HomeMy WebLinkAbout3944AN ORDINANCE of the City Council of the
City of Kent, Washington, amending section
12.04.025 of the Kent subdivision code entitled
"Definitions" in order to revise the definition of
tract in regard to future development tracts.
RECITALS
A. The Kent subdivision code, Chapter 12.04 of the Kent City
Code, defines and uses Tracts to reserve land for specified uses including,
but not limited to, future development, recreation, open space, sensitive
areas, surface water retention, utility facilities, and access. Given the
current definition of Tracts, an issue has arisen as to whether Tracts
reserved for Future Development may be used for residential dwelling
units in the future.
B. These code amendments are intended to clarify that Future
Development Tracts could be used for residential dwelling units if reviewed
and approved at a later date. These code amendments apply to all Tracts
created after the effective date of this ordinance. These code amendments
also apply to Tracts existing in the City of Kent on the effective date of this
ordinance that were previously created under the City of Kent or King
County subdivision processes. These code amendments apply to project
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permit applications that have not expired or been terminated involving
Tracts.
C. The State Environmental Policy Act (SEPA) responsible official
has determined that the proposed Kent City Code amendments are
procedural in nature, and further SEPA analysis is not required for these
local code amendments.
D. A dralt version of this ordinance was submitted to the
Washington State Department of Community, Trade, and Economic
Development for expedited review on December 8, 2009, and on
December 30, 2009 the city was granted expedited review and told it had
met the Growth Management Act notice requirements under RCW
36. 70A.106.
E. The Land Use and Planning Board considered this update to
the code at the December 14, 2009 workshop. The Board then held a
public hearing on January 11, 2010. The Economic and Community
Development Committee considered the issue and recommendation of the
Board on February 8, 2010.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. -Amendment. Section 12.04.025 of the Kent City
Code is amended as follows: The following words, terms, and phrases,
when used in this chapter, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different
meaning:
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A. Active recreation activities shall mean all outdoor recreational
activities which involve field and court games.
B. Alley shall mean a public or private way not more than twenty (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: (1) identifies
and shows the areas and locations of all streets, improvements, utilities,
open space, and any other matters specified in this chapter; (2) contains
inscriptions or attachments setting forth such appropriate limitations and
conditions for the use of the land as established by the city through the
approval process; and (3) contains provisions which require any
development to be in conformity with the binding site plan.
D. Binding site plan committee shall be a committee consisting of the
planning manager, who shall be the chairperson, one (1) member of the
land use and planning board, the building official, public works director,
parks and community services director, and the fire chief, or their
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 duration
of a mode trip, and path choices made between two (2) or more activity
spaces. Traffic counts usually indicate a measure of circulation.
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G. Clustering or cluster subdivision shall mean a development or
division of land in which residential building lots are reduced in size and
concentrated in specified portion(s) of the original lot, tract, or parcel.
H. Common open space shall mean a parcel or parcels of land or an
area of water or a combination of land and water within the site designated
for a subdivision or a planned unit development, and designed and
intended primarily for the use or enjoyment of residents of a subdivision.
Common open space may contain such complementary structures and
improvements as are necessary and appropriate for the benefit and
enjoyment of residents of the subdivision.
I. Community park shall mean a park that serves the entire city of
Kent and can be located throughout the city. Community parks may have
facilities or amenities that are not offered elsewhere in the city, and which
can include boating, swimming, fishing, athletic fields, group picnic
shelters, play equipment, hard courts, skateparks, and trails, and will vary
at each park. Access to the park is by car, public transit, foot, or bicycle.
Off-street parking is provided.
J. Comprehensive plan shall mean the document, including maps,
adopted by the city council, which outlines the city's goals and policies
relating to management of growth, and prepared in accordance with
Chapter 36. 70A RCW. The term also includes adopted subarea plans
prepared in accordance with Chapter 36. 70A RCW.
K. Connectivity shall mean the connection of neighborhoods by through
streets, easements, or other rights-of-way, to activity centers including
other subdivisions, neighborhood centers, shopping centers, transit stops,
recreational spaces, and other public facilities. Such connections shall have
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a character that is pedestrian-friendly and that provides a sense of
location.
L. Cul-de-sac shall mean a short street having one (1) end open to
traffic and being terminated at the other end by a vehicular turnaround.
M. Dedication shall mean a deliberate conveyance of land by its owner
for any general and public uses, reserving to the 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 dedication thereof; and the
acceptance by the public shall be evidenced by the approval of such plat
for filing by the city.
N. Division of land shall mean the subdivision of any parcel of land into
two (2) or more parcels.
0. Final plat or final short plat 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.
P. Hearing examiner shall mean the person appointed by the mayor, or
his or her designee, to conduct public hearings on applications outlined in
Ch. 2.32 KCC which creates the hearing examiner, and who prepares a
record, findings of fact, and conclusions on such applications.
Q. Homeowners' association shall mean an incorporated nonprofit
organization operating under recorded land agreements through which:
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1. Each lot owner is automatically a member;
2. Each lot is automatically subject to a proportionate share of
the expenses for the organization's activities, such as maintaining common
property; and
3. A charge if unpaid becomes a lien against the property.
R. Land use and planning board shall mean that body as defined in Ch.
2.57 KCC.
5. Lot shall mean a fractional part of divided lands having fixed
boundaries, being of sufficient area and dimension to meet minimum
zoning requirements for width and area. The term shall include tracts or
parcels.
T. Lot, corner shall mean a lot abutting upon two (2) or more public or
private streets at their intersection or upon two (2) parts of the same
street, such streets or parts of the same street forming an interior angle of
less than one hundred thirty-five (135) degrees within the lot lines.
U. Lot frontage shall mean the front of a lot which shall be that portion
nearest a public or private street or, if the lot does not abut a street, the
portion nearest an ingress/egress tract or easement. On a corner lot, the
front yard shall be considered the narrowest part of the lot that fronts on a
street, except in industrial and commercial zones, in which case the city
has the authority of determining which part of the lot fronting on a street
shall become the lot frontage.
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V. Lot line adjustment shall mean the adjusting of common property
lines or boundaries between adjacent lots, tracts, or parcels for the
purpose of rectifying a disputed property line location, freeing such a
boundary from any differences or discrepancies or accommodating a minor
transfer of land. The resulting adjustment shall not create any additional
lots, tracts, or parcels and all reconfigured lots, tracts, or parcels shall
contain sufficient area and dimension to meet minimum requirements for
zoning and building purposes.
W. Lot lines shall mean the property lines bounding the lot.
X. Lot measurements shall mean:
1. The depth of a lot which shall be considered to be the
distance between the foremost points of the side lot lines in front and the
rearmost points of the side lot lines in the rear.
2. The width of a lot which shall be considered to be the distance
between the side lines connecting front and rear lot lines; provided,
however, that width between side lot lines at their foremost points where
they intersect with the street right-of-way line shall not be less than eighty
(80) percent of the required lot width except in the case of lots fronting on
cul-de-sacs or curves, where eighty (80) percent of requirements shall not
apply. However, the provisions of KCC 15.04.180(37) apply to lot widths
within the SR-4.5, SR-6 and SR-8 zoning districts.
Y. Lot of record shall mean a parcel of land that has been considered a
lot in accordance with the subdivision, short subdivision, or other land
segregation laws in existence at the time the lot was created, or a parcel
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described as a fractional portion of a section as described in the Public
Land Survey System.
Z. Lot, through shall mean a lot that has both ends fronting on a
street. Either end may be considered the front as determined by the city.
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
Instructions for Surveying 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
the park. Access is primarily by foot or bicycle, so the park is usually no
further than one~half (1/2) mile from any point in the neighborhood.
Parking spaces are typically not provided, unless on-street parking is not
available, accessible or safe. Neighborhood parks have amenities for casual
activities that are not programmed or organized, or for which a fee is
charged. Amenities may include play equipment, picnic tables, shelters,
hard courts (basketball, tennis), walking trails, and open grassy areas.
CC. Official plans shall mean those maps, development plans, or
portions thereof, adopted by the city council as provided in Chapter 44,
Section 6, Laws of 1935, as amended. Such plans or maps shall be
deemed to be conclusive with respect to the location and width of streets,
public parks, and playgrounds and drainage rights-of-way or easements as
may be shown thereon.
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DD. Park open space shall mean those areas that are environmentally
sensitive, wildlife habitat, or wetlands, that remain in a relatively natural
state with minimal improvements for public access, interpretation, study,
or enjoyment.
EE. Park service area shall mean those areas defined by arterial streets
or geographic features, and which are identified in the comprehensive park
and recreation plan, that a neighborhood park or community park is
intended to serve.
FF. Performance bond or guarantee shall mean that security which may
be accepted in lieu of a requirement that certain improvements be made
before the final plat is approved and signed, including performance bonds,
escrow agreements and other similar collateral or surety agreements. See
the Construction Standards for detailed requirements.
GG. Piggyback or accumulative short subdivision shall mean multiple
short subdivision of contiguous land under common ownership. Ownership
for purposes of this section shall mean ownership as established at the
application submittal date of the initial short subdivision approval.
HH. Plat shall mean a map or representation of a subdivision, showing
thereon the division of a tract or parcel of land into lots, tracts, 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 following a duly advertised meeting of the short
subdivision committee.
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JJ. Preliminary plat shall mean a precise scale drawing of a proposed
subdivision showing the general layout of streets and alleys, lots, tracts,
and other elements of a plat or subdivision which shall furnish a basis for
the approval or disapproval of the general layout of a subdivision.
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
public dedication, environmental protection, or stormwater 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,
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 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
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intended for public dedication, environmental protection, or stormwater
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
land use and planning board, public works director, parks and community
services director, and the fire chief, or their designated representatives.
PP. Street shall mean a public or private way which affords a primary
means of access to property.
QQ. Subdivision shall mean the division or redivision of land into ten (10)
or more lots, tracts, parcels, sites, or divisions for the purpose of sale or
lease or transfer of ownership. 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 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.
SS. Tentative plat shall mean a map drawn in accordance with the same
requirements as the preliminary plat map, but submitted prior to
preliminary plat submittal. The tentative plat is reviewed at a pre-
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.
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UU. Tract shall mean land reserved for specified uses including, but not
limited to, future development, recreation, open space, sensitive areas,
surface water retention, utility facilities, and access. Tracts are not
considered building sites for purposes of residential dwelling unit
construction, provided that future development tracts may be used in the
future as building sites for purposes of residential dwelling unit
construction upon application, further review, and approval by the city.
VV. Trail system shall mean those pathways that connect points of
interest, parks, community facilities, streets, residences, etc., in the
community, which are generally not confined within the limits of one (1)
park or neighborhood. Trails are intended to be used by bicycles,
rollerskaters, pedestrians, and the like. Use by motorized vehicles is
prohibited.
WW. Urban separators shall mean low-density lands that define
community or municipal identities and boundaries, protect adjacent
resource lands, rural areas, and environmentally sensitive areas, and
create open space corridors within and between urban areas which provide
environmental, visual, recreational, and wildlife benefits.
SECTION 2. -Savings. The existing chapter 12.04.025 of the Kent
City Code, which is repealed and replaced by this ordinance, shall remain
in full force and effect until the effective date of this ordinance.
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.
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SECTION 4. -Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; references to other local, state or federal laws,
codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
SECTION 5. -Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage as provided by law.
ATTEST:
APPROVED AS TO FORM:
PASSED:
APPROVED:
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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:\Civil\Ordinance\12.04.0250rdinance.docx
EAL)
BRENDA JACOBEE,
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