HomeMy WebLinkAbout4035ORDINANCE NO.lk> 35
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter
12.04, Kent City Code, spec1f1cally Section
12.04.117, Section 12.04.210, Section 12.04.221,
Section 12.04.227, and Section 12.04.263, related
to the admm1strat1on of subdivisions, bmdmg site
plans, and lot line adJustments [ZCA-2011-3].
RECITALS
A. Local planning leg1slat1on anses from many sources, mclud1ng,
but not limited to, Federal, State or regional mandates; changes to local
community v1s1on; complaints; need for clarity; updated technologies,
business operations or strategies that make existing codes outdated; and
conflicts with updated regulations m other City departments.
B. The City has determined that amendments to Chapter 12.04,
Kent City Code (KCC), are necessary to reflect an improved perm1ttmg
process, provide clanf1cations, reflect updated state regulations, and
ensure development standards reflect the intent of the subject code
prov1s1ons.
C. The City has determined that an amendment to Section
12.04.117 is necessary to clarify that pre-application conferences for
subd1v1s10ns and short subd1v1s1ons are encouraged, but not required. This
1 Administration of Subdivisions
Amend Ch 12.04
amendment also eliminates the application process for a tentative
subd1v1s1on or tentative short subd1v1s1on.
D. Language requ1nng that an approved printed computer plot
closure on all lots, streets, alleys and boundaries was inadvertently deleted
from Section 12.04.210 in a previous code amendment, and should be re-
inserted into the code.
E. In order to be consistent with state regulations for the
expiration of a preliminary plat approval, Section 12.04.221 should be
amended by removing the existing language, and adopting the state
expiration regulations by reference to RCW 58.17.140. This amendment
also eliminates extensions of the expiration penod.
F. The City has determined that amendments to Section
12.04.227 are necessary to clarify what constitutes a maJor or minor
alteration of an approved prel1mmary plat or short plat. This amendment
includes language that treats ma]or land alterations as new applications for
the purposes of vesting.
G. The development standards for the SR-1 zone conflict with
the purpose and intent of cluster developments, where small lots are
encouraged in order to provide additional protection and buffering of
sens1t1ve areas. The City has determined that an amendment to Section
12.04.263 will allow developments subJect to clustenng m the SR-1 zone
to use the SR-8 development standards, with the exception of lot size, lot
width, density, and other clustering requirements outlined m this section.
H. The City's State Environmental Policy Act (SEPA) Responsible
Off1c1al has determined that the proposed amendments are procedural in
nature and thus categorically exempt from further SEPA review.
2 Administration of Subdivisions
Amend Ch 12.04
I. On November 8, 2011 notice was sent to the Washington
State Department of Commerce and expedited review was requested as
required under RCW 36. 70A.106(3)(b). On November 23, 2011 1 the City
was granted expedited review and was informed that 1t had met the
Growth Management Act notice requirements under RCW 36.70A 106.
J. The Land Use and Planning Board discussed this matter at its
November 14, 2011 workshop and after holding a Public Hearing on
November 28, 2011 recommended approval of the amendments including
Option B of the plat exp1rat1on amendment, as presented at that hearing.
K. The Economic and Community Development Committee
considered this matter at a meeting held December 121 2011, and after
holding a Public Hearing on March 12, 2012, to consider further options for
the plat exp1rat1on amendment, recommended approval of the
amendments, including a new Option B of the plat expiration amendment,
as presented at that hearing.
L. The City Council declined to consider this matter at its March
20, 2012 meeting1 at which time the City Council instead directed that the
proposal be reconsidered by the Economic and Community Development
Committee.
M. The Economic and Community Development Committee
considered this matter again at its meeting held April 9, 2012, and after
holding a Public Hearing on April 9, 2012, to consider further options for
the plat exp1rat1on amendment, recommended approval of the
amendments, including a new Option D of the plat expiration amendment,
which mod1f1ed Option B, as presented at the Public Hearing on March 12,
2012.
3 Administration of Subdivisions
Amend Ch 12.04
N. The City Council agam considered this matter at its April 17,
2012 meeting.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. -Amendment. Section 12. 04.117 of the Kent City
Code 1s amended as follows:
Sec. 12.04.117. Pre-application review.
A. Appllcat1ons for a tentative sub6Ms1on or--t-eAffiffife--sh-er-t---stlbdiv+Sl-eA-
pre appl 1catmn meeting and review shall--be--fttefr-wttft-f>lan-ning~--serv-JCes-:
Pursuant to KCC 12 01 080, a pre-application meeting conference 1s
requ1refr-encouraged for a-l+-subd1v1s1ons, aH-and Type I and Type II short
subd1v1sions, and only for Type I short subd1v1s1ons 'Nh1ch__thfil; require
SEPA review. The scale and information required for a pre-application
mect1i;g conference and the number of copies to be filed shall be m
accordance with the requirements of the planning managerappl1cat1on
checklist.
B. Planning services sl"lall transmit copies--ef the tent-at~at--te-t-Ae-f-tre;
public works, and parks departments1 public utility ageneteS-ser-v1ft9-#le
area, and to any otRer-Gepart:ment-or-agency--deemed-neeessary-;-
C. A meeting on the tentat1'1e plat shall be held that 1s attended by
planning ser¥1ces, other cit'f' departments that receive copies of the
tentative plat, and the subdivider Recommendat1ons by the various
departments fer rev1s1on of the tentative plat should be discussed at such
4 Administration of Subdivisions
Amend Ch 12.04
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meeting. Tl=tese recommendattons and potential condit1oos of appFE>va-l--m
tl=te appl1cat1on shall be recorded m ·.·mtmg and mailed to the-sttl:>Eltv1der by
planning services.
D. The recommemlaoons of the city dcpa-r-tmerits--st-m-H--bc-l:Jasecl----eft
v't·hetl=ter the tcntat1'v'e plat ts:
1. In co nf0fm-an€e-wtt--A-the-ptti=pose -a rn:l-r-cgulattens-of-&-tis-clTapter1-
2. In conformance with fire safety regulations;
3. In conformance ·,•,·ith the transportation master plan and
appropriate design and construction standards established for the
area 1n which the subd1v1s1on or short subd1v1s1on will be develepe<lt
4. In conformance 't'iltl=t sewer, water, and other ut1l1ty plans for the
area; and
5. Not detrimental te tloie natural env1ronment-o-r-tt··s-stffFO-ttftd+fl§-S";
SECTION 2. -Amendment. Section 12.04.210 of the Kent City
Code 1s amended as follows:
Sec. 12.04.210. Filing the final plat.
A. A final plat or final short plat shall be prepared by a professional
land surveyor licensed in the state of Washington, based on the
Washington State Plane Coordination System, and be submitted to
planning services along with all forms required and with the number of
originals and copies requested.
B. The final plat or fmal short plat submitted for f1hng shall comply with
the conditmns of preliminary approval and Chapter 58 09 RCW, Chapter
332-130 WAC, and Chapter 58.17 RCW. The original drawing shall be in
black ink on mylar or photographic mylar.
5 Administration of Subdivisions
Amend Ch 12.04
C. In add1t1on to other requirements as spec1f1ed in this section, the
final plat or fmal short plat shall contain or be accompanied by the
following:
1. Signature of the owner of the property on the face of the fmal
plat or final short plat mylar;
2. A notarized cert1f1cate of the owner, contract purchaser,
g ra ntor of a deed of trust, or other holder of benef1c1a I title to the
property being subd1v1ded 1nd1cat1ng that the subd1v1s1on or short
subd1v1s1on 1s made with free consent and m accordance with their
desires, and if the subdiv1s1on or short subd1v1s1on 1s sub1ect to deeding of
property, the notarized cert1f1cate shall be signed by all parties having any
ownership interest in the lands subd1v1ded. 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 spec1f1cally enforceable contract for the
purchase of the real property;
3. Certification by the responsible health agencies that the
methods of sewage disposal and water service are acceptable;
4. Cert1ficat1on by the public works department that the
subdivider has compiled with either of the following alternatives:
a. All improvements have been installed m accordance
with the requirements of these regulations, or
6 Administration of Subdivisions
Amend Ch 1.2.04
b. Certain improvements have been deferred according to
KCC 12.04.205(0), deferred improvements;
5. The subdivider shall furnish the city a current plat or short
plat certificate or title report from a title insurance company, produced no
more 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
m the plat or short plat, subd1v1s1on, short subd1v1s1on, or dedication and
that lists all liens and encumbrances. The legal description m the title
report shall be 1dent1cal to the legal description on the face of the plat or
short plat. The city reserves the right to require updates of the cert1f1cate
or title report at any time prior to signing the final plat or final short plat
by the short subd1v1s1on committee chairman;
6. Any person signing for a corporation must provide
documentation that shows they have the authority to execute on behalf of
the said corporation;
7. Copies of any restrictive covenants as may be used in the
subd1v1s1on or short subd1v1sion;
8. Cert1f1cation of approval to be signed by the Kmg County
assessor;
9. Cert1f1cation of approval to be signed by the King County
recorder;
10. Certificate of approval by the chairman of the short
subdivismn committee;
7 Administration of Subdivisions
Amend Ch 12.04
11. Copies of any bylaws for a homeowners' association, if
created~;.
12. Approved pnnted computer lot closure on all lots. alley_s and
boundaries.
D. All subdiv1s1ons and short subd1v1s1ons shall be surveyed by a land
surveyor licensed in the state of Washington. All lot, tract, parcel, and
right-of-way corners and angle points shall be set in accordance with
Chapter 58.09 RCW. Street monuments shall be in accordance with city of
Kent design and construction standards and shall be installed per those
same standards. Suff1c1ent 1nterv1s1ble monuments shall be set to ensure
that any property within the subd1v1s1on or short subdiv1s1on can be readily
resurveyed at a later time or as may be specified by the public works
department. All fmal plats and final short plats shall be based on at least
two city of Kent honzontal control pomts and reference the North American
Datum of 1983/1991 AdJustment (NAD 83/91) or its successor as may be
adopted by the public works department survey section.
E. If any utility companies and/or utility districts have existing
easements w1thm the proposed plat or short plat, the applicant or its
assigns shall have these easements removed or shall have their nghts
subordinated to the city of Kent 1f they fall w1thm dedicated nght-of-way or
tracts for public use.
F. The fmal plat or fmal short plat must be submitted to planning
services for review as to compliance with all terms of the prel1mmary
approval; terms of bonding or the completion of all improvements; and
completeness and accuracy of survey data and platting requirements.
8 Administration of Subdivisions
Amend Ch 12.04
G. Before a final short plat is filed with King County, 1t shall be signed
by the chairman of the short subd1v1sion committee when the plat 1s
determined to be in compliance with all applicable short subd1v1s1on
requirements.
H. After all final plat cond1t1ons for a subd1v1s1on have been met,
planning services shall set a date for a public meetmg for the city council
to consider the final plat.
I. Before the final plat of a subd1v1s1on is submitted to the city council,
it shall be signed by the city engineer and planning managerd1rector. After
the final plat is approved by the city council, 1t shall be signed by the
mayor and the city finance director.
J. An approved final plat or short plat shall be filed for record with
King County and shall not be deemed approved until filed.
K. A conformed copy of the recorded plat or short plat shall be filed
with planning services and the public works department.
SECTION 3. -Amendment. Section 12.04.221 of the Kent City
Code 1s amended as follows:
Sec. 12.04.221. Subdivision preliminary plat expiration.
A. Subd1v1s1on preliminary plat approval shall lapse five (5)-year-s-fr-e-m
the date of approval unless remain valid for that penod of time spec1f1ed in
Chapter 58.17 RCW. plus one (1) year During th1uenod, an CJ_pplt~<;J_nt
must submit a final plat based on the preliminary plat, or any phase
thereof, and meeting all of the requirements of this chapter and Chapter
58.17 RCW, 1s submitted to the city council for approval. or the preliminary
9 Administration of Subdivisions
Amend Ch 12.04
plat shall lapse and become void. w1th1n ,five (5) '(ears from the date of
subd1v1s1on prel1mmary plat approval. One (1) extension of one (1) year
shall be granted to an applicant who files a written request with planning
services at least thirty (30) calendar days before the exp1rat1on of the-ftve
(5) year period, 1f the a-ppllcant caA-Sftew-#let he has-ut-t-em~ted-1A-§ooo
faith to obtatn appro·1al of the fmal-p+at-w-tth+A-t-he-ftve-{-5}-year-penod;-
B. Add1t1onal time exten-stoos-beyond -the-one+it-Year--penod -may-be
granted by the planning manager 1f the applicant can shew-t1flusttttt
Circumstances or s1tuat1ons which make 1t 1mposs1ble to record the final
plat v1·1thin the six (6) '(Car period. The applicant must file a written
request vw1th planning services for this add1ttonal time extension The
request must be filed at least th1rt'( (30) calendar days prior to the
subdl'v"ts1on prehmmary plat exp1rat1on date. Tl=te request musf-toclude
documentation as to the need for the add1t1onal t1me-Addit·ioAal--t1me
extensions sl=lall not be granted m greatef-thaR-ene-{-1-)-year-tftCfements·;
B. €In the case of a phased subdivision, final plat approval by the city
council of any phase of the subd1vis1on preliminary plat will constitute an
automatic one (1) year extension for the f1l1ng of the final plat for the next
phase of the subd1v1sion.
SECTION 4. -Amendment. Section 12.04.227 of the Kent City
Code 1s amended as follows:
Sec. 12.04.227. Procedure for alteration of a subdivision or
short subdivision.
A. If-aAn applicant 'N1shcsregucstmg to alter a subdivision or short
subd1v1s1on or any portion thereof, except as provided m KCC 12.04.230,
that person shall submit aA-a plat alteration appl1cat1on to the Permit
10 Administration of Subdivisions
Amend Ch 12.04
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Center to planning services requesting the alteration. The app11cat1on shall
be accompanied by such submittal requirements as described m the
appl1cat1on form. and applicable fees, and shal_Lcontam the signatures of all
persons havmg an ownership interest in lots, tracts, parcels, sites or
div1s1ons within the subd1vis1on or short subd1v1s1on or m that portion to be
altered.
B. The planning maRager director shall have the authority to
determine whether the proposed alteration constitutes a mmor or ma1or
alteration. MaJor alterations are those which that are not m response to
staff review or public appeal and substantially change the basic design,
density, increase the number of lots. substantially decrease open space,
substantially change cond1t1ons of subd1v1sion or shQrt suQ.oJ_y1s1on
approval. or other s1m1lar requirements or prov1s1ons. Minor alterations
are those that make minor changes to engmeenng design or lot
d1mens1ons 1 decrease the number of lots to be created, or increase OP-en
space. or other similar minor changes. Major alterations shall be treated
as new appl1cat1ons for purposes of vesting.
C. If the subdiv1s1on or short subdivision is subject to restrictive
covenants which were filed at the time of the approval, and the appl1catmn
for alteration would result in the v1olat1on of a covenant, the appl1cat1on
shall contain an agreement signed by all parties sub1ect to the covenants
prov1dmg that the parties agree to terminate or alter the relevant
covenants to accomplish the purpose of the alteration of the subdivision or
short subd1v1s1on or any portion thereof.
D. 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 manager and the public works director~. A ma1or plat or short
plat alteration shall require consent of the short subd1vis1on committee for
11 Administration of Subdivisions
Amend Ch 12.04
short subd1v1s1ons or the heanng examiner for subdiv1s1ons after public
notice and a public meeting or hearing 1s held. Planning services shall
provide notice of the application for a maJOr plat or short plat alteration to
all owners of property within the subd1vis1on or short subdivision, all
parties of record, and as was required by the original subd1v1s1on or short
subd1v1s1on appl1cat1on. The planning directormanager shall have the
authonty to determine whether the proposed alteration constitutes a minor
or maJor alteration pursuant to subsection (B) of this section.
E. If the alteration 1s requested after final plat or final short plat review
and signature, but prior to filing the final plat or final short plat with King
County, a plat or short plat alteration may be approved with consent of the
short subdiv1s1on committee for short subd1v1sions or the city council for
subdivisions. Upon receipt of an application for alteration, planning
services shall provide notice of the application to all owners of property
within the subd1v1s1on or short subdiv1s1on, all parties of record, and as was
required by the original application. The notice shall establish a date for a
public meeting or hearing.
F. If the alteration is requested after filing the final plat or final short
plat with King County, a minor plat or short plat alteration may be
approved with consent of the short subd1v1s1on committee in the case of
short subd1v1s1ons or the city council for subdivisions. If the planning
director manager determines that the proposed alteration 1s a maJor
alteration, pursuant to subsection (B) of this section, then the planning
director manager may require replatting pursuant to this chapter. Upon
receipt of an application for alteration, planning services shall provide
notice of the application to all owners of property within the subdivision or
short subd1v1s1on, all parties of record, and as was required by the
subd1v1sion or short subd1v1s10n plat applicatmn. The notice shall establish
a date for a public meeting or hearmg.
12 Administration of Subdivisions
Amend Ch 12.04
G. The city shall determine the public use and interest 1n the proposed
alteration and may deny or approve the appl1cat1on for alteration. If any
land within the alteration 1s part of an assessment district, any outstanding
assessments shall be equitably d1v1ded and levied against the remaining
lots, parcels, or tracts, or be levied equitably on the lots resulting from the
alteration If any land w1th1n the alteration contains a ded1cat1on to the
general use of persons residing within the subd1v1s1on, such land may be
altered and d1v1ded equitably between ad)acent properties.
H. After approval of the alteration, the city shall order the applicant to
produce a revised drawing of the approved alteration of the subd1v1s1on or
short subd1v1s1on, which after signature the final plat or final short plat
shall be filed with King County to become the lawful plat or short plat of
the property.
I. This section shall not be construed as applying to the alteration or
replatt1ng of any plat or short plat of state-granted shore lands.
SECTION 5. -Amendment. Section 12.04.263 of the Kent City
Code 1s amended as follows:
Sec. 12.04.263. Clustering in urban separators.
A. All subdiv1s1ons and short subdivisions in the SR-1 zoning district
shall be required to be clustered pursuant to this section when the
property is located wholly or partially w1thm an urban separator as
designated on the city of Kent comprehensive land use plan map.
B Except as described in subsection C of this section. E.c.luster
subd1v1s1ons and short subd1v1sions shall be subject to the SR-8 zoning
13 Administration of Subdivisions
Amend Ch 12.04
district development standards outlined m KCC Title 15. These standards
1nclude 1 but are not limited to 1 minimum lot size, width, yards 1 setbacks,
parking, landscaping, s1gnage, etc.
C. The prov1s1ons of KCC 12.04.235 through 12.04.250, as well as
other applicable portions of this chapter, shall apply unless spec1f1cally
exempted. In add1t1on, the following standards shall apply to clustered
subd1v1s1ons or short subdivisions:
1. Locat10n. The cluster residential development shall be
required in the SR-1 zoning district within urban separator areas.
2. Permitted uses. The cluster residential development option
shall include only single-family residential uses.
3. Mm1mum area. No minimum area 1s established for a cluster
residential development.
4. Permitted density. The maximum number of dwelling units
permitted m a cluster development shall be no greater than the number of
dwelling units allowed for the parcel as a whole for the zoning district in
which 1t is located.
5. Lot size. The minimum lot size of individual building lots
within a cluster subdiv1s1on or short subd1v1s1on 1s two thousand five
hundred (2,500) square feet. New lots created by any subdiv1s1on or short
subd1v1s1on action shall be clustered in groups not exceeding eight (8)
units. There may be more than one (1) cluster per pro3ect. Separation
between cluster groups shall be a minimum of one hundred twenty (120)
feet.
14 Administration of Subdivisions
Amend Ch 12.04
6. Lot width. The minimum lot width for ind1v1dual bu1ld1ng lots
in a cluster subd1v1s1on or short subd1v1s1on shall be thirty (30) feet.
7. Other development standards. Development standards other
than lot size ... a-FttHot width. and density shall be the same as are required
within the SR-8 5R-1-zoning district.
8. Common open space. The common open space in a cluster
subdiv1s1on or short subd1vis1on shall be a minimum of fifty (SO) 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
bu1ldable 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 sens1t1ve areas,
connects and protects area w1ldl1fe habitat, creates connect1v1ty between
the open space provided by the clustering and other adJacent open spaces
as well as ex1stmg or planned public parks and trails, and maintains scenic
vistas. Critical areas and buffers shall not be used m determmmg lot size
and common open space requirements m a cluster subd1v1s1on or short
subd1v1s1on. All natural features (significant stands of trees and rock
outcropping), as well as 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 spec1f1ed 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 connect1v1ty between the open space provided by the
15 Administration of Subdivisions
Amend Ch 12.04
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clustered development and adjacent open spaces; degrades wildlife
habitat; and 1mpa1rs the recreational benefits enjoyed by the residents of
the development. Such common open spaces shall be conveyed to
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.
SECTIQN 6. -Savmqs. The existing Chapter 12.04 of the Kent City
Code, which 1s amended by this ordinance, shall remain in full force and
effect until the effective date of this ordinance.
$ECUON 7. -Severab111tv. If any one or more section, subsection,
or sentence of this ordinance 1s held to be unconstitutional or invalid, that
dec1s1on shall not affect the va l1d1ty of the remain mg portion of this
ordinance and the same shall mamta1n its full force and effect.
SECTION 8. -Correctt0ns 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, mcludmg the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state or federal laws, codes, rules, or
regulations
SECUON 9. -Effective Date. This ordinance shall take effect and
be m force thirty (30) days from and after its passage and publ1cat1on as
provided by law.
16 Administration of Subdivisions
Amend Ch 12.04
ATTEST:
APPROVED AS TO FORM:
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T~A~~EY
PASSED: 17 day of ~ APPROVED: r7 day of
---.~~-=---==-=-~~~-ti 20/7--.
--""'--=iH=-~=----1 20/l:.
PUBLISHED· :J...o day of 4fM
I hereby certify that this 1s a true copy of Ordinance No. lfv36
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
~..._, ~(SEAL)
BRENDAJACo , CITY CLERK
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17 Administration of Subdivisions
Amend Ch 12. 04
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