HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 01/06/2009 It AGENDA
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°f t " Mayor Suzette Cooke
Debbie Ra lee, Council Preside
Councilrnernbers
Elizabeth Albertson Ron Harm" I'; 9
N Tim Clark Deborah ��nniger
Jamie Danielson Les Thomas:'
KEN T
W A S H I N O T O N
City Clerk's Office
i 40 '40 KENT CITY COUNCIL AGENDAS
■ KENT January 6, 2009
WASHINGTON Council Chambers
MAYOR: Suzette Cooke COUNCILMEMBERS: Debbie Rap lee, President
Elizabeth Albertson Tim Clark Jamie Danielson
Ron Harmon Deborah Ranniger Les Thomas
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NO WORKSHOP WILL BE HELD
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COUNCIL MEETING AGENDA
7:00 p.m.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. CHANGES TO AGENDA
A. FROM COUNCIL, ADMINISTRATION, OR STAFF
B. FROM THE PUBLIC - Citizens may request that an item be added
to the agenda at this time. Please stand or raise your hand to
be recognized by the Mayor.
4. PUBLIC COMMUNICATIONS
A. Public Recognition
B. Community Events
C. Employee of the Month
D. Economic Development Report and ShoWare Center Update
5. PUBLIC HEARINGS
None
6. CONSENT CALENDAR
A. Minutes of Previous Meeting - Approve
B. Payment of Bills - None
C. Subdivision Code Amendment, Streamlining, Ordinance - Adopt
D. Zoning Code Amendment, Hazardous Substance Land Use Facilities,
Ordinance - Adopt
' E. Surplus Vehicles - Authorize
F. 815t Avenue South Storm Revisions - Accept as Complete
G. South 2281h/Military Road Widening, Phase 2 - Accept as Complete
7. OTHER BUSINESS
None
8. BIDS
None
(Continued)
COUNCIL MEETING AGENDA CONTINUED
9. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
10. CONTINUED COMMUNICATIONS
11. EXECUTIVE SESSION AND AFTER EXECUTIVE SESSION
A. Labor Negotiations
12. ADJOURNMENT
NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's
Office and the Kent Library. The Agenda Summary page and complete packet
are on the City of Kent web site at www.ci.kent.wa.us.
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.
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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) PUBLIC RECOGNITION
B) COMMUNITY EVENTS
C) EMPLOYEE OF THE MONTH
D) ECONOMIC DEVELOPMENT REPORT & SHOWARE CENTER UPDATE
Kent City Council Meeting
Date January 6, 2009
Item No. 6A - 6B
CONSENT CALENDAR
6. City Council Actions:
Councilmember &A& moves, Councilmember C&J-
seconds to approve Co sent Calendar Items A through G.
Discussion
Action MCI
6A. Auaroval of Minutes.
Approval of the minutes of the regular Council meeting of December 9, 2008.
6B. Auoroval of Bills.
No numbers were available.
Kent City Council Meeting
KENT W A S H I N O T O N December 9, 2008
The regular meeting of the Kent City Council was called to order at 7:00 p.m. by
Mayor Cooke. Councilmembers present: Albertson, Clark, Danielson, Harmon,
Ranniger, Raplee, and Thomas. (CFN-198)
CHANGES TO THE AGENDA
A. From Council, Administration, Staff. (CFN-198) Hodgson pointed out that a
revision has been made to the property tax levy ordinance in the agenda packet
(Consent Calendar Item T) which now reflects the final tax levy figure.
B. From the Public. (CFN-198) There were no changes from the public.
PUBLIC COMMUNICATIONS
A. Public Recognition. (CFN-198) Mayor Cooke commended the Lions Club and
Bill Wescott, as well as Lee Anderson and all the other volunteers who were
involved in the recent Winterfest celebration.
B. Community Events. (CFN-198) Ranniger encouraged citizens to participate in
the Christmas Fun Run and Walk taking place next Saturday. The Mayor then
invited everyone to attend the opening of the ShoWare Center on January 2nd, and
Seattle Thunderbirds mascot Cool Bird presented Councilmember Danielson with a
Thunderbirds jersey.
C. Introduction of Appointee. (CFN-839) Mayor Cooke introduced Jackie
Argueta, her appointee to the Kent Arts Commission.
D. Employee of the Month. (CFN-147) Council President Raplee announced that
Administrative Assistant Julie Pulliam has been chosen as Employee of the Month
for December, and commended her for her dedication and hard work. After
comments from Ben Wolters, Ms. Pulliam was presented with the Employee of the
Month award.
PUBLIC HEARINGS
A. LID 363 — South 224t" Street Project/East Valley Highway to SR-515
Formation. (CFN-1308) Deputy Public Works Director LaPorte explained that the
need for this project to connect the East Hill/Soos Creek plateau with the SR 167/
I-5 freeways was forecast in the mid 1980's, and that since 1986, each develop-
ment within the benefit area was required to sign an Environmental Mitigation
Agreement to fund a portion of the project cost and not to protest the formation of
a Local Improvement District that would provide for payment of the obligation over
time.
Engineering Supervisor Chad Bieren provided financial information, and the type of
properties which have and have not paid their obligations. Mark Howlett gave an
overview of the public outreach up to this point, and the schedule if the LID is
formed.
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Kent CityCouncil Minutes December 9 2008
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The City Attorney explained the LID process and the purpose of this hearing.
LaPorte noted for Danielson that the LID is a payment method, and that if the LID
is not formed, collection of the Environmental Mitigation Agreements would most
likely begin. Albertson moved to make the letters of protest from Public Storage
and from Oleg and Nadia Leonov a part of the public record. Clark seconded and
the motion carried.
Mayor Cooke opened the public hearing. Kirt Butler, 21915 95t" Place South, said
his property will not benefit from the improvements. Ed Kosnoski, who had signed
up to speak, chose not to comment. There were no further comments from the
audience, and Raplee moved to close the public hearing. Harmon seconded and
the motion carried.
Ranniger moved to adopt Ordinance No. 3896 authorizing the formation of Local
Improvement District No. 363, S. 224th Street Project, and ordering construction of
the project improvements. Raplee seconded. Clark noted that the road is not up
to safety standards and that it must be improved. Ranniger spoke of the benefits
to the community and Harmon opined that it is a good compromise. Ranniger's
motion then carried.
CONSENT CALENDAR
Raplee moved to approve Consent Calendar Items A through V including the
revision to the property tax levy ordinance in Item T. Clark seconded and the
motion carried.
A. Approval of Minutes. (CFN-198) Minutes of the regular Council meeting of
November 18, 2008, were approved.
B. Approval of Bills. (CFN-104) Payment of the bills received through
October 15 and paid on October 15 after auditing by the Operations Committee on
November 4, 2008 were approved.
Checks issued for vouchers were approved:
Date Check Numbers Amount
10/15/08 Wire Transfers 3446-3465 $5,786,071.62
10/15/08 Regular Checks 625333-625870 2,826,331.67
Use tax Payable 2,937.25
$8,615,340.54
Payment of the bills received through October 31 and paid on October 31 after
auditing by the Operations Committee on November 18, 2008, were approved.
Checks issued for vouchers were approved: f
Date Check Numbers Amount
10/31/08 Wire Transfers 3466-3486 $1,858,424.52
10/31/08 Regular Checks 625871-626541 4,737,575.31
Void Checks -799.00
Use tax Payable 760.11
$6,595,960.94
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Kent CityCouncil Minutes December 9 2008
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Checks issued for payroll for October 1 through October 15 and paid on October 20,
2008, were approved:
Date Check Numbers Amount
10/20/08 Checks 308063-308336 $ 211,628.36
10/20/08 Advices 238078-238838 1,517,839.82
$1,729,468.18
Checks issued for interim payroll for October 7 and paid on October 7, 2008, were
approved:
Date Check Numbers Amount
10/7/08 Void Check $ -466.25
10/7/08 Reissue Check 308062 466.25
$ 0
Checks issued for payroll for October 16 through October 31 and paid on
November 5, 2008, were approved:
Date Check Numbers Amount
11/5/08 Checks 308337-308605 $ 216,968.52
11/5/08 Advices 238839-239599 1,532,369.89
$1,749,338.41
C. LID 359, 116th Avenue SE Improvements Ordinance. (CFN-1300)
Ordinance No. 3897 confirming the final assessment roll for LID 359, 116th Avenue
SE Improvements and adopting the City Council's findings and conclusions
regarding that roll was adopted.
D. Kent Arts Commission Appointment. (CFN-839) The Mayor's appointment
of Jacqeline (Jackie) Argueta to the City of Kent's Arts Commission was confirmed.
She will serve a one-year term as the youth member on the Arts Commission from
October 21, 2008, through October 31, 2009.
E. Highrid4e Terrace Bill of Sale. (CFN-484) The Bill of Sale for Highridge
Terrace for 293 linear feet of watermain, 1 hydrant, 287 linear feet of sanitary
sewer, 2 manholes, 17 linear feet of storm sewer, and 1 catch basin was accepted.
The project is located at 116 SE 266th Place.
F. Kent Covenant Church Bill of Sale. (CFN-484) The Bill of Sale for Kent
Covenant Church for 268 linear feet of sanitary sewer and 2 manholes was
accepted. The project is located at 12010 SE 240th.
G. "Comcast Cares Day" Donation. (CFN-104) The $5,050.50 from the Kent
Parks Foundation toward the purchase of playground equipment at Lake Meridian
Park was accepted, and the expenditure of funds in the Lake Meridian Playground
Equipment budget was approved.
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Kent City Council Minutes December 9, 2008
H. King County 4Culture 2008 Performance Network Grant. (CFN-118) The
$9,250 from King County 4Culture to reimburse the Kent Arts Commission for three
site specific performance network pieces was accepted and the expenditure of these
funds in the Arts Commission budget was approved.
I. Aukeen and Kent Municipal Court Expansion Project Agreement.
(CFN-983) The Mayor was authorized to sign an agreement with David Clark
Architects PLLC, in the amount of $669,227, for design, bidding, and construction
services relative to the expansion of the Aukeen and Kent Municipal Court facilities,
subject to final terms and conditions acceptable to the City Attorney.
J. Avalon (aka/Orme) Court Final Plat (Quasi-judicial). (CFN-1272) The
final plat mylar for Avalon Court was accepted and the Mayor was authorized to
sign the mylar. The Hearing Examiner recommended approval for Charter Homes,
Inc. to subdivide approximately 5.67 acres into 26 single-family residential lots.
The property is located at 25410 132nd Avenue SE.
K. Subdivision Code Update, Phase I, Short Plat Expiration Period
Extension Ordinance. (CFN-458) Ordinance No. 3898 amending Sections
12.04.215 and 12.04.525 of the Kent City Code, both entitled "Short subdivision
plat expiration," to extend the preliminary plat approval period from two (2) years
to four (4) years, and extending the approval period for currently pending short
plats by an additional two (2) years was adopted.
L. East Valley Highway Puget Sound Energy Facility Relocation Agreement.
(CFN-1308) The Mayor was authorized to sign an agreement with Puget Sound
Energy (PSE) to relocate existing PSE facilities located on easements along East
Valley Highway to new locations in order to make way for roadway widening, upon
agreement of terms and conditions acceptable to the Public Works Director and City
Attorney. East Valley Highway will be widened to 7-lanes from South 212th Street
to South 224th Street.
M. 2009 Water Treatment Chemical Contract with Eaua-Chlor. (CFN-675)
The Mayor was authorized to sign the 2009 Water Treatment Chemical Supply
Agreement with Equa-Chlor, in the amount of $114,000, for 25% Sodium
Hydroxide, subject to agreement of terms and conditions acceptable to the City
Attorney and the Public Works Director.
N. 2009 Water Treatment Chemical Contract with Cascade Columbia
Distribution. (CFN-675) The Mayor was authorized to sign the 2009 Water
Treatment Chemical Supply Agreement with Cascade Columbia Distribution, in the
amount of $36,810.80, for Sodium Fluoride and Potassium Permanganate, subject
to agreement of terms and conditions acceptable to the City Attorney and the
Public Works Director.
O. Transit Service Agreement with King County for Route 918. (CFN-171)
The Mayor was authorized to sign the Transit Service Agreement with King County
for Route 918, subject to agreement of terms and conditions acceptable to the City
Attorney and the Public Works Director.
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Kent CityCouncil Minutes
December 9, 2008
P. Washina ton Traffic Safety Commission '"X-52" Grant. (CFN-122) The
Washington Traffic Safety Commission "X-52" Grant in the amount of $5,003 was
accepted, the budget to authorize expenditure of the grant funds was amended,
and the Mayor was authorized to sign all necessary documents.
Q. Seattle Police Department Cost Reimbursement and Service Agreement.
(CFN-122) Reimbursement from the Seattle Police Department, in an amount not
to exceed $5,000, to assist in the investigation and prosecution of gang related
L crime through a multi-jurisdictional Special Gang Enforcement Taskforce was
accepted and the Police Chief was authorized to sign all necessary documents.
R. Homeland Security Sub Grant. (CFN-122) A reimbursable grant, not to
exceed $50,000 from the King County Office of Emergency Management for
continuation of the Community Emergency Response Team (CERT) training "bulk
buy" program was accepted.
S. Washington Dental Service Contract. (CFN-147) The Mayor was authorized
to sign the Washington Dental Services 2009-2011 Administrative Services
Agreement, subject to final terms and conditions acceptable to the City Attorney.
T. 2008 Property Tax Levy Ordinances. (CFN-104) Ordinance No. 3899
authorizing the statutory 1% increase in the property tax levy rate was adopted,
and Ordinance No. 3900, as amended, levying the property tax levy for collection in
2009 was adopted.
State law requires a separate ordinance to authorize any increase in property tax.
The first ordinance authorizes an increase in the regular property tax to 1% over
the previous year's maximum allowed tax levy. The second ordinance levies the
tax for 2009 collection. The estimated levy is $27,170,338 for the General Fund
and $600,000 for the Debt Service funds, for a total of $27,770,338. These are the
preliminary numbers per King County Assessor's Office.
U. Aukeen Court Lease Agreement. (CFN-983) The Mayor was authorized to
sign a twenty (20) year lease agreement with King County for space within the
Aukeen District Court, subject to final lease terms and conditions acceptable to the
City Attorney.
The City has leased space at the Aukeen District Court since 1998. Both King
County and the City have identified needs for additional courtrooms and regular
office space and public space. The City will fund and manage the scope of work,
timeline, and budget. Additionally, the City has a right of first offer to purchase.
V. 72nd Avenue Left Turn Lane. (CFN-1269) The 72"d Avenue Left Turn Lane
Project was accepted as complete and release of retainage to Road Construction
NW, upon receipt of standard releases from the state and release of any liens was
authorized. The original contract amount was $527,353.96. The final contract
amount was $413,742.07.
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Kent City Council Minutes December 9 2008
OTHER BUSINESS
A. Collection Agency Services Agreement. (CFN-234) Finance Director
Nachlinger explained that the proposed collection agency agreement with
AllianceOne would provide assistance in collecting past due and delinquent City
billings, and would allow the City to retain full control over which accounts are
referred for collection. He noted for Clark and Albertson that there is no policy
which would determine what would be forwarded to the collection agency. He
clarified that although the Court has a contract with AllianceOne, the Finance
Department cannot join in it, and noted that they work with customers routinely to I
make payment arrangements in order to avoid shut-offs. Raplee moved to
authorize the Mayor to sign a contract with AllianceOne Receivables Management,
Inc., to provide debt collection services for all non-court related debts referred by
the City, subject to final contract terms and conditions acceptable to the City
Attorney. Thomas seconded. Clark said he would like to know the policy prior to
moving forward on this. The motion then carried 5-2 with Albertson and Clark
opposed.
B. Utility Rate Adjustments. (CFN-565) Finance Director Nachlinger explained
that various rate increases have been proposed for water service and storm water
fees in conjunction with approval of the 2009 budget. He said the water rates are
to be implemented over a six-year period with the base fee increasing by fifteen
percent annually and the system development charges being increased with the
passage of the ordinance. Clark pointed out that the City faces a National Pollution
Discharge Permit, without which the City would be out of compliance with the
Water Plan and other plans, with the potential to be fined and be ineligible for
grants. Public Works Director Blanchard explained other consequences, including
higher rates for businesses to get flood insurance. Blanchard stated for Harmon
and Raplee that if implementation of the water and drainage rates and fees were
delayed to April lst, there would only be enough funds to start design until that
additional revenue starts being collected, and that the August deadlines could be
met.
Raplee moved to adopt Ordinance 3901, which amends various fees and rates
established by the Kent City Code concerning water and drainage rates and fees,
which amendments shall be assessed and collected beginning April 1, 2009.
Thomas seconded. Ranniger expressed hope that there will be an improvement in
the economy by April; Clark said the delay will hurt the City; Thomas noted that
April is a compromise, as some wanted the delay to begin in June. Upon a roll call
vote, the motion carried 4-3 with Albertson, Clark and Danielson opposed and
Harmon, Ranniger, Raplee and Thomas in favor.
C. 2009 Budget. (CFN-186) The proposed ordinance would adopt the City's 2009
Budget, which includes the Preliminary Budget document with amendments. Mayor
Cooke stated that the budget she is presenting to Council tonight has been revised
since receiving Council input. She explained steps that have been taken in 2008 to
cut expenses and issues which will be monitored during 2009, including sales tax
revenue, permit and plan check fees, criminal justice fees, streamlined sales tax
mitigation, sentencing guidelines, annexation, and unfunded mandates. She noted
that the budget is a plan, and that adjustments can be made if revenues do not
keep pace with predictions.
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Kent City Council Minutes December 9 2008
Finance Director Nachlinger noted that Exhibit B of the proposed ordinance shows
the revisions made to the budget since it was presented in September. He said he
anticipates a downturn in sales tax revenue in the first and second quarter of 2009,
and growth in sales tax revenue in the third and fourth quarter, resulting in a flat
revenue. Raplee moved to adopt Ordinance No. 3902 adopting the 2009 Budget.
Thomas seconded.
Clark voiced concern about the impact of the proposed budget, noting that there
are no long term plans to deal with some of the challenges the City is facing. He
described the challenges and stated that monthly reports are a reaction, not a plan.
He acknowledged that Administration has made a very sincere effort, but said he
can't vote for the budget the way it is.
Ranniger said this is an opportunity for collaboration and innovation. She sug-
gested shopping locally, exploring resources within the city, and recycling. She
said there is no reason to slash the budget when the future is unknown. Albertson
spoke against the proposed budget, saying it is not proactive and is unrealistic.
Raplee said that the revisions already made to the budget are a good first step,
that monthly reviews will keep the Council informed, and that adjustments to the
budget can be made at any time. Danielson said the City should be fiscally
conservative, opined that further cuts are going to be necessary in the future, and
said that adopting the proposed budget is simply pushing off pain that could be
dealt with now.
Harmon spoke in favor of the proposed budget, and said he will be monitoring
expenditures and revenue monthly. Thomas also referred to the monthly reports
Councilmembers will be receiving, and stressed that the budget is flexible and can
be adjusted later.
Upon a roil call vote, the motion to adopt Ordinance No. 3902 passed 4-3 with
Harmon, Ranniger, Raplee and Thomas in favor, and Albertson, Clark and Danielson
opposed.
D. Comprehensive Plan/Capital Facilities Element Amendment and Update
to Chapter 12.13. (CFN-775,961,1000) Planning Manager Charlene Anderson
explained that the first proposed ordinance amends the Capital Facilities Element of
the Comprehensive Plan to include the amended Capital Facilities Plans of the Kent,
Federal Way, and Auburn School Districts, and that the second proposed ordinance
amends the school impact fee scheduled to reflect changes in the three school
districts' Capital Facilities Plans. She clarified for Clark and Harmon that the reason
for the impact fees is that development impacts schools, and that the City retains
none of the funds. Albertson then moved to adopt Ordinance No. 3903 amending
the Capital Facilities Element of the Comprehensive Plan to include the amended
Capital Facilities Plans of the Kent, Federal Way and Auburn School Districts. Clark
seconded and the motion carried. Albertson then moved to adopt Ordinance
No. 3904 amending the school impact fees established in Section 12.13.160 of the
Kent City Code to reflect changes in the Kent, Federal Way and Auburn School
Districts' Capital Facilities Plans. Clark seconded and the motion carried.
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Kent City Council Minutes December 9, 2008
E. Comprehensive Plan Amendments to Include 2009-2014 Capital
Improvement Plan. (CFN-377,775,961) Planning Manager Charlene Anderson
explained that the proposed ordinance amends the Capital Facilities Element to
include the City's Capital Improvement Plan for 2009-2014. Albertson moved to
adopt Ordinance No. 3905, amending the Capital Facilities Element of the
Comprehensive Plan to include the City's Capital Improvement Plan for 2009-2014.
Harmon seconded and the motion carried.
F. ShoWare Food & Beverage Agreement with SMG/Savor. (CFN-1305)
Economic Development Director Ben Wolters explained the process used to select
the food and beverage operator for the ShoWare Center, and announced that
Savor, the food and beverage service division of SMG, has been chosen. He
described Savor and their experience, and outlined the terms of the contract. He
explained that Savor will invest $700,000 in food and beverage equipment, and
outlined those items for Harmon. Clark moved to authorize the Mayor to sign the
Food and Beverage Agreement with SMG/Savor, subject to final terms and condi-
tions acceptable to the City Attorney, and ratify all acts consistent with this motion.
Raplee seconded and the motion carried.
REPORTS
A. Council President. (CFN-198) No report was given.
B. Mayor. (CFN-198) Mayor Cooke noted that residential parking decals are
being mailed to the North Park neighborhood this week, and that the Game of Life
Workshop is being held at Kent Commons this week. She also displayed Police
Youth Board brochures and commended Police Sgt. Bill Blowers for his training at
the Regional Justice Center.
C. Operations Committee. (CFN-198) Clark told Councilmembers they must
attend the Suburban Cities Association meeting on the first Wednesday in January
at SeaTac City Hall if they are interested in serving on a committee.
D. Parks and Human Services Committee. (CFN-198) Ranniger noted that
there will be no committee meeting in December, and that the next meeting will be
at 5:00 p.m. on the third Thursday in January.
E. Planning and Economic Development Committee. (CFN-198) No report
was given.
F. Public Safety Committee. (CFN-198) Harmon noted that the next meeting
will be held on the second Tuesday in January.
G. Public Works Committee. (CFN-198) Ranniger noted that the next meeting
will be held at 5:00 p.m. on December 15.
H. Administration. (CFN-198) Hodgson said a list of projects has been prepared
in anticipation of a federal economic stimulus package, and noted that the City's
employees increased their annual giving by 20% this year, resulting in a donation
of more than $56,000 to local charitable organizations. He said there are three
8
Kent CityCouncil Minutes December 9 2008
,
items of labor negotiations for discussion during the Executive Session, and said
action is anticipated on one. He estimated the length of the Executive Session to
be 15 minutes.
EXECUTIVE SESSION
The meeting recessed to Executive Session at 9:35 p.m. and reconvened at
10:00 p.m. (CFN-198)
ACTION AFTER EXECUTIVE SESSION
Clark moved that Council authorize the Mayor to sign a three-year collective
bargaining agreement with the International Association of Fire Fighters Local
1747, Fire Division Chiefs Unit, effective January 1, 2009 to December 31, 2011,
subject to approval as to form by the City Attorney's Office, and to adjust the
budget accordingly. Albertson seconded and the motion carried. (CFN-122)
ADJOURNMENT
The meeting adjourned at 10:01 p.m. (CFN-198)
Brenda Jacober, CMC
City Clerk
9
Kent City Council Meeting
Date January 6, 2009
Category Consent Calendar - 6C
1. SUBJECT: SUBDIVISION CODE AMENDMENT, STREAMLINING, ORDINANCE -
ADOPT
i2. SUMMARY STATEMENT: Adopt Ordinance No. which amends
Chapter 12.04 of the Kent City Code to update the City's subdivision provisions by
removing redundancy, updating application submittal requirements, and revising
for consistency with State of Washington regulations.
3. EXHIBITS: Ordinance; Minutes of 12/1/08 PEDC meeting and 11/24/08 LUPB
meeting; and Staff memos dated 11/26/08, 11/17/08, & 10/20/08
4. RECOMMENDED BY: Planning & Economic Development Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes _ No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
ORDINANCE NO.
AN ORDINANCE of the City Council of the City of
Kent, Washington, amending Chapter 12.04 of the Kent City
Code, entitled "Subdivisions, Binding Site Plans, and Lot Line
Adjustments," to update the code by removing redundancy,
updating application submittal requirements, and revising for
consistency with state of Washington regulations.
RECITALS
A. The City of Kent's subdivision code, Chapter 12.04 Kent City
Code (KCC) provides rules, regulations, requirements, standards and
procedures for subdividing land, obtaining binding site plans, and
adjusting lot lines in the City. This update to the subdivision code
generally includes consolidation of sections, reduction of redundancy,
removal of standards that are contained in other adopted regulatory
documents, update of application submittal requirements, and revision
for consistency with State regulations.
B. The State Environmental Policy Act (SEPA) responsible official
has determined that the proposed code amendments are procedural in
nature and further SEPA analysis is not required for these code
amendments.
C. On October 3, 2008, the City requested expedited review
from the state of Washington under RCW 36.70A.106 of the City's intent to
1 Subdivision Code Update
Chapter 12.04 KCC
adopt amendments to the subdivision code. Approval for expedited review
was granted on October 23, 2008.
D. The Land Use and Planning Board considered these updates to
the subdivision code at its workshops on October 27, 2008, and November
10, 2008, and the Board held a public hearing on November 24, 2008. The
Planning and Economic Development Committee considered the issues and
the recommendation of the Board on December 1, 2008, and the City
Council adopted these amendments at its meeting on December 9, 2008.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Chapter 12.04 of the Kent City Code is
amended as follows:
CHAPTER 12.04
SUBDIVISIONS, BINDING SITE PLANS,
AND LOT LINE ADJUSTMENTS
Article I. General Provisions
Sec. 12.04.010. Title. This code shall be hereinafter known as
the city of Kent subdivision code. '
Sec. 12.04.015. Purpose. The purpose of this chapter is to
provide rules, regulations, requirements, standards, and procedures for
subdividing land, for obtaining binding site plans, and for adjustments of
lot lines in the city, ensuring:
1A. That the highest feasible quality in subdivisions will be attained;
2B. That the public health, safety, general welfare, and aesthetics of the
city shall be promoted and protected;
2 Subdivision Code Update
Chapter 12.04 KCC
3C. That orderly growth, development, and the conservation, protection,
and proper use of land shall be promoted;
4D. That proper provisions for all public facilities, including connectivity,
circulation, utilities, and services, shall be made;
§E. That maximum advantage of site characteristics shall be taken into
consideration; and
6F. That the process shall be in conformance with provisions set forth in
KCC Title 15, Zoning, and the comprehensive plan.
Sec. 12.04.020. 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.
Unless otherwise indicated and as provided by RCW 58.17.040, the
provisions of this chapter do not apply to:
j �A. Cemeteries and burial plots while used for that purpose;
-2B. Divisions made by testamentary provisions, or the laws of descent;
3C. Division of land due to condemnation or sale under threat thereof,
by an agency or division of government vested with the power of
condemnation;
4D. Divisions of land into lots or tracts classified for industrial or
commercial use when the city has approved a binding site plan for the use
of the land;
3 Subdivision Code Update
Chapter 12.04 KCC
SE. Condominium developments, pursuant to either Chapter 64.32 or
64.34 RCW, that are subject to an approved binding site plan...1
6F. Divisions of land into lots or tracts each of which is five (5) acres or
larger if the land is not capable of description as a fraction of a section of
land
4G. A division for the purpose of lease when no residential structure
other than mobile homes or travel trailers are permitted to be placed upon
the land when the city has approved a binding site plan...;
4H. A division for the purpose of leasing land for facilities providing
personal wireless services while used for that purpose...: and
91. A division of land into lots or tracts of less than three (3) acres that
is recorded in accordance with Chapter 58.09 RCW and is used or to be
used for the purpose of establishing a site for construction and operation
of consumer-owned or investor-owned electric utility facilities.
Sec. 12.04.025. 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:
A. Active recreation activities shall mean all outdoor recreational
activities which involve field and court games.
B. Alley shall mean a public or private way not more than thiFty-twenty
(320) feet wide at the rear or side of property affording only secondary
means of vehicular or pedestrian access to abutting property.
C. Binding site plan shall mean a scaled drawing which: (a) identifies
and shows the areas and locations of all streets, r-eads; improvements,
utilities, open space, and any other matters specified in this chapter; (b)
contains inscriptions or attachments setting forth such appropriate
4 Subdivision Code Update
Chapter 12.04 KCC
limitations and conditions for the use of the land as established by the city
through the approval process; and (c) contains provisions which require
any development be in conformity with the binding site plan.
D. Binding site plan committee shall be a committee consisting of the
planning manager, who shall be the chairperson, one (1) member of the
land use and planning board, the building official, public works director,
parks and community services director, and the fire chief, or et#e�their
' designated representatives.
E. Block shall mean a group of lots, tracts, or parcels within well-
defined and fixed boundaries.
' F. Circulation shall mean any of a number of quantitative measures
that characterizes the frequency of transportation mode trips, the duration
of a mode trip, and path choices made between two (2) or more activity
spaces. Traffic counts usually indicate a measure of circulation.
G. Clustering or cluster subdivision shall mean a development or
division of land in which residential building lots are reduced in size and
concentrated in specified portion(s) of the original lot, tract, or parcel.
' H. 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.
I. Community park shall mean a park 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
5 Subdivision Code Update
Chapter 12.04 KCC
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.
J. 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 ,
Chapter 36.70A RCW. The term also includes adopted subarea plans
prepared in accordance with Chapter 36.70A RCW. a
K. Connectivity shall mean subdivismens whieh are eei neeted--the
connection of neighborhoods by through streets, easements, or other
rights-of-way, to activity centers including other subdivisions, '
neighborhood centers, shopping centers, transit stops, recreational spaces,
and other public facilities. Such connections shall have a character that is
pedestrian-friendly and that provide a sense of location.
where impr-aetieal.
feet wide sidewalks (en beth sides ef StFeets fr-enting deyeleped lets) and
r to etme
B. In Tease ee Tom;r` tether tfflvel fnedes.
6 Subdivision Code Update
Chapter 12.04 KCC '
ld
Z. CfDUTvi's'Fen ITfCGLf'ITe TL'T'CTTCr than eTTethe neaFest paF!( and Fide let.
•
' L. 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.
M. Dedication shall mean a deliberate conveyance of land
by its owner for any general and public uses, reserving to himself the
owner 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.
N. Division of land shall mean the subdivision of any parcel of land into
two (2) or more parcels.
0. Final plat or final short plat shall mean the final drawing of the
subdivision or short subdivision and dedication prepared for filing for
' record with the King County auditerrecorder's office and containing all
elements and requirements set forth in this chapter.
7 Subdivision Code Update
Chapter 12.04 KCC
P. Hearing examiner shall mean the person appointed by the mayor, or
his or her designee, to conduct public hearings on applications outlined in ,
Gh. 2.32 KCC 2.32 which creates the hearing examiner, and who prepares
a record, findings of fact, and conclusions on such applications. ,
peFeent at any peint.
0. Homeowners' association shall mean an incorporated nonprofit ,
organization operating under recorded land agreements through 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.
R. Land use and planning board shall mean that body as defined in the
Kent City Code Chapter 2.57. ,
S. Lot shall mean a fractional part of divided lands having fixed
boundaries, being_ of sufficient area and dimension to meet minimum
zoning_ requirements for width and area. The term shall include tracts or
parcels. par-eel ef 'and ef at 'east suffeeient size te Fneet mini - . -9
Bens St vT
8 Subdivision Code Update
Chapter 12.04 KCC ,
„f rd. ef
,. .
pr-evided
' .
par-eel be
T. Lot, corner shall mean a lot abutting upon two (2) or more public or
private 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.
U. Lot, frontage shall mean the front of a lot which shall be that portion
1 nearest t e-a public or private street or, if the lot does not abut a street,
the portion nearest an ingress/egress tract or easement. On a corner lot,
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
see of a eeFne_ let city has the -authority of determining which part
of the lot fronting on a street shall become the lot frontage.
V. 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.
W. Lot lines shall mean the property lines bounding the lot.
X. Lot measurements shall mean:
9 Subdivision Code Update
Chapter 12.04 KCC
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 ,
rearmost 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 right-of-way line shall not be less than eighty
(80) percent of the required lot width except in the case of lots fronting on
the turning eir-ele ef cul-de-sacs or curves, where eighty (80) percent of ,
requirements shall not apply. However, the provisions of KCC
15.04.180.37 apply to lot widths within the SR-4.5. SR-6 and SR-8 zoning
districts.
Y. Lot of record shall mean a parcel of land that has been considered a
lot in accordance with the subdivision short subdivision or other land
segregation laws in existence at the time the lot was created, or a parcel
described as a fractional portion of a Section as described in the Public ,
Land Survey System.
of wh-eh has been se Feeer-ded.
Z. Lot, through shall mean a lot that has both ends fronting on a '
street. Either end may be considered the front as determined by the City.
AA. Meander line shall mean a line along a body of water intended to be ,
used solely as a reference for surveying as defined in the Manual of
Instructions for Surveying the Public Lands (1973) or its successor.
BB. Neighborhood park shall mean a park 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
10 Subdivision Code Update
Chapter 12.04 KCC '
the park. Access is primarily by foot or bicycle, so the park is usually no
further than one-half (1/2) 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 may_include play equipment, picnic tables, shelters,
hard courts (basketball, tennis), walking trails, and open grassy areas.
CC. 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 or easements as
may be shown thereon.
DD. 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.
EE. Park service area shall mean those areas defined by arterial streets
or geographic features, and which are identified in the comprehensive park
and recreation plan, that a neighborhood park or community park is
intended to serve.
FF. Performance bond or guarantee shall mean that security which may
be accepted in lieu of a requirement that certain improvements be made
before the final plat is approved and signed, including performance bonds,
escrow agreements and other similar collateral or surety agreements. See
' the Construction Standards for detailed requirements.
' GG. Piggyback or accumulative short subdivision shall mean multiple
short subdivision of contiguous land under common ownership. Ownership
11 Subdivision Code Update
' Chapter 12.04 KCC
for purposes of this section shall mean ownership as established at the 1
application submittal date of the initial short subdivision approval.
HH. Plat shall mean a map or representation of a subdivision, showing
thereon the division of a tract or parcel of land into lots, tractsb+eeks, ,
streets and alleys, or other divisions and dedications.
II. Preliminary approval shall mean the official favorable action taken ,
— Y PP
on the preliminary plat of a proposed subdivision, FRetes and be nds '
by the 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.
JJ. Preliminary plat shall mean a neat and scale drawing of a ,
proposed subdivision showing the general layout of streets and alleys, lots,
beeksm,tracts, —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. ,
KK. Short plat shall mean the map or representation of a short
subdivision.
LL. 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 stormwater dgin ,
facilities are not included in the number of lots created.
MM. Short subdivision, type I shall mean the division of land into four (4) ,
or less lots, tracts, parcels, sites, or divisions for the purpose of sale,
12 Subdivision Code Update
Chapter 12.04 KCC '
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 stormwater etefftief�-facilities are
not included in the number of lots created.
NN. Short subdivision, type II 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 stormwater
deten'tien are not included in the number of lots created.
00. Short Subdivision Committee shall be a committee consisting of the
planning manager, who shall be the chairperson,one (1) member of the
land use and planning board, public works director, parks and community
services director, and the fire chief, or their designated representatives.
PP. Street shall mean a public or private way
right which affords a primary means of access to property.
QQ. 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; , that subdivisiens ef less than
ten (10) par-eels may be defined as sheFt . 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 stormwater
d ,-facilities are not included in the number of lots created.
RR. Subdivision, phased shall mean a subdivision, which is developed in
increments over a period of time.
13 Subdivision Code Update
Chapter 12.04 KCC
SS. 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. The tentative plat is reviewed at a pre-
application conference.
TT. Title report shall mean a certified report from a bonded title agency
showing recorded title holder and all encumbrances and defects that exist
on the land.
UU. Tract shall mean
land reserved for specified uses including, but not limited to,
future development, recreation, open space, sensitive areas surface water
retention, utility facilities and access. Tracts are not considered building '
sites for purposes of residential dwelling unit construction.
VV. 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 (1)
park or neighborhood. Trails are intended to be used by bicycles,
rollerskaters, ep.4pedestrians, and the like. Use by motorized vehicles is
prohibited.
WW. Urban separators shall mean low-density lands that define
community or municipal identities and boundaries, protect adjacent '
resource lands, rural areas, and environmentally sensitive areas, and
create open space corridors within and between urban areas which provide
environmental, visual, recreational, and wildlife benefits.
Sec. 12.04.030. 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. 12.04.035. City functions. '
14 Subdivision Code Update
Chapter 12.04 KCC
A. Planning services office. The planning services office is responsible
for the administration and coordination of this chapter unless another
department or division 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
P P p 9
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.
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.
IF. Binding site plan committee. The binding site plan committee is
authorized to hold a public meeting and make a final decision on all
binding site plans.
' FG. Hearing examiner. The hearing examiner is authorized to hold a
public hearing and make a final decision on subdivision preliminary plats.
6H. City council. The city council shall conduct any closed record appeal
1 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.
Sec. 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
15 Subdivision Code Update
Chapter 12.04 KCC
chapter by any person, firm, corporation, or association, or any agent 1
thereof, shall constitute a civil violation under G;. 1.04 KCC 1.04 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 Chapter 58.17 RCW, or any
provision of this chapter, relating to 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 Chapter
58.17 RCW, or any provision of this chi pter, shall be deemed a separate t
and distinct offense.
Sec. 12.04.045. Liability. Thisl 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. 12.04.050. 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 for planned unit developments.
Sec. 12.04.055. Mobile 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.
Sec. 12.04.060. Onsite recreation and open space
requirements.
16 Subdivision Code Update
Chapter 12.04 KCC '
A. Approval of all subdivisions and short subdivisions located in single-
family residential zones as defined in KCC Title 15, Zoning, shall be
contingent upon the subdivider's creation and development of onsite
recreation space or paying approved fees in lieu of these provisions 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 (1) dwelling units on lots being created that include forty-three
thousand five hundred sixty (43,5680) square feet or more, and (2)
planned unit developments.
B. When required, residential subdivisions and short subdivisions shall
provide recreation space for leisure, play, and sport activities as follows:
four hundred fifty (450) square feet per dwelling unit.
' C. Recreation space shall be placed in a designated recreation space
tract or tracts. The tract(s) shall be owned by a homeowners' association
or other workable organization acceptable to the planning manager to
provide continued maintenance of the recreation space tract.
D. Recreation space located outdoors and not part of a stormwater
tract developed in accordance with subsection (F) of this section shall:
1. Be of a grade and surface suitable for recreation
improvements and have a maximum grade of five (5) percent or as
otherwise approved by the planning manager and parks and community
services director;
2. Be on the site of the proposed development unless otherwise
' approved by the planning manager and parks and community services
director;
3. Be located in an area where the topography, soils, hydrology,
and other physical characteristics are of such quality as to create a flat,
dry, obstacle-free space in a configuration which allows for passive and
active recreation;
17 Subdivision Code Update
Chapter 12.04 KCC
4. Be centrally located or accessible and convenient to the
majority of residents within the development;
5. Have good visibility from Fetes-streets and sidewalks;
6. Have no dimensions less than thirty (30) feet, except trail
segments or as otherwise approved by the planning manager and parks
and community services director;
7. Be located in one (1) designated area, unless the planning
manager and parks and community services director determine that the
residents of a large subdivision, townhouse development, or apartment
development would be better served by multiple areas developed with
recreation or play facilities; and '
8. Be accessible, via trail or walkway, to any existing or planned
municipal, county, or regional park; public open space; or trail system t
adjacent to the subdivision or short subdivision.
E. Recreation space shall be improved with both active and passive
areas designed for leisure, play, and sport activities. Play equipment or
other age-appropriate facilities, as approved by the city parks and
community services director, shall be provided within the recreation space
areas. Active recreation improvements shall be included as follows:
1. For developments of twenty-five (25) or less dwelling units,
at least one (1) of the following recreation facilities shall be provided in ,
addition to a tot lot or children's play area:
a. Playground equipment;
b. Sport court;
C. Sport field;
d. Tennis court; or
e. Any other recreation facility proposed by the applicant
and approved by the parks and community services director;
2. For developments of twenty-six (26) to fifty (50) dwelling
units, at least two (2) or more of the recreation facilities listed in
subsection (E)(1) of this section shall be provided; and '
18 Subdivision Code Update
Chapter 12.04 KCC
3. For developments of more than fifty (50) dwelling units, at
least one (1) additional recreation facility listed in subsection (E)(1) of this
section shall be provided for every additional twenty-five (25) dwelling
' units.
' F. Recreation areas that are contained within the onsite stormwater
tracts, but are located outside of the one hundred (100) year design water
surface, may be credited for up to fifty (50) percent of the required square
footage of the onsite recreation space requirement on a foot-per-foot
basis, subject to the following criteria:
1. The stormwater tract and any onsite recreation tract shall be
contiguously located. At final plat recording, contiguous stormwater and
recreation tracts shall be recorded as one (1) tract and owned by the
homeowners' association or other organization as approved by the
planning manager; and
2. Unless otherwise approved by the public works department,
the drainage facility shall be constructed to meet the €e+lewing
' eenduteens:reauirements of the City of Kent Surface Water Design Manual
and the following conditions:
a. The side slope of the drainage facility shall not exceed
thiFt-y-T-cc (33) p_-ccnt the ratio of 3 feet horizontal to 1 foot vertical
unless slopes are existing, natural, and covered with vegetation;
b. A bypass system or an emergency overflow pathway
shall be designed to handle flow exceeding the facility design and located
so that it does not pass through active recreation areas or present a safety
hazard;
C. The drainage facility shall be landscaped and developed
for passive recreation opportunities such as trails, picnic areas, and
aesthetic viewing; and
d. The drainage facility shall be designed not to require
fencing under the city's adopted surface water design manual.
1
19 Subdivision Code Update
' Chapter 12.04 KCC
G. When a tract is a joint use tract for a drainage facility and recreation
space, as referenced in subsection (F)(1) of this section, the city shall not
be responsible for maintenance of the recreation space.
H. A recreations ace Ian shall be submitted to the public works
p p
department and reviewed and approved with engineering plans.
1. The recreation space plan shall address all portions of the site
that will be used to meet recreation space requirements of this section,
including the drainage facility. The plans shall show dimensions, finished
grade, equipment, landscaping, and improvements, as required by the
planning manager and parks and community services director, to
demonstrate that the requirements of the onsite recreation space or this
chapter have been met.
2. If engineering plans indicate that the onsite drainage facility '
or stormwater tract must be increased in size from that shown in
preliminary approvals, the recreation plans shall show how the required
minimum recreation space under this section will be met.
Sec. 12.04.065. Fee in lieu of recreation space.
A. Except in the case of short subdivisions, the creation of onsite
recreation space, per KCC 12.04.060, is the preferred method of providing
new development with opportunities for leisure, play, and sports activities.
For short subdivisions, payment of a fee in lieu of providing onsite
recreation space is preferred. In subdivisions, applicants shall to the best
of their ability endeavor to provide recreation space on the project site.
However, if onsite recreation space is not provided in accordance with this
chapter, the applicant shall pay a fee in lieu of providing onsite recreation
space if approved by the planning manager. A fee in lieu of onsite ,
recreation space may be approved if the recreation space is provided
within a city park in the vicinity and will be of greater benefit to the
prospective residents of the development.
20 Subdivision Code Update
Chapter 12.04 KCC
r
B. The dollar amount of the fee-in-lieu 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. The
average assessed value shall be that for the year in which the subdivision
is deemed complete. Computations shall be based upon King County
assessor information; and
2. The gross land area within the subdivision multiplied by five
(5) percent.
The ayeFage assessed Yalue shall be that feF the yeaF an whieh the
C. The fee-in-lieu 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. Any payment of fees made pursuant to this section that
has 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.
D. Appeals of fees-in-lieu imposed pursuant to this section shall be
governed by the provisions of Ch. 12.01 KCC.
Sec. 12.04.070. Onsite recreation — Maintenance of
recreation space or dedication.
A. Recreation space that meets the requirements of this chapter may,
at the discretion of the parks and community services director, be
21 Subdivision Code Update
Chapter 12.04 KCC
dedicated as a public park in lieu of providing the onsite recreation
required under KCC 12.04.060 if the following criteria are met:
1. The dedicated area is at least ten (10) acres in size, unless it
is adjacent to an existing or planned county or city park;
2. The dedicated land provides one (1) or more of the following:
a. Shoreline access;
b. Regional trail linkages;
C. Habitat linkages;
d. Recreation facilities; or
e. Heritage sites; and
3. The dedicated area is located within one (1) mile of the
project site. 1
B. Unless the recreation space is dedicated to the city in accordance
with subsection (A) of this section, maintenance and irrigation of any
recreation space shall be, per KCC 12.04.060(C), by the homeowners'
association or other approved organization.
i
Article II. Type-1 Short Subdivisions and Subdivisions
Sec. 12.04.100. Purpose of Ttype I and Type II short
subdivisions. The procedures regulating Ttype I and Type II 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
complying with the purpose of this chapter and the provisions of RCW
58.17.060 et seq.
Sec. 12.04,103. Purpose of Subdivisions. The procedures
regulating subdivisions are established to ensure quality development
which promotes orderly and efficient growth, and the conservation and
22 Subdivision Code Update
Chapter 12.04 KCC
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, Title 6,
' Public Works, Title 7, Utilities, and the Kent comprehensive plan; and
complies with the provisions of this chapter and chapter 58.17 RCW.
Sec. 12.04.105. Scope of Short Subdivisions.
A. A Type I short subdivision is defined as aAny land being divided into
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 be swWeet te
1 B. A Type II short subdivision is defined as 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.
CB. 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.
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, '
permitted.sheFt subdOY*s4eiqs shall be Such short subdivisions must be
consistent with the approved master plan.
D. Short subdivisions may not be further divided in any manner within
a period of five (5) years without following the procedures for subdivisions,
except that when the short subdivision contains fewer than nine parcels,
nothing in this section shall prevent the owner who flied the short
23 Subdivision Code Update
Chapter 12.04 KCC
subdivision from filing an alteration within the five (5) year period to
create up to a total of nine lots.
Sec. 12.04.107. Scope of Subdivisions.
A. Any land being divided into ten (10) or more parcels, lots, tracts,
sites, or subdivisions, any one (1) of which is less than twenty (20) acres
in size; or
B. Any land which has been previously divided under the short
subdivision procedures within the preceding five (5) years; or
C. Any 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 subdivision procedures and
requirements of this chapter.
Any peFsen whe des-Fes te subdivide 'and in the eity sheuld eensult with.
the planning depaFtment at an eaFly date en an infeFmal basis On eFder- -te
Sec. 12.04.115. Application procedures. An application for a
subdivision or type-1 short subdivision consists of-five-(5) separates
as fe"ews the following steps:
1. Preparation of the tentative plat of the proposed t
subdivision or Type II short subdivision and submission of an application
for a pre-application conference;
24 Subdivision Code Update
1
Chapter 12.04 KCC ,
2. Review of the tentative plat for pre-application conference by
the city and convene a meeting with the city resulting_in the issuance of a
pre-application conference summary letter;
3-2. Preparation and sSubmission of the preliminary plat of the
proposed subdivision to the hearing examiner for a public hearing and
decision, or preparation and submission of the preliminary plat of the
proposed short subdivision to the short subdivision committee
for a public meeting and decision;
43. Installation or bonding of improvements according to the
approved preliminary subdivision or short subdivision p atl—requirements
and satisfaction of all plat conditions;
544 Submission of the subdivision final plat to the city council for
approval, or submission of the short subdivision final plat Lo_-phaprning
the short subdivision
committee chairman for approval; aprd
6§. Recordation of the approved final plat in the office of the King
County department of records and elections.
Sec. 12.04.117. Pre-application review.
A. Applications for a tentative subdivision or tentative short subdivision
pre-application meeting and review shall be filed with p-Planning services.
Pursuant to KCC 12.01.080, a pre-application meetingis s required for all
subdivisions, all Type II short subdivisions, and only for Type I short
subdivisions which require SEPA review. The scale and information
required for apre-application meeting and the number of copies to be filed
shall be in accordance with the requirements of the planning manager.
B. Planning services shall transmit copies of the tentative plat to the
fire, public works and parks departments, public utility agencies serving
the area, and to any other department or agency deemed necessary.
25 Subdivision Code Update
Chapter 12.04 KCC
C. A meeting on the tentative plat shall be held, thatwh4eh is attended
by planning services, other city departments thatwh4eli receive copies of
the tentative plat, and the subdivider. -Rfecommendations byef the
various departments for revision of the tentative plat should be discussed
at such meeting. These recommendations and potential conditions of
approval of the application shall be recorded in writing and mailed to the
subdivider by planning services.
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 the transportation master plan and
appropriate design and construction standards established for the area in
which the subdivision or short subdivision will be developed; ,
4. In conformance with sewer, water and other utility plans for
the area; and
-75. Not detrimental to the natural environment or its
surroundings.
Sec. 12.04.119. Subdivision in chases. In a phased subdivision
or short subdivision,Lpreliminary approval must be granted for the entire
subdivision or short subdivision and must delineate the separate divisions
which are to be developed in increments. Preliminary 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
subdivision or short subdivision. All phases shall be recorded with the King
County Recorder within the timelines stated in KCC 12.04.215 and
12.04.221.
t
26 Subdivision Code Update
Chapter 12.04 KCC
Sec. 12.04.120. Preliminary subdivision or short subdivision
application.
A. Application for a subdivision or short subdivision shall be made to
the-planning services on the forms supplied and in the number
of copies prescribed by that depaFtfnentdivision.
B. The Y plat lat or short subd en--PiYesi lat shall be a neat and
p
approximate drawing on reproducible material at a decimal scale. The plat
map shall measure
eighteen (18) inches by twenty-twefour (24-2) inches, a+vd
be in accordance with Chapter 332-130 WAC, and shall include:
1. The subdivision or short subdivision name,- the name and
address of the owner;, and, if one has been employed in the preparation of
the application, the name, afld-address, and stamp with signature of the
licensed land surveyor and professional
engineer;
2. The date of preparation, the tFue i9eFth peinta north arrow, a
igFaphie seale and legal description of the property to be subdivided, and a
drawing completed in an appropriate decimal scale;
3. The location of existing and proposed platted property lines,
and existing section lines, streets, structures,buildings, watercourses,
railroads, bridges, wells, and any recorded public or private utility or
r-eadway-street 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, stormwater and critical area tracts, easements,
traffic calming features and devices, parks and other open spaces,
reservations and utilities;
27 Subdivision Code Update
Chapter 12.04 KCC
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;
7. How the proposed subdivision will be served by utilities and
the location of sanitary sewer, domestic and—water--I+ftes and storm
drainage lines and facilities;
8. All existing structures and distances from any existing and
proposed lot lines within or abutting the short subdivision within a distance
of fifty (alone hundred (1001 feet;
9. Sufficient topographic data to accurately locate any critical
areas that may affect future development, and show contours not less
than two feet; Mofl-i mentatien of ail-exterivEW Eemer-s and StFeets and be
10. Provisions for sidewalks, placement or construction of traffic
i
calming features and devices, and other Wig-features that assure safe
walking conditions for students who walk to and from school, users of
public transit and other pedestrians;
11. 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 planning services and applicable city codes; and
12�. All of the information requested on the application form by i
tl#e-planning dir-eeter-services.
1. GFeate legal building sites whieh eemply with a" pFeyffisiens e
28 Subdivision Code Update
Chapter 12.04 KCC
sher-
subdivismen —deFFFed -bLE-?uSe r 'ii-ii-rrvarti�vrr, 6F 1Afetrurru
eenditieigs/ r
r r
Fits ef this ke inte
5. Make—adequate pr-eyisien feF steffl9water- eteR4ei+,-
► wateF supplies,
alleys, r
lets,and ether- publie ways;
ne less than fifty (50) per-eent ef the new lets will suppert eenStftletien ef
r
VCfess; QRQ
1:2.04.130 Determination of cam pleteness-OANthoig twenty eight
' if /
29 Subdivision Code Update
Chapter 12.04 KCC
eengplete
. identify, te the extent knewn by the eity,
the eity deteffnines that an applicatien is net ,
ealendap days afteF an appimeal9t has submitted the requested additienal
shall netify the applieant in the same
t
. 1
planning department shall aeeept the appImeatien and nete the date ef
,the applaeatien shall be deenged eengplete at the end ef the twenty eight
1
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 p+at—application for a subdivision or short subdivisiont e-4
heFt subdoyosgeig, as defined in this chapter, has been determined to be
complete and has been accepted by the city of Kent, pursuant to KCC
12.041.1030.
Sec. 12.04.140. Notice of application. The applicant shall place
at least one public notice board on the property to be subdivided. The
public notice board shall be placed on the property as directed by planning
services no later than fourteen (14) calendar days after a determination of
completeness. If the property to be subdivided is located adjacent to
30 Subdivision Code Update
Chapter 12.04 KCC
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
street or potential access route. A notice of application shall be issued for
land segregationsheFt subdiv+s+en applications within fourteen (14)
calendar days after the city has made a determination of completeness,
and and at least fifteen (15) calendar days prior to the short subdivision
committee meeting date for short subdivisions or the public hearing for
subdivision applications. The notice of application shall include the
tentative date of the public meeting or public hearing and shall be mailed,
published and posted on the same day, in the following manner:
IA. The city shall publish the notice of application in a newspaper of
general circulation within the city.
-2B. 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 e - services office.
3C. The city shall mail the notice of application listing the date of the
short subdivision committee meeting, or the date of public hearing for
subdivisions, 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 short subdivision and
within 300 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.
4D. 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.
31 Subdivision Code Update
Chapter 12.O4 KCC
-5E. One notice of application shall be dene—prepared for all permit
applications related to the same project at the time of the earliest
complete project permit application.
Sec. 12.04.145. Referral of preliminary subdivision and short t
subdivision applications. Upon determination of completeness of an
application for a subdivision or short subdivision, the-planning
services shall distribute copies of the application
materials for review and comment to te—eac-b—n9eFAbeF of ire-sue
all city
departments with jurisdiction over the application, and to any other
department or agency deemed necessary. For short subdivisions,i
one (1) copy of the application materials shall also be sent to I
each member of the short subdivision committee. The application shall be
distributed tFansmItted at least fifteen (15) calendar days prior to the short T
subdivision committee meeting or public hearing.
Sec. 12.04.150. Notification of agencies.
A. The city shall mail a notice of application to all agencies with
jurisdiction over the subdivision or short subdivision application. Such
notice shall include the hour and location of the short subdivision
committee meeting or subdivision public hearing 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 a preliminary subdivision
or 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.
32 Subdivision Code Update
Chapter 12.04 KCC
C. f a proposed
subdivision or short subdivision is located adjacent to the right-of-way of a
federal or state highway or within two (2) miles of a state or municipal
airport, then notice of application shall be given to the State Department
of Transportation. Such notice shall include the hour and location of the
public meeting or hearing, a legal description of the
property being subdivided, and a location map. The Department of
Transportation shall, within fourteen (14) calendar days after receiving the
notice, submit to the—planning servicesdepaftment a statement of any
information that the department deems to be relevant about the effect of
the proposed sheFt subdWis en development upon the legal access to the
state highway, the traffic-carrying capacity of the state highway, and
safety of the users of the state highway, or airport.
1 Sec. 12.04.155. Public meeting/hearing notice.
A. 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 in accordance with
KCC 12.04.140 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. Seven (7) calendar
days prior to the short subdivision committee meeting, the city shall mail
the short subdivision committee agenda and staff reports) to the
applicant, all owners of the real property, and any person who provided
written comments on the application.
B. The notice of public hearing for a subdivision shall be given in the
following manner:
33 Subdivision Code Update
1 Chapter 12.O4 KCC
1. The notice of public hearing shall be mailed, published and
posted on the same day, not less than ten (10) calendar days prior to the j
hearing date.
2. The city shall 12ost the notice of public hearing on the public
notice board() on the property.
3. The city shall publish the notice of public hearing in a
newspaper of general circulation within the cit ..
4. 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, the notice shall
be mailed to all owners of real property located within three hundred (300)
feet of such adjacently owned parcels. Seven () calendar days prior to the
public hearing, the city shall mail the public hearing agenda and staff
report(s) to the applicant, all owners of the real property, and any person
who provided written comments on the application.
meeting(s). if the pr-eper-ty te be subdivided is lec-ated adjacent
34 Subdivision Code Update
Chapter 12.04 KCC '
r-ewte. Planning depaFtment staff shall pest the netwe
shall alse pest the netiee ef applic:atien at Kent Gity Hal' and
Sec. 12.04.160. Public comment. Affected agencies and the
public shall have a fourteen (14) calendar day period to comment on a
notice of application. An agency and the public are is-presumed to have no
comments if comments are not received within the specified time period.
The planning diFeeteF-manager 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. T#e
The fourteen (14) day public comment period begins on the date the
notice of application is mailed, posted and published. T*&--p !tanning
services 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 or e-mail. Comments should be as specific
as possible. The short subdivision committee or hearing examiner shall not
take action on a short subdivision or subdivision application until after the
comment period has passed.
Sec. 12.04.165. Agency recommendations. At the time of the
preliminary short subdivision or subdivision -application, written
recommendations for approval or denial in the form of a
certificate of water or sewer availability 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
35 Subdivision Code Update
Chapter 12.04 KCC
responsible for submitting the appropriate application forms to the male-
King-Gea health agency and for paying any the health
depaFtmen-t-review fee.
Sec. 12.04.170. Short subdivision committee.
A. The short subdivision committee shall consist of the planning
dir-eete manager, 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 alternate
shall have full voting power in the short subdivision approval process.
B. At least :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) calendar
days of the determination of completeness of the application in compliance
with, and subject to, the requirements of KCC 12.01.100 and 12.01.110. i
The meeting shall be open to the public.
Sec. 12.04.177. Public hearina.
A. The hearing examiner shall hold an open record public hearing in
compliance with KCC 12.01.160 on any subdivision preliminary plat within
one hundred (100) calendar days of planning services' determination of a
complete application in compliance with, and subject to, the requirements
of KCC 12.01.100 and 12.01.110,
B. A record of the public hearing shall be kept by the city and shall be
open to public inspection.
Sec. 12.04.180. Approval criteria.
36 Subdivision Code Update
Chapter 12.04 KCC ;
A. A proposed subdivision or 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. Storm water facilities and conveyance
systems;
g_ Open spaces;
h. Community parks and recreation;
i_ Neighborhood tot lots and recreation areas;
j_ Schools and school grounds;
k. Transit stops;
Ig. Connectivity of streets, s alleyways and other
private and public ways for vehicular tr-ans3e kmADd pedestrian
circulation and access in and between subdivisions and neighborhoods,
where feasible;
mh. Connectivity of sidewalks, pedestrian pathways, traffic
calming features and devices, 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;
n. In single-family residential zoning districts, building lots
and street access configured to support the construction of homes with
diminished garage doors such that no less than fifty (50) percent of the
new lots will support construction of and access to a garage in the rear
37 Subdivision Code Update
Chapter 12.04 KCC
portion of the lot accessed via a common driveway between lots; or a side
access garage; or a garage accessed via a rear alley; or a garage set back
no less than ten 10) feet from the front fa ,ade of the homed or other
design strategies which similarly diminish the prominence of the garage
and are approved by the planning manager. Lots and streets shall be
configured such that at least two (2)_of these options are supported in
each new developments
o. In single-family residential zoning districts, landscape
buffering along all frontage streets of the subdivision that do not provide
the new lots with direct vehicular access;
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 or short subdivision and dedication; and
4. The city has considered the physical characteristics of a
proposed subdivision or 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. i
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.
eity shall net require a release ffem damages te be pr-eeur-ed fr-em ether-
1
Sec. 12.04.185. Decision on ureliminary short subdivisions.
A. The decision of the short subdivision committee shall be made at the
short subdivision committee meeting. An additienal meeting may be
eal-ledThe meeting may be continued if no decision is reached at the first
38 Subdivision Code Update
Chapter 12.04 KCC
meeting and additional information is needed. The see-efl�continuation of
the meeting shall be set for the next scheduled short subdivision
committee meeting or a date mutually agreed upon by the subdivide
applicant and the short subdivision committee.
B. The city shall make written findings on the short subdivision
approval criteria. The applicant, owner, and all parties of record shall be
notified in writing of the committee's decision and shall be provided with a
copy of the committee's findings addressing its 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.
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.
E. An applicant may request that an application previously denied or
approved with conditions fir,—w,-rrc-b the sher-t subdivisien c-emfliR£e -rua
taken-af;,native-ae-t+e++;--be reopened by the committee if it is found by
the planning diFeetermanager and the applicant that new information has
come to light that might affeet modify he actions previously 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 KCC 12.04.190.
New information may be presented during hearing examiner consideration
of the appeal.
39 Subdivision Code Update
Chapter 12.04 KCC
Sec. 12.04.190. Appeal of short subdivision committee '
decision. The decision of the short subdivision committee shall be final,
unless an appeal by a party of record is made to the hearing examiner t
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 and Ch. 12.01. KCC. The decision of the hearing examiner
shall represent final action of the city and is appealable only to the
superior court.
Sec. 12.04.192. Decision on preliminary subdivision
A. The hearing_examiner may approve, approve with modifications and
conditions, or deny the application for a subdivision.
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 i
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 KCC 12.01.160(F).
Sec. 12.04.193. 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 reaulrements of KCC 12.01.195. The appeal
shall be heard by the city council in a closed record appeal hearing.
40 Subdivision Code Update
Chapter 12.04 KCC
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.
Sec. 12.04.195. Appeal to superior court. The decision of the
hearing examiner is final for short subdivisions and the decision of the city
council is final for subdivisions; 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.
Sec. 12.04.200. Property annexed to city with short
subdivisi preliminary plat approval from King County.
A. In instances where property annexed to the city has received
subdivision or short subdivision preliminary —plat approval from King
County prior to annexation, #t#e-planning services depaF'ffieF1 '
ef--public works department, fire department and building depaFtment
parks and community services department shall review the plat. City plan
check review and inspections shall be subject to fees, which are on file in
1 the city clerk's office.
B. The density, lot size and dimensions, and the provisions made for
open space, stormwater facilities and conveyance systems,
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 KCC Title 15, Zoning, or
the Kent design and construction standards. These plats are to be
developed in accordance with county standards in effect at the time of
vesting of the preliminary plat application 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.
41 Subdivision Code Update
Chapter 12.04 KCC
j
D. The procedures for type--subdivision or short subdivision final plats
shall be those county procedures and regulations in effect at the time of
vesting of the preliminary sheFt plat application in the county.
Sec. 12.04.205. Installation of or improvements bonding in
P 9
lieu of improvements.
A. The following tangible improvements may-shall be required before a
type 1--final plat or final short plat is recorded:
1. GFading and paying ef streets and alleysConstruction and
subsequent acceptance by the City of all public and private improvements
as required by the conditions of approval;
2. All improvements are to be made pursuant to specifications
and standards of th+s-city code, approved by the public works department
and in accordance with ^tames—the current edition of the Design and i
Construction Standards of the city.
B. The public works 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 KCC 6.03.010QFdofianee Ne. 3490 as enacted, eras—subsequently
amended or replaced.
C. Prior to proceeding with subdivision or short subdivision
improvements, the subdivider shall make application for such permits from
the city as are neeessaFyreauired. The applicant is also responsible for
complying with all permit requirements of other federal, state and local
agencies.
42 Subdivision Code Update
Chapter 12.04 KCC
D. No type 1--plat or short mien— Ip at 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
en site improvements, written application shall be made to the a ginee i 9
public works department and planning depaFtwent!_services stating the
reasons why such delay is necessary. If the deferment is approved, the
developer shall furnish a peFfe a-bond or assignment of funds to the
city in an amount equal to a minimum of one hundred fifty (150) percent
of the estimated cost of t-Ivi—eall required public and private improvements
remaining to be constructed. The decision of the eity engine public works
director and planning directmanager, or respective designees, as to the
amount of such bond shall be finaleenus*ye. Such bond shall list the
emaet work that shall be performed by the developerapp4eat-rt and shall
specify that all of the deferred improvements be completed within the tinge
the tinge per-med shall i9et be lengeF than one (1) year after recording of the
subdivision or short subdivision. The bond shall be held by the
depaFtment'spublic works department. The
developer may substitute a certified or cashier's check or assignment of
funds in lieu of a perfeffnan 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. At the discretion of the public works director, an
assignment of funds may be required for all or a portion of the bond
iamount.
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.
43 Subdivision Code Update
Chapter 12.04 KCC
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 -+�tee . g-public works department shall notify t-I:�—eplanning
depaFtme services 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. T#e
p.Planning services shall notify the developer advising him to
proceed with recordation of the short plat or 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. 12.04.210. Filing the final short plat.
A. A final plat or final short plat shall be prepared by a professional
land surveyor licensed in the State of Washington, based on the
Washington State Plane Coordination System and be submitted to
planning services along with all forms required and with the number of
originals and copies requested.
AB. The sheet "d"• sief final flat or final short plat submitted for filing
shall comply with the conditions of preliminary approval and Chapter 58.09
RCW, Chapter WAC-332-:130 WAC, and Chapter RAGW-58.17 RCW. be-tire
fepresenting ene hundFed (199) feet en sheets eighteen (18) by twenty
in . The original '
drawingg shall be in black ink on mylar or photographic mylar, and """•_
date, title, name and leeatienFyi:sF(3Fi-,
plat;
3-Sirew the-leeatien-e ities,, stFeets and easements o't-rthi
abutting sheFt r
44 Subdivision Code Update
Chapter 12.04 KCC
lanes,4. Display the 'Ones of all stFeets and Feads, alley limes, let
and any lingitatmens;
S. Gentai,n-data-sa#+e9ent te-deter-mi+ie Feadely r-epr-edwEe-ear
line, let line, beundaFy leige and bleek line en site;
G T.. I�..d�, .d'.ti. dFe dth e f feet,
van��irrTel�SFOiT:r�=�?C—rn-inzr-vrre-�ltFl4ar�-ain�r-�rrvQ�
and angles and beaFifigS in degrees, n9inutes and i
7. ii„elude LaffivefrEeefdinateste the-neaFest i-i-v ,
,
8. if
-Qa h1.. display
T '�'��GL7"CT�j T
' Be Fnathenqator=ally ,
10—Be ae n+ d--PF+i ted eemputeFeleSUFe en all lets, streets, alleys aigd beundaries�
!I. Gentaom a--metes and beands legal deSeFiptweR en the fa Cam-e
the final plat Fny!aF whieh Fefleets all toes te subdiYesieFi lines, denatmeR
eeer-ded-pa* The plat shall
edffent plat eeFtifieate with the identir:al metes and bewnds legal
deser-mpteem ef the land te be subdivided eFi beth the title r-epeFt and final
12. Be aeeempanied by a eempiete'r,JUFyt'y-ef the etie.. .,h'..h
seetien survey shall be submitted with eengplete field afid eenqpLitatien
same and the aetual traverse—rJ'1'1.gwing _eFFeF e f ..1....UFe and ethed e
45 Subdivision Code Update
Chapter 12.04 KCC
1
1
te deteffi9ine eeFner-s and distanees ef the plat shall aeeempany this data.;
1
faee ef the plat;
final plat mylaF;
eGIL' ef CITC—G9Y1TeF, eelTCT1TGT
puFehaseF, gr-anteF ef a deed ef trust, eF ether- helder- ef benefiemal title te
with FFee nt and with th d Of the t
�CC'Ce'�'S�r• •+ee 'f'fl�Cl�O-1'rCI��J��TC
be signed by all paFties hay' _ I wner-ship ifiteFest gig the lands-
" nshall ilgelu
I
legal and equitable pr-epeFty / / but net lingited /
benefieiaFYi
C$. In addition to other requirements as specified in this section, the
final plat or final short plat, shall contain or be accompanied by the
following:
been made and that-n9enungents-and stakes will be-set;
1. Signature of the owner of the property on the face of the final
plat or final short plat mylar;
2. 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 or short subdivision is
46 Subdivision Code Update
Chapter 12.04 KCC
made with free consent and in accordance with their desires, and if the
subdivision or short subdivision is subject to deeding of 12roperty, 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;
3. Certification by the responsible health agencies that the
methods of sewage disposal and water service are acceptable;
44. Certification by the eRgi�reer+rtg--public works 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 plat or short
plat certificate or title report from a title insurance company, produced no
more than forty-five (45) calendar days prior to final plat or final short plat
application, that documents the ownership and title of all interested parties
in the plat or short plat, subdivision, short subdivision, or dedication and
that lists all liens and encumbrances. The legal description in the title
report shall be identical to the metes and `'e• nds legal description on the
face of the plat or short plat. The city reserves the right to require updates
of the certificate or title report at any time prior to signing the final plat or
final short plat by the short subdivision committee chairmanl,
6. Any person signing for a corporation must provide
documentation that shows they have the authority to execute on behalf of
the said corporation;
47 Subdivision Code Update
' Chapter 12.04 KCC
76. Copies of any restrictive covenants as may be used in the
subdivision or short subdivision;
8-7. Certification of approval to be signed by the King County
assessor;
9.8. Certification of approval to be signed by the King County
recordeq
10. Certificate of approval by the chairman of the short
subdivision committee;
11. Copies of any bylaws for a Home Owner's Association, if
created.
DG. All subdivisions and short subdivisions
shall be surveyed by a land surveyor licensed in the state of Washington.
All eFlot, tract, parcel and right-of-way-corners and{ angle points
shall be set . in accordance with Chapter 58.09 RCW.
The type Street monuments used shall be in accordance with city of
Kent design and construction standards and shall be installed per those i
same standards. Sufficient intervisible monuments shall be set to insure
that any property within the subdivision or short subdivision can be readily
resurveyed at a later time or as may be specified by the 1ublic works
department. All final plats and final short plats shall be based on at least
two City of Kent horizontal control points and reference the North
American Datum of 1983/1991 Adjustment (NAD 83/91) or its successor
as may be adopted by the public works department survey section.
be PFevided en the final Fnylar-.
E-D. If any utility companies and/or utility districts have existing
easements within the proposed plat or short plat, the platteFapplicant or
its assigns shall have these easements removed or shall have their rights
48 Subdivision Code Update
Chapter 12.04 KCC ,
subordinated to the city of Kent if they fall within dedicated right-of-way or
tracts for public use.
F.E. The final plat or final short plat must be submitted to #+e-planning
depaFtmeFtt7services for review as to compliance with all terms
of the preliminary approval ef the PFepesed subdivisien eF dedieat ;
terms of bonding or the completion of all improvements; and completeness
and accuracy of survey data and platting requirements.
G.F. Before a final short plat is filed with King County Mna—I-��
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 befeFe it is filed with King Geunty.
H. After all final plat conditions for a subdivision have been met;
planning services shall set a date for a public meeting for the city council
to consider the final plat.
I. Before the final plat of a subdivision is submitted to the city council,
it shall be signed by the city engineer and planning manager. After the
1 final plat is approved by the city council, it shall be signed by the mayor
and the city finance director.
JG. An approved sheFt subdoyisien final plat or short plat shall be filed
for record ffin the--emee-ef with the King County auditeF and shall not be
deemed approved until filed.
K#. A conformed copy of the recorded lap t or short plats shall be filed
with #�e-planning services and the
mylaF shall be filed with the depaFtment public works deQartment.
Sec. 12.04.215. Short subdivision preliminary plat
expiration. Short subdivision preliminary plat approval shall lapse four
49 Subdivision Code Update
Chapter 12.04 KCC
(4) years from the date of preliminary plat approval unless a final plat !
based on the preliminary plat has been reviewed and approved by the city
and recorded with King County. In addition, for those preliminary short
subdivision approvals that have not expired as of the passage date of this
ordinance, their expiration period shall be extended two (2) additional
years, for a total of a four (4) year expiration period from the time of
preliminary approval. ,
Sec. 12.04.220. Limitations on further subdivision of short
subdivisions. 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 €eur nine parcels, nothing in this
section shall prevent the owner who filed the short subdivision from filing
an alteration within the five (5) year period to create up to a total of feuf
nine lots within the original short subdivision boundaries.
Sec. 12.04.221 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, and meeting all of the requirements of this chapter and !
Chapter 58.17 RCW, is submitted to the City Council for approval within
five (5) years from the date of subdivision preliminary plat approval. One !
(1) extension of one (1) year shall be granted to an applicant who files a
written request with planning services 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 obtain approval of 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 manager if the applicant can show unusual
circumstances or situations which make it impossible to record the final !
plat within the six (6) year period. The applicant must file a written
!
50 Subdivision Code Update
Chapter 12.04 KCC !
i
request with planning services for this additional time extension. The
i 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 greater than one (1) year increments.
C. In the case of a phased subdivision, final plat approval by the city
council of any phase of the subdivision preliminary_flat will constitute an
' automatic one (1) year extension for the filing of the final plat for the next
phase of the subdivision.
Sec. 12. 4.223. 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) calendar days of the
' date of the city's determination of acceptance of the final plat application,
unless the applicant consents to an extension of such time period.
' Sec. 12.04.225. Subdivision final plat Miration. 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. One
(1) extension of no longer than six (6) months may be granted by the city
' council. To revitalize a the Mat that has expired under this section ed
the plat shall be resubmitted as a preliminary plat.
1
Sec. 12.04.22 S. Procedure for alteration of a tie
iIsubdivision or short subdivision.
A. If an applicant wishes to alter a type—I -,subdivision or short
subdivision or any portion thereof, except as provided in KCC 12.04.230,
that person shall submit an application to the planning depaFtment
iservices 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 short subdivision or in
that portion a;the ,.ubdi ,".;..., to be altered.
1
51 Subdivision Code Update
Chapter 12.04 KCC
B. The planning manager shall have the authority to determine
whether the proposed alteration constitutes a minor or major alteration. '
Major alterations are those which substantially change the basic design,
density, open space, or other similar requirements or provisions.
8C. If the subdivision or short subdivision is subject to restrictive '
covenants which were filed at the time of the approval ef hesubdivisien,
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 short subdivision or andportion thereof.
ED. If the alteration is requested prior to final plat
or final short plat review and signature, a minor alteration may be
approved with consent of the planning diFeeteF manager and the public
works director. A major plat or short plat alteration shall require consent of ,
the short subdivision committee for short subdivisions or the hearing
examiner for subdivisions; after public notice and a public meeting or ,
hearing is held. T#e-p.Elanning services shall provide notice of
the application for a major plat or short slat alteration to all owners of '
property within the subdivision or short subdivision, all parties of record,
and as was required by the original subdivision or short plat-subdivision '
application. The planning di,=erzte,=manager shall have the authority to
determine whether the proposed alteration constitutes a minor or major ,
alteration pursuant to section 12.04.227.B.
JBE. If the alteration is requested to a sheet bdivisee^ after final plat or
final short plat review and signature, but prior to filing the final play Ip at or
final short plat with King County, a plat or short plat alteration may be
approved with consent of the short subdivision committee for short '
subdivisions or the city council for subdivisions. Upon receipt of an
52 Subdivision Code Update
Chapter 12.04 KCC
application for alteration, #f ,-e planning services dent-shall provide
' notice of the application to all owners of property within the subdivision or
short subdivision, all parties of record, and as was required by the original
s etplatapplication. The notice shall establish a date for a public meeting
or hearing.
E-F. If the alteration is requested after filing the
final plat or final short plat with King County, a minor plat or short plat
alteration may be approved with consent of the short subdivision
committee in the case of short subdivisions or the city council for
subdivisions. If the planning d;TeeteF manager determines that the
proposed alteration is a major alteration, pursuant to section 12.04.227.13,
then the planning pireeteFinanager may require replatting pursuant to this
chapter. Upon receipt of an application for alteration, the planning
' dep-a services shall provide notice of the application to all owners of
property within the subdivision or short subdivision, all parties of record,
and as was required by the subdivision or short subdivision plat
application. The notice shall establish a date for a public meeting or
' hearing.
' FG. The sheF.. ....bd' ciitt rshall 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 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.
FH. After approval of the alteration, the
' shall order the applicant to produce a revised drawing of the approved
alteration of the subdivision or short subdivision, which after signature e€
53 Subdivision Code Update
Chapter 12.04 KCC
the-ehaOF of the-s„ert subdivisoen eengn9i«ee-,-the final plat or final short
plat shall be filed with t#eKina County eeunty auditer to become the lawful ,
plat or short plat of the property.
++I. This section shall not be construed as applying to the alteration or ,
replatting of any plat or short plat of state-granted tide eFshore lands.
Sec. 12.04.230. Procedure for vacation of a type
subdivision or short subdivision. ,
A. Whenever an applicant wishes to vacate a type 4-subdivision or
short subdivision or any portion thereof, that person shall file an
application for vacation with the planning--depa ent services. 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 she..t su'^doymseendevelopment is subject to restrictive
covenants which were filed at the time of the approvalefthe sHe;t
subdiyisiee, and the application for vacation would result in t#,(e-a 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 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
followed for the street or road vacation. When the application is for the
vacation of the plat or short last 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. T4te _Planning services shall give notice to all owners of ,
property within the subdivision or short subdivision, and all property
54 Subdivision Code Update
Chapter 12.04 KCC '
owners within two hundred (200) feet of short subdivision boundaries all
property owners within three hundred (300) feet of subdivision
boundaries, and to all applicable agencies. The short subdivision
committee shall conduct a public meeting in the case of short subdivisions
and the hearing examiner shall conduct a public hearing for subdivisions 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 thre
a subdivision or 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-sheFt subd+v+siee. If any portion of the land contained in the she
ubdivisien proposed vacation 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 King 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 or short subdivision and is part of the boundary of the
subdivision or 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 or short plat of state-granted tide er--shore lands.
' Sec. 12.04.235. Standards for the subdivision of land and
any dedications.
55 Subdivision Code Update
Chapter 12.04 KCC
A. Applications for subdivisions short subdivisions and binding site
plans may be approved approved with conditions or denied in accordance
with the following adopted city, county and state rules regulations plans
and policies including but not limited to:
1. Chapter 58.17 RCW (subdivisions)
2. Chapter 43. 1C RCW (SEPA) '
3. City of Kent Title 6 (public*works)
4. City of Kent Title 7 (utilities)
5. City of Kent Title 11 (environmental management)
6. City of Kent Title 13 (fire prevention and protection)
7. City of Kent Title 12 (glanning and land development,
8. City of Kent Title 15 (zoning) '
9. City of Kent Comprehensive Plan
10. King County Board of Health rules and regulations
B. All improvements shall be constructed in accordance with the city's
design and construction standards as hereinafter amended
Sec. 12.04.240._ Connectivity. The following goals and criteria '
listed below shall be considered by the public works department and
planning services in evaluating connectivityi.
• '
IA. Increase through-connections to adjacent subdivisions and activity_ ,
centers.
al. Subdivision streets should connect through to serve adjacent
properties except where impractical
b2. Cul-de-sac streets of the subject subdivision should provide
pedestrian/bicycle pathway(s) from bulb-ends to neighboring
subdivisions streets or other adjacent activity centers
el Subdivisions should provide continuous sidewalks on both
sides of streets fronting developed lots and connect to other streets
56 Subdivision Code Update
Chapter 12.04 KCC
1
r -2B. Provide streetscaping improvements.
al. Vehicular traffic calming elements should be included in the
subdivision.
b2. Planting strips and medians should be included in the
subdivision.
e3. Neighborhood identity elements such as entry monument
signs, medians and pavement textures should be included in the
subdivision.
land w6th featdFes likely te be haFFRfUl te the safety and geFier-al health ef
r
r
r
r
r
rfinal plat. EyeFy r-easenabl-e
.
r .
r
ll be
r
sheald andude an eveFfiew area, an.-4 an attempt te minimize th-e
57 Subdivision Code Update
Chapter 12.04 KCC
` �. 11 b
B. PYhI-1'11'esl'denCILITJUL7Cr1 CG—Qe deyeleped adjaeent1 CD
business, /
any adepted plans fer- streets an the eity. The pFepesed StFeet system shall
extend existmigg StFeets at the same er- gFeateF Width, unless etheFw*s-e
G. The aligigmemt ef all streets shall be r-eyiewed and appr-eved by the
The fellewing standaMs shall apply unless
• /
1PP7TG1'C-3CR IT sC , SLTGTTV7TSGL.fshall
• feet.
hundred (500)
peffnit shall be r-eqwiFed as per- the intematienal Building the
/
intemat*ena' Residential / /
,adepted and amended in Gh. 14.01 / 1
A tangeiqt ef at least twe hundFed (200) feet on length shall be
• /
58 Subdivision Code Update
Chapter 12.04 KCC '
i
i
1
etheF streets it shall be net less than ene hundFed (100) feet.
mum length ef twe hundred (200) feet unless spedfied etheFWise by
7. A" StFeets shall be platted at full width. A" stFeet
mpr-evengents shall be ef full width impr-evement. Feill width
a. A" streets, Feads, and alleys shall be gFaded te theiF
full width and the pavement and sidewalks shall be eenstr-urAed te
b. All stFeet and alley suFfar=es shall be ef asphalt
i
iFadews ef euFvatUFe shall be net less than thFee hwidFed (300) feet and eii
seeeigdary aFteFials, and
r=ellerAeF streets shall have sidewalks, with a miningum ef five (5) fe
1
wedth en at least ene (1) side.
f. A" streets shall have street lighting leeated and
as fellews.!
Street-
.,
TRsTITEtiR'CTC3TSLTCCT 18LZZ
59 Subdivision Code Update
Chapter 12.04 KCC
�`�SIG p' de sa'e 18 feet
StFeet light heights aigd spareifig shall r:ensider- the eamepy al9d r-eet system
9. Streets whieh may be extended On the event ef futwe
h. Planting strips are requiFed on Fesidential subdivisieigs
and shall!
h Be net 'ess than five (5) feet in width;
en cul de sae str-eetSL
/ as applied by the publie weFl(s /
/
i
C-eAtFel, Femeval ef dead er dying trees, eF inseet and disease eentFel.
Fill
7�ii
a
€
Residenteal 5-3 I
36
60 Subdivision Code Update
Chapter 12.04 KCC ,
r-e"eetef
Residential StFeet 49 i8
Gul de Sae 4-5 -2$
Where fu" pavengent is net Fequired, the Fight ef way widths shall Fenga*.R
the same feF the type ef StFeet defined in the eempr-ehensiye plan. T-1-te
Sec. 12.04.243. Traffic Calming.
SA. Traffic calming improvements are required, and are specified
according to street classification (see subseet (7)(i) of t"'.s seet'ien), site
conditions, or other conditions as determined by the public works
department, in consultation with the planning services office and fire
prevention division.
aB. Residential streets with entrances connected to arterial or collector
streets shall provide curb bulb-outs at each plat entrance, or shall provide
curbs constructed at the return radius standard for residential class streets
found in the city design and construction standards. Other traffic calming
options may be determined more appropriate to site conditions by the
public works department, in consultation with the planning services office
and fire prevention division.
' K. Mid-block chokers are required on blocks greater than five hundred
_ q
(500) feet in length, unless otherwise determined by the public works
department.
eD. Other traffic calming designs and improvements may be determined
appropriate as remedial options by the public works department, in
61 Subdivision Code Update
' Chapter 12.04 KCC
consultation with the planning services office and fire prevention division.
These options include, but are not limited to:
11. Traffic circles;
42. Chokers;
i43. Chicanes; and
iv4. Speed humps.
i9ine--(9These streets shall—have—alpha+tie er- eenereto-SU race-„e
paying width fer- a" limited residential aeeess streets shall be
twenty (20) feet. A five (5) feet wide sidewalk shall be PFevided en ene (I-)
Sec. 12.04.245 _Exterior street buffering.
A. A minimum ten (10) foot wide perimeter strip of type II landscaping
and associated fencing shall be provided along the subdivision or short
subdivision perimeter where it is adjacent to a public or private r-eadway '
street that does not provide direct vehicular access to individual lots. The
landscaping strip shall include an automatic irrigation system sufficient to
ensure survival of the planted materials. Fencing constructed of wood,
iron, masonry, or other suitable materials approved by the planning ,
manager shall be located between the landscaping strip and the sheF
subdivision or short subdivision lots and shall be constructed of consistent
materials and configuration along the length of the street frontage. The
fence and landscape strip shall be located in a separate tract and shall be
depicted on the final plat or short plat map. Maintenance
of the landscape strip and fence shall be the responsibility of a
homeowners' association or other entity approved by the city.
62 Subdivision Code Update
Chapter 12.04 KCC ,
rr-All atTokheS—designed r :e serve th
subdivismen shall be plaeed
under-greund. These utilities te be leeated wig the planting StFiP shall be
1plaeed in sueh a manneF and depth te peffnit the plantingtrees.ef
utwiffitees te b 1 edbeneath payed suFfaees hall be ..�.11
suFfaee ter-e I.
B. Unless septie tanks are speeifleally appr-eved by the r
sanitary
with eity standards.
igatUFal water- flew and shall be ef suffident length te peFFRot full width
deteffi9ined by Talbet's feffftila, bUt *19 ne ease shall be less than twely-e,
shall be designed and aeeer-danee with eity standar-ds as
such as laFge r rhisteFiEal spets,
assets ,
if preserved, will add attFaetiyeness and value te
Lots. Insofar as practical, side lot lines shall be
Sec. 12.04.250. p ,
at right angles to street lines or radial to curved street and cul-de-sac
lines. Each lot must access a streetef-�, public or private. The size,
63 Subdivision Code Update
Chapter 12.04 KCC
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 and private access tracts or easements shall have minimum radii of
fifteen (15) feet. ,
.
seals,menuments shall be leeated as deteFfflined by the
state plane eeer-dinates is eneeur-aged. A" ether- let eeFneFS shall bee
apply unless speeifieally emeepte
and
geelegy, dFainage patteffis,
64 Subdivision Code Update
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2. Detailed plans feF any picepesed eut and fill eper-atiens shall be
submitted. Th�ese plans shall inelude the angle ef slepe, eenteb!FS,
eempactien, and r-etaining walls.
(G)(:7)(a) if it is feund that tr-affie gel"IeFated will be less than in a
•KGG Title / Zening. GeneFally,
sheu'd be larger than these in less steep aFeas ef the subdayisien.
5. Any el grading shall be aceempanied by eFeSieI9 eentr-el
Sec. 12.04.260. Zero lot line #fie-4subdivisions and short
subdivisions.
A. Zero lot line subdivisions and short subdivisions shall be subject to
the development standards outlined in KCC Title-15.08.320 and 15.08.330.
These standards include minimum lot size, width, depth, etc.
B. The regulations of KCC 12.04.235 through 12.04.250.5 shall apply
apply to zero lot line subdivisions unless specifically modified in the
conditions of preliminary approval.
1. Streets-, curbs and sidewaks.
way is / the Fight ef way width, paying width, and etheF
.
standaFds shall be the same as weuld etheFwase be
The
peFingeter- buffeFiRg F t shall be applied aleigg these Fights ef
65 Subdivision Code Update
Chapter 12.04 KCC
1
,
Fespensibility te fflaintain. These streets shall have asphaltie eF EenEFet-e
1
. 1
paying width „_o,--a;;—eerieE!te F sweets-within the—zeFe let "ne
develepment shall be twenty few (24) feet. The n9m i a ng width
d£ntial-t1EEesS-St,,.1�,,.1rS,.,.,T.,I-ra.,„-vv-twe pR,.t,j�F-E- I,,,,C'e�-�rfi
sidewalk shall be pr-eyided en eAe"(1) side of the stFeet,-as
(2) eF less dwellings. in additien, guest par-king shall be previded at a Fate
PFeYided at the dwelling.
shall be plaeed undeFgr-eund. Aigy utilities leeated in a planting str-Op shall
be plaeed sweh a manner- aigd depth te pemqit the planting ef trees.
These uNl+t+es te be ler=ated beneath .. ..5 shall 7'I—DeiTJCQT/GZij
PFeYided_shallbe .det e�jJy, is feFF•,•Yn/t7la,butCZon T~Te ease •S�JY all be
66 Subdivision Code Update
Chapter 12.04 KCC
ins
and Fequir-ements.
ReCtFieal—Gede. —PeFng*ts shall be ebtained fFen,—t-he State—Eleeti�reea+
Sec. 12.04.263. Clustering in urban separators.
A. All 1--subdivisions and short subdivisions in the SR-1 zoning
district shall be required to be clustered pursuant to this section when the
property is located wholly or partially within an urban separator as
designated on the City of Kent Comprehensive Land Use Plan Map.
B. Cluster subdivisions and short subdivisions shall be subject to the
development standards outlined in KCC Title 15. These standards include,
but are not limited to, minimum lot size, width, yards, setbacks, parking,
landscaping, signage, etc.
C. The provisions of KCC 12.04.235 through 12.04.250§, as well as
other applicable portions of this chapter, shall apply unless specifically
emeept-edexempted. In addition, the following standards shall apply to
clustered Typ�rsubdivisions or short subdivisions:
1. Location. The cluster residential development shall be
required in the SR-1 zoning district within urban separator areas.
2. Permitted uses. The cluster residential development option
shall include only single-family residential uses.
3. Minimum area. No minimum area is established for a cluster
residential development.
4. Permitted density. The maximum number of dwelling units
1 permitted in a cluster development shall be no greater than the number of
67 Subdivision Code Update
Chapter 12.04 KCC
dwelling units allowed for the parcel as a whole for the zoning district in
which it is located.
5. Lot size.
The minimum lot size of individual
building lots within a cluster subdivision or short subdivision is two ,
thousand five hundred (2,500) square feet. New lots created by any
subdivision or short subdivision action shall be clustered in groups not ,
exceeding eight (8) units. There may be more than one (1) cluster per
project. Separation between cluster groups shall be a minimum of one
hundred twenty (120) feet.
6. Lot width. The minimum lot width for individual building lots
in a cluster subdivision or short subdivision shall be thirty (30) feet.
7. Other development standards. Development standards other
than lot size and lot width shall be the same as are required within the SR-
1 zoning district in
8. Common open space. The common open space in a cluster
subdivision or short subdivision shall be a minimum of fifty (50) percent of
the nonconstrained area of the parcel. The nonconstrained area of the
parcel includes all areas of the parcel, minus critical areas, as defined in
RCW 36.70A.030(5) as currently and hereinafter amended, and buffers.
The remainder of the nonconstrained area of the parcel shall be the
buildable area of the parcel. The common open space tracts created by
clustering shall be located and configured in the manner that best connects
and increases protective buffers for environmentally sensitive areas,
connects and protects area wildlife habitat, creates connectivity between ,
the open space provided by the clustering and other adjacent open spaces
as well as existing or planned public parks and trails, and maintains scenic
vistas. Critical areas and buffers shall not be used in determining lot size
and common open space requirements in a cluster subdivision or short '
subdivision. All natural features (was—StFeafns---and eiF buffers,
t
significant stands of trees and rock outcropping), as well as sensitive
68 Subdivision Code Update
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t
critical areas (such as streams, steep slopes and wetlands and their
buffers) shall be preserved.
Future development of the common open space shall be prohibited.
Except as specified on recorded documents creating the common open
space, all common open space resulting from lot clustering shall not be
altered or disturbed in a manner that degrades adjacent environmentally
sensitive areas, rural areas, agricultural areas, or resource lands; impairs
scenic vistas and the connectivity between the open space provided by the
iclustered development and adjacent open spaces; degrades wildlife
habitat; and impairs the recreational benefits enjoyed by the residents of
the development. Such common open spaces moray-shall be retained u.,a,..
conveyed to residents of the
development, conveyed to a homeowners' association for the benefit of the
residents of the development, conveyed to the city with the city's consent
and approval .
Sec. 12.04.264. Clustering in residential zones outside urban
separators.
A. When located wholly outside an urban separator, cluster
subdivisions or short subdivisions are allowed in SR-1, SR-3, SR-4.5, SR-6,
and SR-8 zoning districts subject to the regulations below.
B. The purpose of this cluster development option is as follows: to
permit greater flexibility in design and discourage development sprawl; to
facilitate the economical and efficient provision of public services; to
provide a more efficient use of land in harmony with its natural
characteristics; to preserve more usable open space, agricultural land, tree
cover, recreation areas, and scenic vistas; and to expand the opportunity
for the development of affordable housing without increasing the
development's overall density. Development standards and review criteria
are intended to ensure that lots are consistent with the desired character
of the zone, allowing lots to vary in size and shape, while still adhering to
the planned density of the zone.
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i
C. Cluster subdivisions of short subdivisions shall be subject to the
development standards outlined in KCC Title 15, unless otherwise modified
by this chapter. These standards include, but are not limited to, minimum
lot size, width, yards, setbacks, parking, landscaping, and signage.
D. The provisions of KCC 12.04.235 through 12.04.2505, as well as
other applicable portions of this chapter, shall apply unless specifically
emeeptedexempted. In addition, the following standards shall apply to
clustered Type I subdivisions or short subdivisions:
1. Location. The cluster residential development may be allowed
in SR-1, SR-3, SR-4.5, SR-6, and SR-8 zoning districts outside of urban
separators.
2. Permitted uses. The cluster residential development option
shall include only single-family residential uses, as defined in KCC
15.02.115.
3. Minimum area. No minimum area is established for a cluster
residential development.
4. Permitted density. The maximum number of dwelling units
permitted in a cluster development shall be no greater than the number of
dwelling units allowed for the parcel as a whole for the zoning district in
which it is located.
5. Lot size. In the interest of encouraging flexibility in site design
and the preservation of open space, the minimum lot size of individual
building lots within a cluster subdivision or short subdivision in single-
family residential zoning districts may be reduced by twenty-five (25)
percent of the minimum lot size for the underlying zoning district.
6. Lot width. The minimum lot width for individual building lots
in a cluster subdivision or short subdivision shall be thirty (30) feet. T#e
A shared driveway easement te--may_be
included in the minimum lot width of irregular lots, provided the total
driveway width is no gFeatei=-less than twelve—sixteen (16-2) feet and no
70 Subdivision Code Update
Chapter 12.04 KCC
longer than 150 feet unless otherwise required by the fire and public works
departments.
7. Other development standards. Development standards other
than lot size and lot width shall be the same as are required within the
zoning district in which the cluster residential development is located.
Design review is required for cluster development projects using the
review criteria in KCC 15.09.045(C), Multifamily design review.
8. Additional approval criteria for cluster development projects_
a. The proposed cluster development project shall have a
beneficial effect upon the community and users of the development that
would not normally be achieved by traditional lot-by-lot development, and
it shall not be detrimental to existing or potential surrounding land uses as
defined by the comprehensive plan.
b. The proposed cluster development project shall be
compatible with the existing land use or property that abuts or is diFeet+y
across the street from the subject property. Compatibility includes, but is
not limited to, apparent size, scale, mass, and architectural design.
C. Unusual and sensitive environmental features of the
site shall be preserved, maintained, and incorporated into the design to
benefit the development and the community.
d. The proposed cluster development project shall provide
open areas by using techniques such as separation of building groups, use
of well-designed open space, common or shared space, and landscaping.
Open space shall be integrated within the cluster development project
rather than be an isolated element of the project.
e. The proposed cluster development project shall
promote variety and innovation in site and building design and shall
include architectural and site features that promote community interaction
and accessibility, such as porches, de-emphasized garages, shared
driveways, sidewalks/ walkways, and adjacent common areas. Buildings
shall be related by common materials and roof styles, but contrast shall be
71 Subdivision Code Update
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1
provided throughout the site by the use of varied materials, architectural j
detailing, building scale, and orientation.
f. Building design shall be based on a unified design ,
concept, particularly when construction is in phases.
9. Common open space.
a. The common open space in cluster subdivisions or
short subdivisions shall be a minimum of twenty-five (25) percent of the j
entire parcel, whether or not the parcel is constrained by critical areas of
and their associated buffers.
b. Parking areas, public rights-of-way, maneuvering
areas, read ;streets, storage areas, driveways, and yards within individual ,
lots shall not be included in common open space.
C. The common open space tracts created by clustering
shall be located and configured in the manner that best connects and
increases protective buffers for environmentally sensitive areas, connects
and protects area wildlife habitat, creates connectivity between the open
space provided by the clustering and other adjacent open spaces, as well
as existing or planned public parks and trails, and maintains scenic vistas.
d. All natural features (such as streams and theiF buffers
significant stands of trees; and rock outcroppings) as well as
critical areas (such as streams, steep slopes and wetlands and their
associated buffers) shall be preserved.
e. Future development of the common open space shall
be prohibited. Except as specified on recorded documents creating the
common open space, all common open space resulting from lot clustering
shall not be altered or disturbed in a manner that degrades adjacent
environmentally sensitive areas, rural areas, agricultural areas, or resource
lands; impairs scenic vistas and the connectivity between the open space
provided by the clustered development and adjacent open spaces;
degrades wildlife habitat; and impairs the recreational benefits enjoyed by
the residents of the development.
72 Subdivision Code ,Update
Chapter 12.04 KCC
f. Ownership of such common open spaces ffa-y—shall be
, conveyed to all residents of the
development, conveyed to a homeowners' association for the benefit of the
residents of the development, or conveyed to the city with the city's
consent and approval,
plats.12.04.265 Design standards for industrial and am
B. The street wodths shall be as fellews.-
fe width in
Tnd-mtr-:al A..teFoal 9G - 60
T'T
. I I CF.-..eE.,. ,
ee.
eial
'Alleys 2-G
er
(eighty (89) feet Fight ef way), and eemmereial streets (sixty (6G) feet,
Fight ef way) shall have sidewalks a Fninimum ef fiye (5) feet in width, eFV
thr-eugh StFeets shall have sidewalks a Fniningum ef fiye (5) feet *19 width,
73 Subdivision Code Update
Chapter 12.04 KCC
1
i
1
F. Weeks shall net be less than sox hundFed (690) feet er- meFe than twe
thewsand (2,900) feet on length. Bleeks sheuld be net less than thFee
1
hundFed (390) feet in width, emeept where fr-eigting streets e
,shape and er-9entatmen ef lets shall ngeet the n9iningung area and widti,
I
1
*f lets feF individual sale er- lease aFe er-eated, they shall eenfeFFn te th-e
fellewmigg e,ite,=
was
1. ligsefaF as pFaEtieal, side let lines shall be at Fight angles te stFeet leme-9
2. GeFiger lets n9ay be Feqbi*Fed te be platted wideF than "Fiter-OeF lets
1
1
. .
400 Purpose of type 11 short subdivisionft.
buFdens en the subdoyider- and
1
. . 1
--__ .. .-- --ter-=
lets,A. Any 'and being divided ante n9eFe than feWF (4) and less than ten (10)
, sites eF subdiveseens,
. 1
74 Subdivision Code Update
Chapter 12.04 KCC
l
. . .
the plaigning depaFtngent at an early date en an 019feFfRal bases on eFdeF
steps as fellews;
1:'"PF 1R-9f--the terrtatve--sheFt subdiyisien a'rtv--stFbm1'S'sFvn ef—trrc
meeting with the deyelepeF and the r::Oty Fesultimg gig the issuanee ef -a
.d..par-t.,9ei9t of .,...dam. and .,leetiens
75 Subdivision Code Update
Chapter 12.04 KCC
i
12.04.420 Subdivision on phases.Final plat appr-eval shall be gFanted fer- eaeh sepaFate phase ef th-e
pr-eliminar-y plat and any ehanges at the pr-elinginar-y plat stage weuld
. .
shal' be Ned with the planning depaFtment. A tentative plat meeting ai-fd
42STentative short plat revie
fe-
. . i
i
ef the planning diFeetef-.
G. A meeting eig the tentatiye sheFt plat shall be held, whieh us attended by
the planning depaFtngent.
1
D. The r-eeemmendatiens ef the eity depaptn9efits shall be based
whether the tentative sheFt plat4s-.L
76 Subdivision Code Update
1
Chapter 12.04 KCC
1
;
B.• �.0 with % /
S. in eeigfer-manee with the apffepFiate--StFee tan d _,d aigd the
subdoyismen will be develeped
may stillbe submitted te the s h eFts bd i i H ewePeF. 't
likely that the same ebjeetieFis and ffeblems will ar-ise at that stage.
t h e PFepese She,*, s ha'! make a d eter-riri n a tivrr
whether- the pr-elingimaFy plat . . 1doteena' tentative plat Feyiew. A
plat is net substantially singilar- te the tentative Plat Feyiewed by the eity.
-
/
plat, the
laigs
i9ew plat fer- the same pr-epefty); and
Wig.
12.04.430 Preliminary short subdivision applicaNem.
77 Subdivision Code Update
Chapter 12.04 KCC
i
i
1
by that depaFtment.
B. The sheFt subdivisien plat shall be a neat and appr-eximate Fawing en
I
1 The heFt sub and ngb .d ,d.dFe F the
�.�n�Snrn-rrQa�i'�FS+6R-Rli-'1�" ���F�=ruTnc-a-rra-aaaresa oT�rrG
ewneFr
and the name and addFess ef the lieensed 'and surweyeF and
apploeabler /
B.
lines,
aigd
I streets, buildings, 1 Fam'Feads/ /
alleys,the 'and te be subdivided afid en the adjemning laigds that abLit the
easements,
epen / r-eseFyatiens and utilities;
S. The subdivided; lets;
'ones wothon eF abutting the sheFt subdivisien within a dustanc:e ef fifty (50)
T'Get-;-
78 Subdivision Code Update
Chapter 12.04 KCC
sidewalks,
featWes and r
and ether- planniigg featwes that asswe safe walking
and ether- pedestr-manst
planning d.r-eeteF.
GFeate legal building sites whieh eemply with all 9F KGG T-ot'-e
, rZening,
and health r-egulatffiefl-s�,• physmeal % pr-epesed sheFt plat may be
rinundatien, eF wetland eenditoeigs; slepe,
stability and/eF seil
r
r
S.
r dFainageways,
supplies, watef
SaAwtaFy wastes,
laws, eedes, rules, and Fegulatiens;
' Make adequate ralleys,
pedestFmaig rand etheF publie ways;
lets, eF a side aeeess gaFage,
r
79 Subdivision Code Update
Chapter 12.04 KCC
l
1
and r-eadways shall be eenfigur-ed sueh that at least twe (2) ef these
afld pr-eminenee ef the gar-age and are appFeved by the planning ffianageF. Le
12.04.440 Determination of . � 1
1
f
1
WithmFi twenty eight (28) rzalendaF days afteF r-eeeiving a type 11 sheFt
subdivisien pFelmmmnaFy plat applieatiwi, the planning depaFtn9ent shall mail
0 neemplete. if the letteF Shall identify what
net eemplete, the apploeai9t shall have up te ninety (90) ealendar- days
1
80 Subdivision Code Update
Chapter 12.04 KCC
1:2.04.445 Vesting.
land at the tome that a ffelimiiqaFy plat, appkatieR feF a type 11 sheft
subdoyismem, as defined On this ehapteF, has been deter-mined te be
12.04.440.
12.04.450 Netwee of application.
mailed, published and pested wi the same
the apploeatien shall be deenged eemplete at the end ef the twenty 6gh-t
pareels gr-eateF than twe (2) acres whieh have etheF pr-epeFtmes abutting
CReng,these a'dditie'R'al ' pr-epLTLies shall alse betel ailed a neCiee e
appfFEatF6 R
• i
81 Subdivision Code Update
Chapter 12.04 KCC
1
1
. .
1
subdayffis;em
i
' i
. .
i
i
i
1
.
1
legal aec-ess te the state
i
1
t
highway,highway and the safety ef the users ef the state highway.
82 Subdivision
s on Code Update
Chapter 12.04 KCC
A. Neteee ef the sherl subdiyisieFi eemmittee meeting shall be given On the
nee
• mauled, .
day, at least fifteen (15) ealeigdaF days
2. The date ef the sheFt subd* '-* -- - Fnittee meeting shall be listed eo
abuts paFeels gFeateF than twe (2) affes whieh have ether- pr-epeFties
abuttoigg
.them,
applieatmen
Nith ► eity ►
3. The city shall publish the metmee ef app"eatieig hq a newspaper- ef general
e;Feulatmen within the eity.
PUbliE StFeet eF petentlial ac-eess Feute. Planniiig department staff shall pest
shall alse pest the n Armtoen at Kent Gity Hall and in the Fegistef
83 Subdivision Code Update
Chapter 12.04 KCC
i
t
' 1
peFied. if apploea t
t
.B. The feur-teen (14). day pub" t peried begins eig the date the
published. t
.
The sher-t
sub 's+efl---eemF'Nirtce sht3N net take t"}et,w,---vn a sh$Ft subd;-P+s;vrr
. t
King Geunty health depar-tment and feF paying the health depaptment
i
fee.
y 2 AA AAA Short w .bdoymsmen ww m:iiww
A.
/ t
A designated alter-nate shall have full veting peweF in the
' '
84 Subdivision Code Update
Chapter 12.04 KCC
.lat
•
I
1 epen te the -
1:2• •
uniess the eity fends-that-.
14. Appreffeate PFevismems haye been Fmade feF;
d.-Sanitar-y wastes;
f.e. Petable water- supplies;
;
areas;
1Geheels and seheel gFeUnds;
steps;
aigd deviees, and ether- planiging features that asswe safe walking
1and etheF neighbeFheed seFvmees..,L
1 ;
1
85 Subdivision Code Update
Chapter 12.04 KCC
t
er- impaet fees shall be allewed that c-enstitutes an Lineenstitutienal taking
j
r-equir-ed as a eenditmen ef subdi i i . , eval. Dedoeatoens shall be eleaFly
h.d i.
12.9 . 95 Deeoseenshort bdm mutually agreed apen by the subdivideF and the sheFt subdivismeR
.,.:tte
B. The
. '
,
, appreye with
fige6feeatmens and '
1
i
86 Subdivision Code Update
Chapter 12.04 KCC
subdivisi-
een9mottee.
eemmottee if it is fewnd by the planning diFerAeF and the applieant that mew
0 nfeFngatwen has eeme te light that might affeet the aetien taken by the
sheet ,...h.d:..:..:..., eenningittee.
F.
/
any appeal n9ad-e
the appeal.
12.04.SGG Appeal of short subdivision eammittee decise
The .Ir...:.-:.. of the h....E h.�:..: ham. fonaI • -"aR
�'JTI4IT�JQ�'QGTPT�rC�Ttm7LCe�rJ7T1'�T1 / unless
court.12.04.SGS Appeal to superler
final,
unless appealed te the
awt. Sueh
must be ed 12.94.519 Property annexed to city with short subdivisi
preliminary plat approval from King Gounty.
annexatien the
/ planning depaFtFaent, depaFtment ef publie /
density,B. The let size and di and the PF ade fer- ep
spaee /
/ dF / / alleys, publie ways, / /
87 Subdivision Code Update
Chapter 12.04 KCC
paFks
and these
► playgFewfids, ►
These plats are te be develeped On ► _s- iff
date the applieatien vested. The date ef appFeval will be that date eFv
$. The pr-ecedHFes feF type 11 sheFt subdivismen final plats shall be these
ffia*19S, StFeet name signs, street tFees and planting str-op landseaping,
tegetheF with all appurtenances theFete.
I
► l
'EhaFge the subdivideF a fee that has been assessed wig aeeeFdanee with.
,applicant as-a+se respensible
88 Subdivision Code Update
Chapter 12.04 KCC
24S
r
the defeFment planning depaFtments stating the Feasens why sweh delay as igeeessaFy. if
shall rr-oe--E9�RC-lttsive. =urn—bend--shall 'l.rt--Re exQr:t wvrerthat nun be
peFf-Affnedi by the applicant and shall speeify that all ef the defeFr-ed
E!nts be eempleted within the time established by th-e
. if ne tkne is established,
then the time peFied
eheek eF assignment ef funds an lieu ef a peFfemqamee bend. Sueh eheek eF
sha" be made payable te the eity ef Kent and shall be in the
sange ameLint as the bend it is sabstituting;-
• The eity r-eseFyes the r
it by
te pr-eeeed against sueh bend er- ether- payngent kq lieu theFeek
r r
r
the r r
F.
89 Subdivision Code Update
Chapter 12.04 KCC
SheFt subdiviseen when the Fequir-ed impr-evengents have been installed a
• im A. Aig applmeatmeig fer- sheFt subdayesieig final plat shall be filed with the
plat.PFeser-mbed by the planning depaFtment. The final plat shall be PFepaFed by
B. The sheFt sLibdivismen final plat submitted fer- filing shall be twe (2)
!
sheFt plat.
4. Display the 'ones ef all StFeets and Feads, alley Higes, let lines, let and
,any limitatiens.
line, beundar-y lane and bled( line en .
line, !
.
90 Subdivision Code Update
1
Chapter 12.04 KCC
i
te be subdoyeded en beth the title FePeFt and final and/eF FeeeFded plat 'ones. The plat shall be aeeempaigied by a EUFFent p
- . - it the plat within such seetien eF serAgens. The plat ai9d seetien SLiFyey
eer-ner-s and diStaAEes ef the p'at shall ar:eempaigy this data. Them A F-;;-ble
the plat.
15. Be signed by the ewner- ef the PFepeFty en the Mee ef eaeh final plat
! 16. ineade a netaHzed eeptifleate ef the ewigeF, eeAtFact PLIFEhaseF,
1
91 Subdivision Code Update
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l
being subdivided ifidmeating that the sheFt SUbdiViSmeR is FAade with fFe-e
all parties having aFiy ewigeFShmp interest in the lands subdivided. Fef
puFpeses ef thus seetien, "ewrieFShip interest" shall ine'Lide legal and
eqw
1
2.
s that nts-and stakes . .:ll be
4. GeFtifleatiem by the engirieeFing department that the subdivider h
eengplied with either ef the fellewing alternatives-.,
a. A" have been installed iH aee8Fdanee with tl-�e
(45) days Prier te final plat appleeatieri, that deebimerits the ewiqeFSh*P aREI
lasts all 1*ens and enewngbranees. The legal deseriptieri an the title FepeFt
sewage dispesal and water seFY'ee are aer:eptable.
the plat. The eity reserves the Fight te require updates ef the eeFtifieate ef
title repeFt at any time prier te signing the final plat by the sheFt,
1
92 Subdivision Code Update
Chapter 12.04 KCC
.
8. Gepies of any r-estFietiye cevenants as may be used an the sheFt,
S os'eR-
D. All SheFt subdivislen final plats shall be suFveyed by a land sur-yeyef
state. A" exte ' - and/eF aiggle peents shall be set
with Fe baF and .
aEEeFdanee with eity ef Kent standards and shall be installed peF these
FeEeFdeF must be previded en the final Fny+af-.
withiiq the pFepesed plat, the platteF eF its assigns shall have these
easementS Fengeyed er- shall haye their- Fights suber-dinated te these ef the
F. The final siger-t plat shall be submitted te the planning depaAngent feF
suFvey data and plattiAg i s .
befeFe It is filed with 6('Fgg Geufit�fr
H. Aig appr-eyed sheFt subdiwisieig final plat shall be filed fer- r-er=eFd On the
G. The sheFt subdiYosoeig final plat shall be signed by the eha.r-Fnan ef ti-te
1. A eepy ef the r-eeer-ded sheFt plats shall be Filed with the planning
93 Subdivision Code Update
Chapter 12.04 KCC
four (4) years from the date of preliminary plat approval unless a
final plat based an the preliminary plat has been reviewed
approved by the eity and reearded with I(Ing Gounty. in
peratmen. Short subdivision preliminary plat approval shall lapse
expired as of the passage date of this for these preliminary short subdivi i ovals that have not their expiration
Per"ed sha" be extended two (2) additional i
four E4) year expiration peried from the torne of preliminary
12.94.535 Preeedure for alteration of a type 11 short subdivision.
alteFatmeig
• / / /
-pfeviding that the par-ties agree te ter-fninate eF alter- the r-eleyant,
i
1
94 Subdivision Code Update
Chapter 12.04 KCC
QTG-J'Ql7dl"VT3T'VTI—eADffimTCCC'G, OTCCT
-.ITT
D.
appFeyal and / but prier- te filing the foigal plat with King Geunty/
eengmittee• /
lets, the planning
/ / eF be
levied equitably en the lets Fesulting fFeFn the
. if any 'and withfiff
between adjaeefit ffe r
95 Subdivision Code Update
Chapter 12.04 KCC
subdoyffiseen eemmottee, the final plat shall be filed with the eewnty audi
r-eplatting ef any plat ef state granted tide eF sher-e la
any peFtieiq theFeef, that per-sem shall file an applieatien feF vaeatien with
► the
,
the
pr-ehibited under- state law.
96 Subdivision Code Update
Chapter 12.04 KCC
shall
► such land, Of net deeded te the eity,
be deeded unless the city ..:I sets FeFtI,_ fk9dC.. gs that, *09-e
I ►
title
theFete shall vest with the per-sem er- peFs . g the pr-eper-ty en each
R.
lands.
plat ef state granted tide er- shere
S4S Standards for the subdivision of 'and and any
• • .
• valuable,
I supply,
• /
and te the
be haFmful te the safety ai9d geneFal health ef the future Fesidents such as
/ bad / steep ►
97 Subdivision Code Update
Chapter 12.04 KCC
1
as safeguards against these ad Fer-se een
hear- tilge final pla.il
shall be preserve
any adepted Plans fer- streets im the eity. The pr-epesed street sys shall
extend existing streets at the sange ep gr-i WiElth, u fq less-ethefw+se
1
98 Subdivision Code Update
'
Chapter 12.04 KCC
" „e.
2. Res4dentaal ewl de saes shall net emeeed a length ef five hundFed (500)
feel
1
/ as adepted and
angemded an •
4. A tangent ef at least twe huigdr-ed (200) feet length shall be PFevided
• /
ali
• /
the eenteFline
r-ad*ws ef ewyatWe shall be met less than thFee hundFed (300) feet and eft
etheF str-eet.s R.: shall be net less than efie hundred (100) feet.
lefigth ef twe hundred (299) feet unless speeified ether-wise by the pub i
7. All stFeets shall be platted at full width. All StFeet i nts shall b-e
ef kill width in9pr-eyengent. Full width iffiffevengent shall eensist ef
T'�'..7
' All streets, /
99 Subdivision Code Update
Chapter 12.04 KCC
ne
,
shall haye /Be net 'ess than five (5) feet In f. A" streets shall have street lightmigg lecated aigd iinstalled aeeeFdanee
width/18 feet
g. Sticeets whic:h fflay be extended in the event ef future adjaeent platting
greater- depth than an aveicage let shall be impr-eved with tengpeFar-y
/
as
' ' ,
hemeewneFSTC'QVGc, es, an fFuit debris. 1"i'Qil"fCGT7LI7TGe "CIVCc net inekid-e
sueh things as / / Feet /
.
The
,r ,1 i.,W��E€`�E,[��11II�"A (�;o ,IE€�E,
100 Subdivision Code Update
Chapter 12.04 KCC
PF•ResedenNal L V V QQ
T
G a' a'C'�LTG 45 2-8
e shall the same feF the type ef street defined im the r:en9PFehemsmye plafi. T-1-ce
a.vry (
• I Fequirmed and are speeifm
rswiditiensr
il. ResrQcrrtiur-;rLrfy 2',5 E$Rrrer=tca t9—aiTer'ru�--vt—E9rreEstreets shall pr-evide eUFb bulb euts at eaeh plat �9r
r
' depaFtn9ent, on eefisultatien with the 'nming—services effiCea'nd RTC
b. TIC"CTtl'ek ehe7l(eFs aFe r-equiTeden blee than Fiye h ndr(500) feet On �d�
length,
unless ether-wise deteffflined by the publor= weFks
e-GtheFt'u'TTie .'ainging d'eS'igigs an iffiffevements n9ay be deteFfflaaTICEl
r
OR
101 Subdivision Code Update
Chapter 12.04 KCC
These eptiens inelude, but are net limited tes
Cha n es—ad
v. Speed hLimps.
none (9) lets. These stFeets shall have asphaltie eF eenerete SUFfaee. The
payefig width feF a" limited Fesideigtial aeeess streets shall be
twenty (29) feet. A five (5) feet wide sidewalk shall be PFeVided en ene (I-)
the eity.
under-gr-eund. These utilities te be leeated an the planting stft shall be
1
1
102 Subdivision Code Update
Chapter 12.04 KCC
1 / saFlitaFy
' F I1 suFF.. a wateF. Gress .1.--,i.... shall be pr-e .Gde d-te aeeemngedate II
deteffl9ined by natWal wateF flew and shall be ef suffeeient length te peffHit feill width
shall be designed aAd installed wig aeeeFdaFir=e with eity staigdar-ds as
adequately sized areas -1"eF PUblE Cf31'._.C.._ Hcr7
-e. Easements may
geer-ing depaitmerit. Due regard shall be shewn fer- all natural feature
/ / WsteFieal /
a-,rs�` --vrliTC-'h/—�r--pizsEti=v2d,- will a'av--attF3Etly@R@SS al=r"a YurEFe t6waffan -z 2
Bleeks shall net be less than thFee hWAdFed (309) feet ner- meFe thaig epe
theusand faye hundred (1,509) feet on length. Where eir-eumstamees
t/ theMThear—o ITg—e�,'�G,,I,TT,7�7.T`eW �lT7 Fequ&'Fe"'em'..
than
iig
meeessar-y. SUCh EFesswalks shall be payed fer- their- eMiFe width aigti
length with a peffigafient swFFaEe and shall be adequately lighted. Bleeks
103 Subdivision Code Update
Chapter 12.04 KCC
insefar- as praetaeal, side let lines shall be at Fight angles te street lines ef
eF ffivate. The size, shape, and er-mentatmen ef lets shall meet th . . I
Ger-neF lets n9ay be r-equmFed te be platted with additienal width te allew fer
these :tr__t=. _.^.11 let eemeFs at ef dedi ,ated publie .. „hts _F '
12.94.579
state plane eeeFdonates is eneaur-aged. All etheF let eeFneFS shall be
The
and in whieh any street in the subdivisien has gFades greateF than seven
104 Subdivision Code Update
Chapter 12.04 KCC '
1
rFegalatiems ef KGG 12.94.545 . .
apply unless speeifleally exeeptec6
r .
eempaetien2. Detailed plans feF any pr-epesed eut and fill eper-atiens shall besubmitted. These plaigs shall the angle ef slepe, eenteWs,
r3StFeets /may have a grime eP?:....��.. ., fi fte.... (1 5) p ....e.it and stFee
r
r .
rubdivisieR
.
r . . .
12.04.S75 Zero 'at mane type H short subdivisie
1 A.
r _ /
r . . . .
1. Streets-, curbs and sidewaHfs.
isystems,
r /
standards shall be the same as weLild ether-wise be r-equwFed. Tl:w
105 Subdivision Code Update
' Chapter 12.04 KCC
Fespensibility te maintain. These StFeets shall have asphaltir= eF eener-et-e
SWFfaee
per-imeteF buffeFing shall be applied aleng these Fights ef
street,develepment shall be twenty few (24) feet. The Fni i w ng width
all r-esodentIffia' aeeess streets shall be twent,y (29) feet. A foye (5) feet wide
s*dewall( shall be pFe-vmded en one (1) side ef the
HeweyeF
r r
guest par-king shall be PFeVided at a Fat-e
pr-evided at the dwelling.
These Litwkes te be 'eeated beneath payed sur-faees shall be r I
r
depaFtmefitT
and designed an aeeerdanee with eity standaMs.
ae EQ'ITI'RTeQCtCe all T1natural 7�V'tf CA
-previded shall be determined by Talbet's fermwla, but in ne ease shall be
106 Subdivision Code Update
Chapter 12.04 KCC ,
ECG ELF" Permmts shalln be—vvraincv—mem the State ReEtFiea
12.04.578 Glustering an urban separators.
1 size, width,
yaFds, setbarr r landsr r
excepted.appleeable . . . i ef this ehapteF, shall apply unless speewfffieall�t
In r
the fellewafgg standaMs shall apply to clustered Type
..4....-TT F n..M.d:..:.-:...nn.'
1
Qeyelep 1"i-
4. Permitted density. The Fna mbeF ef dwelling units per-mitted -'Hi
7eC�
107 Subdivision Code Update
' Chapter 12.04 KCC
599) square
pr-eseFvatmen ef epen spaee, the miningum let size ef individual building lets
feet. New 'ets eFeated by any swbdivisien ac-tien shall be clustered an
tied--heFe119fter- —amended, aigd b •ffeFS. Theme ef the
rieneenstFa;ned area ef the paFeel shall be the buildable area ef the paFe
,and buffeFS shall net be used in deteFfflin*Rg let size and eemFnen epen
euterepping), as well as sensitive aFeas (sueh as steep slepes
wet'ands and the*F buffers) shall be pr-eseFY
. ,
all
108 Subdivision Code Update
Chapter 12.04 KCC ,
aFeas
► r r ►
Yestas and the eemneetivity between the epen s. by the
degrades wild"
deyelepment
'the deyelepmerit,
• .
A.
,
1 ;
► land,ieAWFal
ef the zene, allewing lets te Ya i9d shape, While still adheFing te
G.
'
unless ether-wise ngedified by this ehapteF. These
standards Ondude, bUt aFe net limited te, minimung let size, width, YaFds,
setbaeks► rlaiqdseap4iqg,
rshall apply aigless spedfleally emeepted-.
109 Subdivision Code Update
Chapter 12.04 KCC
,
91mly single fangily-FeS+d^tri--uses, as defined On KGG �'.'r"rr.
ieeatzd
S. Let si:ffe. in the Onteicest ef eigeewizaging flexibility on site design and t
iFr-egwlaF lets, pr-evided the tetal dFiveway width is ne gmateic than twelve
.
110 Subdivision Code Update
Chapter 12.04 KCC ,
the eempFeheigsive
1 .
r
size, but is met Iffingited te,
seale, mass,
.pr-eseFyed
rmaintained,
develepmei9t and the eemmLinity-.-
use ef well
reemmeiq eF shaFed spaee,
r
sueh as
PeFehes, garages,ed shared driveways, r
styles,
site by the use ef Yaried r r r
f. Building design shall be based en a unified design and eFientateen.
when eenst.r-wr=tmeFi is ki phases.
. r
whether- eF net the pareel
' PaFking rpublie Fights ef way, ngaigewyeFing areas, r
aFeasrdFiveways,
aigd yards within individual lets shall net be
r
ill Subdivision Code Update
Chapter 12.04 KCC
stands ef tFees, and reek euteFeppimg) as well as sensitive aFeas (sweh as-
steep slepes and wetlands and theiF buffers) shall be
and eemfiguFed the manner- that best eenneets and iner-eases preteeti
the develepment.
7ei9t.
12.94.580. Parks and open space .
.
plats..12.04.SSS Design standards for industrial and al
112 Subdivision Code Update
Chapter 12.04 KCC ,
'Awl All"i'LL�
'l
M!,
, 7
—110411P 1,51 a C WMF
industNa'
Ar-teFial
industrial
80 44
Gel'eetef
lmdustpual
60 -36
Aeeess
GemmeFEW
C51G -36
Streets
Meys -2G —
The eity . .e that street wodths in eewmeFeia swbd*y*sneiqs be
!ased t I lF traffie Figeyement and to r-edwee eF elwm*nate tFaffle
eengesti-en-.
G. All indUStFwal arleFial (fiinety (90) feet Fight ef way), indUStFiai c-ellec-ter-s
(eighty (80) feet Fight ef way), and eengmer-dal streets (sixty (60) feet
r-ight ef way) shall have sidewalks a minimum ef five (5) feet in width, eff
beth sodes. M *ndustFna' and eemmere*al aeeess streets whieh aFe alse
thFeugh streets shall have sidewalks a minimum ef fi-ve (5) feet in width,
efi ene (1) side.
1). A" let eer-neFs at inteFseetiefis ef dedi-eated PUblie FightS ef way Shall
haye a FRiniFAUF" Fadii ef twenty fiye (215) feet-.
E. if r-ai'Fead tr-aeks are to be installed an a subdivisieig, sweh tr-aeks alld
theor- FeWte shal' be shewn en the fac-e ef the pr-eliminaFy plat.
thewsaF}
d (2,000) feet ifi lefigth. Bleeks sheuld be fiet less than three
hwndFed (300) feet oig width, except where kenting StFeets e
pr-eyented by tepegFaphieal eenditiefis eF size ef the ffepeFty, on whmet�
ease the 'aFid use ht---'--g ---FAmeF Rgay appreye a lesseF width. Weeks-
shewlEl net be ffeateF than eme thewsand (1,900) feet in width.
113 Subdivision Code Update
Chapter 12.04 KCC
,
/of lets feF iFidividual sale eF lease aFe eFeated, they shall eenfer-m te th-e
i
fellewing EF;ter-iz?:
• insefar as PFaEtmeal,
2. Ger-ner- lets may be r-equiwed te be platted wider- than inteNeF letS as
deteFfnined by the planning depaFtment.
welfare,12.94.690 Purpose of subdiv
gefieFal
and aestheties ef the /
makes adequate PFeViSmeAS feF
f and the Kent eeffiffeheFismve f
and cemplies with the
1 2.AA.6AS Scope.
A. / / /
/ /
ef
1 7 A A G 1 C et seq.
12.04.610 Preliminary eansultatlen with staffr
114 Subdivision Code Update
Chapter 12.04 KCC ,
.
iet eF;
1 ;
1
1
112.04.620
sequenee and may speeify a eempletien date feF eaeh phase. Final plat
12.04.625 Tentative plat re
Ned wmth the Manning
1
1
1 •
115 Subdivision Code Update
Chapter 12.04 KCC
,%.,.,.,V. eepies ef the tentative plat and the subdivider-. Any
D. The FeeemngendatieFis ef the dty depaFtments shall be based
;G. A ngeeting en the subdivislen tentative plat shall be held, whieh
;5. in eenfeffnaigee with the apffeffiate street standaMs and the
subd6y*sien we" be develeped in-,
1
t
;
by the eity, the applieant shall PFeeeed te the pr-eliminaFy plat stage. if net,
hearing examineF. Hewever, it is likely that the same ebjeetmens and
116 Subdivision Code Update
Chapter 12.04 KCC ,
plat r-equiFes additienal tentative plat r-eview. A new tentative plat Fevi
and meeting may be FeqWiFed if the pFelmminar-y plat is iget substantially
neeessity fer- anetheF tentative plat ffleeting shall be based en
and
1 Fiew plat feF the same depaFtment shall eempaFe the subdi-visien tentative plat and the PFePeS
2. The ffesenc:e 8F absemee ef Feyisiens PFesent im the ffeliffiifiaFy plat
12.04.630 Preliminary plat applaeatmem.
A. Applieatien feF a subdivisien pr-elimkiaFy plat shall be filed with tKe
PFeseFibed by the planning department. The ffeliffiinaFy plat shall be
pr-epar-edd by a 'and
. . ,
whieh aFe en file
G. The subd*yOs*en ffeliffimAaFy plat shall
and the name and addFess ef the lieemsed land SUFveyeF and the
117 Subdivision Code Update
' Chapter 12.04 KCC
and
/
lines, / buildings, wateFeeuFses, Fakeads, bFidges,
PFepesed the 'aigd te be subdivided and- en the adjeining laigds that abLA the
ffepeFty. GentewF lines shall be extended at least ene hundFed (100) feet,
• The names, leeatiens, r
alleys, easengents, /
• The r
. emi r
present landseaping.
wildlife
the planning depaFtngent;
a land
• sidewalks, I
features and
and etheF planning featHFes that aSSwe safe walking
I
118 Subdivision Code Update
Chapter 12.04 KCC
planning dWeeter-.
i12.94.635
1 .
!. GFeate legal building sites whieh eengply with all E)f KGG T-M-e
beeause of freed, inUndatien—eF wetland--eel+ -sue
Fits ef this ehapter-;
deemed
• alleys,
12.04.640 Determination of eempleteness.
Within twenty eight (28) rzaleigdaF days after- Fee
the letteF shall identify what
'the extent knewn by the effity, ether- ageneges with jur-isdietien ever- the
119 Subdivision Code Update
Chapter 12.04 KCC
j
i
i
I
applmeant that the applieatien is ineemplete, the appimeatmen shall be
. .
645 Vesting.
this ehapteF and the zening and etheF land use Fegulatiens in effeet en the
12.94.
.
I
. .
heaFaigg. The tentative date ef the publie heaFing shall be lusted en the
published and pested en the same day, an the felleweigg FnanmeH
l
120 Subdivision Code Update
1
Chapter 12.04 KCC
r
r
i
i Placed en the pr-epeFty and shall alse pest the metiee ef appimeatien at Kent
in WFot*Ag.
appimeatieFt -ei.t.y depaFtments, and te any peFSeA whe requests suleh netmee
i . . .
i
I:r uvue heu.i^y^.
. .
Pt
r " "
utilities, .
leeated adjaeent te the Fight ef way ef a state highway eF Within twe (2)
Moles ef the beui9daFy E)f a state eF FnLinmeipal a-FPeFt shall be given te the
121 Subdivision Code Update
Chapter 12.04 KCC
subd*yOsmen woll have em the state highway er- the state er munieipal
A.
!
i
mailed, published and pested
en the same day, net less than ten (10) days pr-geF te the heaFing date.beaFd(s) en the ppepeFty.
within the r=eLinty.
. i
122 Subdivision Code Update
Chapter 12.04 KCC
pested and
The plannin
1 . :
1
en the last day
e a+ i ihal' et
eemment peFied has passed.
TR the tiTr'ILA'f the '}Feliminary subdayisien plat appileatien, wFit eR
King Geunty health department and feF paying the health depaFtment
F..
.planning ,
A. The he shall he'd an epeFl Feeer-d publie hearing en any
i
.
B.
.
A.
.
123 Subdivision Code Update
Chapter 12.04 KCC
.
b. Pr-eteetsen ef envir-enmentally sensitive lands and
.. .. habitat;
e. n
r r
• '
h—St-6ffnwatE'FdEtenti{m=I
, I
,
steps; and
TFansit
Petable water- supplies;
ef hemes weth diminished gar-age deeFS Sweh that ne less than fifty (50)
lets; eF a side aeeess gaFage,- eF a garage aiEeessed Yia a FeaF alley; eF a
Feadways shall be eeigfigHFed sueh that at least twe (2) ef these eptiefts
t
- i
net PFevide the new lets with diFerzt vehieuiar- ;
124 Subdivision Code Update
1
Chapter 12.04 KCC
Ssubday6suen and dedicatmen; and
.1 } / wetland—e@ r / er- sea! stability wid/e
r
plat.shewn en the final Ne / ublie r
Si�d1•b`F5i$R-
Decision an
. r
B. The funa' deEirsrvrrvf Ct'rC"rTea iir- e�Ed'Ffl'F'R•,•. shall be •,•1.,...,.1 ,:th:.-. f.,.,
r
l Vl V
r
based en the FeeeFd
deeffisien by the hear-i aF Within five (5) wer-king days ef the date-
}the deerzrvri—ra—Ten d eiz /
125 Subdivision Code Update
Chapter 12.04 KCC
appeal deadline. Recensider-atien requests shall be answeFed On wiciting by
Fequest feF r-eeensideFatien is denied, the appeal deadline ef the hear-Ong
if a
. i
i
court.12.94.790 Appeal to superier
r:eLir-t. Sweh an appeal must be filed with the super-iei: eewFt within twent�-
04.705 Subdivision preliminary plat experat
. Subdivisien ffeliminaFy plat appreval shall 'apse five (5) yeaFS fFenq th-e
date ef appr-eyal unless a final plat based eig the pFeliminaicy
er- any
/ plat,
phase
be gr-aigted te an applieant whe files a WFitten request with the planning
geed faith te submit the final plat within the five (5) year per-meE6
eareumstanees er- situatmens wheeh make te file the final plat
126 Subdivision Code Update
Chapter 12.04 KCC
request must be filed at 'east thiFty (30) ealendaF days PFmeF te the
der=wmentat*en—aS—tv--trte need feF the iadl t16Tia'r— nge. AddrkFCirrarmrre
G. in the ease ef a phased r
autengatie ene (1) year- extensien feF the filing ef the next phase ef the
1:2.04.710 Property annexed to eity with preliminary plat appreva4
annematiwir the plam9oigg department,
whieh aFe en file On the eity
. fees,
B. The / At /
spaeeI dr- IStFeets Ialleys, publie ways, I /
par-ks/ playgFeunds, /
and these
These plats are te be deyeleped On aeeer-danee with eewi9ty standards
G. The ppelimii9ar-y plat shall eemply with the King Gewnty r-egulatien-5
date the appleeatmem vested. The date ef appr-eval will be that date eR
1). The pFeeedures feF subdiviseen final plats shall be these eewl9ty
127 Subdivision Code Update
Chapter 12.04 KCC
A. The fe'lewing tangible in9pr-eveffients may be r-eqUmFed befeFe -a
subdaymsmen final plat is submitt
deviees, menumei9ts, sanitarcy and steffig seweFS,—street l hts, wete
ngains, street name signs, street trees and planting strlp landseaping,
speeifie-atmens and tandar-
B. The en-* lepaFtngent shall be Fespensible fer- the i
,
NheFg e t# ,Qer--a—f��-a-;�een—assessed—in—aefeFdaec�h
ceed+eg with subdivisiena er rent- the stbdivideF shaR
9. Ne final plat shall be sAmitted te the eity eewneil until all
pelted—€eFdefe . , TF aeyeleper- w0shes to defereer-tamR
and planning depar-tments stating the Feasens why sweh delay is
igeeessaFy. if the defer-ment appFeved, the develeper shall fur-nosh -a
1./\.1IVI IIIG11\..e VV11{J 6 G{„lypl
to the amew'Rt-9f such hv.,t shall be ne e Jsye. Sueh bend shall lost Fh1 cemaet wer-k that shall be peFfer-med by the appleeant and shall speeify that
128 Subdivision Code Update
Chapter 12.04 KCC
by the en-' . - lepaFtment. if ne time is established, then the time
peFied shall iget be lenger- than ene (1) year- afteF appFeval ef the final plat
by the eity eewneml. Tige bend shall be he'd by the eFigimeeFiFig all ef the defer-Fed mffipr-e-vements be eempleted within the time establish
eashoeFr
S eheek eF assignment ef funds im lieu ef a peFfeffnanee bend. Sueh
rsher* er- assignment shall be made payable te the eity ef Kent and shall be
• The Fight,Feser-yes the
Ot by
te PFer=eed against sweh bend eF ether- payment *n Neu theFeef.
r r
in ease ef
FeaseRable the-
r
the r his r
plat.final plat wheig the FeqWiFed i . !nts have been Oigsta"ed and
12.04.729 Filing the subdivision final
A. Aig app"eatmen fer- a subdiyisiefi final plat sigall be filed with the planning
by the plaigning depar-tment. The final plat shall be pr-epaFed by a la
RGW
r r .
129 Subdivision Code Update
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,•
ssubdi lrweF
• Display the leiges ef all StFeets aigd Feads, alley loiges, let lines,
let and
aFeas te be dedmeated te pLiblie use, with netes stating their- pwr-pese and
'one, beundaFy 'one and bleek line en site;
and beaFffingS in degFees, minutes and seeends;
,'
if PFeyided by the
1= t ublir= wer-l(s feF peffnanent eel9tFel menwneFitsvTr the-rrrrar
bend;
lets, streets, i
130 Subdivision Code Update
Chapter 12.04 KCC
. lines,
eeFtifmcmate with the idefitic-al metes aigd beunds legal deSeFiptien ef the land
shewing a" distaFiees, angles and ealeulatieHS FeqWiFed te deteffigine
1 data.eeffier-s and distaiqc-es ef the p i at shall ac-c-engpafgy this The allewabte
,
seetienbeing subdivided ifidoeating that the subdi i i Lade with fFee eensel9t
..
fee-+qteFes ,
131 Subdivision Code Update
Chapter 12.04 KCC
G. in additien te eth gents as speeified On thus
the finai
,
1. GeFtffieatien shewing that streets, Fights ef way and a" sites feF publie
use have been pr-eper-ly dedic-ateil-,L
and that n9emungents and stakes will be set-,L
sewage dispesal and water- seFvlee are aeeeptable;
r defeFFed `S.
plat,(45) ealeigdaF days PFieF te final plat appimeatien, that deeungents the
'
the final plat by the eity eewqeilt
been paid an aeeeFdaigc-e with RIGW 58.08.939 and 58.08.940 and that a
depesit has been made with the King Gewnty foiganee depaFtment
aFe ne delinquent speemal assessments and that all spedal assessments
eentaomed dedoeated feF streets, alleys er- ether- publie uses are paid in fall;
132 Subdivision Code Update
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• .
On the state. All exteFi - - 3nd/eF angle peints shall be set With Fe bar-
wid eap. The type ef street menuments used shall be in aeeeFdafiee
eity ef Kent staigdaMs and shall be ifistalled per- these same stafidaMs. The
► ► eit ►
► finanee ►
the King Gewfity assesser- and the Kiprg
within the pr-epesed plat, the platteF eF its assigns shall haye t1gese
easengents Femeyed eF shall haye their- rights saber-dinated te the city ef
F. The final plat shall be submitted te the planning depaftment f-eF feview
platting Fequir-emeFits. The planning dle aFtmeFit shall distribute the f6fial
plat te a" depaFtments and age Ang the pr-elimaigaf-V plat, and to
as Os deemed ner:essafyr.
After- the final plat appl-eatien has been deter-mined te be eemplete and-
G.
►
all ef the Mat eendatiens haye been
the plat will be ef-fiegally aeeepted
133 Subdivision Code Update
Chapter 12.04 KCC
it shall be signed b,
H. ,
the foigaigee diFeeteF. The fmigal plat shall be filed with the King Gewnty
allditeF by the eity.
1. A c-epy ef the Fer=eFded plat shall be filed with the plaigigiigg depaFtmeF�t
publie s-.-
time -
if a final plat has net been submitted feF Fec-eFding within six (6) FfleAths
after- appreval by the eity eewnreil, the plat shall exper-e and be null afid
12.04.730 Subdivision final Plat emperation.
plat.
the plat shall be reswbFnitted as a e rev
,
12.04.740,
lets,interest ki , ►
B.
►
134 Subdivision Code Update
Chapter 12.04 KCC
r-equir-ed by the subdivisien applieatien. The planning d-FeEteF shall have
D.
FeqLI*Fed by the subdivisien plat applieatien. The netiee shall establish -a
with Migg
. .
the eity
the subdivisien plat
publie-fig' .
F. The eity shall deteFffiine the publie use and the PFepes
assessngei9ts shall be equitably di-vided and levied against th- - . . 9
135 Subdivision Code Update
Chapter 12.04 KCC
sweh 'and may be
►PFeperties.
The final plat shall ar=ewately r-efleet the appr-eved alteFatielq and shall
theFeef, that persen shall file aig applieatien feF vaeatien with the plaignipg
theFeef.
G.
'
the
street
• ►
ffehibited under- state . l
w6thon the subdivisien, and within three hundred (300) feet ef subdivismen
136 Subdivision Code Update
i
Chapter 12.04 KCC
et3r-+ng-;r the-requested-vaetlriv„-deeS-,=red-FRv=vrve-a
sets ferth findings that the publ.e use weuld net be served in r-etaifiing titl-e
te these 'ands.
E. Title te the � . . . ipeFty shall vest with the rightful ewner- as shewn
few9d that Fetaining tift te the 'and is net, on the publie kqteFest, title
Yaeated h.d4y*s*en
12.04.745 Standards for the subdi.wi.si.en of 'and and any
deR7s-.
area.valuable, enyir-enmental amenities and te make wr-b
/
137 Subdivision Code Update
Chapter 12.04 KCC
'and w0th featLlFes likely te be haFMfU' te the safety and geneFal health ef
the-,um;z--Fes;ueRts-streh-as land--avPers�¢-�#ec�e ,
I
eff-eFt Shal i be Fnade te preserve existing trees. EyeFy effeFt shall be Rgad-e
sT'1'QCRQ—T1'7'dLTQ'e G7TT—G'V GTTG'w—GTE'GTt, aiga'Z''I'TGttem'p���'RT12L�Tc
B.
bLiswigess, / er- indWStFmal 'and use / buffeF stFips may be
/ subdayisien,
existingextend et'.s-arthe sdpge 6r- greater- width, anress-vmervvrs2
be appFeved by the city. StFeets with existing eF PFepes
G. The alignment ef all streets shall be Feviewed and appr-eyed by thee
138 Subdivision Code Update
Chapter 12.04 KCC
-ir Where —street etvrrS—rnuSL be 6ff-si- , saeh 8�-Sets —shall n--net,
f eet-.-
. ll r
the inter-natiena4
Residential / eF etheF applieable building eedes,
amended On .
4. A tangent ef at least twe hundred (200) feet length shall be PFeyided
. /
S.
/
• width,
the eenteFline
Fad*us ef eUFyatwFe shall be net less than thFee hundFed (300) feet and eR
7. All StFeets shall be platted at full width. AN StFeet i !Fits sha" b-e
ef full width iffiffeyemeiqt. Full width wmpmyement shall eensist ef
7�Tg..
' / /
b. A" street and alley suFfaees shall be ef asphalt eeigeFete aeeer-ding te
139 Subdivision Code Update
Chapter 12.04 KCC
r
sha" have ► I
f. A" streets shall have street lighting leeated and aeeerdanee
. i
Ore 4` €."EIS sE.
f
gr-eateF depth than an aver-age let shall be ingpFeved with tempeFafy
Be net less than fiye (5) feet in width;
Be le'E'a'te'G"between :7717'C`VYS] K'.Te''mECRT- /
applied by the publie wer-l(s deparlment, an r=ensultatmen with the planning Y. Be the magntenanee ef the I
hemeewneFSi
• Maintenanee Ondudes wat r
leaves, fallen bFanehes, "LITI' ffuit debr-is. TG'IT�CCTTGTTCe CrQCsTnt7�1—ITIGTGTCfC
sueh thongs as r / r
140 Subdivision Code Update
Chapter 12.04 KCC
SAJ
14
SEA' 3 Kfiewnpr-ehef9sive plan, must be adheFed te if full pavement r-equired2
,
F4pp
7SCJ1'GCTTCTCIr
Ge I�vT
ResWeigtial r✓tFe�4 49 ZV
G 'lca' de S r-e 45 -2-8
depaFtmentr
streets shal' pr-eyffide EUFb bulb euts at eaeh plat entr-anee, er- shall pr-evide
141 Subdivision Code Update
Chapter 12.04 KCC
h. Mod Meek Nhel(er-s--aFe-Feed--en blecis—
i
cGtheF t-Fa#+c dete ffni eE
I
i
TFaffin a .des;
GheI.
7TrGTIT�ec
I
se--streets shall haye spha+t+e-eF eeneFete SuFfater;e
twenty (29) feet. feetwide sidewalk shall be PFeYmded eig ene (I-)
side efthe street,-a- . HeweveF, a sidewalk as net r-eqUeFed
D.
Aminimuffiten" ip TT lan.dnr=a ip,Q
`"h' 7
wheFe-it as-ad-jaEen-te
dur-eetYehm aeeesr t
an aat-eagat+c�„;gatien system suff+e+eet-te eestr-e suFyiyal e#-the-pl ed
landseaping strip and the subdivisien lets and shall be eenstFueted ef
m, shall be depieted em the fimal plat. Mainteiganee
142 Subdivision Code Update
Chapter 12.04 KCC
installed,appr-eved by the eity.
wnder-gr-eund. These utilities te be lec-ated in the planting strlp sham' be
suKaee material.
B. / sanitarcywith eity standards.
natural water- flew and sha'! be of suffleieAt leiggth te per-mit full width
deter-mined by Talbet's fer-mula, but in ne ease shall be less than twelve
1 i'fl G i,c-hTsr
shall be desigried afid installed gig ac-cer-daigee with eity standards as
i 2.AA 7CC r1. b"a use and servace
ear.
trees,Due eensWer-atmen shall be giyen by the te the alleeatiefi
sweh as large /
pr-epeFty.
y A 0 .760 Meeks
143 Subdivision Code Update
Chapter 12.04 KCC
f
Bleeks shall iget be less than three hundFed (399) feet meF Fner-e than epre
eresswalks ef iget less than six (6) feet on width dedieated te the rzity ta
j eiggth with a peFFMaigent SUFfaee and shall be adequately lighted. Bled(s
shall be wade eigeugh te allew twe (2) tier-S ef lets, e)(cmept where fFenting
f
f
f
1 2 n w -sc r L_i..
Fadial te eur-yed StFeet lines. Each let ngLfst fr-ent upeig a public- street ef
Fead. The size, shape, and eFeentatmen ef lets shall Fneet the minimUM aFea
Imsefar- as ffaetieal, side let lines shall be at right angles te street lilges ef
nger-e eF less parallel streets shall be per-mitted aeeess te enly ene (1) ef
way shall have minimum r-admi ef fifteen (15) feet.
I
f
f
f
04.770 Other
. �
I
state plane eeardinates as eneewraged. All ether let eemer-s shall b-e
f
signs.B. Street
f
.st:�bdivlder- at his eest shall install street nang all private f
144 Subdivision Code Update
f
Chapter 12.04 KCC
f
submitted.and On whieh any street in the subdivisien has gFades gFeateF thafl seven
fellewing standards shall apply te hillside subdivisiens an additien te thee
apply unless speeifleally emeepted-.
These plams shall inelude the angle ef slepe, ►
c:emparAien/ aigd Fetaining walls.
3 StFeets n9ay haye a gFade a r:eei.1, g F:fte ig (1 5) perceent d ctr[e
�-
(G)(7)(a) Of it is feund that tFaffie generated well be less than in a
•KGG Title ► ►
sheuld be larger- than these On less steep areas ef the subdiYesien.
lets on steeper areas ef the subdiyisien
y 2.0 77C Zero 'at 1-ne s bdayes e s.
A.
gaze, ►
depth, its
speeffleally • in '
zeFe let 'one subdoyasgeii�
145 Subdivision Code Update
Chapter 12.04 KCC
a. Publie streets. in eeFtain areas, due te existing er- planned eiiceulatieii
way is
ht
rwidth, paying width,
and ethe
suFfaee
r
street,develepment shall be twenty feur- (24) feet. The Fnm 1 0 ng width
all r-esudeigtloal ac:eess StFeets shall be twei9ty (29) feet. A five (5) feet wide
HeweveFr
ef 0.5 guest par-king spaces per- dwelfligg unit beyend the neFFnal par-king
pr-evided at the dwelling.
(2) eF less dwellmiggs. in additmem, guest par-king shall be pr-evided at a rate
i
'r
i
,depaFtnqent,-. 1
and designed in aeeer-dance with eity standards.
I
i
146 Subdivision Code Update
Chapter 12.04 KCC
aeeemmedate a" natural water fiew and shall be ef suffleient length to
ffeyideEl shall be detefffliFled by Talbet's feFMU'a, but in ne ease shall be
less than twelve (12), imehes. All mebile heme parts must rzemply with eity
dFainage
piceper drainage ef all suFfaee water. Gress dFairis she!! be picevided te
fare hydrants shall be designed and installed in aeeer-danee with eity
and requirements.
EleEtFic:al Cede. PefffliiSsn"na,r be ebtaii=red ffeng the State EleetHeai
.
GempFehensffiye 6and Use Plan Map.
,
•
shall apply uriless speeifleally
,emeepted'
taridards shall apply te duster
subeNvisieris+
areas.The dwsteF residential
'
enly single family residential Lises-.
3. Minimum afee. N i area is established FeF a duster residefgtia4
147 Subdivision Code Update
Chapter 12.04 KCC
+eeated.
5. Let s�ze. in the migterest ef e flexibility in site design and the
the minimam let size ef individual buildiFig lets
I ,
500) square
feet. New lets eFeated by any subdivisieig aetieiq shall be elustered On
gr-eups net exeeeding eight (8) units. There may be Fner-e than ene (1)
6. Let width. The m*nanqum 'et width feF individual bueldong lets On a cluster-
subdovisien shall be thirty (39) feet.
7. Other- deve�pment standaf�ds. DevelepmeFit standards ether- than
and h,erek9a€teF—amerr'�"a� ,-- ai?d b'd,TeFS. The I%-II,.,,Aer of the
fieneenStFained aFea ef the par-eel shall be the buildable aFea ef the pare
the elusteFing and ether- adjacent epen spaces as well as existeigg eF
and buffer-s shall f9et be used in deter-minifig let size and cemmen epeFt
148 Subdivision Code Update
Chapter 12.04 KCC
ebiterepping), as well as sensitive areas (sueh as steep slepes
aFeaS
affieWIWFal
► FWFal aFeas,
areas,
Ymstas and the eenneetivity between the epen s. by the
Fes+dents ef the-de ent, ewweyed to the eity with the '
Kent.
12.04.779 Cluster' - . * lenteal zones outside urban separatom.
ehaFaet
eRstwes—te preserve-n9eFe usable-epen spa ,
eeyeF► ►
ef the zeige, allewing lets te Ya. -19d shape, whole still adhering te
eut"ned On KGG Title 15, unless ether-wise ngedified by this ehapter-. Th
149 Subdivision Code Update
Chapter 12.04 KCC
Standdi'-d'S'-lndna�ae, but-irr•e-met limited rnginimang let size, width, yaFds,
r shall apply unless speeifeeally exeepted,
in r
GR r SR r SR r
uses,
as defined On KGG 15.92.1151.-
•ffeseicyatien ef epen spaee,
lets, the minimum let size ef if9dividual buildligg lets
(12) feet.
• r
150 Subdivision Code Update
Chapter 12.04 KCC '
the e8H9PFeheiqsioe
a. The pr-epesed cluster- development PFejeet shall have a benefiemal effec-t
PFeserved► maintained,
■ •
► de emphasized gaFages, shared driveways, ,
styles, Buildings shall be r-elated by eemmen
.
site by the use ef YaHed ► wehiteEtUFal detailkig, builderig seale7
and .
phases.when eenstlr-uetgen is in
. ►
151 Subdivision Code Update
Chapter 12.04 KCC
1
b. Par-king areas, ptiblue rights ef ►areas, driveways, and yaFds within individual lets shall net be ineluded 4ff
1
the c-laster-ing and ether- adjac-efgt epen spaces, as well as existing er
1
.steep slepes aigd wetlands and their- buffers) shall be preserved.
i
stands ef tFees, and reek euteFepping) as well as sensitive aFeas (sueh as
1
. 1
1
the develepment.
1:2
1
i
1
1
1
. . .
1
Repealed . 1
. . .
1
1
152 Subdivision Code Update
Chapter 12.04 KCC
emeept as PFevided On thus
.
DSTe st'F etl .:Ahs shall be s ..FI1..ws-i
s � WIN go
1T'iQT.+.-I. ..�.. ..I
G3Tr'IIIT
A>1TLCTTGT
STTQ'G JCITQT
QV 44
Ge k etvr
1n d..StFwa'
1T14'G13CIT0T
TSGZG'Js
69
StFeets
- ---- - -
The eity may r-equmFe that StFeet width -*a' subdiyas*ens be
G.
'
(eighty (80) feet Fight ef way), and eemmeFdal StFeets (sixty (60) feet
Fight ef way) shall have sidewalks a minimum ef foye (5) feet in
eR
1 width,
Y_•••v }vLTr3iQ'CS. A" .d..S a•..:-.1 and eeITrt77CT I••••�I�—�EE2 J5��i 2��d�1+C-��;z�v
thr-eugh streets shall haye sidewalks a miFiemum ef five (5) feet On width,
L. if TI"OITI'e'Q a S�6�vaTv+s+6n, 9tfE-b CTl7ekSOTTQ
F. Bleeks shall iget be less than sox hundFed (609) feet eF Fner-e than twe
thewsand (2,000) feet ifi IeFigth. Bleeks sheuld be net less than three
153 Subdivision Code Update
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shape and eFientatien ef lets shall n9eet the n9inknum area and wid4v
1. insefaF as pr-aetieal, side let lines shall be at Fight angles te street Iine-S
2. GeFner- lets Fnay be FequiFed te be platted wider- than inteFieF lets as
deteffnined by the planning department.
if lets fer- individual sale eF lease aFe eFeated, they shall eenfemq te the
Article MV. Binding Site Plans ,
Sec. 12.04.800 Purpose. Consistent with RCW 58.17.035, the
purpose of this article is (a) to create an alternative process segregating
property zoned industrial or commercial for the purpose of sale or lease '
without the necessity of completing the procedures for platting; and (b) to
allow for the division of multifamily residential zoned land for condominium '
purposes without the necessity of completing the procedures for platting. A
binding site plan process merely creates or alters existing lot lines and '
does not authorize construction, improvements, or changes to the property
or the uses thereon. ,
Sec. 12.04.805. Binding site plan committee.
A. A binding site plan shall be considered by the city's binding site plan ,
committee. IT"pPlanning services effiee shall distribute copies of the
application for binding site plan approval to each member of the '
committee and to other appropriate agencies for review and comment, and
provide public notice if required by KCC 12.01.140. t
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B. A meeting attended by the applicant or his representative and the
binding site plan committee members shall be held within forty
L401 days of the determination of completeness of the application or
receipt of requested additional information, consistent with the timelines
established in Ch. 12.01 KCC. The meeting shall be open to the public.
Notice of the public meeting shall be circulated consistent with the
requirements of KCC 12.01.145. The meeting may be
ea"e 4continued if no decision is reached at the first meeting. The second
' meeting shall be held no later than seven (7) calendar days after the first
meeting or on a date mutually agreed upon by the applicant and the
committee.
' C. Three (3) of the five (5) members of the binding site plan
committee must be present in order for the committee to take any action.
D. The binding site plan committee may approve, approve with
conditions or modifications, or deny the application. The committee shall
not impose any conditions which are inconsistent with prior land use
approvals of the development covered by this application. The decision of
the committee shall be made at the committee meeting.
E. As a condition of approval of the binding site plan, the binding site
plan committee shall have the right and authority to require the deeding of
' rights-of-way or easements for street and/or utility purposes, when
determined necessary as a result of the binding site plan development.
Any deeding shall precede the recordation of the binding site plan unless
otherwise specified through a development agreement.
Sec. 12.04.810 Appeal. The decision of the binding site plan
committee shall be final, unless an appeal by any aggrieved party is made
to the hearing examiner within fourteen (14) calendar days after the
committee's decision. The appeal shall be in writing to the hearing
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examiner and filed with thre-planning services-e€€+Ee. Any appeal shall be
consistent with KCC 12.01.190, Open record appeal. ,
Sec. 12.04.815. Applicability for commercial and industrial
sites.
A. The subject site shall consist of one (1) or more legally created lots;
and ,
B. The property must be zoned commercial and/or industrial.
Sec. 12.04.820. Application requirements for commercial
and industrial sites. All of the following information shall be included in '
any application for binding site plan approval for commercial and industrial
lots:
A. At a minimum, the binding site plan application shall include the
following information: '
1. A map or plan showing the location and size of all new '
proposed lots;
2. Proposed and existing structures including floor areas and
setbacks;
3. Location of existing and proposed public rights-of-way, ,
private and public streets and easements;
4. Location of all existing and proposed open spaces including ,
any required landscaped areas, parking areas and all major manmade or
natural features (i.e., streams, creeks, drainage courses, railroad tracks,
utility lines, etc.);
5. Layout of an internal vehicular and pedestrian circulation ,
system, including proposed or existing ingress and egress points;
6. Location of existing and proposed fire hydrants to serve the '
site;
7. Description, location, and size of existing and proposed
utilities, storm drainage facilities, and Feads streets to serve each lot;
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8. Expected location of new buildings and driveways;
9. I=etteF-Certificate of water and/or sewer availability, if not
served by the city of Kent;
10. Parking calculations to demonstrate that the requirements of
Gh. 15.05 KCC 15.05 have been met;
' 11. The following code data: zoning district; total lot area; total
building area; percent of site coverage; total parking and vehicle
' maneuvering areas;
12. Plans, analysis and calculations verifying building code
compliance of all existing structures, to include, but not limited to,
identification of all types of construction and occupancy classifications,
allowable area calculations, wall and wall opening protection, and
provisions for exiting and accessibility for the disabled;
13. Proposed cross-access and maintenance agreements for
parking, circulation, utility, and landscaping improvements, if shared;
14. The site plan shall also include the name of proposed
' development; the legal description of the property for which the binding
site plan is sought, the date on which the plans were prepared; the graphic
scale and north point of the plans; and
15. The title, "Binding Site Plan" shall be at the top of the plan in
large print.
B. A reeent current title report produced no more than forty-five (45)
calendar days prior to submittal covering all property shown within the
' boundaries of the binding site plan shall be submitted with the application.
' C. A plan showing the layout and size of all existing and proposed
utilities to serve each lot.
D. A phasing plan and time schedule, if the site is intended to be
developed in phases.
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E. A complete environmental checklist, if required by �""�03 KCC
11.03.
F. Copies of all easements, covenants, and other encumbrances
restricting the use of the site. '
Sec. 12.04.825. Approval criteria for commercial and ,
industrial sites.
A. Criteria. An application for a binding site plan on commercial or
industrial lands may be approved if the following criteria are satisfied:
1. Adequate provisions have been made for ster-F,.,...ateF
d n, domestic water supply, sanitary sewer, stormwater facilities and
conveyance systems;., private and/or public streets;, pedestrian access,.,
vehicle access and maneuvering_public and private utilities; and other
public way-sneeds; '
2. Each lot shall provide access to a public Feel-street and make
provisions for connectivity of alleys, pedestrian aeeesswaysaccess ways, ,
and other public ways;
3. The binding site plan complies with, or makes adequate
provisions to comply with, applicable provisions of the building code, fire
code, public works design and construction standards, and zoning ,
standards;
4. Potential environmental impacts, together with any practical ,
means of mitigating adverse impacts, have been considered such that the
proposal will not have an adverse effect upon the environment; ,
5. Approving the binding site plan will serve the public use and
interest and adequate provisions have been made for the public health, ,
safety, and general welfare.
B. Shared improvements. As a condition of approval, the city may
authorize or require the sharing of open space, parking, access, setbacks,
landscaping, and other improvements among contiguous properties.
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Conditions of use, maintenance, and restrictions on redevelopment of
shared open space, parking, access, and other improvements shall be
identified on the binding site plan and enforced by covenants, easements,
or other similar mechanisms. Such agreements or restrictions shall be
recorded with th-e-King County dite-'S eff'ee and run with the land. Such
agreements shall be approved as to form by the city attorney prior to filing
the final binding site plan. The binding site plan shall contain toe,
eendetwens te whieh the binding site plan . , ineludingany
applicable irrevocable dedications of property. The binding site plan shall
contain a provision requiring that any development of the site shall be in
conformity with the approved site plan and any applicable development
regulations subject to the vesting requirements of this chapter.
C. Phasing of development. Unless otherwise provided for in a
tdevelopment agreement, development permit applications shall be
submitted for all structures and improvements shown on the binding site
plan within three (3) years of approval. The planning manager may
administratively extend this period by one (1) additional year if requested
by the applicant. Permit applications submitted within that period shall be
subject to the vesting requirements of this chapter. If the applicant
chooses to develop the property in a phased development, the applicant
must execute a development agreement with the city pursuant to RCW
36.70B.170. This agreement shall govern, at a minimum, the use and
development of the property subject to the binding site plan, including: (1)
vesting applicable to subsequent permits; (2) the manner in which each
phase of the development will proceed to ensure that the reads streets and
utilities necessary to serve each phase of the development are constructed
prior to the development of each phase; and (3) expiration of the
agreement and all provisions therein.
Sec. 12.04.830. Final binding site plan for commercial and
industrial sites. Filing of the final binding site plan for commercial and
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industrial sites shall conform to the requirements set forth in KCC
12.04.210, Filing the final short plat.
Sec. 12.04.835. Improvements for commercial and industrial
sites. Prior to the issuance of a building permit for construction within a
binding site plan for commercial and industrial sites, all improvements
required to adequately serve that portion of the plan for which the permit ,
will be issued shall be installed. Improvements may include, but are not
limited to, read street construction; water, sewer, and storm utilities; '
parking; building improvements to meet code; and landscaping. Public
improvements may be bonded for, in accord with the process in KCC
12.04.205(D), with approval of the public works director.
Sec. 12.04.840. Modifications for commercial and industrial
sites.
A. If an applicant wishes to alter a binding site plan for commercial and
industrial sites or any portion thereof, that person shall submit an '
application to # e—planning services e€ ife—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 binding site
plan or in that portion of the binding site plan to be altered. The planning
manager shall have the authority to determine whether a proposed
alteration is minor or major. ,
B. If the binding site plan is subject to restrictive covenants which were
filed at the time of the approval of the binding site plan, 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
binding site plan or portion thereof.
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1 C. If the alteration is requested to a binding site plan prior to recording
' of the binding site plan with King County, a minor alteration may be
approved with consent of the planning manager and the public works
director. A major alteration shall require consent of the binding site plan
committee, after public notice and a public meeting is held. The planning
' services office shall provide notice of the application for a major alteration
to all owners of property within the binding site plan, parties of record, and
as was required by the original application.
D. If the alteration is requested to a binding site plan after recording of
the binding site plan with King County and it is determined to be a minor
alteration, it may be approved with the consent of the binding site plan
committee, after public notice and a public meeting is held. The planning
services office shall provide notice of the application for a minor alteration
to all owners of property within the binding site plan, all larties of record,
and as was required for the original application. If the alternation is
requested to a binding site plan after recording of the binding site plan
with King County and it is determined to be a major alteration, then the
planning manager shall require the binding site plan be vacated per KCC
12.04.230 and 12.04.845 and a new application for a binding site plan
ffia�-ahall be submitted.
E. The binding site plan committee shall determine the public use and
interest in the proposed alteration and may approve, approve with
conditions or modifications, or deny 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 remaining
lots, parcels, or tracts, or be levied equitably on the lots resulting from the
alteration.
F. After approval of the alteration, the binding site plan committee
shall order the applicant to produce a revised drawing of the approved
alteration of the binding site plan, which after signature of the chair of the
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binding site plan committee, shall be filed with t#e-King County
e##iee-to become the lawful binding site plan of the property.
Sec. 12.04.845. Vacation for commercial and industrial sites.
A binding site plan may be vacated as a whole only. Vacating a binding site
plan releases all conditions and obligations on the parcel associated with
such plan. A binding site plan may be vacated by submitting a letter to the ,
planning manager indicating an intention to vacate the binding site plan.
The letter shall include signatures of all ownership interests within the ,
binding site plan and shall become binding upon its acceptance by the
planning manager.
Sec. 12.04.850. Vesting for commercial and industrial sites.
A binding site plan application shall be considered under the zoning and
other land use ,..entre' e_d5nanees codes in effect on the land at the time of '
submission of the fully complete binding site plan application. Any vacant
or redeveloped lot within an approved binding site plan shall comply with ,
the standards in place at such time as a subsequent project permit
application is filed on that property unless otherwise provided for in a '
development agreement.
Sec. 12.04.855. Applicability for condominium sites.
Multifamily residential condominium developments are eligible for binding
site plan approval, when the purpose of such approval is to divide the ,
property so that-a portion of the parcel or tract can be subjected to either
Chapter 64.32 RCW or Chapter 64.34 RCW. A binding site plan can only be
approved either when the development has already been constructed or
when the approval has been obtained and a building permit for an entire
development or a portion of a development is issued.
Sec. 1 ,c 2 04.860. Application requirements for condominium
sites. ,
1
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A. An application for a binding site plan for condominium sites may not
be submitted until a building permit has been approved.
B. The binding site plan application shall conform to the following
requirements and shall:
1 1. Be on reproducible material and shall be drawn to a scale of
not less than one (1) inch equals one hundred (100) feet (unless otherwise
approved by the planning services office) on sheets eighteen (18) inches
by twenty-tore-four (24-2) inches.
2. Contain the name of the proposed development; the legal
description of the property for which binding site plan approval is sought;
1 the date on which the plans were prepared; the graphic scale and north
point of the plans.
3. Show the following:
a. The layout of the site including the location of all
existing and proposed structures and their distance from property lines;
the location of all existing and proposed utilities, streets, and easements
within or abutting subject property; the location of all existing and
proposed PFiyate-pedestrian walkways; and existing and proposed open
space area.
b. Any areas proposed to be dedicated or reserved for
public purposes, and areas to be reserved for private open space and
landscaping and areas reserved for the common use of the occupants of
the proposed development.
C. All major manmade or natural features, i.e., streams,
creeks, dFainage ditehesstorm water facilities, railroad tracks, etc.
d. Building dimensions, height and number of stories,
distance between buildings, location and size of parking areas and number
of stalls.
e. Following zoning code data:
+u Zoning district;
++L2 I Total lot area (square feet);
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14M Total building area (square feet);
+YL41 Percent of site coverage; '
vM Number of units proposed;
-iLQ Total number of parking stalls (include
handicapped);
v4 71 Total parking and maneuvering area (square
feet); t
- i-L81. Required landscaping (square feet);
j*M Percent of lot in open space;
- 10 Type of construction;
x411 Sprinklered-nonsprinklered; ,
xi+ 12 Occupancy classification.
4. Contain the name of the proposed development and the title,
"Binding Site Plan" shall be at the top of the plan, in large print, together
with the statement required pursuant to RCW 58.17.040 (7)(e),
prominently displayed on the face of the site plan map.
5. Contain the statement: "The use and development of the ,
property must be in accordance with the plan as represented herein or as
hereafter amended, according to the provisions of the binding site plan
regulations of the city and any division of the land subject to this plan shall
not take place until the development or the portion thereof to be divided is
subject to Chapter 64.32 or 64.34 RCW."
6. Contain the statement: he " ads a„d—ut+Fitnes shewn en thes
plan need net be eenstr-weted atgd/eF installed at the tome that the ffepeFty
swWeet te this plan is . Any building permit required to develop any
portion of the property shall not be issued until the reads—streets and
utilities necessary to serve that portion of this property have been
constructed and installed or until arrangements acceptable to the city have
been made to ensure that the construction and installation of such reads r
streets and utilities will be accomplished."
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rlimitatiens,
and
' C. The application shall be accompanied by a event current title
report produced no more than forty-five (45) calendar days prior to
submittal.
Sec. 12.04.865. Approval criteria for condominium sites.
Approval of a binding site plan shall take place only after the following are
met:
IA. Adequate provisions have been made for open space, domestic
water supply, sanitary sewer, storm water facilities and conveyance
systems,l2rivate and/or public streets, pedestrian access, vehicle access
and maneuvering, public and private utilities, and other public needs
according to the design and construction standards of the public works
1 department etheF publie ways, wateF Supplies, epen spaee-,
-26. Comply with all building code requirements;
3C. Comply with all zoning code requirements and development
standards; and
4D. Have suitable physical characteristics.
A proposed binding site plan may be denied because of flood, inundation,
or swarnp eenditiens critical areas, or construction of protective
improvements may be required as a condition of approval.
Sec. 12.04.870. Enforcement. Any violation of the conditions of
approval, limitations on development or the requirements of development
imposed as part of a binding site plan approval shall be subject to the
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enforcement proceedings and penalties established for violation of Chapter
58.17 RCW and €er Y*ela „-s e;the-subdivi-sien eedeChapter 12.04 KCC.
Sec. 12.04.875. Final binding site plan for condominium
sites. The final binding site plan map which is submitted for filing shall '
conform to all requirements of the preliminary binding site plan, plus the
following: '
�A. It must be a reproducible map plotted on mylar or photographic
mylar drawn to a scale of not less than one (1) inch equals one hundred
(100) feet, en stabilized dFafting faing eF en limen tFaEiHg eletli. Graphic
Sscale and north point must be on the map;
-2B. Size eighteen (18) inches by twenty-twe-four (24-2) inches;
3C. Legal description of the total parcel shall be shown on the final
binding site 121an;All legal deSeFiptiens shall be metes and beund-s
4D. Property subject of the binding site plan shall be surveyed by a land
surveyor licensed in the state of Washington. All exterior corners and
streets shall be monumented. Surveyor's certificate must appear on the
final Met binding site plan;
KGG 12.04.855 er- the appr-eval ef the binding site plan eemmittee shall
&6E. Certificate of approval by the chairman of the binding site plan
committee shall be provided on the 7Tnenfinal binding site plan; and
-7F. The (face of the final binding site plan twee-must be signed by all
owners of the property.
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Sec. 12.04.877. Filing the_binding site plan for
condominiums. The binding site plan must be signed by the chairman of
the binding site plan committee. An approved binding site plan shall be
filed for record On the a fflee of thewith King County auditeF nd shall not be
deemed approved until so filed. Copies of the approved binding site plans
shall be filed with t#e-planning services--e€f ee, city clerk's office, and
department of public works.
Sec. 12.04.880 Expiration period for condominium sites. If
the binding site plan is not filed within six (6) months of the date of
approval, the binding site plan shall become null and void. Upon written
request of the applicant, the planning services office may grant one (1)
extension of not more than six (6) months. Such request must be received
by t#e-planning services e€f+ee-prior to the six (6) month expiration date.
Sec. 12.04.885. Modifications for condominium sites.
A. An approved binding site plan may be amended by filing a request
for such an amendment with th&-planning services-e#iee. T+K—. pPlanning
services e€f+Ee-shall determine what information shall be submitted with a
request for an amendment, based on the type of modification being
requested. Any amendment to an approved binding site plan must be
reviewed by the binding site plan committee, unless the committee sets
forth other guidelines for approval of minor modifications.
B. If approved by the binding site plan committee, the amendment
shall be set forth in writing and filed in accordance with the Kent City
Code, emeept that it shall and recorded enly of the binding site plan
eemmettee derneets at to he - "-'a"'awith King County.
Article IVI. Lot Line Adjustments
Sec. 12.04.900. Purpose of lot line adjustments. The purpose
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
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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
pur-p9sescode requirements.
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
development standards. A lot line adjustment shall not allow the creation
of an additional lots parcels or tract. All lines being adjusted must be
between lots that have been legally created under the regulations of the
subdivision ordinances in effect at the time of the lots' creation.
Sec. 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 Oi-e--planning servizesdepaftniefft at an early date on
an informal basis in order to become familiar with the requirements of this
chapter. The public works department, fire department and building
services division shall 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 requirements of this chapter.
Sec. 12.04.915. Application procedures. Lot line adjustment '
applications shall be submitted on the forms supplied and in the number of
copies prescribed by toe-planning services, and shall include the following: t
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�A. A legible map, drawn to an appropriate decimal scale on a minimum
eight-and-one-half (8-1/2) inch by eleven (11) inch sheet of paper
showing all of the information required by the application form;
-2B. 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;
3C. A current title report produced no more than forty-five (45) calendar
days prior to lot line adjustment application, eF et„ at+efl-as
„ne
4D. A copy of the existing legal description for Beth-all parcels; and
' -SE. " metes and L4..,...nds Legal descriptions of the proposed new lots_ if
etheF than a platted let-.
Sec. 12.04.920. Principles of acceptability. Lot line
adjustments shall be consistent with the following principles of
acceptability:
�A. Adjust 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
adjacent parcels;
-2B. Create better lot design, or improve access;
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3C. Conform to applicable zoning, subdivision and other code
requirements pertaining to lot design, building location, and development
standards;
4D. ^ye6d eFea :eP 3FShall not create an additional lot, parcel or tract;
-5E. Lots created or combined for tax purposes do not constitute a legal
lot of record..-1
bF. If a lot line adjustment is used to facilitate the development of the
remaining property by segregating an existing house, that parcel shall be
subject to the same design and construction standards as the
development.
.
identifying what infemnatien as required te make the appleeatien eengplete.
if the effity deter-mines that an applieatien us not eemplete, the appluean-t
shall have up te ninety (99) ealendar- days te submit the neeessaFy
,ealendaF days after- an appleeant has submitted the Fequested additienal
shall netify the appleeant in the same rnanneF. if the let line adjustMeAt,
Within five (5) ealendaF days ef Feeeipt ef a let line adjustment applieatien-
. .
i
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! 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 this chapter, has been
! determined to be complete and has been accepted by the city of Kent_;
puFsea# te-KGG12.94.9i3.
Sec. 12.04.935. Referral of application.
A. Within five seven (57) calendar days of accepting a complete
application, th-e-planning services 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 adjustment
application. The distribution notice shall state the dates of the comment
period and deadline for submission of comments to the-planning services.
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 services depaftniefit
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;
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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 onsite parking, landscaping and other
significant site features affected by the proposed new property lines;
f. The public health, safety, and general welfare of the
community; and
g. Protection of critical t
areas and habitat as required by Chapter 11.06 KCC;_
2. The city has considered all other relevant facts;
3. The public use and interest will be served by the adjustment
of such property lines; a-Rd
4. The lot line adjustment is consistent with the principles of
acceptability per KCC 12.04.920.; and
5. New legal descriptions are consistent with the minimum
standard requirements specified in WAC 332-130-040. ,
Sec. 12.04.945. Decision on lot line adjustments.
A. T#e—NPlanning services will review and approve the
proposed lot line adjustment after receiving a complete application and
providing an opportunity for comment from other city departments and
affected agencies. The planning d;~e�Finanager may approve, approve
with modifications, or deny the application for a lot line adjustment. If
approved, all copies of the lot line adjustment map shall be stamped
"approved" and signed and dated by the planning d+reete manager. 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
assess--effeeand to the public works
department.
B. If modifications are deemed necessary by the planning
diFect-e manager, they may be added to the original lot line adjustment
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I
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 map, 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.
Sec. 12.04.950. Appeal of decision on lot line adjustments.
The decision of the planning aiFeEtermanager shall be final, unless an
appeal is made by a-the aaarieved 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 and
12.01KCC. The decision of the hearing examiner shall represent final
action of the city and is appealable only to 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
adjustment does not become effective until it and the appropriate deeds
are recorded with t4e-King Count `wee. 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 adjustment 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 f fiee.
SECTION 2. - Savings. The existing chapter 12.04 of the Kent City
Code, which is amended this ordinance, shall remain in full force and effect
until the effective date of this ordinance.
173 Subdivision Code Update
Chapter 12.04 KCC
SECTION 3. - 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 j
portion of this ordinance and the same shall remain in full force and effect.
SECTION 4. - Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage as provided by law.
174 Subdivision Code Update
Chapter 12.04 KCC
SUZETTE COOKE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: day of January, 2009.
APPROVED: day of January, 2009.
PUBLISHED: day of January, 2009.
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.
(SEAL)
' BRENDA JACOBER, CITY CLERK
P.\Civil\Ordinancc\SubD1visionCode-2009Update.doex
175 Subdivision Code Update
Chapter 12.04 KCC
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE
MINUTES
DECEMBER 1, 2008
Committee Members Chair Elizabeth Albertson, Ron Harmon, Tim Clark
Albertson called the meeting to order.
Auuroval of Minutes
Clark MOVED and Harmon SECONDED to approve the minutes of November 10,
2008. Motion PASSES 3-0.
SCA-2007-1 Subdivision Code Amendment,(Phase I)
Planner Sharon Clamp stated that staff is proposing to amend the Subdivision Code
to extend expiration time periods for preliminary short plat approvals. Current code
allows for one year with a one year extension to complete the short plat and record
with King County. Staff has been hearing from applicants that two years is not
enough time to get to recordation. After approval, an applicant must submit and
gain approval of an engineering plan. Applicants have. to coordinate with a variety
of agencies and sometime adjacent property owners. After civil construction permit
approval, applicants must construct improvements or provide a bond in lieu of
construction.
Clamp added that with the current economy, financing and bonding are presenting
Issues to developers. Clamp stated that State law allows cities to adopt their own
rules and regulations in regards to short plats. However, State law governs the
processes for full subdivisions which are plats 10 lots or greater. Other jurisdictions
provide three to five years for short plat expiration. At the October 21, 2008 Land
Use and Planning Board meeting applicants noted that short plats are not that
different-from a subdivision which is allowed five years with a one year extension.
Clamp went over some statistics from 2007 and 2008 showing the average time
period for short plats to record. Clamp noted that small builders do not have the
resources that larger builders do.
Staff presented three options to the Land Use and Planning Board. The Board is
recommending Option B to extend approvals to 4 years and extend by two years all
preliminary short plats that have not yet expired.
SCA-2007-1 Subdivision Code Amendment (Phase II)
Clamp stated that staff is proposing to reduce wording in the Subdivision Code by
approximately 50%. There is a lot of duplication and redundancy that staff
proposes to eliminate. This document is consistent with State Code. Staff is
recommending removing a section that has specific construction standards and
PEDC Minutes
December 1,2008
Page 1 of 5
instead just referencing them, e.g. In the City of Kent Construction and Fire j
Standards. If these standards subsequently changed, the subdivision code would
remain current. The application process for final approval would also be updated.
Albertson asked for clarification on how man ears current short plats would
Y Y
receive. Clamp stated that short plats with current approvals that have not expired
would gain an additional two years.
Garrett Huffman, Master Builders Association (MBA), 3351 116rh SE Bellevue, WA
Huffman voiced his full support for extensions. MBA is working on an economic
stimulus package and will be bringing it to King and Snohomish counties. Huffman
noted that financing is currently the biggest obstacle for builders. Huffman
expressed interest in Option C, with hopes of capturing projects that have been put
on hold in the last 18 months to do financing. Huffman noted that these projects
could be completed when financing is available. If not given an extension, Huffman
questioned if applicants would re-submit under the new development standards,
which can add significant costs.
Gary Gill, DMP, 726 Auburn Way North. Auburn. WA
Gill voiced support for option C. DMP has three clients whose plats recently
expired. Their plans have been approved but they have not been able to obtain
financing. Gill noted that 2007 statistics provided by the City were generated
during a housing boom; now the market has changed. Gill stated that specific and
valid criteria could be created to reinstate plats that have met preliminary approval,
adding that cost is significant if the developer has to re-apply.
Jason Cole,850 Orbitz Road SE, Auburn, WA 98092
Cole stated that he has a six lot short plat in the City and that he supports Option
C. Cole questioned what happens if you do not go back and make the extension
retroactive. He estimated his cost to be between $60,000 -$70,000 to go through
the process again. Cole mentioned that not many properties fit the criteria for
retroactivity, believes between 20-30 lots. These have been approved under the
old standards. He stated that by not going retroactive, he feels the City is hurting
the local economy by letting these projects just sit there.
Hans Korve, DMP 726 Auburn W@y North, Auburn, WA
Korve voiced support for Option C. Korve provided a partial printout of the MBA's
stimulus package, from the MBA web site. Korve noted that Ron Simms with King
County supports this stimulus package. Korve spoke to the economic impact of
plats failing. Korve mentioned that many of these plats are small mom and pop
operations that do not have the resources larger builders do. Korve stated that the
cost to redesign is significant and that the new standards are totally different. He
stated that a Housing Presentation by the MBA predicted a spike in housing prices
in a few years. Korve stated that currently there is more housing than demand and
not many people are building which creates a hole in the market. As the economy
improves there will be a spike in costs due to the lack of inventory.
PEDC Minutes
December 1, 2008
Page 2 of 5
Korve stated that only 20 lots will be affected under Option C. He stated he hopes
these projects are saved because applicants did everything right. Korve predicts
that if these projects come back under different owners, the lots will likely be
divided into smaller lots to recap costs.
Colin Thorpe, 1226 SE 178th Street, Renton, WA
Thorpe stated that he represents the Devlin short plat on East Hill, slated to expire
in eight days. Thorpe stated that he filed his short plat in 2006. Thorpe stated that
the goal of his project is to add two residences for family members. Thorpe stated
that the City tied access to his plats to the adjacent subdivision. Thorpe did not
realize that the neighboring parcel was given five years to complete and he only
had one year. Thorpe stated that he has spent over $30,000 dollars on his
development and feels it unfair that only certain lots are being considered for an
extension. He stated that it has been determined the US has been in a recession
since December 2007. Thorpe noted that 13 plats have expired in 2008 and only
two have been recorded. Thorpe noted that his project would not be covered under
Option C. He asked the committee members to consider not adding the extra 30
day waiting period and open the extension up to the 13 plats that expired in 2008.
Sam Pace, Housing Specialist, Seattle King County Association of Realtors
Pace stated that many applicants face financing issues. Applicants are falling victim
to banks' internal loan portfolio issues. Applicants are losing automatic rollovers;
banks are not willing to roll over loans. Projects are affected by bank consolidation
and takeovers. A new bank might not give loans that the prior bank gave. Pace
gave an example of a plat on Kent Kangley that previously had a loan to value ratio
of 50% and currently the loan to value ratio is over 100%. He stated the market
has turned.
Pace provided a copy of information on the Kent housing market. Pace stated this
issue does not just affect the builders and developers; it also affects Kent families
that need a place to live. Pace stated that he supports option C.
Clamp added that during the time staff was preparing the extension they began to
receive calls from applicants who were close to recording but were unable to obtain
bonds. Based on public response regarding bonding, staff created Option C. The
Land Use and Planning Board asked planning staff to propose criteria to be used to
reinstate expired short plat approvals. Clamp stated that Law expressed that such
an ordinance could be created if there were a clear reason and specific criteria such
as: approved civil construction permit, final short plat application reviewed and
approved, signed mylars received by the City and all City fees paid. In addition,
written documentation must be provided showing that the applicant is unable to
secure a bond and a letter sent to the City requesting the extension within 30 days
of the Ordinance passing. Clamp noted that three applications fall under Option C.
Clamp added that Thorpe's short plat did not fall under these criteria.
PEDC Minutes
December 1, 2008
Page 3 of 5
Harmon questioned why the LUPB went for Option B and not Option C.
Clamp noted that there was a question about granting special privileges and that
not many applicants would meet the specific criteria.
Albertson asked for clarification that Option B would bring 45 lots back in to play
and that option C only brings an additional 20 lots back into play. Clamp noted that
Option B captures plats that have not yet expired.
Planning Services Director Fred Satterstrom clarified that Option C would add
additional lots to Option B. Harmon asked Satterstrom about the process to
resubmit if the permits expire and if any type of relief is being developed for these
applicants. Satterstrom stated that applicants will have to start the process over
again, including incurring the cost of the application fee. Satterstrom added these
properties would have to conform to the new standards. He added that staff is not
working on changing the re-application process.
Harmon MOVED to approve SCA-2007-1 Subdivision Code Amendment (Phase I)
and to modify the recommendation of the LUPB of Option B to extend the expiration
periods for preliminary short plat subdivision approvals to four years and extend by
two years all preliminary short plat approvals which have not expired upon the
passing of this Ordinance, and to approve SCA-2007-1 Subdivision Code
Amendment (Phase II) as presented by staff.
Harmon stated that his motion would take effect immediately at the passing of this
Ordinance and that current plats would be allowed to be completed. Clark asked
for the city attorney.
In response to Mr. Clark, Assistant City Attorney Kim Adams Pratt clarified that Mr.
Harmon's amendment is needed. Pratt added that some applicants would be
affected by the dates. Pratt clarified that Option C would include those lots in
Option B.
Clark SECONDED the motion. Motion PASSED 3-0.
ZCA-2008-1 Hazardous Substance Land Use Facilities Zoning Code
Amendment
Principal Planner Matt Gilbert stated that staff is proposing an amendment to the
current zoning code, related to the permit process for siting accessory hazardous
substance land use facilities Since 1988 there have been many advances in the
Fire, Building and Environmental Codes that augment the zoning code. Gilbert
stated that staff is proposing amending the Conditional Use Permit process in
regards to accessory uses. Gilbert stated the Conditional Use permit process
typically adds 5 months to the project and rarely results in substantive conditions.
Staff is proposing that if a hazardous substance land use is an accessory use, it
could go through the building permit process. Gilbert noted that staff is not
PEDC Minutes
December 1, 2008
Page 4 of 5
proposing any changes to siting criteria, just changes to the process. Gilbert added
that projects where the hazardous substance land use is the principal use of the site
would still require a Conditional Use Permit.
Clark MOVED to adopt ZCA-2008-1 Hazardous Substance Land Use Facilities as
recommended by the LUPB. Harmon SECONDED the motion. Motion PASSED 3-0.
Adjournment
Seeing no further business, Chair Albertson adjourned the meeting at 7:00 p.m.
Molly Bartlemay
Planning Services Secretary
s:\Permit\Plan\PEDC\2008\Minutes\12-1-08_PEDCmin.doc
1
l
PEDC Minutes
December 1,2008
Page 5 of 5
t
LAND USE & PLANNING BOARD MINUTES
NOVEMBER 24, 2008
BOARD MEMBERS PRESENT ASSENT.
Chair Jon Johnson, Vice Chair Dana Ralph Absent/Excused, Barbara Phillips
Absent/Excused, Steve Dowell, Alan Gray, Aleanna Kondelis Absent/Excused, Jack
Otti n i
STAFF MEMBERS PRESENT:
Charlene Anderson, Matt Gilbert, Sharon Clamp, Mike Gillespie, Molly Bartlemay
APPROVAL OF MINUTES:
Gray MOVED and Dowell SECONDED a motion to APPROVE the Minutes of October
27, 2008. Motion PASSED 4-0.
Added Items, Communication, Notice of Upcoming Meetings
Planning Manager Charlene Anderson stated that Kent City Council had approved
Cottage Housing with a few revisions from the recommendation of the Land Use
and Planning Board. These revisions include the density bonus being decreased
from two times down to one and a half times, a requirement for a community
meeting, an increase in size of carriage units from 800 to 968 square feet and a
provision to allow detention vaults. The committee to review cottage housing was
also increased by two people. Anderson stated that no LUPB meetings are currently
scheduled in December.
SCA-2007-1 Subdivision Code Amendment (Phase I)
Planner Sharon Clamp stated that staff is proposing to extend the expiration period
for short plats. This was originally brought up at the October 13, 2008 workshop.
Clamp stated that the current code allows for one year with an additional one year
extension from time of preliminary approval to recordation. Clamp stated the two
year time frame can be hard to meet with applicants coordinating all the tasks
required to obtain short plat recordation.
As a side note, Clamp stated that there was a previous proposal to eliminate the
option to bond. This proposal has been withdrawn.
Clamp gave statistics on the average recording time for short plats and subdivisions
in 2007 and 2008. This information showed a trend in short plats taking longer to
record. Clamp stated that staff feels that adding one year to the current two years
would be a fair option. Clamp pointed out that small developers are working with
fewer resources than larger builders. Clamp stated that in April of 2007 there were
changes in the code including setbacks, architectural design, and tree plans.
Land Use and Planning Board
Minutes
November 24, 2008
Page 1 of 4
Clamp stated of the three options proposed for extending short plat expiration
times, staff recommends option B with 3 years.
SCA-2007-1 Subdivision Code Amendment (Phase II)
Clamp stated that staff is proposing to make changes to the current subdivision
code. This update would be an administrative clean up in an effort to reduce
redundancy. This includes consolidating the three different types of subdivisions
into one section. In addition, the proposal considers consistency with state code.
Instead of listing out various construction standards, the proposal references other
relevant Kent City Code and ordinances. This would ensure that even if codes
changed the Subdivision Code would stay current. In addition, staff proposes
simplifying requirements for final plats.
Chair Johnson opened the Public Hearing
Colin Thorpe, 12226 SE 178th St. Renton, WA 98058 stated that he was here
regarding the Devlin Short Plat which is due to expire in three weeks. The plat went
through the preliminary process and is now stalled due to a neighbor not
completing their subdivision. He stated that he was unaware that the neighboring
property would have five years to record vs. his one year. He felt that
fundamentally it is not fair to only let the short plats that have completed mylars
fall under any new extension that is provided..
Lee Rousso, 901 S 3rd St., Renton, WA 98057 stated that he was here to back up
Mr. Thorpe on the Devlin short plat. He stated it would be tragic to make this
family go back to step one because the process was slowed down by an adjoining
property.
Jason Cole, 850 Oravatz Rd. SE stated that he'would like clarification on Clamp's
statistics in regards to which plats used bonding, and what plats were constructed
and finished at the time of recordation. Cole stated that bonding is currently hard to
get.
Hans Korve, 726 Auburn Way North, Auburn. WA stated that many short plats use
bonding and then sell lots to a builder. Korve stated that he supports Option C.
Seeing no further speakers, Ottini MOVED and Dowell SECONDED to close the
public hearing. Motion carried 4-0.
Clamp stated that she did not have the information requested by Hans Korve.
Clamp clarified that of the 36 plats recorded in 2007 and 2008, the longest period
for a plat to record was 40 months, five took between 30 and 40 months and the
remainder took less than 30 months.
Clamp stated that staff had been considering changing the Subdivision Code to
allow a longer time for a short plat to record, and the economic crisis further
Land Use and Planning Board
Minutes
November 24, 2008
Page 2 of 4 _
emphasized the importance of looking at the time frame. Sharon stated that she
has spoken with Law about Options B & C and was advised by Assistant City
Attorney Kim Adams Pratt that Council can pass a retroactive ordinance. This must
have very clear and specific criteria. Current economic conditions could warrant
such an ordinance.
Public Works Development Manager Mike Gillespie noted that very little typically
needs to be changed to meet the new subdivision code in regards to a public works
permit.
Jack Ottini clarified that the Devlin Short Plat was due to expire in three weeks.
Ottini pointed out that even if the Devlin Short Plat was extended, the adjacent
property owner still may not follow through with his subdivision. Ottini stated that
he likes Option B. Steve Dowell spoke in favor of option B with four years. Gray
stated he liked option C with 4 years.
Thorpe inquired again why mylars have to be ready to be granted an extension.
Clamp clarified that the original intent was to simply extend the timeline for short
plats. Clamp noted that recent economic issues and public concerns were reasons
option C was developed.
Dowell asked for clarification on the differences between Options B and C.
Anderson clarified that under Option B, plats that are not yet expired would be
given the benefit of the extra time. Under Option C specific criteria would be used
to reinstate some of the expired applications.
Anderson clarified that Mr. Thorpe's application would expire under Option B. Clamp
stated that Option C, would not help Mr. Thorpe either. Clamp gave examples of
other short plats that have expired for similar situations and noted that there is a
variety of reasons a short plat can expire. Anderson suggested the Board consider
why they would desire to reinstate expired permits and what criteria would be used
to determine which ones were reinstated. She asked if the desire to reinstate s
based merely on the economic situation or are there other reasons.
Dowell stated his concerns with allowing special privileges.
Thorpe noted that the adjacent property is still an active subdivision. Gillespie
stated that there is no current activity on the adjoining property. The owner still
has roughly two and a half years to complete the project. Gillespie noted that the
owner could bond and delay the project an additional year.
Ottini stated that even with additional time plats could still expire and wished the
process was more cut and dry. Ottini stated to Thorpe that despite valid reasoning,
Land Use and Planning Board
Minutes
November 24, 2008
Page 3 of 4
his situation does not fall under this territory; he gave an option to speak to City
Council.
Dowell MOVED and Ottini SECONDED a motion to adopt SCA-2007-1 Subdivision
Code Amendment (Phase I) Option B with a four year extension. Motion carried 3-
1 with Gray opposed.
Ottini MOVED and Dowell SECONDED a motion to adopt SCA-2007-1 Subdivision
Code Amendment (Phases II) as presented by staff. Motion carried 4-0
ZCA-2008-1 Hazardous Substance Land Use Facilities Zoning Code Amendment
Principal Planner, Matt Gilbert stated that staff recommends amending the current
Hazardous Substance Code pertaining to accessory uses. Gilbert read the definition
of accessory uses. Gilbert noted that a lot of products are considered hazardous.
Currently a Conditional Use Permit is required for all hazardous uses that reach a
specific quantity of material. This entails extensive meetings, notices, and
mailings. Staff review is generally a duplicate of other codes and ordinances that
are- applicable. Logistically this adds approximately five months to the permit
process. Gilbert stated that staff is proposing to allow permits to move forward
without a Conditional Use Permit if the hazardous use is an accessory use. The
proposal does not change the other code criteria regarding where such uses may be
located.
Seeing no public speakers, Ottini MOVED and Dowell SECONDED a motion to close
the public hearing. Motion passed 4-0.
Ottini MOVED and Dowell SECONDED a motion to adopt ZCA-2008-1 Hazardous
Substance Land Use Facilities Zoning Code as presented by staff. Motion carried
4-0.
ADJOURNMENT
Ottini MOVED and Gray SECONDED a motion to adjourn the Meeting. Motion
carried 4-0. Johnson adjourned the meeting at 8:35 p.m.
Charlene Anderson, AICP, Planning Manager
Secretary of the Board
S:\Permlt\Plan\WPB\2008\MINUTES\112408_LUPB_Mln.doc
Land Use and Planning Board
Minutes
November 24, 2008
Page 4 of 4
COMMUNITY DEVELOPMENT
Fred N. Satterstrom, AICP, Director
PLANNING SERVICES
Charlene Anderson, AICP, Manager
KENT
WASHINGTON Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
November 26, 2008
TO: Chair Elizabeth Albertson and Planning & Economic Development
Committee Members
FROM: Sharon Clamp, Planner
RE: Subdivision Code Amendment (Phase I)
Consideration for extending the expiration time periods for short plats
Subdivision Code Amendment (Phase II)
Consideration of updates to Kent's subdivision code.
SCA-2007-1/KIVA #RPP6-2084360
For the meeting of December 1, 2008
MOTION: I move to approve/deny/modify the recommendations of the
Land Use & Planning Board of (1) Option B to extend expiration time
periods for preliminary short plat approvals to four years and extend by
two years all current preliminary short subdivision approvals which have
not yet reached the end of the two year time limit for recordation, and
(2) update the full text of the Kent subdivision code as presented by
staff.
SUMMARY: The proposed update to the subdivision code generally* Includes
consolidation of sections/reduction of redundancy, removal of standards that are
contained in other adopted regulatory documents, update of application submittal
requirements, consistency with State regulations, and extension of the expiration
period for short plats. The Board considered changing expiration periods for
preliminary short subdivision approvals at workshops on October 13 and November
10, 2008 and at public hearings on October 27 and November 24, 2008. The Board
also considered an administrative update to the full subdivision code at workshops
on October 27 and November 10, 2008 and a public hearing on November 24,
2005. Following the November 24th public hearing, the Board recommended
approval of Option B extending timelines for short plat expiration to four years and
extending by two years those approvals which have not yet reached the end of the
two year time limit for recordation. The Board also recommended approval of the
full subdivision code update as recommended by staff.
BUDGET IMPACT: None.
MEMORANDUM:
Planning & Economic Development Committee
November 26, 2008
Page 2
BACKGROUND:
Subdivision Code Amendment Phase I
An update to the city's subdivision code is part of the Planning Services 2008 work
program and was initially included in order to examine the time periods for short
plat expiration.
Under the current subdivision code applicants have two years (one year plus a one
year extension) to record a short plat which has been granted preliminary short
subdivision approval. In many cases, two years has not been an adequate time
frame for applicants to obtain the required approval of engineering plans,
coordinate with neighboring property owners and outside agencies such as water
and sewer districts and PSE, deal with environmental requirements such as wetland
mitigation plan approval, construct required improvements, complete the final plat
process and record the short plat with King county. As a result, preliminary short
plat approvals often expire. In recent months, staff is also hearing from applicants
that given the current economic climate, obtaining financing and required bonds are
also presenting huge time constraints.
Subdivision Code Amendment Phase II
The City's subdivision code provides rules, regulations, requirements, standards
and procedures for subdividing land, for obtaining binding site plan approval, and
for adjustments of lot lines in the City. The following is a general description of the
areas proposed to be revised as shown in the attached draft:
1. Consolidation - The subdivision code addresses three different types of
subdivisions; a Type I short plat (2-4 lots), Type II short plat (5-9 lots), and
Subdivisions (10 lots or greater). The subdivision code includes regulations,
standards and procedures for each type of subdivision in three separate sections,
repeating much of the same Information. In order to reduce redundancy the three
sections have been consolidated.
2. Consistency with State Law - The subdivision of land in Washington State is
governed by the procedures within Chapter 58.17 RCW. No process is set out in
State law for short plats; therefore cities and counties are required to adopt their
own regulations and procedures for short plats. The City's regulations for short
plats follow a very similar process to formal subdivision applications, except that for
preliminary approval, a short plat goes before the Short Subdivision Committee
rather than the Hearing Examiner. The procedures for short plats remain largely
the same except where submittal requirements have been revised as discussed in
item #4 of this report. Staff has reviewed the subdivision standards for consistency
with Chapter 58.17 RCW. The draft document notes that staff had thought they
would bring forward additional amendments regarding bonding; however staff did
MEMORANDUM:
Planning & Economic Development Committee
November 26, 2008
Page 3
not bring forward any additional amendments that were not already included in the
draft document.
3. - Standards from Adopted Documents - The subdivision code contains
development standards related to the design, construction and dedication of
streets, intersections, sidewalks and storm drainage facilities. These standards are
also addressed in the City of Kent Public Works Construction Standards, Kent City
Code Titles 6, 7, 11, 12, 13 and 15 and other state and county regulations. It would
be more appropriate to reference the adopted Public Works Construction Standards
and other codes and regulations rather than list specific standards and regulations
within the subdivision code. This ensures that future changes to the construction
standards and other codes will not result in the need to also update the subdivision
code.
4. Final Plat Submittal Requirements - The final plat submittal requirements
have been updated in order to simplify the list of items applicants must submit to
the City for review, and to ensure that the final short plat map complies with State
Survey requirements.
The SEPA Responsible Official has determined that the proposed code amendments
are procedural in nature and further SEPA analysis is not required.
:S:\Permit\Plan\SubdivlslonCodeAmendments\2007\SCA-2007-1_Subdlvlsion_Code\PEDC\120108_PEDCMemo.doc
Attach: Draft Subdivision Code
cc: Fred Satterstrom,AICP,CD Director
Charlene Anderson,AICP,Planning Manager
_ Project File
COMMUNITY DEVELOPMENT
Fred N. Satterstrom, AICP, Director
4 e'o�iiito PLANNING SERVICES
Charlene Anderson, AICP, Manager
KENT
WASHINGTON Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
November 17, 2008
TO: Chair Jon Johnson and Land Use and Planning Board Members
FROM: Sharon Clamp, Planner
RE: Subdivision Code Update - Phases I and II
SCA-2007-1/KIVA #RPP6-2074360
Staff Report for the November 24 2008 LUPB Hearin
P � 9
SUMMARY: The proposed update to the subdivision code generally includes
consolidation of sections/reduction of redundancy, removal of standards that are
contained in other adopted regulatory documents, update of application submittal
requirements, consistency with State regulations, and extension of the expiration
period for short plats. The Board considered changing expiration periods for
preliminary short subdivision approvals at a workshop on October 13, 2008, a
public hearing on October 27, 2008 and a second workshop on November 10, 2008.
The Board also considered an administrative update to the full subdivision code at
the October 27, 2008 workshop. Public comment during the October 27th public
hearing questioned the required percentage of the bond for improvements, and
staff included discussion of the bonding issue at the November 10t" workshop. At
the November 24th public hearing, staff may propose amendment of the subdivision
code sections related to bonding for improvements.
BACKGROUND:
1. Expiration Periods for Prelimina Short Subdivision Approvals
Under the current subdivision code, applicants have two years (one year plus a one
year extension) to record a short plat which has been granted preliminary short
subdivision approval. In many cases, two years has not been an adequate
timeframe for applicants to obtain the required approval of engineering plans,
construct required improvements or obtain a bond for the improvements, complete
the final plat process and record the short plat with King County. As a result,
preliminary short plat approvals may expire.
The average length of time to complete the civil construction permit process is 9.6
months, and the final plat process typically takes 4.5 months. To meet City
development requirements, applicants also typically must coordinate with outside
entities such as sewer and water districts, Puget Sound Energy and neighboring
property owners. This coordination further challenges the feasibility of meeting the
City's two-year time limitation. Most recently with the current economic climate,
owners are having difficulty obtaining the financing and bonding that are part of
every short plat. While establishing deadlines ensures that projects are completed
within a reasonable amount of time, it has become clear that the two years
provided by code is difficult for many short-plat owners to meet. It is also
important that the established deadlines provide adequate balancing of the time
required to complete vested projects and the public's interest in implementing the
most up-to-date codes and standards.
Washington State law does not include a process for the approval of short plats or
9 P PP
set timeframes for expiration; therefore, cities and counties are required to adopt
their own regulations and procedures. Expiration periods for other jurisdictions
within the area range in length from two to five years or indefinitely if sufficient
progress is being made on the application.
At the October 27, 2008 public hearing the Board received testimony stating that
P 9
short subdivisions and subdivisions can be equally complex and should be granted
equal time. Washington State law allows five years with a one year extension to
record a subdivision (10 or more lots). Following the hearing, Planning staff
gathered statistics for short subdivisions and subdivisions recorded during 2007 and
2008 and found the following:
Average recording time Median recording time
Type and number of preliminary approval to preliminary approval
applications recorded recordation. to recordation.
2007 short plats 13 19 months 18 months
2007 subdivisions 12 21 months 21 months
2008 short plats 12 24 months 24 months
2008 subdivisions 2 27 months 27 months
In addition, staff found that 36 subdivisions have been recorded from 2000-2008
with an average time from preliminary subdivision approval to recordation of 23
months. The shortest time period was 13 months and the longest was 44 months.
There were only six subdivisions that took 30 months or more to record. These
numbers indicate that the majority of subdivisions are completed within 23 months
rather than the 60 months plus a 12 month extension that they are allowed by
code. In many cases, three years would have been enough time for the majority of
subdivisions to record.
Taking the above into consideration, staff feels that granting short subdivisions one
additional year to record (three years from preliminary short subdivision approval)
is reasonable considering that small developers do not have the same resources
that larger builders have.
Another item to consider is how this change would affect applications that have
already received preliminary approval but have not yet recorded, as well as
applications that have recently expired. The City's Law Department has provided
guidance for those two scenarios:
1. The City Council has the authority to pass retroactive ordinances as long as
the ordinance is clear that it intends to be retroactive and for what reasons
and the ordinance does not impact a substantive or vested right. Short
subdivision applications vest to land use regulations in place at the time a
complete application is filed and the extension of the expiration date is not a
negative impact on the vested right.
2. The second issue deals with short subdivision preliminary approvals that
have already expired when the ordinance is passed. The city's Law
Department has advised that if the City Council wishes to renew/reinstate a
preliminary approval that has expired, the ordinance must list specific criteria
which caused the application to expire, i.e. all applications (civil and final)
had been filed, reviewed, and approved by city staff; however, the current
banking crisis in the U.S. prevented the applicant from obtaining necessary
bonding in order to record.
When considering a code amendment to include a retroactive extension or
reinstatement, the Board should consider that a retroactive extension would allow
non-conforming developments to be constructed farther into the future. This
extension would create more development which is contrary to what the City
Council wishes to take place in the City as is evidenced by the adoption of new
residential development standards which took effect in April of 2007. These new
development standards require landscape buffers, additional tree retention and
architectural features such as building and roof modulation, window trim and
diminished garages. The short subdivision applications which would benefit from a
retroactive extension or reinstatement are vested to standards which do not require
the aforementioned development standards. At the November 10, 2008 workshop
Planning staff presented the Board with the following:
1. Between December 2008 and June 2009, ten short subdivisions representing
45 total lots are due to reach their two year expiration. These applicants
would benefit from Option B.
2. Three short subdivisions representing 20 total lots expired since August 2008
and may qualify for a retroactive reinstatement and extension if approved by
the Council. These applicants may benefit from Option C.
2. Background on Full Subdivision Code Update
The City's subdivision code provides rules, regulations, requirements, standards
and procedures for subdividing land, for obtaining binding site plans, and for
adjustments of lot lines in the City. Drafts of the subdivision code update were
distributed to the Survey and Development Review sections of the Public Works
Department for comment. Departmental comments have been incorporated into
the attached draft. The following list provides a general description of the areas
which are proposed to be revised, as shown in the attached draft.
1. Consolidation - The subdivision code addresses three different types of
subdivisions; a Type I short plat (2-4 lots), Type II short plat (5-9 lots), and
Subdivisions (10 lots or greater). The subdivision code includes regulations,
standards and procedures for each type of subdivision in three separate sections,
repeating much of the same information. In order to reduce redundancy the three
sections have been consolidated.
2. Consistency with State Law - The subdivision of land in Washington State is
governed by the procedures within Chapter 58.17' RCW. No process is set out in
State law for short plats; therefore cities and counties are required to adopt their
own regulations and procedures for short plats. The City's regulations for short
plats follow a very similar process to formal subdivision applications, except that for
preliminary approval, a short plat goes before the Short Subdivision Committee
rather than the Hearing Examiner. The procedures for short plats remain largely
the same except where submittal requirements have been revised as discussed in
item #4 of this report. Staff has reviewed the subdivision standards for consistency
with Chapter 58.17 RCW.
3. Standards from Adopted Documents - The subdivision code contains
development standards related to the design, construction and dedication of
streets, intersections, sidewalks and storm drainage facilities. These standards are
also addressed in the City of Kent Public Works Construction Standards, Kent City
Code Titles 6, 7, 11, 12, 13 and 15 and other state and county regulations. It would
be more appropriate to reference the adopted Public Works Construction Standards
and other codes and regulations rather than list specific standards and regulations
within the subdivision code. This ensures that future changes to the construction
standards and other codes will not result in the need to also update the subdivision
code.
4. Final Plat Submittal Requirements - The final plat submittal requirements have
been updated in order to simplify the list of items applicants must submit to the
City for review, and to ensure that the final short plat map complies with State
Survey requirements.
5. Requirements for installation of improvements or bonding in lieu of
improvements - Sections 12.04.205.13, 12.04.515.13, and 12.04.715.13 KCC state
that no plat or short plat shall be recorded until all improvements are constructed in
a satisfactory manner and approved by responsible departments or a bond
approved by the city has been posted for deferred improvements. At the November
10,- 2008 workshop staff introduced a proposal to eliminate the option to bond for
deferred improvements. Public Works Development Manager Mike Gillespie
explained to the Board that often applicants get part way through the plat
construction process then want to defer completion by posting a bond for 150% of
the estimated cost of the remaining required improvements. It is difficult for the
l
i
City to obtain full compliance once a bond is posted, and a tremendous amount of
staff time is expended getting applicants to complete required construction
improvements. Furthermore, the City may become engaged in difficult negotiations
with applicants (who may be an unrelated and innocent third party) to release
permits for construction of the individual homes before final construction
improvements have been made and accepted by the City. The City experiences
these difficulties in both good and bad economic times. The bonding option is
allowed by some neighboring cities and not others. For example, King County
allows bonding but Federal Way requires substantial completion of construction
prior to recordation. At the public hearing staff may provide proposals to amend
the subdivision code to address the City's concerns regarding completion of
construction after a project has bonded and recorded.
The SEPA Responsible Official has determined that the proposed code amendments
are procedural in nature and further SEPA analysis is not required.
OPTIONS AND RECOMMENDATION: Staff has developed three options
regarding extending short subdivision timelines for recordation:
Option A - Short subdivision preliminary plat approval shall lapse three, four or
five years from the date of approval unless a final plat based on the preliminary plat
has been reviewed and approved by the city and recorded with King County.
NOTE: The five-year option would be dissimilar from preliminary plats in that it
would not allow the one-year extension.
Option B - Short subdivision preliminary plat approval shall lapse three, four or
five years from the date of approval unless a final plat based on the preliminary plat
has been reviewed and approved by the city and recorded with King County. In
addition, as of (the effective date of this ordinance) all current preliminary short
subdivision approvals which have not yet reached the end of the two year time limit
for recordation shall be extended one, two or three year Us . NOTE: The five-year
option for lapsing would be dissimilar from preliminary plats in that it would not
allow the one-year extension.
Option C - Short subdivision preliminary plat approval shall lapse three, four or
five years from the date of approval unless a final plat based on the preliminary plat
has been reviewed and approved by the city and recorded with King County. As of
(the effective date of this ordinance) all current preliminary short subdivision
approvals which have not yet reached the end of the two year time limit for
recordation shall be extended one, two or three year Us . Applicants of short
subdivision preliminary approvals which expired no earlier than (insert date that
would provide for the authorized expiration time from date of the short subdivision
preliminary approval) may request to be reinstated and the preliminary short
subdivision approval extended one, two or three additional year(s) from the date of
the original expiration if all of the following criteria are met:
1. A civil construction permit application for the project has been reviewed and
p Pp P ]
approved by the city.
2. A final short plat application has been reviewed and approved by the city,
signed mylars and an Autocad disk have been received by the city, and all
fees, including the parks fee-in-lieu of dedication have been paid the city.
3. The applicant has provided the city documentation from a bonding company
that demonstrates that the company was unable to issue a bond.
4. A written request is received by the city within 30 days from the effective
date of the ordinance. I
NOTE: The five-year option for lapsing would be dissimilar from preliminary plats in
that it would not allow the one-year extension.
RECOMMENDATIONS
1. Expiration Periods for Preliminary Short Subdivision Approvals - staff
recommends Option B. Due to ongoing difficulties applicants experience to
record short plats within the two year (one year plus one year extension)
timeframe and given the number of preliminary short subdivision approvals that
expire, it is reasonable and fair to extend the recording timeline to three years
without extensions and furthermore to apply that timeline extension to those
applicants currently holding an unexpired preliminary short subdivision approval.
2. Update of the subdivision code as presented by staff, including bonding option
that may be presented at the public hearing.
Staff will be available at the public hearing to answer any questions.
S:\Permit\Plan\SubdivisionCodeAmdments\2007\SCA-2007-1 Subdivision Code i
Revision\LU PB\11240BHrg_SubdivisionCodeUpdateStaffRpt.doc
cc: Fred Satterstrom,AICP, CD Director
Charlene Anderson, AICP, Planning Manager
Project File
COMMUNITY DEVELOPMENT
Fred N. Satterstrom, AICP, Director
• PLANNING SERVICES
KENT Charlene Anderson, AICP, Manager
W A S H I N O T O N
Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
October 20, 2008
TO: Chair Jon Johnson and Land Use & Planning Board Members
FROM: Lydia Moorehead, Planner
Sharon Clamp, Planner
RE: #SCA 2007-1 Subdivision Code Update
For Workshop of October 27, 2008
SUMMARY: An update to the city's subdivision code is part of the Planning
Services 2008 work program and was initially included in order to examine the time
periods for short plat expiration. Short plat expiration periods were brought before
you in a separate package on October 13, 2008. The update included in this
package deals with other sections of the subdivision code. The proposed changes
would consolidate sections of the subdivision code in order to reduce redundancy,
remove standards that are contained in other adopted documents, update
application submittal requirements for final plats, and ensure consistency with state
code.
BACKGROUND: The city's subdivision code provides rules, regulations,
requirements, standards and procedures for subdividing land, for obtaining binding
site plans, and for adjustments of lot lines in the city. Drafts of the subdivision
code update were distributed to the survey and development review sections of the
Public Works Department for comment. Departmental comments have been
incorporated into the attached draft. The following list provides a general
description of the areas which are proposed to be revised, as shown in the attached
draft.
1. Consolidation - The subdivision code addresses three different types of
subdivisions; a Type I short plat (2-4 lots), Type II short plat (5-9 lots), and
Subdivisions (10 lots or greater). The subdivision code includes regulations,
standards and procedures for each type of subdivision in three separate sections,
repeating much of the same information. In order to reduce redundancy the three
sections have been consolidated.
2. Consistency with State Law - The subdivision of land in Washington State is
governed by the procedures within Chapter 58.17 RCW. No process is set out in
state law for short plats, therefore cities and counties are required to adopt their
l
own regulations and procedures for short plats. The city's regulations for short
plats follow a very similar process to formal subdivision applications, except that for
preliminary approval, a short plat goes before the Short Subdivision Committee
rather than the Hearing Examiner. The procedures for short plats remain largely
the same except where submittal requirements have been revised as discussed in
item #4 of this report. Staff has reviewed the subdivision standards for consistency
with Chapter 58.17 RCW.
3. Standards from Adopted Documents - The subdivision code contains
development standards related to the design, construction and dedication of
streets, intersections, sidewalks and storm drainage facilities. These standards are
also addressed in the City of Kent Public Works Construction Standards, Kent City
Code Titles 6, 7, 11, 12, 13 and 15 and other state and county regulations. It would ■
be more appropriate to reference the adopted Public Works Construction Standards j
and other codes and regulations rather than listing specific standards and
regulations within the subdivision code. This will ensure that future changes to the
construction standards and other codes will not result in the need to also update
the subdivision code.
4. Final Plat Submittal Requirements - The final plat submittal requirements have
been updated in order to simplify the list of items applicants must submit to the city
for review, and requires the final short plat map comply with State Survey
requirements.
SC/LM/pm S:%Permit�PlankSubdivJsionCodeAmdments►20071SC4-2007-1 Subdivision Code Revision�LUP8J102708LUP8Memo.doc
Enc: Attachment A— Draft Subdivision Code
cc: Charlene Anderson,AICP, Planning Manager
Fred N. Satterstrom,AICP,CD Director
Project File
WPB Workshop
October 27, 2008
#SCA-2007-1
Page 2 of 2
Kent City Council Meeting
Date January 6, 2009
Category Consent Calendar - 6D
1. SUBJECT: ZONING CODE AMENDMENT, HAZARDOUS SUBSTANCE LAND USE
FACILITIES, ORDINANCE - ADOPT
2. SUMMARY STATEMENT: Adopt Ordinance No. , which amends
Sections 15.04.040 and 15.04.050 of the Kent City Code to streamline the permit
process to remove duplicative regulations related to hazardous substance land
use facilities.
3. EXHIBITS: Ordinance; Minutes of 12/1/08 PEDC meeting and 11/24/08 LUPB
meeting; and Staff memos dated 11/25/08, 11/17/08, & 10/20/08
4. RECOMMENDED BY: Planning & Economic Development Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes _ No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending section
15.04.040, entitled " Manufacturing land uses,"
and 15.04.050, entitled "Manufacturing land use
development conditions," of the Kent City Code to
remove duplicate regulations regarding hazardous
substance land use facilities.
RECITALS
1 A. In 1988, the Kent City Council passed a series of regulations
in the zoning code to address land uses that accumulate hazardous
substances on a site. While these regulations were primarily intended to
address larger scale waste-processing and storage sites, they also applied
to more common and smaller-scale distribution and manufacturing uses
that handle or use hazardous substances as an accessory to normal
operations.
B. Since 1988, many new regulations outside of the zoning code
have been adopted that supplement zoning standards related to
hazardous substance land use facilities. Most significantly, sophisticated
fire and life safety standards have been adopted that require specific
measures that often make the zoning code provision redundant. Modern
1 Hazardous Materials Zoning
Amendments -KCC 15.04.040-15.04.050
building codes also provide enhanced protection from risks associated with
chemical use and storage.
C. The zoning code currently establishes a conditional use
permit ("CUP") permit process for reviewing accessory hazardous
substance land use facilities. The city reviewed hazardous substance land
use facility related CUP's processed since 2001 and found that with rare
exception, conditions imposed on these accessory-type uses through the
CUP process did not relate to storage, use or handling of chemicals. The
siting restrictions in the zoning code as well as fire prevention and
building code related standards have effectively eliminated the need for
additional conditions to be imposed through the CUP process. These
regulations are adequate to ensure that accessory hazardous substance
land use facilities do not pose a threat to the public interest, and are
compatible with surrounding uses. For this reason, the CUP requirement
should be removed from the zoning code when a hazardous substance
land use facility is accessory to a principally permitted use.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Section 15.04.040 of the Kent City
Code, entitled "Manufacturing Land Uses," is amended as follows:
2 Hazardous Materials Zoning
Amendments -KCC 15.04.040-15.04.050
Sec. 15.04.040 Manufacturing Land Uses.
Zoning Districts
Key
P=Principally Permitted Uses
S=Special Uses C C h
C=Conditional Uses = r A
A=Accessory Uses b b .� u
E A
•C A C C aCi a"i b E E y
A C
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C A is is is ' � •� a W C m �
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�. u u CL u ai CC C4� 7 ' A O u cd ^ U A A u
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A " 0 U
� ° UUSa de
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Cw b
cT C f5 C C 7 G G "d m O W E O 3 O N
Q t o 04 'A v rn cn Z c c A U U v b ° E 0
o Q -- M �O 00 A F F 0x 0. U U A W �^ N C7 U i 0U
w4 04 14 0� C� x U U U U G � U O ¢ N M 3
Q Q M v) v) W N Z U A A 0 0 0 O � � �
Manufacturing,processing, blending, P P P P(3}) P P P(2)
and packaging of food and beverage (W)ka-7) (374 (23) (2-7) (2-7) (2-7)
products (23)(23) (23) Ll JL31 fL31
C(1)
Manufacturing, processing, blending P P P P P P P(2)
and packaging of drugs, C(1)
pharmaceuticals, toiletries, and
cosmetics.
Manufacturing,processing, blending, P P P P P P P(2)
and packaging of dairy products and C(l)
byproducts.
Industrial laundry and dyeing P P P P P P(2)
(including linen supply and diaper (33)
services)
C
(34)
Printing, publishing, and allied P P P C P P P P P(2)
Industries (35) C(1)
S�
Chemicals and related products mfg. C(4) C(4) C(4 C(1)
Contractor shops P P C P P
(5) (5) C(1) (5)
(3) (2)
Custom arts and crafts products mfg. P P P P P(2)
C(1)
Computers, office machines, and P(3)P(3) P(2)
equipment mfg.
Manufacturing and assembly of P(3)P(3) P P P P P(2)
electrical equipment, appliances, C(1)
lighting, radio, TV communications,
equipment,and components
Fabricated metal products mfg., P P P P P P P(2)
custom sheet metal mfg., containers, C(1)
hand tools,heating equipment,screw
products, extrusion, coating, and
plating
Manufacturing and assembly of P(3)P(3) P P(2" P P P(2)
electronic and electrical devices,and (2" JL51 (2" (M
automotive, aerospace, missile, JL51 JL51 1151
airframe,and similar products. C
(1)
Hazardous substance land uses (7)A(7 A A A A(7) A A(4-5) A A
Mu (ML81 ... Us (>� � (W0*
6 6 6 Ll 6()�� Ll
( H�( G 6 C
inuM (W � 4"
3
Hazardous Materials Zoning
Amendments -KCC 15.04.040-15.04.050
Zoning Districts
Key
P=Principally Permitted Uses
S=Special Uses E
C=Conditional Uses
A=Accessory Uses y c
u " A 3 3 b b A Q Q M N
u r Ca
Av y an U V y� oq N A u
00
'4
A c U > E A= AN 5 E
h Uo
c w
cG w > > a a U E E
c o E
E p E A ro y C E
o Q E E y E o o U E '� n 2 U
ao c 3 ° S
C 'ono a to a s °�' toc °p p 3 0 o N
¢d bo a V) vl V) V) A - Z o o A U U aCi V
o Q cn o 00 A A F F C7 x G4 U U W N U a 0 U
x a a x x x U U U U � C�U a ¢ N M 3
Offices incidental and necessary to A A A A A P P P P P P
the conduct of a principally permitted
use
Warehousing and distribution P P P P P P P
facilities 00 (20)(20) 4% (20) (2% (W
(22) (16)(16) Ll (16) (16) L2
C C(1)
(3-5)
Rail-truck transfer uses C C C" P P
0-7) (24) LL71 (M (-14)
u JU7 SU8 LLIJ
(C)
(t)
Outdoor storage (including truck, P P A A A A C P
heavy equipment, and contractor A C
storage yards as allowed by KCC (1)
development Standards 15.04.190 and
15.04.195)
Miniwarehouses self-storage C P P C P
(2 4)
Manufacturing of soaps, detergents, C P
and other basic cleaning and C(l)
cleansing preparations
Manufacturing of plastics and C P
synthetic resins C(1)
Manufacturing of synthetic and C P
natural fiber and cloth C(1)
Manufacturing of plywood, C P
composition wallboard, and similar C(l)
structural wood products
Manufacturing of nonmetallic C P
mineral products such as abrasives, C(1)
asbestos,chalk,pumice and putty
Manufacturing of heat resisting or C P
structural clay products (brick, tile, C(l)
or pipe)or porcelain products
Manufacturing of machinery and C P
heavy machine tool equipment for C(1)
general industry and mining,
agricultural, construction, or service
industries
Manufacturing, processing, P P" P P P
assembling,and packaging of articles, (2* (20) (24) C (2)
products,or merchandise made from u (30) (20) (1)
previously prepared natural or (30) 26 (30)
synthetic materials 26 � 2
(M (28) (M
sL81
4
Hazardous Materials Zoning
Amendments -KCC 15.04.040-15.04.050
Zoning Districts
Key t
P=Principally Permitted Uses
b
S=Special Uses t >r =
C=Conditional Uses
A A
A=Accessory Uses
u 14 O O C 'b y w 5
_ 15 15A it
b b A E A A
U U U E' Ca N A
b
; N
a° u ° d .w2 �
0 O yE A " j
a x x � a. U E
AC
E E8 0 6
A v Q 2 E = > E E A E c U o U E Q W N o
= n E ro a aci E a ° U pp u 'u E a o ° U
C c7i N 7E0 5 w eo 7 c u zW °ao E C E �° A h b E
oa 'i a, 3 N o x ° c c o A U U ci v b b m
1
Q eo cn v v� N z E C7
cd 0; Qi X U U AU U U O Q .-. U N M 3
Q Q v] rn rn N rn 2 2 :� Z U A A 0 0 0 O C7
Manufacturing, processing, treating, P P P P
assembling and packaging of articles, (24) (24) (24) (39)
products, or merchandise from (20) (20) (20) (26)
previously prepared ferrous, (34) (30) (3% C
nonferrous,or alloyed metals (26) (26) (26) (I)
Complexes which include a P P
combination of uses, including a
mixture of office, storage, and light
manufacturing uses
Accessory uses and buildings A A A A A A A A A A A A A A A A A A A A A A A A A A A
customarily appurtenant to a (3�q (fA)0%(13)( (1�( (48) (6)
permitted use 2) �� u m
Impound lots C C
(0
P:\Civtl\Ordmancc\15 04 040Fina1121708.docx
5
Hazardous Materials Zoning
Amendments -Kcc 15.04.040-15.04.050
SECTION 2. - Amendment. Section 15.04.050 of the Kent City
Code, entitled "Manufacturing Land Use Development Conditions," is
amended as follows:
Sec. 15.04.050. Manufacturing land use development
conditions.
1. The followinguses require a conditional use permit:
q
a. Manufacture of such types of basic materials as follows:
(1) Gum and wood chemicals and fertilizers, and basic
industrial organic and inorganic chemicals or products such as alkalis and
chlorine, industrial and liquid petroleum, gases, cellophane, coal tar
products, dyes and dye products, impregnated products, tanning
compounds, and glue and gelatin.
(2) Hydraulic cement, concrete, gypsum, lime, carbon,
carbon black, graphite, coke, glass, and similar products.
b. Manufacture of products such as the following:
(1) Ammunition, explosives, fireworks, matches,
photographic film, missile propellants, and similar combustibles.
(2) Rubber from natural, synthetic, or reclaimed materials.
(3) Paving and roofing materials or other products from
petroleum derivatives.
C. Refining of materials such as petroleum and petroleum
products, metals and metal ores, sugar, and fats and oils.
d. Distilling of materials such as bone, coal, coal tar, coke,
wood, and other similar distillates.
e. Heavy metal processes, such as ore reduction or smelting,
including blast furnaces, and including drop forging, drop hammering,
boiler plate works, and similar heavy metal operations:
(1) Asphalt batching plants.
6 Hazardous Materials Zoning
Amendments -KCC 15.04.040-15.04.050
(2) Concrete mixing and batching plants, including ready-
mix concrete facilities.
(3) Rock crushing plants and aggregate dryers.
(4) Sandblasting plants.
f. Animal and food processing, including the following and
similar operations:
(1) Tanning, dressing, and finishing of hides, skins, and
furs.
(2) Meat and seafood products, curing, canning, rendering,
and slaughtering.
(3) Nitrating of cotton and other materials.
(4) Rendering of animal grease or tallow, fish oil, and
similar materials.
(5) Slaughtering, stockyard, feedlot, dairy, and similar
operations.
(6) Pickling and brine curing processes.
(7) Wholesale produce markets.
g. Salvage, wrecking, and disposal activities, including the
�j following and similar operations:
(1) Automobile and building wrecking and salvage.
(2) Salvage of industrial waste materials such as metal,
paper, glass, rags, and similar materials.
(3) Sewage disposal and treatment plants.
(4) Dump and sump operations for such uses as rubbish,
garbage, trash, and other liquid and solid wastes.
h. Storage of the following kinds of goods:
(1) Bulk storage of oil, gas, petroleum, butane, propane,
liquid petroleum gas, and similar products, and bulk stations and plants.
(2) Used building materials, mover's equipment, relocated
buildings, impounded vehicles, and similar materials.
7 Hazardous Materials Zoning
Amendments -Kcc 15.04.040-15.04.050
(3) Explosives or fireworks, except where incidental to a
principally permitted use.
(4) Fertilizer or manure.
2. Small scale, light industrial, or manufacturing operations where the
building, structure, or total operation does not encompass more than ten
thousand (10,000) square feet of area. The ten thousand (10,000) square
feet total shall include all indoor and outdoor storage areas associated with
the manufacturing operation. Only one (1) of these uses shall be allowed
per lot.
3. Small scale light manufacturing operations as follows: stamping,
brazing, testing, electronic assembly, and kindred operations where the
building, structure, or total operation does not encompass more than ten
thousand (10,000) square feet of area. The ten thousand (10,000) square
foot total shall include all indoor and outdoor storage areas associated
with the manufacturing operation. Only one (1) ten thousand (10,000)
square foot manufacturing operation shall be permitted per lot.
4. Conditional use for manufacturing of paint, but manufacturing of
paint is permitted outright in the M3 zone.
5. Contractor shops where most of the work is done on call, and which
do not rely on walk-in trade, but where some incidental storage or semi-
manufacturing work is done on the premises, such as carpentry, heating,
electrical, or glass shops, printing, publishing, or lithographic shops,
furniture, upholstery, dry cleaning, and exterminators.
6. Accessory uses shall not include vehicular drive-through, drive-in,
and service bay facilities.
8 Hazardous Materials Zoning
Amendments -KCC 15.04.040-15.04.050
7. For permitted uses, accessory hazardous substance land uses,
including onsite hazardous waste treatment or storage facilities, which are
not subject to cleanup permit requirements of Ch. 11.02 KCC and de net
the site, subject to the provisions of KCC 15.08.050, except offsite
hazardous waste treatment or storage facilities, which are not permitted in
this district. Fuel farm facilities are not allowed in AG or A-10 zones.
tinge eigthe site, su;eet to t-he-p rr+s+e rsef KGG 15.98.05^r -pt ffs°te
� �-
r
this diSt-Fiet Fuel a...ffi `ae"OUesare net a"ewedOn the-AG er`-A 10 -mess..
98. For permitted uses, hazardous substance land uses, including onsite
hazardous waste treatment or storage facilities, which are not subject to
cleanup permit requirements of Ch. 11.02 KCC and which do not
accumulate more than five thousand (5,000) pounds of hazardous
substances or wastes or any combination thereof at any one (1) time on
the site, subject to the provisions of KCC 15.08.050, except offsite
hazardous waste treatment or storage facilities, which are not permitted in
this district.
--09. Includes incidental storage facilities and loading/unloading areas.
r
9 Hazardous Materials Zoning
Amendments -KCC 15.04.040-I5.04.o50
this d4str-et
the site eF whieh handle Fner-e than twenty theusand (20,000) peunds ef
hap-apdeus substanees and wastes en the site in any thir-ty (30) day peried
. .
1
this diStFiet
-1310. Includes incidental storage facilities, which must be enclosed, and
loading/unloading areas.
4411. Including transportation and transit terminals with repair and
storage facilities, and rail-truck stations, except classification yards in the
category of"hump yards."
4512. For permitted uses, accessory hazardous substance land uses,
including onsite hazardous waste treatment or storage facilities, which are
not subject to cleanup permit requirements of Ch. 11.02 KCC and
tinge en t e site, subject to the provisions of section 15.08.050. Offsite
hazardous waste treatment or storage facilities are not permitted in this
district, except through a special use combining district.
10 Hazardous Materials Zoning
Amendments -KCC 15.04.040-15.04.050
.
37713. Conditional use permit required for trucking terminals and rail-truck
transfer uses.
4$14. For permitted uses accessor hazardous substance land uses
P Y ,
including onsite hazardous waste treatment or storage facilities, which are
not subject to cleanup permit requirements of Ch. 11.02 KCC and •••"i^"
tome en the site, subject to the provisions of KCC 15.08.050, except offsite
hazardous waste treatment or storage facilities, which require a
conditional use permit in this district.
15. The following requires a conditional use permit:
a. Offsite hazardous waste treatment or storage facilities,
subject to the provisions of KCC 15.08.050.
b. Any hazardous substance land use that is not an accessory
use to a principally permitted use.
11 Hazardous Materials Zoning
Amendments -KCC 15.04.040-15.04.050
�t316. Warehousing and distribution facilities and the storage of goods or
products, except for those goods or products specifically described as
permitted to be stored only as conditional uses in the M3 district.
2417. Conditional use for car loading and distribution facilities, and rail-
truck transfer stations.
-2-218. Warehousing and distribution facilities and the storage of goods or
— 9 9
products, including rail-truck transfer facilities.
-2319. Miniwarehouses; provided, that the following development
standards shall apply for miniwarehouses, superseding those set out in
KCC 15.04.190 and 15.04.200:
a. Frontage use. The first one hundred fifty (150) feet of lot
depth, measured from the property line or right-of-way inward from the
street frontage, shall be reserved for principally permitted uses for this
district, defined by the provisions of KCC 15.04.100(A)(1), or for the office
or onsite manager's unit, signage, parking, and access. A maximum of
twenty-five (25) percent of the frontage may be used for access to the PI
storage unit area; provided, that in no case shall the access area exceed
seventy-five (75) feet in width. No storage units or structures shall be
permitted within this one hundred fifty (150) feet of commercial frontage
depth.
b. Lot size. Minimum lot size is one (1) acre; maximum lot size
is four (4) acres.
C. Site coverage. Site coverage shall be in accordance with the
underlying zoning district requirements.
d. Setbacks. Setbacks shall be as follows:
(1) Front yard: Twenty (20) feet.
(2) Side yard: Ten (10) feet.
(3) Rear yard: Ten (10) feet.
12 Hazardous Materials Zoning
Amendments -KCC 15.04.040-15.04.050
e. Height limitation. The height limitation is one (1) story.
f. Outdoor storage. No outdoor storage is permitted.
g. Signs. The sign requirements of Ch. 15.06 KCC shall apply.
h. Off-street parking.
(1) The off-street parking requirements of Ch. 15.05 KCC
shall apply.
(2) Off-street parking may be located in required yards,
except in areas required to be landscaped.
i. Development plan review. Development plan approval is
required as provided in KCC 15.09.010.
j. Landscaping. Landscaping requirements are as follows:
(1) Front yard: Twenty (20) feet, type III (earth berms).
(2) Side yard: Ten (10) feet, type II abutting commercial
uses or districts; type I abutting residential uses or districts.
(3) Rear yard: Ten (10) feet, type II abutting commercial
uses or districts; type I abutting residential uses or districts.
For maintenance purposes, underground irrigation systems shall be
provided for all landscaped areas.
k. Onsite manager. A resident manager shall be required on the
site and shall be responsible for maintaining the operation of the facility in
conformance with the conditions of the approval. The planning department
shall establish requirements for parking and loading areas sufficient to
' accommodate the needs of the resident manager and the customers of the
facility.
I. Drive aisles. Drive aisle width and parking requirements are
as follows:
(1) Fifteen (15) foot drive aisle and ten (10) foot parking
aisle.
(2) Parking for manager's quarters and visitor parking.
13 Hazardous Materials Zoning
Amendments -KCC 15.04.040-15.04.050
M. Building lengths. The horizontal dimension of any structure
facing the perimeter of the site shall be offset at intervals not to exceed
one hundred (100) feet. The offset shall be no less than twenty (20) feet
in the horizontal dimension, with a minimum depth of five (5) feet. '
n. Building materials. If abutting a residential use or zone,
residential design elements such as brick veneer, wood siding, pitched
roofs with shingles, landscaping, and fencing shall be used. No
uncomplimentary building colors should be used when abutting a
residential use or zone.
o. Prohibited uses. Use is restricted to dead storage only. The
following are specifically prohibited:
(1) Auctions (other than tenant lien sales), commercial,
wholesale or retail sales, or garage sales. '
(2) The servicing, repair, or fabrication of motor vehicles,
boats, trailers, lawn mowers, appliances, or other similar equipment.
(3) The operation of power tools, spray painting
equipment, table saws, lathes, compressors, welding equipment, kilns, or
other similar equipment.
(4) The establishment of a transfer and storage business. '
(5) Any use that is noxious or offensive because of odor,
dust, noise, fumes, or vibration.
(6) Storage of hazardous or toxic materials and chemicals
or explosive substances. ,
P. Fencing. No razor wire is allowed on top of fences.
-2420. Prohibited are those manufacturing activities having potentially
deleterious operational characteristics, such as initial processing of raw '
materials (forging, smeltering, refining, and forming).
2§21. The ground level or street level portion of all buildings in the '
pedestrian overlay of the DC district (as shown in KCC 15.04.080) must be
14 Hazardous Materials Zoning
Amendments -KCC 15.04.040-15.04.050
retail or pedestrian-oriented. Pedestrian-oriented development shall have
' the main ground floor entry located adjacent to a public street and be
physically and visually accessible by pedestrians from the sidewalk; and
' may include the following uses:
a. Retail establishments, including but not limited to
convenience goods, department and variety stores, specialty shops such
as apparel and accessories, gift shops, toy shops, cards and paper goods,
home and home accessory shops, florists, antique shops, and book shops;
b. Personal services, including but not limited to barber shops,
beauty salons, and dry cleaning;
' C. Repair services, including but not limited to television, radio,
computer, jewelry, and shoe repair;
d. Food-related shops, including but not limited to restaurants
(including outdoor seating areas and excluding drive-in restaurants) and
taverns;
e. Copy establishments;
' f. Professional services, including but not limited to law offices
and consulting services; and
g. Any other use that is determined by the planning director to
be of the same general character as the above permitted uses and in
accordance with the stated purpose of the district, pursuant to KCC
15.09.065, Use interpretations.
2-622. Permitted uses are limited to storage, warehousing, processing and
conversion of agricultural, dairy, and horticultural products, but not
including slaughtering, meat packing, and fuel farm facilities.
2423. Excluding slaughtering, rendering, curing, or canning of meat or
' seafood products.
15 Hazardous Materials Zoning
' Amendments -Kcc 15.04.040-15.04.050
-2824. Except for those goods or products specifically described as
permitted to be stored as conditional uses.
�925. Excluding explosive fuels and propellants.
3$26. Excluding predominantly drop forge and drop hammer operations.
3427. Other accessory uses and buildings customarily appurtenant to a
permitted use, except for onsite hazardous waste treatment and storage
facilities, which are not permitted in residential zones. '
3-228. Excluding paint boiling processes. '
3329. Limited to twenty-five (25) percent of gross floor area. Reference '
KCC 15.04.080(5).
- 430. Retail or services uses which exceed the twenty-five (25) percent '
limit on an individual or cumulative basis shall be subject to review
individually through the conditional use permit process. A conditional use ,
permit shall be required on an individual tenant or business basis and shall
be granted only when it is demonstrated that the operating characteristics
of the use will not adversely impact onsite or offsite conditions or either an
individual or cumulative basis.
3531. Reuse or replacement of existing structures for non-agricultural ,
uses is allowed where it is shown that the existing structures are obsolete
for agricultural use and will have no viable economic use unless they can
be put to non-agricultural use. Any replacement structures must maintain
or enhance the agricultural appearance of the property. Signs shall be '
limited to not more than one hundred (100) square feet in area per
business, and of that amount, freestanding signs shall not exceed forty
(40) square feet in area. No increase in the area of existing impervious
surface shall be allowed in connection with a non-agricultural use. '
16 Hazardous Materials Zoning
Amendments -Kcc 15.04.040-15.04.050 ,
SECTION 3. - 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.
SECTION 4. - Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage as provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
17 Hazardous Materials Zoning
' Amendments -KCC 15.04.040-15.04.050
PASSED: day of , 2008.
APPROVED: day of , 2008.
PUBLISHED: day of , 2008.
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.
,BRENDA JACOBER, CITY CLERK (SEAL)
P:\Civil\Ordinance\HazardousMaterials-AmendKCC15 04 040050Final I21708.docx
18 Hazardous Materials Zoning
Amendments -Kcc 15.04.040-15.04.050 '
Harmon questioned why the LUPB went for Option B and not Option C.
Clamp noted that there was a question about granting special privileges and that
not many applicants would meet the specific criteria.
Albertson asked for clarification that Option B would bring 45 lots back in to play
and that option C only brings an additional 20 lots back into play. Clamp noted that
Option B captures plats that have not yet expired.
Planning Services Director Fred Satterstrom clarified that Option C would add
additional lots to Option B. Harmon asked Satterstrom about the process to
' resubmit if the permits expire and if any type of relief is being developed for these
applicants. Satterstrom stated that applicants will have to start the process over
again, including incurring the cost of the application fee. Satterstrom added these
properties would have to conform to the new standards. He added that staff is not
working on changing the re-application process.
Harmon MOVED to approve SCA-2007-1 Subdivision Code Amendment (Phase I)
and to modify the recommendation of the LUPB of Option B to extend the expiration
periods for preliminary short plat subdivision approvals to four years and extend by
two years all preliminary short plat approvals which have not expired upon the
passing of this Ordinance, and to approve SCA-2007-1 Subdivision Code
Amendment (Phase II) as presented by staff.
Harmon stated that his motion would take effect immediately at the passing of this
Ordinance and that current plats would be allowed to be completed. Clark asked
for the city attorney.
In response to Mr. Clark Assistant City Attorney Kim Adams Pratt clarified that Mr.
P tY Y
Harmon's amendment is needed. Pratt added that some applicants would be
affected by the dates. Pratt clarified that Option C would include those lots in
Option B.
Clark SECONDED the motion. Motion PASSED 3-0.
ZCA-2008-1 Hazardous Substance Land Use Facilities Zoning Code
Amendment
Principal Planner Matt Gilbert stated that staff is proposing an amendment to the
current zoning code, related to the permit process for siting accessory hazardous
substance land use facilities Since 1988 there have been many advances in the
Fire, Building and Environmental Codes that augment the zoning code. Gilbert
stated that staff is proposing amending the Conditional Use Permit process in
regards to accessory uses. Gilbert stated the Conditional Use permit process
typically adds 5 months to the project and rarely results in substantive conditions.
Staff is proposing that if a hazardous substance land use is an accessory use, it
could go through the building permit process. Gilbert noted that staff .is not
PEDC Minutes
December 1, 2008
Page 4 of 5
r
proposing any changes to siting criteria, just changes to the process. Gilbert added
that projects where the hazardous substance land use is the principal use of the site
would still require a Conditional Use Permit.
Clark MOVED to adopt ZCA-2008-1 Hazardous Substance Land Use Facilities as
recommended by the LUPB. Harmon SECONDED the motion. Motion PASSED 3-0.
Adjournment
Seeing no further business, Chair Albertson adjourned the meeting at 7:00 p.m.
Molly Bartlemay ,
Planning Services Secretary
S:\Permit\Pia n\PEDC\2008\Minutes\12-1-08_PEDCmin.doc
i
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PEDC Minutes
December 1,2008
Page 5 of 5
his situation does not fall under this territory; he gave an option to speak to City
Council.
Dowell MOVED and Ottini SECONDED a motion to adopt SCA-2007-1 Subdivision
Code Amendment (Phase I) Option B with a four year extension. Motion carried 3-
1 with Gray opposed.
' Ottini MOVED and Dowell SECONDED a motion to adopt SCA-2007-1 Subdivision
Code Amendment (Phases II) as presented by staff. Motion carried 4-0
ZCA-2008-1 Hazardous Substance Land Use Facilities Zoning Code Amendment
Principal Planner, Matt Gilbert stated that staff recommends amending the current
Hazardous Substance Code pertaining to accessory uses. Gilbert read the definition
of accessory uses. Gilbert noted that a lot of products are considered hazardous.
Currently a Conditional Use Permit is required for all hazardous uses that reach a
specific quantity of material. This entails extensive meetings, notices, and
mailings. Staff review is generally a duplicate of other codes and ordinances that
are applicable. Logistically this adds approximately five months to the permit
process. Gilbert stated that staff is proposing to allow permits to move forward
without a Conditional Use Permit if the hazardous use is an accessory use. The
proposal does not change the other code criteria regarding where such uses may be
located.
Seeing no public speakers, Ottini MOVED and Dowell SECONDED a motion to close
the public hearing. Motion passed 4-0.
Ottini MOVED and Dowell SECONDED a motion to adopt ZCA-2008-1 Hazardous
Substance Land Use Facilities Zoning Code as presented by staff. Motion carried
4-0.
ADJOURNMENT
Ottini MOVED and Gray SECONDED a motion to adjourn the Meeting. Motion
carried 4-0. Johnson adjourned the meeting at 8:35 p.m.
Charlene Anderson, AICP, Planning Manager
Secretary of the Board
S:\Permlt\Plan\LUPB\2008\MINUTES\112408_LUPB_Min.doc
Land Use and Planning Board
Minutes
November 24, 2008
Page 4 of 4
COMMUNITY DEVELOPMENT
Fred N. Satterstrom, AICP, Director
PLANNING SERVICES
• Charlene Anderson, AICP, Manager
KEN T
WAS HIN OTON Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
November 25, 2008
TO: Chair Elizabeth Albertson and Planning & Economic Development '
Committee Members
FROM: Matt Gilbert, Principal Planner
RE: Zoning Code Amendment, Hazardous Materials Related Conditional Use ,
Permits
[ZCA-2008-1/KIVA #RPP6-2083651]
Staff report for the December 1, 2008 PEDC meeting
MOTION: I move to adopt/modify/deny the Land Use & Planning Board
Recommendation to streamline the permit process related to Hazardous
Substance Land Use Facilities.
SUMMARY: After holding a public hearing on November 24, 2008, the Land Use ,
and Planning Board voted 4:0 to recommend approval of a proposal to amend Kent
City Code related to accessory Hazardous Substance Land Uses. The proposal
amends the land use permitting process to acknowledge that adopted
environmental protections, siting limitations, building and fire codes typically are
sufficient to protect the public interest from any negative impacts associated with
accessory hazardous substance land uses. No change is proposed to the siting
criteria in the zoning code or to other codes and ordinances regulating such uses.
Furthermore, no change is proposed regarding off-site hazardous waste treatment
and storage facilities.
BUDGET IMPACT: None.
BACKGROUND: Please refer to the November 17th staff memo in the packet
written for the Land Use & Planning Board public hearing for background
information on this project.
MG:CA/pm :S:\Permit\Plan\ZONECODEAMEND\2008\ZCA-2008-1 HazSubLdUseFac\PEDC\120108_PEDCStaffRpt.doc ,
cc: Fred Satterstrom,AICP,CD Director
Charlene Anderson,AICP,Planning Manager
Project File
COMMUNITY DEVELOPMENT
Fred N. Satterstrom, AICP, Director
PLANNING SERVICES
® Charlene Anderson, AICP, Manager
KENT
WASHINGTON Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
' Kent, WA 98032-5895
November 17, 2008
TO: Chair Jon Johnson and Land Use and Planning Board Members
FROM: Matt Gilbert, Principal, Planner
RE: Hazardous Materials Related Conditional Use Permits Processed
ZCA-2008-1
Staff Report for the November 24, 2008 LUPB Hearing
SUMMARY: Based - on comments from applicants and City departments, the
Planning Services staff has reviewed hazardous material-related Conditional Use
Permits (CUPs) processed since 2001 and found that adopted environmental
protections, siting limitations, building codes and fire codes are typically sufficient
to protect the public interest from any negative impacts associated with these uses.
In short, the CUP process does not typically yield substantial conditions on
hazardous substance land use facilities that would not otherwise have been
imposed by existing codes. Staff proposes amendments to the Zoning Code to
streamline the permit process.
BACKGROUND:
I. HAZARDOUS SUBSTANCE LAND USE FACILITY REGULATIONS
In 1988, the Kent City Council passed a series of regulations to address land
uses that accumulate hazardous substances on a site. A hazardous substance is a
material that has any of the dangerous' characteristics of hazardous waste (i.e.ignitability, corrosivity, reactivity and toxicity) as specified in the 'Washington State
codes. While these regulations were primarily intended to address larger scale
waste-processing and storage sites such as Philips Environmental and Univar, they
apply to more common and smaller-scale distribution and manufacturing uses that
handle or use hazardous substances as part of normal operations.
MEMORANDUM:
Chair Jon Johnson and Land Use and Planning Board Members
November 17, 2008
Page: 3
Kent's current permitting requirements state that all hazardous substance
permit applications over the quantity threshold be processed similarly, regardless of
the type of activity occurring at the site. Accordingly, a warehouse that handles '
packaged bags of home garden fertilizer as part of a larger operation or a laundry
facility that includes indoor tanks of detergent would be subject to the same permit
process as a large hazardous waste disposal site.
Staff has reviewed hazardous substance related CUP's processed since 2001
and found that with rare exception, conditions imposed on these accessory type
uses through the CUP process do not relate to storage, use or handling of
chemicals. Most often, conditions are redundant with the Zoning Code and relate to
landscape buffering or site lighting, which is typically addressed during building plan
review. The siting restrictions in the Zoning Code as well as Fire Prevention and
Building related standards have effectively eliminated 'the need for additional
conditions to be imposed through the CUP process.
3. CONCLUSIONS
As more sophisticated environmental and safety regulations have been
developed, review under the CUP process has become -less relevant to common
storage and manufacturing uses that include hazardous materials. In conjunction
with the siting restrictions in the Zoning code, these regulations are adequate to
ensure that accessory hazardous substance land use facilities do not pose a threat
to the public interest, and are compatible with surrounding uses. This is evidenced
by the consistent lack of substantive conditions imposed through the CUP process.
Amending the Zoning Code to remove the CUP requirement when a
hazardous substance land use facility is accessory to a principally permitted use is
appropriate. The Zoning Code defines Accessory Use as,"... of a nature customarily
incidental and subordinate to the principal use...." As integration with surrounding
uses may be a more sensitive issue in Kent's lower intensity commercial zones (i.e.
NCC, CC, DC and DCE), the proposed amendment should be limited to the more
intense commercial zones (i.e. GC, CM-1, CM-2), agricultural zones (i.e. A-10, AG)
and the industrial zones (i.e. MA, M1, M1-C, M2 and M3).
Conditional Use permit review is appropriate when hazardous material use or
storage,is the primary element of a proposed use. In this instance, the existing
Zoning Code regulations should remain.
MEMORANDUM:
Chair Jon Johnson and Land Use and Planning Board Members
November 17, 2008
Page: 5
t15. For permitted uses, accessory hazardous substance land uses,
including onsite hazardous waste treatment or storage facilities, which are not
subject to cleanup permit requirements of Ch. 11.02 KCC and whieh de net
time en the site subject to the
provisions of section 15.08.050. Offsite hazardous waste treatment or storage
facilities are not permitted in this district, except through a special use combining
district.
18. For permitted uses, accessory hazardous substance land uses,
including onsite hazardous waste treatment or storage facilities, which are not
subject to cleanup permit requirements of Ch. 11.02 KCC and whieh de met,
► , subject to the
provisions of KCC 15.08.050, except offsite hazardous waste treatment or storage
facilities, which require a conditional use permit in this district.
a. Offsite hazardous waste treatment or storage facilities, subject
to the provisions of KCC 15.08.050.
b. Any hazardous substance land use that is not an accessory use
to a principally permitted use.
i
COMMUNITY DEVELOPMENT
Fred N. Satterstrom, AICP, Director
PLANNING SERVICES
�,KENT Charlene Anderson, AICP, Manager I.47
WASHINGTON Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
October 20, 2008
TO: Chair Jon Johnson and Land Use and Planning Board Members
FROM: Matt Gilbert, Principle Planner
RE: Hazardous Substance Land Use Facilities Zoning Code Amendment
ZCA-2008-1/KIVA #RPP6-2083651
For the October 27, 2008 LUPB Workshop ,
SUMMARY: Based on comments from applicants and- staff from other City
departments, the Planning Services staff has reviewed hazardous material-related
Conditional Use Permits (CUPs) processed since 2001 and found that adopted
environmental protections, siting limitations, building codes and fire codes are
typically sufficient to protect the public interest from any negative impacts
associated with these uses. In short, the CUP process does not typically yield
substantial conditions on hazardous material land uses that would not otherwise
have been imposed. Staff is currently in the process of formulating options for
streamlining the permit process and will discuss these options at the October 27th
workshop.
BACKGROUND: In 1988, the Kent City Council passed a series of regulations to
address land uses that accumulate hazardous substances on a site. A hazardous
substance is defined in the Zoning Code as a material that has any of the
dangerous characteristics of hazardous waste (i.e. ignitability, corrosivity, reactivity
and toxicity) as specified in the Washington State codes. While these regulations
were primarily intended to address larger scale waste-processing and storage sites '
such as Philips Environmental and Univar, the definition of hazardous substance has
resulted in similar regulations also being applied to more common distribution and
manufacturing uses. These regulations are contained within Kent's Zoning Code
and include siting restrictions and development conditions to which all such
hazardous material and waste related uses must adhere.
In addition to specific regulations, the Zoning Code includes requirements related to
the permit process required for hazardous substance land uses.. In Kent's industrial
and more intense commercial zones, uses that accumulate more than 20-40 drums
of hazardous substance on a site are subject to the conditional use permit (CUP)
process. The CUP process includes an extensive public notification process as well
as a public hearing that require significant resources of both applicants and City
staff. Kent's current permitting requirements state that all hazardous substance
permit applications over the threshold be processed similarly. Accordingly, many
manufacturing and distribution operations in the Kent Valley have been subject to
the same CUP process that would be required for a major hazardous waste facility.
' As more sophisticated environmental and safety regulations have been developed,
review under the CUP process has become less relevant to common storage and
manufacturing uses.
OPTIONS AND RECOMMENDATION: Staff is working to identify opportunities for
efficiency in this review process that will not diminish the City's ability to protect
public health, safety and welfare.
tBT/MG/pm S:\Permlt\Plan\ZONECODEAMEND\2008\ZCA-2008-1 HazSubLdUseFac\102708_LUPBWkshpMemo.doc
CC Fred Satterstrom,AICP,CD Director
Charlene Anderson,AICP,Planning Manager
Protect File
1
1
ALUPB Workshop 10/27/08
ZCA-2008-1 Hazardous Substance Ld Use Facilities
Page 2 of 2
Kent City Council Meeting
Date January 6, 2009
1 Category Consent Calendar - 6E
1. SUBJECT: SURPLUS VEHICLES - AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Mayor to sell or otherwise dispose
certain surplus vehicles and equipment as described in the Public Works
memorandum.
Thirteen (13) vehicles and miscellaneous equipment.
3. EXHIBITS: Public Works memorandum
t4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? Revenue? X
Currently in the Budget? Yes No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
5
PUBLIC WORKS DEPARTMENT
Larry R. Blanchard, Public Works Director
• Phone: 253 856 5500
K EN T Fax: 253-856-6500
WASHINGTON
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
DATE: December 9, 2008
TO: Chair Deborah Ranniger and Public Works Committee Members
PW Committee Meeting Date: December 15, 2008
FROM: Ron Green, Fleet Manager & Don Millett, Operations Manager
THROUGH: Larry Blanchard, Public Works Director
SUBJECT: Vehicle and Equipment Surplus
Motion: Move to recommend Council authorize the Mayor to approve staff to
appropriately dispose of #13 vehicles and miscellaneous equipment as described
in this memorandum, subject to terms and conditions acceptable to the City
Attorney and the Public Works Director.
Veh. # Year Make Mileage Reason for Disposal
3170 1998 Ford Crown Vic 85,815 Repair costs to engine (intake
manifold) exceed value of vehicle.
3195 1999 Ford Taurus 64,397 Vehicle involved in an accident,
repairs are more the value of vehicle.
3802B 2005 Ford Crown Vic 88,842 Totaled in accident 11/08.
3805E 2005 Ford Crown Vic 83,522 Vehicle costs exceed value of vehicle.
Meets replacement criteria.
5361 1991 Chevrolet C1500 81,561 Repairs exceed value of vehicle
6571 1998 John Deere Tractor 3,180 Differential repairs exceed the value
Hours of the tractor.
6302 2002 Toro Proline Mower N/A Engine seized.
8719 1989 Chevrolet C20 95,660 Vehicle has reached it useful life, cost
of repairs exceed value of vehicle.
8700 1992 Ford Taurus 51,202 Vehicle totaled in accident (10/2008).
8805 1992 Ford Taurus 54,065 Transmission needs replaced, 1/2
leaking oil. Not worth repairing.
9959 1974 Dodge Van Vehicle is outdated and does not meet
customer needs.
3721 2003 BMW Motorcycle 25,694 Cost of transmission repair exceeds
the value of the vehicle.
5405 1997 IHC 4700 Truck 591600 Maintenance costs rising, vehicle no
longer meets customer needs.
Miscellaneous Parts: Used Patrol car dog kennel.
Summary: The listed vehicles/equipment comply with current replacement policy
guidelines and have been replaced. The equipment will be sold at auction or to smaller
cities and agencies as needed.
U:\PWCommlttee\ActlonPage\20080\12 15 08 Veh and Equipment Surplus.doc
Kent City Council Meeting
Date January 6, 2009
Category Consent Calendar - 6F
1. SUBJECT: 81ST AVENUE SOUTH STORM REVISIONS - ACCEPT AS COMPLETE
2. SUMMARY STATEMENT: Accept the 81st Avenue South Storm Revisions
Project as complete and release retainage to Archer Construction upon standard
releases from the state and release of any liens.
The original contract amount was $48,777.50. The final contract amount was
$40,494.68.
3. EXHIBITS:T : None
i4. RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue?
Currently in the Budget? Yes X No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Kent City Council Meeting
Date January 6, 2009
Category Consent Calendar - 6G
1. SUBJECT: SOUTH 228T"/MILITARY ROAD WIDENING, PHASE 2 - ACCEPT AS
COMPLETE
2. SUMMARY STATEMENT: Accept the South 228th Street Military Road
Widening Phase 2 Project as complete and release retainage to Scarsella Brothers,
Inc., upon standard releases from the state and release of any liens.
The original contract amount was $2,993,985.25. The final contract amount was
$2,823,471.75.
3. EXHIBITS: None
4. RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue?
Currently in the Budget? Yes X No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
REPORTS FROM STANDING COMMITTEES AND STAFF
A. COUNCIL PRESIDENT
B. MAYOR
C. OPERATIONS COMMITTEE
D. PARKS AND HUMAN SERVICES COMMITTEE
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E. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE
F. PUBLIC SAFETY COMMITTEE � y✓� ��13 Tug C� S
G. PUBLIC WORKS Zul
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REPORTS FROM SPECIAL COMMITTEES
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3
PUBLIC WORKS COMMITTEE MINUTES
for December 1, 2008
Committee Members Present: Committee Chair Deborah Ranniger and Committee Members
Debbie Raplee and Ron Harmon were present. The meeting was called to order at 5: p.m.
ITEM 1 - Approval of Minutes Dated November 17, 2008:
Committee Member Raplee moved to approve the minutes of November 17, 2008.
The motion was seconded by Harmon and passed 3-0.
ITEM 2 - 2009 Water Treatment Chemical Contract with Eaua-Chlor:
Public Works Director, Larry Blanchard explained that the City annually advertises for water
treatment supply chemicals. The treatment chemical is required to supply potable drinking
water to the City's water customers. Sodium Hydroxide is used in the water system as a pH
adjustment for corrosion control. Blanchard noted that the funding impact of $114,000 would
come from the 2009 operating budget.
Harmon moved to recommend Council authorize the Mayor to sign the 2009 Water
Treatment Chemical Supply Agreement between the City of Kent and Equa-Chlor for
25% Sodium Hydroxide, subject to terms and conditions acceptable to the City
Attorney and the Public Works Director. The motion was seconded by Raplee and
passed 3-0.
ITEM 3 - 2009 Water Treatment Chemical Contracts with Cascade Columbia
Distribution:
Public Works Director, Larry Blanchard explained that, in order to meet State and Federal
Regulations for drinking water standards the City annually advertises for water treatment
supply chemicals. Sodium Fluoride is used to fluoridate the drinking water in an effort to help
prevent dental cavities in young children and Potassium Permanganate is used as an oxidizer in
the removal of iron and manganese. Blanchard noted that the funding impact of $36,810.80
would come from the 2009 operating budget.
Raplee moved to recommend Council authorize the Mayor to sign the 2009 Water
Treatment Chemical Supply Agreement between the City of Kent and Cascade
Columbia Distribution for Sodium Fluoride and Potassium Permanganate, subject to
terms and conditions acceptable to the City Attorney and the Public Works Director.
The motion was seconded by Harmon and passed 3-0.
ITEM 4 - Transit Service Agreement By and Between King County and the City of Kent
for Route 918:
Senior Transporation Planner, Cathy Mooney explained that this Commuter Shuttle service was
started in February 2003 to meet each Sounder Train in the morning and afternoon. In
summary, this Agreement is different than previous Agreements in that it is for a period of
three (3) years rather than our previous practice of renewing the Agreement each year. This
agreement will be covered by a Congestion Mitigation and Air Quality (CMAQ) federal grant.
The City's 20% match is estimated at approximately $22,488 per year. This amount is in the
budget.
4
PUBLIC WORKS COMMITTEE MINUTES
for December 1, 2008
Harmon moved to recommend Council authorize the Mayor to sign the Transit Service
Agreement by and between King County and the City of Kent for the Route 918,
subject to terms and conditions acceptable to the City Attorney and the Public Works
Director. The motion was seconded by Raplee and passed 3-0.
ITEM 5 - Information Only/Customer Focus Report Public Works Enaineerina:
Deputy Public Works Director, Tim LaPorte presented an informational PowerPoint presentation
on Customer Focus for Public Works Engineering.
Public Works Director suggested to the Public Works Committee that if they had additional
comments regarding some of the customer questions asked or if additional questions were
needed please send them to Tim LaPorte or Larry Blanchard. The survey will be sent out in
early January 2009 to the Public Works committee.
For informational Purposes Only - Motion Not Required
ITEM 6 - Update-Information Only/Solid Waste Contract Request for Proposals
RFP :
Environmental Conservation Supervisor, Kelly Peterson gave an update on the current solid
waste contract which expires on December 31, 2008. He explained the new processes in the
request for proposals and will come back to the committee with more information at a later
date.
For informational Purposes Only - Motion Not Required
Adjourned:
The meeting was adjourned at 5:37 p.m.
Next Scheduled Meetina:
Monday, December 15, 2008 at 5:00 p.m.
Katcha Harmaning, on behalf of Cheryl Viseth, '
Public Works Committee Secretary
CONTINUED COMMUNICATIONS
A.
EXECUTIVE SESSION
cd
ACTION AFTER EXECUTIVE SESSION
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