision Code— Ch. 12.04 KCC
Sec. 12.04.410. Preliminary consultation with staff. Any person who desires
to subdivide land in the city should consult with the Oanning department at an early date
on an informal basis in order to become familiar with the requirements of this chapter.
The department of public works should be consulted at this time for advice and assistance
in understanding the engineering requirements of this chapter and the construction
standards of the city.
Sec. 12.04.415. Application procedures. An application for a type H short
subdivision consists of six (6) separate steps as follows:
1. Preparation of the tentative short subdivision and submission of the
tentative short subdivision application to the planning department;
2. Review of the tentative short subdivision by the city and convene a meeting
with the developer and the city resulting in the issuance of a tentative subdivision letter:
3. Preparation of the preliminary plat of the proposed short subdivision and
submission of the preliminary short subdivision application to the short subdivision T
committee for a public meeting and decision;
4. Installation or bondingof f improvements according to the approved
preliminary plat requirements and satisfaction of all plat conditions;
5. Submission of the final plat to the planning department for review and
signature by the chair of the short subdivision committee;
6. Recordation of the approved final plat in the office of the King County
department of records and elections.
Sec. 12.04.430420. Subdivision in phases. In a phased type 11 short subdivision,
preliminary plat approval must be granted for the entire subdivision and must delineate
the separate divisions which are to be developed in increments. The preliminary plat
approval shall be conditioned upon completion of the proposed phases in a particular
sequence and may specify a completion date for each phase. Final plat approval shall be
54 Subdivision Code—Ch. 12.04 KCC
granted for each separate phase of the preliminary plat and any changes at the preliminary
plat stage would require eity-eerineil approval of the short subdivision committee.
Sec. 12.04.320425. Subdivision tTentative short plat review.
A. Applications for a short subdivision tentative plat meeting and review shall be
filed with the planning department. A tentative plat meeting and review shall be
considered equivalent to a pre-application meeting for the purposes of meeting the
requirements of KCC 12.01.080. Seventeen (17) espies efthe tentative s,1.divisie �
..hall The scale and information required for a tentative short subdivision
U21icationplat and number of copies to be filed shall be in accordance with the
requirements of the planning director KCC seetien 1 0 330 iB e..eept that the seal
.] f d net need te be preeise and the p dees not need to he prepared bj
registered land e
B. The planning department shall transmit copies of the short subdivision tentative
plat to the fire development service public works and parks departments public utility
agencies serving the area and to any other department or agency deemed necessary. the
l ce.._ (4) aaYie,, to the depai4mert_of.�Y works,
orks,
�
2. One (1) a y to the buildiiig depaAffient•
3. One (1) e .,to the health
"J>
4. Otie (1) to the fire depaftme.,t. an
S. h (1) e eh to the ubl: util;t.,ageneies g the a.
"'
C. A meeting on the subdivisiea tentative short plat shall may be held, which is
attended by the planning department, other city departments which receive copies of the
tentative plat the plaiining depaftffien , and the subdivider. Any recommendations of the
various departments for revision of the tentative plat should be discussed at such meeting
These recommendations and potential conditions of approval for the short plat shall be
as well asrecorded in writing and mailed to the subdivider by the planning department.
55 Subdivision Code— Ch. 12.04 KCC
D. e The recommendations of the city
departments shall be based on whether the tentative short plat is,
must find that the tentative piat,
l. I&4n general-conformance with the purpose and regulations of this chapter;
2. In conformance with fire safety regulations;
3. In conformance with City of Kent Construction Standards;
4. hi conformance with building code regulations;
52. In conformance with the appropriate streets standards and eenferxnte the
circulation pattern established or proposed for the area that the subdivision will be
developed in;
63. Is-in conformance with sewer, water and other utility plans for the area;
74. Is-xNot detrimental to its surroundings.
E. If the short subdivision tentative plat is recommended to proceed apgreved as
presented or as modified as per in accordance with the written suggestions made by the
cif^resented : writingat the tentative plat...eeti the applicant shall proceed to the
preliminary short subdivision slat stage. If not recommended to proceedappreved, a T
preliminary short subdivisionplA may still be submitted to the heariilg exairtin short
subdivision committee. However, it is likely that the same objections and problems will
arise at that stage.
F. If changes are made to a preliminary short plat which has already received
tentative plat recommendations and potential conditions, the planning department shall
compare the subdivision tentative short plat and the proposed preliminary short plat and
shall make a determination whether the preliminary plat requires additional tentative plat
review. A new tentative plat review and meeting may be required if the preliminary plat
is not substantially similar to the tentative plat reviewed by the city. The determination of
the necessity for another tentative plat meeting shall be based on the following
considerations:
56 Subdivision Code— Ch. 12.04 KCC
1. The degree of commonality between the two (2)plans (i.e., the preliminary
Plat is a refinement of the tentative plat, or is a completely new plat for the same
property); and
2. The presence or absence of revisions present in the preliminary plat
resulting from concems or recommendations raised at the tentative plat meeting
Sec. 12.04.430. Preliminary short subdivision application.
A. Application for a short subdivision shall be made to the planning department on
the forms supplied and in the number of copies prescribed by that department.
B. The short subdivision plat shall be a neat and approximate drawing on
reproducible material at a decimal scale. The plat may shall measure between eight and
one-half(8 1/2) inches by eleven(11) inches and eighteen (18) inches by twenty-two (22)
inches and shall include:
1. The short subdivision name and number, the name and address of the
owner, and the name and address of the licensed land surveyor and if applicable, the
subdivision engineer;
2. The date of preparation, the true north point, a gyaphic scale and legal
description of the property to be subdivided and drawn to an appropriate decimal scale;
3. The location of existing and proposed platted property lines, and existine
section lines, streets, buildings, water courses, railroads,bridges, and any recorded public
or private utility or roadway easements, both on the land to be subdivided and on the
adjoining lands that abut the proposed subdivision, for a distance of one hundred (100)
feet from the edge of the subject property;
4. The names, locations, widths and other dimensions of proposed streets,
alleys, easements, parks and other open spaces, reservations and utilities;
5. The acreage of land to be subdivided; the number of lots; the area of each
lot; and the approximate square footage and approximate percent of total acreage in open
space:
6. The approximate dimensions of each lot;
57 Subdivision Code— Ch. I2.04 KCC
7. How the proposed subdivision will be served by utilities and the location
of sewer and water lines.
8. All existing structures and distances from any existing and proposed lot
lines within or abutting the short subdivision within a distance of fifty(50) feet.
9. Monumentation of all exterior comers and streets and be surveyed by
land surveyor licensed in the state.
10. Provisions for considering sidewalks and other planning features that
assure safe walking conditions for students who walk to and from school, users of public
transit and other pedestrians.
11. All of the information requested on the application form by the planning
director.
See. 12.04.435. Principles of acceptability. No short subdivision shall be
approved unless the following principles of acceptability are met• the short subdivision
shall:
1. Create legal building sites which comply with all provisions of KCC Title T
15, Zoning, and health regulations;
2. Establish access to a public road for each seguegated parcel;
3. Have suitable physical characteristics• a proposed short plat maybe denied
because of flood inundation or wetland conditions; slope, soil stability and/or capabilities;
or the construction of protective improvements may be required as a condition of
approval;
4. If adiacent to another municipality or King County, take into consideration
the subdivision standards of that jurisdiction as well as the requirements of this chapter;
5. Make adequate provision for stormwater detention, drainageways, water
supplies sanitary wastes and other public utilities and services, as required by applicable
laws, codes, rules and regulations.
6. Where feasible make adequate provision for the connectivity of streets,
alleys, pedestrian accessways and other public ways.
58 Subdivision Code— Ch. 12.04 KCC
Sec. 12.04.440. Determination of completeness. Within twenty-eight (28)
calendar days after receiving a type 11 short subdivision preliminary plat application, the
Planning department shall mail or personally provide to the applicant a written
determination of completeness which states either that the application is complete or
incomplete. If incomplete, the letter shall identify what information is required to make
the application complete. The letter shall also identify, to the extent known by the city,
other agencies with iurisdiction over the short subdivision application. If the city
determines that an application is not complete, the applicant shall have up to ninety(90)
calendar days to submit the necessary information to the city. If the applicant either
refuses in writing to submit additional information or does not submit the required
information within the ninety(90) calendar day period,the application shall lapse because
of a lack of information necessary to complete the review. Within fourteen (14) calendar
days after an applicant has submitted the requested additional information, the city shall
again make the completeness determination and shall notify the applicant in the same
manner.
If the short subdivision application is determined to be complete, the planning
department shall accept the application and note the date of acceptance. The time period
for review of the proposed short subdivision begins following the determination of a
complete application and acceptance of the application by the city. If the city does not
provide a written determination to the applicant that the application is incomplete, the
application shall be deemed complete at the end of the twenty-eight (28)day completeness
review period.
Sec. 12.04.445. Vesting. A proposed division of land shall be considered under
the requirements of this chapter and the zoning and other land use regulations in effect on
the land at the time that a preliminary plat application for a type H short subdivision as
defined in KCC Ch. 12.04, has been determined to be complete and has been accepted by
the city of Kent, pursuant to KCC Chapter 12.04.440.
59 Subdivision Code— Ch. 12.04 KCC
Sec. 12.04.450. Notice of application. A notice of application shall be issued for
short subdivision applications within fourteen(14) calendar days after the city has made
a determination of completeness, and at least fifteen (15) calendar days prior to the short
subdivision committee meeting date. The notice of application shall be mailed,published
and posted on the same day, in the following manner:
1. The city shall publish the notice of application in a newspaper of general
circulation within the city.
2. The city shall post the notice of application on the public notice board(s)
placed on the property and shall also post the notice of application at Kent city hall and
in the register for public review at the planning department office.
3. The city shall mail the notice of application listing the date of the short
subdivision committee meeting to the applicant and all owners of real property as shown
by the records of the county assessor's office within two hundred(200) feet of any portion
of the boundary of the proposed subdivision. hi addition if the property to be short
subdivided abuts parcels greater than two (2) acres which have other properties abutting
them these additional properties shall also be mailed a notice of application.
4. The city shall mail or send the notice of application to all agencies with
iurisdiction city departments and to any person who requests such notice in writing.
5. One notice of application shall be done for all permit applications related
to the same project at the time of the earliest complete project permit application.
Sec. 12.04.455. Referral of preliminary short subdivision application. Upon
determination of completeness of an application for a short subdivision the planning
department shall transmit one (1) copy of the application materials to each member of the
short subdivision committee provide copies to the appropriate city departments and to any
other department or agency deemed necessary. The application shall be transmitted at least
fifteen (15) calendar days prior to the short subdivision committee meeting:
60 Subdivision Code— Ch. 12.04 KCC
Sec. 12.04.460. Notification of agencies.
A. The city shall mail a notice of application to all agencies with jurisdiction over the
short subdivision application. Such notice shall include the hour and location of the short
subdivision committee meeting and a description of the property to be platted. A copy of
the plat and application materials shall be provided to agencies as deemed necessary or
if requested by the agency.
B. Notice of application for a preliminary plat of a proposed short subdivision
adjacent to or within one (1) mile of the city boundaries or which contemplates the use of
King County's or any other city's or town's utilities shall be given to the appropriate
county, city or town authorities.
C. Notice of application for a preliminary plat of a proposed short subdivision located
adjacent to the right-of--way of a state highway shall be given to the State Department-of
Transportation. Such notice shall include the hour and location of the meeting, a legal
description of the short subdivision and a location map. The department of transportation
shall, within fourteen (14) days after receiving the notice, submit to the planning
department a statement of any information that the department deems to be relevant about
the effect of the proposed short subdivision upon the legal access to the state highway, the
traffic carrying capacity of the state highway and the safety of the users of the state
highway.
Sec. 12.04.465. Public notice.
A. Notice of the short subdivision committee meeting shall be given in the following
manner:
1. Notice of application shall be mailed, published and posted on the same
day, at least fifteen (15) calendar days prior to the meeting date.
2. The date of the short subdivision committee meeting shall be listed on the
notice of application, which shall be mailed to the applicant and all owners of real
property as shown by the records of the county assessor's office within two hundred(200)
feet of any portion of the boundary of the proposed subdivision. In addition, if the
61 Subdivision Code— Ch. 12.04 KCC
property to be short subdivided abuts parcels greater than two (2) acres which have other
properties abutting them, these additional properties shall also be mailed a notice of
application. The city shall mail or send the notice of application to all agencies with
jurisdiction, city departments, and to any person who requests such notice in writing.
3. The city shall publish the notice of application in a newspaper of general
circulation within the city.
4. The applicant shall place at least one public notice board on the property
to be subdivided. The public notice board must be placed on the property as directed by
the planning department, and no later than fourteen (14) days after a determination of
completeness. The applicant must remove the public notice board(s) from the property
within seven (7) days after the end of the comment notice period or the conclusion of the
public meeting(s). If the property to be subdivided is located adjacent to more than one
public street or has more than one potential access route, one public notice board shall be
placed on the property adjacent to each public street or potential access route. Planning
department staff shall post the notice of application on the public notice board(s) on the
property and shall also post the notice of application at Kent city hall and in the re ig ster
for public review at the planning department office.
Sec. 12.04.470. Public comment.
A. Affected agencies and the public shall have a fourteen (14) calendar day period to
comment on a notice of application. An agency is presumed to have no comments if
comments are not received within the specified time period. The planning director may
grant an extension of time only if the application involves unusual circumstances. Anv
extension shall not be granted for a period longer than three (3) additional calendar days.
The public may make written response to the proposed short subdivision application
within the comment period.
B. The fourteen (14) day public comment period begins on the date the notice of
application is mailed, posted and published. The planning department must receive all
public comments by 4:30 p.m. on the last day of the comment period. Comments maybe
62 Subdivision Code— Ch. 12.04 KCC
mailed, personally delivered or sent by facsimile. Comments should be as specific as
possible. The short subdivision committee shall not take action on a short subdivision
application until after the comment period has passed.
Sec. 12.04.475. Agency recommendations. At the time of the preliminary short
subdivision plat application, written recommendations for approval or disapproval must
be submitted from the health agencies responsible for approval of the proposed means of
sewage disposal and/or water supply, regarding the general adequacy of the proposed
means of sewage disposal and/or water supply. The applicant is responsible for
submitting the appropriate application forms to the Seattle-King County health department
and for paving the health department review fee.
Sec. 12.04.480. Sbort subdivision committee.
A. The short subdivision committee shall consist of the planning director, who shall
be chairman; the director of parks and recreation; the director of public works; the fire
chief and a land use and planning board member. Each committee member is authorized
to designate an alternate to attend in their absence. A designated altemate shall have full
voting power in the short plat approval process.
B. Three (3) of the five (5) members of the short subdivision committee must be
present in order for the committee to take any action.
Sec. 12.04.485. Short subdivision preliminary plat meeting. A public meeting
attended by the applicant or representative and the short subdivision committee members
shall be held within forty (40) days of the determination of completeness of the
amplication. The meeting shall be open to the public.
Sec. 12.04.490. Approval criteria.
A. A proposed short subdivision and dedication shall not be approved unless the city
finds that:
63 Subdivision Code— Ch. 12.04 ACC
1. Appropriate provisions have been made for:
a. the public health, safety and general welfare of the community;
b. protection of environmentally sensitive lands and habitat;
C. potable water supplies;
d. sanitary wastes;
e. other public utilities and services, as deemed necessary;
f. drainageways;
& stormwater detention;
h. community parks and recreation;
im neighborhood tot lots and play areas;
l schools and school grounds;
k. transit stops;
1d connectivity of sidewalks,pedestrian pathways, and other planning
features that assure safe walking conditions within and between subdivisions and
neighborhoods for residents and students who walk to and from school, parks, transit
stops and other neighborhood services,where feasible;
M. connectivity of streets, roads, alleyways and other private and
public ways for vehicular transportation, where feasible; and
2. The city has considered all other relevant facts; and
3. The public use and interest will be served by the platting of such short
subdivision and dedication.
4. The city has considered the physical characteristics of a proposed short
subdivision site and may deny a proposed plat because of flood, inundation, or wetland
conditions; slope, or soil stability and/or capabilities. Construction of protective
improvements maybe required as a condition of approval, and such improvements shall
be noted on the final plat.
B. Dedication of land to any public body_,provision of public improvements to serve
the subdivision, and/or the imposition of impact fees maybe required as a condition of
subdivision approval. Dedications shall be clearly shown on the final plat. No dedication,
64 Subdivision Code— Ch. 12.04 KCC
t
provision of public improvements, or impact fees shall be allowed that constitutes an
unconstitutional taking of private property. The city shall not require a release from
damages to be procured from other property owners as a condition of approval for any
subdivision.
See. 12.04.495. Decision on short subdivisions.
A. The decision of the short subdivision committee shall be made at the short
subdivision committee meeting An additional meeting may be called if no decision is
reached at the first meeting The second meeting shall be set for the next scheduled short
subdivision committee meeting or a date mutually agreed upon by the subdivider and the
short subdivision committee.
B. The city shall make written findings on the short subdivision approval criteria.
The applicant shall be notified in writing of the committee's decision and shall be
provided with a copy of the committee's findings addressing their reasons for approval
or denial.
C. The short subdivision committee may approve, approve with modifications and
conditions or deny the application for a short subdivision. Any short subdivision which
is in excess of four(4) lots shall be subject to full subdivision standards and shall comply
with all of the design standard sections of this code.
D. If modifications are deemed necessary by the short subdivision committee, they
may be added to the original short subdivision plat or a new short subdivision plat may
be required by the short subdivision committee.
E. An applicant may request that an application on which the short subdivision
committee has taken affirmative action be reopened by the committee if it is found by the
Planning director and the applicant that new information has come to light that might
affect the action taken by the short subdivision committee.
F. In case of a denial by the short subdivision committee, any appeal made shall be
to the hearing examiner in accordance with section 12.04.500. New information may be
presented during hearing examiner consideration of the appeal.
65 Subdivision Code— Ch. 12.04 KCC
See. 12.04.500. Appeal of short subdivision committee decision. The decision
of the short subdivision committee shall be final, unless an appeal by party of record is
made to the hearing examiner within fourteen (14) calendar days after the short
subdivision committee's decision. The appeal shall be in writing and shall be processed
pursuant to Ch. 2.32 KCC. The decision of the hearing examiner shall represent final
action of the city and is appealable only to the superior court.
Sec. 12.04.505. Appeal to superior court. The decision of the hearing examiner
is final, unless appealed to the superior court. Such appeal must be filed with the superior
court within twenty-one (21) calendar days from the date the decision was issued.
1�,.�_Lot Lets ♦' 1 d k 1 d el
SeC—r s5. rvc8--Ana"c�p�ivixixi--ax=xixa'c'S�.ixux -fa.ca c................
subdivisions. The size, shape and a entation of lets shall meet the fninim�lfn area--and
a
elassifieation and shall be apprepfiate for th
are eetede the.,shall s a fbFm to the fellewing e';fe{;z
1 In`..F_ as pr- etienl side let linen shall he at rights glen to su"t lines o
radial ten red nt«net linen
2. Gemer lets fn&y ber-equir-ed to be planed wide_y than xis
determined by the plaFffiing ElepaFtmepit.
Sec. 12.04.510. Property annexed to city with short subdivision preliminary
plat approval from King County.
A. In instances where property annexed to the city has received short subdivision
preliminary plat approval from King County prior to annexation, the planning department,
department of public works, fire department and building department shall review the plat.
City plan check review and inspections shall be subject to fees, which are on file in the
city clerk's office.
66 Subdivision Code— Ch. 12.04 KCC
B. The density, lot size and dimensions and the provisions made for open space
drainage ways streets alleys public ways water, sanitary wastes parks play%uounds,
sites for schools and school grounds and those conditions of approval imposed by King
County need not comply with the requirements of KCC Title 15 Zoning or the Kent
Construction Standards These plats are to be developed in accordance with county
standards in effect at the time of vesting of the preliminary plat in the county.
C. The preliminary plat shall comply with the King County regulations pertaining to
expiration of the preliminary plat that were in effect on the date the application vested
The date of approval will be that date on which King County approved the preliminary
plat.
D. The procedures for type II short subdivision final plats shall be those county
procedures and regulations in effect at the time of vestingof f the preliminary short plat
application in the county.
Sec. 12.04.515. Installation of improvements or bonding in lieu of
r improvements.
A. The following tangible improvements may be required before a short subdivision
of five (5) or more lots is recorded:
1. Grading and paving of streets and alleys;
2. Installation of curbs, gutters sidewalks monuments sanitary and storm
sewers, street lights water mains and street name signs, together with all appurtenances
thereto.
All improvements are to be made pursuant to specifications and standards of this
Code, approved by the department of public works and in accordance with standards of
the city.
B. The engineering department shall be responsible for the supervision inspection
and acceptance of all subdivision improvements and shall charge the subdivider a fee that
has been assessed in accordance with Ordinance No 3490 as enacted or as subsequently
amended.
67 Subdivision Code— Ch. 12.04 KCC
C. Prior to proceeding with short subdivision improvements, the subdivider shall
make application for such permits from the city as are necessary. The applicant is also
responsible for complying with all permit requirements of other federal, state and local
agencies.
D. No type II short subdivision shall be recorded until all improvements are
constructed in a satisfactory manner and approved by the responsible departments or a
bond approved by the city has been posted for deferred improvements. If a developer
wishes to defer certain on-site improvements, written am)lication shall be made to the
engineering and planning departments stating the reasons why such delay is necessary. If
the deferment is approved, the developer shall furnish a performance bond to the city in
an amount equal to a minimum of one hundred fifty (150) percent of the estimated cost
of the required improvements. The decision of the city engineer and planning director as
to the amount of such bond shall be conclusive. Such bond shall list the exact work that
shall be performed by the applicant and shall specify that all of the deferred improvements
be completed within the time established by the engineering department. If no time is
established, then the time period shall not be longer than one (1) year after recording of T
the short subdivision. The bond shall be held by the engineering demartment's bond and
permit specialist. The developer may substitute a certified or cashier's check or assignment
of funds in lieu of a performance bond. Such check or assignment shall be made payable
to the city of Kent and shall be in the same amount as the bond it is substituting.
E. The city reserves the right, in addition to all other remedies available to it by law,
to proceed against such bond or other payment in lieu thereof. In case of any suit or action
to enforce any provisions of this chapter, the developer shall pay the city all costs
incidental to such litigation including reasonable attorney's fees. The applicant shall enter
into an agreement with the city requiring payment of such attomey's fees. The requirement
of the posting of any performance bond or other security shall be binding on the applicant,
his heirs, successors and assigns.
F. The engineering department shall notify the planning department verifying that the
developer has completed the required installations and/or bonding in accordance with the
68 Subdivision Code— Ch. 12.04%CC
provisions of this chapter and the specifications and standards of the departments The
planning department shall notify the developer advising him to proceed with recordation
of the short subdivision when the required improvements have been installed and
approved or adequate security has been posted as provided in subsection (D) of this
section.
Sec. 12.04.420520. Filing the final
short plat.
A. An application for short subdivision final plat shall be filed with the planning
department on the forms provided and in the number of copies prescribed by the planning
department. Eleven n ,) , e efth f fial plat plus the efiginal shall , subinitted. The
final plat shall be prepared by a land surveyor registered in accordance with the
requirements of Chapter 18.43 RCW, and shall conform to the preliminary plat.
Application fees are on file in the city clerk's office and the planning department.
B. The Fii^' ..ubdivisieii plat ,._ final short subdivision final plat form
subdivisions of five "` er mere ,,.... submitted for filing shall be two (2) reproducible
maps drawn to a scale of not less than one (1) inch representing one hundred (100) feet
unless otherwise approved by the department of engineering and on sheets eighteen(18)
by twenty-two (22) inches. The original drawing shall be in black ink on linefi tmeing
lcth cr an stabilised drafting film-mylar or photographic mylaz, and shall:
1. Include the date, title, name and location of the subdivision, graphic scale
and true north point.
2. Show the location of all existing fences and structures in relation to lot
lines within or abutting the short plat.
3. Show the location of utilities, streets and easements within or abutting
short plat.
42. Display the lines of all streets and roads, alley lines, lot lines, lot and
blocks numbered in numerical order, reservations, easements, and any areas to be
dedicated to public use, with notes stating their purpose and any limitations.
69 Subdivision Code— Ch. 12.04 KCC
53 Contain data sufficient to determine readily and reproduce on the ground
the location, bearing, and length of every street, easement line, lot line, boundary line and
block line on site.
64. Include dimensions to the nearest one-hundredth of a foot and angles and
bearings in degrees, minutes and seconds.
7-5. Include Lambert coordinates to the nearest five (5) seconds, or as required
by more stringent state regulations, if provided by the department of public works for
permanent control monuments on the final plat as determined by the city engineering
department's land surveyor.
86. If applicable, dDisplay all interior permanent control monuments located
as determined by the city engineer's office. All interior monuments shall be installed prior
to the release of any bond.
9-7. Be mathematically correct.
108. Be accompanied by an approved printed computer plot closure of
on all lots, streets, alleys and boundaries.
9 Centain .. legal deseriptien e f the land to be subdividedon bothreport tAe titi,. _
.7 final line« Legal l description shall be metes and 1.....«ds deseriptie« ..e{leeting
within sueh deseiiptian ties to all subdivision lines, denatien elaim lines aa&er reeefde
{plat lines
11. Contain a meets and bounds legal description on the face of the final plat
mylar which reflects all ties to subdivision lines, donation claim lines and/or recorded plat
lines The plat shall be accompanied by a current plat certificate with the identical metes
and bounds legal description of the land to be subdivided on both the title report and final
mylar.
124-9. Be accompanied by a complete survey of the section in which the plat or
replat is located, or as much thereof as may be necessary to properly orient the plat within
such section or sections. The plat and section survey shall be submitted with complete
field and computation notes showing the original or reestablished comers with
descriptions of the same and the actual traverse showing error of closure and method of
70 Subdivision Code— Ch. 12.04 KCC
balancing. A sketch showing all distances, angles and calculations required to determine
comers and distances of the plat shall accompany this data. The allowable error of closure
shall not exceed one (1) foot in ten€rve thousand (310,000) feet or as required by more
stringent state regulations.
13. List all conditions of approval for the short subdivision on the face of the
plat.
14. Conform to the approved preliminary plat.
15. Be signed by the owner of the property on the face of each final plat mylaz
16. Include a notarized certificate of the owner, contract purchaser, grantor of
a deed of trust, or other holder of beneficial title to the property being subdivided
indicating that the short subdivision is made with free consent and in accordance with
their desires, and if the short subdivision is subject to deeding of property, the notarized
certificate shall be signed by all parties having any ownership interest in the lands
subdivided. For purposes of this section "ownership interest" shall include legal and
equitable property interests, including, but not limited to, present, fixture contingent or
whole fee interests, together with a beneficiary's interest pursuant to a trust and contract
interest pursuant to a specifically enforceable contract for the purchase of the real
property.
C. In addition to other requirements as specified in this section, the final plat shall
contain or be accompanied by the following:
1. Certification showing that streets, rights-of-way and all sites for public use
have been property dedicated.
2. Certification by a licensed land surveyor that a survey has been made and
that monuments and stakes will be set.
3. Certification by the responsible health agencies that the methods of sewage
disposal and water service are acceptable.
4. Certification by the engineering department that the subdivider has
complied with either of the following alternatives:
71 Subdivision Code— Ch. I Z 04 KCC
a. All improvements have been installed in accordance with the
requirements of these regulations, or
b. Certain improvements have been deferred according to KCC
12.04.400 515 (D), deferred improvements.
5. The subdivider shall furnish the city a current plat certificate or title report
from a title insurance company, produced no more than forty-five (45) days prior to final
plat application, that documents the ownership and title of all interested parties in the plat,
subdivision, or dedication and that lists all liens and encumbrances. The legal description
in the title report shall be identical to the meets and bounds legal description on the face
of the plat. The city reserves the right to require updates of the certificate or title report
at any time prior to the gFaiifing of the final plat by the My eethiei signing the final plat
by the short subdivision committee chairman.
6. Certification of approval to be signed by the King County assessorftxanw
de«..»t.»ent that taxes have been paid: e_danee...:tl. D/`\77 54 09 010 e...7 59 09 040
aand that a de«esit has been made with the King Geui4y finanee depaFgnent :n ..ffie:ent
xxuZxxuc a ac ...,....»., ...»»�� v
aniou
«t to pay the taxes f the f llowing yens
7. Certification of approval to be signed by the King County recorder€Hwaiee
eei4'Qed to the [L«e«ee A:_eete_ f_ eelleetie« vany nei4y herein eentei;ied AeA:ented
fee street.., alleys v ether publie uses af e aidin full.
direetsr.
Q. f'et4ifeetie« of e««_eyal to be signed by the ._.z.e. and the e:t..ele_l.
84-0. Copies of any restrictive covenants as may be used in the short subdivision.
D. All short subdivision final plats shall be surveyed by a land surveyor licensed in
the state. All exterior corner and/or angle points shall be set with re-bar and cap. The
type of street monuments used shall be in accordance with City of Kent standards and
shall be installed per those same standards. The licensed land surveyor's certification
must appear on final molar. Certificates of approval by the chairman of the short
72 Subdivision Code— Ch. 12.04 KCC
subdivision committee the King County assessor and the King County recorder must be
provided on the final molar.
E. If any utility companies and/or utility districts have existing easements within the
proposed plat the plattor or its assigns shall have these easements removed or shall have
their rights subordinated to those of the City of Kent.
ED. The plamiing dep&4Rient shall distiibiite the final sheft plat to all depafulleFAs an
o
1, r 1' + plat. . .l and to ether- e arte„ts utility n
„�, -• e
ether- gavemmental
aggeneies deemed neeessary,The final short plat shall be submitted
to the planning department for review by the city as to compliance with all terms of the
preliminary approval of the proposed subdivision or dedication• terms of bondingor r the
completion of all improvements• and completeness and accuracy of survey data and
platting requirements.
E. At first publ: eeting r ne g the date the r 1 1 applieatien 1 bee
CC ll aeeepted by h planning de..n.rme..t the e:t.,eetineil shall set a date for-n ..ublie
}, b b te thesider the final plat The final plat shall he approved, a.disappreyeer .i
A to the YY1' C edi F.ea. ie. or withineetien within thirty (30) days of the
date F rr 1' the
+ pl .,t , nts to an extensien of e el. time- e.
F.
Before the final plat subm-44ed to the eit y eeuneil it shall be signed by the eit.engineer .
A planning d: ete After the final p1m . approved by the :t y 1.n1 it :t e1
be signed by the mayer a the eivy ele..l. The fiiial plat shall he filed with the in
Kin
Geunt y audite_by the eit..
G' if a C 1 1 h et been submitted fe e rdi within /L\ _Ohs nAe
r
expireA plat, plat h shall be resubmitted as a preliminary_plat. One /1\exte_ sie« to the
six /G\ menth period may be b,anted b the eit eetifteil',
G. The short subdivision final plat shall be signed by the chairman of the short
subdivision committee when the plat is determined to be in compliance with all applicable
short subdivision platting requirements and before it is filed with King County.
73 Subdivision Code— Ch. 12.04 KCC
H. An approved short subdivision final plat shall be filed for record in the office of
the Kin-, County auditor and shall not be deemed approved until filed.
I. A copy of the recorded short plats shall be filed with the planning department and
one set of the original mylar shall be filed with the department of public works.
See. 12.04.525. Short subdivision plat expiration. If the short subdivision final
plat is not filed within one (1) year of the date of preliminary plat approval, the short
subdivision plat shall be null and void. Upon written request of the subdivider, the
planning department may grant one (1) extension of not more than one (1) year. Such
request must be received by the planning department prior to the one-year expiration date
Sec. 12.04.530. Limitations on further subdivision. Any land subdivided under
the requirements for a type H short subdivision shall not be further divided for a period
of five (5)years without following the procedures for subdivisions.
See. 12.04.535. Procedure for alteration of a type II short subdivision.
A. If an applicant wishes to alter any type II short subdivision or any portion thereof,
except as provided in Section 12 04.540 that person shall submit an application to the
planning department requesting the alteration The application shall contain the signatures
of all persons having an ownership interest in lots tracts parcels sites or divisions within
the subdivision or in that portion of the subdivision to be altered.
B. If the subdivision is subject to restrictive covenants which were filed at the time
of the approval of the subdivision and the application for alteration would result in the
violation of a covenant the application shall contain an agreement sieved by all parties
subject to the covenants providing that the parties agree to terminate or alter the relevant
covenants to accomplish the purpose of the alteration of the subdivision or portion thereof.
C. If the alteration is requested to a short subdivision prior to final plat approval and
signature a minor alteration may be approved with consent of the planning director and
the public works director. A major plat alteration shall require consent of the short
74 Subdivision Code— Ch. 12.04 KCC
subdivision committee, after public notice and a public meeting is held. The planning
department shall provide notice of the application for a major plat alteration to all owners
of property within the subdivision, and as was required by the original short plat
application. The planning director shall have the authority to dete=ine whether the
proposed alteration constitutes a minor or major alteration.
D. If the alteration is requested to a short subdivision after final plat approval and
Sig
nature but prior to filing the final plat with King County, a plat alteration may be
approved with consent of the short subdivision committee. Upon receipt of an application
for alteration the planning department shall provide notice of the application to all owners
of property within the subdivision and as was required by the original short plat
application The notice shall establish a date for a public meeting.
E. The short subdivision committee shall determine the public use and interest in the
proposed alteration and may deny or approve the application for alteration. If any land
within the alteration is part of an assessment district, any outstanding assessments shall
be equitably divided and levied against the remaininglots,ots parcels, or tracts, or be levied
equitably on the lots resulting from the alteration. If any land within the alteration
contains a dedication to the general use of persons residing within the subdivision, such
land may be altered and divided equitably between adjacent properties.
F. After approval of the alteration the short subdivision committee shall order the
applicant to produce a revised drawing of the approved alteration of the short subdivision
which after signature of the chair of the short subdivision committee, the final plat shall
be filed with the county auditor to become the lawful plat of the property.
G. This section shall not be construed as applying to the alteration or replattin of
f any
plat of state-granted tide or shore lands.
See 12.04.540. Penalties.
A. Any-per on, fifm, ee pvratien er asseeiatien, er any-agent of any pefsea, FiEm,
75 Subdivision Code— Ch. 1204 KCC
iccnm for eaeh s .el, . lelatie., e inTfisafunent for e ,.:ea ..e4 4e a eed d9 ft.. izm
days, or-beth sueh fine and imosop.-Aeat.
1Z rn to the penalt.,in s„bseetien (A) abeve f .:elatien of"s ehapter, an
befer-e stieh plat has been appfeved by the eib,, and befere it has been filed faf feeerd i
the efAse of the King Ge.,nt,r a,.d:tar shall tipan eenvietien, be subjeet to a fine .,et to
°.,need tl,..ee l,,.nd..ed della_s (c300 f n eaeh sueh violation) of iiRp ..,isenent f r a neriea
net to exeeed thi ft y i3m days) l, s„ l, fi a or betene nd imp,-inefunent This pt:ayin:en deep
,.t apply when the original subdivid-er sells the enN«e paneel ten ether subdivider.
TL..V:�e County 4.r�,�nnen•d:nn nHe..n e,r «ants n nti en he e n hl,e}TnnnF n
G. >
The e:t...n&y r-eeeyey-the penalty if subseetien (B) above and n est by eiyil aetien 1
any .,.. efa ete.,t : sdie4:en
B. W ene. of land within a s„bdiN4s:en ,.,.anted final approval : sea : a fflap;qRf
fee a purpese which,.:elates nnypfayis:en of the state subdiyis:en law, RCIIII QQ 1 s1 060
th fetigh 54 17 910 orany pr-aof"s ehapter e any tefm or na:tien of plater �.
appreval preser-ibed for- a plat by the eity eeiineil, the King County pfeseetiting attefne5
the attemey general .., eonmmenee An etie., 4e _est_a:n and enjoin eh tise an'
eampel s nl:anee with the previsiens of the state subdivision law or this ehapter. The
gists of suet aetien may be taxed against the elate,.
See. 12.04.540. Procedure for vacation of a type II short subdivision.
A. Whenever an applicant wishes to vacate a type 11 short subdivision or any portion
thereof, that person shall file an application for vacation with the planning department.
The application shall set forth the reasons for vacation and shall contain signatures of all
parties having an ownership interest in that portion of the subdivision subiect to vacation.
B. If the short subdivision is subiect to restrictive covenants which were filed at the
time of the approval of the short subdivision, and the application for vacation would result
in the violation of a covenant, the application shall contain an agreement signed by all
76 Subdivision Code— Ch. 12.04 KCC
parties subiect to the covenants providing that the parties agree to terminate or alter the
relevant covenants to accomplish the purpose of the vacation of the short subdivision or
portion thereof.
C. When the vacation application is specifically for a city street or road, the
procedures for street vacation in Ch. 6.09 KCC shall be utilized for the street vacation.
When the application is for the vacation of the plat together with the streets or roads, the
procedure for vacation in this section shall be used but vacations of streets may not be
made that are prohibited under state law.
D. The planning department shall give notice to all owners of property within the
subdivision, and within 200 feet of short subdivision boundaries and to all applicable
agencies. The short subdivision committee shall conduct a public meeting if the requested
vacation does not involve a public dedication. The city council shall conduct a public
hearing on the application for a vacation if the request involves a public dedication. The
application for vacation of the short subdivision may be approved or denied after the city
has determined the public use and interest to be served by the vacation of the short
subdivision. If any portion of the land contained in the short subdivision was dedicated
to the public for public use or benefit, such land, if not deeded to the city, shall be deeded
to the city unless the city council sets forth findings that the public use would not be
served in retaining title to those lands.
E. Title to the vacated property shall vest with the rightful owner as shown in the
county records. If the vacated land is land that was dedicated to the public, for public use
other than a road or street, and the city council has found that retaining title to the land is
not in the public interest, title thereto shall vest with the person or persons owning the
property on each side thereof, as determined by the city council. When the road or street
that is to be vacated was contained wholly within the short subdivision and is part of the
boundary of the short subdivision, title to the vacated road or street shall vest with the
owner or owners of Property contained within the vacated subdivision.
F. This section shall not be construed as applying to the vacation of any plat of state-
granted tide or shore lands.
77 Subdivision Code— Ch. 12.04 KCC
See. 12.04.545. Standards for the subdivision of land and any dedications.
A. It is the puMose of this subsection to provide for the protection of valuable,
irreplaceable environmental amenities and to make urban development as compatible as
possible with the ecological balance of the area. Goals are to preserve drainage pattems,
protect ground water supply, prevent erosion and to preserve trees and natural vegetation.
This is beneficial to the city in lessening the costs of the development to the city as a
whole, and to the subdivider in creating an attractive and quality environment. Land which
is found to be unsuitable for subdivision includes land with features likely to be harmful
to the safety and general health of the future residents such as land adversely affected by
flooding, bad drainage, steep slopes, rock formations. Land which the city council
considers inappropriate for subdivision shall not be subdivided unless adequate methods
are provided as safeguards against these adverse conditions. If any portion of the land
within the boundary of a preliminary plat or approved record of survey is subiect to flood,
or inundation, or is in a flood control zone, according to Chapter 86.16 RCW,that portion
of the subdivision shall have the written approval of the State Department of Ecology
before the city council shall hear the final plat. Every reasonable effort shall be made to
preserve existing trees. Every effort shall be made to preserve existing streams,bodies of
water, marshes and bogs. If a stream passes through any of the subject property, a plan
shall be presented which indicates how the stream will be preserved. Methodology should
include an overflow area, and an attempt to minimize the disturbance of the natural
channel and stream bed. The piping or tunneling of water shall be discouraged and
allowed only when going under streets. Every effort shall be made to keep all streams and
bodies of water clear of debris and pollutants.
B. Where residential subdivisions are to be developed adjacent to business,
commercial or industrial land use districts,buffer strips may be provided. No plan for the
replatting, subdivision, or dedication of any areas shall be approved by the city council
unless the streets shown therein are connected by a surfaced road or street according to
city specifications to an existing street or highway. The location of all streets shall
78 Subdivision Code— Ch. 12,04 KCC
conform to any adopted plans for streets in the city. The proposed street system shall
extend existing streets at the same or greater width unless otherwise approved by the
engineering department All proposed street names shall be approved by the city. Streets
intersecting with existing or proposed public highways major or secondary arterials shall
be held to a minimum.
C. The alignment of all streets shall be reviewed and approved by the city engineering
department. The following standards shall apply unless otherwise approved by the
engineering department:
1. Where street intersections must be offset, such offsets shall not measure
less than two hundred (200) feet from the centerline to centerline
2. Residential cul-de-sacs shall not exceed a length of six hundred(600) feet
3. No street grades shall exceed fifteen (15) percent A grading permit shall
be required as per Appendix 70 of the Uniform Building Code as adopted in KCC
14.01.010 prior to any grading,
4. A tangent of at least two hundred (200) feet in length shall be provided
between reverse curves for community or maior arterials one hundred fifty(150) feet for
neighborhood collector streets, and one hundred (100) feet for residential access streets
S. Where a deflection angle of more than ten (10) degrees in the aliga_ent
of a street occurs, a curve of reasonably long radius shall be introduced On streets sixty
(60) feet or more in width, the centerline radius of curvature shall be not less than three
hundred (300) feet and on other streets it shall be not less than one hundred (100) feet
6. All changes in grade shall be connected by vertical curves of a minimum
length of two hundred (200) feet unless specified otherwise by the engineering
department.
7. All streets shall be platted at full width All street improvements shall be
of full-width improvement. Full-width improvement shall consist of the following:
a. All streets, roads, and alleys shall be graded to their full width and
the pavement and sidewalks shall be constructed to standard cross-sections.
79 Subdivision Code— Ch. I2.04 KCC
b. All street and alley surfaces shall be of asphalt concrete according
to city specifications.
C. All streets may have permanent concrete curbs and gutters
accordingto o city specifications.
d. All streets shall have storm drains consisting of the proper size pipe
and catch basins or open ditch which is to be determined at the time of the public hearing
for the preliminary plat. Whenever open ditch is allowed, no closed drains may be
installed except across an authorized driveway.
e. All primary/maior arterials, secondary arterials and collector streets
shall have sidewalks, with a minimum of five (5) feet width on at least one (1) side.
f All streets shall have street lighting located and installed in
accordance with the determinations and standards of the engineering department. Street
light spacing shall consider the dimensions of adjacent full-grown trees.
& Streets which may be extended in the event of future adjacent
platting may be required to be dedicated to the boundary line. Extensions of greater depth
than an average lot shall be improved with temporary turnarounds. Dedication of a full-
width boundary street may be required in certain instances to facilitate future
development.
h. Any planting strips in residential subdivisions shall be not less than
four(4) feet in width.
i. Street widths vary according to function and traffic generated. The
following minimum widths for the types of streets, as defined in the comprehensive plan,
must be adhered to if full pavement is required:
Ri ht-o - Pavement
way width width
get 6get
Major Arterial 80 60
Secondary Arterial 70 44
Collector 60 36
80 Subdivision Code— Ch. 12.04 KCC
Local Street 60 32
Cul-de-Sac 50 28 — 32
Where full pavement is not required the right-of-way widths shall
remain the same for the type of street defined in the comprehensive
plan. The improvement may consist of two (2) eleven(11) foot driving
lanes and two (2) eight (8) foot shoulders and two (2) six (6) foot
drainage sections and two (2) five (5) foot potential sidewalk sections.
If a subdivision is located in the area of an officially designed trail provisions may
be made for reservation of the right-of-way or for easements to the city for trail wrooses
Sec. 12.04.550. Installation of utilities.
A. All utilities designed to serve the subdivision shall be placed underground Those
utilities to be located in the planting strip shall be placed in such a manner and depth to
permit the planting of trees. Those utilities to be located beneath paved surfaces shall be
installed, including all service connections as approved by the engineering department
Such installation shall be completed and approved prior to the application of any surface
material.
B. Unless septic tanks are specifically approved by the city, sanitary sewers shall be
provided at no cost to the city and designed in accordance with city standards
C. An adequate drainage system shall be provided for the proper drainage of all
surface water. Cross drains shall be provided to accommodate all natural water flow and
shall be of sufficient length to permit full-width roadway and required slopes The size
openings to be provided shall be determined by Talbot's formula, but in no case shall be
less than twelve (12) inches.
D. The water distribution system including the locations of fire hydrants shall be
designed and installed in accordance with city standards as defined by engineering and fire
department ordinances and requirements.
81 Subdivision Code— Ch. I Z 04 KCC
3
Sec. 12.04.555. Public use and service areas. Due consideration shall be given
by the subdivider to the allocation on adequately-sized areas for public service usage.
Easements may be required for the maintenance and operation of utilities as specified by
the engineering department Due regard shall be shown for all natural features such as
large trees watercourses historical spots and similar community assets which, if
preserved will add attractiveness and value to the property.
Sea 12.04.560. Lot lane ad,justmentsw
A. The purpose j ....C let line adustent :s tea d a miner-transfer of land
between adjasent legally
1 i f ♦pares! tatus RG 11 58 1 7.04 1/G\
cs>Srx7-c$crnj�c-paxrwrSxaxao�x xcc ...... .... ...�..J.
B. A sempleted 1 J 1' adjustment appl:eatien :s filed
The applieatien is reviewed h the mningg epai:tment staff, The adjustment : e:the�
J ran
d'estmefit is reeerded by the a Yr nlieant at King Geuf
+ department
1' YY
adjustment 1' shall he submitted en fimms supplied by the planning
ene half(8 1 ) ' h by eleven (11) :neh sheet of paper shew where applieahle•
--a. Existing let lines-,
b- o a a new let lines and distanee :t has been fn
,va.
6. djaa nA street .
'1'7Te) 1 eatien and dimens:ens— C existing niller Y«epese.i
6 c eture and distanee ten eFt.,line
f. Total aeuare a 6.etage eC..eyise,4 lets
9. Ground flaer- square c eta efall st et„fea.
h Leeatien f ensite Y kinga) r g landsean:n a other
feinuCes affOeted by the ehn
i ladieatien of nefth;
82 Subdivision Code— Ch. 12.04 KCC
identification of pareels as Tot A of D eta .
j. f T ) )
IThe s anat..re of all n pe,w., e e Laving interest in the let 1:
)
affidavit in F nn d by the plane:..a direeter attesting♦e
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pd . rif.ina the ownership and title of all irate«esteA paFties of the .. ..e.w.. and l:..tin
b
f
— —And-bou-nds deseriptien af the prepesed new lets if ether than
plat
t l' d' tm to shall h � tent .:th the fella � � l f
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s`N'eeptabil3vyi
i. Adjust lat lines 1 d' the lin.inatien f A- let line � der to
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viitict pp R. k l
f
I C-4eate letter lat de e .
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3. Genf r„. to a phealle zenifig, subdivision and ether eade fequirements
pertaining to let design, eea onf ad building lti n deveepmeat sanars.
�-- 1 t d d >
4 A..eid s .,..tie.. of an additienal let pareel and♦raet.
f
D. The planning depaF4nent..ell review and approve the prepesed let k fia edi..st...e..t
b
may e)
approve withtl ediAeationsf .,r den the plieatien for a let lne
adjustment. Tf appreved all l:...r /A\ let line adjustment„.ape shall be stamped ciappre..edff
and siped and dated by the plafmiiig dir-eeter. The appheant shall be notified in vMfiii
notified of a .el ....edi{:eatien aetiap TF a edit3eatien of the original hat line
83 Subdivision Code— Ch. 12.04 KCC
legaladjustment fnap, prejeeted
the T
appr-eval .latemaybe exteade.7 if der.ie.l the let line adjustment shall be mar-ke.i "de«ied"
ed i riling e f the deninion
and the urYaavuaat shall be aavuax , stating the
P. A 48t line adjustment does fiet beeeffie effeetive u4#fl it is Feeprd d with the King
('oust. .r er's eCAe., it in the -espensihility e f the appliennt to r.eeeF the appreyeA
vuaaaJ uoo�.aova o vcax..r.
the plafHiifig depaFtfnen4 by the applieant. The
b
eRnStitwe -A transfer E)f title. Separate deeds to this effeet fnust be reeerded with the King
County assessor's efAee and n of subjeet to these«-,..r.ni..«n
Sec. 12.04.460560. Blocks. Blocks shall not be less than three hundred(300) feet
nor more than one thousand five hundred (1,500) feet in length. Where circumstances
warrant, the hearing examiner may require one (1) or more public crosswalks of not less
than six (6) feet in width dedicated to the city to extend entirely across the width of the
block at locations deemed necessary. Such crosswalks shall be paved for their entire width
and length with a permanent surface and shall be adequately lighted. Blocks shall be wide
enough to allow two (2) tiers of lots, except where fronting on major streets or prevented
by topographical conditions or size of the property, in which case the hearing examiner
may approve a single tier.
Sec. 12.04.565. Lots. Insofar as practical, side lot lines shall be at right angles
to street lines or radial to curved street lines. Each lot must front upon a public street or
road. The size, shape, and orientation of lots shall meet the minimum area and width
requirements of the applicable zoning classification and shall be appropriate for the type
of development and use contemplated. Comer lots may be required to be platted with
additional width to allow for the additional side yard requirements. Lots which are
bordered by two (2) more or less parallel streets shall be permitted access to only one (1)
of those streets. All lot comers at intersections of dedicated public rights-of-way shall
have a minimum radii of fifteen (15) feet.
84 Subdivision Code— Ch. 12.04 KCC
See. 12.04.570. Other improvements.
A. Monuments. Concrete permanent control monuments shall be established at each
and every controlling corner of the subdivision. Interior monuments shall be located as
determined by the engineering department. All surveys shall be of second degree accuracy.
The use of state plane coordinates is encouraged. All other lot comers shall be marked
with suitable metal or wood markers.
B. Street signs. The subdivider shall reimburse the city on the cost of the public
street name signs and installation necessary in the subdivision. The subdivider at his cost
shall install street name signs on all private streets in the subdivision.
C. Hillside subdivisions. A hillside subdivision is a subdivision in which any lot in
the subdivision has average slopes greater than fifteen(15)percent and in which any street
in the subdivision has grades greater than seven (7) percent at any point. Additional
regulations shall be placed on hillside subdivisions in order to protect the unique
environment and to deal with additional drainage and erosion problems present in such
areas. The following standards shall apply to hillside subdivisions in addition to the
regulations of KCC 12.04.545 through 12.04.570(A) and (B) which shall apply unless
specifically excepted:
1. Information concerning the soils, geology, drainage patterns and
vegetation shall be presented in order to determine if the subdivision can be safely
developed.
2. Detailed plans for any proposed cut and fill operations shall be submitted.
These plans shall include the angle of slope, contours, compaction, and retaining walls.
3. Streets may have a grade exceeding fifteen (15) percent and street widths
may be less than those required in KCC 12.04.545(C)(6) and (7)(i) if it is found that
traffic generated will be less than in a nonhillside subdivision.
4. Lots may be required to be larger than minimum lot sizes required by KCC
Title 15, Zoning. Generally, lots in steeper areas of the subdivision should be larger than
those in less steep areas of the subdivision.
85 Subdivision Code— Ch. 12.04 KCC
5. Any clearing or grades shall be accompanied by erosion control measures
as deemed necessary by the engineering department.
Sec. 12.04.575. Zero lot line tvpe II short subdivisions.
A. Zero lot line subdivisions shall be subject to the development standards outlined
in KCC Title 15. These standards include minimum lot size, width, depth, etc.
B. The following standards shall apply to zero lot line subdivision. In addition, the
regulation of KCC 12.04.545 through 12.04.570 shall apply unless specifically excepted:
1. Streets, curbs and sidewalks.
a. Public streets. In certain areas, due to existing or planned
circulation systems, it may be necessary for the city to require public rights-of-way to be
provided within the development. When the provision of such rights-of-way is necessary,
the right-of-way width, paving width, and other standards shall be the same as would
otherwise be required. The perimeter buffering requirement shall be applied along these
rights-of-way.
b. Nonpublic streets. Ownership of private streets not open to public
circulation shall remain with a homeowners' association and shall be their responsibility
to maintain. These streets shall have asphaltic or concrete surface, and concrete or asphalt
curbing shall be rovided along both sides of all streets except where curb cuts are
necessary for driveways. The minimum paving width for all collector streets within the
zero lot line development shall be twenty-four(24) feet. The minimum paving width for
all residential access streets shall be twenty(20) feet. A four(4) foot wide sidewalk shall
be provided on one (1) side of the street, as a minimum. However, a sidewalk is not
required on limited access streets serving two (2) or less dwellings. In addition, guest
parking shall be provided at a rate of 0.5 guest parking spaces per dwelling unit beyond
the normal parking provided at the dwelling.
2. Installation of utilities. All utilities designed to serve the development shall
be placed underground. Any utilities located in a planting strip shall be placed in such a
manner and depth to permit the planting of trees. Those utilities to be located beneath
86 Subdivision Code— Ch. 12.04 KCC
paved surfaces shall be installed including all service connections, as approved by the
public works department Such installation shall be completed and approved prior to the
application of any surface material Easements maybe required for the maintenance and
operation of utilities as specified by the engineering department.
a. Sanitary sewers. Sanitary sewers shall be provided at no cost to the
city and designed in accordance with city standards.
b. Storm drainage. An adequate drainage system shall be provided for
the proper drainage of all surface water. Cross drains shall be provided to accommodate
all natural water flow and shall be of sufficient length to permit full-width roadway and
required slopes The size openings to be provided shall be determined by Talbot's
formula but in no case shall be less than twelve (12) inches. All mobile home parts must
comply with city drainage ordinances.
c. Water system The water distribution system including the location
of fire hydrants shall be designed and installed in accordance with city standards as
defined by the engineering and fire department ordinances and requirements.
d. Electrical hook-ups. All electrical hookups shall comply with the
National Electrical Code. Permits shall be obtained from the State Electrical Inspection
Division.
Sec. 12.04.490580. Parks and open space requirements.
A. Approval of all subdivisions located in either single-family residential or
multifamily residential zones as defined in KCC Title 15, Zoning, shall be contingent
upon the subdivider's dedication of land or providing fees in lieu of dedication to the city,
as necessary to mitigate the adverse effects of development upon the existing park and
recreation service levels. This requirement shall not apply to lots of forty-three thousand
five hundred (43,500) square feet or larger in size, planned unit developments or
subdivisions of four (4) or less lots.
87 Subdivision Code— Ch. 12.04 KCC
B. The following criteria shall serve as a basis for the department of parks and
recreation determination whether land proposed for dedication is of sufficient size,
character and quality:
1. The proposed area for dedication may be located either within or without
the subdivision for which it is required, but must either be adjacent to an existing or
proposed city park site or within the same park service area in which the subdivision is
located or within one (1) mile of the subdivision for which it is required.
2. The proposed area for dedication shall have characteristics and location
which make it suitable for future inclusion into the city parks system, as determined by
the director of parks and recreation.
3. With the approval of the planning department, the proposed area for
dedication or portion thereof may contain valuable or sensitive environmental features,
preservation of which is consistent with the city's comprehensive plan and/or parks and
recreation plan.
4. The proposed area for dedication shall, in the determination of the parks
director, further one (1) or more comprehensive plan policies dealing with the open space
element, steep slopes as open space, wetlands as open space, agricultural lands as open
space, wildlife habitat as open space and heritage sites as open space.
5. All lots within the subdivision for which dedication is required shall have
legal and convenient access to the proposed area, at the time of final plat approval.
6. The area proposed by the subdivider for dedication must consist of an area
that is equal or greater in size than the size computed as necessary by the department of
parks and recreation using the formula described in subsection (C) of this section.
7. The area of proposed dedication shall have a street frontage equal to at
least twenty(20) percent of its perimeter to allow for regular observation of play areas by
residents of the subdivision. Alternative design measures that accomplish the same
purpose of security may be approved by the city.
8. The topography, soils, hydrography and other physical characteristics of
the area.proposed for dedication shall be of such quality as to allow the development of
88 Subdivision Code— Ch. 12.04 KCC
community or neighborhood parks, or to create a flat, dry, obstacle-free space on at least
fifty (50) percent of the total required area in a configuration which allows for active
recreation; shall have no known safety hazards; and shall have no known physical
problems such as the presence of hazardous waste, drainage, erosion, or flooding that the
director determines would cause inordinate demands upon public resources for
maintenance and operation of the property to be dedicated to the city.
9. If it is determined that the public interest would be served, the land may
be conveyed to a homeowners' nonprofit maintenance corporation. In this instance, the
subdivider shall, at or prior to the time of filing a final plat for approval, supply the
planning department with copies of the articles of incorporation and bylaws of the grantee
organization, together with evidence of the conveyance or of a binding commitment to
convey. The articles of incorporation shall provide that membership in the corporation
shall be conditioned upon ownership of land in the subdivision that the corporation is
empowered to assess the land for costs of construction and maintenance of the
improvements and property owned by the corporation, and that the assessment shall be
a lien upon the land. The city attorney shall review and approve the articles of
incorporation and bylaws as to compliance with this provision. The city council may
impose other conditions as it deems appropriate to assure that property and improvements
owned by the corporation will be adequately constructed and maintained.
C. Subdividers who dedicate open space or park land pursuant to this section shall
dedicate five (5) percent of the total property being subdivided. Unless a subdivider
dedicates land in accordance with this section in order to mitigate the direct impacts
identified as a consequence of the proposed development, the city's final approval of the
subdivision shall be contingent upon payment of a park development fee from the
subdivider to the city. The fee in lieu of land dedication for parks and open space shall be
determined by multiplying the following two (2) factors:
l. One hundred fifty(150)percent of the average assessed value per unit area
of land within the boundaries of the subdivision; and
89 Subdivision Code— Ch. IZ 04 KCC
2. The gross land area within the subdivision multiplied by five (5) percent
as set forth in subsection(C) above. The average assessed value shall be that for the year
in which the subdivision is granted preliminary plat approval. Computations shall be
based upon King County assessor information.
The fee in lieu of dedication shall be held in a reserve account at the city, and may
only be expended to fund a capital improvement that has been agreed upon by the parties
to mitigate the identified, direct impact of the development. The payment shall be
expended in all cases within five (5) years of collection.
D. When approval of a subdivision is conditioned upon the dedication of land or the
payment of any fees in lieu of dedication, a final plat or short plat shall not be recorded
until:
1. The director of parks and recreation has determined in writing that any land
to be dedicated is shown on the face of the final plat e short subdivision final plat, or a
deed conveying the land to the city has been recorded with the King County department
of records and elections.
2. Conveyance of land to a homeowners' association shall be done within the
time frames specified in subsection (B)(9) above.
3. The instrument conveying the land to the city has been transmitted to the
city council for acceptance of the dedication by ordinance.
4. Payment of any fees in lieu of dedication have been made to the city
finance department.
E. Any payment of fees made pursuant to this section that have not been expended
within five (5) years of collection shall be refunded with interest at the rate applied to
judgments to the property owners of record at the time of the refund. if the payment is not
expended within five (5) years due to delay attributable to the developer, the payment
shall be refunded without interest.
F. Appeals of dedication requirements or fees in lieu of dedication imposed pursuant
to this section shall be governed by the provisions of Ch. 2.32 KCC.
90 Subdivision Code— Ch. 12.04 KCC
s
Sec. 12.04.585. Design standards for industrial and commercial plats.
A. The division of land for industrial and commercial purposes shall conform to the
requirements and minimum standards of residential design except as provided in this
section.
B. The street widths shall be as follows:
Ri¢ht-of-wav Pavement
width in feet width in feet
Industrial Arterial 90 60
Industrial Collector 80 44
Industrial Access 60 36
Commercial Streets 60 36
Alleys 20
The city may require that street widths in commercial subdivisions be increased
to provide for traffic movement and to reduce or eliminate traffic congestion.
C. All industrial arterial (ninety(90) foot right-of-way), industrial collectors (eighty
(80) foot right-of-way), and commercial streets (sixty(60) foot right-of-way) shall have
sidewalks a minimum of five (5) feet in width, on both sides. All industrial and
commercial access streets which are also through streets shall have sidewalks a minimum
of five (5) feet in width, on one (1) side.
D. All lot comers at intersections of dedicated public rights-of-way shall have a
minimum radii of twenty-five (25) feet.
E. If railroad tracks are to be installed in a subdivision, such tracks and their route
shall be shown on the face of the preliminary plat.
F. Blocks shall not be less than six hundred (600) feet or more than two thousand
(2,000) feet in length. Blocks should be not less than three hundred (300) feet in width,
except where fronting on major streets or prevented by topographical conditions or size
91 Subdivision Code Ch. 12.04 ACC
of the property, in which case the land use hearing examiner may approve a lesser width. '
Blocks should not be greater than one thousand(1,000) feet in width.
G. Lots. Lots are optional in industrial and commercial subdivisions. The size, shame
and orientation of lots shall meet the minimum area and width requirements of the
applicable zoning classification and shall be appropriate for the type of development and
use contemplated. However, if lots for individual sale or lease are created, they shall
conform to the following criteria:
1. Insofar as practical, side lot lines shall be at right angles to street lines or
radial to curved street lines.
2. Comer lots may be required to be platted wider than interior lots as
determined by the planning department.
III. Subdivisions
Sec. 12.04.600. Purpose of subdivisions. The procedures regulating subdivisions
are established to ensure quality development which promotes orderly and efficient
growth, the conservation and proper use of land:protects the public health, safety, general
welfare, and aesthetics of the city; makes adequate provisions for public facilities in
conformance with provisions set forth in KCC Title 15, Zoning, and the Kent
Comprehensive Plan; and complies with the provisions of this chapter and RCW 58.17.
Sec. 12.04.300605. SCOpe•
A. Any land being divided into ten (10) or more parcels, lots, tracts, sites, or
subdivision, any one (1) of which is less than twenty(20) acres in size5;or
B. Aany land which has been previously divided under the short subdivision
procedures within the preceding five (5) years;;or
C. Aany land which is held in common ownership with a contiguous parcel divided
under the short subdivision procedures within the preceding five (5)years shall conform
to the procedures and requirements of section 12.04.34-0615 et seq.
92 Subdivision Code— Ch. 12.04 KCC
Sec. 12.04.610. Preliminary consultation with staff. Any person who desires
to subdivide land in the city should consult with the planning department at an early date
on an informal basis in order to become familiar with the requirements of this chapter.
The department of public works should be consulted at this time for advice and assistance
in understanding the engineering requirements of this chapter and the construction
standards of the city.
Sec. 12.04.615. Application procedures. An application for a subdivision
consists of six (6) separate steps as follows:
1. Preparation of the tentative plat of the proposed subdivision and
submission of the tentative plat application to the planning department;
2. Review of the tentative subdivision plat by the city and convene a meeting
with the city resulting in the issuance of a tentative subdivision letter:
3. Preparation and submission of the preliminary plat of the proposed
subdivision to the land use hearing examiner for public hearing and decision;
4. Installation or bonding of improvements according to the approved
preliminary plat requirements and satisfaction of all plat conditions•
5. Submission of the final plat to the city council for approval;
6. Recordation of the approved final plat in the office of the King County
department of records and elections.
Sec. 12.04.620. Subdivision in phases. In a phased subdivision,preliminary plat
approval must be granted for the entire subdivision and must delineate the separate
divisions which are to be developed in increments The preliminary plat approval shall be
conditioned upon completion of the proposed phases in a particular sequence and may
specify a completion date for each phase Final plat approval shall be granted for each
separate phase of the preliminary plat by the city council and any changes at the
preliminary plat stage would require hearing examiner approval
93 Subdivision Code- Ch. I Z 04 KCC
Sec. 12.04.625. Tentative plat review.
A. Applications for a subdivision tentative plat meeting and review shall be filed with
the planning department. A tentative plat meeting and review shall be considered
equivalent to a pre-application meeting for the purposes of meeting the requirements of
KCC 12 01.080. The scale and information required for a tentative plat and number of
copies to be filed shall be in accordance with the requirements of the planning director.
B. The planning department shall transmit copies of the subdivision tentative plat to
the fire development service public works and parks departments public utility agencies
serving the area and to any other department or agency deemed necessary.
C. A meeting on the subdivision tentative plat shall be held which is attended by the
planning department other city departments which receive copies of the tentative plat and
the subdivider. Any recommendations of the various departments for revision of the
tentative plat should be discussed at such meeting. These recommendations and potential
conditions of approval for the subdivision shall be recorded in writing_ and mailed to the
subdivider by the planning department.
D. The recommendations of the city departments shall be based on whether the
tentative plat is:
1. In conformance with the purpose and regulations of this chapter:
2. In conformance with fire safety regulations;
3. In conformance with City of Kent Construction Standards;
4. In conformance with building code regulations;
5. In conformance with the appropriate street standards and the circulation
pattern established or proposed for the area that the subdivision will be developed in,•
6. In conformance with sewer, water and other utility plans for the area•
7. Not detrimental to its surroundings
E If the subdivision tentative plat is recommended to proceed as presented or as
modified in accordance with the written suggestions made by the city, the applicant shall
proceed to the preliminary plat stage If not recommended to proceed a preliminary plat
94 Subdivision Code— Ch. 12.04 KCC
may still be submitted to the hearing examiner. However, it is likely that the same
obiections and problems will arise at that stage.
F. If changes are made to a subdivision which has already received tentative plat
recommendations and potential conditions the planning department shall compare the
subdivision tentative plat and the proposed preliminary plat and shall make a
determination whether the preliminary plat requires additional tentative plat review. A
new tentative plat review and meeting may be required if the preliminary plat is not
substantially similar to the tentative plat reviewed by the city. The determination of the
necessity for another tentative plat meeting shall be based on the following considerations:
1. The degree of commonality between the two (2) olans (i.e., the preliminary
plat is a refinement of the tentative plat, or is a completely new plat for the same
property); and
2. The presence or absence of revisions present in the preliminary plat
resulting from concerns or recommendations raised at the tentative plat meeting.
Sec. 12.04.3M630. Subdivision pPreliminary plat application.
A. Application for a subdivision preliminary plat shall be filed with the planning
department on the forms provided and in the number of copies prescribed by the planning
department. at .east thiAy five (35) days to the hearing before the heafiftg examiner-
at which :t is to be ., n7AeFed T. e!NA a (12) .. E)f the prelimiiiai-7y plat shall be
The preliminary plat shall be prepared by a land surveyor registered in
accordance with the requirements of RCW 18.43.010. Application fees,which are on file
in the city clerk's office and the planning department, shall be paid. A view stag
adequate to she-A, the leeatien ef the plat shall be filed with the ......1:e tie and
subdivision preliminafy plat.
B. Unless an applicant for preliminary plat approval requests otherwise, a preliminary
plat shall be processed simultaneously with applications for rezones, variances,planned
unit developments, site plan approvals, and similar quasi-judicial or administrative actions
95 Subdivision Code— Ch. 12.04 KCC
to the extent that procedural reouirements applicable to these actions Permit simultaneous
processing.
CB. The subdivision preliminary plat shall include:
1. The subdivision name and number,the name and address of the owner, and
the name and address of the licensed land surveyor and the subdivision engineer;
2. The date of preparation, the true north point, a graphic scale and legal
description of the property to be subdivided and drawn to an appropriate eagiaeefin
(decimal) scale;
3. The location of existing and proposed platted property lines, and existing
section lines, streets,buildings, water courses, railroads, bridges, and any recorded public
or private utility or roadway easements, both on the land to be subdivided and on the
adjoining lands (laic-that abuts the proposed subdivision), to for a distance of one
hundred (100) feet from the edge of the subject property;
4. Contours and/or elevations(at a minimum five-foot intervals)to the extent
necessary to accurately predict drainage characteristics of the property. Contour lines shall
be extended at least one hundred(100) feet beyond the boundaries of the proposed plat;
5. The names, locations, widths and other dimensions of proposed streets,
alleys, easements, parks and other open spaces, reservations and utilities;
6. How the proposed subdivision will be served by utilities and the location
of water and sewer lines.
76. Indieatiens ef The acreage of land to be subdivided; the number of lots;
the area of the smallest all lots and the approximate square footage and approximate
percent of total acreage in open space;
8-7. The approximate dimensions of each lot;
98. A statement of soil type, drainage conditions, present landscaping
including a description of any natural or manmade land cover, wildlife present and any
other environmental factors which may be prescribed by the planning department.
10. All existing structures and distances from any existing and proposed lot
lines within or abutting the subdivision within a distance of 50 feet.
96 Subdivision Code— Ch. I Z 04 ACC
d.
11. Monumentation of all exterior corners and streets and be surveyed by a
land surveyor licensed in the state.
12. Provisions for sidewalks and other planning features that assure safe
walking conditions for students who walk to and from school, users of public transit and
other pedestrians.
13. All of the information requested on the application form by the planning
director.
Sec. 12.04.635. Principles of acceptability. No subdivision shall be approved
unless the following principles of acceptability are met the subdivision shall:
1. Create legal building sites which comply with all provisions of title 15,
zoning, and health regulations;
2. Establish access to a public road for each segregated parcel;
3. Have suitable physical characteristics; a proposed plat may be denied
because of flood inundation or wetland conditions; slope, soil stability and/or capabilities;
or the construction of protective improvements may be required as a condition of
approval;
4. If adjacent to another municipality or King County, take into consideration
the subdivision standards of that jurisdiction as well as the requirements of this chapter;
5. Make adequate provision for stormwater detention drainageways, water
supplies sanitary wastes and other public utilities and services, as deemed necessary.
6. Make adequate provision for the connectivity of streets, alleys,pedestrian
accessways and other public ways.
12.04.640. Determination of completeness. Within twenty-eight (28) calendar
days after receiving a subdivision preliminary plat application the planning department
shall mail or personally provide to the applicant a written determination of completeness
which states either that the application is complete or incomplete If incomplete,the letter
shall identify what information is required to make the application complete. The letter
97 Subdivision Code- Ch. 12.04 KCC
shall also identify, to the extent known by the city, other agencies with jurisdiction over
the subdivision application. If the city determines that an application is not complete, the
applicant shall have up to ninety(90) calendar days to submit the necessary information
to the city. If the applicant either refuses in writing to submit additional information or
does not submit the required information within the ninety 90) calendar day period, the
application shall lapse because of a lack of information necessary to complete the review.
Within fourteen (14) calendar days after an applicant has submitted the requested
additional information,the city shall again make the completeness determination and shall
notify the applicant in the same manner.
If the subdivision application is determined to be complete, the planning
department shall accept the application and note the date of acceptance. The time period
for review of the proposed subdivision begins following the determination of a complete
application and acceptance of the application by the city. If the city does not provide a
written determination to the applicant that the application is incomplete, the application
shall be deemed complete at the end of the twenty-eight (28) day completeness review
period.
'
12.04.645. Vesting. A proposed division of land shall be considered under the
requirements of this chapter and the zoning and other land use regulations in effect on the
land at the time that a subdivision preliminary plat application as defined in KCC Ch.
12.04, has been determined to be complete and has been accepted by the city of Kent,
pursuant to KCC Chapter 12.04.640.
12.04.650. Notice of application. A notice of application shall be issued for
subdivision applications within fourteen (14) calendar days after the city has made a
determination of completeness, and at least fifteen (15) calendar days prior to the public
hearing. The tentative date of the public hearing shall be listed on the notice of
application and the notice of application shall be mailed, published and posted on the
same day, in the following manner:
98 Subdivision Code— Ch. 12.04 KCC
1. The city shall publish the notice of application in a newspaper of general
circulation within the city.
2. The city shall post the notice of application on the public notice board(s)
placed on the property and shall also post the notice of application at Kent city hall and
in the register for public review at the planning department office.
3. The city shall mail or send the notice of application to all agencies with
jurisdiction, city departments, and to any person who requests such notice in writing.
4. One notice of application shall be done for all permit applications related
to the same project at the time of the earliest complete proiect permit application.
Sec. 12.04.340655. Referral of subdivision preliminary plat to ono othe;- eity
depar-tmeats. Upon determination of completeness of an application for a subdivision,
the planning department shall distribute copies of the plat and the application materials
for review and comment to all city departments with iursdiction over the subdivision
application and to any other department or agency deemed necessary. The application
materials shall be transmitted at least fifteen (15) calendar days prior to the public hearing.
A The planning depai:tRie«t ,.l...11 disc chute.
A.
im f the li t t to the aepaFt,,ent f
1. Ells ��� Ecpi'cS-Ernxc subdivisionPioriimixm�7'=pR�co-iaxcacpcacznu�cv
Publie wedEs;
�. One (1) „ yto the health ,. .
4. One (1) eepy to the fire ;
�. liB{1}EEFj te c&ch ofZta„=ihlnie=utility-@�.nEics 3cim6-th�i'c8-urnix ohn
the ....h.i:.,:..:..« is to he .. «..t.aete.1
B. Eaeb d.,i.a..°"E.+ ere or- ageney may file ieeen-Anendaciens with the plannin6
department within ten (10) days of reeeipt of the subdivision prel:«. pl.,t er :f ..
u..ruc u.+vau within waa �a v�-a
they ffia)
e
present♦he:f re. eminendatien ,.t that time
99 Subdivision Code— Ch. 12.04 KCC
Sec. 12.04.660. Notification of agencies.
A. The city shall mail a notice of application to all agencies with jurisdiction over the
subdivision application. Such notice shall include the tentative date, time and location of
the public hearing and a description of the propeqy to be platted. A copy of the plat and
the application materials shall be provided to agencies as deemed necessary or if requested
by the agency.
B. Notice of application for a preliminary plat of a proposed subdivision adjacent to
or within one (1) mile of the city boundaries or which contemplates the use of King
Counts or any other ciWs or town's utilities, shall be given to the appropriate county,city
or town authorities.
C. Notice of application for a preliminary plat of a proposed subdivision located
adjacent to the right-of-way of a state highway or within two (2)miles of the boundary of
a state or municipal aimort shall be given to the Secretary of Transportation. The
Secretary shall respond to the city within fifteen 05) days of such notice as to the effect
that the proposed subdivision will have on the state highway or the state or municipal
airport Such notice shall include the hour and location of the hearing a legal description
of the property to be platted and a location map.
Sec. 12.04.665. Public notice.
A. The applicant shall place at least one public notice board on the property to be
subdivided. The public notice board must be placed on the property as directed by the
Planning department, and no later than fourteen (14) days after a determination of
completeness. If the property to be subdivided is located adiacent to more than one public
street or has more than one potential access route, one public notice board shall be placed
on the property adjacent to each public street or potential access route.
B. The notice of the public hearing shall be mailed,published and posted on the same
day, not less than ten (10) days prior to the hearing date.
C. The city shall post the notice of public hearing on the public notice board(s)on the
property.
100 Subdivision Code-Ch. I2.04%CC
a The city shall publish the notice of public hearing in a newspaper of general
circulation within the city and in a newspaper of general circulation within the county.
E. The city shall mail a notice of public hearing to the applicant, any person who
submits written comments on an application and all owners of real property as shown by
the records of the county assessor's office within three hundred (300) feet of any portion
of the boundary of the proposed subdivision. If the owner of the real property proposed
to be subdivided also owns another parcel or parcels of real property, which lie adjacent
to the real property proposed to be subdivided, notice shall be mailed to all owners of real
property located within three hundred (300) feet of such adjacently owned parcels.
Sec. 12.04.670. Public comment.
A. Affected agencies and the public shall have a fourteen (14) calendar day period to
comment on a notice of application. An agency is presumed to have no comments if
comments are not received within the specified time period. The planning director may
grant an extension of time only if the application involves unusual circumstances. Anv
extension shall not be granted for a period longer than three (3) additional calendar days.
days. The public may make written response to the proposed subdivision application
within the comment period.
B. The fourteen (14) day public comment period begins on the date the notice of
application is mailed, posted and published. The planning department must receive all
public comments by 4:30 p.m. on the last day of the comment period. Comments may be
mailed, personally delivered or sent by facsimile. Comments should be as specific as
possible. The hearing examiner shall not take action on a subdivision application until
after the comment period has passed.
Sec. 12.04.675. Agency recommendations. At the time of the preliminary
subdivision plat application, written recommendations for approval or disapproval must
be submitted from the health agencies responsible for approval of the proposed means of
sewage disposal and/or water supply regarding the general adequacy of the proposed
101 Subdivision Code— Ch. lZO4 ACC
means of sewage disposal and/or water supply. The applicant is responsible for
submitting the appropriate application forms to the Seattle-King County health department
and for paving the health department review fee.
Sec. 12.04.3"680. 14en..^ez Public hearing on subdivision
preliminary plat.
A. The hearing examiner shall hold an open record public hearing on any subdivision
preliminary plat and render a deeisien based en vT-44en findings and eeffelusiens. The
within one hundred (100) calendar days of
the planning department's determination of a complete application and acceptance of the
application in compliance with KCC 12.01.100.
B. Netiee of the publie hearing shall be given in ,.......�.i.,....e ...:tl, KCC
a
record of the public hearing shall be kept by the city and shall be open
to public inspection.
Sec. 12.04.685. Approval criteria. '
A. A proposed subdivision and dedication shall not be approved unless the city finds
that:
1. Appropriate provisions have been made for:
I the public health, safety and general welfare of the community;
b. protection of environmentally sensitive lands and habitat;
c. open spaces;
d. community parks and recreation;
e. neighborhood tot lots and play areas;
f. schools and school wounds;
g_ drainageways;
It. stormwater detention;
102 Subdivision Code— Ch. 12.04 KCC
i. sidewalks, pedestrian pathways, and other planning features that
assure safe walking conditions for residents and students who walk to and from school,
parks, transit stops and other neighborhood services;
J. connectivity of streets or roads, alleys,pedestrian accessways, and
other public ways within and between subdivisions and neighborhoods;
k. transit stops;
1. potable water supplies;
M. sanitary wastes;
n. other public utilities and services, as deemed necessary; and
2. The city has considered all other relevant facts: and
3. The public use and interest will be served by the platting of such
subdivision and dedication.
4. The city has considered the physical characteristics of a proposed
subdivision site and may deny a proposed plat because of flood, inundation, or wetland
conditions; slope, or soil stability and/or capabilities. Construction of protective
improvements may be required as a condition of approval, and such improvements shall
be noted on the final plat.
B. Dedication of land to any public body,provision of public improvements to serve
the subdivision, and/or the imposition of impact fees may be required as a condition of
subdivision approval. Dedications shall be clearly shown on the final plat. No dedication,
provision of public improvements, or impact fees shall be allowed that constitutes an
unconstitutional taking of private property. The city shall not require a release from
damages to be procured from other property owners as a condition of approval for any
subdivision.
See. 12.04.690. Decision on preliminary plat.
A. The hearing examiner may approve, approve with modifications and conditions,
or deny the application for a subdivision.
103 Subdivision Code— Ch. 12.04 KCC
B. The final decision of the hearing examiner shall be rendered within ten (10)
working days following the conclusion of all testimony and hearings, unless a longer
Period is mutually agreed to on the record by the applicant and the hearing examiner.
C. The city shall provide a written notice of decision by the hearing examiner. The
notice of decision shall be provided to the parties of record and to any person who
requested notice of the decision prior to the decision and shall include findings and
conclusions, based on the record and approval criteria, to support the decision.
D. A party of record may make a written request for reconsideration of the decision
by the hearing examiner within five (5)working days of the date the decision is rendered,
pursuant to the requirements of KCC 12.01.160(n. A request for reconsideration
temporarily suspends the appeal deadline. Reconsideration requests shall be answered in
writing by the hearing examiner within five (5)working days of the request. If a request
for reconsideration is denied,the appeal deadline of the hearing examiner's decision shall
recommence for the remaining number of days. If a request for reconsideration is
accepted, the hearing examiner's decision is not final until after a decision on
reconsideration is issued.
See. 12.04.3N695. City council closed record appeal. The decision of the
hearing examiner shall be final, unless an appeal is made by a party of record to the city
council within fourteen(14) calendar days following the issuance of the notice of decision
and in accordance with the requirements of KCC 12.01.190. The appeal shall be in writing
and shall be processed pursuant to Ch. 2.32 KCC. The appeal shall be heard by the city
council in a closed record appeal hearing. No new evidence may be presented. The
decision of the city council shall represent final action of the city and is appealable only
to superior court.
104 Subdivision Code— Ch. 12.04 KCC
Sec. 12.04.700. Appeal to superior court. The decision of the city council is
final, unless appealed to the superior court. Such an appeal must be filed with the superior
court within twenty-one (21) calendar days from the date the decision was issued.
Sec. 12.04.30705. Subdivision preliminary plat expiration.
A. Subdivision preliminary plat approval shall lapse five (5) years from the date of
approval unless a final plat based on the preliminary plat, or any phase thereof, is
submitted within five (5) years from the date of subdivision preliminary plat approval.
One (1) one-year extension shall be granted to an applicant who files a written request
with the ei y� planning department at least thirty(30) calendar days before the
expiration of the five (5) year period, if the applicant can show that he has attempted in
good faith to submit the final plat within the five (5) year period.
B. Additional time extensions beyond the one (1) year period may be granted by the
planning director if the applicant can show unusual circumstances or situations which
make it impossible to file the final plat within the six (6) year period. The applicant must
file a written request with the ei aH planning department for this additional time
extension. The request must be filed at least thirty (30) calendar days prior to the
subdivision preliminary plat expiration date. The request must include documentation as
to the need for the additional time. Additional time extensions shall not be granted in net
greater than one-year increments.
C. In the case of a phased subdivision, final plat approval by the city council of any
phase of the subdivision preliminary plat will constitute an automatic one (1) year
extension for the filing of the next phase of the subdivision.
See. 12.04.710. Property annexed to city witb preliminary plat approval from
Vint! County.
A. In instances where property annexed to the city has received subdivision
preliminary plat approval from King County prior to annexation, the planning department,
department of public works, fire department and building department shall review the plat.
105 Subdivision Code— Ch. 12.04 KCC
City plan check review and inspections shall be subject to fees, which are on file in the
city clerk's office.
B. The density, lot size and dimensions, and the provisions made for open space,
drainage ways, streets, alleys, public ways, water, sanitary wastes, parks, playgrounds,
sites for schools and school grounds, and those conditions of approval imposed by King
County need not comply with the requirements of KCC Title 15, Zoning or the Kent
Construction Standards. These plats are to be developed in accordance with county
standards in effect at the time of vesting of the preliminary plat in the county.
C. The preliminary plat shall comply with the King County regulations pertaining to
expiration of the preliminary plat that were in effect on the date the application vested.
The date of approval will be that date on which King County approved the preliminary
plat.
D. The procedures for subdivision final plats shall be those county procedures and
regulations in effect at the time of vestingof f the preliminaryplat application in the county.
Sec. 12.04.715. Installation of improvements or bonding in lieu of
improvements,
A. The following tangible improvements may be required before a subdivision final
plat is submitted:
1. Grading and paving of streets and alleys;
2. Installation of curbs, gutters, sidewalks, monuments, sanitary and storm
sewers street lights water mains and street name signs, together with all appurtenances
thereto.
All improvements are to be made pursuant to specifications and standards of this
Code approved by the department of public works and in accordance with standards of
the city.
B. The engineering department shall be responsible for the supervision, inspection
and acceptance of all subdivision improvements and shall charge the subdivider a fee that
106 Subdivision Code— Ch. 12.04 KCC
has been assessed in accordance with Ordinance No. 3490 as enacted or as subsequently
amended.
C. Prior to proceeding with subdivision improvements, the subdivider shall make
application for such permits from the city as are necessary. The applicant is also
responsible for complying with all permit requirements of other federal, state and local
agencies.
D. No final plat shall be submitted to the city council until all improvements are
constructed in a satisfactory manner and approved by the responsible departments or a
bond approved by the city has been posted for deferred improvements. If a developer
wishes to defer certain on-site improvements, written application shall be made to the
engineering and planning departments stating the reasons why such delay is necessary. If
the deferment is approved, the developer shall furnish a performance bond to the city in
an amount equal to a minimum of one hundred fifty 0 50) percent of the estimated cost
of the required improvements. The decision of the city engineer and planning director as
to the amount of such bond shall be conclusive. Such bond shall list the exact work that
shall be performed by the applicant and shall specify that all of the deferred improvements
be completed within the time established by the engineering department. If no time is
established then the time period shall not be longer than one (1) year after approval of the
final plat by the city council. The bond shall be held by the engineering department's bond
and permit specialist The developer may substitute a certified or cashier's check or
assignment of funds in lieu of a performance bond Such check or assignment shall be
made payable to the city of Kent and shall be in the same amount as the bond it is
substituting.
E. The city reserves the right, in addition to all other remedies available to it by law,
to proceed against such bond or other payment in lieu thereof. In case of any suit or action
to enforce any provisions of this chapter, the developer shall pay the city all costs
incidental to such litigation including reasonable attomey's fees. The applicant shall enter
into an agreement with the city requiring payment of such attomey's fees. The requirement
107 Subdivision Code— Ch. 12.04 ACC
of the posting of any performance bond or other security shall be binding on the applicant, ^
his heirs, successors and assigns.
F. The engineering department shall notify the planning department verifying that the
developer has completed the required installations and/or bonding in accordance with the
provisions of this chapter and the specifications and standards of the departments. The
planning department shall notify the developer advising him to proceed with preparation
of a final plat when the required improvements have been installed and approved or
adequate security has been posted as provided in subsection D of this section.
Sec. 12.04.720. Filing the subdivision final plat.
A. An application for a subdivision final plat shall be filed with the planning
department on the forms provided and in the number of copies prescribed by the planning
department. The final plat shall be prepared by a land surveyor registered in accordance
with the requirements of Chapter 18.43 RCW, and shall conform to the preliminary plat.
Application fees are on file in the city clerk's office and the planning department.
B. The final subdivision plat submitted for filing shall be two (2) reproducible maps
drawn to a scale of not less than one (1) inch representing one hundred (100) feet unless
otherwise approved by the department of engineering and on sheets eighteen (18) by
twenty-two (22) inches. The original drawing shall be in black ink on molar or
photographic molar, and shall:
1. Include the date, title, name and location of the subdivision, graphic scale
and true north point.
2. Show the location of all existing fences and structures in relation to lot
lines within or abutting the subdivision;
3. Show the location of utilities, streets and easements within or abutting
subdivision;
4. Display the lines of all streets and roads, alley lines, lot lines, lot and
blocks numbered in numerical order, reservations, easements, and any areas to be
dedicated to public use, with notes stating their purpose and any limitations.
108 Subdivision Code— Ch. 12.04 KCC
5. Contain data sufficient to determine readily and reproduce on the Around
the location,bearing, and length of every street, easement line, lot line,boundary line and
block line on site.
6. Include dimensions to the nearest one-hundredth of a foot and angles and
bearings in degrees, minutes and seconds.
7. Include Lambert coordinates to the nearest five (5) seconds, or as required
by more stringent state regulations, if provided by the department of public works for
permanent control monuments on the final plat as determined by the city engineering
department's land surveyor.
8. Display all interior permanent control monuments located as determined
by the city engineer's office. All interior monuments shall be installed prior to the release
of any bond.
9. Be mathematically correct.
10. Be accompanied by an approved printed computer plot closure on all lots,
streets, alleys and boundaries.
11. Contain a meets and bounds legal description on the face of the final plat
molar which reflects all ties to subdivision lines, donation claim lines and/or recorded lat
lines. The plat shall be accompanied by a current plat certificate with the identical metes
and bounds legal description of the land to be subdivided on both the title report and fin
molar.
12. Be accompanied by a complete survey of the section in which the plat or
replat is located, or as much thereof as may be necessary to properly orient the plat within
such section or sections. The plat and section survey shall be submitted with complete
field and computation notes showing the original or reestablished comers with
descriptions of the same and the actual traverse showing error of closure and method of
balancing. A sketch showing all distances, angles and calculations required to determine
comers and distances of the plat shall accompany this data. The allowable error of closure
shall not exceed one (1) foot in ten thousand(10,000) feet or as required by more stringent
state regulations.
109 Subdivision Code— Ch. 12.04 KCC
13. List all conditions of approval for the subdivision on the face of the plat.
14. Conform to the approved preliminary plat.
15. Be sieved by the owner of the property on the face of each final plat molar.
16. Include a notarized certificate of the owner, contract purchaser, grantor of
a deed of trust, or other holder of beneficial title to the property being subdivided
indicating that the subdivision is made with free consent and in accordance with their
desires, and if the subdivision is subject to deeding of property, the notarized certificate
shall be signed by all parties having any ownership interest in the lands subdivided. For
purposes of this section, 'ownership interest" shall include legal and equitable property
interests, including, but not limited to, present, future, contingent or whole fee interests,
together with a beneficiary's interest pursuant to a trust and contract interest pursuant to
a specifically enforceable contract for the purchase of the real property;
C. In addition to other requirements as specified in this section, the final plat shall
contain or be accompanied by the following
1. Certification showing that streets, rights-of-way and all sites for public use
have been properly dedicated.
2. Certification by a licensed land surveyor that a survey has been made and
that monuments and stakes will be set.
3. Certification by the responsible health agencies that the methods of sewage
disposal and water service are acceptable.
4. Certification by the engineering department that the subdivider has
complied with either of the following altematives:
a. All improvements have been installed in accordance with the
requirements of these regulations, or
b. Certain improvements have been deferred according to KCC
12.04.715(D), deferred improvements.
5. The subdivider shall fi nm sh the city a current plat certificate or title report
from a title insurance company,produced no more than forty-five (45) calendar days prior
to final plat application, that documents the ownership and title of all interested parties in
110 Subdivision Code— Ch. 12.04 KCC
the plat, subdivision, or dedication and that lists all liens and encumbrances. The legal
description in the title report shall be identical to the meets and bounds legal description
on the face of the plat. The city reserves the right to require updates of the certificate or
title report at any time prior to the granting of the final plat by the city council.
6. Certification by the King County finance department that taxes have been
paid in accordance with RCW 58.08.030 and 58.08.040 and that a deposit has been made
with the King County finance department in sufficient amount to pay the taxes for the
following year.
7. Certification of approval by the City of Kent finance director that there are
no delinquent special assessments and that all special assessments certified to the finance
director for collection on any property herein contained dedicated for streets, alleys or
other public uses are paid in full.
8. Certification of approval to be signed by the city engineer and the planning
director.
9. Certification of approval to be signed by the mayor and the property
manager.
10. Certification of approval to be signed by the King County assessor.
11. Certification of approval to be signed by the King County recorder.
12. Copies of any restrictive covenants as may be used in the subdivision.
D. All subdivision final plats shall be surveyed by a land surveyor licensed in the
state. All exterior corner and/or angle points shall be set with re-bar and cap. The type
of street monuments used shall be in accordance with City of Kent standards and shall be
installed per those same standards. The licensed land surveyor's certification must appear
on the final mylar. Certificates of approval by the mayor, planning director, city engineer,
property manager, finance director, the King County assessor and the King County
recorder must be provided on the final mylar.
E. If any utility companies and/or utility districts have existing easements within the
proposed plat, the plattor or its assigns shall have these easements removed or shall have
their rights subordinated to the City of Kent.
111 Subdivision Code— Ch. 12.04 KCC
F. The final plat shall be submitted to the planning department for review by the city
as to compliance with all terms of the preliminary approval of the proposed subdivision
or dedication; terms of bonding or the completion of all improvements; and completeness
and accuracy of survey data and platting requirements. The planning department shall
distribute the final plat to all departments and agencies receiving the preliminary plat, and
to any other departments utility agencies and other governmental agencies as is deemed
necessary.
G. After the final plat application has been determined to be complete and all of the
plat conditions have been met the plat will be officially accepted and the planning
department shall set a date for a public meeting for the city council to consider the final
plat.
H. Before the final plat is submitted to the city council it shall be signed by the city
engineer and planning director. After the final plat is approved by the city council it shall
be signed by the mayor, the property manager and the finance director. The final plat shall
be filed with the King County auditor by the city.
I. A copy of the recorded plat shall be filed with the planning department and one
set of the original molar shall be filed with the department of public works.
Sec 12 04 725 Decision on subdivision final plat. The city council shall
approve disapprove or return the final plat to the applicant for modification and/or
correction within thirty(30) days of the date of the city's determination of completeness
and acceptance of the final plat application unless the applicant consents to an extension
of such time period.
Sec 12.04.730. Subdivision final plat expiration. If a final plat has not been
submitted for recording within six (6) months after approval by the city council, the plat
shall expire and be null and void To revitalize the expired plat, the plat shall be
resubmitted as a preliminary plat One (1) extension of no longer than six (6)months may
be granted by the city council.
112 Subdivision Code—Ch. 12.04 KCC
Sec. 12.04.735. Procedure for alteration of a subdivision.
A. If an applicant wishes to alter a subdivision or any portion thereof, except as
provided in Section 12.04.740 that person shall submit an application to the planning
department requesting the alteration. The application shall contain the signatures of all
persons having an ownership interest in lots tracts parcels sites or divisions within the
subdivision or in that portion of the subdivision to be altered.
B. If the subdivision is subject to restrictive covenants which were filed at the time
of the approval of the subdivision and the application for alteration would result in the
violation of a covenant the application shall contain an agreement signed by all parties
subiect to the covenants providing that the parties agree to terminate or alter the relevant
covenants to accomplish the pMose of the alteration of the subdivision or portion thereof.
C. If the alteration is requested to a subdivision prior to final plat approval, a minor
alteration may be approved with consent of the planning director and the public works
director. A major plat alteration shall require consent of the hearing examiner, after
public notice and a public hearing is held The planning department shall provide notice
of the application for a major plat alteration to all owners of property within the
subdivision and as was required by the subdivision application. The planning director
shall have the authority to determine whether the proposed alteration constitutes a minor
or major alteration.
D. If the alteration is requested to a subdivision after final plat approval, but prior to
filing the final plat with King County, a plat alteration may be approved with consent of
the city council. Upon receipt of an application for alteration, the planning department
shall provide notice of the application to all owners of property within the subdivision
and as was required by the subdivision plat application. The notice shall establish a date
for a public meeting.
E. The city shall determine the public use and interest in the proposed alteration and
may deny or approve the application for alteration If any land within the alteration is part
of an assessment district any outstanding assessments shall be equitably divided and
113 Subdivision Code- Ch. 12.04 KCC
levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots —
resulting from the alteration. If any land within the alteration contains a dedication to the
general use of persons residing within the subdivision, such land may be altered and
divided equitably between adjacent properties.
F. After approval of the alteration, the city shall order the applicant to produce a
revised drawing of the approved alteration of the subdivision. The final plat shall
accurately reflect the approved alteration and shall be filed with the county auditor to
become the lawful plat of the property, after receiving final plat approval.
G. This section shall not be construed as applying to the alteration or replattin of f any
plat of state-granted tide or shore lands.
Sec. 12.04.740. Procedure for vacation of a subdivision.
A. Whenever an applicant wishes to vacate a subdivision or any portion thereof, that
person shall file an application for vacation with the planning department. The
application shall set forth the reasons for vacation and shall contain signatures of all
parties having an ownership interest in that portion of the subdivision subject to vacation.
B. If the subdivision is subject to restrictive covenants which were filed at the time
of the approval of the subdivision, and the application for vacation would result in the
violation of a covenant, the application shall contain an agreement signed by all parties
subject to the covenants providing that the parties agree to terminate or alter the relevant
covenants to accomplish the purpose of the vacation of the subdivision or portion thereof.
C. When the vacation application is specifically for a city street or road, the
procedures for street vacation in Ch. 6.09, KCC shall be utilized for the street vacation.
When the application is for the vacation of the plat together with the streets or roads, the
procedure for vacation in this section shall be used but vacations of streets may not be
made that are prohibited under state law.
D. The planning department shall give notice to all owners of property within the
subdivision, and within three hundred (300) feet of subdivision boundaries and to all
applicable agencies. The hearing examiner shall conduct a public hearing if the requested
114 Subdivision Code— Ch. 12.04 KCC
vacation does not involve a public dedication. The citv council shall conduct a public
hearing on the application for a vacation if the request involves a public dedication. The
application for vacation of the subdivision may be approved or denied after the city has
determined the public use and interest to be served by the vacation of the subdivision If
any portion of the land contained in the subdivision was dedicated to the public for public
use or benefit, such land, if not deeded to the city, shall be deeded to the city unless the
city council sets forth findings that the public use would not be served in retainingtitle tle to
those lands.
E. Title to the vacated property shall vest with the rightful owner as shown in the
county records. If the vacated land is land that was dedicated to the public, for public use
other than a road or street, and the city council has found that retaining title to the land is
not in the public interest, title thereto shall vest with the person or persons owning the
property on each side thereof, as determined by the city council. When the road or street
that is to be vacated was contained wholly within the subdivision and is part of the
boundary of the subdivision, title to the vacated road or street shall vest with the owner
or owners of property contained within the vacated subdivision.
F. This section shall not be construed as applying to the vacation of any plat of state-
granted tide or shore lands.
Sec. 12.04.745. Standards for the subdivision of land and any dedications.
A. It is the purpose of this subsection to provide for the protection of valuable,
irreplaceable environmental amenities and to make urban development as compatible as
possible with the ecological balance of the area. Goals are to preserve drainage pattems,
protect ground water supply,prevent erosion and to preserve trees and natural vegetation.
This is beneficial to the city in lessening the costs of the development to the city as a
whole, and to the subdivider in creating an attractive and quality environment. Land which
is found to be unsuitable for subdivision includes land with features likely to be harmful
to the safety and general health of the future residents such as land adversely affected by
flooding, bad drainage, steep slopes, rock formations. Land which the city council
115 Subdivision Code— Ch. 12.04 KCC
considers inappropriate for subdivision shall not be subdivided unless adequate methods
are provided as safeguards against these adverse conditions. If any portion of the land
within the boundary of a preliminary plat or approved record of survey is subject to flood,
or inundation, or is in a flood control zone, according to Chapter 86.16 RCW, that portion
of the subdivision shall have the written approval of the State Department of Ecology
before the city council shall hear the final plat. Every reasonable effort shall be made to
preserve existing trees. Every effort shall be made to preserve existing streams,bodies of
water, marshes and bogs. If a stream passes through any of the subject property, a plan
shall be presented which indicates how the stream will be preserved. Methodology should
include an overflow area, and an attempt to minimize the disturbance of the natural
channel and stream bed. The piping or tunneling of water shall be discouraged and
allowed only when going under streets. Every effort shall be made to keep all streams and
bodies of water clear of debris and pollutants.
B. Where residential subdivisions are to be developed adjacent to business,
commercial or industrial land use districts,buffer steps may be provided. No plan for the
replatting, subdivision, or dedication of any areas shall be approved by the city council
unless the streets shown therein are connected by a surfaced road or street according to
city specifications to an existing street or highway. The location of all streets shall
conform to any adopted plans for streets in the city. The proposed street system shall
extend existing streets at the same or greater width, unless otherwise approved by the
engineering department. All proposed street names shall be approved by the cily. Streets
intersecting with existing or proposed public highways, major or secondary arterials shall
be held to a minimum.
C. The alignment of all streets shall be reviewed and approved by the city engineering
department. The following standards shall apply unless otherwise approved by the
engineering department:
1. Where street intersections must be offset, such offsets shall not measure
less than two hundred (200) feet from the centerline to centerline.
2. Residential cul-de-sacs shall not exceed a length of six hundred(600) feet.
116 Subdivision Code— Ch. 1Z04 KCC
3. No street grades shall exceed fifteen (15)percent. A grading permit shall
be required as per Appendix 70 of the Uniform Building Code as adopted in KCC
14.01.010 prior to any grading.
4. A tangent of at least two hundred (200) feet in length shall be provided
between reverse curves for community or major arterials, one hundred fifty(150) feet for
neighborhood collector streets, and one hundred (100) feet for residential access streets.
5. Where a deflection angle of more than ten (10) degrees in the alignment
of a street occurs a curve of reasonably long radius shall be introduced. On streets sixty
(60) feet or more in width the centerline radius of curvature shall be not less than three
hundred (300) feet and on other streets it shall be not less than one hundred (100) feet.
6. All changes in grade shall be connected by vertical curves of a minimum
length of two hundred (200) feet unless specified otherwise by the engineering
department.
7. All streets shall be platted at full width. All street improvements shall be
of full-width improvement Full-width improvement shall consist of the following:
a. All streets roads and alleys shall be graded to their full width and
the pavement and sidewalks shall be constructed to standard cross-sections.
b. All street and alley surfaces shall be of asphalt concrete according
to city specifications.
C. All streets may have permanent concrete curbs and gutters
according to city specifications.
d. All streets shall have storm drains consistingof f the proper size pipe
and catch basins or open ditch which is to be determined at the time of the public hearing
for the preliminary plat Whenever open ditch is allowed no closed drains may be
installed except across an authorized driveway.
L. All primary/major arterials secondary arterials and collector streets
shall have sidewalks with a minimum of five (5) feet width on at least one (1) side.
117 Subdivision Code— Ch. 12.04 KCC
f. All streets shall have street lighting located and installed in
accordance with the determinations and standards of the engineering department. Street
light spacing shall consider the dimensions of adiacent full-grown trees.
& Streets which may be extended in the event of future adiacent
platting may be required to be dedicated to the boundary line. Extensions of greater depth
than an average lot shall be improved with temporary tumarounds. Dedication of a full-
width boundary street may be required in certain instances to facilitate future
development.
h. Any planting strips in residential subdivisions shall be not less than
four(4) feet in width.
i. Street widths vary according to function and traffic generated. The
following minimum widths for the types of streets, as defined in the comprehensive plan,
must be adhered to if full pavement is required:
Ri ht-o - Pavement
way width width
eet eet
Maior Arterial 80 60
Secondary Arterial 70 44
Collector 60 36
Local Street 60 32
Cul-de-Sac 50 28 —32
Where full pavement is not required the right-of-way widths shall
remain the same for the type of street defined in the comprehensive
plan. The improvement may consist of two (2) eleven(11) foot driving
lanes and two (2) eight (8) foot shoulders and two (2) six (6) foot
drainage sections and two (2) five(5) foot potential sidewalk sections.
If a subdivision is located in the area of an officially designed trail,provisions may
be made for reservation of the right-of-way or for easements to the city for trail purposes.
118 Subdivision Code— Ch. 12.04 KCC T
Sec. 12.04.750. Installation of utilities.
A. All utilities designed to serve the subdivision shall be placed underground. Those
utilities to be located in the planting strip shall be placed in such a manner and depth to
permit the planting of trees. Those utilities to be located beneath paved surfaces shall be
installed, including all service connections, as approved by the engineering department.
Such installation shall be completed and approved prior to the application of any surface
material.
B. Unless septic tanks are specifically approved by the city, sanitary sewers shall be
provided at no cost to the city and designed in accordance with city standards.
C. An adequate drainage system shall be provided for the proper drainage of all
surface water. Cross drains shall be provided to accommodate all natural water flow and
shall be of sufficient length to permit full-width roadway and required slopes. The size
openings to be provided shall be determined by Talbot's formula, but in no case shall be
less than twelve (12) inches.
D. The water distribution system including the locations of fire hydrants shall be
designed and installed in accordance with city standards as defined by engineering and fire
department ordinances and requirements.
Sec. 12.04.755. Public use and service areas. Due consideration shall be given
by the subdivider to the allocation on adequately-sized areas for public service usage.
Easements may be required for the maintenance and operation of utilities as specified by
the engineering department. Due regard shall be shown for all natural features such as
large trees, watercourses, historical spots and similar community assets which, if
preserved, will add attractiveness and value to the property.
See. 12.04.760. Blocks. Blocks shall not be less than three hundred (300) feet no
more than one thousand five hundred(1,500) feet in length. Where circumstances warrant,
the hearing examiner may require one (1) or more public crosswalks of not less than six
(6) feet in width dedicated to the city to extend entirely across the width of the block at
119 Subdivision Code— Ch. 12.04 KCC
locations deemed necessary. Such crosswalks shall be paved for their entire width and
length with a permanent surface and shall be adequately lighted. Blocks shall be wide
enough to allow two (2) tiers of lots, except where fronting on major streets or prevented
by topographical conditions or size of the property, in which case the hearing examiner
may approve a single tier.
Sec. 12.04.765. Lots. Insofar as practical, side lot lines shall be at right angles
to street lines or radial to curved street lines. Each lot must front upon a public street or
road. The size, shape, and orientation of lots shall meet the minimum area and width
requirements of the applicable zoning classification and shall be appropriate for the type
of development and use contemplated. Corner lots may be required to be platted with
additional width to allow for the additional side yard requirements. Lots which are
bordered by two (2)more or less parallel streets shall be permitted access to only one (1)
of those streets. All lot comers at intersections of dedicated public rights-of-way shall
have a minimum radii of fifteen (15) feet.
See. 12.04.770. Other improvements.
A. Monuments. Concrete permanent control monuments shall be established at each
and every controlling comer of the subdivision. Interior monuments shall be located as
determined by the engineering department. All surveys shall be of second degree accuracy.
The use of state plane coordinates is encouraged. All other lot corners shall be marked
with suitable metal or wood markers.
B. Street signs. The subdivider shall reimburse the city on the cost of the public
street name signs and installation necessary in the subdivision. The subdivider at his cost
shall install street name signs on all private streets in the subdivision.
C. Hillside subdivisions. A hillside subdivision is a subdivision in which any lot in
the subdivision has average slopes greater than fifteen(15)percent and in which any street
in the subdivision has grades greater than seven (7) percent at any point. Additional
regulations shall be placed on hillside subdivisions in order to protect the unique
120 Subdivision Code— Ch. 12.04 KCC
environment and to deal with additional drainage and erosion problems present in such
areas. The following standards shall apply to hillside subdivisions in addition to the
regulations of KCC 12.04.745 through 12.04.770(A) and (B) which shall apply unless
specifically excepted:
1. Information concerning the soils, geology, drainage pattems, and
vegetation shall be presented in order to determine if the subdivision can be safely
developed.
2. Detailed plans for any proposed cut and fill operations shall be submitted.
These plans shall include the angle of slope, contours, compaction, and retaining walls.
3. Streets may have a grade exceeding fifteen (15) percent and street widths
may be less than those required in KCC 12.04.745(C)(6) and (7)(i) if it is found that
traffic generated will be less than in a nonhillside subdivision.
4. Lots may be required to be larger than minimum lot sizes required by KCC
Title 15, Zoning. Generally, lots in steeper areas of the subdivision should be larger than
those in less steep areas of the subdivision.
5. Any clearing or grading shall be accompanied by erosion control measures
as deemed necessary by the engineering department.
Sec. 12.04.775. Zero lot line subdivisions.
A. Zero lot line subdivisions shall be subject to the development standards outlined
in KCC Title 15. These standards include minimum lot size, width, depth, etc.
B. The regulation of KCC 12.04.745 through 12.04.770 shall apply unless specifically
excepted. In addition, the following standards shall apply to zero lot line subdivision:
1. Streets, curbs and sidewalks.
a. Public streets. In certain areas, due to existing or planned
circulation systems, it may be necessary for the city to require public rights-of-way to be
provided within the development. When the provision of such rights-of-way is necessary,
the right-of-way width, paving width, and other standards shall be the same as would
121 Subdivision Code— Ch. 12.04 KCC
otherwise be required. The perimeter buffering requirement shall be applied along these
rights-of-way.
b. Nonpublic streets. Ownership of private streets not open to public
circulation shall remain with a homeowners' association and shall be their responsibility
to maintain. These streets shall have asphaltic or concrete surface, and concrete or asphalt
curbing shall be provided alone both sides of all streets except where curb cuts are
necessary for driveways. The minimum paving width for all collector streets within the
zero lot line development shall be twenty-four(24) feet. The minimum paving width for
all residential access streets shall be twenty(20) feet. A four(4) foot wide sidewalk shall
be provided on one (1) side of the street, as a minimum. However, a sidewalk is not
required on limited access streets serving two (2) or less dwellings. In addition, guest
parking shall be provided at a rate of 0.5 guest parking spaces per dwelling unit beyond
the normal parking provided at the dwelling.
2. Installation of utilities. All utilities designed to serve the development shall
beylaced underground. Any utilities located in a planting strip shall be placed in such a
manner and depth to permit the planting of trees. Those utilities to be located beneath
paved surfaces shall be installed, including all service connections, as approved by the
public works department. Such installation shall be completed and approved prior to the
application of any surface material. Easements may be required for the maintenance and
operation of utilities as specified by the engineering department.
A. Sanitary sewers. Sanitary sewers shall be provided at no cost to the
city and designed in accordance with city standards.
b. Storm drainage. An adequate drainage system shall be provided for
the proper drainage of all surface water. Cross drains shall be provided to accommodate
all natural water flow and shall be of sufficient length to permit full-width roadway and
required slopes. The size openings to be provided shall be determined by Talbot's
formula, but in no case shall be less than twelve (12) inches. All mobile home parts must
comply with city drainage ordinances.
122 Subdivision Code— Ch. 12.04 KCC y
C. Water system. The water distribution system including the location
of fire hydrants shall be designed and installed in accordance with city standards as
defined by the engineering and fire department ordinances and requirements.
d. Electrical hook-ups. All electrical hookups shall comply with the
National Electrical Code. Permits shall be obtained from the State Electrical Inspection
Division.
Sec. 12.04.780. Parks and open space requirements.
A. Approval of all subdivisions located in either single-family residential or
multifamily residential zones as defined in KCC Title 15, Zoning, shall be contingent
upon the subdivider's dedication of land or providing fees in lieu of dedication to the city,
as necessary to mitigate the adverse effects of development upon the existing park and
recreation service levels. This requirement shall not apply to lots of forty-three thousand
five hundred (43,500) square feet or larger in size, planned unit developments or
subdivisions of four (4) or less lots.
B. The following criteria shall serve as a basis for the department of parks and
recreation determination whether land proposed for dedication is of sufficient size,
character and quality:
1. The proposed area for dedication may be located either within or without
the subdivision for which it is required, but must either be adjacent to an existing or
proposed city park site or within the same park service area in which the subdivision is
located or within one (1)mile of the subdivision for which it is required.
2. The proposed area for dedication shall have characteristics and location
which make it suitable for fixture inclusion into the city parks system, as determined by
the director of parks and recreation.
3. With the approval of the planning department, the proposed area for
dedication or portion thereof may contain valuable or sensitive environmental features,
preservation of which is consistent with the citv's comprehensive plan and/or parks and
recreation plan.
123 Subdivision Code— Ch. 12.04 KCC
4. The proposed area for dedication shall, in the determination of the parks
director, farther one (1) or more comprehensive plan policies dealing with the open space T
element, steep slopes as open space, wetlands as open space, agricultural lands as open
space, wildlife habitat as open space and heritage sites as open space.
5. All lots within the subdivision for which dedication is required shall have
legal and convenient access to the proposed area, at the time of final plat approval.
6. The area proposed by the subdivider for dedication must consist of an area
that is equal or greater in size than the size computed as necessary by the department of
parks and recreation using the formula described in subsection (C) of this section.
7. The area of proposed dedication shall have a street frontage equal to at
least twenty(20)percent of its perimeter to allow for regular observation of play areas by
residents of the subdivision. Altemative desien measures that accomplish the same
purpose of security may be approved by the city.
8. The topography, soils, hydrography and other physical characteristics of
the area proposed for dedication shall be of such quality as to allow the development of
community or neighborhood parks, or to create a flat, dry, obstacle-free space on at least
fifty (50)percent of the total required area in a configuration which allows for active
recreation; shall have no known safety hazards; and shall have no known physical
problems such as the presence of hazardous waste, drainage, erosion, or flooding that the
director determines would cause inordinate demands upon public resources for
maintenance and operation of the property to be dedicated to the city.
9. If it is determined that the public interest would be served, the land may
be conveyed to a homeowners' nonprofit maintenance corporation. In this instance, the
subdivider shall, at or prior to the time of filing a final plat for approval, supply the
Planning department with copies of the articles of incorporation and bylaws of the grantee
oreanization, together with evidence of the conveyance or of a binding commitment to
convey. The articles of incorporation shall provide that membership in the corporation
shall be conditioned upon ownership of land in the subdivision that the corporation is
empowered to assess the land for costs of construction and maintenance of the
124 Subdivision Code- Ch. 12.04 KCC -�
improvements and property owned by the corporation, and that the assessment shall be
a lien upon the land. The city attomey shall review and approve the articles of
incorporation and bylaws as to compliance with this provision The city council may
impose other conditions as it deems appropriate to assure that property and improvements
owned by the corporation will be adequately constructed and maintained.
C. Subdividers who dedicate open space or park land pursuant to this section shall
dedicate five (5) percent of the total property being subdivided. Unless a subdivider
dedicates land in accordance with this section in order to mitigate the direct impacts
identified as a consequence of the proposed development, the city's final approval of the
subdivision shall be contingent upon payment of a park development fee from the
subdivider to the city. The fee in lieu of land dedication for parks and open space shall be
determined by multiplying the following two (2) factors:
1. One hundred fifty(150)percent of the average assessed value per unit area
of land within the boundaries of the subdivision: and
2. The gross land area within the subdivision multiplied by five (5)percent
as set forth in subsection(C) above. The average assessed value shall be that for the year
in which the subdivision is granted preliminary plat approval. Computations shall be
based upon King County assessor information.
The fee in lieu of dedication shall be held in a reserve account at the city, and may
only be expended to fund a capital improvement that has been agreed upon by the parties
to mitigate the identified, direct impact of the development. The payment shall be
expended in all cases within five (5) years of collection.
D. When approval of a subdivision is conditioned upon the dedication of land or the
payment of any fees in lieu of dedication, a final plat or short plat shall not be recorded
until:
1. The director of parks and recreation has detemuned in writingthat any land
to be dedicated is shown on the face of the final plat or a deed conveying the land to the
city has been recorded with the King County department of records and elections.
125 Subdivision Code— Ch. 12.04 KCC
2. Conveyance of land to a homeowners' association shall be done within the
time frames specified in subsection (B)(9) above.
3. The instrument conveying the land to the city has been transmitted to the
city council for acceptance of the dedication by ordinance.
4. Payment of any fees in lieu of dedication have been made to the city
finance department.
E. Any payment of fees made pursuant to this section that have not been expended
within five (5) years of collection shall be refimded with interest at the rate applied to
Moments to the property owners of record at the time of the refund. If the payment is not
expended within five (5) Years due to delay attributable to the developer, the payment
shall be refimded without interest.
F. Appeals of dedication requirements or fees in lieu of dedication imposed pursuant
to this section shall be governed by the provisions of Ch. 2.32 KCC.
Sec. 12.04.785. Design standards for industrial and commercial plats.
A. The division of land for industrial and commercial purposes shall conform to the
requirements and minimum standards of residential design except as provided in this
section.
B. The street widths shall be as follows:
RRieht-o -way Pavement
width in feet width in fee
Industrial Arterial 90 60
Industrial Collector 80 44
Industrial Access 60 36
Commercial Streets 60 36
Alleys 20 --
The city may require that street widths in commercial subdivisions be increased
to provide for traffic movement and to reduce or eliminate traffic congestion.
126 Subdivision Code— Ch. 12.04 KCC
C. All industrial arterial (ninety_(90) foot right-of-way), industrial collectors (eighty
(80) foot right-of-way), and commercial streets (sixty(60) foot right-of-way) shall have
sidewalks a minimum of five (5) feet in width, on both sides. All industrial and
commercial access streets which are also through streets shall have sidewalks a minimum
of five (5) feet in width, on one (1) side.
D. All lot comers at intersections of dedicated public rights-of-way shall have a
minimum radii of twenty-five (25) feet.
E. If railroad tracks are to be installed in a subdivision, such tracks and their route
shall be shown on the face of the preliminary plat.
F. Blocks shall not be less than six hundred (600) feet or more than two thousand
(2,000) feet in length. Blocks should be not less than three hundred (300) feet in width,
except where fronting on major streets or prevented by topographical conditions or size
of the property, in which case the land use hearing examiner may approve a lesser width.
Blocks should not be greater than one thousand (1,000) feet in width.
G. Lots. Lots are optional in industrial and commercial subdivisions. The size, shape
and orientation of lots shall meet the minimum area and width requirements of the
applicable zoning classification and shall be appropriate for the type of development and
use contemplated. However, if lots for individual sale or lease are created, they shall
conform to the following criteria:
1. Insofar as practical, side lot lines shall be at right angles to street lines or
radial to curved street lines.
2. Comer lots may be required to be platted wider than interior lots as
determined by the planning department.
See 12.04.530. Exceptions
A. The he....;..._ ,..,..,.. ...,� ...ay ,.rant an eheept:en from the requirements ,.r this
1 apter when widue hafdship , be a eeted as a ult ..F sti:t . plianee witl, the
127 Subdivision Code— Ch. IZ 04 KCC
1�
nditiens that it deems n ry to or Aesir-ehle fqr the mu.lie interest Nee eptient
hell he reeemme.,.le.i i4nless the heating e f,;,.7., thot.
,i. There a speeial physieal m..teneeeer- fiditions ef4Cetin.. 4he
nlle..nt efthe _ nable use efdeyelopme_t of his hand.
7 The entien i o n e ,eh prop",
n .the rights apA n y eges
t e t i
ei�e
.ed by other pr-epe.-ties in the. : nit y and ti-Rdef a milar- a mstaneee-,
3. The ,.'easing of the e eption will net he detrimental to the publie
B. A pplieetien few e eiEeeptien shall he ,ubf it4ed i .':ting by the subdivider at
the time the nvel:minafy plat : sub fflitted ♦e the planning depaAment The "plieatia
shall state fully all substantiating feets aiid evidenee PeAinent to the request.
(rode 1986 §§ 12.04.700, 17 nn 7ln 17 nn 712; Ora Ne 1424 a 14 11 1'7 04�
IV. Lot Line Adjustments
Sec. 12.04.900. Purpose of lot line adjustments. The V=ose of a lot line
adjustment is to allow for the adjustment of common property lines or boundaries between
adjacent lots, tracts, or parcels in order to rectify a disputed property line location, free the
boundary from any differences or discrepancies or accommodate a minor transfer of land.
The resulting adjustment shall not create any additional lots, tracts, or parcels and all
reconfigured lots, tracts, or parcels shall contain sufficient area and dimension to meet
minimum requirements for zoning and building purposes.
Sec. 12.04.905. Scope. A lot line adjustment shall allow property owners to alter,
eliminate or relocate lot lines to correct setback encroachments, improve access, correlate
property lines with survey or map lines or to create better lot design while conforming to
all applicable code requirements pertaining to lot design, building location, and
128 Subdivision Code— Ch. 12.04 KCC
t
development standards. A lot line adjustment shall not allow the creation of an additional
lot parcel or tract.
See. 12.04.910. Preliminary consultation with staff. Any person who desires
to change the location of a lot line on land in the city should consult with the planning
department at an early date on an informal basis in order to become familiar with the
requirements of this chapter. The public works department and development services
division should also be consulted at this time for advice and assistance in understanding
the impact of relocating the lot line in relation to structures and easements and any
applicable engineering eering requirements of this chapter.
See. 12.04.915. Application procedures. Lot line adjustment applications shall
be submitted on the forms supplied and in the number of copies prescribed by the
planning department, and shall include the following:
1. A legible map, drawn to an appropriate decimal scale on a minimum eight-
- and-one-half(81/2) inch by eleven(11) inch sheet of paper showing all of the information
required by the application fonn.
2. The signature of all parties having any ownership interest in the lands
affected by the lot line adjustment, indicating that the lot line adjustment is made with free
consent and in accordance with their desires. For purposes of this section. "ownership
interest" shall include legal and equitable property interests, including, but not limited to,
present, future, contingent or whole fee interests, together with a beneficiary's interest
pursuant to a trust and contract interest pursuant to a specifically enforceable contract for
the purchase of the real property.
3. A current title report produced no more than forty-five (45) calendar days
prior to lot line adiustment application, or other documentation as approved by the
planning director, which documents ownership, title and encumbrances;
4. A copy of the existing legal description for both parcels;
129 Subdivision Code— Ch. 12.04 KCC
5. A metes and bounds description of the proposed new lots if other than a
platted lot.
Sec. 12.04.920. Principles of acceptability. Lot line adiustments shall be
consistent with the following principles of acceptability:
1. Adiust lot lines to eliminate a common lot line between parcels in the same
ownership, to relocate a lot line to rectify a property line dispute, correct property line or
setback encroachments, or correlate with more accurate survey data; and to allow a minor
transfer of land between adiacent parcels:
2. Create better lot design, or improve access:
3. Conform to applicable zoning, subdivision and other code requirements
pertaining to lot design, building location, and development standards:
4. Avoid creation of an additional lot parcel or tract;
5. Lots created or combined for tax purposes do not constitute a legal lot of
record.
Sec. 12.04.925. Determination of completeness. Within five (5) calendar days
of receipt of a lot line adiustment, the planning department shall review all of the
materials submitted and determine whether the application is complete or incomplete. If
incomplete, the planning department shall send the applicant a letter identifying what
information is required to make the application complete. If the city determines that an
application is not complete, the applicant shall have up to ninety (90) calendar days to
submit the necessary information to the city. If the applicant either refuses in writing to
submit additional information or does not submit the required information within the
ninety (90) calendar day period, the application shall lapse because of a lack of
information necessary to complete the review. Within five (5) calendar days after an
applicant has submitted the requested additional infonnation, the city shall again make the
completeness determination and shall notify the applicant in the same manner. If the lot
line adjustment application is determined to be complete, the planning department shall
130 Subdivision Code— Ch. 12.04 KCC
accept the application and note the date of acceptance. The time period for review of the
lot line adjustment begins following the determination of a complete application and
acceptance of the application by the city.
Sec. 12.04.930. Vesting. A proposed relocation of a lot boundary line shall be
considered under the requirements of this chapter and the zoning and other land use
regulations in effect on the land at the time that an application for a lot line adjustment as
defined in KCC Ch. 12.04, has been determined to be complete and has been accepted by
the City of Kent, pursuant to KCC Section 12.04.925.
Sec. 12.04.935. Referral of application.
A. Within five_(5) calendar days of accepting a complete application, the planning
department shall distribute copies of the lot line adjustment map and the application
materials for review and comment to city departments with jurisdiction over the lot line
adiustment application. The distribution notice shall state the dates of the comment
period and deadline for submission of comments to the Planning department.
B. A copy of the lot line adjustment map and the application materials shall be
provided to affected agencies as deemed necessary or if requested by the agency.
C. City departments and affected agencies shall submit comments on the proposed
lot line adjustment to the planning department within ten (10) calendar days of
distribution. The department or agency is presumed to have no comments if comments
are not received within the specified time period.
Sec. 12.04.940. Approval criteria.
A. A proposed lot line adjustment shall not be approved unless the city finds that:
1. Appropriate provisions have been made for:
a. setbacks from existing buildings to proposed new property lines;
b. existing and proposed utilities and utility easements;
131 Subdivision Code— Ch. 12.04 KCC
C. existing and proposed access to the parcels, adjacent streets and
access easements;
d. lot dimension and area conforming to city code requirements;
e. location of on-site narking, landscaping and other significant site
features affected by the proposed new property lines;
f. the public health, safety and general welfare of the community;
& protection of environmentally sensitive lands and habitat;
2. The city has considered all other relevant facts; and
3. The public use and interest will be served by the adjustment of such
property lines.
4. The lot line adiustment is consistent with the principles of acceptability per
Section 12.04.920.
Sec. 12.04.945. Decision on lot line adiustments.
A. The planning department will review and approve the proposed lot line adiustment
after receiving a completed application and providing an opportunity for comment from
other city departments and affected agencies . The planning director may approve, approve
with modifications, or deny the application for a lot line adjustment. If approved all copies
of the lot line adjustment maps shall be stamped "approved" and signed and dated by the
planning director. The applicant shall be notified in writing of the decision. Additional
copies of the approval notification and map shall be distributed to the King County
assessor's office and to the city property management department.
B. If modifications are deemed necessary by the planning director, they may be added
to the original lot line adiustment map or a revised map may be required. The applicant
will be notified of the requirements for any such modification action. If a modification of
the original lot line adjustment may, legal description or other information is necessary,
the projected approval date may be extended.
C. If denied, the lot line adjustment shall be marked "denied" and the applicant shall
be notified in writing of the decision, stating the reasons.
132 Subdivision Code- Ch. 12.04 KCC
Sec. 12.04.950. Appeal of decision on lot line adjustments. The decision of the
planning director shall be final, unless an appeal is made by a party of record to the
hearing examiner within fourteen(14) calendar days after the written decision. The appeal
shall be in writing and shall be processed pursuant to Ch. 2.32 KCC. The decision of the
hearing examiner shall represent final action of the city and is appealable only superior
court.
Sec. 12.04.955. Appeal to superior court. The decision of the hearing examiner
is final, unless appealed to the superior court. Such an appeal must be filed with the
superior court within twenty-one (21) calendar days from the date the decision was issued.
Sec. 12.04.960. Recording lot line adjustments. A lot line adiustment does not
become effective until it and the appropriate deeds are is recorded with the King County
assessor's office. The city shall submit the approved map and new legal descriptions to
King County for recording. The city shall return a copy of the recorded documents to the
applicant. The recording of a lot line adiustment does not constitute a transfer of title. If
the title to an area of land is changing ownership, separate deeds to this effect must be
recorded with the King County assessor's office.
SECTION 4. — Severability. If any one or more section, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall
not affect the validity of the remaining portion of this ordinance and the same shall remain
in full force and effect.
133 Subdivision Code— Ch. 12.04 KCC
SECTION S. —Effective Date. This ordinance shall take effect and be in
force thirty(30) days from and after its passage, approval and publication as provided by
law.
JIM WHITE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
ROGER LUBOVICH, CITY ATTORNEY
PASSED: day of 2000.
APPROVED: day of 2000.
PUBLISHED: day of 2000.
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 hereon indicated.
(3EAL)
BRENDA JACOBER, CITY CLERK
P�CiviWrdinww\Subdimio cviwn.do
134 Subdivision Code— Ch. 12.04 KCC
0
.a
Kent City Council Meeting
Date May 16 , 2000
Category Other Business
1 . SUBJECT: PACIFIC COAST FEATHER COMPANY NON-RECOURSE REVENUE
BONDS - RESOLUTION
2 . SUMMARY STATEMENT: On April 27, 2000 , the Washington
Economic Development Finance Authority approved a resolution
relating to the issuance of non-recourse revenue bonds wherein
the proceeds would be loaned to Pacific Coast Feather Company
for the purchase and installation of pillow manufacturing
equipment in the City of Kent . It is a policy of the
Washington Economic Development Finance Authority to obtain
approval of the City within whose planning jurisdiction the
proposed industrial development facility lies prior to approval
of the issuance of the revenue bonds . The proposed resolution,
if passed, would provide the required approval .
3 . EXHIBITS: Resolution and letter from Washington Economic
Development Finance Authority
4 . RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS :
7 . CITY COUNCIL ACTION:
CouncilmemberU� lmoves, Councilmember � � seconds
passage of Resolution No. (671 approving the issuance of tax
exempt non-recourse economic development revenue bonds by the
Washington Economic Development Finance Authority for the
purpose of financing the purchase and installation of pillow
manufacturing equipment by Pacific Coast Feather Company.
DISCUSSION: y�
ACTION: p ' C
Council Agenda
Item No. 7C
RESOLUTION NO.
A RESOLUTION of the City Council of the
City of Kent, Washington, approving the action of the
State of Washington Economic Development Finance
Authority and the issuance of non-recourse revenue
bonds to finance an economic development facility for
Pacific Coast Feather Company ("the Company"), and
providing for other matters properly relating thereto.
WHEREAS, on April 27, 2000, the Washington Economic
Development Finance Authority ("WEDFA") had presented to it Resolution No. W-
2000-014 (the "Resolution"), a copy of which is attached hereto as Exhibit A, relating
to the issuance of non-recourse revenue bonds wherein the proceeds of which would
be loaned to the Company for the purchase and installation of equipment to be used in
the manufacture of bed pillows (the 'Project"), all as authorized by the Economic
Development Finance Authority Act of 1989, Ch. 43.163 RCW, as amended (the
"Act"); and
WHEREAS, on April 27, 2000, WEDFA unanimously approved the
Resolution; and
WHEREAS, it is the policy of the Washington Economic Development
Finance Authority not to issue revenue bonds except upon the approval of the county,
city or town within whose planning jurisdiction the proposed industrial development
facility lies; and
1 Revenue Bonds
WHEREAS, the Project lies within the boundaries of the City of Kent,
King County, Washington; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Kent City Council (the "Council'), pursuant to the
request of the Washington Economic Development Finance Authority, does hereby
approve the issuance of non-recourse revenue bonds (the 'Bonds") by the Washington
Economic Development Finance Authority, for the purposes provided in the Act.
SECTION2. The Bonds shall be issued in the aggregate principal sum
of not to exceed $2,850,000 pursuant to a Resolution of WEDFA. The proceeds of the
Bonds are to be lent to the Company, pursuant to a loan agreement or other
appropriate financing agreement, and used for the purpose of equipping the Project,
including the necessary appurtenances, located within the boundaries of the City of
Kent and to pay certain costs of issuance of the Bonds.
SECTION 3. The Bonds shall not constitute an obligation of the State
of Washington or of the City of Kent, and no tax funds or revenues of the State of
Washington or of the City of Kent shall be used to pay the principal or interest on the
Bonds. Neither the faith and credit nor any taxing power of the State of Washington
or of the City of Kent shall be pledged to pay the principal or interest on the Bonds.
SECTION 4. The City of Kent hereby approves the issuance of Bonds
by WEDFA for the purpose of financing the Project as described herein, a qualified
project under the Act.
SECTION 5. This Resolution is intended to constitute approval of the
issuance of revenue bonds within the meaning of the policy of the Washington
Economic Development Finance Authority.
2 Revenue Bonds
SECTION 6. - Severabilitv. If any section, subsection, paragraph,
sentence, clause, or phrase of this resolution is declared unconstitutional or invalid for
any reason, such decision shall not affect the validity of the remaining portions of this
resolution.
SECTION 7. — Effective Date. This Resolution shall take effect
immediately upon passage and approval as provided by law.
Passed at a regular meeting of the City Council of the City of Kent,
Washington this day of 2000.
Concurred in by the Mayor of the City of Kent, this day of
12000.
JIM WHITE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
ROGER A. LUBOVICH, CITY ATTORNEY
I hereby certify that this is a true copy of Resolution No. passed by
the City Council of the City of Kent, Washington, the day of
, 2000.
(SEAL)
BRENDA JACOBER, CITY CLERK
P%CivikRcmluuWRcvcnucBm -20W.dw
3 Revenue Bonds
RESOLUTION NO. W-2000-014
A RESOLUTION OF THE WASHINGTON ECONOMIC DEVELOPMENT
FINANCE AUTHORITY TAKING OFFICIAL ACTION TOWARD THE
ISSUANCE OF NONRECOURSE ECONOMIC DEVELOPMENT REVENUE
BONDS IN ONE OR MORE SERIES IN A MAXIMUM AMOUNT NOT TO
EXCEED $2,850,000 AND AUTHORIZING THE EXECUTION OF AN
INDEMNIFICATION AND COMPENSATION AGREEMENT BY AND
BETWEEN THE WASHINGTON ECONOMIC DEVELOPMENT FINANCE
AUTHORITY AND PACIFIC COAST FEATHER COMPANY (the "Company").
WHEREAS, the Washington Economic Development Finance Authority (the
"Issuer") is a duly organized and existing instrumentality of the State of Washington
authorized and empowered by the provisions of RCW Chapter 43.163 (collectively, the
"Act") to issue nonrecourse economic development revenue bonds for the purpose of
carrying into effect the construction of improvements and the acquisition of personal
properties and provide working capital suitable for use by any industry, and to loan its
moneys when necessary or convenient to carry out its powers under the Act; and
WHEREAS, the Company has informed the Issuer that it wishes to acquire,
construct, equip, and improve the manufacturing facilities to be located in Kent, King
County, Washington, as more fully described in Exhibit A attached hereto and
incorporated herein (the "Site"), all of which are located within the territorial limits of the
State of Washington, and the Company has requested the Issuer to issue nonrecourse
economic development revenue bonds (the 'Bonds") in a maximum amount not to exceed
TWO MILLION EIGHT HUNDRED FIFTY THOUSAND dollars ($2,850,000) pursuant
to the Act to cant' into effect the acquisition, construction, equipping, and improving of
real and personal property and provision of working capital at the Site to be used in the
manufacturing facilities of the Company, as more fully described in Exhibit A hereto (the
"Project'), to loan the proceeds of the Bonds to finance the acquisition, construction,
improvement, equipping, and installation of the Project; and
WHEREAS, a form of agreement designated as an "Indemnification and
Compensation Agreement" has been prepared setting forth the respective agreements and
undertaking of the Issuer and the Company with respect to the Bonds and the Project; and
WHEREAS, it is considered necessary and desirable for the best interest of the
Issuer that the Indemnification and Compensation Agreement be executed for and on the
behalf of the Issuer; and .
WHEREAS, the Indemnification and Compensation Agreement requires the
Company to pay all reasonable and necessary costs incurred by the Issuer in connection
with the Bonds and/or in connection with the Project; and
Resolution No. W-2000-014 Page I of EMIT
WHEREAS, the Issuer finds that the Project constitutes the development and
improvement of economic development facilities under the Act; and
WHEREAS, it is intended that this resolution shall constitute a declaration of
official intent to reimburse Project expenditures within the meaning of Sections 1.103-
(8)(T)(a)(5) and 1.150-2 of the Federal Income Tax Regulations.
NOW THEREFORE, be it resolved by the Washington Economic Development
Finance Authority as follows:
Section 1. It is hereby determined that (a) the acquisition, construction and
installation of the Project and its operation as an economic development facility; (b) the
issuance of the bonds of the Issuer in one or more series and in a maximum amount not to
exceed $2,850,000, to finance costs of the Project, such total costs to be financed by the
Bonds presently estimated to be approximately $2,850,000; and (c) the execution and
delivery of such contracts and agreements with the Issuer as are necessary to provide for
the payment by the Issuer of amounts sufficient to pay the principal of, premium, if any,
and interest on the Bonds, together with certain costs of the Issuer, will all be in
furtherance of the Act.
Section 2. Subject to the conditions listed in Section 3 below, including such
other conditions as in the judgement of the Issuer and bond counsel are necessary to
insure the validity of the Bonds and the tax-exempt or taxable status of the Bonds, it is
the intent of the Issuer to proceed toward the issuance and sale of the Bonds pursuant to
the provisions of the Act. Nothing in this resolution shall be construed as legally binding
the Issuer to authorize, issue, or sell the Bonds.
Section 3. The authorization, issuance, and sale of the Bonds by the Issuer are
subject to the following conditions:
(a) the Company shall have caused to be issued an irrevocable letter of credit (the
"Letter of Credit") by an investment-grade rated commercial bank, acceptable to the
Issuer (the "Letter of Credit Bank"), which shall be used to pay and secure the Bonds or
shall have secured a bond purchase agreement (the 'Bond Purchase Agreement") from an
Accredited Investor, as such term is defined in 17 CFR 230.501(a), acceptable to the
Issuer, for the purchase of the Bonds;
(b) the Company shall enter into such contracts and loan agreements with the
Issuer as shall be necessary to secure payment of the principal of, premium, if any, and
interest on the Bonds as when the same shall come due and payable;
(c) on or before two (2) years from the date hereof(or such later date as shall be
mutually satisfactory to the Issuer and the Company) the Issuer and the Company shall
have agreed to mutually acceptable terms and conditions of the contracts and agreements
referred to in paragraph (b) of this Section 3;
Resolution No. W-2000-014 Page 2 of 6
(d) the Issuer shall have received an opinion of bond counsel that, with certain
customary exceptions, such of the Bonds which it is intended shall be issued as tax-
exempt obligations may be so issued pursuant to the provisions of the Internal Revenue
Code of 1986;
(e) if required, the Issuer shall have received an allocation of the State ceiling on
private activity bonds imposed by Section 146 of the Internal Revenue Code of 1986 in
an amount equal to the aggregate face amount of such of the Bonds as shall be issued as
tax-exempt obligations, and shall have allocated such amount to the Bonds;
(f) the Issuer shall have received evidence that the county, city, or town within
whose planning jurisdiction the Project lies has approved the Project and the Bonds or
such other evidence satisfactory to the Issuer that the Project will be welcomed by the
community in which the Project will be located; and
(g) such other conditions as in the judgement of the Issuer and bond counsel are
necessary to insure the validity of the Bonds and the tax-exempt status of such of the
Bonds as shall be issued as tax-exempt obligations.
Section 4. The proper officials of the Issuer are hereby authorized to take such
further action as is necessary to carry out the intent and purposes hereof under the terms
and conditions stated herein and in compliance with the applicable provisions of law.
Section 5. That it is deemed necessary and advisable that the Indemnification
and Compensation Agreement be approved and executed for and on behalf of the Issuer.
Section 6. That an Indemnification and Compensation Agreement by and
between the Issuer and the Company be, and the same is hereby, approved and authorized
and the Chair of the Issuer is hereby authorized to execute the Indemnification and
Compensation Agreement on behalf of the Issuer.
Section 7. Each Bond, when and if issued, shall substantially state the
following language on the face thereof:
THE OBLIGATIONS OF THE ISSUER HEREUNDER SHALL NOT BE
DEEMED TO BE A DEBT, LIABILITY, OBLIGATION, OR PLEDGE OF THE
FAITH AND CREDIT OF THE STATE OF WASHINGTON, OF ANY
MUNICIPALITY, OR OF ANY MUNICIPAL CORPORATION, QUASI MUNICIPAL
CORPORATION, SUBDIVISION, OR AGENCY OF THE STATE OF
WASHINGTON, OR TO PLEDGE ANY OR ALL OF THE FAITH AND CREDIT OF
ANY OF THESE ENTITIES. NEITHER THE STATE OF WASHINGTON, THE
ISSUER, ANY MUNICIPALITY, OR ANY OTHER MUNICIPAL CORPORATION,
QUASI MUNICIPAL CORPORATION, SUBDIVISION, OR AGENCY OF THE
STATE OF WASHINGTON IS OBLIGATED TO PAY THE PRINCIPAL OR THE
Resolution No. W-2000-014 Page 3 of 6
INTEREST THEREON. NO TAX FUNDS OR GOVERNMENTAL REVENUE MAY
BE USED TO PAY THE PRINCIPAL OR INTEREST THEREON. NEITHER ANY
OR ALL OF THE FAITH AND CREDIT NOR THE TAXING POWER OF THE
STATE OF WASHINGTON, THE ISSUER, IF ANY, OR ANY MUNICIPAL
CORPORATION, QUASI MUNICIPAL CORPORATION, SUBDIVISION, OR
AGENCY THEREOF IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OR
OF THE INTEREST ON THE BONDS.
Section 8. This Resolution shall be effective after its adoption.
ADOPTED by the Washington Economic Development Finance Authority this
27th day of April, 2000.
WASHINGTON ECONOMIC DEVELOPMENT FINANCE AUTHORITY
By: C6a'-It��
Chair
Resolution No. W-2000-014 Page 4 of 6
EXHIBIT A
DESCRIPTION OF PROJECT AND SITE
The Project will consist of:
Purchase and installation of new equipment to be used in the manufacture of bed pillows
in Pacific Coast Feather's facility in the Benaroya Business Park, 22714 Russell Road,
Kent, King County.
Resolution No. W-2000-014 Page 5 of 6
CERTIFICATE
I, the undersigned, Secretary of the Washington Economic Development Finance
Authority (herein called the "Issuer"), DO HEREBY CERTIFY:
1. That the attached Resolution No. W-2000-014 (herein called the "Resolution") is a
true and correct copy of a resolution of the Issuer as finally adopted at a special meeting
of the Board of Directors of the Issuer held on the 27th day of April, 2000, and duly
recorded in my office.
2. That said meeting was duly convened and held in all aspects in accordance with law,
and, to the extent required by law and the by-laws of the Issuer, due and proper notice of
such meeting was given; that a legal quorum was present throughout the meeting and a
legally sufficient number of members of the Washington Economic Development Finance
Authority voted in the proper manner for the adoption of the Resolution; that all other
requirements and proceedings incident to the proper adoption of the Resolution have been
duly fulfilled, carried out, and otherwise observed; and that I am authorized to execute
this certificate.
IN WITNESS THEREOF, I have hereunto set my hand this 27th day of April, 2000.
Secretary
Resolution No. W-2000-014 Page 6 of 6
b COPY RECEIVED
MAY 0 4 2000 _
STATE OF WASHINGTON Kent City Attorney
WASHINGTON ECONOMIC DEVELOPMENT FINANCE AUTHORITY
1000 Second Ave., Suite 2700 • Seattle, Washington 98104-1046 • (206) 587-563415640 • FAX (206) 389-2819
May 3, 2000
Kent City Council
City of Kent
220 Fourth Avenue South
Kent, WA 98032
Re: Washington Economic Development Finance Authority(WEDFA) - Tax-
Exempt/Taxable Economic Development Revenue Bond Programs
$2,850,000 Pacific Coast Feather Company Project
Dear Sirs/Mesdames:
Pacific Coast Feather Company is planning to build a new pillow manufacturing facility in Kent.
They intend to finance this project through the issuance of WEDFA's tax-exempt nonrecourse
economic development revenue bonds.
Mr. Tom Riley, Director of Finance, would be happy to provide you with any fiuther information
that you might find helpful regarding the project. His telephone number is, (206) 336-2268.
It is the policy of the WEDFA board only to issue bonds in support of projects which would be
welcomed by the local community. As part of the issuance process, therefore, we would like the
Kent City Council as the planning jurisdiction, to consider passage of a Planning Jurisdiction
Approval resolution, in form substantially as attached, in behalf of the Washington Economic
Development Finance Authority (WEDFA) to issue tax-exempt economic development revenue
bonds. We are planning to issue the bonds toward the middle of June. It would greatly assist our
timing if the City Council could consider this approval at their next meeting.
I .
ent ity Council
M�«y 2000
Pag.,�VP
Please let me know how we can work together to facilitate this process. If you have any
questions, please do not hesitate to give me a call. My telephone number is: (206) 587-5634.
I look forward to working with you on this project.
Sincerely yours,9ona
).,�apJ'ZZthan A. Hayes
Executive Director
cc: Kent City Attorney
Mr. Tom Riley
?/1
Kent City Council Meeting
Date May 16 , 2000
Category Bids
1 . SUBJECT: LINDENTAL PUMP STATION
2 . SUMMARY STATEMENT: The bid opening for this project was
held on April 25th with five bids received. The low bid was
submitted by Pivetta Brothers Construction, Inc . in the amount
of $1, 451, 601 . 90 . The Engineer ' s estimate was $1, 255, 416 . 00 .
3 . EXHIBITS: None
4 . RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS :
7 . CITY COUNCIL ACTION:
Councilmember0 moves, Councilmember OVK-4212 seconds
that the Lindental Pump Station contract be awarded to Pivetta
Brothers Construction, Inc . in the amount of $1, 451, 601 . 90 .
DISCUSSION: (ILA
ACTION: AMC
Council Agenda
Item No. 8A
)
Kent City Council Meeting
Date May 16 , 2000
Category Bids
1 . SUBJECT: NURSERY FENCING
2 . SUMMARY STATEMENT: The bid opening for this project was
May 9, 2000 . Due to time constraints, the bid information is
not included in the Council packets . The Parks Director will
make a recommendation to award at the May 16, 2000 Council
meeting.
3 . EXHIBITS: Bid tab (faxed to Council prior to the May 16
Council meeting)
4 . RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS :
7 . CITY COUNCIL ACTION:
Councilmember ✓i�moves, Councilmember seconds
that the Nursery Fencing Project contract be awarded to
rY����� in the amount of $ plus
Washington State Sales Tax.
DISCUSSION:
ACTION: C
Council Agenda
Item No. 8B
Kent City Council Meeting
Date Mav 16 , 2000
Category Bids
1 . SUBJECT: CHESTNUT RIDGE STRUCTURE (S) DEMOLITION
2 . SUMMARY STATEMENT: The bid opening was held on April 24 , '
2000 , with thirteen bidders . The low bid for each structure
was : J. Harper Contractor Inc . for the house at $7 , 030 . 00 ;
Duchess Construction for the cabin at $2 , 642 . 98 ; and Virginia
Ashmore for the barn at $2 , 100 . 00 .
Parcel Bidder Plus WSST
House : J. Harper Contractor Inc . $7, 030 . 00
Cabin: Duchess Construction $2 , 642 . 98
Barn: Virginia Ashmore $2 , 100 . 00
3 . EXHIBITS : Bid tab
4 . RECOMMENDED BY: Staff and Parks Committee
(Committee, Staff, Examiner, Commission, etc . )
5 . UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6 . EXPENDITURE REQUIRED: $
SOURCE OF FUNDS :
7 . CITY COUNCIL ACTION:
Councilmember tUj moves, Councilmember seconds
to award bids and approve entering into agreements with three
separate bidders to demolish and remove the three surplused
structures on the city-owned property at 20403 100th Ave . SE
(Chestnut Ridge) , as presented.
DISCUSSION: �n
ACTION: 9 1
Council Agenda
Item No. 8C
BID TABULATION FORM
KENT PARKS AND RECREATION DEPARTMENT
KENT, WASHINGTON
PROJECT: Chestnut Ridge Structure(s) Demolition BIDS DUE: Monday, April 24,
2000 10:00 a.m. BIDS OPENED: Monday, April 24, 2000 10:15 a.m.
BIDDER: . . TOTAL:
1. Duchess Construction, Inc. $7,586.98 $2,642.98 $2,642.98 $12,872.94
Auburn, WA
2. J. Harper Contractor $7,030.00 $2,885.00 $3,005.00 $12,920.00
Seattle, WA
3. Virginia Ashmore $12,900.00 $_0_ $2,100.00 $15,000.00
Bellevue, WA
4. Aspen Environmental $6,900.00 $3,900.00 $15,700.00
Mukilteo, WA $4,900.00 (incomplete bid
packet)
5. Excel Trucking & Excavating $7,936.20 $2,645.40 $2,645.40 $13,227.00
Monroe, WA
6. Wyser Construction $7,365.00 $4,650.00 $3,950.00 $15,965.00
Everett, WA
7. Shear Transport, Inc. $8,434.00 $4,930.00 $4,656.00 $18,014.00
Buckley, WA
8. LVI Environmental Services, $9,908.00 $4,929.00 $6,504.00 $21,341.00
Inc. Auburn, WA
9. Global Diving & Salvage Inc. $13,350.00 $4,200.00 $5,200.00 $22,750.00
Seattle, WA
10. Father & Son Construction, $19,000.00 $4,000.00 $2,990.00 $25,990.00
Inc. Tacoma, WA
11. Harborside Inc. $18,000.00 $5,000.00 $5,000.00 $28,000.00
Gig Harbor, WA
12. SL Larsen Construction Co. $24,200.00 $11,600.00 $17,850.00 $53,650.00
Inc. Seattle, WA
13. GC Monitoring Inc. $23,300.00 $12,000.00 $18,500.00 $53,800.00
Bellevue, WA
Low Bidders:
House: J. Harper Contractor Inc. $7,030.00
Cabin: Duchess Construction, Inc. $2,642.98
Barn: Virginia Ashmore $2,100.00
REPORTS FROM STANDING COMMITTEES AND STAFF
A. COUNCIL PRESIDENT
B . OPERATIONS COMMITTEE
C. PUBLIC SAFETY COMMITTEE
D. PUBLIC WORKS
E . PLANNING COMMITTEE
F. PARKS COMMITTEE w1 �
G. ADMINISTRATIVE REPORTS
REPORTS FROM SPECIAL COMMITTEES
OPERATIONS COMMITTEE MINUTES
APRIL 18, 2000
COMMITTEE MEMBERS PRESENT: Chair Rico Yingling, Judy Woods, Leona Orr
(substituting for Tim Clark)
STAFF PRESENT: Don Wickstrom, Cliff Crai„ Brent .McFall, Norm Angelo, May Miller, Tom
Brubaker, Jackie Bicknell
The meeting was called to order by Chair Rico Yingling at 4:03 PM. Item =4, The
Valley Com PDA Agreement was removed from the agenda.
Approval of the March 21. 2000 Minutes
Committee Member Judy Woods moved to approve the minutes of March 21, 2000. The
motion was seconded by substitute Committee Member Leona Orr and passed 3-0.
.Approval of Vouchers Dated April 13. 2000.
Finance Director May Miller presented the vouchers dated April 13, 2000. Judy Woods
moved to approve the vouchers dated April 15, 2000. The motion was seconded by
Leona Orr and passed 3-0.
Temporary Construction Inspector
Director of Operations Brent McFall said METRO is installing a 108 inch concrete sewer
pipe through the valley. The project is outside the normal scope of activity seen in the
City and will impact a lot of the City's street facilities, plus the area will need restoration
after the project is completed. This project is beyond the capacity of the current
construction inspection staff because they are all busy on other projects. The
recommendation is to amend the budget for 2000 to add a Construction Inspector.
The Inspector would be at the same pay rate as all of the City's other construction
inspectors and the position would be dedicated to the METRO Sewer Interceptor Project.
It would be paid from the permit fees collected from METRO, which will be more than
enough to cover the costs. The position would continue through construction, which is
about a two year project. There would be no expectation of on-going employment after
the project is over, but for the employment period, the position would be budgeted as a
regular position in the city and would receive benefits.
Judy Woods asked where the METRO line would run. Public Works Director Don
Wickstrom said it would run from 180`h to =16th. From 180`h it would follow 80`h Avenue
down to about Chem Central and then go across the valley where it would go around the
Auto Auction and Western Processing, cross the tracks, and then over to 72nd Avenue. It
would run down the middle of 72nd Ave and then south to 216`h. The project is big and
the City has a lot of infrastructure that would need to be restored back to its original
condition.
i
Operations Committee,4/18/00 Page 2
Leona Orr moved to recommend to the council approval for a budget amendment to
the 2000 Budget adding one Temporary Construction Inspector. The position is to
be paid from the permit fees collected on the METRO Phase III Sewer Inceptor,
and will terminate at the conclusion of the project. The motion was seconded by
Judy Woods and passed 3-0.
Agreement with King County Fire District 440/Trainin.- Officer Position
Fire Chief Norm Angelo said the Fire Department is based, not only upon its response,
but also on mutual and automatic aid. Anything that enhances a mutual relationship with
other departments improves service to the customers, safety to the fire fighters, and the
ability to back up simultaneous calls. The Kent Fire Department has been exploring the
possibility of providing training to King County Fire Protection District T40, and the
possibility of some joint operations and doing functional things together. King County
District =40's emergency medical services training would be done through a paramedic
and the Kent Department would assist, as it will be using a similar computer system for
record tracking.
Part of the negotiations between the Kent Fire Department and King County Fire District
m40 is for a lieutenant's position to be added to the Kent Fire Department. Fire District
T40 would pay for the ongoing costs of that position on an annual basis. The Public
Safety Committee has already approved adding the position to the budget, but the issue
was brought to the Operations Committee for review because it has both revenue and
expenditure budget implications.
King County Fire District =40 would not be charged when the training is simultaneous
and benefits both departments, but because they will have greater access, they will be
charged for maintenance and fuel related to their use. However, if additional things are
needed, they will be treated the same as the Kent Fire Department and not charged unless
they ask for specialized training. Costs for the lieutenant's position will be covered by
the revenue provided and each year the cost will be reviewed to make sure it's
appropriate to the level that the Department is paying its personnel.
If anything unforeseen happens, there is a method to reopen the contract and have a
discussion on how to appropriately deal with it. The contract has an escape clause, and
Fire District T40 would need to give two year's notice so that a transition could be made
for the added employee.
February Financial Reoort
Finance Director May Miller said that February is not very far into the year to have
significant trends, but things have improved and stabilized since last fall when the budget
was set. At that time, the sales tax had really taken a dip, but it looks like that has turned
around.
The General Fund graph on Page 3, shows February as 5.2% over budget in revenue, and
Page 4 shows the General Fund Expenditures to be 3.1% under budget. A few positions
are still on hold and several positions are still vacant which causes the General Fund to be
Operations Committee,4/18/00 Page 3
under budget, as all positions are budgeted for a full 12 months. Property Tax is
estimated to come in on budget.
Sales Tax, shown on page 6, is volatile and has to be watched. January and February
were quite a bit over budget, but the March figures were close at just 2.7% over budget.
On a three month curve, Sales Tax is 13.4% over budget. April's numbers haven't been
released yet and are based on February sales, but a lot of the annual returns come in
April, so April is more of an indicator month. The page 7 pie chart shows that
Contracting is down from what it was a year ago. Wholesaling, which was pretty much
down all last year, has now turned around and is doing much better. Manufacturing is
also doing much better, which was down significantly last ,year. Retail continues at 7.3%
over budget, and is showing strong. That might reflect some of the additional retail
businesses added to Kent like the Asian Mall. Overall, Sales Tax looks good and sound
risht now.
Utility Tax is over budget 5.8% which is pretty reasonable and comes primarily from
telephone usage as a lot of people have more than one phone and use them more often.
Building Permits shown on page 9 is just a little bit under in permit dollars, but 25% over
in value which shows that a lot of larger dollar volume projects are being done. Brent
McFall added that those figures ultimatelv get translated into Assessed Value which gets
translated into Property Tax Collection. May Miller said commercial value was 60% and
residential value 40%, which is a significant number of residences being built in the City.
Recreation Fees are a bit under budget, but it's early in the year to assess that because
their revenue comes primarily in March from quarterly registrations. Fines and
Forfeitures continue to be strong.
The General Fund shows the strong position in the Sales and utility Taxes. A couple of
areas are under budget, but revenue is still doing what was expected. Right now it looks
on trend. There was some concern about the Boeing strike and what effect that might
have on the economy, but that doesn't appear to be having a significant effect on the
City's General Fund economy. The Capital Fund has the same benefit of strong sales tax
and Real Estate Excise Tax which means there's still a number of properties being sold.
Brent McFall said that the Real Estate Excise Tax has performed consistently well over
the last few vears, but still needs to be viewed with caution. Although the trend line has
been a continuous incline, the volatility within that trend line is sometimes fairly extreme,
and from any part of the ,year, or one year to the next, that can vary significantly.
Ms. Miller said the other funds will be included when the quarterly reports are done. In
Golf, because the contract is being changed, the budget and trend lines need to be
adjusted so they measure what they're really expected to do. Just the preliminary reports
on Golf look good. The revenue looks increased, and because there was no contractor for
a period of time during the year, that has saved on expenditures. Brent McFall added that
during the first two months of the year, revenue was about S30,000 ahead in gross
receipts over the same period a year ago. He said nice weather has contributed to that.
Expenses are in line, but that will change some because of the contracts recently entered
Y-
Operations Committee,4118/00 Page 4
into for the new restaurant. For the first couple of months of the year, no payments were T
going out for a contractor's fee and that will affect expenses, but all indications are that
expenses are well under control.
Judy Woods asked if the opening of the restaurant was on schedule. Brent McFall
affirmed and said they were near to receiving the building permits, and an early summer
opening is on target. Minimal service is being provided at this time which will continue
through construction. Ms. Woods asked if there would be an open house when the
restaurant opens. Mr. McFall said there would be a soft opening and then a grand
operung with a celebration planned.
The meeting was adjourned at 4:23 PM.
Jackie Bicknell
City Council Secretary
_ PLANNING COMMITTEE MINUTES
APRIL 3, 2000
COMMITTEE MEMBERS PRESENT: Chair Tom Brotherton, Judy Woods, Tim Clark
STAFF PRESENT: Fred Satterstrom, Roger Lubovich, Jackie Bicknell
PUBLIC PRESENT: Joe Miles, Paul Morford, Mary Saucier, Ardis Johnson Svenning, Orville
Svenning, Dr. Lawrence Dora, Ann Dora, Ted Nixon, Jack Kastien
Committee Chair Tom Brothertmn called the meeting to order at 4:03 P.M.
Approval of Minutes of Nfarch 6. 2000
Committee Member Judy Woods moved approval of the minutes of March 6, 2000. Committee
Member Tim Clark seconded the motion and it passed 3-0.
Urban Separators
Planning Manager Fred Satterstrom recapped that at the last Committee meeting there were
questions about Urban Separators which have since been researched and a response prepared and
included in the agenda packet. Some of the main issues that came up during the previous
discussion were: the purposes of Urban Separators, the history behind their origin, where they
are mapped in King County, and what other cities have done to recognize the presence of urban
separators in their jurisdiction.
The Countywide Planning Policy statement LU-27 deals with Urban Separators. Urban
Separators are areas of open space, natural areas, wildlife areas, areas of open space and
separations between urban areas, and are basically areas of low density development. The
Countywide Planning Policy says that these lands shall remain low density for a period of 20
years and shall not be changed by jurisdicrions even f annexed without the review and approval
of King Counry. Two properties asking for City of Kent Comp Plan amendments this past year
are in areas designated by King County, when under the jurisdiction of King County, as Urban
Separators in King County's Comprehensive Plan. Council has tabled action on those two
amendments until the end of the discussion on Urban Separators.
Mr. Satterstrom had discussions with the King County Executive's office and members of their
Strategic Planning Department, and talked with planners and planning directors from some of the
cities that have Urban Separators within their jurisdictions. The designation of Urban Separator
appears only on King County's Comprehensive Plan Man. It was not part of the Countywide
Planning Policies. The origins seem to extend back to about 1990 when King County was doing
community plans. That was before the County adopted their 1994 Growth Management Act
Plan. Three plans were being worked at the time "Urban Separator" became a popular term: the
North Shore, north of Lake Washington; the Sammamish east of Lake Sammamish; and the Soos
Creek community.
When the County adopted the community plans there was a designation called Urban
Greenbelt/Urban Separator. The Urban Separator designation accomplished a separation
between cities such as Kent and Auburn, and Kent and Renton, and protected parks, connecting
Planning Committee,4/3/00 Page 2
them with areas of recreation. An Urban Separator path might go along a park and then sweep T
over and join another park, providing a corridor between the two parks. There were also
environmental benefits, and Urban Separators were commonly laid over areas that had steep
slopes or wetlands. In the early 1990's, the County's community plans found their way into the
King County Comprehensive Plan and were part of it at the time the County adopted the plan in
1994. That's when the language regarding LU-27, the Urban Separator Policy, became part of
the Countywide Planning Policies.
The Countywide Planting Policy document does not contain a map of the Urban Separators.
City of Kent staff generated an Urban Separator Within Kent City Limits map from information
obtained that shows the distribution of urban Separators as understood and interpreted by staff
from the County's maps prior to any annexations. Much of the area is included in Kent's
potential annexation area. A smaller amount is included in the actual city limits. Staff quantified
the area in terms of showing how much Urban Separator area exists and found there was about
1250 acres. The City has annexed nearly two square miles within the mapped area accounting
for approximately 230 parcels amounting to about 510 acres.
King County staff admitted they did not have a single map that showed Urban Separators in King
County and would actually have had to put together a number of maps predating annexations and
incorporations. When areas are annexed and/or incorporated, King County doesn't keep track of
them anymore because they don't show proposed land use in incorporated areas, but only within
Unincorporated King County. When an area is annexed, the Urban Separators are no longer
shown on the County maps. They still exist, but have to be found on a map that is historical and
no longer show on the County's Comprehensive Plan Map.
Tim Clark commented that the Panther Lake area is already occupied with houses all around.
Fred Satterstrom said there was actually a large subdivision there, but wasn't sure whether or not
the subdivision was built after the Urban Separator designation was created or before.
Judy Woods asked to what extent King County had implemented their policy after it was
established, and how that had changed or altered the land use in the area prior to annexation into
the city. Mr. Satterstrom said he had not researched how diligently the County had implemented
its own land use policy, but would assume they had implemented it since the Urban Separator
areas were zoned one unit per acre. Tom Brotherton connnented that some of the area around
Panther Lake was wetlands.
Mr. Satterstrom said Urban Separators are relatively minor in their geographic extent, and in
some cases are protected by covenants that run with the land. There is an urban separator located
between Kirkland and Bellevue that neither city wants to annex, but Urban Separators do not
seem to be an issue in other cities as it is with the City of Kent. The Kent area is
disproportionately affected and Kent would be acting on its own if it were to raise the issue with
the Growth Management Planning Council.
Tom Brotherton said it appears as though the initial work on Urban Separators predated the
Growth Management Act and also predated some of the sensitive area ordinances that Kent now
has. He asked, based on the interview with the County, if maintaining Urban Separators was an
r
Planning Committee,4/3/00 Page 3
important part of the County plan, or if they had been superceded by the fact that half the County
has been designated as rural and half as urban, and no other city has Urban Separators. Fred
Satterstrom replied that the impression was that the County was still very much in favor of the
Urban Separator concept, and they also understood that sensitive area ordinances had been
passed. They were unequivocal in delivering the message that Urban Separators are in addition
to the sensitive area protection.
City Attorney Roger Lubovich said that the legal issue involved is that the Countywide Planrung
Policies cannot restrict a city's zoning authority or rights over property. He questioned,
however, what a court or the Planning Board would do with the policy itself if it was challenged
or brought before them. They could throw it out, make the City adhere to the concept, or
recognize the urban designator concept but allow the City to define low density. To the point
that the policy restricts the City's ability to zone, it is invalidated. The City ratified the policy in
1994, and the ratification and non-objection to the policy at that time could have created a
situation where the City may at some point have to recognize Urban Separators. The policy
cannot tell the City what to zone property, i.e. one unit per acre, as it is strictly up to the City to
determine what densities should be in those areas, but there is no clear designation from any
current county maps as to what an Urban Separator is for the City of Kent, so it's not known to
what extent they could be altered.
Chair Tom Brotherton opened the meeting for public input, clarifying that that day's meeting
would not take any action or consider any specific properties. He said after a policy has been
-- decided, then specific property issues would be addressed. Judy Woods added that once the
Council had passed a policy, it would be given to the Land Use and Planning Board to consider
the two properties that have been in abeyance.
Citizen Comments:
Joe Miles, 24639 156`h Avenue SE, Kent, Friends of Soos Creek Park, asked if there would be a
series of public hearings with prior notification. Fred Satterstrom said it was his impression after
the last meeting that the Council Committee would decide on the public process after receiving
answers to their questions. There would have to be a notification process for a public hearing.
Mr. Miles thought a number of people would like to testify, not just those people who live in the
designated Urban Separator areas, because it is a regional issue. The people who use the park
are also affected by the Urban Separator policy and park users should be notified too.
Mr. Miles said the County's implementation of the Urban Separator was tied to zoning maps so
there shouldn't be any inconsistency in its application with the zoning. Many of the smaller lots
shown probably predate the Urban Separator designation. If the Urban Separator stays in place,
it will not down-zone property or take away development opportunity that doesn't already exist.
Mr. Miles requested that the one unit per acre zoning stay the same. He said the proposed
amendments are proposals to up-zone property, and the Urban Separator maintains the existing
zoning. The delineation within the City of the Urban Separator areas are clearly shown on the
maps which were in effect when the properties were annexed and the property lines have been
clearly traced.
Planning Committee,4/3/00 Page 4
Tom Brotherton asked what benefit Mr. Miles saw for the citizens of Kent by maintaining Urban
Separators as currently designated. Mr. Miles said there was tremendous benefits and the Urban
Separator policy was a wonderful policy that prevented communities from just growing together
so that one could go from Kent to Covington, or Kent to Auburn, and not have wall to wall
subdivisions. Urban Separators separate urban areas so that when people drive through them
there is a clear distinction of neighborhoods. That is the primary benefit to the citizens of Kent
as they come and go from their communities everyday. There are regional issues that also
benefit the City, such as the use of park and wildlife corridor buffers, fishery corridors, and
sensitive areas. The biggest benefit is a quality of life issue for the citizens of Kent to not have
cheek-to-jowl six unit multifamily developments, but to have some areas that are broken up. The
GMA talks about providing open space corridors even in the urban areas and the Urban
Separator is the answer to the GMA's requirement of providing those open space corridors.
Paul Morford, PO Box 6345, Kent, said he had lived on Soos Creek acreage for 30 years and
been on advisory committees with the County, particularly for the Soos Creek Trail. He said it
seems like the urban line has moved over the years. The growth is being squeezed into the urban
areas as much as possible, and unless people quit having babies, they will have to go someplace
so the line can move. It has seemed like a lot of things the City of Kent and the County have
done is with zoning. He was curious as to what the City might or might not do to his property
because it is in the next land annexation area.
Mary Saucier, 29615 142nd Avenue SE, wanted to know how much land in the Urban Separator
is government owned, and how many parcels were larger than the average size in Kent of 2.2
acres. A lot of the property in the Urban Separator area has property adjacent to it that was
zoned one per acre, but has been up-zoned and built upon. Ms. Saucier said she felt that the
property designated as Urban Separator has been discriminated against. Judy Woods stated that
the Soos Creek area belonged to the County. Mary Saucier asked how much of the 510 acres
was public property and how much was government property. Tom Brotherton asked Fred
Satterstrom if could find an answer to some of the questions for the next meeting.
Ardis Johnson, PO Box 5757, Kent, said that in trying to sell the last 8.6 acres of her family
farm, she has felt handicapped from being under the jurisdiction of individuals that are passing
judgement on how it should be done. She stated that 8.6 acres is a lot of Urban Separator,
especially since any building would have to be set back 75 feet from the property line. Also, on
her property there is a drop down and three 2 acre parcels that are Urban Separator. To the east
of that is a tree area that no one would be allowed to cut, then 1481h, and then the creek, which is
enough Urban Separator that the land should be able to substantiate itself with homes that are
affordable for the community. She said the area is a wonderful place to live and the tax base
would be attractive to Kent. Ms. Johnson asked for an open mind on what an Urban Separator is
and how much land should be set back from her property line. At the present time the density is
one unit per acre, but one unit per acre is prohibitive for keeping a market price when bringing in
utilities.
Tom Brotherton asked Ms. Johnson if she felt the Urban Separator policy was too broad and
encompassed too much area the way it was now written, and was inconsistent in its application.
Ms. Johnson replied that she is surrounded by homes at 4.5 units per acre density zoning, but she
Planning Committee,413100 Page 5
can't develop at that density because she waited a few extra years to do anything with her land.
If she had developed 10 years ago, there would be houses on the lots.
Jack Kastien, 20609 941h Avenue South, Kent, said the Committee needed to hear a philosophical
side of the issue for their deliberations. About 22 years ago, basically the same thing had
happened between San Mateo and San Jose. The county council took a tremendous amount of
heat in protecting some land, and there was a huge controversy. Today the freeway there is
considered the most lovely freeway in the United States, but the countryside is void. Mr. Kastien
posed the question of whether that was "a taking of land", and asked that the Committee consider
that it was not — any more than someone who invested 10 years ago in Microsoft could want
someone to indemnify them for a legal decision that may have gone against them. People can
own stock that goes down in value and nobody cares, even if it's done illegally, but some People
think if they own land they can do anything with it. Mr. Kastien asked that the Committee use
his thouehts in their deliberations to consider for the little land that's left, whether it would be a
taking to not allow someone who's owned land for a very long time to develop at a higher
density than one unit per acre. He said he looked at it as an investment that didn't pay off.
Tom Brotherton said stewardship and deciding how to be fair was one of the most important
things to the Committee. A great problem with the way the Urban Separators have been done is
that they are very inconsistent. In some areas they are a mile wide and in other areas less than 10
feet. That has to be reconciled with Kent's overall policy in trying to establish a reasonable
zone.
Tim Clark said he wanted to know what additional buildings had been built inside the Urban
Separator designation areas while they were under the County's jurisdiction and what building
permits were issued for densities ofmore than one unit per acre since the Growth Management
Act was passed in 1994. Fred Satterstrom said the GMA was passed in 1990, but the County
didn't do its own Comp Plan until 1994. King County doesn't have a map of designated Urban
Separators, but does have an automated permit process. A request can be filed for information,
but that might be difficult to get.
Judy Woods asked that the next time the Committee meets there would be alternatives or options
to consider in order to make a recommendation that could be sent to the Council. Tim Clark
commented that the City is already required to have setbacks from streams under the current law,
but that policy doesn't show on the maps. All of the land that has tributaries running into
streams are affected and that creates a distortion and is misleading. Tom Brotherton suggested
taking the map from the County that shows the Urban Separators and overlaying it on a map that
shows the sensitive area limitations. Fred Satterstrom said he could provide that kind of
information. The City has policies in its own Comprehensive Plan in the Parks and Open Space
category that recognize corridors of open space and linkages between parks. To some extent, the
City of Kent supports the concept of urban Separators and would probably state that the purpose
is a valid one. The issue is whether the City of Kent has some flexibility in interpreting where
Urban Separators are located, what the boundaries are, and what the density should be.
Tim Clark commented that the County's Urban Separator policy was a theory that ignored
previous development and then drew urban Separator zones. Fred Satterstrom said the County's
Planning Committee,4/3/00 Page 6
community planning section used aerial photographs to look at areas which had little or no
development and very low density. There could have been vested plats, but as Mr. Miles said,
the zoning could have been tied to planned designation and would have had to be conformed
prior to the application of the zoning.
Tom Brotherton asked whether there should be a public heating at the next meeting. Fred
Satterstrom said a public notice could be sent to everybody designated on the map with an
explanation of what Urban Separators are, as some people probably wouldn't know about them
or whether their property was designated as Urban Separator. Tim Clark stated there was no
reason to involve or notify people owning agricultural land as that land is irrelevant. Tom
Brotherton clarified that notification should be for those areas that can reasonably expect to
develop in the near future. Mr. Satterstrom suggested that the alternative or option adopted by
the Committee might determine whether or not a large public hearing would need to be held and
recommended that staff options be discussed first and then a decision made on the public
hearing.
Tom Brotherton asked that a recommendation be ready for the next meeting on options available
and their implications. Judy Woods clarified that the Committee was only concerned about the
policy. The Land Use and Planning Board would then take the policy of the Council to approve
or disapprove the different amendments when dealing with the two pieces of property in
question.
The meeting was adjourned at 5:58 PM.
Jackie Bicknell
City Council Secretary
PUBLIC WORKS COMMITTEE MINUTES
APRIL 17, 2000
COMMITTEE MEMBERS PRESENT: Chair Tim Clark, Connie Epperly, Rico Yingling
STAFF PRESENT: Don Wickstrom, Gary Gill, Cyndi Wilbur, Tom Brubaker, Jackie
Bicknell
PUBLIC PRESENT: Jim Rust, Elsy Rust
The meeting was called to order by Chair Tim Clark at 4:05 PM. There was one item
added to the agenda: Applications to Install Fiber Optic Lines.
Approval of Minutes of March 20. 2000.
Committee Member Connie Epperly moved to approve the minutes of March 20, 2000.
The motion was seconded by Committee Member Rico Yingling and passed 3-0.
Pacific Highway Land Acquisition — Authorization State Aid Agreement
Public Works Director Don Wickstrom said the Pacific Highway South Land Acquisition
Project Agreement was with the State to have them act on behalf of the City in
negotiations for the acquisition. Federal funds are involved in the project which make the
procedures lengthy and cumbersome, and the State is familiar with the process.
Rico Yingling moved to recommend authorization for the Mayor to sign the State
Aid Agreement approving the State to act as the City's agent in land acquisition for
the Pacific Highway South project. Connie Epperly seconded the motion and it
passed 3-0.
TIB Grant —Authorization Pacific Highway South
Don Wickstrom said about S2.5 million had been received to do design and right of way
acquisition on a section of Pacific Highway South from 252nd to 272"'. The grant is a
federally administered grant to the Transportation Improvement Board and must be
obligated to road projects. The Federal Grant is for S 1.5 million with the rest of the
money coming from a TIB Grant. Staff would like for the item to be placed on the next
Council Meeting agenda of April IS, 2000,
Connie Epperly moved to recommend to Council to authorize the Mayor to sign the
TIB Grant agreement, and to authorize staff to accept the grant and establish a
budget for the funds to be spent within said road improvement project. The motion
was seconded by Rico Yingling and passed 3-0.
Applications to Install Fiber Optic Lines
Deputy City Attorney Tom Brubaker said the City is starting to get a number of
applications to install fiber optic lines in the City's streets. Because that involves
— conveying an interest in real property, it needs to go to Council for approval. The
Public Works Committee, 4/17/00 Page 2
licensed agreements would allow installation of fiber optic lines in the City's right of
ways so Ion-, as the companies conformed to the existing license agreement form.
Connie Epperly moved to authorize the Attorney's Office to negotiate agreements
for acquisition of real property to expedite the installation of fiber optic lines to the
private sector subject to approval by the City Public Works Director. The motion
was seconded by Rico Yingling and passed 3-0.
The meeting was adjourned at 4:11 PM.
Jackie Bicknell
City Council Secretary
CONTINUED COMMUNICATIONS
A. P�ll � uo��
EXECUTIVE SESSION
A) Property Acquisition