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
--
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29 Subdivision Code Update
Chapter 12.04 KCC
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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,
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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
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Chapter 12.04 KCC
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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
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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
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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, ,
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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
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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
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Chapter 12.04 KCC
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Chapter .12.04 KCC
103 Subdivision Code Update
Chapter 12.04 KCC
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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
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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
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signifieant stands of trees and reek
108 Subdivision Code Update
Chapter 12.04 KCC
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109 Subdivision Code Update
Chapter 12.04 KCC
do
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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
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Chapter 12.04 KCC
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112 Subdivision Code Update
Chapter 12.04 KCC
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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 . • -
- - - ' -
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-
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'r' • :-: : - -
: : : - -
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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
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117 Subdivision Code Update
Chapter 12.04 KCC
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n
0
,
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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
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Chapter .12.04 KCC
120 Subdivision Code Update
Chapter 12.04 KCC
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121 Subdivision Code Update
Chapter 12.04 KCC
122 Subdivision Code Update
Chapter 12.04 KCC
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123 Subdivision Code Update
Chapter 12.04 KCC
!
I
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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
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126 Subdivision Code Update
Chapter 12.04 KCC
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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
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134 Subdivision Code Update
Chapter 12.04 KCC
135 Subdivision Code Update
Chapter 12.04 KCC
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Chapter 12.04 KCC
136 Subdivision Code Update
Chapter 12.04 KCC
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137 Subdivision Code Update
Chapter 12.04 KCC
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Chapter 12.04 KCC
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139 Subdivision Code Update
Chapter 12.04 KCC
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Chapter 12.04 KCC
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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
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Chapter 12.04 KCC
144 Subdivision Code Update
Chapter 12.04 KCC
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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
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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.
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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.
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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
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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.
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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."
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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
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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
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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.
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Sec. 12.04.877. Filing the binding site plan for
condominiums. The binding site plan must be signed by the chairman of
the binding site plan committee. An approved binding site plan shall be
filed for record :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
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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:
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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
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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;
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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.
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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;
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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
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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.
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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.
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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
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