HomeMy WebLinkAbout2849Ordinance No. 2849
(Amending or Repealing Ordinances)
CFN=458 — Subdivision Code
Passed 6/6/1989
Incorporating Administrative Application and Review Procedures for Lot Line
Adjustments and to clarify the definition of accumulative short subdivision
Amended by Ord.
3424 (Sec. 12.04.080)
Amended by Ord.
3511 (Sec. 12.04)
Amended by Ords.
3551;3561
Amended by Ord.
3664 (Sec. 12.04.020)
Amended by Ord.
3830
Amended by Ord.
3906 (Ch. 12.04)
Amended by Ord.
3944 (Sec 12.04.025)
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ORDINANCE NO.
V _
�Jf AN ORDINANCE of the City of Kent,
Washington, amending Kent City Code Chapter
A., 01 12.04 (City of Kent Subdivision Code)
n (Ordinance 1840), to incorporate administrative
application and review procedures for lot line
adjustments and to clarify the definition of
accumulative short subdivision, by amending
Sections 12.04.020; 12.04.030; amending
12.04.040 to add new definitions and to
renumber 12.04.059 through 12.04.079; amending
12.04.080 by deleting portions therein;
amending 12.04.110; 12.04.212; 12.04.222;
i12.04.224; and adding a new Chapter 12.04 .1000.
letplll( 04)
03D x) THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
04,14 1 Section 1. Section 12.04.020 of the Kent City Code is
,✓; 0Lr �� �, amended as follows:
05(� The purpose of this code is to provide rules,
regulations, requirements, and standards for subdividing land in
the City of Kent, and for administrative procedures for
adjustments of lot lines in the City of Kent, insuring that the
highest feasible quality in subdivision will be attained; that the
313 public health, safety, general welfare, and aesthetics of the City
® of Kent shall be promoted and protected; that orderly growth,
development, and the conservation, protection and proper use of
land shall be insured; that proper provisions for all public
facilities (including circulation, utilities, and services) shall
be made; that maximum advantage of site characteristics shall be
taken into consideration; that conformance with provisions set
forth in the City of Kent Zoning Code and Kent Comprehensive Plan
shall be insured.
Section 2. Section 12.04.030 of the Kent City Code has
been amended as follows:
t
SCOPE•
This code 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 code imposes greater restrictions or higher
standards upon the development of land than other laws, ordinances
or restrictive covenants, the provisions of this code shall
prevail.
Section 3. Section 12.04.040 of the Kent City Code is
amended as follows:
SECTION 12.04.040. DEFINITIONS
12.04.041 Alley. A public thoroughfare or way having a
width of not more than thirty (30) feet which
affords only a secondary means of access to
abutting property.
12.04.042 Block. A group of lots, tracts, or parcels
within well defined and fixed boundaries.
12.04.043 City Council. The City Council of the City
of Kent, Washington.
12.04.044 Common Open Space. A parcel or parcels of
land or an area of water or a combination of
land and water within the site desian_ated for
a subdivision and designed and intended 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.
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12.04.045 Comprehensive Plan. The plans, maps and
reports which comprise the official
development plan as adopted by the City
Council in accordance with RCW 35.63 or RCW
35A.
12.04.046 County Auditor. As defined in Chapter 36.22
RCW or the office of the person assigned such
duties under the King County charter.
12.04.047 Cul -de -Sac. A short street having one end
open to traffic and being terminated at the
other end by a vehicular turn -around.
12.04.048 Dedication. A deliberate appropriation of
land by its owner for any general and public
uses, reserving to himself no other rights
than such as are compatible with the full
exercise and enjoyment of the public uses to
which the property has been devoted. The
intention to dedicate shall be evidenced by
the owner by the presentment for filing of a
final plat or a 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 of Kent.
12.04.049 Division of Land. The subdivision of any
parcel of land into two (2) or more parcels.
12.04.050 Final Approval. The final drawing of the
subdivision and dedication prepared for
filing for record with the County Auditor and
containing all elements and requirements set
forth in this code.
12.04.051 Final Plat. The final drawing of the
subdivision and dedication prepared for
filing for record with the County Auditor and
containing all elements and requirements set
forth in this code.
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12.04.052 Hearing Examiner (Land Use). A person
appointed by the City Administrator to
conduct public hearings on applications
outlined in the City ordinance creating the
Hearing Examiner, and who prepares a record,
findings of fact and conclusions on such
applications.
12.04.053 Hillside Subdivision. A subdivision in which
any lot in the subdivision has average slopes
greater than fifteen (15) percent and in
which any street in the subdivision has
grades greater than seven (7) percent at any
point.
12.04.054 Home Owners Association. An incorporated
nonprofit organization operating under
recorded land agreements though which, a)
each lot owner is automatically a member, b)
each lot is automatically surject to a
proportionate share of the expenses for the
organization's activities, such as
maintaining common property, and c) a charge
if unpaid becomes a lien against the property.
12.04.055 Lot. 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.
12.04.056 Lot, Corner. A lot abutting upon two (2) or
more streets at their intersection, or upon
two (2) parts of the same street, such
streets or parts of the same street forming
an interior angle of less than one hundred
thirty-five (135) degrees within the lot
lines.
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12.04.057 Lot, Frontage. The front of a lot shall be
that portion nearest the street except on a
corner lot in which case the front yard shall
be considered the narrowest part of the lot
that fronts on a street (except in industrial
and commercial zones in which case the user
of a corner lot has the option of determining
which part of the lot fronting on a street
shall become the lot frontage).
12.04.058 Lot Lines. The property lines bounding the
lot.
12.04.059 Lot Line Adjustment. A lot line adjustment
is the adjusting of common property line(s)
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.
12.04.060 Lot Measurements
(a) Depth of a lot shall be considered to be
the distance between the foremost points
of the side lot lines in front and the
rear -most points of the side lot lines in
the rear.
(b) Width of a lot 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
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(where they intersect with the street
line) shall not be less than eighty (80)
percept of the required lot width except
in the case of lots on the turning circle
of cul-de-sacs, where eighty (80) percept
requirements shall not apply.
12.04.061 Lot of Record. A lot which is part of a
subdivision recorded in the office of the
County Assessor, or a lot or parcel described
by metes and bounds, the description of which
has been so recorded.
12.04.062 Lot Splits. The division of land into four
(4) or less lots, tracts, parcels, sites, or
divisions for the purpose of sale or lease.
12.04.063 Lot, Through. A lot that has both ends
fronting on a street. Both ends will be
considered front.
12.04.064 Meander Line. A line along a body of water
intended to be used solely as a reference for
surveying.
12.04.065 Official Plans. Those maps, development
plans, or portions thereof, adopted by the
City Council of the City of Kent as provided
in Chapter 44, Section 6, Laws of 1935, as
amended. Such plans or maps shall be deemed
to be conclusive with respect to the location
and width of streets, public parks, and
playgrounds and drainage rights-of-way as may
be shown thereon.
12.04.066 Performance Bond or Guarantee. That security
which may be accepted in lieu of a
requirement that certain improvements he made
before the City Council approves the Final
Plat, including performance bonds, escrow
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agreements, and other similar collateral or
surety agreements.
12.04.067 Piggyback or Accumulative Short Subdivision.
Multiple short subdivision of contiguous land
under common ownership. Ownership for
purposes of this section shall mean ownership
as established at the application submittal
date of the initial short subdivision
approval.
12.04.068 Planning Commission. That body as defined in
Ordinance 1674, City of Kent.
12.04.069 Plat. A map or representation of a
subdivision, showing thereon the division of
a tract or parcel of land into lots, blocks,
streets, and alleys or other divisions and
dedications.
12.04.070 Preliminary Approval. The official favorable
action taken on the Preliminary Plat of a
proposed subdivision, metes -and -bounds
description, or dedication, by the City
Council following a duly advertised public
hearing.
12.04.071 Preliminary Plat. A neat and precise drawing
of a proposed subdivision showing the general
layout of streets and alleys, lots, blocks,
and other elements of a plat or subdivision
which shall furnish a basis for the approval
or disapproval of the general layout of a
subdivision.
12.04.072 Roadway. That portion of a street intended
for the accommodation of vehicular traffic,
generally within curb lines.
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12.04.073 Short Plat. The map or representation of a
short subdivision.
12.04.074 Short Subdivision. 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.
12.04.075 Short Subdivision Committee. The Short
Subdivision Committee shall consist of one
(1) Planning Commissioner; the Parks and
Recreation Director; the Planning Director,
who shall be chairman; the Public Works
Director, who may designate the City Engineer
to sit in his absence with full voting power;
and the Fire Chief, who may designate the
Chief of the Fire Prevention Bureau to sit in
his absence with full voting power.
12.04.076 Subdivision. The division or redivision of
land into ten (10) or more lots, tracts,
parcels, sites or divisions for the purpose
of sale or lease, or transfer of ownership;
provided that subdivisions of less than ten
(10) parcels may be defined as lot splits or
short subdivisions.
12.04.077 Subdivision, Phased. A subdivision which is
developed in increments over a period of
time. Preliminary plat approval must be
granted for the entire subdivision and must
delineate the separate divisions which are to
be developed in increments. The preliminary
plat approval shall be conditioned upon
completion of the proposed phases in a
particular sequence and may specify a
completion date for each phase. Final plat
approval shall be granted for each separate
phase of the preliminary plat and any changes
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12.04.078
I 7 0 A 11 '7 Q
Section 4.
amended as follows:
at the preliminary plat stage would recuire
Council approval.
Tentative Plat. A map drawn in accordance
with the same requirements as the preliminary
plat map, but submitted prior to preliminary
plat submittal.
Tract. A parcel of land proposed for
subdivision or subdividing.
Section 12.04.080 of the Kent City Code is
This code is in conformance with Chapter 58.17 of the
Revised Code of the State of Washington regulating platting,
subdivision, adjusting lot lines, and the dedication of land; and
further provides for administrative procedures for the adjustment
of lot lines.
Section 5. Section 12.04.110 of the Kent City Code is
amended to delete subsection "C" as follows:
purpose.
Exceptions:
The provisions of this code do not apply to:
A) Cemeteries and burial plots while used for that
B) Divisions made by testamentary provisions, or the
laws of descent.
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D) Division of land due to condemnation or sale under
threat thereof, by an agency or division of
government vested with the power of condemnation.
Section 6. Section 12.04.212 of the Kent Code is amended
as follows:
Section 12.04.212. Application for Subdivision - General
Overview of Procedures
A) Short Subdivision. The general procedures for
processing applications for a short subdivision are
as follows: The application is filed with the
Planning Department; reviewed by the Short
Subdivision Committee; said Committee may approve,
modify, or deny the short subdivision; appeal of the
decision of the Short Subdivision Committee shall be
to the City Council.
B) Subdivision. The general procedures for processing
an application for a subdivision consists of four
(4) separate steps as follows: (1) Preparation and
submission to the Planning Department of a Tentative
Map of the proposed subdivision; (2) Submission of a
Preliminary Plat of the proposed subdivision to the
Hearing Examiner and City Council for public
hearing; (3) Installation or bonding of
improvements according to the approved Preliminary
Plat; (4) Submission of the Final Plat to the City
Council for approval. The approved Final Plat is
recorded in the office of the King County Department
of Records and Elections.
C) Lot Line Adjustment. The general administrative
procedures for processing applications for a lot
line adjustment are as follows:
1) The completed application is filed with the
Planning Department;
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2) The application is reviewed by the Planning
Department staff;
3) The adjustment is either approved, modified, or
denied by the Director an/or designee;
4) The approved lot line adjustment is recorded by
the applicant at King County Department of
Assessments.
Section 7. Section 12.04.222 of the Kent City Code is
amended as follows:
Section 12.04.222. Principles of Acceptability
1) Create legal building sites which comply with
all provisions of the City of Kent Zoning Code
and health
regulations.
Section 8. Section 12.04.224 of the Kent City Code is
amended as follows:
Section 12.04.224. Preliminary Map Review
In any short subdivision of property in excess of four (4)
lots, the applicant must submit a map for preliminary staff review
prior to submittal of the application. The staff shall review this
map within
ten (10) days eee-f}}-week and inform applicant of any
obvious concerns and recommendations for revisions. This
shall not preclude the staff from making further
recommendations at the application stage.
Section 9. A new Section 12.04.1000 is added to the Kent
Code as follows:
SECTION 12.04.1000. DETAILED ADMINISTRATIVE PROCEDURES
FOR LOT LINE ADJUSTMENTS.
Section 12.04.1001, Purpose
The purpose of a lot line adjustment is to accommodate a
minor transfer of land between adjacent legally created
lots, to rectify a disputed property line location or to
clarify exempt parcel status (per RCN, 58.17.040(6)._
Section 12.04.1002. Principles of Acceptability
Lot line adjustments shall be consistent with the
following principles of acceptability:
1. Adjust lot lines including the elimination of a
common lot line in order to correct property line or
setback encroachments:
2. Create better lot design, or improve access;
3. Conform to applicable zoning, subdivision and other
code requirements pertaining to lot design, building
location, and development standards;
4. Avoid creation of an additional lot parcel and tract;
5. Lots created or combined for tax purposes do rot
constitute a legal lot of record.
Section 12.04.1003. Application Requirements
1. Lot line adjustment applications shall be submitted
on forms supplied by the Planning Department and
shall include the following:
A. Four (4) copies of a legible map, drawn to
scale on a minimum 8 1/2" x 11" sheet of paper
showing when applicable:
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i. Existing lot lines
ii. Proposed new lot lines and distance it has
been moved
iii. Adjacent streets
iv. Type, location and dimensions of existing
and/or proposed easements
V. Existing structures and distance to
property lines
vi. Total square footage of revised lots
vii. Ground floor square footage of all
structures
viii. Location of on-site parking, landscaping
and other significant site features
affected by the change
ix. Indicate north
X. Identify parcels as Lot A, Lot B, etc.
B. The signature of all property owners having
interest in the lot line adjustment, indicating
approval of the proposal;
C. A title report documenting the ownership and
title of all interested parties of the property
and listing all encumbrances;
D. A copy of the existing legal description for
both parcels;
E. A metes and bounds description of the proposed
new lots if other than a platted lot.
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Section 12.04.1004. Administrative Review
1. The Planning Department will review and approve
this proposed lot line adjustment within ten
(10) working days of receiving a completed
application.
2. Action. The Planning Director may approve,
approve with modifications, or deny the
application for a lot line adjustment.
A. Approval. If approved all four (4) lot
line adjustment maps shall be stamped
"approved" and signed and dated by the
Planning Director. The applicant shall be
notified in writing of the decision.
Additional copies of the approval
notification and map shall be distributed
to the King County Assessor's Office and
to the City of Kent Property Management
Department.
B. Approval with Modification(s). If
modification(s) are deemed necessary by
the Planning Director, they may he added
to the original lot line adjustment map or
a revised map may be required. The
applicant will be notified of 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. Denial. If denied, the lot line
adjustment shall be marked "Denied" and
the applicant shall be notified in writing
of the decision, stating the reasons
therefore.
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Section 12.04.1005. Final Recording
A lot line adjustment does not become effective
until it is recorded with the King County Assessor's
Office. It is the responsibility of the applicant
to record.the approved map and new legal
descriptions. A copy of the recorded documents
shall be submitted to the Planning Department by the
applicant.
The recording of a lot line adjustment does not
constitute a transfer of title. Separate deeds to
this effect must be recorded with the Assessor's
Office and are not subject to these provisions.
Section 10. Any act consistent with the authority and
prior to the effective date of this ordinance is hereby ratified
and confirmed.
Section 11. If any section, subsection, paragraph,
sentence, clause or phrase of this ordinance is declared
unconstitutional or invalid for any reason, such decision shall
not affect the validity of the remaining portions of this
ordinance.
Section 12. Effective Date. This ordinance shall takE
effect and be in force five (5) days from and after its passage,
approval and publication as provided by law.
ATTEST:
c
MARIE JENS CITY CLERK
D N�-
KELLEHER, MAYOR
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APPROVED AS TO FORM:
SANVRA DRISCOLL, CITY ATTORNEY
PASSED the day of
APPROVED the n day of
PUBLISHED the y day of
1989.
1989.
1989.
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.
6350-240
if (SEAL)
MAR7E JENSE CITY ERK
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