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HomeMy WebLinkAbout3906ORDINANCE NO. fl—C2 AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 12.04 of the Kent City Code, entitled "Subdivisions, Binding Site Plans, and Lot Line Adjustments," to update the code by removing redundancy, updating application submittal requirements, and revising for consistency with state of Washington regulations. RECD A. The City of Kent's subdivision code, Chapter 12.04 Kent City Code (KCC) provides rules, regulations, requirements, standards and procedures for subdividing land, obtaining binding site plans, and adjusting lot lines in the City. This update to the subdivision code generally includes consolidation of sections, reduction of redundancy, removal of standards that are contained in other adopted regulatory documents, update of application submittal requirements, and revision for consistency with State regulations. B. The State Environmental Policy Act (SEPA) responsible official has determined that the proposed code amendments are procedural in nature and further SEPA analysis is not required for these code amendments. C. On October 3, 2008, the City requested expedited review from the state of Washington under RCW 36.70A.106 of the City's intent to 1 Subdivision Code update Chapter 12.04 KCC subdivision code. Approval for expedited review adopt amendments to the was granted on October 23, 2008• D. The Land Use and planning Board considered these updates to the subdivision code at its workshops on October 27, 2008, and November 10, 2008, and the Board held a public hearing on November 24, 2008. The Planning and Economic Development Committee considered the issues and 2008, and the City the recommendation of the Board on Decemberr oDecember 9, 2008. Council adopted these amendments at its mee g NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECT ON 1. -- Amendment. Chapter 12.04 of the Kent City Code is amended as follows: CHAPTER 12.04 SUBDIVISIONS, BINDING SITE PLANS, AND LOT LINE ADJUSTMENTS Article I. General provisions Sec. 12.04.010. Title. This code shall be hereinafter known as the city of Kent subdivision code. Sec. 12.04.015. Purpose. The purpose of this chapter is to provide rules, regulations, requirements, standards, and procedures fof 'I' subdividing land, for obtaining binding site plans, and for adjustments lot lines in the city, ensuring: -jA That the highest feasible quality in subdivisions will be attained; -2B. That the public he, alth safety, general welfare, and aesthetics of the _ city shall be promoted and protected; 2 Subdivision Code Update Chapter 12.04 KCC C. That orderly growth, development, and the conservafiion, protection, and proper use of land shall be promoted; _ 4D. That proper provisions for all public facilities, including connectivity, "! circulation, utilities, and services, shall be made; SE. That maximum advantage of site characteristics shall be taken into consideration; and 4sF, That the process shall be in conformance with provisions set forth in '. KCC Title 15, Zoning, and the comprehensive plan. Sec. 12.04.020. Scope. This chapter shall apply to the division of !; land for sale or lease into two (2) or more parcels and to the modification of lot lines between adjoining parcels. Where this chapter imposes greater restrictions or higher standards upon the development of land thanhather l( laws, ordinances, or restrictive covenants, the provisions of this chapter I l shall prevail. 0 the Unless otherwise indicated and as provided by RCW 5$.17 a4 , provisions of this chapter do not apply to: l A, Cemeteries and burial plots while used for that purpose; -2B. Divisions made by testamentary provisions, or the laws of descent; 3C. Division of land due to condemnation or sale under threat thereof, by an agency or division of government vested with the power of condemnation; 40, Divisions of land into lots or tracts classified for industrial or commercial use when the city has approved a binding site plan for the use of the land; 3 Subdivision Code Update Chapter 12.04 KCC -S�E Condominium developments, pursuant to either Chapter 54.32 or 64.34 RCW, that are subject to an approved binding site plan,. €F. Divisions of land into lots or tracts each of which is five 5 acres or large if the land is not ca able of description as a fraction of a section of land-z -7G. A division for the ur ose of lease when no residential structure than mobile homes or travel trailers are ermitted to be laced upon other the land when the cit has a roved a bin din site lan. $H. A division for the ur os e of leasingvidi land for facilities ran lPersonal wireless services while used for that ur ose. and I 91, A dsion of land into lots or tracts of less than three 3 acres that is recorded in accordance with Cha ter 58.09 RCW and is used or to be l used for the ur ose of establishin a site for construction and a eratian of consumer-owned or investor-owned electric utilit facilities. Sec. 12.04.025. Definitions.- The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed ��to them in this section, except where the context clearly indicates a l different meaning: A. Active recreation activities shall mean all outdoor recreational activities which involve field and court games. I B, Alley shall mean a public or private way not more than th+rty-twent ($20) feet wide at the rear or side of property affording only secondary means of vehicular or pedestrian access to abutting property. C. Binding site plan shall mean a scaled drawing which. (a) identifies and shows the areas and locations of all streets, rte; improvements, b � utilities, open space, and any other matters specified in this chapter; ( ) contains inscriptions or attachments setting forth such appropriate 4 Subdivision Code Update Chapter 12.04 KCC limitations and conditions for the use of the land as established by the ujrt-e through the approval process; and (c) contains provisions which req any development be in conformity with the binding site plan. of the p, Binding site plan committee shall be a committee consisting ember of the planning manager, who shall be the chairperson, one (1) e and tanning board, the building official, public works director, land use p their arks and communit services director and the fire chief, or ether - designated representatives. _E. Block shall mean a group of lots, tracts, or parcels within well- defined and fixed boundaries, F. Circulation shall mean any of a number of quantitative measures that characterizes the frequency of transportation mode trips, the durationactivity of a mode trip, and path choices made between two (2) or more sure of circulation. spaces. Traffic counts usually indicate a mea G. Clustering or cluster subdivision shall mean a development or tial building lots are reduced in size an division of land in which residen s) of the original lot, tract, or parcel. concentrated in specified portion _ Common open space shall mean a parcel or parcels of land or an H. site area of water or a combination of land and water within thened designated for a subdivision or a planned unit development, and df a and intended primarily for the use or enjoyment of residents vision. Common open space may contain such complementary subdi appropriate for the structures and improvements as are necessary and benefit and enjoyment of residents of the subdivision. Community park shall mean a park that serves the entire city of I. arks may have Kent and can be located throughout the city. Community he city, and which facilities or amenities that are not offered elsewherepicnic can include boating, swimming, fishing, athletic fields, group p Subdivision Code Update Chapter 12,04 KCC shelters, play equipment, e t, hard courts, skatep arks, and trails, and will vary pmen at each park, Access to the park is by car, public transit, foot, or bicycle. Off-street parking is provided. 3. Comprehensive plan shall mean the document, including maps, adopted by the city council, which outlines the city's goal p of growth, and prepared in accordance with relating to managementlaps Chapter 36.70A RCW. The term also includes adopted subarea p prepared in accordance with Chapter 36.70A RCW. the K. Connectivity shall mean or other connection of nei hborhoods by through streets, easements, ctivity centers including other subdivisions, rights-of-way, to a sit stops, recreational spaces, neighborhood centers, shopping centers, tran and other public facilities. Such connections shall have a character that is pedestrian -friendly and that provide a sense of location. Goal 6 Subdivision Code Update Chapter 12.04 KCC a re I en to Cul-de-sac shall mean a short street having one (1) end open traffic and being terminated at the other end by a vehicular turnaround, conveyance of land M, Dedication shall mean a deliberate the by its owner for any general and public uses, reserving to owner no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat or a final short plat showing the 1 dedication thereof; and the acceptance by the public shall be evidenced by 1 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. p. Final plat or final shortlat shall mean the final drawing of the subdivision or short subdivision and dedication prepared for filing for record with the King County > recorder's office and containing all elements and requirements set forth in this chapter, 7 Subdivision Code Update Chapter 12.04 KCC P. Hearing examiner shall mean the person appointed by the mayor, orlications outlined in his or her designee, to conduct public hearings on app KCC 2,32 which creates the hearing examiner, and who prepares ;a record, findings of fact, and conclusions on such applications. n incorporated nonprofit g. Homeowners' association shall mean organization operating under recorded land agreements through which: Each lot owner is automatically a member; 2. Each lot is automatically subject to a proportionate share of for the organization's activities, such as maintaining common the expenses property, and 3, A charge if unpaid becomes a lien against the property. _se and tanning board shall mean that body as defined in the Land u p R, HKent City Code Cha ter 2.57• s, Lot shall mean a fractiona part of divided lands having minimum boundaries bein of sufficient area and dimension t i `� lode tracts or zonin re uirements for width and area. The term steal parcels. I It's g Subdivision Code Update Chapter 12.04 KCC 10 ICS -ZFV Iu__I on two (2) or more o hilc Lot, career shall mean a lot abutting up arts of the same private streets at their intersection or upon two (2) p arts of the same street forming an interior angle of Ftreet, such streets or p ess than one hundred thirty-five (135) degrees within the lot lines. J. Lot- frontage shall mean the front of a lot which shall be that portion nearest the public or private .street or, if the lot does not abut a street, reet, the portion nearest an ingress/egress trac_, t or easement, On a co 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 cit has the epti-en authority_of determining which pa of the lot fronting on a street shall become the lot frontage. 1 of common property 11, Lot line adjustment shall mean the adjusting parcels for the tracts, or p lines or boundaries between adjacent lots, such a n purpose of rectifying a disputed property line location, freeing a minor boundary from any differences or discrepancies or accommodating additional transfer of land. The resulting adjustment shall not create any lots, tracts parcels and all reconfigured lots, tracts, or parcels shall or contain sufficient area and dimension to meet minimum requirements for zoning and building purposes. W. Lot lines shall mean the property lines bounding the lot. x Lot measurements shall mean: g Subdivision Code Update Chapter 12.04 KCC ill1171 1:2111 1 -ZFV Iu__I on two (2) or more o hilc Lot, career shall mean a lot abutting up arts of the same private streets at their intersection or upon two (2) p arts of the same street forming an interior angle of Ftreet, such streets or p ess than one hundred thirty-five (135) degrees within the lot lines. J. Lot- frontage shall mean the front of a lot which shall be that portion nearest the public or private .street or, if the lot does not abut a street, reet, the portion nearest an ingress/egress trac_, t or easement, On a co 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 cit has the epti-en authority_of determining which pa of the lot fronting on a street shall become the lot frontage. 1 of common property 11, Lot line adjustment shall mean the adjusting parcels for the tracts, or p lines or boundaries between adjacent lots, such a n purpose of rectifying a disputed property line location, freeing a minor boundary from any differences or discrepancies or accommodating additional transfer of land. The resulting adjustment shall not create any lots, tracts parcels and all reconfigured lots, tracts, or parcels shall or contain sufficient area and dimension to meet minimum requirements for zoning and building purposes. W. Lot lines shall mean the property lines bounding the lot. x Lot measurements shall mean: g Subdivision Code Update Chapter 12.04 KCC 1. The depth of a lot which shall be considered to be the distance between the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear. 2. The width of a lot which shall be considered to be the distance between the side lines connecting front and rear lot lines; provided, however, that width between side lot lines at their foremost points where they intersect with the street right-of-waline shall not be less than eighty (80) percent of the required lot width except in the case of lots frontin on cul-de-sacs or curves, where eighty (80) percent of requirements shall not apply. f-lowever the rovisions of KCC 15.04.180.37 a I to lot widths within the SR -4.5 SR -6 and SR -8 zoning districts. y, Lot of record shall mean a arcel of land that has been considered a lot in accordancewith the subdivision short subdivision or other land se re ation laws in existence at the time the lot was created ora parcel described as a fractional portion of a Section as described in the public Land Survey System. let whieh Of W Z. Lot, through shall mean a lot that has both ends fronting on a street. Either end may be considered the front as determined b the Gt . AA. Meander line shall mean a line along a body of water intended to be used solely as a reference for surveying as defined in the Manual of 1 Instructions for Surve in the Public Lands 1973 or its successor. BB. Neighborhood park shall mean a park that serves a neighborhood (not a subdivision) defined by arterial streets. These parks are generally located centrally in the neighborhood so that the park is easily accessible and neighborhood residents do not have to cross a major arterial to reach 10 Subdivision Code Update Chapter 12.04 KCC the park. Access is primarily by foot or bicycle, so the park is usually no further than ane -half (1/2) mile from any point in the neighborhood. unless on -street parking is not Parking spaces are typically not provided, '. accessible or safe. Neighborhood parks have amenities for available, or for which a fee casual activities that are not programmed or organized, include play equipment, picnic tables, she_ Iters, im s charged. Amenities a tennis}, walking trails and open grassy areas. hard courts (basketball, mean those maps, development plans, or CC. Official plans shall reof, adapted by the city council as provided in Chapter 44, portions the plans or maps shall be Section 6, Laws of 1935, as amended. Such deemed to be conclusive with respect to the location and width of streets, rounds and drainage rights-of-way or easements as public parks, and playg may be shown thereon. DDPark opensP ace shall mean those areas that are environmentally . sensitive, wildlife habitat, or wetlands, that remain in a relatively natural improvem ents for public access, interpretation, study, state with minimal or enjoyment. l=E. Park service area shall mean those areas defined by arterial streets or geographic features, and which are identified in the comprehensive par tion plan, that a neighborhood park or community park is and recrea intended to serve. FF. Performance bond or guarantee shall mean that security which may e accepted in lieu of a requirement that certain improvements be mad$ be ; before the final plat is approved and signed, including performance bond agreements and other similar collateral or surety agreements. See l escrow a fire _ the GG. piggyback or accumulative short subdivision shall mean multiple short subdivision of contiguous land under common ownership. Ownership 11 Subdivision Code Update Chapter .2.04 KCC for purposes of this section shall mean ownership as established at the application submittal date of the initial short subdivision approval. HH. Pial shall mean a map or representation of a subdivision, showing a tract or parcel of land into lots, tractsb+se- ' thereon the division of streets and alleys, or other divisions and dedications. II. Preliminary approval shall mean the official favorable action taken on the preliminary plat of a proposed subdivision, by the hearing examiner following a duly advertised public hearing +or on a preliminary plat of a short subdivision 4 following a duly advertised meeting of the short subdivision committee. 3). Preliminary plat shall mean a �-precise scale drawing of a lots proposed subdivision showing the general layout of streets and allee�, shall b s,tracts, --and other elements of a plat or subdivision l which furnish a basis for the approval or disapproval of the genet layout of a subdivision. a ad KK. Short plat; shall mean the map or representation of a short subdivision. LL. Short subdivision shall mean the division or redivision of land into nine (9) or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale lease, or transfer of ownership. Tracts identified for or with the potential for future development shall be included within the number of lots created, but tracts which are not buildable and/or are intended for vironmental protection, or starmwater public dedication, en�� facilities are not included in the number of lots created. _MM, Short subdivision, type I shall mean the division of land into four (4) or less lots, tracts, parcels, sites, or divisions for the purpose of sale, 12 Subdivision Code Update Chapter 12.04 KCC lease, or transfer of ownership. Tracts identified for or with the potential for future development shall be included within the number of lots created, but tracts which are not buildable and/or are intended for public dedication, environmental protection, or stormwater detention facilities are not included in the number of lots created. NN, Short subdivision, type II shall mean the division of land into more than four (4) and less than ten (10) lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer 'of ownership. Tracts identified for or with the potential for future development shall be included within the number of lots created, but tracts which are not buildable and/or are intended for public dedication, environmental protection, or stormwater dT -facilities are not included in the number of lots created. 00. Short Subdivision Committee shall be a committee consisting of the planning manager, who shall be the chairperson, one 1 member of the [and use and planning boardpublic works director parks and communit services director, and the fire chief, or their designated representatives PP. Street shall mean a public or private way rim which affords a primary means of access to property. gQ. Subdivision shall mean the division or redivision of land into ten (10) or more lots, tracts, parcels, sites, or divisions for the purpose of safe or lease or transfer of ownership; provided, that subdivisions of less than ten (ION parcels may be defined 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 facilities are not included in the number of lots created. RR. Subdivision, phased shall mean a subdivision, which is developed in increments over a period of time, 13 Subdivision Code Update Chapter 12.04 KCC Ss. Tentative plat shall mean a map drawn in accordance with the same reliminary plat map, but submitted prior to requirements as the p The tentative plat is reviewed ata re - preliminary plat submittal. application conference. TT. Title report shall mean a certified report from a bonded title agency showing recorded title holder and all encumbrances and defects that exist on the land. UU. Tract shall mean _ L...� �. } kr,-,itcri tn_ �L.jLUIC uGvci�. .• .- -- retention utilit facilities and access. Tracts are not considered building sites for ur oses of residential dwelling unit construction. KV Trail system shall mean those pathways that connect paints of unit facilities, streets, residences, etc., in the interest, parks, comm Y community, , which are generally not confined within the limits of one (1) I orhood. Trails are intended to be used by bicycles, park o he like. Use by motorized vehicles rollerskaters, a-Rdpedestrians and tis prohibited. �shall mean low-density lands that define WW. Urban separators '{ 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 Henvironmental, visual, recreational, and wildlife benefits. Sec. 12.04,030. Conformance to state law. This code is in conformance with RCW 58.17.010 et seq. regulating platting, subdivision, adjusting lot lines, and the dedication of land and further provides for administrative procedures for the adjustment of lot lines. Sec. 1.2.04.035. CitY functionS. 14 Subdivision Code Update Chapter 12.04 KCC A. planning services office. The planning services office is responsible I for the administration and coordination of this chapter unless another department or division is authorized to administer and enforce a specific ; section. B. Department of public works, The department of public works is responsible for reviewing all engineering and technical requirements of this chapter. p C, Fire department, The fire department is responsible for reviewing all fire access and fire safety requirements of this chapter. D, Department of parks and recreation. The department of parks and recreation is responsible for reviewing all parks and open space dedication requirements of this chapter. E. short subdivision committee. The short subdivision committee is authorized to hold a public meeting and make a final decision on all short `I subdivision plats. F, Binding site plan committee. The binding site plan committee is authorized to hold a pub.lic meetincL and make a final decision on all bindin site fans. FG. Hearing examiner. The hearing examiner is authorized to hold a public hearing and make a final decision on subdivision preliminary plats. £H, City council. The city council shall conduct any closed record appeal from a hearing examiner's final decision on a subdivision preliminary plat. The city council shall have sole authority to approve subdivision final plats. An appeal of a final plat decision shall be in superior court. Sec. 12.04.040. Penalties. A. Civil. Any violation of any provision of this chapter, oviolation to th s of any term or condition of plat approval prescribedpursuant 15 Subdivision Code Update Chapter 12.04 KCC chapter by any person, firm, corporation, or associatKCC 1.04 for which thereof, shall constitute a civil violation under Gh- - a monetary penalty may be assessed and abatement may be required as provided therein. B. Criminal. Any person, firm, corporation, or association, or any agent thereof, who violates any provision of Chapter 58.17 RCW, or any provision of this chapter, relating to the sale, offer for sale, lease, or transfer of any lot, tract or parcel of land, shall be guilty of a gross r far sale, lease or transfer of each misdemeanor and each sale, offe in violation of any provision of Chapter separate lot, tract, or parcel of land is chapter, shah be deemed a separate 58.17 RCW, or any provision of th 1 and distinct offense. Sec. 12.04.045. Liability. This chapter shall not be construed to relieve from or lessen the responsibility of any person owning any land or building, constructing or modifying any subdivisions in the city for damages to anyone inured g or damaged either in person or property by any defect therein; nor shall the city or any agent thereof be held as of any preliminary or final approval or by assuming such liability by reason issuance of any permits or certificates authorized herein. I l Sec. 12.04.OS0. Planned unit developments. In addition to the standard subdivision of land as outlined in this chapter, the city provides and under the planned unit development regulations for the subdivision of l d of the zoning code, KCC Title 15. The zoning code should be co concerning the special procedures for planned unit developments. Sec. 12.04.055. Mobile home park design. The standards of this chapter for residential subdivisions shall apply to mobile home park subdivisions when lots in such subdivisions are to be sold, unless other standards are specifically approved by the city. Sec. 12.04.060. Onsite recreation and open space requirements. 16 Subdivision Code Update Chapter 12.04 KCC A. Approval of all subdivisions and short subdivisions located in single - as defined in KCC Title 15, Zoning, shall be family residential zones contingent upon the subdivider's creation and development of onsite recreation space or paying approved fees in lieu of these provisions to the city, as necessary to mitigate the adverse effects of development upon the existing park and recreation service levels. This requirement shall not apply I to (1) dwelling units on lots being created that include forty-three f thousand five hundred sixt (43,5610) square feet or more, and (2) planned unit developments. B. When required, residential subdivisions and short subdivisions shall provide recreation space for leisure, play, and sport activities as follows: four hundred fifty (450) square feet per dwelling unit. C. Recreation space shall be placed in a designated recreation space tract or tracts. The tract(s) shall be owned by a homeowners' association or other workable organization acceptable to the planning manager to provide continued maintenance of the recreation space tract. D. Recreation space located outdoors and not part of a stormwater tract developed in accordance with subsection (F) of this section shall: 1. Be of a grade and surface suitable for recreation improvements and have a maximum grade of five (5) percent or as otherwise approved by the planning manager and parks and community services director; 2, Be on the site of the proposed development unless otherwise approved by the planning manager and parks and community services director; I Be located in an area where the topography, soils, hydrology, physical Y other h sical characteristics are of such quality as to create a fiat, dry, obstacle -free space in a configuration which allows for passive and active recreation; 17 Subdivision Code Update Chapter 12.04 KCC 4, Be centrally located or accessible and convenient to the majority of residents within the development; 5. Have good visibility from streets and sidewalks; 6. Have no dimensions less than thirty (30) feet, except trail segments or as otherwise approved by the planning manager and parks and community services director; unless the planning 7. Be located in one (1) designated area, arks and community services director determine that the manager and p artment , residents of a large subdivision, townhouse development, oreveped with development would be better served by multiple areas recreation or play facilities; and planned to any existing or P g, Be accessible, via trail or walkway, ace, or trail system municipal, county, or regional park; public open space , adjacent to the subdivision or short subdivision. roved with both active and passive E. Recreation space shall be imp ui ment or areas designed for leisure, play, and sport activities. Play eq P as approved by the city parks and other age-appropriate facilities, Pp nit services director, shall be provided within the recreation space community areas. Active recreation improvements shall be included as follows: or less dwelling units, 1. For developments of twenty-five (25) provided in at least an l e (1) of the following recreation facilities shall be addition to a tot lot or children's play area: a. Playground equipment; b. Sport court; i G. Sport field; d. Tennis court; or licant a osed by the app e. Any other recreation facility proposed and approved by the parks and community services director; 2. For developments of twenty-six (26) to f+fty (50) dwelling 2 more of the recreation facilities listed i units, at least two ( ) or subsection (E)(1) of this section shall be provided; and 18 Subdivision Code Update Chapter 12.04 KCC 3. For developments of more than fifty (50) dwelling units, at least one (1) additional recreation facility listed in subsection (E)(1) of this section shall be provided for every additional twenty-five (25) dwelling units. F. Recreation areas that are contained within the onsite stormwater tracts, but are located outside of the one hundred (100) year design water surface, may be credited for up to fifty (50) percent of the required square footage of the onsite recreation space requirement on a foot -per -foot basis, subject to the following criteria: 1. The stormwater tract and any onsite recreation tract shall be contiguously located. At final plat recording, contiguous stormwater and recreation tracts shall be recorded as one (1) tract and owned by the homeowners` association or other organization as approved by the planning manager; and 2. Unless otherwise approved by the public works department, the drainage facility shall be constructed to meet the following t: ons e uirements of the Cit of Kent Surface Water Desi n Manual and the following conditions: a. The side slope of the drainage facility shall not exceed thiFty three (33) the ratio of 3 feet horizontal to 1 foot vertical unless slopes are existing, natural, and covered with vegetation; b. A bypass system or an emergency overflow pathway shall be designed to handle flow exceeding the facility design and located 'so that it does not pass through active recreation areas or present a safety hazard; C. The drainage facility shall be landscaped and developed for passive recreation opportunities such as trails, picnic areas, and aesthetic viewing; and d. The drainage facility shall be designed not to require fencing under the city's adopted surface water design manual. 19 Subdivision Code Update Chapter 12.04 KCC G. When a tract is a joint use tract for a drainage facility and recreation space, as referenced in subsection (F)(1) of this section, the city shall not be responsible for maintenance of the recreation space. H. A recreation space plan shall be submitted to the public works department and reviewed and approved with engineering plans. The recreation space plan shall address all portions of the site 1.that will be used to meet recreation space requirements of this section, cility. The plans shall show dimensions, finished including the drainage fa grade, equipment, landscaping, and improvements, as required by the planning manager and parks and community services director, to demonstrate that the requirements of the onsite recreation space or this chapter have been met. 2, If engineering plans indicate that the onsite drainage facility or stormwater tract must be increased in size from that shown in preliminary approvals, the recreation plans shall show how the required minimum recreation space under this section will be met. Sec. 1.2.04.065. Fee in lieu of recreation space. A. Except in the case of short subdivisions, the creation of onsite recreation space, per KCC 12.04.060, is the preferred method of providing new development with opportunities for leisure, play, and sports activities. For short subdivisions, payment of a fee in lieu of providing onsite recreation space is preferred. In subdivisions, applicants shall to the best of their ability endeavor to provide recreation space on the project site. However, if onsite recreation space is not provided in accordance with this chapter, the applicant shall pay a fee in lieu of providing onsite recreation space if approved by the planning manager. A fee in lieu of onsite recreation space may be approved if the recreation space is provided within a city park in the vicinity and will be of greater benefit to the 1prospective residents of the development. 20 Subdivision Code Update Chapter 12.04 KCC A n Wr The dollar amount of the fee -in -lieu shall be determined by the following two (2) factors: iultiplying . one hundred fifty (150) percent of the average assessed aloe per unit area of land within the boundaries of the subdivision. The vera a assessed value shall be that for the ear in which the subdCoiu r,..,,nita� inr1S nt shall he based upon Kin Issessor information; and five 2. The gross land area within the subdivision multiplied by ;5) percent. III! lat Go C. The fee in -lieu shall be held in a reserve account at the city, and may only be expended to fund a capital improvement that has been the Y act of agreed upon by the parties to mitigate the identified, direct imp The ayment shall be expended in all cases within five (5) development p years of collection. Any payment of fees made pursuant to this section that ears of collection shall be refunded has not been expended within five (5) Y property owners of with interest at the rate applied to judgments to the prop Y he time of the refund. if the payment is not expended within record at t the payment shall jfive (5) years due to delay attributable to the developer, lbe refunded without interest. D. Appeals of fees -in -lieu imposed pursuant to this section shall be governed by the provisions of Ch. 12.01 KCC. Sec. I. 2.04,070. Onsite recreation — Maintenance of recreation space or dedication. Recreation space that meets the requirements of this chapter may, A. be at the discretion of the parks and community services director, 1 �j Subdivision Code Update 21 Chapter 12.04 KCC Q rE iE :dicated as a public park in lieu of providing the onsite recreation quired under KCC 12.04.060 if the following criteria are met: 1. The dedicated area is at least ten (10) acres in size, unless it adjacent to an existing or planned county or city park; 2. The dedicated land provides one (1) or more of the following: a. Shoreline access; b. Regional trail linkages; C. Habitat linkages; d. Recreation facilities; or e. Heritage sites; and 3. The dedicated area is located within one (1) mile of the )roject site. 3. Unless the recreation space is dedicated to the city in accordance with subsection (A) of this section, maintenance and irrigation of any ; recreation space shall be, per KCC 12.04.060(C), by the homeowners' association or other approved organization. Article II. Type -I - Short Subdivisions and Sub divisions Sec. 7.2.04.100. Purpose of Ttype Z and T e ZZ short subdivisions. The procedures regulating Ttype I and Type II short subdivisions are established to promote orderly and efficient division of e infill development and meet f�c e�nt jots on a small scale, promot requirements while providing an g undue burdens on the subdivider and review process, avoiding placin complying with the purpose of this chapter and the provisions of RCW 58.17.060 et seq. Sec. 12.04.1 3. Pur o e of SubdiM ions. The rocedures _i_i!_L...d 4— oncllrP nuality development 22 Subdivision Code Update Chapter 12.04 KCC ro er use of land protects the public health safety, general welfare and aesthetics of the city; makes adequate provisions for public facilities in conformance with provisions set forth in KCC Title 15 Zonin Title 6 Public Works Title 7 Utilities and the Kent comprehensive plar,, and complies with the provisions of this chapter and chapter 58.17 RCW. Sec. 12.04.105. Scope of Short Subdivisions. A. A Type I short subdivision is defined as aAny land being divided into four (4) or less parcels, lots, tracts, sites or subdivisions, any one (1) of which is less than twenty (20) acres in size and which has not been divided in a short subdivision within a period of five (5) years, 13. A Type II short subdivision is defined as any land bein divided into more than four 4 and less than ten 10parcels, lots tracts sites or subdivisions, any one (1) of which is less than twenty (20) acres in size and which has not been divided in a short subdivision within a period of !. five (5) years. C8. No application for a short subdivision shall be approved if the land being divided is held in common ownership with a contiguous parcel that has been divided in a short subdivision within the preceding five (5) years. Serial subdivision of contiguous parcels in the same ownership is defined as `piggybacking' short subdivisions and is prohibited unless the subject property has received master plan approval by the city through a rezone, planned unit development, or other hearing process, ` qhAFt q1ihdiv1qien9 shall bem hied. Such short subdivisions must be Iconsistent with the approved master plan. Short subdivisions may not be further divided in any manner within -4 nF Fi„n fn\ Iroarc ia,if-hniif fnllnvainri thp nrnrinHiin-c fnr Cllhr1hd-,innG. 23 Subdivision Code Update Chapter .12.04 KCC subdivision from filing an alteration within the five 5 year period to create up to a total of nine lots. Sec. 12.04.107. Scope of Slibdivisions. A. Any land being divided into ten 10 or more parcels, lots tracts sites or subdivisions any one -.(1) of which is less than twenty 20 acres lin size, or B. Any land which has been...previously divided under the short subdivision orocedures within the precedin five 5 ears; or C. Any land which is held in common ownership with a contiguous. parcel divided under the short subdivision procedures within the preceding five S ears shall conform to the subdivision procedures and requirements of this chapter. Sec. 12.04.115. Application procedures. An application for a type ! short subdivision consists of flive 5'1 separate slmv� the following steps: 1. Preparation of the tentative plat of the proposed hort subdivision, and submission of an application fora pre -application conference; 24 Subdivision Code Update Chapter 12.04 KCC z Review of the tentative lat for re -a plication conferece of a s'i e cit and convene a meetin with the cit resultin in the Assuan -e-a lication conference Summar fetter• 4 d srubmission of the preliminary plat of the 3-2. Preparation an ro osed subdivision to the hearin examiner fora ublic hearin and ecision or re aration and submission of the reliminar l -at of the ro osed short subdivision to the short subdivision committee or a public meeting and decision; Installation or bonding of improvements according to the 4-3,re uirements approved preliminary subdivision or short subdivision �� Q and satisfaction of all plat conditions; 54: Submission of the subdivision final plat to the city council for r.:._,1 in � a rovai or the short subdivision committee chairmanfor a royal; e _Recordation of the approved final plat in the office of the King 6.5 County department of records and elections. Sec, 1 2. 04.117, Pr -a lictionr vi w. i-ontat'ivP. short subdi islon Ila shall be filed with eiannu _a lication meet -n is re uired for all bdivisions and onl for T e I short review. The scale and information inn anti the number of co les to be filed 25 Subdivision Code Update Chapter 12.04 KCC It, C1 1. LG11u . �. A meetin on the tentative lat shall be hates receive co ies of b lannin services other cit de artmentsRfecommend at! ons b of the then, tentative lat and the subdivider• tentative lat should be discussed various de artments for revision of the at such meetin These recommendations and otential conditions of approval of thea Iication shall be recorded in writin and mailed to the subdivider blannin services, p, The recom mendations of the cit de artments shall be based on whether the tentative lat is. _ In conformance with the ur ose and re ulations of this 1 � chapter; 2. In conformance with fire safet re mations' 1 Ian and In conformance with the trans ortation master 3. a ro riate desi n and construction standards established for the area in which the subdivision or short subdivision will be deveoghed'ut�lit fans for 4, in conformance with sewer water and the area and �5 .. Not detrimental to the natural environment or its J�surroundin s, Sec. 12.04.119. Sub ivu i n in ha e . 25 Ina teased subdivision ranted for the entire e the se crate divisions inar a rovaf shalt be Subdivision Code Update Chapter 12.04 KCC a A V c Sec. 12.04.120. Preliminary ubdiviS n or short subdivision pplication. ubdivision or short subdivision shall be made to Application for a s sermon the forms supplied and in the number le -planning f copies prescribed by that division' The prelim-inary Plat or short �p tat shall be a neat and pp roximate drawing on reproducible material at a decimal scale. The plat nap shall measure t :��.� eighteen (18) inches by twenty-t�defour (24-2) Inches, a� TITfI I G k 7 \.+4] u� � •••• )e in accordance with Chapter 332-130 WAC and shall include: 1. The subdivision or short subdivision name; the name and ner - ander if one has been em to ed in the re aration of address of the ow ,�, the a plication,_the name ate -address and Stam With sic nature of the nrofe� lI licensed land surveyor and engineer; ion, a north arrow, e 2, The date of preparat legal description of the property to be subdivided and a �drawin com feted in an appropriate decimal scale; lines 3, The location of existing and proposed platted property f and existing section lines, streets, structure5,btW4iI' watercourses, railroads, bridges, wells, and any recorded public or private utility or -H F -street easements, both on the land to be subdivided and an the adjoining lands that abut the proposed subdivision, for a distance of one hundred (100) feet from the edge of the subject property; dimensions of 4, The names, locatjans, widths and other ater and critical area tracts easements, proposed streets, alleys, stormw traffic calming features and devices, parks and other open spaces, reservations and utilities; 27 subdivision Code Update Chapter 12.04 KCC 5. The acreage of land to be subdivided; the number of lots; the area of each lot,.; and the approximate square footage and approximate percent of total acreage in open space; 0. The approximate dimensions of each lot; 7. Flow the proposed subdivision will be served by utilities and the location of sanitary sewer, domestic and—water,-44+ es and storm drainage lines and facilities; 8. All existing structures and distances from any existing and proposed lot lines within or abutting the short subdivision within a distance 11 of fifty Lwone hundred 100 feet; 9. Sufficient to o ra hic data to accurately locate an critical areas that may affect future development, and show contours not less 3 and be than two feet 10. Provisions for sidewalks, placement or construction of traffic calming features and devices, and other ping-features that assure safe walking conditions for students who walk to and from school, users of public transit and other pedestrians; 11. A statement of soil type, drainage conditions resent landscaping 'including a description of any natural or manmade land cover wildlife present and any be res,ribed by planningservices and applicable citcodes• and 124�. All of the information requested on the application form by l�t-h-e-planning direet&rseryices. r � " — r —Gomm i G 28 Subdivision Code Update Chapter 12.04 KCC -- . G -61 �-ALZI • -err-s!• _--�_G_s _. _ _ - i - _ i - - r r � _ r - RN - r -err-s!• _--�_G_s _. _ _ - i - - r G OF ■ i _ - i - i OPMENRIII!�1 i • - r ■ a 29 Subdivision Code Update Chapter 12.04 KCC - i - i OPMENRIII!�1 i • - r ■ a 29 Subdivision Code Update Chapter 12.04 KCC f i Sec. 12.04.136. Vesting. A proposed division of land shall be considered under the requirements of this chapter and the zoningand other land use regulations in effect on the land at the time on h at preliminary p}�application fora subdivision or short subdry � as defined in this chapter, has been determined to be en accepted by the city of Kent, pursuant to KCC complete and has be 12,041.100. Sec. 1.2.04.140. Notice of application, Thea licant shall lace at least ane ublic notice board on the ra ert to be subdivided. The nn the nrooert as directed b tannin 30 Subdivision Code Update Chapter 12.04 KCC r � � M w _ MW -SN - + ■ f i Sec. 12.04.136. Vesting. A proposed division of land shall be considered under the requirements of this chapter and the zoningand other land use regulations in effect on the land at the time on h at preliminary p}�application fora subdivision or short subdry � as defined in this chapter, has been determined to be en accepted by the city of Kent, pursuant to KCC complete and has be 12,041.100. Sec. 1.2.04.140. Notice of application, Thea licant shall lace at least ane ublic notice board on the ra ert to be subdivided. The nn the nrooert as directed b tannin 30 Subdivision Code Update Chapter 12.04 KCC more than one ublic street or has more than one potential access route oneublic notice board shall be laced on the ro ert ad scent to each street or otential access route. A notice of application shall be issued for j land se re ation applications within fourteen (14) pp calendar days after the city has made a determination of completeness, wand at least fifteen (15) calendar days prior to the short subdivision committee meeting date for short subdivisions or the public In 3ring for subdivision a pplicatiQns. The notice of application shall include the tentative date of the public meetin or ublic hearin and shall be mailed, published and posted on the same day, in the following manner: IA. The city shall publish the notice of application in a newspaper of general circulation within the city. -2B. The city shall post the notice of application on the public notice board(s) placed on the property and shall also post the notice of application at Kent City Hall and in the register for public review at the planning services office. 3C. The city shall mail the notice of application listing the date of the short subdivision committee meeting, or the date ofublic hearin for subdivisionsLto the applicant and all owners of real property as shown by to yhan e records of the county assessor's office within two hundred (200) feet f portion of the boundary of the proposed short subdivision and within 300 feet of an ortion of the boundaryof the ro osed subdivision. in addition, if the property to be short subdivided abuts parcels greater ". than two (2) acres which have other properties abutting them, these additional properties shall also be mailed a notice of application. 4D. The city shall mail or send the notice of application to all agencies with jurisdiction, city departments, and to any person who requests such s notice in writing.I 31 Subdivision Code Update Chapter 12.04 KCC §E, One notice of application shall be d-enaEeaared for all permit applications related to the same project at the time of the earliest complete project permit application. Sec. 12.04.145. Referral of preliminary su diviision a�short subdivision applications. Upon determination of completeness of an application for a subdivision or short subdivision, planning depaAffiefft services shall distribute co les of the application to eaeh member of the she materials for review and comment to all city departments with Jurisdiction over the a lication and to any other department or agency deemed necessary. For short subdivisions P one 1 co of the plication materials shall also be sent to each member of the short subdivision committee. The application shall be distributed tranFtt at least fifteen (15) calendar days prior to the short subdivision committee meeting or public hearing. Sec. 12.04.150. Notification of agencies. A. The city shall mail a notice of application to all agencies with jurisdiction over the subdivision or short subdivision application, Such notice shall include the hour and location of the short subdivision committee meeting or subdivision public hearing_and a description of the property to be platted. A copy of the plat and the application materials V shall be provided to agencies as deemed necessary or if requested by the agency. B. Notice of application for a preliminary subdivision or short subdivision, adjacent to or within one (1) mile of the city boundaries or which contemplates the use of King County's or any other city's or town's utilities shall be given to the appropriate county, city or town authorities. 32 Subdivision Code Update Chapter .2.04 KCC C. su fe ad 01 P_ IP T r f a proposed subdivision is located adjacent to the right-of-way of a bdivision or short s ral or state highway or within two 2 miles of a state or munici al e otice of a lication shall be given to the State Department ort then n ortation. such notice shall include the hour and location of the Transp ablic meeting or hearing, a legal description of the The Department of ro ert bein subdivided and a location map. calendar days after receiving the ransportation shall, within fourteen (14 ) -- a statement of any otice, submit to tete--p fanning ser_. Vices department deems to be relevant about the effect of '4 iformation that the p proposed de� ent upon the legal access to the he prop an --the 'tate highway, the traffic -carrying capacity of the state highway.,, safety of the users of the state highway•. or Altair ort. Sec. 12.04.155. Public eetL hearin notice. given in Notice of the short subdivis q ion committee meeting --shall be the following manner: The date of the short subdivision committee meeting shall be with listed on the notice of application, which shall be mailed in a as shown } CC 12.04.14o to the applicant and all owners of real property 1K records of the county assessor's office within two hundred (200) by the osed subdivision. In portion of the boundary of the prop feet of any p greater than the property to be short subdivided abuts parcels g 1 addition, if p them, these additional properties abutting two (2) acres which have other prop I:cation. Seven 7 calendar properties shall also be mailed a notice of ll rthe cit shalt mail da s rior to the short subdivision committee meetin subdivision committee a enda and staff re ort s to the the short subd erson wha rovided a licant all owners of the real ro ert and an written comments on thea iication. L .,r,nri fnr a subdivision shall be iven in the 33 Subdivision Code Update Chapter 12.04 KCC 1. The notice of public _hearing shall be malled ublishedand posted on the same daV not less than ten 10 calendar da xior to the Hearin date. 2, The cit shall ost the notice of ublic hearin on the ublic iotice boards on the ro ert . 3, The city.shall publish the notice of ubllc hearin in a sews a er of cieneral circulation within the cit . 4, The cit shall mail a notice of ublic hearin to thea licant any person who submits written comments on an applicaltion and all owners of real '111"opertilt as shown b f the records of the county assessor's office within three hundred 300 feet of an ordonof the boundar of the proposed subdivision. if the owner of the real ro ert ro osed to be subdivided also owns anotherpa-cel or parcels of real proRarty whichlie adjacent to the real Propert, ro osed to be subdivided the notice shall be mailed to all owners of real rAli located within three hundred 300 Public hearing, the city shall mail the Oubiic hearin a enda and staff report s to th e applicant all owners of the real Dropert and an erson who provided written comments on thea lication. Iwho 34 Subdivision Code Update Chapter 12.04 KCC I l le shall 1 Sec. 12.04.160. Public comment. Affected agencies and the rublic shall have a fourteen (14) calendar day period to comment on a tiotice of application. An agency and the u�_,bl[c are +s -presumed to have no :omments if comments are not received within the specified time period. rhe planning d+r t n ana er may grant an extension of time only a lication involves unusual circumstances. Any extension shall not be pp granted for a period longer than three (3) additional calendar days. The The fourteen (14) day public comment period begins on the date the notice of application is mailed, posted and published. TI-re-pP_lanning depeftmeflt-services must receive all public comments by 4:30 p.m. on the ��eriod. Comments may be mailed, personally hast day of the comment p delivered, or sent by facsimile ore -mail. Comments should be as specific as passible. The short subdivision committee or hearing -examiner shall not take action on a short subdivision or subdivision application until after the comment period has passed. Sec. 12.04.165. Agency recommendations. At the time of the preliminary short subdivision or subdivision +a applicat!on, written evai jdenial in the form of a (recommendations for approval or icate of water or sewer availabilit must be submitted from the health llcert�f proposed means of sewage agencies responsible for approval of the disposal and/or water supply, regarding the general adequacy of the proposed means of sewage disposal and/or water supply. The applicant is 35 Subdivision Code Update Chapter 12.04 KCC -esponsible for submitting the appropriate application forms to the Seattle - health age c and for paying any the health review fee. Sec. 12.04.170. Short subdivision committee. �. The short subdivision committee shall consist of the planning jireetefmanaaer, who shall be chairman; the director of parks and }ecreation; the director of public works; the fire chief; and a land use and planning board member. Each committee member is authorized to designate an alternate to attend in their absence. A designated alternate shall have full voting power in the short subdivision approval process. B. At least Tthree (3) of the five (5) members of the short subdivision committee must be present in order for the committee to take any action. 1 Sec. 12.04.175. Short subdivision preliminary plat meeting. A public meeting attended by the applicant or representative and the short subdivision committee members shall be held within forty (40) calendar days of the determination of completeness of the application in compliance with and subject to the requirements of K 12.01.100 and 12.01.110. The meeting shall be open to the public. Sec. 12.04.177. Public hearing. A. The hearIna examiner shall hold an open recor public hearing in com fiance with KCC 12.01.160 on an subdivision reliminar lat within one hundred 100 calendar days of lanning services' determination of_a ...�.� miieni-inn in r,mmnlianr:P with, and subject to the re uirements A record of the public hearing shall be kept by the cit and shall be Sec. 12.04.180. Approval criteria. 36 Subdivision Code Update Chapter 12.04 KCC G Q ision or short subdivision and dedication shall not A proposed subdiv approved unless the city finds that: 1. Appropriate provisions have been made for: € a. The public health, safety and general welfare of the community; b. habitat; C. d. e. necessary; f. I systems; Protection of environmentally sensitive lands and Potable water supplies; Sanitary wastes; other public utilities and services, as deemed Dfa4klgewaYsStormwater facilities and con, ante o ens aces Co nguDnity parks and recreation Nei hborhood tot lots and recreation areas Schools and schoolrounds- Transit sto s' Connectivity of streets,read alleyways and other 1private and public ways for vehicular and nedestrian �twe m subdivisions and nei hborhoods, where feasible; l m1=r. Connectivity of sidewalks, pedestrian pathways, traffic I — y features that assure safe calming features and devices, and other walking conditions within and between subdivisions and neighborhoods for residents and students who walk to and from school, parks, transit stops and other neighborhood services; le-famil residential zonin districts^ buildin lots n. In sin 37 Subdivision Code Update Chapter 12.04 KCC II! {z ortion of the lot accessed via a common driveway between lot—s,--Or —aside ccess garage; ora ara a accessed via a rear aIle ora ara e set back j 10 less than ten 10 feet from the front fa ade of the home or other k lesi n strate ies which similar) diminish the rominence of the ara e ind are approved by -the Planning manager. Lots and streets shall be ;onfi ured such that at least two 2 of these o tions are su orted in ;ach new development; o. In sin le-famil residential zonin districts landsca e )ufferinc alonci all frontage streets of the subdivision that do not rovide :he new lots with direct vehicular access, 2. The city has considered all other relevant facts; and I The public use and interest will be served by the platting of such subdivision or short subdivision and dedication; and 4. The city has considered the physical characteristics of a proposed subdivision or short subdivision site and may deny a proposed plat because of flood, inundation, or wetland conditions; slope, or soil stability and/or capabilities. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat. B. Dedication of land to any public body, provision of public improvements to serve the subdivision, and/or the imposition of impact fees may be required as a condition of subdivision approval. Dedications shall be clearly shown on the final plat. shall be Sec. 1.2.04.185. Decision on ,prelimin Mshort subdivisions. A. The decision of the short subdivision committee shall be made at the short subdivision committee meeting, eaNedThe meeting may be continued if no decision is reached at the first 38 Subdivision Code Update Chapter 12.04 KCC -reeting and additional information is needed. The seeafd-continuation of he meeting shall be set for the next scheduled short subdivision ,ommittee meeting or a date mutually agreed upon by the subdNqdIef Wolicant and the short subdivision committee. E 3. The city shall make written findings on the short subdivision Ipproval criteria. The applicant., owner, and all parties of record shall be notified in writing of the committee's decision and shall be provided with a ;opy of the committee's findings addressing its reasons for approval or denial. C. The short subdivision committee may approve, approve with modifications and conditions, or deny the application for a short subdivision. p. If modifications are deemed necessary by the short subdivision committee, they may be added to the original short subdivision plat or a new short subdivision plat may be required. E. An applicant may request that an application previously denied or aooroved with conditions ; , be reopened by the committee if it is found by the planning d+reete-r-mana er and the applicant that new information has come to light that might afFeet--modif the actions previously taken by the short subdivision committee. F. In case of a denial by the short subdivision committee, any appeal made shall be to the hearing examiner in accordance with KCC 12.04.190. New information may be presented during hearing examiner consideration of the appeal. 39 Subdivision Code Update Chapter 12.04 KCC Sec. 12.04.190. Appeal of short subdivision committee leclsion. The decision of the short subdivision committee shall be final, finless an appeal by a party of record is made to the hearing examiner vithin fourteen (14) calendar days after the short subdivision committee's Decision. The appeal shall be in writing and shall be processed pursuant to ,h. 2.32 KCC and Ch. 12.01. KCC. The decision of the hearing examiner ;hall represent final action of the city and is appealable only to the Superior court. Sec. 12.04.192. De isi )n on reli inar sub ivis' n A. The hearing examiner ma a rove approve with modifications and conditions or denthea lication fora subdivision. B. The final decision of the hearing examiner shall be rendered within ten 10 wo_rkin2 das followin the conclusion of all testimon and hearings unless oeriodis mutualla reed to on the record—by the applicarLand the hearing examiner. C. The city shall provide a written notice of decision b the hearin decision and shall include findin s _and conclusions based on the record and a proval criteria to s-upport the decision. D. A art of record ma make a written request for reconsideration of the decision by the hearing examiner within We 5 working days of the date the decision is rendered ursuant toKCC 12.01.160 F . Sec. 12.04 193. City council closed r cord a eal. Thg ;de ision of he hearing examiner sh ll be final, unless an a eal is calendar days following the issuance of the notice of d cisi n a d in ccordance with t e re uirement of KCC 2.01 195. The.anneal 40 Subdivision Code Update Chapter .12.04 KCC No new evidence may be presented. The decision of the city council shall represent final action of the cLty and -is appealable only to sLlDeri01 Court. Sec. 12.04.195. Appeal to superior court. The decision of the hearing examiner is final for short subdivisions and the decision of the cit council is final for subdivisions; unless it is appealed to the superior court, Such appeal must be filed with the superior court within twenty-one (21) calendar days from the date the decision was issued. Sec. 12.04.200. Property annexed to city with shop preliminary plat approval from King County. A. In instances where property annexed to the city has received subdivision or short subdivision preliminary --plat approval from King County prior to annexation, tli—,planning services ,epartngent of—public works department, fire department and building department parks and community services department shall review the plat. City plan check review and inspections shall be subject to fees, which are on file in the city clerk's office. B. The density, lot size and dimensions, and the provisions made for open space, drainageways5stormwater facilities and conveyance systems, streets, alleys, public ways, water, sanitary wastes, parks, playgrounds, sites for schools and school grounds, and those conditions imposed by King j County need not comply with the requirements of KCC Title 15, Zoning, or the Kent desicin and construction standards. These plats are to be developed in accordance with county standards in effect at the time of vesting of the preliminary plat application in the county. C. The preliminary plat shall comply with the King County regulations pertaining to expiration of the preliminary plat that were in effect on the date the application vested. The date of approval will be that date on which King County approved the preliminary plat. 41 Subdivision Code Update Chapter 12.04 KCC D. sh VE li A It The rocedures for type�subdivision or short subdivision final plats p effect at the time Of all be those county procedures and regulations in Wi stir of the preliminary t -application in the county. g Sec. 12,Q4,205. Installation of improvements or bonding in au of improvements. shalt be required before a The following tangible improvements METy- je-finalfat or final short plat is recorded: 1. Is re uired b the conditions of a royal; 2, All improvements are to be made pursuant to specifications 'l the public works department and standards of -cit code, approved by p with�u�the current edltlon of the De and in accordance si n and standards of the city. � responsible for ublic works department shall be resp The rovements �the supervision, inspection and acceptance of all subdivision imp ssessed in accordance e the subdivider a flee that has been a land shall charge er--aa-subsequcntiy with KCC 6,00.0108rd-► q99 as enacted amended or re laced. o s to Proceeding with subdivision--orhrt subdivision C. Prior p application for such per from improvements, the subdivider shall make required. The applicant is also responsible for the city as are ��-4--- i permit requirements of other federal, state and local ` complying with al p lagencles, 42 Subdivision Code Update Chapter 12.04 KCC lat or short Ip at shall be recorded until all D. No i:y�e��roved by improvements are constructed in a satisfactory mannerthe � itph as been the responsible departments or a bond approved by Y If a developer wishes to defer certain posted for deferred improvements. �--s+te--improvements, written application shall be made to the • tanning ser stating the ublic works de artment and p roved, the reasons why such delay is necessary. 1f the deferment is app bond or assi nment of funds to the developer shall furnish a city in an amount equal to a minimum of one hundred fifty (150) percent of the estimated cost of th-e-all required public and ateimprovements ;4 ublic works remainin to be constructed. The decision of the ve desi Hees as to the 1 director and planning d�etemana er ar res ecti Such bond shall list the ' amount of such bond shall be finaleeei� and shall e�c-�--work that shall be performed by the develo er�t that all of the deferred improvements be completed within toe- lfffe 1 specify . I one (1) year after recording of the ' subdivision or short subdivision. The band shall be held by the ublic works de artment. The a substitute a certified or cashier's check or assignment of developer may funds in lieu of a bond. Such check or assignment shall be 1 made payable to the city of Kent and shall be in the same amount as the bond it is substituting. At the discretion of the ublic works director, an assi nment of funds _Mn be re uired for all ora ortion of the bond amount. cit reserves the right, in addition to all other remedies �. The Y in available to it by law, to proceed against such bond or other payment lieu thereof. In case of any suit or action to enforce any p rovisions of this l developer shall pay the city all costs incidental to such (chapter, the p applicant shall enter ' ll itigation including reasonable attorney's fees. The app fees. 1 into an agreement with the city requiring payment of such attorney's 43 Subdivision Code Update Chapter 12.04 KCC s e uirement of the posting of any performance bond or other security ,te req applicant, his heirs, successors and assigns. gall be binding on the ublic works department shall notify the-planning The completed the serv_verifying that the developer has provisions of required installations and/or bonding in accordance with the the specifications and standards of the departments. Toe this chapter and p the developer advising him to Planning serv_� ices shall notify ation of the short lat or final fat when the proceed with record approved -_or adequate required improvements have been installed and approf this section• as rovided in subsection (D) ecurit has been posted p s Y Sec. 12.04.21.0. Filing the final t -Plat' k,, n nrnfPSslonal tina� �aL U, k. A and surveyor licensed in the State of Washington based on the Vash1n _ton State Plane Coordination S stem and be submitted to planning services along with all forms required and with the number o originals and copies requested. final Oat or final short plat submitted for filing �ikB The ha ter 58.09 �. (shall com I with the conditions of reliminar a royal and C 1 ter W�G-332-.1.30 WAG and Cha ter �� 58,17 RCW. be -t-" �RCW Cha bt I l 1 The original awin shall be in blade ink on mylar or photographic mylar, - PA r 44 Subdivision Code update Chapter 12.04 KCC 1 IV4. III 14J 1-/ 1u 1 Y 1111 u l vlw [ rte. ­ I mal. ' c the hundredth „F fi �. �E-�'�'i�f�iEi�`sl'C3'Ft's�$-�rr�--a7Cu�Ga� �Pn" feet, vv� 1 I— u l i -1 1 n 1.zj � 11 1 u _.j i ­' 1 1 a.l j I — r •.,+ X 1 1 ....­ -1 include ceerdi tem nearest e (5\1 a 7 JJC. L.LI IU.7, ■ r G r r omil .__ rte,-�isu�rs�aawuir.aua■stw�■i i�a.►a1� 0 45 Subdivision Code Update Chapter 12.04 KCC r � r ■ � � � � � � ■ � - _ : � � _ 111 !r ■ r _ _ _ i i _ �� � Iii■ i - 1 IV4. III 14J 1-/ 1u 1 Y 1111 u l vlw [ rte. ­ I mal. ' c the hundredth „F fi �. �E-�'�'i�f�iEi�`sl'C3'Ft's�$-�rr�--a7Cu�Ga� �Pn" feet, vv� 1 I— u l i -1 1 n 1.zj � 11 1 u _.j i ­' 1 1 a.l j I — r •.,+ X 1 1 ....­ -1 include ceerdi tem nearest e (5\1 a 7 JJC. L.LI IU.7, ■ r G r r omil .__ rte,-�isu�rs�aawuir.aua■stw�■i i�a.►a1� 0 45 Subdivision Code Update Chapter 12.04 KCC f. e 1IJ 4179 U 9 0 0 Id t addition to other requirements as specified in this section, the $, Ina accompanied by the � nal plat or final 51-101-1—P-1-ashall contain or be allowing f 1, Si na Lire of the owner of the ro ert on the face of the final fat or final short lat m lar 2 A n otarized certificate of the owner, contract urchaser, tanto r of a deed of trust or other holder of beneficial title to the ro ert I k.i.el g11h vii ed indicatin that the subdivision or short subdivision is 46 Subdivision Code update Chapter .2.04 KCC a— W- — addition to other requirements as specified in this section, the $, Ina accompanied by the � nal plat or final 51-101-1—P-1-ashall contain or be allowing f 1, Si na Lire of the owner of the ro ert on the face of the final fat or final short lat m lar 2 A n otarized certificate of the owner, contract urchaser, tanto r of a deed of trust or other holder of beneficial title to the ro ert I k.i.el g11h vii ed indicatin that the subdivision or short subdivision is 46 Subdivision Code update Chapter .2.04 KCC IN YJ ro ert ; I Certification by the responsible health agencies that the nethods of sewage disposal and water service are acceptable; 44. Certification by the public works department that he subdivider has complied with either of the following alternatives: a. All improvements have been installed in accordance vith the requirements of these regulations, or b. Certain improvements have been deferred according to CCC 12,04.205 (D), deferred improvements; 5. The subdivider shall furnish the city a current plat or short )lat certificate or title report from a title insurance company, produced no -nore than forty-five (45) calendar days prior to final plat or final short plat application, that documents the ownership and title of all interested parties in the plat or short plat, subdivision, short subdivision_Lor dedication and that lists all liens and encumbrances. The legal description in the title report shall be identical to the Fnetes and bounds legal description on the face of the plat or short lat. The city reserves the right to require updates of the certificate or title report at any time prior to signing the final plat or �inpl rhnrtt nlat by the short subdivision committee chairman_ b. Any person signing for a corporation must provide ientatlon that shows the have the authorit to execute on behalf of id corporation; 47 Subdivision Code Update Chapter 12.04 KCC 76, Copies of any restrictive covenants as may be used in the ubdivision or short subdivision; 8�. Certification of approval to be signed by the King County ssessor; 9$. Certification of approval to be signed by the King County ecorder. 10. Certificate of approval bt the chairman of the short subdivision committee; 11. Co les of any b laws for a Home Owner's Association if -reated. G. All subdivisions and short subdivisions shall be surveyed by a land surveyor licensed in the state of Washin ton. All e)(t-e4of-10t tract arcel and rig.ht-of-WaY cornera ander angle points shall be set . in accordance with Cha ter 58.09 RCW. Street monuments used -shall be in accordance with city of Kent desi n and construction standards and shall be installed per those same standards. Sufficient intervisible monuments shall be set to insure that an ro ert within the subdivision or short subdivision can be readil resurveyed at a later time or as ma be s ecified bthe pub,lic works de artment. All final plats and final short plats shall be based on at least r on E$, If any utility companies and/or utility districts have existing easements within the proposed plat or short plat, the p+attar-a llicant or its assigns shall have these easements removed or shall have their rights 48 Subdivision Code Update Chapter 12.04 KCC jsubordinated to the city of Kent if they fall within dedicated rIght-of-way right—of—wayor FE. The final plat or final short plat must be submitted to t -ht -planning departngefft7services for review as to compliance with all terms of the preliminary approval of the pFepesed subdivisi n aF dedleation; terms of bonding or the completion of all improvements; and completeness and accuracy of survey data and platting requirements. G -F. Before a final short plat is filed with King County_, itf-inal-eq-- shall be signed by the chairman of the short subdivision committee when the plat is determined to be in compliance with all applicable short subdivision platting requirements_ and befeFe it is filed with King Geunty. After all final plat conditions for a subdivision have been met; Before the final plat of a subdivision is submitted to the city council, I be si ned by the city engineer and plannira manager. After the Cr An approved short •"-' v•����� final plat or short plat shall be filed )r record On the office of with the King County auditor and shall not be eemed approved until filed. 4. A conformed copy of the recordedlag t or short plats shall be filed ith t4e—planning services and there-setof the eFlgi - -Y[ar shall be filed with the depaft,Ment ef public works department. Sec. 12.04.215. Short subdivision preliminary plat I piration. Short subdivision preliminary plat approval shall lapse four 49 Subdivision Code Update Chapter 12.04 KCC preliminary plat approval unless a final plat .) years from the date of p Y the cit preliminary d and approved by Y used on the p plat has been reviewefor those preliminary short addition, id recorded with King County. in ae date of this .ibdivision approvals that have not expired as of the passage additional rdinance, their expiration period shall be extended two (2) f a four (4) year expiration period from the time of ears, for a total o ►reliminary approval. Sec. 12.04-220. Limitations on further subdivision of sh land subdivided under the requirements for a short Lub�divisio s. Any , ears period of five () Y subdivision shall not be further divided orexcept that when the without following the procedures for subdivisions, nine parcels, nothing in this short subdivision contains fewer tha�lefe-t*� chart subdivision from filing section shall prevent the owner who to a total of f-et� an alteration within the fiVe (5) Year period to create up nine lots within the original short subdivision boundaries. Sec, Subdivision Code Update 50 Chapter 12.04 KCC Kase of the subdivision. Sec. 12.04.223. D ci ion on u d'vi io final 0 :he next The cit 3blaiir Cant is ofthe the, Sec. 12A4.22 7'S. Procedure for alteration of a tie subd____ vision short subdivision. subdivision or short If an applicant wishes to alter a te-J� ub division or any portion thereof, except as provided in KCC 12.04.230, hat person shall submit an application 'cation to ire --planning depafVftefft ,ervi�es requesting the alteration. The application shall contain the ;ignatures of all persons having an ownership interest in lots, tracts, )arcels, sites or divisions within the subdivision or short subdivision or in :hat portion to be altered. 51 Subdivision Code Update Chapter 12.04 KCC B. The planning manager shall have the authority to determine whether the ro osed alteration constitutes a minor or major alteration. Major alterations are those which substantiallychange the basic desi n density, open space, or other similar requirements or provisions. BC. 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 _Mportlon thereof. EGD. 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 e�manager and the public works director. A major plat or short plat alteration shall require consent of the short subdivision committee for short subdivisions or the hearin examiner for subdivisionsr after public notice and a public meeting or hearing is held. T+e—pPlanning 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 plat -subdivision application. The planning diFectei�—manager shall have the authority to determine whether the proposed alteration constitutes a minor or major alteration pursuant to section 12.44.227.B. 3E. If the alteration is requested after final plat or Inal short -plat review and signature, but prior to filing the final p+at—Ip at or 'inal short plat with King County, a plat or short plat alteration may be approved with consent of the short subdivision committee for short ;iihriivic-inns or the city council for subdivisions. Upon receipt of an 52 Subdivision Code Update Chapter 12.04 KCC 1pplication for alteration, fie -planning services shall provide )otice of the application to all owners of property within the subdivision or >hort subdivision, all parties of record and as was required by the original jhoq-p4aapplication. The notice shall establish a date for a public meeting Dr hearin . EF, if the alteration is requested after filing the final plat or final short lat with King County, a minor plat or short lat alteration may be approved with consent of the short subdivision committee in the case of short subdivisions or the city council for subdivisions. If the planning d+Fe-manaer determines that the i proposed alteration is a major alteration, urtion 12.g4.227.8 suant to sec then the planning dweet-Mana er may require repiatting pursuant to this of an application for alteration, die --planning chapter. Upon receipt services shall provide notice of the application to all owners of { 1qproperty within the subdivision or short subdivision, all parties of record, re s uired by the subdivision or short subdivision plat as wa,and application. The notice shall establish a date for a public meeting or FG. The cit 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. AFH, After approval of the alteration, the cit 'n of the approved drawi pp shall order the applicant to produce a revised g alteration of the subdivision or short subdivision, which after signature of 53 Subdivision Code Update Chapter 12.04 KCC the chair efthe - haF subdivision corn n9ittee, the final plat or final short plat shall be filed with theKing CountX to become the lawful plat or short plat of the property. HI. This section shall not be construed as applying to the alteration or replatting of any plat or short plat of state -granted tide or shore lands. Sec. 12.04.230. Procedure for vacation of a type --1 subdivision or short subdivision. A. Whenever an applicant wishes to vacate a type —1 subdivision or short subdivision or any portion thereof, that person shall file an application for vacation with th-e—planning departm services. The application shall set forth the reasons for vacation and shall contain signatures of all parties having an ownership interest in that portion of the subdivision subject to vacation. B. If the sheFt subdivisiondevelopment is subject to restrictive covenants which were filed at the time of the approval oT the—s bion, and the application for vacation would result in the -a violation '. of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the vacation of the subdivision or short subdivision or portion thereof. C. When the vacation application is specifically for a city street or road, the procedures for street vacation in Ch. 6.09 KCC shall be utilized followed for the street or road vacation. When the application is for the vacation of the plat or short plat together with the streets or roads, the procedure for vacation in this section shall be used but vacations of streets may not be made that are prohibited under state law. T#eP-planning services shall give notice to all owners of perty within the subdivision or short subdivision, and all property 54 Subdivision Code Update Chapter 12.04 KCC owners within two hundred (200) feet of short subdivision boundaries,--a--ll property owners within three hundred 300 feet of subdivision boundaries, and to all applicable agencies. The short subdivision committee shall conduct a public meeting in the case of short subdivisions and the hearina examiner shall conduct a public hearing for subdivisions if the requested vacation does not involve a public dedication. The city council shall conduct a public hearing on the application for a vacation if the request involves a public dedication. The application for vacation of the hurt subdivision may be approved or denied after the city has determined the public use and interest to be served by the vacation-ef Ithe- short subdivision. If any portion of the land contained in the s-har bdiyisjon ro osed vacation was dedicated to the public for public use or benefit, such land, if not deeded to the city, shall be deeded to the city unless the city council sets forth findings that the public use would not be served in retaining title to those lands. E. Title to the vacated property shall vest with the rightful owner as shown in King County records. If the vacated land is land that was dedicated to the public, for public use other than a road or street, and the city council has found that retaining title to the land is not in the public interest, title thereto shall vest with the person or persons owning the property on each side thereof, as determined by the city council. When the road or street that is to be vacated was contained wholly within the hort subdivision and is part of the boundary of the hort subdivision, title to the vacated road or street shall st with the owner or owners of property contained within the vacated ubdivision. F. This section shall not be construed as applying to the vacation of any plat or short plat of state -granted tide or lands. Sec. 1.2.04.235. Standards for the subdivision of land and ny dedications. 55 Subdivision Code Update Chapter .12.04 KCC nd policles including but not limited to: 1, Cha ter 58.17 RCW subdivisions 2. Cha ter 43.21C RCW SEPA 3. City of Kent Title 6 ublic works 4. Cit of Kent Title 7 utilities 5. City of Kent Title 1 renvironmental mana ement 6. 111 1 ty of Kent Title 13 fire revention and prot action 7. Cit of Kent Title 111111 tannin and land develo ment g. Cit of Kent Title 15 zonin g. Citv of Kent Comprehensive Plan 10, King Count i Board of Health rules and re Mations B. All im rovement3 shall be constructed in accordance with the city,`s design and construction standards as hereinafter amended. iteria Sec. 12.0__ Q. COnnec-t- ty The followin oats and cr IA, Increase throu h -connections to adjacent subdivisions and activity Subdivision streets should connect throu h to serve adjacent 62. Cul-de-sac streets of the subject subdivislon should provide e3. Subdivisions should orovide continuous sidewalks on both 56 Subdivision Code Update Chapter 12.04 KCC B. Provide streetsca in im rovements. should be included in the . Vehicular traffic calmin elements ubdi_ visi°n_ b. Plantin stri s ani medians should be included in the ;ubdi�vision• Nei hborhood identit elements such as entr monument nd avement textures should be included in the ;i ns medians a - - r ' r - r i - - ■ : G �■^r-..r---t7 ble :- _ - - • exi and 0 ir0 r -- w 57 r r 1 ■ Subdivision Code Update Chapter + II 111111 YomWh E)t exceed - � 58 Subdivision Code Update Chapter 12.04 KCC 59 Subdivision Code Update Chapter 12.04 KCC �,-. --- = gymg -0 rrm- Far. ig aw-M-1gro'; r. lggj�—w ijg F�.F. M. No if, V-1 Nis NIVREr — G 60 Subdivision Code Update Chapter 12.04 KCC Sec. 12.04.243. Traffic C ilmin . $A. Traffic calming improvements are required, and are specified according to street classification site conditions, or other conditions as determined by the public works department, in consultation with the planning services office and fire prevention division. aB. Residential streets with entrances connected to arterial or collector streets shall provide curb bulb -outs at each plat entrance, or shall provide curbs constructed at the return radius standard for residential class streets found in the city des i in and construction standards. Other traffic calming options may be determined more appropriate to site conditions by the public works department, in consultation with the planning services office and fire prevention division. 13C. Mid -block chokers are required on blocks greater than five hundred (500) feet in length, unless otherwise determined by the public works department. eD. Other traffic calming designs and improvements may be determined appropriate as remedial options by the public works department, in 61 Subdivision Code Update Chapter 12.04 KCC consultation with the planning services office and fire prevention division. These options include, but are not limited to: 11. Traffic circles; 42. Chokers; i43. Chicanes; and iv4. Speed humps. 9. Nempubfie streets. Ownership of private streets not opeg to -pici� Sec. 12.04.245 0-r_Exterior street buffering. A. A minimum ten (10) foot wide perimeter strip of type II landscaping and associated fencing shall be provided along the subdivision or short subdivision perimeter where it is adjacent to a public or private feadway street that does not provide direct vehicular access to individual lots. The landscaping strip shall include an automatic irrigation system sufficient to ensure survival of the planted materials. Fencing constructed of wood, iron, masonry, or other suitable materials approved by the planning manager shall be located between the landscaping strip and the short subdivision or short subdivision lots and shall be constructed of consistent materials and configuration along the length of the street frontage. The fence and landscape strip shall be located in a separate tract and shall be depicted on the final sheft subdivision plat or short plat map. Maintenance of the landscape strip and fence shall be the responsibility of a homeowners' association or other entity approved by the city. 62 Subdivision Code Update Chapter 12.04 KCC I Q Sec. 12.04.250. -5 i - - w - - i It 1 • _ - Il�w.L��!![�ll L�l��rl �[r[!�_ 1 SR J�I[w - - r i • w i w . - - - - - - - S � - - - - • 3 ■ • - - I Q Sec. 12.04.250. Lots. Insofar as practical, side lot Hines shall be t right angles to street lines or radial to curved street and cul-de-sac ines. Each lot must access a streetsf-rea4, public or private. The size, 53 Subdivision Code Update Chapter .2.04 KCC shape, and orientation of lots shall meet the minimum area and width requirements of the applicable zoning classification and shall be appropriate for the type of development and use contemplated. Corner lots may be required to be platted with additional width to allow for the additional side yard requirements. Lots which are bordered by two (2) more or less parallel streets shall be permitted access to only one (1) of those streets. All lot corners at intersections of dedicated public rights-of- way and rivate access tracts or easements shall have minimum radii of fifteen (15) feet. 12.04.255 Othe . i 64 Subdivision Code Update Chapter 12.04 KCC .......... : ` r r ■ Sec. 12.04.260. Zero lot line subdivisions an -d short subdivisions. A. Zero lot line subdivisions and short subdivisions shall be subject to the development standards outlined in KCC Title 15.08.320 and 15.08.330. ese standards include minimum lot size, width, depth, etc. B. The regulations of KCC 12.04.235 through 12.04.2505 shall apply a to zero lot line subdivisions unless specifically modified in the conditions of preliminary app.roval. i. Streets, curbs and sidew-alks. :■■r�..G.n■�.u�:.Gw►���.i�awi�.u�rr.aatirw:s�����=wi�.y�hln��4:� l�wrr.�i�w ��1"�iiR�il�nll JAI ! 1 paving width, and ether &-L— ........, „ -- L.—.IA .,+.4, f„-, ... k— --7-14 r r< T k r. 65 Subdivision Code Update Chapter 12.04 KCC RALStRIMULE- - - i03.1 r - - - • w 66 Subdivision Code Update Chapter 12.04 KCC Sec. 12.04.263. Clustering in urban separators. A. All Type -l -subdivisions and short subdivisions in the SR -1 zoning j district shall be required to be clustered pursuant to this section when the property is located wholly or partially within an urban separator as designated on the City of Kent Comprehensive Land Use Plan Map. B. Cluster subdivisions and short subdivisions shall be subject to the development standards outlined in KCC Title 15. These standards include but are not limited to, minimum lot size, width, yards, setbacks, parking, landscaping, signage, etc. C. The provisions of KCC 12.04.235 through 12.04.2506, as well as other applicable portions of this chapter, shall apply unless specifically excep't-edexempted. in addition, the following standards shall apply to clustered Type i shert-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 hall include only single-family residential uses. 3. Minimum area. No minimum area is established for a cluster esidential development. 4, Permitted density. The maximum number of dwelling units rmitted in a cluster development shall be no greater than the number of 67 Subdivision Code Update Chapter .2.04 KCC 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 encour gln� flexibility in site -design 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 (1.20) feet. 6. Lot width. The minimum lot width for individual building lots in a cluster subdivision or short subdivision shall be thirty (30) feet. 7. Other development standards. Development standards other than lot size and lot width shall be the same as are required within the SR - 1 zoning district in which the clusteF residential development is loeated. S. Common open space. The common open space in a cluster subdivision or short subdivision shall be a minimum of fifty (50) percent of the nonconstrained area of the parcel. The nonconstrained area of the parcel includes all areas of the parcel, minus critical areas, as defined in RCW 36.70A.030(5) as currently and hereinafter amended, and buffers. The remainder of the nonconstrained area of the parcel shall be the buildable area of the parcel. The common open space tracts created by clustering shall be located and configured in the manner that best connects and increases protective buffers for environmentally sensitive areas, connects and protects area wildlife habitat, creates connectivity between the open space provided by the clustering and other adjacent open spaces as well as existing or planned public parks and trails, and maintains scenic vistas. Critical areas and buffers shall not be used in determining lot size and common open space requirements in a cluster subdivision or short subdivision. All natural features (such as strearns and t heiF lam significant stands of trees and rock outcropping), as well as sensitive 68 Subdivision Code Update Chapter 12.04 KCC 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 may shall be retained ,.nde conveyed to residents of the development, conveyed to a homeowners' association for the benefit of the residents of the development, conveyed to the city with the city's consent and approval . Sec. 12.04.264. Clustering in residential zones outside urban separators. A. When located wholly outside an urban separator, cluster subdivisions or short subdivisions are allowed in SR -1, SR -3, SR -4.5, SR -6, and SR -8 zoning districts subject to the regulations below. B, The purpose of this cluster development option is as follows: to permit greater flexibility in design and discourage development sprawl; to facilitate the economical and efficient provision of public services; to provide a more efficient use of land in harmony with its natural characteristics; to preserve more usable open space, agricultural land, tree cover, recreation areas, and scenic vistas; and to expand the opportunity for the development of affordable housing without increasing the development's overall density. Development standards and review criteria are intended to ensure that lots are consistent with the desired character of the zone, allowing lots to vary in size and shape, while still adhering to the planned density of the zone. 69 Subdivision Code Update Chapter 12.04 KCC -. Cluster subdivisions of short subdivisions shall be subject to the levelopment standards outlined in KCC Title 15, unless otherwise modified 3y this chapter. These standards include, but are not limited to, minimum of size, width, yards, setbacks, parking, landscaping, and signage. D. The provisions of KCC 12.04.235 through 12.44.250-5, as well as 3ther applicable portions of this chapter, shall apply unless specifically .xeept-edexempted. In addition, the following standards shall apply to .lustered Type I subdivisions or short subdivisions; 1. Location. The cluster residential development may be allowed n SR -1, SR -3, SR -4.5, SR -6, and SR -8 zoning districts outside of urban separators. 2. Permitted uses. The cluster residential development option ;hall include only single-family residential uses, as defined in KCC L5.02.115. 3. Minimum area. No minimum area is established for a cluster -esidential development. 4. Permitted density. The maximum number of dwelling units )ermitted in a cluster development shall be no greater than the number of 1welling 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 end the preservation of open space, the minimum lot size of individual )uilding lots within a cluster subdivision or short subdivision in single- -amily residential zoning districts may be reduced by twenty-five (25) )ercent of the minimum lot size for the underlying zoning district. 6. Lot width. The minimum lot width for individual building lots n a cluster subdivision or short subdivision shall be thirty (30) feet. The =rearing examiner n9ay A shared driveway easement to -may be ncluded in the minimum lot width of irregular lots, provided the total Driveway width is no green -less than twelve -sixteen (16�) feet and no 70 Subdivision Code Update Chapter 12.04 KCC UV ul 6I1-1..✓. 7. Other development standards. Development standards other than lot size and lot width shall be the same as are required within the zoning district in which the cluster residential development is located. Design review is required for cluster development projects using the review criteria in KCC 15.09.045(C), Multifamily design review. S. Additional approval criteria for cluster development projects: a. The proposed cluster development project shall have a beneficial effect upon the community and users of the development that would not normally be achieved by traditional lot -by -lot development, and it shall not be detrimental to existing or potential surrounding land uses as defined by the comprehensive plan. b. The proposed cluster development project shall be compatible with the existing land use or property that abuts or is directly across the street from the subject property. Compatibility includes, but is not limited to, apparent size, scale, mass, and architectural design. C. Unusual and sensitive environmental features of the site shall be preserved, maintained, and incorporated into the design to benefit the development and the community. d. The proposed cluster development project shall provide open areas by using techniques such as separation of building groups, use of well-designed Open space, common or shared space, and landscaping. Open space shall be integrated within the cluster development project rather than be an isolated element of the project. e. The proposed cluster development project shall promote variety and innovation in site and building design and shall include architectural and site features that promote community interaction and accessibility, such as porches, de-emphasized garages, shared driveways, sidewalks/ walkways, and adjacent common areas. Buildings shall be related by common materials and roof styles, but contrast shall be 71 Subdivision Code Update Chapter 12.04 KCC provided throughout the site by the use of varied materials, architectural detailing, building scale, and orientation. f. Building design shall be based on a unified design concept, particularly when construction is in phases. 9. Common open space. a. The common open space in cluster subdivisions or port subdivisions shall be a minimum of twenty-five (25) percent of the ntire parcel, whether or not the parcel is constrained by critical areas ef nd their associated buffers. b. Parking areas, public rights-of-way, maneuvering areas, readsstreets,, storage areas, driveways, and yards within individual lots shall not be included in common open space. C. The common open space tracts created by clustering shall be located and configured in the manner that best connects and increases protective buffers for environmentally sensitive areas, connects and protects area wildlife habitat, creates connectivity between the open space provided by the clustering and other adjacent open spaces, as well as existing or planned public parks and trails, and maintains scenic vistas. d. All natural features (such as stpearns .,d their buffer significant stands of trees; and rock outcroppings) as well as sensitive critical areas (such as streams, steep slopes and wetlands and their associated buffers) shall be preserved. e. Future development of the common open space shall be prohibited. Except as specified on recorded documents creating the common open space, all common open space resulting from lot clustering shall not be altered or disturbed in a manner that degrades adjacent environmentally sensitive areas, rural areas, agricultural areas, or resource lands; impairs scenic vistas and the connectivity between the open space provided by the clustered development and adjacent open spaces; degrades wildlife habitat; and impairs the recreational benefits enjoyed by the residents of the development. 72 Subdivision Code Update Chapter .12.04 KCC f. Ownership of such common open spaces shall be conveyed to all residents of the development, conveyed to a homeowners' association for the benefit of the residents of the development, or conveyed to the city with the city's consent and approval, er conveyed to anetheF party upon aPPFOVal of the :width in T,.du -tf ,l Arterial 94 fe -width feet industirwal Gelleete 8G 44 GamrneFe1aTStreets ri i _M , MUMM rA�A --SULLMANAW- •a - - 0 : -- '• KWAAA • V i V W Y •• I 73 Subdivision Code Update Chapter 12.04 KCC 74 Subdivision Code Update Chapter 12.04 KCC ■ _ Maw.: Mor V ■ — M_ i .. MIAMI _ills, Rs�i■�:riirrrni�i�:��wG�uii�r�� G : ' :. ' ' ' G 75 Subdivision Code Update Chapter 12.04 KCC 76 Subdivision Code Update Chapter 12.04 KCC 77 Subdivision Code Update Chapter 12.04 KCC Ift MEN KOR r�WL— _ r — — — — • i r r r - - r _ — G w ON— r — w -— • + _ M ON IONIC IIIII — — — LiAdli W O w — 77 Subdivision Code Update Chapter 12.04 KCC 78 Subdivision Code Update Chapter 12,04 KCC 79 Subdivision Code Update Chapter 12.04 KCC RED rIL­sWL�r • i'w � " C r rii i i t 'r i i � � — i'� NONNI E w•_ i IN r V r - . EUREM r • _ G iW,Al_ . i v iWI RON _ i i =q�[ �wJl7• rW"01911 r__lW 80 Subdivision Code Update Chapter .2.04 KCC r V r - . EUREM r • _ G iW,Al_ i. 80 Subdivision Code Update Chapter .2.04 KCC _ r r r r � : n _ � r • � � • • + r i r + _r r r . Y r • _ r. r r • + r + r r r r r i i 1 + • r r L. -M : r r i• i - r r i � r _ -+ i M� ��+ ■ V% • + V Y r r - : + --- r r + r i � + _ • � + r r • r r r + + r V INK. • i ■ • • m -A+ Y ti f r i s i • ■ ■ r + _ + r ■ • r • r 1 i r ■ 81 Subdivision Code Update Chapter 12.04 KCC 82 Subdivision Code Update Chapter 12.04 KCC 83 Subdivision Code Update Chapter 12.04 KCC 84 Subdivision Code Update Chapter 12.04 KCC determination of c)per to the publie. Y Y490 Approval 1. Appropriate pre,visiens-hxi����'. a. The publie eempleteness J safety and Y genera' [ she uppli%utivii. T vvelfaFe of the ge „ ee4L,,,y Shall be 1 b. Protection ef enviFeigmentUally sensItive lands and habitat; c. Potable wateF suppliesi d. Sanitary Yeastes; e. Gther public ut!Hties and / as deemed ! a / i. Neighborheed tet lots an.-J play areas; k. Transit I ' Genmecti'Vity of sidewalks, 85 Subdivision Code Update Chapter 12.04 KCC 86 Subdivision Code Update Chapter 12.04 KCC ■ r i i =__ �� r �" � � � - ml "M 2002 i rIN. -NormNOR r D G r t I WOMEN, � � � � .. = I r ■ i i i� �� i' .,r i� i '' ii'r VIPM ri �' 'r i■ ■ iii D' r-- r'- � � mmiquIll � 11 i r i i i i ■ = - � �� i i' G G _ r r 87 Subdivision Code Update Chapter 12.04 KCC 88 Subdivision Code Update Chapter 12.04 KCC i i■ : i ■ w 0ftl • ON - : W.M. ' • W Ir -VMllllM _ . r r G i ., a -mm- rILw -OCILISAM- 31 88 Subdivision Code Update Chapter 12.04 KCC 89 Subdivision Code Update Chapter .12.04 KCC w r i i— MLJ M�l WIN NOWN, V r i V • _ �� : : .. _ - ANN INOWN ON i .. i R�101-11 i i • i i _ i r i me••■ r E • i, i �V I. —— _ _ 'r i i— I-A — ••�Al 89 Subdivision Code Update Chapter .12.04 KCC - is i i r ' - - - - - -- - ON - MM - -: •• G i -- - - WAff. - - -- - r - - - - �-Aw� - F-T--WM -wrM - : r - i - - - - : • - - - - - 1 - - - : - - - -- 1 ' : : • i rLVLwft=w - - - .1matm i A LM 90 Subdivision Code Update Chapter 12.04 KCC rjoemmmm ■ i ' - - r - r i - - - - r - V r - ■ - - - = N -MA .. • R - - - - i i R original or reestablished eorners with showing all distance angles and caletilations r EOrners and distances of the plat shall desefiptions of the same and the required to deteFFn1ne aeeempany this data. The allewable - - - - - 15. Be signed by the owner of the property rny[ar. 16, include a notarized cettifleate--of en the faee of each final pl the owner, , . i s �W'Imlmmfflmm. - - - - - - - - - - • - - - - - - .7114's L: j - V r - ■ - - - = N -MA .. • R - - - - i i R original or reestablished eorners with showing all distance angles and caletilations r EOrners and distances of the plat shall desefiptions of the same and the required to deteFFn1ne aeeempany this data. The allewable error ef elesure shall not exceed ene EI) ust all conditions of approval for the foot in ten thousand r 090) feet, short subdivision on the face of 15. Be signed by the owner of the property rny[ar. 16, include a notarized cettifleate--of en the faee of each final pl the owner, , trust,granter ef a deed of or other holder of bepeficial title to the prepeFty 91 Subdivision Code Update Chapter 12.04 KCC - - • _ - - - - - i - - - - ■ ■ ■ ■ MME .. NEVA MEIE�A- ME �1101a,am - Inj - i - r ■ r - - - - - - .. i ■ - - r i r r . - -1=1l- - -goo I.AmI.A'A"- - - - - - NERVE D - - r - • - - - - - - u - - - ■ G G s EL '"■� �- - ■ r G - -- -G -� -i -lam nAwli r i i ■ ■ r ■ - - - - - - w i - . - - - - ■ i i i - - - - - - .. - r - - s i a . w i _ - - - - 92 Subdivision Code Update Chapter 12.04 KCC Geqific 8. Gepies of any restrietive with re bar and eap. The accordanee with eity of eevenants type Kent standaFds as Fnay of street monuments and shall be used in the shaFt, used shall be 'R be installed -pef-t4�es-e plat,7, E. if any utHty eeri9panies within the prepesed easerrentS Fengaved OF shall and/or the have utility districts plattOF OF its theiF rights subardinated have existiigg easements assigns shall have these to these of the r teFms of bending e the eempletien of all improvements; survey data and- platEtting G. The short 9 bdivision short S E6rn-rrrrttEL before 't is file 1 with King H. An appreved shOFt subdivis'eig offlee of the King Gounty department and one (1) requipements. final plat GeHnty. auditer set of fs and eompleteness shall be signed when final plat shall and shall not the eriginal rnyler and aeeuraey ef by the ehairman of the determined t6be in be flied for Feeord in thle be deemed- approved until shall be filed with the 93 Subdivision Code Update Chapter 12.04 KCC UPONMOM'! - - - - - 94 Subdivision Code Update Chapter 12.04 KCC _ _ _ r ■ ' _ _ _ _ _ Y _ i ■ • V _ i V ■ _ _ _ i rII ■ MMERIN 94 Subdivision Code Update Chapter 12.04 KCC IV r Y • - - - - - - - - - - - 1111111 r - - - . - : : r - - - : ^ • • -- r. MWMWO INIVA- INA: : : r NEVIIII �: - - -MERIA - - - - - - •• r SPARER -- - - i : - w • - Ml - - vi : • r :- • i ■ - - - - - - it - - -:• -i r - - - - - - - _NIL w NP ROM i IF • i - - - -- -w i -it --- - - IF - - W r MUCORK VA- ELMILELENNA,M - -- - • - WRlm&Mmmmw - - - - - ■ r ■ • E L- - - r - - - - - - - :A.- 95 Subdivision Code Update Chapter 12.04 KCC 1 r, 95 Subdivision Code Update Chapter 12.04 KCC - - - - ! I • In In- - - ' - Y - - • - - - - - Y r • • - - - - r i ■ - i r -EMM.mMMML- - - - G - - - i i i ' i - - - i ' ■ G G -MLWAML - - INSWAWMIL'AftlIVAN- - i - - - r ' i ■ i ' W - - - / FS ■ ' 1 ' ' - - - Y i- I IN • r r - i - i `i■ i �Y • / - i - - - - • i ' ' - - - - i • ' w- - r - -i i I Y r ■ W 'r - - -F -TAOLWORMNAME- ■ - - - - Pqr - - - ■ P - - % r r - - ' i lir.. • i - i i ' • 95 Subdivision Code Update Chapter 12.04 KCC - ON-, r i_- i 3 i i GM i- r - i r _ w i i ■ G i ■ G i D IL DWI IY � I � ■ _ _ V i V Y • � • • i w � � - i mmk-M � ii ■ �_ -- '". r i i■ G G G G ■ r i i i i' - ■ r ■ i 97 Subdivision Code Update Chapter 12,04 KCC 98 Subdivision Code Update Chapter 12.04 KCC rEff E — ■ -- r r r w . i I ■ 1 — i Wf MR ILVAg • — — — — E, r - - - - - - al r - - - - - - :- --- - - - - 3 i ■ -0 -- • 3 i �ww - SIA�Mak - - • • i rr- r - - - } - I r -- - -- - - - __ - -TIMMir - - — — — r i LL.9 ' LIMr ■ — M • i : ' -1 M — r W n Gi ■ r — - — — — -- i + 04 - - - - i M -I-• • - - - -l.MWlMaM,'A�jLlPjj - - r III 111IIMVA�WL�UNKMORMI - • - - - - 111 11111 - - - - - - - r i i Ma - - - -- --- WE - - - _ - - - 1 - -- -r - - - - - - r -- - - i - • • • - - - - - - - - _ r i i r 11 Poo - _ - - OPMEW - r i - - .. i r -i r . - - ' i ■ - - • • ■ • - - _ - - - - - - 98 Subdivision Code Update Chapter 12.04 KCC A__ _ . r _ r _ _ . WE - - w""r � � � � � • �J�JiJ..IlJ■i L��IIJ�1■J■ll��El_t�l�l�lr'Dl=!Lr�•1. N1 �lw�ir�!JElil WiNWAIRE OL W iJ�l■ice=�W1111.�E\L!i Er ll��EL I _ ■ E ■ i m _ 99 Subdivision Code Update Chapter 12.04 KCC - - - - r - - - -- I WN - - ■■ - G - ■ ri • i --Mwmff-.zw - - - - - - - - r i - i ■ ' MI W"" NO V --:i i s 'w '+ G- ■ i' r - 1 1 - - - - - - - - - - : : ■ • . .......... lol- - - -NINE- --r iWAi --� - 1.00 Subdivision Code Update Chapter 12.04 KCC Standar- ILL+-} $B 101 Subdivision Code Update Chapter 12,04 KCC 102 Subdivision Code Update Chapter .12.04 KCC r 'PM -' • i' K '' -1-1-1-1r i ••r r ON IRON ■ it iCIO1 - - i - r - IF _ __ • __ • . - MIll"Al"'NOMM ■ = lr�`rlrl�l►1L8 _XVA NNoIRK. '" i IVA r � i � toommN Sol. RMWMK. I ftammm. I.A.A' " G � � � � � � �� r r r 102 Subdivision Code Update Chapter .12.04 KCC 103 Subdivision Code Update Chapter 12.04 KCC ■ � r r _ r1111 ill! W W�3.1 NJ w I ` M r r`■ MwIll 1 i__ i i •` ■ • r ■ * ` w __ � � � I M. �_ r w i r i� `I 111 ` ` G i r ON-- • • ■ M `■ ` ` • r r - Y r i ■ ; ■ ON mill i • r ` ` w wmmmmmamillimmik ` 11►M��'Yl►N��r�ii:[���[r[jl�l�l�■1![�[+LRS=+lil�t�l ,I' I =I .1 _ _ _ a 11M. I j �[�[[�_ l�s�►�Cwl _l .l�liya• 1 =.LIM,nV ■ ` 103 Subdivision Code Update Chapter 12.04 KCC ' G � � � r i � i • i i � � i - IC i_ � •RJAENIERIMMK- � • � � � � - r ii i � � V r � � � r � � � � � V i r • 104 Subdivision Code Update Chapter .12.04 KCC vegetat-lon be safely shall be pfessented soils, in order to determine r the stibdivislon r ean 2. Detailed sabrNtted. -developed. plans These feF any plans preposed shall include eiit and the fill operatiogs angle of slope, shall r corn 3. Streets widths (G)(7)(i) rai9d Pgay may if be it is Fetainingwalls. have a grade less than fetAnd emeeeding these that tFaffie fifteen requiredd in geneFated (15) peFeent and KGG --.,a will be less than stree aigd in a 4. Lots should S. Any may be large el b � Fequired rZon,ng. -than to GGeneFally, these be largeF in less than mimmmung in stee-p-areas let sizes required er areas ef the subdiv,isien of the subdivision. by measures Cress develapments! 12.04.575 as reference(s) deemed View 15.08.06-0- . ?' eerriudor "e IG GI ItJ. IilLl.l protection II1g 1J4f.Ju1 t1.14..11a.. regbilations on hillside outilned in KGG Title 15. These sEan%IAar%IAs include mlnimLim lot rwidth, The ete; et following standards shall apply te zero let Hne suk.,dlivoslefl. 11RI addition,8. unless e speeifieally regulations of excepted KGG -4 -. a 04.545 thFeugh -LL.. r...PIV Shall apply i Streets, curbs and , : r..,.. , rrts a. PubYc streets. in eertaifi r to existing or—planned cireulation systems,---U-Iue be provided it may within be neeessary the development. feF L11 IL When the IJL provisleig of such rights E)f way is stardaFdS necessary, shall the be the right of same way width, as wetild etherwise r and be required. etheF T 145 Subdivision Code Update Chapter 12.04 KCC ■ r i '- MAN - WK. MTN i • - - -W - - - -r r - -- - W - - A• - r - r- i ■ ■ w - i ■ �� IMPOWA - - l W - _ __ W - Y L-41AM. I I.M - - W - - - ■' I w : r - ■ r - - - - - W W r i ' ■ - - ■ ' ' - - - - . -r • r - - ML. W - W - - •- :Nmwmlt- ' r W W - r W ■ - ffwmmlY • - - - - - r w . - lwm �� Owl.1 i - - W i ON - - limmr ■ ■ ■ ' • ' ' - - - - - - ■ • - - W i t G � ■ 106 Subdivision Code Update Chapter 12.04 KCC less than twelve (12 -1--i-nage ardonapees. and requiFements. inspeetion Division. 1:2.04.578 CllusteHng A, All Type 11 short Fequir-ed to be elustered Kent 'Gamprelh.ensove Clustersubdivisiansl *n KGG T:tle "m urban subdivisions pursuant Land Yse IS. These -ed separators. in the to this Plan Map- be sube standards include fFeFn SR 1 Fenmigg seetion minirrum the State district when the let EleetFqeal shall be pFeperty IS si-,,- setbacks,outlined parking, landscaping, signage, iG . , as well as other applqcal.,I,e pravisians of this chapter, s apply unless specif ecce ted. In additlen, TT .,he..y. .hd 1. Lecatien, The cluster .711, L district 2L Permitted uses. only sIngle famHy 3. Minimum area, the fallowing residentia' The cluster residential uses;- No nq'nimurn standards development r-es'dential are.- established shell shall velopment apply IE-c clustered be Fequrecl eptien feF a cluster �n the shall include residentW 107 Subdivision Code Update Chapter 12.04 KCC - --■ i - i -� - r■ i _ !_!S� ■ • - i i i 0 ■ r - - - - - I. ■ - 3 ■ ■ i i i 'r • r ■ - - - ■ • • = - PN� .......... - - - - - r - - - - - - • - =IMUM ' . r r I buffers, signifieant stands of trees and reek 108 Subdivision Code Update Chapter 12.04 KCC : AA N-- MW-JIL-& i 001—mmalme-1111 r i i■ �'- Ili= — i r Nonai _=VWHREIOM�- i v W M11 _ ■ Z, do _ all i m IL 'm ARELZARR � � � — = � s ......_ � � i Rm _ � � � � � � � � _ i��r�a:awia�r►:�■sRi►iaQ►tiifi J: i i i : AA N-- MW-JIL-& i 001—mmalme-1111 r i i■ �'- Ili= — i r Nonai _=VWHREIOM�- i v W M11 _ ■ Fam ■ r r do _ IL 'm ARELZARR Y1 r ■ : AA N-- MW-JIL-& i 001—mmalme-1111 r i i■ �'- Ili= — i r Nonai _=VWHREIOM�- i v ■ r G i:' _ ■ Fam ■ r r do _ IL 'm ARELZARR Y1 r ■ ■ 1 ......_ 109 Subdivision Code Update Chapter 12.04 KCC do Rm 109 Subdivision Code Update Chapter 12.04 KCC .ba;..•. 1. Locatien. The elustef residential develepngent may be allowed in SIR SR 3, SR 4.5 2. Permitted .,I\ W, and SR uses. The cluster 8 zon, di biets eEitspde of urban sepaFaters. residential d-evelopment eptlaig shall 3. Minimum 4. Permitted a dusteF development- HnIts al'awed located. area. Ne minamarn density. The sl, -,all far the -parcel . area iss established for a clusteF residentia4 maximum number ef dwelligg uiqlts permitted iR be Fio gfeater IL -Allan tHe igumber ef dwelling as a whole for the zoning whieh it - - - i - : - -nm r i p - - - - - WWmMLVjMMLwImL_�mI - - 00"JIT r G z i r rs: r : :am : - - i r - - - v 110 Subdivision Code Update Chapter 12.04 KCC ^ i LwIM MEN_ &L�M ' ^ ^ ^ • RRO IMmt i • i ^ r ^ ^ r r i• r114mw^ % ^^ i r ^ ^ : • ^ ^ ^ ^ r w r r ^ � w : ■ _ "G r i' _ ^ li ii' ^ G G - i v ■ PUG WO, i MI ^ � w : ■ _ "G r i' 111 i1w i � I _ ^ ^ i' ^ : Y _� i ■i ^ ^ ^ i � i ^ � w r • : r G • 111 Subdivision Code Update Chapter .2.04 KCC 112 Subdivision Code Update Chapter 12.04 KCC ml - - -i i■ 3 - - r••s - - r - • r01- • W i i i � - - - - •• i • - - i i- - - - - i i•• ,• r - - -011111 - WAMWL NEEM WIN 101.1ilil iMIMLiKWIWWEM- - - - - - rftw llk�— — — — i — ■ i — -K.01OKW — -� i • — r -- - toll - i P: -- - - ia ONE - - IO 112 Subdivision Code Update Chapter 12.04 KCC Aeeess G. 6$ 36 Street I- ■i it r r' i M.. LIFFeUgl"l Sit"reets shall have sidewalks a n9iflimurn ef five (5) feet In width, D. All 'et ceFriers at intersections ef dedicated public riglits ef way -.'H.all have a mmigingung Fadii of twenty five (25) feet-. E. if ramiread tracks are 4L be insta ed 'n -a sueh tracks and 1 their route shall be shewn en the faee of the plat. w r _ _ w . • - - - - ' - - - - i - - i • - - - - W—.— : - --- 'r' • :-: : - - : : : - - w a ■_w - _ 'AMMIMMEL.-JOW Ka. 004 113 Subdivision Code Update Chapter 12.04 KCC U I: - --- -: - - - - - - --■ -w r -- NgK I eity; ffla� 3FEMSK)rfa �ive Plan-; c o�vc- 9 a ma'smoro., - --5 - i -- proced-lures within the precediling five (5) 1 - - - - i r■ - - ■ - - IEW B. Any !and wNeh has been previously divided ander the sheFt sub6visien proced-lures within the precediling five (5) 1 114 Subdivision Code Update Chapter 12.04 KCC Few ' 3. Preparatien ard submission of the prelinginar-y plat, of the pmpes-ed subdivisffeig decision; to the land use hearing examiner for publie 11-WIIII�j ull� preliminary plat. re.q,dwernents and satisfacti.en of all plat C019dit"EMS; 115 Subdivision Code Update Chapter 12,04 KCC depaFtment or agency deemed G. A meet�ng on the subdivision necessaFy. tentative plat shall be held, { which is attended by- the planiging ddepafttment, reeeive eepiles of the tentative poten't-jal conditions of approval plat for the subdivismen otheF and city the departments subElivider. shall be recorded which Any in ,Vff I .-I malled to subdivider D. The Feeommendations of whetheF the tentative plat is: 1. in eenformanee with the pu by the the city departments pose and regulatiens planning deparltment. -e, shall be based ort 2. 19 een�ormanee with fire safety regulattiens� r 4. 19 eenforrnance with building S. in conformance Irvitom-the codde regulal.-:10195� appropriate street sEanudarucls and the pattem established or proposed for the area that the sewer,cureulation 6. in eanforngance with 7. Not detHngental to its surroundings. E. if the sub6vision tentative water and other plat is recommended utillty pla 95 for to the pfeC-Zeizeilu ar; UO 1.16 Subdivision Code Update Chapter 12.04 KCC HT1 - - ■AWK-AMBPAMBIM AMM - -IM711WRI413- k - r -w - - - . -r-r"- - - - i T�m- -_- - - rMI rw r - lc i r - i - -- - - - -46 - 117 Subdivision Code Update Chapter 12.04 KCC I H 0 . - 1'-'IGI IU LU UG OUV%.41 Y 1411.41, L114. 1 IL1111- v1 Iv..r., n 0 , . l"1L UI JVII LY F%/ , 411 uFi luy4. 1.V111.111.1 V3 1J, 0 --b'd-F��tFfi'8 �ribed by U features and deviees, and other planning featLwes that assure safe-Aa� 118 Subdivision Code Update Chapter .12.04 KCC h0j EA 13. All ef the informatien planning director. 12,04.635 Principles of r 1. GFeate legal 'Dulik'41-11-Ig sites whice.h. . with all provislers of KGG Title h0j EA EVACI V � Y � V _ • • • N _ Y � I • • f MM• __ + i W-0. • _ �� _r �_ I 119 Subdivision Code Update Chapter .12.04 KCC 120 Subdivision Code Update Chapter 12.04 KCC LIRM- - :-- - - - ::.-:. -"-+ml- 121 Subdivision Code Update Chapter 12.04 KCC 122 Subdivision Code Update Chapter 12.04 KCC w i • = : M i __ r _ w C ■ i _ _9`11111 i" i G i i G 123 Subdivision Code Update Chapter 12.04 KCC ! I 0 f, Sehee[s and sehee' grounds; r '.7-I, '..'TLoI l 71w ! sidewalks,GenneetMty of pedestrian pathways, 1 and other planning features that assuFe safe I walking !Parks1 transit steps, 0 f\1 1 I CJI IJIL JLVf./Jr ! 1 0 u not pFE)vlde the new lots with direct vehieular access; p, Gther- public utilities and ! as deemed ! and 124 Subdivision Code Update Chapter 12.04 KCC 3. The pLiblic use and interest, will! '.e served by the p a"LL-111-1g., Of sueh ..6. d7..7sl.. and deC iGCfCf 7c`7 125 Subdivision Code Update Chapter 12.04 !"CCC - - - MI - - r - - - - - • a - - - q"PFI- Or - R t�Y Y � l l � i�E t�1s� IY.I�EM1Ii�J ��rl � lr E E � ��L�YLWJ.. E..►�l� l�l��l fslll���w � �I�EEr li.l��. i! E�.i: lel t �L:LSL'L= i1 - - - MI - - r - - - - - • a - i ■ G _ _ IAKWLG A - - -•• r G G r i M WO • - C _ - - 126 Subdivision Code Update Chapter 12.04 KCC ! L:I IC t.l[ul [1 111 iy Lit_.I.Jul 4i i 1ti 1 ILL t.tt.rut Ui i i�[ IU vl �....� I 7 preeedures and- regulations in effect at the tirne of vestwigg of t preliminary-p4at 127 Subdivision Code Update Chapter 12.04 KCC 128 Subdivision Code Update Chapter 12.04 KCC 129 Subdivision Code Update Chapter 12.04 KCC 130 Subdivision Code Update Chapter 12.04 KCC 131 Subdivision Cade Update Chapter 12,04 KCC 132 Subdivision Code Update Chapter 12.04 KCC 133 Subdivision Code Update Chapter 12.04 KCC - _ _ - - _ - - 1 - _ • - `1 i t — — i — i— i — — — i — aim — — — NINON i— —W—WIMM—MORRIMIL--l—ANN-11*115' —— — r __ — a 111 _ - - -. FjfAlFA�mw - r _Y — i D' i "Wilm"m — —— ' r N.i i — — — — — — — — — — �•• ��� — 'mommor. a — — — i r i' � 012991MIMI— i — — —— r ii r i' I'AMEN _ — — — ' 134 Subdivision Code Update Chapter 12.04 KCC 135 Subdivision Code Update Chapter 12.04 KCC BRIM — — — w r __ — — i ■ G — � — ' r WORWIMAIN r — — i t r — — '— — — r i iL.' � i i N. . —— i — i i — — • i i i ' IN i IN — — —'0.1m.mg.s�,MA —i • r i' —— amt.' i IIIJILWAT — —— ■ i WRIVIEVIIIMMAIN— ' — —10.041 lIMAi■ WILVIll AAftMPT G r i - - : • 11 i • ■ I - - - - - _&WIL — - - — • ■ — — — ■ - - IN - - - - - 11! - I • i • ■ •- - - - e • - W - .. 1 I fE-11- : - - - - - - - - r ' — G I ■ — WWARMEEKI■ — — — -- 135 Subdivision Code Update Chapter 12.04 KCC 136 Subdivision Code Update Chapter 12.04 KCC ON - : M - - : ■ - r . - - 1t f ■ - Y i ■ ■ -H==1 via ' _ - ' ----------- - V -RLVAW -- r I W - - - - - - It r- i r r i _ f • _ 0 - -- _ _ - - - - - _ • •- _ _ _ _ - - _ r IL 00.19 ' 1 - - - - r - - - - - : - - - PAN WRINOW- - - - - - ' -V - r i i - - - - r' • -mfivirf 137 Subdivision Code Update Chapter 12.04 KCC 138 Subdivision Code Update Chapter 12.04 KCC Y �� . ii •� ■ 1 1110110-1119-- �'� r r _ -•ri ii ■ •' 0 Ran ■ i • _ _ • 1 WO L9 IIII I Mi IM PI -1 2r WE i - G ■ i r' i r ram i r &JIMME F*911- 'w � i 0 i = .000 _ r i _ i ■ i t MI 2-1 iii rhim - __� iir i r - " i r -Gr - �� 138 Subdivision Code Update Chapter 12.04 KCC r i C - r ■ r r 0 ...... M 1 MAY M � � r ■ • T Y 1 ■ m i 21MMMIQIQ; i +�� ••,■ i im 139 Subdivision Code Update Chapter 12.04 KCC 140 Subdivision Code Update Chapter 12.04 KCC • r _ r No mill 111i ill_ Mill F_Vq• i r i i i■ � ' � � � r i s i i � � '� • i � � r r i 'r •' 'r 3 OiSr r r i r ■ i i111PArm 140 Subdivision Code Update Chapter 12.04 KCC ONE- - - - -- -- - �rw►�.�►:itiiiwi.��iwai� -36 r CC i' - EI -- r -r i - -- -••i • r - - - - r - PI - - - - - - - r • -� � W W -WA ZLAII Q -- rr - - - G r 3 i W • R• - - -- W - - V - 141 Subdivision Code Update Chapter 12.04 KCC 192 Subdivision Code Update Chapter 12,04 KCC If b. nnr,od Mock chokers feet in length,(500) are e ,..r br -rrervvTse CTetErrr-rrn'eQ k greater �VI FGn five •_, _o hundred f &pprepr ate as eensultation with remedial options the planning by the services effice public worlrl,s ddepartment and fire p everitiag f divislen;- i These eptiens include, but are not limited to�i I Traffie i f rh; �r • and 9. NenpubHc streets. te Gwnership maintain. Sueh ef private rienpublie r Streets streets not open asseematlen and shall may serve get -t-e�� be theirfespaigsibility more than n ne (9) lets. miningum paviing enty (29) feet. These streets shall w,.It,h fer all A five (5) feet have asphaltic limited residential wide sidewalk or conerete suFfaee. aecess streets shall be provided The shall en OnIH4i be side ef the Street, ID. A minimu ten (19) feet wide However, erimeter a sidewalk is net strip ef type H landseaping required i on it is adjace9t where I direct vehaeular teFialS. Fe--'-- landscaping strip matermals frentage. The and shall be depleted access fence te a public te Individula' wns'Erueteud and the subdivisien and cenfiguratien and landscape an the final er private lots. The 1-1417 VY, ke -W / lots strip shall plat. MaIntenaree roadway along that does landscaping strip shall n, rrasenry er other and shall be COPStFUeted the length of be leeated in a separate ef the landseape not provide inelude suitablensstent the streef traet strip I of I 192 Subdivision Code Update Chapter 12,04 KCC "-72- A, I• a l i r In r W _ i momm-Li i. dNLi r iii G• Kim_ — i �MENNIM . ....... i i G w r i _ ' i•• i _� i t C i o i i r G i• `s�i w i r i� �� is i i i i .. _ WIl i _ m • V _ _ W � . r r lik r r i r i r • i . - G i r - r r _ TT►�1. i7AL•1•OA-WI LF _ x.43 Subdivision Code Update Chapter 12.04 KCC 144 Subdivision Code Update Chapter 12.04 KCC r— — i i i •W21.ANNG w . MON Y r w i VAINr _ _ w ��raiaCaa.r aiaw�wairw=wiwi=C!O%H1Rr���rlRly�y�q.���i��fw: a ■ — ■ w— — ml — r i EMBELVA mulKw� 1111 _ _ I C i r — — LOEWE I —MftlWIMI 11 REILIA ■•■ _ WAN— MEL r i } _ _ _ _ ■ } Id 144 Subdivision Code Update Chapter 12.04 KCC let in the and ir which percent subdivisions feHowing regLilatiens apply unless 1. information be safely subdivision has any street at any poin'L. in order te standards shall of KGG 12.04.745 speelflically concerning shall -'De presented de-VE��- average slopes in the subdivision proteet the apply te through exeepl..--.'-. the in order greater unique hillside 12.94.77G(A) ! geology, te determine IE-11,1an flfteen has raudes 11 �.F environment subdivisions and drainage mf (15) greater t[ga-fl—s-evert and to ig adclffior (B) whieh patterns, the subdil.11slOr pereentE deal witlfv to the sha-4 and Carl 2. Detailed subm;tted. plans for These plans any proposed shall include cut the and fill eperatlems angle -of slope,vegetation shall be , cernpaetienI 3. Streets widths may have a may be less than 11 IL Is la nd grade -114eeeding tho�� that traffie fifteen generated (15) in KGG 12.G4.74S(G)(6) will peFeentL and be less than street, aftd in a .-.4,'llnide 4. Lots I(GG Title should be S. Any . ubdi..isiop rray be reqtj!Fed ! larger than those cleaF!'9g or grading to be larger Generally, lots in less steep shall '.,,an in steeper areas be aeeornpanied miniqqHrm lot areas of the sLibdivision. sizes required of the subdPv,ision by erosion by eentrel measures . as Zero lot Ilmne Lessay b iL6 subdavmsioms. LIJinee1111g .'.-. .I,n. ar4L m e n V • size, width, B. The regulations of KGG 12.94.745 through 12,EW770 shall apply unless -1. Streets, curbs and sidewalks. 145 Subdivision Code Update Chapter 12.04 KCC 146 Subdivision Code Update Chapter 12.04 KCC systems, be provided within the development. When the P.1--avision of such rights of way is Jwidth,pavingwidth, standaMs shall be the -p-ermmetei= bLiffe,`,ng requirement same as would shall be applied otherwise be along these and requiFed. Fights i ethe ik The of wy. These J association and have asphaltic shall be or eenerete i theiresp nsi,bll,ity ta n9aintain. surfaeeJ and eoncrete or asphalt of all stFeets except where minimurn-p-a-ving width for euicbing eurb all eellector streets shall shall cuts are streets be provided alerig necessary for drPv,evhays--.-The withip the both zeFE) lot sodes line development shall be twenty a Fesidential aecess sti=eets sAewaW-sli,all be provided foLiF shall on ene \L��j leelE. be twenty (1) side The miningum paving (20) �eet. A five of the J as width (5) foot a rninwmunq.s fe wide dwellings. 1j1 addition, of G.S guest parking spaees provided at the 2iiis1.a11U�u ''ibis. per All Htilities guest parking d elling unit designed shall beyand the to serve the at norrnal development a rate �I parkin shall be P'aeed tinderground. be placed in, sueh a Any -d ut,lities leeated -dept,,h te planting permit the planting strip of shall tFees., I f 4 appli,eatlon of any sLirface ma ntenance and operation ',a. Sanitary sewers, SanitaFy and designed 19 aEeordanee material. ef Litilities sewers with city J Easements as shall be standards. n9ey be specified by tlhl� ppevided at no 1` eest to the tO the f for the 1 I city 146 Subdivision Code Update Chapter 12.04 KCC less standards and d. Eleetr4eai EleetFleal thaFi twelve (12) as defined requiFements. hook ups. Code. Perrigits All by the engineering AH e'ectFieal shall mebile heekaps be ebtamned heme and parts fire shall from Must comply depaFtn9ent eamply with the State with elty ordinances the Natwona4 Eleetrocal 12.04.778 A, All clustered eentains Gomprehensive B. GIbister outlined C'ustering subdivisions pursuant an Lipban 6and sLibdivisleigs 8n KGG Tmt'e in urban in the SR to this seetleig separator Use Plan shall 15. These separators. 1 zoning when as designated Map-, be suL.,ject standards distriet t,h,e to include property the shall be requiFed is leeated on the G[ty development mq�nmurn let to be within or of Kent standards r width, yards, setbacks, paFking,lan seaping, sigriage, . C. r as well as ethei= chapter, shall apply unless specifleallyexeepted. sLibdMslons- the 2. Permitted lig addition, SR ! zoning distriet uses. the following within The cluster LiFban separator residential standards deve[apggent areas. -si'lail apply eptien te clustered shall inelude 147 Subdivision Code Update Chapter 12.04 KCC + _ t • + + - - - - • • - - . Y • • _ _ i + _ • s w i - - - G - • - - 148 Subdivision Code Update Chapter 12.04 KCC - 148 Subdivision Code Update Chapter 12.04 KCC 149 Subdivision Code Update Chapter 12.04 KCC rdd ■ ! I ■ - - ■ • - - -MW ■ - I / - jamor- 1 - - r - - - Y i r - Ez. -r ■ - - - - - of i ■ •IM -IL INUM • iC � i -MOM _ - i 3 - i - - - i - -- 3 - -' '-r r I!Mglm- - - G - - - - - - i i i - w - - ■ - - M MI W, Mr.'s ■ I I - - - ■ I ■ - ' - - LIM -- -- - i G -EMMULLEWMAs i -- ■ v =;. rdd ■ ! I ■ - - ■ • - - -MW ■ - I / - jamor- 1 - - r - - - Y i r - Ez. -r ■ - - - - - of i ■ •IM -IL INUM • iC � i -MOM _ - i 3 - i - - - i - -- 3 - -' '-r r I!Mglm- - - G - - - - - - i i i - w - - ■ - - 150 Subdivision Code Update Chapter 12.04 KCC 5P �lql WAKE LWANM A BANNER" - - - -� ■ i- i __ - - r - __ - - - -- wli lwl - - -- -31Oi - -� ■ '' i■ - - '' - i G - - i' i �r - ---� - ""r r i - - VON i - - - - ■ - - - - - Y i■ • - r • -�Wnw - -wa avi- wj - Emmull, -I EM L-181 LWAMELM - Y • ml�VIER. r-- MINE. -W.. - C- - - --- -'i- - - • - - - - - - - MUM= ■ r i- - - - -- • w � - RRPmq ■'" -w S. ■ r 151 Subdivision Code Update Chapter 12.04 KCC 152 Subdivision Code Update Chapter 12.04 KCC y - - -- - - - - i r i r• i - V - ■ - - - - - 1 =1 SPANIEL IN ---EL- MM__ r ■ • Y - •• V • r - - - - - • • - - - 3 r - - - - •• i r - - • a- - r - • - - - i - -mmaw - r - - i - - i i i - • r -- - -■ i i -r - ■ ■ r - - - - all 9=1W - - r WIZi i • - - - - - i i w i -- NESIMIL-- - ■ - -MISPE--- - - - -- - - - - - - - i i - - -■ i Y - • - - - ! - ■ ---NEL" - - -- . - . - - - - i--- - ■ i - - - - - - - - - - - - - - - i i ■ - i . i � ■ - - - i i r - 1 - _ _ i i 1 r ■ - - - A- - - a - Y • ■ AXWw IRK. �ti • ■ 152 Subdivision Code Update Chapter 12.04 KCC e ^ tef aG industrial ,- industrial 60 60 44 m M wi w 153 Subdivision Code Update Chapter 12.04 KCC i r Y • ! r � r • i r i i � � � 'r i MIJONEM ""I V WAMMMMLW W -WNW = . ! from M Y 1. insafaF as practical, side let lines shall be at right angles te stFeet lines 2. Gorner lets may be required to be platt wider than inteFieF lets as determined by the planning departn9ent. Article III'V, Binding Site plans Sec. 12.04.800 Purpose. Consistent with RCW 58.17.035, the purpose of this article is (a) to create an alternative process segregating property zoned industrial or commercial for the purpose of sale or lease without the necessity of completing the procedures for platting, and (b) to allow for the division of multifamily residential zoned land for condominium purposes without the necessity of completing the procedures for platting. A binding site plan process merely creates or alters existing lot lines and does not authorize construction, improvements, or changes to the property or the uses thereon. Sec. 1.2.04.805. Binding site plan committee. A. A binding site plan shall be considered by the city's binding site plan committee. Tk,e Elanning services e€ice—shall distribute copies of the application for binding site plan approval to each member of the committee and to other appropriate agencies for review and comment, and provide public notice if required by KCC 12.01.140. 154 Subdivision Code Update Chapter 12.04 KCC B. A meeting attended by the applicant or his representative and the binding site plan committee members shall be held within ��}fortV k401 days of the determination of completeness of the application or receipt of requested additional information, consistent with the timelines established in Ch. 12.01 KCC. The meeting shall be open to the public. Notice of the public meeting shall be circulated consistent with the E requirements of KCC 12.01.145. An additional The meeting may be ea+Fedcontinued if no decision is reached at the first meeting. The second meeting shall be held no later than seven (7) calendar days after the first meeting or on a date mutually agreed upon by the applicant and the committee. C. Three (3) of the five (5) members of the binding site plan committee must be present in order for the committee to take any action. D. The binding site plan committee may approve, approve with conditions or modifications, or deny the application. The committee shall not impose any conditions which are inconsistent with prior land use approvals of the development covered by this application. The decision of the committee shall be made at the committee meeting. E. As a condition of approval of the binding site plan, the binding site plan committee shall have the right and authority to require the deeding of rights-of-way or easements for street and/or utility purposes, when determined necessary as a result of the binding site plan development. Any deeding shall precede the recordation of the binding site plan unless otherwise specified through a development agreement. Sec. 12.04.810 Appeal. The decision of the binding site plan committee shall be final, unless an appeal by any aggrieved party is made to the hearing examiner within fourteen (14) calendar days after the committee's decision. The appeal shall be in writing to the hearing 155 Subdivision Code Update Chapter 12.04 KCC examiner and filed with tire -planning services effiee. Any appeal shall be consistent with KCC 12.01.190, Open record appeal. Sec. 12.04.815. Applicability for commercial and industrial sites. A. The subject site shall consist of one (1) or more legally created lots; and B. The property must be zoned commercial and/or industrial. Sec. 12.04.820. Application requirements for commercial and industrial sites. All of the following information shall be included in any application for binding site plan approval for commercial and industrial i lots: A. At a minimum, the binding site plan application shall include the following information: 1. A map or plan showing the location and size of all new proposed lots; 2. Proposed and existing structures including floor areas and setbacks; 3. Location of existing and proposed public rights-of-way, private and public streets and easements; 4. Location of all existing and proposed open spaces including any required landscaped areas, parking areas and all major manmade or natural features (i.e., streams, creeks, drainage courses, railroad tracks, utility lines, etc.); 5. Layout of an internal vehicular and pedestrian circulation system, including proposed or existing ingress and egress points; 6. Location of existing and proposed fire hydrants to serve the site; 7. Description, location, and size of existing and proposed utilities, storm drainage facilities, and reads streets to serve each lot; 1.56 Subdivision Code Update Chapter 12,04 KCC 8. Expected location of new buildings and driveways; 9. LetterCertificateof water and/or sewer availability, if not served by the city of Kent; 10. Parking calculations to demonstrate that the requirements of j F Gh. 15.95 KCC 15.05 have been met; 11. The following code data: zoning district; total lot area; total building area; percent of site coverage; total parking and vehicle 1 maneuvering areas; i 12. Plans, analysis and calculations verifying building code compliance of all existing structures, to include, but not limited to, identification of all types of construction and occupancy classifications, allowable area calculations, wall and wall opening protection, and provisions for exiting and accessibility for the disabled; 13. Proposed cross -access and maintenance agreements for parking, circulation, utility, and landscaping improvements, if shared; 14. The site plan shall also include the name of proposed development; the legal description of the property for which the binding site plan is sought, the date on which the plans were prepared; the graphic scale and north point of the plans; and 15. The title, "Binding Site Plan" shall be at the top of the plan in large print. B. A fec-efft-current title report produced no more than forty-five (45) calendar days prior to submittal covering all property shown within the boundaries of the binding site plan shall be submitted with the application. C. A plan showing the layout and size of all existing and proposed utilities to serve each lot. D. A phasing plan and time schedule, if the site is intended to be developed in phases. 157 Subdivision Code Update Chapter 12.04 KCC E. A complete environmental checklist, if required by �'"�03 KCC 11.03. F. Copies of all easements, covenants, and other encumbrances restricting the use of the site. Sec. 12.04.825. Approval criteria for commercial and industrial sites. A. Criteria. An application for a binding site plan on commercial or industrial lands may be approved if the following criteria are satisfied: 1. Adequate provisions have been made for stermwater ,detentions, domestic water supply, sanitary sewer, stormwater facilities and conveyance systems;, private and/or public streets;; -4. pedestrian access; vehicle access and maneuvering. public and private utilities; and other public speeds; 2. Each lot shall provide access to a public road street and make provisions for connectivity of alleys, pedestrian aecesswaysaccess ways, and other public ways; I The binding site plan complies with, or makes adequate provisions to comply with, applicable provisions of the building code, fire code, public works desgn and construction standards, and zoning standards; 4. Potential environmental impacts, together with any practical means of mitigating adverse impacts, have been considered such that the proposal will not have an adverse effect upon the environment; 5. Approving the binding site plan will serve the public use and interest and adequate provisions have been made for the public health, safety, and general welfare. B. Shared improvements. As a condition of approval, the city may authorize or require the sharing of open space, parking, access, setbacks, landscaping, and other improvements among contiguous properties. 158 Subdivision Code Update Chapter 12.04 KCC Conditions of use, maintenance, and restrictions on redevelopment of shared open space, parking, access, and other improvements shall be identified on the binding site plan and enforced by covenants, easements, or other similar mechanisms. Such agreements or restrictions shall be recorded with th-L—King County auditor's office and run with the land. Such agreements shall be approved as to form by the city attorney prior to filing the final binding site plan. The binding site plan shall contain toe eeHdqtmons to which the binding silte plan is sHbj any applicable irrevocable dedications of property. The binding site plan shall contain a provision requiring that any development of the site shall be in conformity with the approved site plan and any applicable development regulations subject to the vesting requirements of this chapter. C. Phasing of development. Unless otherwise provided for in a development agreement, development permit applications shall be submitted for all structures and improvements shown on the binding site plan within three (3) years of approval. The planning manager may administratively extend this period by one (1) additional year if requested by the applicant. Permit applications submitted within that period shall be subject to the vesting requirements of this chapter, if the applicant 1 chooses to develop the property in a phased development, the applicant must execute a development agreement with the city pursuant to RCW 36.7013.170. This agreement shall govern, at a minimum, the use and development of the property subject to the binding site plan, including: (1) vesting applicable to subsequent permits; (2) the manner in which each phase of the development will proceed to ensure that the reads streets and utilities necessary to serve each phase of the development are constructed prior to the development of each phase; and (3) expiration of the agreement and all provisions therein. Sec. 12.04.830. Final binding site plan for commercial and industrial sites. Filing of the final binding site plan for commercial and 159 Subdivision Code Update Chapter 32.04 KCC industrial sites shall conform to the requirements set forth in KCC 12.04.210, Filing the final short plat. Sec. 12.04.835. Improvements for commercial and industrial sites. Prior to the issuance of a building permit for construction within a binding site plan for commercial and industrial sites, all improvements required to adequately serve that portion of the pian for which the permit will be issued shall be installed. Improvements may include, but are not limited to, read street construction; water, sewer, and storm utilities; parking; building improvements to meet code; and landscaping. Public improvements may be bonded for, in accord with the process in KCC 12.04.205(D), with approval of the public works director. Sec. 12.04.840. Modifications for commercial and industrial sites. A. If an applicant wishes to alter a binding site plan for commercial and industrial sites or any portion thereof, that person shall submit an application to the—planning services office requesting the alteration. The application shall contain the signatures of all persons having an ownership interest in lots, tracts, parcels, sites, or divisions within the binding site pian or in that portion of the binding site plan to be altered. The planning manager shall have the authority to determine whether a proposed alteration is minor or major. B. If the binding site plan is subject to restrictive covenants which were filed at the time of the approval of the binding site plan, and the application for alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the binding site plan or portion thereof. 160 Subdivision Code Update Chapter 12.04 KCC C. If the alteration is requested to a binding site plan prior to recording of the binding site plan with King County, a minor alteration may be approved with consent of the planning manager and the public works director. A major alteration shall require consent of the binding site plan committee, after public notice and a public meeting is held. The planning services office shall provide notice of the application for a major alteration to all owners of property within the binding site plan, parties of record and as was required by the original application. D. If the alteration is requested to a binding site plan after recording of the binding site plan with King County and it is determined to be a minor alteration, it may be approved with the consent of the binding site plan committee, after public notice and a public meeting is held. The planning services office shall provide notice of the application for a minor alteration to all owners of property within the binding site plan, all parties of record, and as was required for the original application. If the alternation is requested to a binding site plan after recording of the binding site plan with King County and it is determined to be a major alteratlon, then the planning manager shall require the binding site plan be vacated per KCC 12,04.230 and 12.04.845 and a new application for a binding site plan me�-shall be submitted. E. The binding site plan committee shall determine the public use and interest in the proposed alteration and may approve, approve with conditions or modifications, or deny the application for alteration. If any land within the alteration is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration. F. After approval of the alteration, the binding site plan committee shall order the applicant to produce a revised drawing of the approved alteration of the binding site plan, which after signature of the chair of the 161 Subdivision Code Update Chapter 12.04 KCC binding site plan committee, shall be filed with t-h-e-King County a effice-to become the lawful binding site plan of the property. Sec. 12.04.845. Vacation for commercial and industrial sites. A binding site plan may be vacated as a whole only. Vacating a binding site plan releases all conditions and obligations on the parcel associated with such plan. A binding site plan may be vacated by submitting a letter to the planning manager indicating an intention to vacate the binding site plan. The letter shall include signatures of all ownership interests within the binding site plan and shall become binding upon its acceptance by the planning manager. Sec. 12.04.850. Vesting for commercial and industrial sites. A binding site plan application shall be considered under the zoning and other land use eantrol ordinan .., codes in effect on the land at the time of submission of the fully complete binding site plan application. Any vacant or redeveloped lot within an approved binding site plan shall comply with the standards in place at such time as a subsequent project permit application is filed on that property unless otherwise provided for in a development agreement. Sec. 12.04.855. Applicability for condominium sites. Multifamily residential condominium developments are eligible for binding site plan approval, when the purpose of such approval is to divide the property so that -a portion of the parcel or tract can be subjected to either Chapter 64.32 RCW or Chapter 64.34 RCW. A binding site plan can only be approved either when the development has already been constructed or when the approval has been obtained and a building permit for an entire development or a portion of a development is issued. sites. Sec. 12.04.860. Application requirements for condominium 162 Subdivision Code Update Chapter 12.04 KCC A. An application for a binding site pian for condominium sites may not be submitted until a building permit has been approved. B, The binding site plan application shall conform to the following requirements and shall: 1. Be on reproducible material and shall be drawn to a scale of 1 not less than one (1) inch equals one hundred (100) feet (unless otherwise approved by the planning services office) on sheets eighteen (18) inches by twenty-two7four (24-2) inches. 2. Contain the name of the proposed development; the legal description of the property for which binding site plan approval is sought; the date on which the plans were prepared; the graphic scale and north point of the plans. 3. Show the following: a. The layout of the site including the location of all existing and proposed structures and their distance from property lines; the location of all existing and proposed utilities, streets, and easements within or abutting subject property; the location of all existing and proposed vete—pedestrian walkways; and existing and proposed open space area. b. Any areas proposed to be dedicated or reserved for public purposes, and areas to be reserved for private open space and landscaping and areas reserved for the common use of the occupants of the proposed development. C. All major manmade or natural features, i.e., streams, creeks, storm water facilities, railroad tracks, etc. d. Building dimensions, height and number of stories, distance between buildings, location and size of parking areas and number of stalls. e. Following zoning code data: iW Zoning district; 14L2J Total lot area (square feet); 163 Subdivision Code Update Chapter 12.O4 KCC +RW Total building area (square feet); +vim Percent of site coverage; vM Number of units proposed; v+LQ Total number of parking stalls (include handicapped); v4L77) Total parking and maneuvering area (square feet); vi+i•.(8J. Required landscaping (square feet); txa Percent of lot in open space; x 10 Type of construction; x4U1 Sprinklered-nonsprinklered; x44 12 Occupancy classification. 4. Contain the name of the proposed development and the title, "Binding Site Plan" shall be at the top of the plan, in large print, together with the statement required pursuant to RCW 58.17.040 (7)(e), prominently displayed on the face of the site plan map. 5. Contain the statement: "The use and development of the property must be in accordance with the plan as represented herein or as hereafter amended, according to the provisions of the binding site plan regulations of the city and any division of the land subject to this plan shall not take place until the development or the portion thereof to be divided is subject to Chapter 64.32 or 64.34 RCW." 6. Contain the statement: "The faead and utilities shewn en this subject to th�s plan is divi Any building.. permit required to develop any portion of the property shall not be issued until the reads streets and utilities necessary to serve that portion of this property have been constructed and installed or until arrangements acceptable to the city have been made to ensure that the construction and installation of such roads streets and utilities will be accomplished." 164 Subdivision Code Update Chapter 12.04 KCC •• _ _ G ■ w . • C. The application shall be accompanied by a eurre t current title report produced no more than forty-five 45 calendar days prior to submittal. Sec. 12.04.865. Approval criteria for condominium sites. Approval of a binding site plan shall take place only after the following are I met; IA. Adequate provisions have been made for open space, domestic water supply, sanitary sewer, storm water facilities and conveyance systems, private and/or public streets, pedestrian access, vehicle_ access j and maneuvering, public and private utilities and other public needs i according to the design and construction standards of tl�epublic works department alleys, streets, , wateF supplies, epen spaee, ,and sanitary—wastes, for the entire property eevered by the binding site 1-28. Comply with all building code requirements; K. Comply with all zoning code requirements and development (standards; and Have suitable physical characteristics. A proposed binding site plan may be denied because of flood, inundation, or critical areas or construction of protective improvements may be required as a condition of approval. Sec. 12.04.870. Enforcement. Any violation of the conditions of approval, limitations on development or the requirements of development imposed as part of a binding site plan approval shall be subject to the 165 Subdivision Code Update Chapter 12.04 KCC enforcement proceedings and penalties established for violation of Chapter 58.17 RCW and Chapter 1._2.04 KCC. Sec. 12.04.875. Final binding site pian for condominium sites. The final binding site plan map which is submitted for filing shall conform to all requirements of the preliminary binding site plan, plus the following; IA. It must be a reproducible map plotted on mylar or photographic mylar drawn to a scale of not less than one (1) inch equals one hundred (100) feet, on stabilized drafting film or on linen treeing cloth. Graphic -Sscale and north point must be on the map; -2B. Size eighteen (18) inches by twenty -t four (242) inches; -3C. Legal description of the total parcel shall be shown on the final Hnenbindin site-p.lan;All legal degeriptiens shall be metes and h-aundS descriptions eflect-ing within the deseriptions ties to all subdiv�gieiq knesi EMSM Li.3.iu■.1 MA iaw..ois= �i[wowat�l1/!1<�11il�►Ril1w l_' 4D. Property subject of the binding site plan shall be surveyed by a land surveyor licensed in the state of Washington. All exterior corners and streets shall be monumented. Surveyor's certificate must appear on the final linnbindin site Ian; S. Ali conditions, limitations, andFequwFernents i- - i p -of the - i as required pursuant i approvals - forth in KGG ■ J • - - or -appreval of- binding -corningitteeshallM appFeprfately forther referenced,Building permit number, - - - - r beshown- Certificate i f by r •binding site plan committee shall be provided on the hien-final binding -site plan; and -7F. The -Fface of the final binding site plan linen must be signed by all owners of the property. 166 Subdivision Code Update Chapter 12.O4 KCC Sec. 12.04.877. Filing the binding site plan for condominiums. The binding site plan must be signed by the chairman of the binding site plan committee. An approved binding site plan shall be filed for record :ig the office of thewith King County auditor and shall not be deemed approved until so filed. Copies of the approved binding site pians shall be filed with t-h-e—planning services —office, city clerk's office, and department of public works. Sec. 12.04.880 Expiration period for condominium sites. If the binding site plan is not filed within six (6) months of the date of approval, the binding site plan shall become null and void. Upon written request of the applicant, the planning services office may grant one (1) extension of not more than six (6) months. Such request must be received by t -h -e -planning services e€f ee prior to the six (6) month expiration date. Sec. 12.04.885. Modifications for condominium sites. A. An approved binding site plan may be amended by filing a request for such an amendment with th-e—planning services efflee. 'T"+ire pPlanning services efflee -shall determine what information shall be submitted with a request for an amendment, based on the type of modification being requested. Any amendment to an approved binding site plan must be reviewed by the binding site plan committee, unless the committee sets forth other guidelines for approval of minor modifications. B. If approved by the binding site plan committee, the amendment shall be set forth in writing and filed in accordance with the Kent City Code, exeept "' iatt. it snall Lbe—and recorded only of the 19inf-Jillng Site plan mitteeideas Ot to be rra^ with King County. Article IVI. Lot Line Adjustments Sec. 12.04.900. Purpose of lot line adjustments. The purpose of a lot line adjustment is to allow for the adjustment of common property lines or boundaries between adjacent lots, tracts, or parcels in order to 167 Subdivision Code Update Chapter 12.04 KCC rectify a disputed property line location, free the boundary from any differences or discrepancies or accommodate a minor transfer of land. The resulting adjustment shall not create any additional lots, tracts, or parcels and all reconfigured lots, tracts, or parcels shall contain sufficient area and dimension to meet minimum requirements for zoning and building ptwpe�e-scocle requirements. Sec. 12.04.905. Scope. A lot line adjustment shall allow property owners to alter, eliminate or relocate lot lines to correct setback encroachments, improve access, correlate property lines with survey or map lines or to create better lot design while conforming to all applicable code requirements pertaining to lot design, building location, and development standards. A lot line adjustment shall not allow the creation of an additional lots parcels or tract. All lines being adjusted must be between lots that have been legally created under the regulations of the subdivision ordinances in effect at the time of the lots' creation. Sec. 12.04.910. Preliminary consultation with staff. Any person who desires to change the location of a lot line on land in the city should consult with th-e-planning services at an early date on an informal basis in order to become familiar with the requirements of this chapter. The public works department, fire department and building services division shall also be consulted at this time for advice and assistance in understanding the impact of relocating the lot line in relation to structures and easements and any applicable engineering requirements of this chapter. Sec. 12.04.915. Application procedures. Lot line adjustment applications shall be submitted on the forms supplied and in the number of copies prescribed by t-h�—,planning services, and shall include the following: 168 Subdivision Code Update Chapter 12.04 KCC IA. A legible map, drawn to an appropriate decimal scale on a minimum eight -and -one-half (8-1/2) inch by eleven (11) inch sheet of paper showing all of the information required by the application form; 2B. The signature of all parties having any ownership interest in the lands affected by the lot line adjustment, indicating that the lot line adjustment is made with free consent and in accordance with their desires. For purposes of this section, "ownership interest" shall include legal and equitable property interests, including, but not limited to, present, future, contingent or whole fee interests, together with a beneficiary's interest pursuant to a trust and contract interest pursuant to a specifically enforceable contract for the purchase of the real property; 3C. A current title report produced no more than forty-five (45) calendar days prior to lot line adjustment application, or other .sae n.,.,.-.tation as U 0 hrnrnrtn. T7lZ,, D. A copy of the existing legal description for bath all parcels; and SF metes and brt,,nds Legal descriptions of the proposed new lots_ 4 other than a platted let. Sec. 12.04.920. Principles of acceptability. Lot line adjustments shall be consistent with the following principles of acceptability: IA. Adjust lot lines to eliminate a common lot line between parcels in the same ownership, to relocate a lot line to rectify a property line dispute, correct property line or setback encroachments, or correlate with more E accurate survey data; and to allow a minor transfer of land between adjacent parcels; -2B. Create better lot design, or improve access; 169 Subdivision Code Update Chapter 12.04 KCC 3C. Conform to applicable zoning, subdivision and other code requirements pertaining to lot design, building location, and development standards; 4D. "void erea k ofShall not create an additional lot, parcel or tract; -5E. Lots created or combined for tax purposes do not constitute a legal lot of record-.,- 6F. If a lot line adjustment is used to facilitate the development of the remaining property by segregati.ing an existing house that . -parcel shall be subject to the same design and construction standards as the development. i ....... r _. i _ _ ■ • � MAN Y • A No • • WA• M-2 _ Y Y MWKIRNRWAM MIL r ■ I _-7-7-9aY ■ • IN V � W • @WIN _ Y • 170 Subdivision Code Update Chapter .12.04 KCC Sec. 12.04.930. Vesting. A proposed relocation of a lot boundary line shall be considered under the requirements of this chapter and the zoning and other land use regulations in effect on the land at the time that an application for a lot line adjustment as defined in this chapter, has been determined to be complete and has been accepted by the city of Kent, Sec. 12.04.935. Referral of application. A. Within fiveseven(57) calendar days of accepting a complete application, tfi-e-planning services shall distribute copies of the lot line adjustment map and the application materials for review and comment to city departments with jurisdiction over the lot line adjustment application. The distribution notice shall state the dates of the comment period and deadline for submission of comments to th-e-planning services. B. A copy of the lot line adjustment map and the application materials shall be provided to affected agencies as deemed necessary or if requested by the agency. C. City departments and affected agencies shall submit comments on the proposed lot line adjustment to tyre ---planning services depaFtment within ten (10) calendar days of distribution. The department or agency is presumed to have no comments if comments are not received within the specified time period. Sec. 12.04.940. Approval criteria. A. A proposed lot line adjustment shall not be approved unless the city finds that: 1. Appropriate provisions have been made for: a. Setbacks from existing buildings to proposed new property lines; b. Existing and proposed utilities and utility easements; 171 Subdivision Code Update Chapter 12.04 KCC C, Existing and proposed access to the parcels, adjacent streets, and access easements; d. Lot dimension and area conforming to city code requirements; e. Location of onsite parking, landscaping and other significant site features affected by the proposed new property lines; f. The public health, safety, and general welfare of the community; and g. Protection of critical areas and habitat as required by Cha ter 11.06 KCC,_ 2. The city has considered all other re[evant facts; 3. The public use and interest will be served by the adjustment of such property lines; end - 4. The lot line adjustment is consistent with the principles of acceptability per KCC 12.04.920...; and 5. New legal descriptions are consistent with the minimum standard requirements specified in WAC 332-130-_040. Sec. 12.04.945. Decision on tot line adjustments. A. The pPlanningservices will review and approve the proposed lot line adjustment after receiving a complete application and (providing an opportunity for comment from other city departments and I affected agencies. The planning dit=eeter manager may approve, approve with modifications, or deny the application for a lot line adjustment. If approved, all copies of the lot line adjustment map shall be stamped "approved" and signed and dated by the planning di-ree-tormanager. The applicant shall be notified in writing of the decision. Additional copies of 1 the approval notification and map shall be distributed to the -King county as3 er's efflee and to thepublic works department. B. If modifications are deemed necessary by the planning direetormanager, they may be added to the original lot line adjustment 172 Subdivision Code Update Chapter 12.04 KCC map or a revised map may be required. The applicant will be notified of the requirements for any such modification action. If a modification of the original lot line adjustment map, legal description or other information is necessary, the projected approval date may be extended. C. If denied, the lot line adjustment shall be marked "denied" and the applicant shall be notified in writing of the decision, stating the reasons. Sec. 12.04.950. Appeal of decision on lot line adjustments. The decision of the planning d+FeetII,=manager shall be final, unless an appeal is made by e --the aggrieved party of record to the hearing examiner within fourteen (14) calendar days after the written decision. The appeal shall be in writing and shall be processed pursuant to Ch. 2.32 and 12.01KCC. The decision of the hearing examiner shall represent final action of the city and is appealable only to superior court. r Sec. 12.04.955. Appeal to superior court. The decision of the hearing examiner is final, unless appealed to the superior court. Such an appeal must be filed with the superior court within twenty-one (21) calendar days from the date the decision was issued. Sec. 12.04.960. Recording lot line adjustments. A lot line adjustment does not become effective until it and the appropriate deeds are recorded with the—King Countoffice. The city shall submit the approved map and new legal descriptions to King County for recording. The city shall return a copy of the recorded documents to the applicant. The recording of a lot line adjustment does not constitute a transfer of E. F title. If the title to an area of land is changing ownership, separate deeds to this effect must be recorded with th-e-King County assesser-'s office. SFCTIDN 2. - Savings. The existing chapter 12.04 of the Kent City Code, which is amended this ordinance, shall remain in full force and effect until the effective date of this ordinance. 173 Subdivision Code Update Chapter 12.04 KCC SECTION 3. - Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. 174 Subdivision Code Update Chapter 12.04 KCC r. SUZE�TTE COOKE, MAYOR ATTEST: BRENDA 3ACOBER, CItY .CLERK �APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: ��' day of January, 2009. PROVED:- day of January, 2009. PUBLISHED: day of January, 2009. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. P:'�CiN,illOr(linanQelStit)T)i-*,isi4)tiCode-20091JI)d,ite,docx SEAL) BRENDA JACOB,'OTY CLERK 175 Subdivision Code Update Chapter 12.04 KCC