HomeMy WebLinkAbout4252oRDTNANc¡ r.¡o. {¿52
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending chapters 12.01
and 12.04 of the city code, relating to the procedures
used for processing final plat approvals.
RECITALS
A. The City Council has an ongoing interest to simplify land use
decision making and to lower City and customer costs by increasing
efficiency.
B. Kent City Code currently establishes procedures for
processing final plats which include the requirement that final approval of
plats for subdivisions must be given by the City Council. This final approval
by Council is generally seen as merely a technical legal requirement, as
Council has a very limited ability to deny or modify a final plat because the
Hearing Examiner process has already addressed any significant code
compliance issues during the preliminary review process.
C. On April 27, 2OL7, the Governor signed into law SB 5674
which amends Chapter 58.17 RCW to allow local governments to adopt
procedures that shift final plat approval from a City Council action to an
administrative decision by a specific City official or City department.
D.
approval
There are significant advantages to shifting the final plat
from Council to an administrative process. It would save
Amend KCC 72.01 and 72.O4 -
Re: Final Plat Approvals
1
substantial time and money for applicants, as well as reduce the
substantial amount of time and resources required to have staff prepare
and present final plats to Council.
E. SB 5674 allows local jurisdictions to make these modifications
through the adoption of an ordinance that may go into effect on or after
July 23, 2Ot7.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 7. - Amendment Section L2.0t.040 of the Kent City
Code, entitled "Project permit application framework," is hereby amended
as follows:
Sec. 12.01.O4O Project permit application framework.
A, Process types. The following table lists the process types, the
corresponding applications, and, parenthetícally, the corresponding final
decision maker and appellate body.
Applications:
Amend KCC 72.01 and 72,O4 -
Re: Final Plat Approvals
2
Process I Process II Process III Process IV Process V Proces.ç VI
Zoning permit
review (1) (7)
Administrative
design review (1)
(7)
Conditional use
permit (5) (10)
Planned unit
development (6)
(10) with change
of use
Final plat (61)
(10)
Zoning of newly
annexed lands (6)
( 10)
Performance
standards
procedures (1) (7)
Shoreline
substantial
development
permit (l) (9)
Sign variance (5)
(10)
Special use
combining
district (6) (10)
A¡ea-wide
rezones to
implement new
city policies (6)
(10)
Sign permit (1)
(7)
Accessory
dwelling unit
permit (1) (7)
Special home
occupation
permit (s) (10)
Rezone (6) (10)Comprehensive
plan amendments
(6) (10)
Lot line
adjustment (1) (7)
Administrative
variance (l ) (7)
Variance (5) (10)Development
regulations (6)
(10)
Administrative Downtown design Shoreline Zoning map
Process I Process II Process III Process IV Process V Process VI
interpretation (1)
(7)
review, all except
for mino¡
remodels (3) (7)
conditional use
permit (s) (9)
amendments (6)
(1 0)
Application
conditional
certification
multifamily tax
exemption (12)
(8), all other
multifamily tax
exemption (12)
(7)
Downtown design
review, only
minor remodels
(l) (7)
Shoreline
variance (5) (9)
Zoning text
amendments (6)
( l0)
Development
plan review
(planning
director, building
official, or public
works director)
(1)
Midway design
review (1) (7)
Preliminary plat
(s) (10)
Site plan review
(planning
director, building
official, or public
works director)
(7)
Midway design
review (l) (7)
Administrative
approval/lvTF (l)
(7)
Binding site plan
(2) (7)
Mobile home
park closure (1 1)
(7)
Short subdivision
(4) (7)
Planned unit
development (5)
(10) without a
change of use
(1) Final decision made by planning director.
(2) Final decision by binding site plan committee.
(3) Final decision made by downtown design review committee.
(4) Final decision made by short sub{ivision committee.
(5) Final decision made by hearing examiner.
(6) Final decision made by city council.
(7) Appeal to hearing examiner.
(8) Appeal to city council.
(9) Appeal to shoreline hearings board.
(10) No administrative appeals.
(l l) Final decision made by manager ofhousing and
human services.
(12) Final decision made by economic and
community development director.
B. Process procedures. The following table lists the process types and
the corresponding procedures.
Amend KCC 12,07 and 72.04 -
Re: Final Plat Approvals
3
Project Permit Applícations (Processes I V)Legíslative
Process I Process II Process III Proces.s IV Process V Process VI
Notice of
application
Yes, for projects
requiring SEPA
review
Yes, for projects
requiring SEPA
review, short
plats, and
shoreline
substantial
development
permits
Yes No No
Project Permit Applications (Processes I V)Legislative
Process I Process II Process III Process IV Process V Process VI
Recommendation
made by:
N/A N/A N/A Hearing examiner N/A l¿nd use and
planning board
Final decision
made by:
Planning
director,
building official,
public works
director,
economic and
community
development
director, or
manager of
housing and
human services
as applicable
Planning
director,
dovvntown
design review
committee,
binding site plan
committee, or
short
subdivision
committee, as
noted in
subsection (A)
ofthis section
Hearing
examiner
City council,
based upon record
made before
hearing examiner
g*feeu*eil
Plannins
director
City council
Open record
appeal:
Yes, ifappealed,
then before
hearing
examiner
Yes, ifappealed,
then before
hearing
examiner
No No No No
Open record
hearing:
No No Yes, before
hearing
examiner to
make final
decision
Yes, before
hearing examiner
to make
recommendation
to council
No Yes, before land
use and planning
board to make
recommendation
to city council,
and/or before city
council
Reconsideration:No No Yes, ofhearing
examiner's
decision
Yes, ofhearing
examiner's
recommendation
No No
Closed record
appeal:
Only if appeal
ofdenial of
multifamily
conditional
certificate, then
before the city
council
Only if
appealed, then
before the
shoreline
hearings board
if applicable
Only if
appealed, then
before the
shoreline
hearings board
if applicable
No No No
Judicial appeal:Yes Yes Yes Yes Yes Yes
SECTION 2. - Amendment Section 12.04.035 of the Kent City
Code entitled "City functions," is hereby amended as follows:
Sec. 12.O4.035 City functions.
A. Planning sen/ices office. The planning services office is responsible
for the administrat¡on and coordination of this chapter unless another
department or division is authorized to administer and enforce a specific
section.
Amend KCC 72.07 and 72.04 -
Re: Final Plat Approvals
4
B. Department of public works. The department of public works is
responsible for reviewing all engineering and technical requirements of
this chapter.
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
subdivision plats.
F. Binding site plan committee. The binding site plan committee is
authorized to hold a public meeting and make a final decision on all
binding site plans.
G. Hearing examiner. The hearing examiner is authorized to hold a
public hearing and make a final decision on subdivision preliminary plats,
H. City council. Ihe city council shall conduct any closed record appeal
from a hearing examiner's final decision on a subdivision preliminary plat.
The eitf-eeunei{ planning director shall have sole authority to approve
subdivision final plats. An appeal of a final plat decision shall be in superior
court.
SECTION 3, - Amendment. Section L2.O4.115 of the Kent City
Code entitled "Application procedures," is hereby amended as follows:
Amend KCC 72,07 and 72.O4 -
Re: Final Plat Approvals
5
Sec. L2.O4,LL5 Application procedures. An application for a
subdivision or short subdivision consists of the following steps:
1. Preparation of the tentative plat of the proposed subdivision or Type
II short subdivision and submission of an application for a pre-application
conference;
2. Review of the tentative plat for pre-application conference by the
city and convene a meeting with the city resulting in the issuance of a pre-
application conference summary letter;
3. Preparation and submission of the preliminary plat of the proposed
subdivision to the hearing examiner for a public hearing and decision, or
preparation and submission of the preliminary plat of the proposed short
subdivision to the short subdivision committee for a public meeting and
decision;
4. Installation or bonding of improvements according to the approved
preliminary subdivision or short subdivision requirements and satisfaction
of all plat conditions;
5. Submission of the subdivision final plat to the eitfcet+nei{ planning
director for approval, or submission of the short subdivision final plat to
the short subdivision committee chairman for approval;
6. Recordation of the approved final plat in the office of the King County
depaftment of records and elections.
SECTION 4. - Amendment. Section t2.04.2LO of the Kent City
Code entitled "Filing the final plat," is hereby amended as follows:
Amend KCC 72.07 and 72,O4 -
Re: Final Plat Approvals
6
Sec. 12.O4.2LO 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 final short plat submitted for filing shall comply with
the conditions 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.
C. In addition to other requirements as specified in this section, the
final plat or final short plat shall contain or be accompanied by the
following:
1. Signature of the owner of the property on the face of the final
plat or final short plat mylar;
2. A notarized certificate of the owner, contract purchaser,
grantor of a deed of trust, or other holder of beneficial title to the property
being subdivided indicating that the subdivision or short subdivision is
made with free consent and in accordance with their desires, and if the
subdivision or short subdivision is subject to deeding of property, the
notarized certificate shall be signed by all parties having any ownership
interest in the lands subdivided. 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;
Amend KCC 72.OI and 72.O4 -
Re: Final Plat Approvals
7
3. Certification by the responsible health agencies that the
methods of sewage disposal and water service are acceptable;
4. Certification by the public works department that the
subdivider has complied with either of the following alternatives:
a, All improvements have been installed in accordance
with the requirements of these regulations; or
b. Certain improvements have been deferred according to
KCC L2.04. 205( D), deferred improvements;
5. The subdivider shall furnish the city a current plat or short
plat certificate or title report from a title insurance compôny, produced no
more than forty-five (a5) 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, or
dedication and that lists all liens and encumbrances. The legal description
in the títle report shall be identical to the legal description on the face of
the plat or short plat. The city reserves the right to require updates of the
certificate or title report at any time prior to signing the final plat or final
short plat by the short subdivision 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
subdivision or short subdivision;
B. Certification of approval to be signed by the King County
assessor;
Amend KCC 72,07 and 72.O4 -
Re: Final Plat Approvals
I
9.
recorder;
Certification of approval to be signed by the King County
10. Certificate of approval by the chairman of the short
subdivision com mittee ;
11
created;
Copies of any bylaws for a homeowners' association, if
L2. Approved printed computer lot closure on all lots, alleys, and
boundaries.
D. All subdivisions and short subdivisions 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. Sufficient intervisible monuments shall be set to ensure
that any property within the subdivision or short subdivision can be readily
resurveyed at a later time or as may be specified by the public works
department. All final plats and final short plats shall be based on at least
two city of Kent horizontal control points 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 within the proposed plat or short plat, the applicant or its
assigns shall have these easements removed or shall have their rights
subordinated to the city of Kent if they fall within dedicated right-of-way
or tracts for public use.
Amend KCC 72,07 and 72,O4 -
Re: Final PIat Approvals
9
F. The final plat or final short plat must be submitted to planning
services for review as to compliance with all terms of the preliminary
approval; terms of bonding or the completion of all improvements; and
completeness and accuracy of survey data and platting requirements.
G, Before a final short plat is filed with King County, it 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
requirements.
H. After all final plat conditions for a subdivision have been met,
planning serviees shall seÈ a date for a publie meeËi.ng for the eity eouneil
€itf€eúneil,
it shall be signed by the city engineer. city finance dire and planning
director.
si
J!. An approved final plat or short plat shall be filed for record with
King County and shall not be deemed approved until filed.
KJ. A conformed copy of the recorded plat or short plat shall be filed
with planning services and the public works department.
SECTION 5, - Amendment Section L2.04.22t of the Kent City
Code entitled "Subdivision preliminary plat expiration," is hereby amended
as follows:
Sec. 12.O4.22L Subdivision preliminary plat expiration.
Amend KCC 72.07 and 72.O4 -
Re: Final Plat Approvals
10
A. Subdivision preliminary plat approval shall remain valid for that
period of time specified in Chapter 58.L7 RCW, plus one year. During this
period, an applicant 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, to the city council for approval, or the
preliminary plat shall lapse and become void.
B. For preliminary plats approved between January L, 2008, and
December 31, 2008, one extension of 15 months shall be granted to an
applicant who files a written request for extension with the economic and
community development department prior to the expiration of the
preliminary plat's validity period, as provided in subsection (A) of this
section.
C. In the case of a phased subdivision, final plat approval by the eity
€etrfteil planning director of any phase of the subdivision preliminary plat
will constitute an automatic one-year extension for the filing of the final
plat for the next phase of the subdivision.
SECTION 6. - Amendment Section t2.O4.223 of the Kent City
Code entitled "Decision on subdivision final plat," is hereby amended as
follows:
Sec. l.2.0,4.223 Decision on subdivision final plat. The eity
€e$Êei+ planning director shall approve, disapprove, or return the final plat
to the applicant for modification and/or correction within thirty (30)
calendar days of the date of the city's determination of acceptance of the
final plat application, unless the applicant consents to an extension of such
time period.
Amend KCC 72.07 and 72.04 -
Re: Final Plat Approvals
11
SECTION 7. - Amendment Section L2,O4.225 of the Kent City
Code entitled "Subdivision final plat expiration," is hereby amended as
follows:
Sec. 12.O4.225 Subdivision final plat expiration, If a final plat
has not been submitted for recording within six (6) months after approval
by the €itÌree$ftei+ planning director, the plat shall expire and be null and
void. One (1) extension of no longer than six (6) months may be granted
by the €+t)reeÉÊeit planning director. To revitalize a plat that has expired
under this section, the plat shall be resubmitted as a preliminary plat.
SECTION 8. - Amendment Section t2.04.227 of the Kent City
Code entitled "Procedure for alteration of a subdivision or short
subdivision," is hereby amended as follows:
Sec. 12.O4.227 Procedure for alteration of a subdivision or
short subdivision.
A. An applicant requesting to alter a subdivision or short subdivision or
any portion thereof, except as provided in KCC L2.O4.23O, shall submit a
plat alteration application to the permit center. The application shall be
accompanied by such submittal requirements as described in the
application form, and applicable fees, and shall contain the signatures of
all persons having an ownership interest in lots, tracts, parcels, sites, or
divisions within the subdivision or short subdivision or in that portion to be
altered.
B. The planning director shall have the authority to determine whether
the proposed alteration constitutes a minor or major alteration. Major
alterations are those that are not in response to staff review or- public
appeal and substantÍally change the basic design, increase the number of
Amend KCC 72,07 and 72.O4 -
Re: Final Plat Approvals
L2
lots, substantially decrease open space, substantially change conditions of
subdivision or short subdivision approval, or other similar requirements or
provisions. Minor alterations are those that make minor changes to
engineering design or lot dimensions, decrease the number of lots to be
created, or increase open space, or other similar minor changes. Major
alterations shall be treated as new applications for purposes of vesting.
C. 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 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 and the public works directors. A major plat or short plat
alteration shall require consent of the short subdivision committee for
short subdivisions or the hearing examiner for subdivisions after public
notice and a public meeting or hearing is held. Planning 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
subdivision application. The planning director shall have the authority to
determine whether the proposed alteration constitutes a minor or major
alteration pursuant to subsection (B) of this section.
E. If the alteration is 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
Amend KCC 72.07 and 72.O4 -
Re: Final Plat Approvals
13
the short subdivision committee for short subdivisions or the eitf-eeuneil
planning director for subdivisions. 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 subdivision, all parties
of record, and as was required by the original application. The notice shall
establish a date for a public meeting or hearíng.
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 subdivision committee in the case of
short subdivisions or the eitfeeuneit planning director for subdivisions. If
the planning director determines that the proposed alteration is a major
alteration, pursuant to subsection (B) of this section, then the planning
director 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
subdivision, all parties of record, and as was required by the subdivision or
short subdivision plat application. The notice shall establish a date for a
public meeting or hearing.
G. The city 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 withín 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.
Amend KCC 72.07 and 72.O4 -
Re: Final PIat Approvals
t4
H. After approval of the alteration, the city shall order the applicant to
produce a revised drawing of the approved alteration of the subdivision or
short subdivision, 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
replatting of any plat or short plat of state-granted shore lands.
SECTION 9, - Severability. If any one or more section, subsection,
or sentence of this ordinance is 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 70. - 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; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 77, - Effective Date. This ordinance shall take effect and
be in force thirty days from and after its passage, as provided by law
4ltqlfl
E Date Apþrovdd
qltq,lt-l
MOTO, CIry CLERK Date Adcipted
lltzln
oate pübtishbd
S
Amend KCC 72.01 and 72.O4 -
Re: Final Plat Approvals
KIMBERLY A.
15
APPROVED AS TO FORM:
M BRUBAKER, CITY ATTORNEY
Amend KCC 72.07 and 72,04 -
Re: Final Plat Approvals
16