HomeMy WebLinkAbout3551Ordinance No. 3551
(Amending or Repealing Ordinances)
CFN=377 - Comprehensive plan
CFN=1229 - Urban Separators
Passed 3/20/2001
Urban Separators
(Secs. 12.04.025; 12.04.263; 12.05.578; 12.04.778; 15.02.073; 15.02.531;
15.02.531; 15.02.532; 15.04.170; 15.04.180)
Amends Ords. 1840;2832;2849;3222;3439;3470;3508;3511;
3521;3523;3561
Amended by Ord. 3600;3612;3663;3664;3690;3742;3761;3770;
3792;3830;3906;3944
Amended by Ord. 4003 (Sec. 15.04.170)
Amended by Ord. 4035 (Sec. 12.04.263)
ORDINANCE NO.
AN ORDINANCE of the City Council of the City of
Kent, Washington: (1) amending the City of Kent
Comprehensive Plan by adding a new goal and new policies
to the Land Use Element of the Comprehensive Plan relating
to urban separators; (2) amending the Comprehensive Plan's
land use map by establishing urban separator designations;
(3) amending the zoning map by establishing zoning
designations for urban separators; (4) amending the
subdivision code set forth in Title 12 of the Kent City Code
relating to clustering of development in urban separators; (5)
amending the zoning code set forth in Title 15 of the Kent
City Code relating to zoning of land in urban separators; and
(6) terminating the moratorium on the acceptance of
applications for land use permits or approvals for property
located in urban separators.
WHEREAS, on February 15, 2000, two (2) of the annual comprehensive
plan amendment applications for 1999 were tabled by the Kent City Council and sent to
the Planning Committee for discussion and determination of the City's policy on urban
separators; and
WHEREAS, the issue of urban separators was discussed during the
Planning Committee meetings of March 6, 2000, April 3, 2000, May 1, 2000, and June 5,
2000; and
1 Urban Separators
WHEREAS, on May 1, 2000, the Planning Committee voted to forward a
recommendation to the full City Council to recognize the urban separator framework
policy but to allow for local flexibility in identifying lands which would fulfill the
objectives of the Countywide Planning Policy LU -27; and
WHEREAS, the City Council held meetings on June 6, 2000, and July 5,
2000, to discuss this issue and on July 5, 2000, voted to forward certain principles and
guidelines to the Land Use and Planning Board for consideration and inclusion in the
comprehensive plan and zoning code as appropriate; and
WHEREAS, the Washington State Growth Management Act and Chapter
12.02 of the Kent City Code authorize the City of Kent to amend its Comprehensive Plan
only once per calendar year except in the case of an emergency; and
WHEREAS, under Section 12.02.035 of the Kent City Code an emergency
is defined as an issue of community -wide significance that promotes the public health,
safety and general welfare; and
WHEREAS, on July 18, 2000, the City Council of the City of Kent passed
Resolution No. 1574 which declared an emergency pursuant to Chapter 12.02 KCC and
authorized an amendment to the City of Kent Comprehensive Plan relating to urban
separators; and
WHEREAS, on September 14, 2000, notification of the proposed change
was sent to the State of Washington Department of Community Trade and Economic
Development, with copies to other state agencies pursuant to RCW 3 6.70A. 106(3), and
the required 60 -day notification period has expired; and
2 Urban Separators
WHEREAS, on September 25, 2000, October 16, 2000, and October 23,
2000, the Land Use and Planning Board held public hearings on proposed comprehensive
plan, subdivision code, zoning code, and zoning map amendments relating to urban
separators; and
WHEREAS, on December 12, 2000, the Land Use and Planning Boards'
recommendations were referred to the City Council who in turn referred the Land Use and
Planning Board's recommendations to the Planning Committee; and
WHEREAS, on January 8, 2001, the Planning Committee considered the
Land Use and Planning Board's recommendations, made minor changes to the same, and
has forwarded its recommendations to the full Council for its consideration; and
WHEREAS, on February 27, 2001, the Council Planning Committee
reconsidered its earlier recommendation to the full Council and voted to accept the Land
Use and Planning Board's recommendation with minor changes; and
WHEREAS, on February 27, 2001, the Planning Committee voted to
forward the Land Use and Planning Board's recommendations, as amended, onto the full
City Council; and
WHEREAS, the full City Council, after considering the Land Use and
Planning Board's recommendations, the recommendations of the Planning Committee, the
testimony and information presented, and having considered all relevant material, finds that
urban separators are 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 areas or corridors within and between urban areas which
provide environmental, visual, recreational, or wildlife benefits; and
3 Urban Separators
WHEREAS, the City Council also finds that cluster development in urban
separator areas permits greater flexibility in design and discourages development sprawl;
facilitates the economical and efficient provision of public services; provides a more
efficient use of land in harmony with its natural characteristics; and preserves more usable
open space, agricultural land, tree cover, recreation areas, and scenic vistas; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City of Kent Comprehensive Plan, adopted by
Ordinance No. 3222 and subsequently amended, is hereby amended by: (1) amending the
narrative language to the "Natural Resources Goals and Policies," of the Land Use
Element of the Comprehensive Plan by adding new language to said narrative as set forth
in Exhibit "A" attached hereto and incorporated herein by this reference; and (2) by
adding Goal LU -28 and Policies LU -28.1 through LU -28.8 to the Land Use Element of
the Comprehensive Plan as set forth in Exhibit `B" attached hereto and incorporated
herein by this reference.
SECTION2. The City of Kent Comprehensive Plan adopted by Ordinance
No. 3222 as subsequently amended, is further amended to establish new plan designations
for urban separators as depicted in the map attached hereto as Exhibit "C" and incorporated
herein by this reference.
SECTION 3. The City of Kent zoning map is hereby amended to establish
a new zoning map designation for urban separators of Single -Family Residential (SR -1)
as depicted in the map attached hereto as Exhibit "C."
4 Urban Separators
SECTION 4. Section 12.04.025 of the subdivision code set forth in the
Kent City Code, entitled "Definitions," is hereby amended to read as follows:
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:
Active recreation activities shall mean all outdoor recreational activities which
involve field and court games.
Alley shall mean a public or private way not more than thirty (30) feet wide at the
rear or side of property affording only secondary means of vehicular or pedestrian access
to abutting property.
Block shall mean a group of lots, tracts, or parcels within well-defined and fixed
boundaries.
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.
Common open space shall mean a parcel or parcels of land or an area of water or
a combination of land and water within the site designated for a subdivision or a planned
unit development, and designed and intended primarily for the use or enjoyment of
residents of a subdivision. Common open space may contain such complementary
structures and improvements as are necessary and appropriate for the benefit and
enjoyment of residents of the subdivision.
Community park shall mean a park that serves the entire city of Kent and can be
located throughout the city. Community parks may have facilities or amenities that are not
offered elsewhere in the city, and which can include boating, swimming, fishing, athletic
fields, group picnic shelters, play equipment, hard courts, skateparks, and trails, and will
vary at each park. Access to the park is by car, public transit, foot or bicycle. Off-street
parking is provided.
5 Urban Separators
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 adopter
subarea plans prepared in accordance with Chapter 36.70A RCW.
County auditor shall mean that person as defined in Chapter 36.22 RCW or the
office of the person assigned such duties under the King County Charter.
Cul-de-sac shall mean a short street having one (1) end open to traffic and bein€
terminated at the other end by a vehicular turnaround.
Dedication shall mean a deliberate appropriation of land by its owner for any
general and public uses, reserving to himself no other rights than such as are compatible
with the full exercise and enjoyment of the public uses to which the property has been
devoted. The intention to dedicate shall be evidenced by the owner by the presentment for
filing of a final plat or a final short plat showing the dedication thereof, and the acceptance
by the public shall be evidenced by the approval of such plat for filing by the city.
Division of land shall mean the subdivision of any parcel of land into two (2) or
more parcels.
Final appreval shall mean the final drawing of the subdivision and dedieation
prepared for filing for- reeer- '+t t King County auditeF a eentaining l eleme
a a D iz
aiid
Fequirements set fet4h in this ryiiQF7LGL-
Final plat shall mean the final drawing of the subdivision and dedication prepared
for filing for record with the King County auditor and containing all elements and
requirements set forth in this chapter.
Hearing examiner shall mean the person appointed by the mayor, or his or her
designee, to conduct public hearings on applications outlined in Ch. 2.32 KCC which
creates the hearing examiner, and who prepares a record, findings of fact and conclusions
on such applications.
Hillside subdivision shall mean a subdivision in which any lot in the subdivision)
has average slopes greater than fifteen (15) percent and in which any street in the
subdivision has grades greater than seven (7) percent at any point.
6 Urban Separators
Homeowners association shall mean an incorporated nonprofit organization
operating under recorded land agreements though which:
1. Each lot owner is automatically a member;
2. Each lot is automatically subject to a proportionate share of the
expenses for the organization's activities, such as maintaining common property; and
Code.
3. A charge if unpaid becomes a lien against the property.
Land use and planning board shall mean that body as defined in the Kent City
Lot shall mean a parcel of land of at least sufficient size to meet minimum zoning
requirements for use, coverage and area, and to provide such yards and other open spaces
as are required in this title. Such lot shall have frontage on an improved public street, or
on an approved private street, and may consist of:
record; or
1. A single lot of record;
2. A portion of a lot of record;
3. A combination of complete lots of record and portions of lots of
4. A parcel of land described by metes and bounds;
provided, that in no case of division or combination shall any residual lot or parcel
be created which does not meet the requirements of this title.
Lot, corner shall mean a lot abutting upon two (2) or more streets at their
intersection or upon two (2) parts of the same street, such streets or parts of the same
street forming an interior angle of less than one hundred thirty-five (135) degrees within
the lot lines.
Lot, frontage shall mean the front of a lot which shall be that portion nearest the
street or, if the lot does not abut a street, the portion nearest an ingress/egress easement.
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 user of a corner
lot has the option of determining which part of the lot fronting on a street shall become
the lot frontage.
7 Urban Separators
Lot line adjustment shall mean the adjusting of common property lines or
boundaries between adjacent lots, tracts, or parcels for the purpose of rectifying a disputed
property line location, freeing such a boundary from any differences or discrepancies or
accommodating a minor transfer of land. The resulting adjustment shall not create any
additional lots, tracts, or parcels and all reconfigured lots, tracts, or parcels shall contain
sufficient area and dimension to meet minimum requirements for zoning and building
purposes.
Lot lines shall mean the property lines bounding the lot.
Lot measurements shall mean:
1. The depth of a lot which shall be considered to be the distance
between the foremost points of the side lot lines in front and the 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 line shall
not be less than eighty (80) percent of the required lot width except in the case of lots on
the turning circle of cul-de-sacs, where eighty (80) percent requirements shall not apply.
Lot of record shall mean a lot which is part of a subdivision recorded in the office
of the King County assessor, or a lot or parcel described by metes and bounds, the
description of which has been so recorded.
Lot, through shall mean a lot that has both ends fronting on a street. Either end
may be considered the front.
Meander line shall mean a line along a body of water intended to be used solely
as a reference for surveying.
Neighborhood park shall mean a park that serves a neighborhood (not a
subdivision), defined by arterial streets. These parks are generally located centrally in the
neighborhood so that the park is easily accessible and neighborhood residents do not have
to cross a major arterial to reach the park. Access is primarily by foot or bicycle, so the
park is usually no further than one-half mile from any point in the neighborhood. Parking
8 Urban Separators
spaces are typically not provided, unless on -street parking is not available, accessible or
safe. Neighborhood parks have amenities for casual activities that are not programmed
or organized, or for which a fee is charged. Amenities include play equipment, picnic
tables, hard courts (basketball, tennis), walking trails, and open grassy areas.
Official plans shall mean those maps, development plans, or portions thereof,
adopted by the city council as provided in chapter 44, section 6, Laws of 1935, as
amended. Such plans or maps shall be deemed to be conclusive with respect to the
location and width of streets, public parks, and playgrounds and drainage rights-of-way
as may be shown thereon.
Park open space shall mean those areas that are environmentally sensitive, wildlife
habitat, or wetlands, that remain in a relatively natural state with minimal improvements
for public access, interpretation, study or enjoyment.
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.
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.
Piggyback or accumulative short subdivision shall mean multiple short subdivision
of contiguous land under common ownership. Ownership for purposes of this section shall
mean ownership as established at the application submittal date of the initial short
subdivision approval.
Plat shall mean a map or representation of a subdivision, showing thereon the
division of a tract or parcel of land into lots, blocks, streets and alleys or other divisions
and dedications.
Preliminary approval shall mean the official favorable action taken on the
preliminary plat of a proposed subdivision, metes and bounds description or dedication,
by the hearing examiner following a duly advertised public hearing or on a preliminary
9 Urban Separators
plat of a short subdivision following a duly advertised meeting of the short subdivision
committee.
Preliminary plat shall mean a neat and precise scale drawing of a proposed
subdivision showing the general layout of streets and alleys, lots, blocks and other
elements of a plat or subdivision which shall furnish a basis for the approval or
disapproval of the general layout of a subdivision.
Roadway shall mean that portion of a street intended for the accommodation of
vehicular traffic, generally within curblines.
Short plat shall mean the map or representation of a short subdivision.
Short subdivision shall mean the division or redivision of land into nine (9) or fewer lots,
tracts, parcels, sites, or divisions for the purpose of sale, lease or transfer of ownership.
Tracts identified for or with the potential for future development shall be included within
the number of lots created, but tracts which are not buildable and/or are intended for
public dedication, environmental protection or stormwater detention are not included in
the number of lots created.
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, 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 detention are not included in
the number of lots created.
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
detention are not included in the number of lots created.
Street shall mean a public way thirty (3 0) feet or more in right-of-way width which
affords a primary means of access to property.
10 Urban Separators
Subdivision shall mean the division or redivision of land into ten (10) or more lots,
tracts, parcels, sites or divisions for the purpose of sale or lease or transfer of ownership;
provided, that subdivisions of less than ten (10) parcels may be defined as short
subdivisions. Tracts identified for or with the potential for future development shall be
included within the number of lots created, but tracts which are not buildable and/or are
intended for public dedication, environmental protection or stormwater detention are not
included in the number of lots created.
Subdivision, phased shall mean a subdivision, which is developed in increments
over a period of time.
Tentative plat shall mean a map drawn in accordance with the same requirements
as the preliminary plat map, but submitted prior to preliminary plat submittal.
Tract shall mean a parcel of land proposed for subdivision or subdividing.
Trail system shall mean those pathways that connect points of interest, parks,
community facilities, streets, residences, etc. in the community, which are generally not
confined within the limits of one park. Trails are intended to be used by bicycles,
rollerskaters, and pedestrians; they are not intended to be used by motorized vehicles.
Urban separators shall mean low-density lands that define community or
municipal identities and boundaries protect adjacent resource lands rural areas and
environmentallv sensitive areas and create open space corridors within and between urban
areas which provide environmental visual recreational and wildlife benefits
SECTION S. A new section, Section 12.04.263, is hereby added to the
subdivision code set forth in the Kent City Code to read as follows:
See. 12.04.263. Clustering.
A. All Type I 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.
11 Urban Separators
B. Cluster subdivisions shall be subject to the development standards outlined in Title
15 of the Kent City Code. These standards include minimum lot size, width, yards,
setbacks, parking, landscaping, signage, etc.
C. The provisions of KCC 12.04.235 through 12.04.255, as well as other applicable
portions of Ch. 12.04 KCC, shall apply unless specifically excepted. In addition, the
following standards shall apply to clustered Type I 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: 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 is 2,500 square feet. New lots created by any subdivision action shall
be clustered in groups not exceeding 8 units. There may be more than one cluster per
project. Separation between cluster groups shall be a minimum of 120 feet.
6. Lot width: The minimum lot width for individual building lots in a cluster
subdivision shall be 30 feet.
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.
8. Common open space The common open space in a cluster subdivision shall I
be a minimum of 50% of the non -constrained area of the parcel. The non -constrained 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
12 Urban Separators
non -constrained 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. All
natural features (such as streams and their buffers, significant strands of trees and rock
outcropping), as well as sensitive areas (such as 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 may be retained under ownership by the owner or subdivider, 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 or to another
party upon approval of the City of Kent.
SECTION 6. A new section, section 12.05.578, is hereby added to the
subdivision code set forth in the Kent City Code to read as follows:
Sec. 12.05.578. Clustering.
A. All Type H short subdivisions in the SR -1 zoning district shall be required to be
clustered pursuant to this section when the property is located within or contains an urban
separator as designated on the City of Kent Comprehensive Land Use Plan Map.
13 Urban Separators
B. Cluster subdivisions shall be subject to the development standards outlined in Title
15 of the Kent City Code. These standards include minimum lot size, width, yards,
setbacks, parking, landscaping, signage, etc.
C. The provisions of KCC 12.04.545 through 12.04.570, as well as other applicable
provisions of Ch. 12.04 KCC, shall apply unless specifically excepted. In addition, the
following standards shall apply to clustered Type H 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: 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 is 2,500 square feet. New lots created by any subdivision action shall
be clustered in groups not exceeding 8 units. There may be more than one cluster per
project. Separation between cluster groups shall be a minimum of 120 feet.
6. Lot width: The minimum lot width for individual building lots in a cluster
subdivision shall be 30 feet.
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.
8. Common open space. The common open space in a cluster subdivision i
shall be a minimum of 50% of the non -constrained area of the parcel. The non -constrained i
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 thel
14 Urban Separators
non -constrained 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. All
natural features (such as streams and their buffers, significant strands of trees and rock
outcropping), as well as sensitive areas (such as 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
ad j scent 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 may be retained under ownership by the owner or subdivider, 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 or to another
party upon approval of the City of Kent.
SECTION 7. A new section, section 12.04.778, is hereby added to the
subdivision code set forth in the Kent City Code to read as follows:
See. 12.04.778. Clustering.
A. All subdivisions in the SR -1 zoning district shall be required to be clustered
pursuant to this section when the property is located within or contains an urban separator
as designated on the City of Kent Comprehensive Land Use Plan Map.
15 Urban Separators
B. Cluster subdivisions shall be subject to the development standards outlined in Title
15 of the Kent City Code. These standards include minimum lot size, width, yards,
setbacks, parking, landscaping, signage, etc.
C. The provisions of KCC 12.04.745 through 12.04.770, we well as other applicable
provisions of Ch. 12.04 KCC, shall apply unless specifically excepted. In addition, the
following standards shall apply to clustered subdivisions:
1. Location: The cluster residential development option 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: 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 is 2,500 square feet. New lots created by any subdivision action shall
be clustered in groups not exceeding 8 units. There may be more than one cluster per,
project. Separation between cluster groups shall be a minimum of 120 feet.
6. Lot width: The minimum lot width for individual building lots in a cluster
subdivision shall be 30 feet.
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.
8. Common open space. The common open space in a cluster subdivision
shall be a minimum of 50% of the non -constrained area of the parcel. The non -constrained
area of the parcel includes all areas of the parcel, minus critical areas, as defined in RCW
36.70.030(5) as currently and hereinafter amended, and buffers. The remainder of the non -I
16 Urban Separators
constrained 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. All
natural features (such as streams and their buffers, significant strands of trees and rock
outcropping), as well as sensitive areas (such as 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 may be retained under ownership by the owner or subdivider, 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 or to another
party upon approval of the City of Kent.
SECTION 8. A new section, section 15.02.073, is hereby added to the
zoning code set forth in the Kent City Code to read as follows:
Sec. 15.02.073. Clustering or Cluster Subdivision. Clustering or Cluster
Subdivision means 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.
17 Urban Separators
SECTION 9. Section 15.02.531 of the zoning code set forth in the Kent
City Code, entitled "Use," is hereby amended to read as follows:
Sec. 15.02.531.-2. Use. Use means an activity for which land or premises or a
building thereon is designed, arranged or intended, or for which it is occupied or
maintained, let or leased.
SECTION 10. A new section, section 15.02.531, is hereby added to the
zoning code set forth in the Kent City Code to read as follows:
Sec. 15.02.531. Urban separators. Urban separators are 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.
SECTION 11. Section 15.02.532 of the zoning code set forth in the Kent
City Code, entitled "Use, change of," is hereby amended to read as follows:
Sec. 15.02.5323. Use, change of. A change of use shall be determined to have
occurred when it is found that the general character of the operation has been modified.
This determination shall include review of but not be limited to: (1) hours of operation, (2)
materials processed or sold, (3) required parking, (4) traffic generation, (5) impact on
public utilities, (6) clientele, and (7) general appearance and location.
18 Urban Separators
SECTION 12. Section 15.04.170 of the zoning code set forth in the Kent
City Code, entitled "Agricultural and residential zone development standards," is hereby
amended to read as follows:
19 Urban Separators
Sec. 15.04.170. Agricultural and Residential Zone Development Standards.
Zoning Districts
CD
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SF
Duplex
SF
Duplex
MF
SF
Duplex
MF
SF
Duplex
MF
SF
Duplex
MF
SF
Duplex
MF
Maximum
1
1
218
363
453
605
871
8.71
1089
120
120
160
160
160
16
230
23
400
40
density: dwelling
du/ac
dulac
duslac
duslac
duslacduslac
duslac
duslac
duslac
duslac
duslacduslac
duslacduslac
dulac
duslac
duslac
duslac
duslac
units per acre
Minimum lot
34,700
1 ac
34,700
16,000
9,600
7,600
5,700
4,000
4,000
8,000
none
8,000
8,5001
none
8,000
,5001none
8,000
8,5001
none
8,000
8,5001
none
8,000
8,5001
area: square feet
sq ft
sq ft
sq ft
sq ft
sq ft
sq ft
sq ft
sq ft
sq ft
sq ft
3,500
sq ft
3,500
sq ft
2,500
sq ft
1,600
sq ft
900 sq
or acres, as
sq ft
sq ft
sq ft
sq It
ft (3)
noted
(27)
(1)
(2)
Minimum lot
60 ft
60 ft
50 ft
50 ft
loft
50 ft
40 ft
4"
80 ft
4041
80 ft
80 ft
4"
80 ft
80 ft
4"
80 ft
80 ft
4"
80 ft
80 ft
4"
80 It
80 ft
width: feet (4)
25 ft
25 It
25 ft
25 It
25 ft
25 ft
Maximum site
30%
50%
30%
30%
45%
45%
50%
55%
55%
40%
55%
40%
45%
51
40%
45%
55%
40%
45%
55%
40%
45%
55%
40%
50%
coverage:
(5)
(5)
(5)
(5)
(5)
(5)
(5)
(5)
(5)
(5)
(5)
(5)
(5)
(5)
(5)
(5)
(5)
(5)
(5)
percent of site
Minimum yard
(22)
requirements:
feet
Front yard
20ft
30ft
20ft
loft
loft
loft
loft
loft
loft
loft
loft
loft
20ft
loft
loft
20 it
loft
loft
20 It
loft
loft
20ft
loft
loft
20ft
(6)
(7)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(6)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(8)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
Side yard
15ft
(10)
15ft
5ft
5ft
5ft
5ft
5ft
5ft
5ft
5ft
5ft
(11)
5ft
5ft
(11)
5ft
5ft
(11)
5ft
5ft
(11)
5ft
5ft
(11)
L(J
(30)
(30)
(30)
(30)
30
Side yard on
20ft
20 It
loft
loft
loft
loft
loft
loft
loft
loft
loft
15ft
loft
loft
15ft
loft
loft
15ft
loft
loft
15ft
loft
loft
15ft
flanking street
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(9)
(g)
(9)
(9)
(9)
(9)(9)
(9)
(9)
of a corner lot
Rear yard
20ft
15ft
5ft
5ft
5ft
5ft
5ft
5ft
8ft
5ft
8ft
20ft
5ft
8ft
20ft
5ft
8ft
20ft
5ft
8ft
20ft
5ft
8ft
20ft
Additional
(12)
(13)
(11)
(14)
(14)
(14)
(14)
(14)
SetbackSldlsta
(15)
(15)
(15)
(15)
(15)
nces between
buildings
Height limitation:
2.5
2 stryl
25
2.5
25
25
25
2.5
2.5
2 5 stryl
2.5
2 stryl
3 stryl
2.5
2 stryl
3 stryl
25
2 5 stryl
3 stryl
2 5 stryl
2.5 stryl
3 stryl
25
2 5 stryl
4 stryl
in stoneslnot to
stryl
35 It
stryl
stryl
stryl
stryl
stryl
stryl
stryl
35 ft
stryl
30 ft
30 ft
stryl
30 ft
30 ft
stryl
35 ft
40 It
30 It
35 ft
40 ft
stryl
35 ft
50 ft
exceed in feet
35 ft
(17)
35 It
35 ft
35 ft
35 ft
35 ft
30 ft
30 It
30 ft
30 ft
30 ft
30 ft
(16)
(18)
Maximum
40%
40%
40%
50%
60%
70%
75%75%
70%
75%
70%
70%
75%
70%
71%
75%
70%
75%
70%
75%
70%
Impervious
(19)
(19)
(23)
(23)
(23)
(23)
(23)
(19)
(19)
(19)
(19)
(19)
(19)
(19)
(19)
(19)
(19)
(19)
(19)
(19)
(19)
surface: percent
of total parcel
area
Zero lot Ilne and
The provisions In sections 15.08 300, 310, 320, and 330 shall apply
clustering (24)
Signs
The sign regulations of Chapter 15.06 shall apply
Offstreet parking
The off-street parking requirements of Chapter 15 05 shall apply
Landscaping
The landscaping requirements of Chapter 15 07 shall apply
Multi -family
(25)
(25)
(25)
(25)
(25)
Transition Area
(26)
(26)
Multi -family
(26)
(26)
(26)
design review
Additional
Additional standards for specific uses are contained In Chapter 15 08 and Chapter 15.09
standards
(20) (20) (31) (28) (28)
(21) (29) (29)
SECTION 13. Section 15.04.180 of the zoning code set forth in the Kent
City Code, entitled "Agricultural and residential land use development standard
conditions," is hereby amended by adding a new condition which shall read as follows:
Sec. 15.04.180. Agricultural and residential land use development standard
conditions.
1. Minimum lot area is eight thousand five hundred (8,500) square feet for the
first two (2) dwelling units, and two thousand five hundred (2,500) square feet for each
additional dwelling unit.
2. Minimum lot area is eight thousand five hundred (8,500) square feet for the
first two (2) dwelling units, and one thousand six hundred (1,600) square feet for each
additional dwelling unit.
3. Minimum lot area is eight thousand five hundred (8,500) square feet for the
first two (2) dwelling units, and nine hundred (900) square feet for each additional
dwelling unit.
4. To determine minimum lot width for irregular lots, a circle of applicable
diameter (the minimum lot width permitted) shall be scaled within the proposed boundaries
of the lot; provided, that an access easement to another lot is not included within the circle.
5. Interior yards shall not be computed as part of the site coverage.
6. Porches and private shared courtyard features may be built within the front
building setback line.
7. For properties abutting on West Valley Highway, the frontage on West
Valley Highway shall be considered the front yard.
8. Proposed front yards less than twenty (20) feet in depth are subject to
approval by the planning director, based on review and recommendation from the public
works department relative to the existing and future traffic volumes and right-of-way
requirements as specified in the city comprehensive transportation plan and city
construction standards.
21 Urban Separators
9. At least twenty (20) linear feet of driveway shall be provided between any
garage, carport or other primary parking area and the street property line with the exception
of an alley property line.
10. An aggregate side yard of thirty (30) feet shall be provided. A minimum of
ten (10) feet shall be provided for each side yard. On a corner lot the side yard setback shall
be a minimum of twenty (20) feet from the property line.
11. Each side yard shall be a minimum of ten (10) percent of the lot width;
however, regardless of lot width, the yard width need not be more than thirty (30) feet.
12. Structures for feeding, housing and care of animals, except household pets,
shall be set back fifty (50) feet from any property line.
13. Additional setbacks for the agriculture general (AG) zoning district.
a. Structures for feeding, housing and care of animals shall be set back
fifty (50) feet from any property line.
b. Transitional conditions shall exist when an AG district adjoins a
residential district containing a density of two (2) dwelling units or more per acre or a
proposed residential area indicated on the city comprehensive plan. Such transitional
conditions shall not exist where the separation includes an intervening use such as a river,
railroad main line, major topographic differential or other similar conditions, or where the
industrial properties face on a limited access surface street on which the housing does not
face. When transitional conditions exist, as defined in this subsection, a yard of not less
than fifty (50) feet shall be provided.
C. Setbacks, Green River. Industrial development in the AG district
abutting the Green River, or Russell Road or Frager Road where such roads follow the
river bank, shall be set back from the ordinary high-water mark of the river a minimum of
two hundred (200) feet. Such setbacks are in accordance with the city comprehensive plan
and in accordance with the high quality of site development typically required for the
industrial park areas of the city and in accordance with the state Shoreline Management Act
of 1971, and shall be no more restrictive than, but as restrictive as, the Shoreline
Management Act.
22 Urban Separators
14. An inner court providing access to a double -row building shall be a
minimum of twenty (20) feet.
15. The distance between principal buildings shall be at least one-half (1/2) the
sum of the height of both buildings; provided, however, that in no case shall the distance
be less than twelve (12) feet. This requirement shall also apply to portions of the same
building separated from each other by a court or other open space.
16. The height limitations shall not apply to barns and silos; provided, that they
are not located within fifty (50) feet of any lot line.
17. Beyond this height, to a height not greater than either four (4) stories or
sixty (60) feet, there shall be added one (1) additional foot of yard for each additional foot
of building height.
18. The planning director shall be authorized to approve a height greater than
four (4) stories or sixty (60) feet; provided, such height does not detract from the continuity
of the area. When a request is made to exceed the building height limit, the planning
director may impose such conditions, within a reasonable amount of time, as may be
necessary to reduce any incompatibilities with surrounding uses.
19. Except for lots used for agricultural practices, the maximum impervious
surface area allowed shall be ten thousand (10,000) square feet when the lot is greater than
one (1) acre.
20. The following uses are prohibited:
a. The removal of topsoil for any purpose.
b. Grade and fill operations; provided, that limited grade and fill may
be approved as needed to construct permitted buildings or structures.
C. All subsurface activities, including excavation for underground
utilities, pipelines or other underground installations, that cause permanent disruption
the surface of the land. Temporarily disrupted soil surfaces shall be restored in a manner
consistent with agricultural uses.
d. Dumping or storage of nonagricultural solid or liquid waste, or
trash, rubbish or noxious materials.
23 Urban Separators
e. Activities that violate sound agricultural soil and water conservation
management practices.
21. Outdoor storage for industrial uses shall be located at the rear of a
principally permitted structure and shall be completely fenced.
22. Mobile home park combining district, MHP. The standards and procedures
of the city mobile home park code shall apply. General requirements and standards for
mobile home park design, KCC 12.04.520; mobile home parks, Ch. 12.05 KCC.
23. Except for lots used for agricultural practices, the maximum impervious
surface area allowed shall be ten thousand (10,000) square feet.
24. Minimum lot width, building setbacks, and minimum lot size regulations
may be modified consistent with provisions for zero lot line and clustering housing
development.
25. The requirements of KCC 15.08.215 shall apply in any multifamily
transition area, which includes any portion of a multifamily district within one hundred
(100) feet of a single-family district or within one hundred (100) feet of a public street
right-of-way.
26. The requirements of KCC 15.09.045 for multifamily design review shall
apply to any multifamily dwelling of three (3) or more units.
27. Minimum lot area is eight thousand five hundred (8,500) square feet for the
first two (2) dwelling units, and three thousand five hundred (3,500) square feet for each
additional dwelling unit.
28. The following zoning is required to be in existence on the entire property
to be rezoned at the time of application of a rezone to an MR -T zone: SR -8, MR -D, MR -G,
MR -M, MR -H, O, O -MU, NCC, CC, GC, DC or DCE.
29. All multifamily townhouse developments in the MR -T zone shall be j
condominiums only. A condominium plat shall be filed and recorded pursuant to Chapter
64.32 RCW prior to approval of a development permit by the city.
24 Urban Separators
30. As an option to the five (5) foot side yard requirement for single-family
development in all multi -family zoning districts as set forth in 15.04.170, a side yard width
of no less than three (3) feet may be utilized under the following conditions:
Fire hydrants for the development, as required by the fire code set
forth in Title 13 of the Kent City Code, will be placed a maximum of 300 feet in
separation;
2. The required fire hydrants shall have a minimum fire flow of 1,500
gallons per minute; and
3. Emergency vehicle access roads shall be provided to the
development, which includes an improved road accessible within 150 feet of all portions
of the exterior first floor of the structure.
This option is subject to the approval of the Washington State Building
Council. Application of this option shall be effective upon receipt by the City of Kent of
such approval.
31. Where lands are located whollyrap rtially within the urban separator, as
designated on the City of Kent Comprehensive Land Use Plan Map dwelling units shall
be required to be clustered, subject to the provisions of Kent City Code Chapter 12.04
entitled "Subdivisions". The density in a cluster subdivision shall be no greater than the
density that would be allowed on the parcel as a whole including all critical areas (creeks
wetlands, geological hazard areas) and buffers using the maximum density provisions of
the zoning district in which it is located.
The common open space in a cluster subdivision shall be a minimum of 50% of the
non -constrained area of the parcel. The non -constrained 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 non -constrained 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
25 Urban Separators
adjacent open spaces as well as existing or planned public parks and trails and maintain,,
scenic vistas. Critical areas and buffers shall not be used in determining lot size anc
common open space requirements in a cluster subdivision All natural features (such a�
streams and their buffers, significant strands of trees and rock outcropping), as well ar
sensitive areas (such as steep slopes and wetlands and their buffers) shall be preserved a.
open space in a cluster subdivision.
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 degrade
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 may be retained under ownership by the owner or subdivider, 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 or to another
party upon approval of the City of Kent.
The minimum lot size of individual lots within a clustered subdivision is 2,500
square feet, and the minimum lot width is 30 feet In the event that common open space
prohibits development of one single family residence on the parcel the common open
space will be reduced by the amount necessary to meet the minimum 2500 square foot lot
size. New lots created by any 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 120 feet Sight obscuring fences are not permitted
along cluster lot lines adjacent to the open space area
SECTION 14. — Moratorium Termination. The moratorium on the
acceptance of applications for any land use permit or approval for subdivisions, short plats,
or any other similar application that increases the number of lots and/or density on property
located within the currently established urban separators, as identified in the Soos Creek
26 Urban Separators
Community Plan and in areas proposed for inclusion as an urban separator in the City of
Kent, as set forth in Resolution No. 1576, shall terminate on the effective date of this
ordinance.
SECTION 15. — 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 16. — Effective Date. This ordinance shall take effect and be in
force thirty (30) days from and after its passage as provided by law.
ATTEST:
WN -WA W" E MR 044
i r
APPROVED AS TOFORM:
LUB VICH, CITY ATTORNEY = L =
27 Urban Separators
PASSED: 02 0 day of , 2001.
APPROVED: A 0 day of , 2001.
PUBLISHED: A3 day of '2001.
I hereby certify that this is a true copy of Ordinance No. -3-6� passed
by the City Council of the City of Kent, Washington, and approved by the Mayor of the
City of Kent as hereon indicated.
a, '�'- "';" (SEAL)
P\Crvil\Ordmance\UrbanSeparators-CodeRevmion doc
28 Urban Separators
Exhibit "A"
NARRATIVE ADDITION TO NATURAL RESOURCES GOALS AND POLICIES OF
LAND USE ELEMENT OF COMPREHENSIVE PLAN
(to be added at the end of the existing narrative of this section)
Kent is home to approximately five watersheds with major creek systems, all with varying
degrees of urban development. The Soos Creek Watershed is a region of approximately 70
square miles and within the Kent City limits includes the Upper Soos Creek and Soosette
Creek subbasins. The system has close to 90 miles of streams flowing into the Green River,
and the basin includes many wetlands and lakes. The Soos Creek Basin Plan, adopted by
King County in January 1992, recommended a combination of tools for basin management
aimed at correcting surface water problems and providing protection for the basin's water
resources. One of the tools recommended was to maintain rural densities, especially in areas
of the Soosette Creek subbasin.
Big Soos Creek is a major creek lying within the Green River Basin. The creek meanders
in and out of the easterly city limits of Kent and provides a natural open space corridor
between the cities of Kent and Covington and between Urban Growth Areas and Rural Areas
of unincorporated King County. Big Soos Creek provides significant habitat for fish and
wildlife, and it is an area of natural beauty that provides recreational and educational
opportunities throughout the region. The Soos Creek Trail, which runs for 4 miles from Gary
Grant Park at SE 208th and 137th Avenue SE to Lake Meridian Park, provides opportunities
for walking, bicycling and horseback riding.
The east and west banks of the Green River valley and other unique natural features such as
the Olsen Creek canyon provide natural opportunities for urban separators. The eastern
plateau in particular provides a natural separation between the cities of Kent and Covington,
and between the urban and rural areas of unincorporated King County.
The Olsen Creek canyon provides separation between a portion of Kent and Auburn. This
separation continues as a result of both natural features and existing land use preservation
within the Agricultural Production District of King County. In addition, the wetlands and
floodplains of the Northeast Auburn drain, Mill Creek (Auburn) and Mullen Slough limit
development potential. The result is a complete east -west corridor of environmental, visual,
recreational and wildlife benefits.
Exhibit "A"
Exhibit `B"
NATURAL RESOURCES GOALS AND POLICIES ADDITION TO
LAND USE ELEMENT OF COMPREHENSIVE PLAN
(to be added at the end of the existing goals and policies of this section)
Goal LU -28 — Establish urban separators to protect environmentally sensitive areas,
including lakes, streams, wetlands, and geologically unstable areas such as steep slopes, to
create open space corridors that provide environmental, visual, recreational and wildlife
benefits within and between urban growth areas, and to take advantage of unusual landscape
features such as cliffs or bluffs and environmentally unique areas.
Policy LU -28.1 — Establish urban separators as low-density areas of no greater than one
dwelling unit per acre.
Policy LU -28.2 — Only allow amendments to the urban separator policy at the time
coinciding with King County's 20 -year review of its 1994 Policy Update of the
Comprehensive Plan or by Kent City Council initiation because of pending danger or public
safety.
Policy LU -28.3 — Require subdivisions within or adjacent to urban separators to provide
open space linkages within or to the urban separator.
Policy LU -28.4 — Establish urban separators as links between, and for protection of, sensitive
areas, public parks, open spaces or trails, critical aquifer recharge areas, floodplains, high
value wetlands, unstable slopes, regionally or locally significant resource areas, fish and
wildlife habitat and other unique environmental features.
Policy LU -28.5 — Coordinate with appropriate South King County agencies, adjacent cities,
and unincorporated King County to create a regional approach to Urban Separators.
Policy LU -28.6 — Link urban separators within the City of Kent to those of adjacent cities
and unincorporated King County.
Policy LU -28.7 — Encourage well-designed land use patterns, including clustering of housing
units, transfer of development rights, zero lot lines and other techniques to protect and
enhance urban separators.
Policy LU -28.8 — Consider funding options, land trusts, purchase of development rights, and
other methods for public acquisition of urban. separators.
`,Kbit `B„