HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 11/28/2011 (9) ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred N. Satterstrom, AICP, Planning Director
Charlene Anderson, AICP, Manager
NT�
Phone: 253-856-5454 KE
WASHINGTON Fax: 253-856-6454
220 Fourth Avenue S, Kent, WA
98032-5895
AGENDA
LAND USE & PLANNING BOARD
PUBLIC HEARING
NOVEMBER 28, 2011
7:00 P.M.
LUPB MEMBERS: Dana Ralph, Chair; Jack Ottini, Vice Chair; Steve Dowell,
Navdeep Gill, Barbara Phillips and Jim Sturgul
CITY STAFF: Charlene Anderson, AICP, Planning Manager; Katie Graves, Planner;
Assistant City Attorney David Galazin
This is to notify you that the Land Use and Planning Board will hold a Public Hearing
on MONDAY, NOVEMBER 28, 2011 in Kent City Hall, City Council Chambers East
and West, 220 41h Avenue South, Kent, WA at 7:00 P.M. The public is invited to
attend and all interested persons will have an opportunity to speak. Any person
wishing to submit oral or written comments on the proposed amendment may do so
prior to or at the meeting.
The agenda will include the following item(s):
1 Call to order
2 Roll call
3 Approval of the August 22, 2011 Minutes
4 Added Items to Agenda
5 Communications
6 Notice of Upcoming Meetings
7 PUBLIC HEARING:
1. ZCA-2011-3 Kent City Code Amendments 12.04 (Katie Graves)
Consideration of proposed amendments to Chapter 12.04 of Kent City
Code that regulates the administration of Subdivisions, Binding Site
Plans, and Lot Line Adjustments.
For further information or to obtain copies of the staff report or Agenda for the
proposed amendment contact the Planning Division office at (253) 856-5454. You may
submit comments by emailing Planner Katie Graves at: kgraves0ci.kent.wa.us. and you
may access the City's website for documents pertaining to the Land Use and Planning
Board at: http://kentwa.igm2.com/citltens/Defau/t.aspx?DepartmentID=1004.
Any person requiring a disability accommodation should contact the City Clerk's
Office at 253-856-5725 in advance. For TDD relay service call 1-800-833-6388 or call
the City of Kent Planning Services directly at (253) 856-5499 (TDD).
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KENT
LAND USE & PLANNING BOARD
MINUTES
AUGUST 22, 2011
Land Use & Planning Board Members Chair Dana Ralph, Vice Chair Jack Ottini,
Steve Dowell-Absent/Excused, Navdeep Gill, Barbara Phillips and Jim Sturgul.
Chair Ralph called the meeting to order at 7:00 p.m.
City Staff Charlene Anderson, David Galazin
3. Approval of Minutes
Board member Ottini Moved and Board member Phillips Seconded a Motion
to approve the March 28, 2011 Minutes. Motion PASSED 5-0.
4. Added Items-- None
S. Communications - None
6. Notice of Upcoming Meetings - None
7. ZCA-2011-1(A) Code Amendments
Planning Manager Charlene Anderson stated that this is the first group of code
amendments. These amendments tonight are simple, minor, housekeeping
amendments to KCC Section 15. The intent of these amendments is to clarify
sections of the code and codify minor interpretations.
Anderson submitted a revised amendment to KCC 15.04.170 that clarifies when to
apply 5-foot versus 8-foot side-yard setbacks.
Chair Ralph declared the Public Hearing Open.
Seeing no speakers, Ottini MOVED and Phillips SECONDED a Motion to close
the Public Hearing. Motion PASSED 5-0.
Chair Ralph declared the Public Hearing Closed.
Without further discussion, Board member Phillips MOVED and Board member
Ottini SECONDED a Motion to approve ZCA-2011-1(A) Code Amendments as
recommended by staff. Motion PASSED 5-0.
Adiournment
Chair Ralph Adjourned the Meeting at 7:07 p.m.
Charlene Anderson, AICP, Planning Manager
Board Secretary
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ECONOMIC & COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
Fred Satterstrom, AICP, Director
• Charlene Anderson, AICP, Manager
K E N T
was o Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
November 18, 2011
TO: Chair Dana Ralph and Land Use & Planning Board Members
FROM: Katie Graves, Planner
RE: 12.04 Code Amendments [ZCA-2011-3]
Staff Report for the November 28, 2011 LUPB Hearing
MOTION: Recommend to the City Council approval of amendments to
Kent City Code as recommended by staff/as modified.
SUMMARY: Local planning legislation arises from many sources — Federal, State or
regional mandates; changes to local community vision; complaints; need for
clarity; updated technologies, business operations or strategies that make existing
codes outdated; conflicts with updated codes in other City departments; and many
others. Planning Services is submitting for Board consideration another group of
draft amendments; in this case those related to the administration of Subdivisions,
Binding Site Plans, and Lot Line Adjustments (Kent City Code 12.04). Clarifying
procedures, removing ambiguity in the code, updating the code for consistency with
state laws and regulations, and streamlining permit review processes eliminate
barriers in the permit process and provide consistency for applicants and city
departments. Staff presented the items to the Board at a workshop on November
14, 2011.
BACKGROUND: The full list of potential code amendments presented to the Board
on July 11, 2011 contained items from Chapter 12.04 of Kent City Code that
regulates the administration of Subdivisions, Binding Site Plans, and Lot Line
Adjustments. This code amendment encompasses those potential amendments,
but does not propose changes to binding site plans or calculation of lot size as
initially included on July 11, 2011. General review of the binding site plan
regulations is more appropriate under a separate amendment, and staff determined
that lot size averaging is not necessary because of existing flexibility already
allowed by code. The proposed changes are primarily related to a broader permit
review process, clarifications, and consistencies. These items were discussed in
depth at the November 14, 2011 Board workshop and are described this memo.
The proposed code amendments are outlined in Attachment A. Staff will be
available at the public hearing to answer questions.
The SEPA Responsible Official has determined that the proposed amendments are
procedural in nature and thus categorically exempt from further SEPA review under
WAC 197-11-800(19) and 11.03.200 Kent City Code.
RECOMMENDATION: Staff recommends approval of the amendments and
recommends approval of Option B for the amendment to 12.04.221 Subdivision
preliminary plat expiration.
Proposed Kent City Code 12.04 Amendments -
12,04,117 Pre-application review; The purpose of this amendment is to clarify
that pre-application conferences for subdivisions and short subdivisions are
encouraged, but not required. It also eliminates the application process for a
tentative subdivision or tentative short subdivision permit. In practice, the city
does not provide a tentative application process separate from the pre-application
conference.
12.04.210 Filing the final plat; The following is proposed to be added to the list
of items required with the submittal of a final plat/short plat application: "Approved
printed computer plot closure on all lots, streets, alleys, and boundaries." This item
is already required for submittal and is noted on the application checklist, but was
inadvertently deleted from code in a previous code amendment.
12.04.221 Subdivision preliminary plat expiration; The purpose of this
proposed code amendment is to be consistent with state regulations for the
expiration of a preliminary plat approval. On a temporary basis, the State currently
allows 7 years for a subdivision to record after preliminary approval. Subdivision
applications submitted after December 31, 2014 will return to the previous state
regulations and lapse 5 years from the date of preliminary approval. Staff is
proposing two options for this amendment: Option A is to include the detailed
language for the 7 year approval timeline and the December 31, 2014 change in
regulations. Option B is to remove this language and adopt the expiration
regulations by reference to RCW 58.17.140. Both amendments change the process
for requesting extensions. Staff recommends approval of Option B to help simplify
code and avoid future city code amendments if the state code changes.
12.04.227 Procedure for alteration of a subdivision or short subdivision;
The purpose of this amendment is to clarify what constitutes a major or minor
alteration of an approved preliminary plat or short plat. It also includes language
that requires major alterations to be treated as new applications for purposes of
vesting. At the Land Use and Planning Board workshop on November 14, there was
discussion of defining what constitutes a "substantial change." After researching
other cities' codes on this topic, staff determined that the proposed language is
consistent with other codes. It allows appropriate flexibility for each permit's
unique circumstances, yet provides guidance through a list of examples.
12.04.263 Clustering in urban separators; The proposed amendment to this
section allows developments subject to clustering in the SR-1 zone to use the SR-8
development standards, with the exception of lot size, lot width, density, and other
clustering requirements outlined in this section. The development standards for the
SR-1 zone conflict with the purpose and intent of cluster developments where small
lots are encouraged in order to provide additional protection and buffering of
sensitive areas.
KG/pm S'.APenn FPlarPZONING_CJDE_PMEN DMENTS\2011\ZC-20113 KCC Amendment,12.04\112811r m�12.04CoderJpde@SMfBipt doc
Att: Amendments to KCC 12.04
cc: Fred Satterstrom,AICP,CD Director
Charlene Anderson,AICP,Planning Manager
Project File
Attachment A. Kent City Code 12.04 Proposed Amendments
12.04.117 Pre-application review.
A. Applications fOF a tentative subdivision OF tentative shOFt subdivi
application n9eeting and Feview shall be filed with planning seFViees. Pursuant to
KCC 12.01.080, a pre-application n9eeting-conference is Fequired encouraged for aH
subdivisions, ail Type I and Type II short subdivisions, and enly fOF Type T shOFt
subdivisions •°•" that require SEPA review. The scale and information required
for a pre-application n9eefing conference and the number of copies to be filed shall
be in accordance with the requirements of the planning n9an ge-F application
checklist.
B. Planning seFViees shall tFansn9it cepies of the tentative plat to the fiFe, public
WOF'Es, and paFlEs depaFtngents, Public utility agencies seFYing the aFea, and to any
G. A n9eeting on the tentative plat shall be he'd that is attended by planning
se. V ies_, __..s. City _sr_. _nest_ _.._._ . sss.. s series of the tentative plat,. and the
tentative plat should be discussed at such n9eeting. These Fecengngendatmens and
petential conditions of appFOYal of the application shall be FeCOFded on WFiting and
D. The Fecengn9endatiens of the eity depaFtngents shall be based on whetheF the
tentative plat
subdivision will be i
S. Not detFingental to the natUFal enviFenngent OF its SUFFOundings.
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12.04.210 Filing the final 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.
B. The final plat or final short plat submitted for filing shall comply with the
conditions of preliminary approval and Chapter 58.09 RCW, Chapter 332-130 WAC,
and Chapter 58.17 RCW. The original drawing shall be in black ink on mylar or
photographic mylar.
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:
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 made with free consent and in
accordance with their desires, and if the subdivision or short subdivision is subject
to deeding of property, the notarized certificate shall be signed by all parties having
any ownership interest in the lands subdivided. For purposes of this section,
ownership interest shall include legal and equitable property interests, including,
but not limited to, present, future, contingent, or whole fee interests, together with
a beneficiary's interest pursuant to a trust and contract interest pursuant to a
specifically enforceable contract for the purchase of the real property;
3. Certification by the responsible health agencies that the methods of sewage
disposal and water service are acceptable;
4. Certification by the 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,
Page 2 of 9
short subdivision, or dedication and that lists all liens and encumbrances. The legal
description in the title report shall be identical to the 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 chairman;
6. Any person signing for a corporation must provide documentation that shows
they have the authority to execute on behalf of the said corporation;
7. Copies of any restrictive covenants as may be used in the subdivision or short
subdivision;
8. Certification of approval to be signed by the King County assessor;
9. Certification of approval to be signed by the King County recorder;
10. Certificate of approval by the chairman of the short subdivision committee;
11. Copies of any bylaws for a homeowners' association, if created.
12. Approved printed computer plot closure on all lots, streets, alleys, and
boundaries.
Page 3 of 9
12.04.221 Subdivision preliminary plat expiration.
OPTION A:
A. Subdivision preliminary plat approval shall lapse five (5) seven ( 7) 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) seven ( 7) years
from the date of subdivision preliminary plat approval. Preliminary subdivision
applications submitted after December 31, 2014, shall lapse five (5) years from the
date of approval unless the final plat is submitted to the city council for approval
within the five (5) years from the date of subdivision preliminary_plat approval.
Upon receipt of a written request by the applicant, one (1) extension of one (1)
year shr" may be granted to who files a WFitten Fecluest with planning
peFied if the applicant can show that he/she has attempted in good faith to obtain
approval of the final plat within the five (5) seven ( 7) year period, or for those
applications submitted after December 31, 2014 within the five (5) year period.
B. Additional time extensions beyond the one (1) year period may be granted by
the planning der director if the applicant can show unusual circumstances or
situations which make it impossible to record the final plat within the sip (6) eight
(8) year period (or for those applications submitted after December 31, 2014 within
the six (6) year period). The applicant must file a written request with planning
services for this additional time extension. The request Est should be filed at least
thiFt • "^` calendaF 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 plat will constitute an automatic one (1) year
extension for the filing of the final plat for the next phase of the subdivision.
OPTION B:
A. Subdivision preliminary plat approval shall lapse as provided in RCW 58.17.140
five (5) yeaFS fFOn9 the date of appFOval 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 the time
period allowed by RCW 58.17.140 five (5) yeaFS fFOn9 the date of subdivision
Upon receipt of a written request by the applicant. one
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(1) extension of one (1) year shall may be granted to an applican who files
WFitten Fecluest with planning seFviees at 'east thiFty (M) ealendaF days befeFe the
e)EPiFatien of the five (5) yeaF peFied, if the applicant can show that he/she has
attempted in good faith to obtain approval of the final plat within the five (5) year
peFied time period provided in RCW 58.17.140.
B. Additional time extensions beyond the one (1) year period may be granted by
the planning der director if the applicant can show unusual circumstances or
situations which make it impossible to record the final plat within the sip (6) limited
extended time period. The applicant must file a written request with planning
services for this additional time extension. The request n9ust should be filed at least
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 plat will constitute an automatic one (1) year
extension for the filing of the final plat for the next phase of the subdivision.
Page 5 of 9
12.04.227 Procedure for alteration of a subdivision or short subdivision.
A. 1f-aAn applicant wishes requestinq to alter a subdivision or short subdivision or
any portion thereof, except as provided in KCC 12.04.230, that peFSvn shall submit
to the Permit Center an a plat alteration application to planning seFVieeS Fecluesting
the akeFatmen. The application shall include submittal requirements as described in
the application form, applicable fees, as well as 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 to be altered.
B. The planning der director shall have the authority to determine whether the
proposed alteration constitutes a minor or major alteration. Major alterations are
those which that are not in response to staff review or public appeal and
substantially change the basic design, increase the number of lots, densft,
substantially decrease open space, substantially change conditions of subdivision or
short subdivision approval, or other similar requirements or provisions. Minor
alterations are those that make minor changes to engineering design or lot
dimensions, decrease the number of lots to be created, or increase open space, or
other similar minor changes. Maior alterations shall be treated as new applications
for purposes of vesting.
C. If the subdivision or short subdivision is subject to restrictive covenants which
were filed at the time of the approval, 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 any portion thereof.
D. 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
der director 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. Planning services shall provide notice of the application for a major
plat or short plat 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 subdivision application. The planning der director shall have the
authority to determine whether the proposed alteration constitutes a minor or
major alteration pursuant to subsection (B) of this section.
E. If the alteration is requested after final plat or final short plat review and
signature, but prior to filing the final plat or final short plat with King County, a plat
or short plat alteration may be approved with consent of the short subdivision
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committee for short subdivisions or the city council for subdivisions. Upon receipt of
an application for alteration, planning 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 original application. The notice shall establish a
date for a public meeting or hearing.
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 der director determines that the proposed
alteration is a major alteration, pursuant to subsection (B) of this section, then the
planning der director may require replatting pursuant to this chapter. Upon
receipt of an application for alteration, planning 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.
G. The city shall determine the public use and interest in the proposed alteration
and may deny or approve the application for alteration. If any land within the
alteration is part of an assessment district, any outstanding assessments shall be
equitably divided and 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.
H. After approval of the alteration, the city shall order the applicant to produce a
revised drawing of the approved alteration of the subdivision or short subdivision,
which after signature the final plat or final short plat shall be filed with King County
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 shore lands.
Page 7 of 9
12.04.263 Clustering in urban separators.
A. All 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. Except as described in subsection C of this section, cluster subdivisions and short
subdivisions shall be subject to the SR-8 zoning district 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 exempted. In addition, the
following standards shall apply to clustered subdivisions 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 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. 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, and density shall be the same as are required within the SR—1 SR-8
zoning district.
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
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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 (significant stands of
trees and rock outcropping), as well as 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 clustered development and adjacent open
spaces; degrades wildlife habitat; and impairs the recreational benefits enjoyed by
the residents of the development. Such common open spaces shall be conveyed to
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.
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