HomeMy WebLinkAbout4372ORDINANCE NO. 4372
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending sections 12.01,
L2.O4, L5.02, t5.O4, and 15.08,035, and 15.09 ofthe Kent City Code to modernize processes and
procedures and clean up errors.
RECITALS
A. The City of Kent ("City") initiated an internal review to identify
possible efficiency measures within the permit process and public notice
procedures,
B' Historically, cities have used conditional use permits and public
hearings as a procedural barrier to undesirable uses or where impacts could
not be adequately mitigated. In the past 10 years, the city code has become
more robust, development standards are stronger, and stricter criteria for
approval have been created, tested, iterated, and refined.
c. Given these updates to city regulation, and following guidance
from Municipal Research Service center and the Revised code of
washington, opportunities for process improvement, modernization, and
streamlining were identified and discussed with the Land Use and planning
Board (LUPB) at a workshop on July 27, 2020.
Amend KCC 72,01,72.04, IS.OZ,
75.04, and 75.O8,O35, and IS,O9
Re: Process and Procedures
1
D. On August L4,2O2O, the City's SEPA Responsible Official issued
a Determination of Nonsignificance for the 2O2O Process Amendments (ENV-
2020-16, KIVA # RPSW-22O2746).
E. On September 2, 2O2O, pursuant to RCW 36.704.106, a
request for expedited review was sent to the Washington State Department
of Commerce. No comments were received.
F. After appropriate public notice, the LUPB held a public hearing
on September 28, 2O2O to consider the proposed amendments. The Land
Use and Planning Board recommended approval to the City Council.
G. On October 13, 2020, Committee of the Whole considered the
recommendation of the Board on the proposed code amendment as
presented by staff and voted to approve the ordinance and move to consent
agenda.
H. The amendments reflected in this Ordinance 4372 are changes
to the Kent City code as it existed on October 2O,2020, prior to the meeting
at which the ordinance was approved. It is recognized that Ordinance 4373
is being considered on the same date as this Ordinance 4372, and each
ordinance amends Kcc 15.04.020 and Kcc 15.04.030. The code reviser is
instructed. to incorporate the amendments of both Ordin ance 4372 and 4373
in the Kent City Code as if simultaneously adopted or adopted as one
ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Amend KCC 72.07, 72,04, 75.02,
15.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
2
ORDINANCE
SECTION 7, - Amendment. Chapter 12,01 of the Kent City Code
entitled "Administration of Development Regulations" is amended as follows:
Sec. 12.O1.O1O. Purpose and applicability. The purpose of this
chapter is to establish a set of processes to be used for land use and
development proposals subject to review under the following portions of the
Kent City Code:
A. Chapter 2.32 KCC, Office of Hearing Examiner;
B, Chapter 11.03 KCC, Environmental Policy;
C. Chapter t2.O4 KCC, Subdivisions, Binding Site Plans, and Lot Line
Adjustments;
D. Chapter 14.01 KCC, Building Codes; and
E. KCC Title 15, Zoning
Sec. 12.O1.O2O. Definitions. Unless the context clearly requires
otherwise, the definitions in this section apply thr.oughout this chapter.
A. Closed record appeals are administrative appeals under Chapter
36.708 RCW which are heard by the city council or hearing examiner,
following an open record hearing on a project permit application when the
appeal is on the record with no or limited new evidence or information
allowed to be submitted and only appeal arguments allowed.
Amend KCC 72,07, 72,04, 75.02,
75.O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
3
B. Judicial appeals are appeals filed by a party of record in King county
superior court.
c. open record hearing means a hearing held under chapter 36.708
RCW and conducted by the Kent hearing examiner who is authorized by the
city to conduct such hearings, that creates the city's record through
testimony and submission of evidence and information, under procedures
prescribed by the city by ordinance or resolution. An open record hearing
may be held prior to the city's decision on a project permit to be known as
an "open record predecision hearing." An open record hearing may be held
on an appeal, to be known as an "open record appeal hearing," if no open
record predecision hearing has been held on the project permit.
D. Parties of record means:
1. The applicant;
2. The property tax payer as identified by the records available
from the King County assessor's office;
3. Any person who testified at the open record public hearing on
the application; and/or
4. Any person who submitted written comments during
administrative review or has submitted written comments concerning the
application at the open record public hearing (excluding persons who have
only signed petitions or form letters).
Amend KCC 72.07, 72.04,75.02,
75.04, and 75.O8.O35, and tS.Og
Re: Process and Procedures
4
E. Project permit means any land use or environmental permit or license
required from the city of Kent for a project action, including but not limited
to building permits, site development permits, site plan review, land use
preparation permits, subdivisions, binding site plans, planned unit
developments, conditional uses, shoreline substantial development permits,
development plan review, or site-specific rezones authorized by the
comprehensive plan; but excluding adoption or amendment of the
comprehensive plan and development regulations, zoning of newly annexed
land, area-wide rezones, and zoning map amendments except as otherwise
specifically included in this subsection,
F. Planning director means the director of the @
Community Development (ECD) department of the city of Kent or their
h+slh€r designee.
G. Public meeting means an informal meeting, hearing, workshop, or
other public gathering of persons to obtain comments from the public or
other agencies on a proposed project permit prior to the city's decision. A
public meeting may include, but is not limited to, a city council meeting, a
city council committee meeting. a land use and olanning board workshop, a
community meeting, a neighborhood meeting-
Lsierreffimittehor a
scoping meeting on a draft environmental impact statement, A public
meeting does not include an open record hearing. The proceedings at a
public meeting may be recorded and a report or recommendation may be
included in the city's project permit application file.
Sec. 12.O1.O3O Application processes and classification.
Amend KCC 72.07, 72,04,75.02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
5
A. Application processes. Project permit applications for review pursuant
to this chapter shall be classified as a Process I, Process II, Process III,
Process IV, or Process V action. Process VI actions are legislative, Project
permit applications and decisions are categorized by type as set forth in KCC
LZ.OL.040.
B, Determination of proper process type. The planning director shall
determine the proper process types for all applications. If there is a question
as to the appropriate process type, the planning director shall resolve it in
favor of the higher process type number. Process I is the lowest and Process
VI is the highest.
C. Optional consolidated permit processing. An application that involves
two (2) or more process types may be treated collectively under the highest
numbered process type required for any part of the application or treated
individually under each process type identified by this chapter. An applicant
mayaskthatffiapplicationbetreatedcollectivelyorindividually.
If the application is administered under the individual process option, the
highest numbered process procedure must be finalized prior to the
subsequent lower numbered process being finalized. If the application is
processed under the individual procedure option, there shall be no more
than one (1) open record hearing and no more than one (1) closed record
appeal for all application processes. Open record hearings and closed record
appeals must be consolidated under the higher process type number. An
application for rezone may be processed separately from an application for
another project permit.
D. Decision maker(s). Applications processed in accordance with
subsection (C) of this section which have the same highest numbered
Amend KCC 72.07, 72.04, 15.02,
75.O+ and 75.O8.O35, and 75.O9
Re: Process and Procedures
6
process type but are assigned different hearing bodies shall be heard
collectively by the highest decision maker(s). The city council is the highest,
followed by the hearing examiner, and then the planninq director
. Joint
public hearings with other agencies shall be processed according to KCC
12.01.060, Joint public hearings,
E. Environmental review. Process I, II, III, IV, and V permits which are
subject to environmental review under sEpA (chapter 43.2tc RCW) are
subject to the provisions of this chapter. An environmental checklist shall be
submitted in conjunction with the submittal of a project permit application.
One (1) environmental threshold determination shall be made for all related
project permit applications, The city will not issue a threshold determination,
other than a DS, prior to the submittal of a complete project permit
application and the expiration of the public comment period for the notice of
application pursuant to KCC L2.oL.r4o, but may utilize the public notice
procedures as outlined in KCC 11.03.410(A)(1) to consolidate public notice.
Sec. 12.O1.O4O Project permit application
A. Process types. The following table lists the process types, the
corresponding applications, and, parenthetically, the corresponding final
decision maker and appellate body.
Applications
Amend KCC 72.07, 72.O+ 75,02,
15.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
7
lProcess
t Process II arocess III Drocess IV Process V Process VI
Zoning permit
review (1)
(4)
Administrative
design review
(1) (74)
Conditional
use permit
(s2) (+€z)
Planned unit
development
(53) (+eZ)
with change of
use
Final plat
(1) (+ez)
Zoning of newly
annexed lands
(6J (+ez)
I II III N VI
Performance
standards
procedures
(1) (74)
Shoreline
substantial
development
permit (1) (9q)
Sign variance
(sa ({€z)
Special use
combining
district (5f)
(+ez)
Area-wide rezones
to implement new
city policies (63)
(+ez)
Sign permit
(1) (74)
Accessory
dwelling unit
permit (1) ({)
Speeia++eme
e€€t'patioF
peffi+F(s)
t+€)
Rezone (63)
(+ez)
Comprehensive
plan amendments
(5$ (+ez)
Lot line
adjustment
(1) (U)
Administrative
variance (1)
(4)
Variance
(52) (+eZ)
Development
regulations (53)
(+ez)
Administrative
interpretation
(L) (+4)
Downtown
design reviewT
a+t-exeep+fer
min€F+etr€delg
€xa
Shoreline
conditional
use permit
(s2) (e6)
Zoning map
amendments (53)
({€z)
*pptieatioft
eenditioaa{
eertifieatiee
mMultifamily
tax exemption
conditional
certification
(+2! (e$, all
other
multifamily
tax exemption
(r*1) (74)
Devmtervn
fuig++eyiew?
€nly-minoF
ren€d€*s($
€)Xixed-Usc
Desion Review
(1) (4)
Shoreline
variance (52,)
(e6)
Zoning text
amendments (63)
(*ez)
Development
plan review
(planning
director,
building
official, or
public works
director) (74)
Midway design
review (1) (74)
Preliminary
plat (52)
(+ez)
8 Amend KCC 72.07, 72.O+ 75,02,
75.04, and 75,O8.O35, and 75.09
Re: Process and Procedures
Process I Process II Process III qrocess IV Process V Process VI
Site plan
review
(pLaltn+Fg
d+fe€ter,
bu+td+ne
€#i€ialror
pt+btierveFks
direet@
(!I(74)
M+$€yl4!d!ifam
jIL-design
review (1) (47)
Planned unit
develooment
(2\ (7\
without a
chanoe of
use
Critical Area
Determination
(1) (4)
Industrial
Desion Review
(1) (4)
Administrative
approval/WTF
(1) (!17)
Binding site
plan (21) (47)
Mobile home
park closure
(++s) (74)
Short
subdivision (4!)
(]!)
P+iaenedvnR
d€Yelepment
€).Ge)
rvith€u+a
€haEg€f
{rse
Home
Occupation
(1I (4)
Special Home
Occupation
(1)(4)
Minor
Conditional Use
(1)(4)
(1) Final decision made by planning director.
(2) finat aeeisien U
(3) Final de€ision made by dewnterryn design reyiew €ommittee,
(4) Final-deeisien made by shert subdivisien eemmittee,
(52) Final decision made by hearing examiner.
(61) Final decision made by city council.
(74) Appeal to hearing examiner.
(S$ Appeal to city council
(9{i) Appeal to shoreline trea.ings
board.
(+€Z) No administrative appeals.
(++9) Final decision made by
manager of housing and human
services.
@
e€onomiean+€€minurlity
eevetegment++reetett
9 Amend KCC 72.01,72.O+ 75.02,
75.O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
B. Process procedures. The following table lists the process types and
the corresponding procedures.
Droject Permit Applidtions (Processes I - V)Legislative
Drocess I qrocess II orocess III orocess IV Process V Process VI
Notice of
application:
Yes, for
projects
requiring
SEPA review
Yes, for
projects
requiring
SEPA review,
short plats,
minor
conditional
use. and
shoreline
substantial
development
permits
Yes Yes No No
Recommendation
made by:
N/A N/A N/A Hearing
examtner
N/A Land use and
planning
board
Amend KCC 72.07,72.O+ 75.02,
75,O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
10
Droject Permit Applications (Processes I - V)Legislative
orocess I Process II Process III orocess IV Drocess V Process VI
Final decision made
by:
Planning
director,
building
official,
public works
director,
e€eFemie
affd
€emmcFity
d€YeteemeFt
dir€der, or
manager of
housing and
human
services as
applicable
Planning
directory
d€rvf,towft
desigff
fevienY
€emmittee?
biftd+Fg-€+te
plan
eemm*teq
eFshert
su}d*+sion
€omfr+ttee,
as-not+iff
strbse€ti€{r
ff*e+tnc
seetien
Hearing
examrner
City council,
based upon
record made
before
hearing
examiner
Planning
director
City council
geen-re€etd
apBeal+
Yesr+
app€a+e+
tffiefeFe
hearifg
examiner
Y€s-if
affi
th'#efuFe
hearing
examin€r
No No No N€
Open record
hearing:
No No Yes, before
hearing
examiner to
make final
decision
Yes, before
hearing
examiner to
make
recommenda
tion to
council
No Yes, before
land use and
planning
board to
make
recommenda
tion to city
council,
and/or
before city
council
Reconsideration No No Yes, of
hearing
examiner's
decision
Yes, of
hearing
examiner's
No No
Amend KCC 72.07, 72.04,75.02,
75.O+ and 75.O8,O35, and 75.09
Re: Process and Procedures
11
Project Permit Applications (Processes I - V)Legislative
Process I Process II orocess III Process IV Process V orocess VI
recommenda
tion
Ooen record
aooeal:
Yes. if
aooealed,
then before
hearino
examiner.
exceDt
multifamilv
tax
exemotion
conditional
certificate as
noted below
Yes. if
aooealed,
then before
hearino
examiner.
except
shoreline
substantial
develooment
oermit as
noted below
No Ng No No
Closed record
appeal:
Only if
appeal of
denial of
multifamily
tax
exemDtion
conditional
certificate,
then before
the city
council
Only if
appealedgf
shoreline
substantial
develooment
permit, then
before the
shoreline
hearings
board #
aeelieable
Only if
appealed pf
shoreline
variance or
shoreline
conditional
use, then
before the
shoreline
hearings
board if
aeelieaUte
No No No
Judicial appeal Yes. for
apoeal of
administrativ
e aDpeal
decision
Yes Yes Yes Yes Yes
Sec. 12.O1.O5O. Exemptions from project permit application
processing.
Amend KCC 72.07, 72.04, 75.02,
75,04, and 75.O8,O35, and 75.09
Re: Process and Procedures
t2
A. General exemptions. The following permits or approvals are
specifically excluded from the notification and procedural requirements set
forth in this chapter:
1. Landmark designations
2. Street vacations.
3. Street use permits
4. Pursuant to RCW 36.708.L4O(2), boundary line adjustments,
building permits, and other construction permits, which are categorically
exempt from environmental review under SEPA or that do not require street
improvements or for which environmental review under SEPA has been
completed in connection with other project permits. For example, if public
notice and environmental review for a project was completed with an initial
application for a project permit, a subsequent application for a different
permit for the same project is specifically excluded from the public
notification and procedures set forth in this chapter and would be subject to
the procedures and regulations related specifically to that subsequent
permit; for example, Chapter 14.01 KCC for an application for building
permit,
5. Administrative approvals which are categorically exempt from
environmental review under SEPA (Chapter 43.ztc RCW) and the city's
SEPA/environmental policy ordinance, Chapter 11.03 KCC, or for which
environmental review has been completed in connection with other project
permits,
Amend KCC 72.07,72.O+ 75.02,
75.O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
13
Sec. 12.O1.055. Fees. The city council shall, by resolution, establish
the fees to be assessed to implement and operate the regulations adopted
in this chapter. The resolution may require that certain fees be pre-paid
and/or designated to be nonrefundable because staff time and materials will
be expended whether or not the permit applied for is approved by the city
or pulled by the applicant. In the event of any conflict or ambiguity regarding
any fees authorized under this chapter and established by council resolution,
the planning director is authorized to interpret the fee schedule(s) to resolve
that conflict or ambiguity.
Sec. 12,O1.060 Joint public hearings.
A. Planning director's decision to hold joint hearing. The planning
director may combine any public hearing on a project permit application with
any hearing that may be held by another local, state, regional, federal, or
other agency on the proposed action, as long as:
1. The other agency consents to the joint hearing;
2.
doing so;
The other agency is not expressly prohibited by statute from
3. Sufficient notice of the hearing is given to meet each of the
agencies' adopted notice requirements as set forth in statute, ordinance, or
rule;
4. The agency has received the necessary information about the
proposed project from the applicant in enough time to hold its hearing at
the same time as the local government hearing; and
Amend KCC 72.Olr 72.04,75.02,
75.04, and 75.O8.O35, and 75.O9
Re,' Process and Procedures
T4
5. The hearing is held within the Kent city limits.
B. Applicant's request for a joint hearing. The applicant may request that
the public hearing on a permit application be combined as long as the joint
hearing can be held within the time periods set forth in this chapter. In the
alternative, the applicant may agree to a particular schedule if additional
time is needed in order to complete the hearings.
Sec. 12.O1.O7O. Process VI legislative actions.
A. Legislative actions. The following process VI actions are legislative,
and are not subject to the notification and procedural requirements in this
chapter, unless otherwise specified :
1. Zoning newly annexed lands;
2. Area-wide rezones and zoning map amendments to implement
city policies;
3. Comprehensive plan text amendments;
4. Comprehensive plan map amendments;
5. Development regulations and zoning text amendments; and
6. Other similar actions that are non-project related.
Sec. 12.O1.O8O. Pre-application conference.
Amend KCC 72.07, 72,04, 75.02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
15
A. Applicability. The purpose of a pre-application conference is to provide
city staff with a sufficient level of detail about a proposal prior to submittal
of a project permit application so that the city staff can acquaint the
applicant with the requirements of the Kent City Code. Pre-application
conferences are encouraged for Process I, II, III, and IV permits which
require environmental review and for projects that are complex or where
applicants are unfamiliar with city codes, ordinances, and procedures.
B, Pre-application conference initiation. To initiate a pre-application
conference, an applicant shall submit a completed form provided by the city
and all information pertaining to the proposal as prescribed by
administrative procedures of the planning services office. Failure to provide
all pertinent information may prevent the city from identifying all applicable
issues or providing the most effective pre-application conference.
C. Scheduling. A pre-application conference may be conducted at any
point prior to application for a project permit. A pre-application conference
shall be scheduled by the city at the time of submittal of a completed pre-
application conference request. The pre-application conference shall be held
scheduled within thirty (30) calendar days of the receipt of a completed
request, unless the applieant agrees to an extension of this time Beried in
D. At the conference the applicant may request the following information
be provided:
1. A form which lists the requirements of a complete project
permit application;
Amend KCC 72.07, 72.04, 75.02,
15.04, and 75.O8,O35, and 75.09
Re: Process and Procedures
16
2. A general summary of the procedures to be used to process the
application;
3. The references to
development; and
Tthe relevant code provisions on
4. The city's design guidelines.
E. It is impossible for the conference to be an exhaustive review of all
potential issues. The discussion at the conference or the fermtfformatjon
sent to the applicant under subsection (D)f+) of this section shall not bind
or prohibit the city's future application or enforcement of the applicable law.
Sec. 12.O1.O9O. Project permit applications
A. Required materials. Applications for all project permits shall be
submitted upon forms provided by the city, or submitted through the citv's
designated online permitting system,
Sec. 12.O1.1OO. Submission and acceptance of application.
A. Determination of completeness. A project permit application
submitted consistent with instructions for a complete application is deemed
complete upon acceptance by the permit center. Such acceptance, or a
determination of incompleteness as outlined in subsection (B) below, shall
occur within twentv-eiqht (28) calendar davs of aoolication submittal in
accordance with WAC 365- 196-845(6).
Amend KCC 72.07, ,2.O4, 75.02,
75.O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
17
Acceptance of a project permit application means that the application is
sufficient for continued processing even though additional information may
be required. or project modifications may be undertaken subsequently.
Acceptance of a project permit application shall not preclude the city from
requesting additional information or studies if new information is required or
where there are substantial changes in the proposal.
B, Defermtnafion of rncomplefeness. The city shall notify the apolicant
rerilhin frrranhr f /?fl\ nrlanr{rr r{arrc nf rnnlinrfian crrhrnilfal fhat fha
application is incomplete and what is necessary to make the application
anmnlafa Tha nitrr cJrrll harra fart n t1A\ erlanr{rr r{rrrc }n rarriarer fha
submittal of corrected information.
C. Project review. Following a determination that an application is
complete, the city shall begin project review.
Sec. 12.O1.1O5 Application vesting. A project permit application
shall vest upon acceptance of a complete project permit application, as
defined in KCC 12.01.100; provided, that the applicant also includes a
concurrent submittal of a fully completed application for any known code
deviations or variances required for the proposed project. A project permit
application that contains a knowing misrepresentation or an omission of
material fact shall not vest any development rights. Vesting shall apply to
land use regulations in effect on the land at the time a fully completed
project permit application has been accepted as complete pursuant to KCC
12.01 . 100(A),
Amend KCC 72.07, 72.04,75.02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
18
Sec. 12.O1.11O. Procedure for complete but incorrect
applications.
A, Following submittal of a complete application and the commencement
of project review, the city may make a determination in writing that some
information is incorrect, and that corrected information be submitted. The
applicant shall have up to one hundred eighty (180) calendar days to submit
corrected information (deemed the "resubmittal period"). The applicant shall
submit concurrently all of the corrected information that was requested. The
planning director may, in writing, extend the resubmittal period for up to an
additional one hundred eighty (180) days if the applicant can demonstrate
a good faith effott to comply with the resubmittal request. Evidence of an
applicant's good faith elforts shall include the following:
1. Length of time since the initial permit application;
2. Time period the applicant had to submit corrected information;
3. Availability of necessary information;
4. Potential to provide necessary information within the extended
resubmittal period;
5. Reason for the applicant's delay; and
6. Applicant's reasonable reliance on an expectation that the
application would not expire.
Amend KCC 72.07, 72.04,75.02,
75,04, and 75.O8,O35, and 75.09
Re: Process and Procedures
19
The olanning director may authorize
additional time extensions of the resubmittal period in rare or unique
circumstances when the inability of the applicant to comply within the
resubmittal period is due solely to factors outside of the applicant's control,
including but not limited to unusual delay in obtaining permits or approvals
from other agencies or jurisdictions.
B, The eitf shall have feurteen (14\ ealendar days te review the
iem-If the corrected information is still not
sufficient, the city shall notify the applicant in writing that the submitted
information is incorrect, and the resubmittal period set forth in subsection
(A) of this section shall be repeated, This process may continue until
complete or corrected information is obtained.
C. If the applicant within the resubmittal period either refuses in writing
to submit corrected information, does not submit the corrected information
within the resubmittal period, or submits only a portion of the corrected
information that was requested, the application shall lapse. This does not
preclude the applicant from working with individual divisions of the city for
informal review of a portion of the requested corrected information within
the resubmittal period.
D. If the requested corrected information is sufficient, the city shall
continue with project review, in accordance with the time calculation
exclusions set forth in KCC 12,01.180.
Amend KCC 72,07, 72.04, 75.021
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
20
Sec. 12.O1.115 Procedure for ready-to-issue permits.
A. Following the end of project review, the city will notify the applicant
that the permit is ready to issue. The applicant shall have up to one hundred
eighty (180) calendar days to obtain the permit after notification that it is
ready to issue (deemed the "period for permit pickup"). The planning
director may, in writing, extend the period for permit pickup for up to an
additional one hundred eighty (180) days if the applicant can demonstrate
a good faith effort to pick up the permit. Evidence of an applicant's good
faith efforts shall include the following:
1. Length of time since the initial permit application;
2. Reason for the applicant's delay; and
3. reasonable reliance on an expectation that the application
would not expire.
The director may authorize
additional time extensions of the period for permit pickup in rare or unique
circumstances when the inability of the applicant to comply within the period
for permit pickup is due solely to factors outside of the applicant's control,
including but not limited to unusual delay in obtaining permits or approvals
from other agencies or jurisdictions,
B. If the applicant within the period for permit pickup either refuses in
writing to pick up the permit or does not pick up the permit after notification
by the city that the permit was ready to issue, the application shall lapse.
Amend KCC 72.07, 72.O4r 75.02,
,5,O4, and 75.O8.O35, and 75.09
Re: Process and Procedures
2L
Sec. 12.O1.120. Referral and review of project permit
applications. Within ten (10) calendar days of accepting a complete
application, the planning director shall do the following:
A. Transmit a copy of the application, or appropriate parts of the
application, to each affected agency and city department for review and
comment, including those responsible for determining compliance with
state, federal, and county requirements. The affected agencies and city
departments shall have fourteenfifteen (145) calendar days to comment.
The referral agency or city department is presumed to have no comments if
comments are not received within the specified time period. The planning
director shall grant an extension of time only if the application involves
unusual circumstances. Any extension shall only be for a maximum of three
(3) additional calendar days.
Sec. 12.O1.125. Notification of proximity to agricultural
resource lands. For all plats, short plats, development permits, and
substantial building permits for residential development activities on or
within five hundred (500) feet of land designated as agricultural resource
lands within the city of Kent, or the comparable land use designation within
unincorporated King County, the city shall inform the project permit
applicant of the proximity to agricultural resource lands on which commercial
agricultural activities may occur that are not compatible with residential
development for certain periods of limited duration.
Sec. 12.O1.13O. Public notice - Generally. The available records
of the King County assessor's office shall be used for determining the
property taxpayer of record, Addresses for mailed notice shall be obtained
from the county's real property tax records. All public notices shall be
Amend KCC 72,07, 12,04, 75.02,
75.O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
22
deemed to have been provided or received on the date the notice is
deposited in the mail or personally delivered, whichever occurs first. Failure
to provide the public notice as described in this chapter shall not be grounds
for invalidation of any permit decision.
Sec. 12.O1.14O Notice of application.
A. Notice of application. A notice of application shall be issued for Process
I and Process II permits requiring SEPA review, short plats, minor
conditional use. shoreline substantial development permits, and all Process
III and Process IV applications within fourteen (14) calendar days following
submittal of a complete application; provided, that if any open record
hearing is required for the requested project permit(s), the notice of
applicationshallbeprovidedatleastriffieen-(+514)calendardays
prior to the open record hearing. One (1) notice of application will be done
for all permit applications related to the same project at the time of the
earliest complete permit application,
B. SEPA exempt projects. A notice of application shall not be required
for project permits that are categorically exempt under SEPA, unless a public
comment period or an open record predecision hearing is required.
C. Contents. The notice of application shall include:
1. The case file number(s), the date of application, and the date
of the notice of application;
2. A description of the proposed project action and a list of the
project permits included in the application and, if applicable, a list of any
Amend KCC 72.07,72.04, 15.02,
75.04, and 75.O8.O35, and 75,O9
Re: Process and Procedures
23
studies requested by the review authority pursuant to RCW 36.70B.J70 and
wAc 173-27-L80;
3. The identification of other permits not included in the
application, to the extent known by the city;
4. The identification of existing environmental documents that
evaluate the proposed project, and, if not otherwise stated on the document
providing notice of application, the location where the application and any
studies can be reviewed;
5, A statement of the limits of the public comment period, which
shall be not less than fourteen (14) nor more than thirty (30) calendar days
following the date of notice of application, and statements of the right of any
person to comment on the application, receive notice of and participate in
any hearings, request a copy of the decision once made, and any appeal
rights;
6. The tentative date, time, place, and type of hearing. The
tentative hearing date is to be set at the time of the date of notice of the
application;
7. A statement of the preliminary determination of consistency, if
one has been made at the time of notice, and of those development
regulations that will be used for project mitigation and of consistency as
provided in KCC 12.01.150;
Amend KCC 72.07, 12.04, 15.02,
75.O+ and 75,O8.O35, and 75.09
Re: Process and Procedures
24
8. The name of the applicant or applicant's representative and the
name, address, and telephone number of a contact person for the applicant,
if any;
9. A description of the site, including current zoning and nearest
road intersections, reasonably sufficient to inform the reader of its location;
and
10. Any other information determined appropriate by the city, such
as a DS, if complete at the time of issuance of the notice of application, or
the city's statement of intent to issue a DNS pursuant to the optional DNS
process set forth in WAC L97-L1-355.
D. Mailing of notice of application. The city shall mail by hard copy or e-
mail a copy of the notice of application to the following:
1. Agencies with jurisdiction; and
2. Any person who requests such notice in writing delivered to the
planning services office; and
3. Applicant
E. Public comment on the notice of application. All public comments
received on the notice of application must be received by the planning
services office by 4:30 p.m. on the last day of the comment period.
Comments may be mailed, personally delivered, or sent electronically.
Comments should be as specific as possible.
Amend KCC 72.07, 12.04,75.02,
15.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
25
F. Posted notice of application. In addition to the mailed or emailed
notice of application, the €+tyr,v+t$esb-notice of application shall be oosted
on site for site-specific prooosals, and on the city's weboage+t-l(ent€ity
iee. The
applicant shall be responsible for posting the property for site-specific
proposals with notice boards followinq specifications as provided by the city.
l-ublie netiee shall be aeeempli-hed threugh the use ef a four (4) by feur (4)
foet plyweed faee generie notiee beard to be issued by Bublie werks
ffi
1. Posting. Posting of the property for site-specific proposals shall
consist of one (1) or more notice boards as follows:
a. A single notice board shall be placed by the applicant in
a ionspicuous location on a street frontage bordering the subject property.
b. Each notice board shall be visible and accessible for
inspection by members of the public.
c. Additional notice boards may be required when:
i. The site does not abut a public road; or
ii. Additional public notice boards are required under
other provisions of the Kent City Code; or
iii. The planning director determines that additional
notice boards are necessary to provide adequate public notice.
Amend KCC 72.07, 12.04,75.02,
75,04, and 75,O8.O35, and 75.09
Re: Process and Procedures
26
d, Noticeboard@:
@i
ii.- @ ef the publie eemment
eer+eftnd
i. Specrfr?ations; Designed, constructed, and
installed in accordance with specifications published by the Citv.
ii. Iimrng: The sign shall be posted by the aBolicant
within five days of submittal of a complete aoolication.
I aa;*ian. Tha aian ch:ll ha aract.aA rf tha
aooroximate midpoint of the site's street frontage and within five feet (5')
of the front lot line, or as otherwise directed by the Department for
maximum visibility. View of the sign shall not be obstructed from the
perspective of the abuttino public right-of-way.
iv. Confenf : The sign shall convey oroject
information as directed bv the City.
Amend KCC 72.07, 72.04,75.02,
,5.O4. and 75.O8.O35, and 75.09
Re: Process and Procedures
27
hrtr=fian. Tha aian a rll nnf lra rarr-rnrrarl r rnfil fha
Amend KCC 72.07, 72.04, 75,02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
aopeal periods for all land use oermits relating to the proiect proposal have
ended. Removal of the sign prior to the orescribed time frame mav be cause
for additional notice or an extended appeal period. The sign shall be removed
within seven (7) days following the end of the aooeal period.
vi, Posfing Evdence: The aBplicant shall submit a
signed affidavit that states the date and location of the posting, and a
photooraph of the oosted sion that orovides context of its location, This shall
hc nrnrrirlpd fn fhe Citw within )A hn rrc nf nncfinn
vii. Marnfenance. The applicant shall keep the siqn
maintained in good condition by the aoolicant during the notice period.
e. Notice boards that are removed, stolen, or destroyed
prior to the end of the notice period may be cause for discontinuance of the
depaftmental review until the notice board is replaced and remains in place
for the specified time period. The city shall notify the applicant when it comes
to their attention that notice boards have been removed prematurely,
stolen, or destroyed.
f, An affidavit ef Besting shall be subrnitted by the planning
c
in
28
hf. SEPA information shall be added by the city to the posted
sign within applicable deadlines. An affidavit of posting shall be submitted
by the planning director.
G. Published notice of applicafircn. Published notice of application in the
city's official newspaper or an appropriate substitute as provided for in
Resolution No. L747 or as subsequently amended is required for Process I
and II permits requiring SEPA review, short plats, minor conditional use, and
Process III, IV, and V permits, except subdivision final plat applications.
Published notice shall include at least the following information:
1. Project location;
2. Project description;
3. Type of permit(s) required;
4. Comment period dates; and
5. Location where the complete application and notice of the
application may be reviewed.
H. Shoreline master program permits. Notice of the application for a
permit under the purview of the city's shoreline master program shall be
given in accordance with the requirements of Ch. 11.04 KCC, the Kent
shoreline master program and WAC 173-27-110.
Sec. 12.O1.145. Notice of open record hearing.
Amend KCC 72.07, 72.04,75.02,
75.04, and 75.O8.O35, and 75,09
Re: Process and Procedures
29
A. Notice of open record hearing for all Wpes of applications. The notice
given of an open record hearing required in this chapter shall contain:
1. The name of the applicant or the applicant's representative;
2. Description of the affected property, which may be in the form
of either a vicinity location sketch or written description, other than a legal
description;
3. The date, time, and place of the hearing;
4. The nature of the proposed use or development;
5.
testimony;
A statement that all interested persons may appear and provide
6. When and where information may be examined, and when and
how written comments addressing findings required for a decision by the
hearing body may be submitted;
7. The name of a city representative to contact and the telephone
number where additional information may be obtained;
8. That a copy of the application, all documents and evidence
relied upon by the applicant and applicable criteria are available for
inspection at no cost and will be provided at the cost of reproduction; and
Amend KCC 72,07, 72,04, 75.02,
75,O+ and 75,O8.O35, and 75,09
Re: Process and Procedures
30
9. That a copy of the staff report will be available for inspection
at no cost at least five calendar days prior to the hearing and copies will be
provided at the cost provided for in the city's public record disclosure policy.
B. Mailed notice of open record hearing. Mailed fotice of the open record
hearing shall be provided by the city in hard copy or e-mail as follows:
1. Process I, IL and v actions. No public notice is required
because an open record hearing is not held. Netiee for short Blat meetings
lsmai Shoreline permit notices shall
be in accordance with the requirements of Ch. 11.04 KCC. the Kent shoreline
master proqram and WAC 173-27-LLO.
2. Process III and IV actions. The notice of open record hearing
shall be mailed to:
a The applicant;
b. All owners of real property as shown by the records of
the county assessor's office within 300 feet of the subject property; and
c. Any person who submits written comments, delivered to
the planning services office, regarding the project permit.
3. Process r+Iu preliminary plat actions. In addition to the
general notice of open record hearing requirements for Process I+IU actions
above, additional notice shall be provided as follows:
Amend KCC 72.07, 72.04, 75,02,
75,04, and 75.O8.O35, and 75.09
Re: Process and Procedures
31
a. Notice of the filing of a preliminary plat of a proposed
subdivision located adjacent to the right-of-way of a state highway or within
two miles of the boundary of a state or municipal airport shall be given to
the Secretary of Transportation, who must respond within 15 calendar days
of such notice.
b. Special notice of the hearing shall be given to adjacent
land owners by any other reasonable method the city deems necessary.
Adjacent land owners are the owners of real property, as shown by the
records of the King County assessor, located within 300 feet of any portion
of the boundary of the proposed subdivision. If the owner of the real
propefty which is proposed to be subdivided owns another parcel or parcels
of real property which lie adjacent to the real property proposed to be
subdivided, notice under Rcw 58,17.090(1)(b) shall be given to owners of
real propefty located within 300 feet of such adjacenily owned parcels.
4. Process VI actions. For Process VI legislative actions, the city
shall publish notice as described in subsections (C) and (D) of this section,
and use all other methods of notice as required by RCW 35A.12.160. For
privately proposed amendments to the comprehensive plan land use map,
notice of the open record hearing shall be mailed to:
a. The applicant;
b, All owners of real property as shown by the records of
the county assessor's office within 300 feet of the affected property; and
c.Any person who has requested notice.
Amend KCC 72.07, 72.O+ 15.02,
75.04, and 75.O8.O35, and 75,O9
Re: Process and Procedures
32
For revised geographic scope of the privately proposed land use plan map
amendments, notice of the open record hearing shall be given by notification
of all property owners within the revised land use plan map amendment
area.
C. Procedure for posted or published notice of open record hearing
1, Posted notice of the open record hearing is required for all
Process III and IV actions. The posted notice of hearing shall be added to
the sign already posted on the property pursuant to KCC 12.01.140(F).
2. Published notice of the open record hearing is required for all
ProcessIIIandIV@.Thepublishednoticeshallbe\published in the city's official newspaper or appropriate substitute as
provided for in Resolution No. L747 or as subsequently amended and contain
the following information :
a. Project location;
b. Project description;
c. Type of permit(s) required;
d. Date, time, and location of the hearing; and
e. Location where the complete application may be
reviewed.
Amend KCC 72.07, 72,04,75.02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
33
3. Published notice of the open record hearing is required for all
ProcessVI@'Thenoticeshallbepublishedinthecity,s
official newspaper or appropriate substitute as provided for in Resolution No.
L747 or as subsequently amended and the
informationrequiredinsubsection(c)(2)ofthisSection=ffi
efqi
{.eviewed.
D. Time of notice of open record hearing. Notice shall be mailed, posted
and first published not less than 10 calendar days prior to the hearing date.
+n
Fen re€erd hearing(s),
Sec. L2.OL.I47. Notice of city council meetings on project
permit applications. The city shall mail notice by hard copy or e-mail of
city council meetings on Process IV and VI project permit applications to
pafties of record.
sec. 12.o1.15o. consistency with development regulations
And SEPA.
A. Purpose. when the city receives a project permit application,
consistency between the proposed project and the applicable regulations
and comprehensive plan should be determined through the process in this
chapter and the city's adopted SEPA ordinance, Ch. 11.03 KCC.
B. consistency. During project permit application review, the city shall
determine whether the items listed in this section are defined in the
development regulations applicable to the proposed project. In the absence
Amend KCC 72.07, 72.04, 75.021
75.04, and 75.O8.O35, and 75.09
Ret Process and Procedures
34
of applicable development regulations, the city shall determine whether the
items listed in this section are defined in the city's adopted comprehensive
plan, This determination of consistency shall include the following:
1. The type of land use permitted at the site, including uses that
may be allowed under certain circumstances, if the criteria for their approval
have been satisfied;
2. The level of development, such as units per acre, density of
residential development in urban growth areas, or other measures of
density;
3. Availability and adequacy of infrastructure, including public
facilities and services identified in the comprehensive plan, if the plan or
development regulations provide for funding of these facilities as required
by Chapter 36.70A RCW; and
4.
standards
Characteristics of the development, such as development
5. In deciding whether a project is consistent, the determinations
made pursuant to subsection (B) of this section shall be controlling.
6. Nothing in this section limits the city from asking more specific
or related questions in subsections (B)(1) through (5) of this section.
C. Initial SEPA analysis. The city shall also review the project permit
application under the requirements of the State Environmental Policy Act
Amend KCC 72.07, 72.04, 75.02,
75,04, and 75,O8.O35, and 75.09
Re: Process and Procedures
35
(SEPA), Chapter 43.zIC RCW, the SEPA Rules, Chapter 197-L1 WAC, and
ch. 11,03 KCC.
1. This SEPA analysis shall:
a. Determine whether the applicable federal, state, and
local regulations require studies that adequately analyze all of the project
permit a ppl ication's specific proba ble adverse environ menta I im pacts ;
b, Determine if the applicable regulations require measures
that adequately address such environmental impacts;
c. Determine whether additional studies are required
and/or whether the project permit application should be conditioned with
additional mitigation measures; and
d. Provide prompt and coordinated review by government
agencies and the public on compliance with applicable environmental laws
and plans, including mitigation for specific project impacts that have not
been considered and addressed at the plan or development regulation level.
2. In its review of a project permit application, the city may
determine that the requirements for environmental analysis, protection, and
mitigation measures in the applicable development regulations,
comprehensive plan, and/or in other applicable local, state, or federal laws
provide adequate analysis of and mitigation for the specific adverse
environmental impacts of the application.
Amend KCC 72.O7r 72.04, 15.02,
75.O+ and 75.O8,O35, and 75.09
Re: Process and Procedures
36
3. A comprehensive plan, development regulation or other
applicable local, state, or federal law provides adequate analysis of and
mitigation for the specific adverse environmental impacts of an application
when:
a The impacts have been avoided or otherwise mitigated;
or
b. The city has designated as acceptable certain levels of
service, land use designations, development standards, or other land use
planning required or allowed by Chapter 36.704 RCW.
4. The city's determination of consistency with the items identified
in subsection (B) of this section shall not prohibit the city from denying,
conditioning, or mitigating impacts due to other aspects of the project.
5. In its decision whether a specific adverse environmental impact
has been addressed by an existing rule or law of another agency with
jurisdiction with environmental expertise with regard to a specific
environmental impact, the city shall consult orally or in writing with that
agency and may expressly defer to that agency. In making this deferral, the
city shall base or condition its project approval on compliance with these
other existing rules or laws.
6. Nothing in this section limits the authority of the city in its
review or mitigation of a project to adopt or otherwise rely on environmental
analyses and requirements under other laws, as provided by Chapter 43.2lC
RCW.
Amend KCC 72.07, r2.O4,75.02,
15.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
37
7. The city shall also review the application under Ch, 11.03 KCC,
the city's environmental policy provisions.
D. Categorically exempt actions. Actions categorically exempt under
RCW 43.2LC.110(1Xa) do not require environmentafT review or the
preparation of an environmental impact statement. An action that is
categorically exempt under the rules adopted by the Department of Ecology
(Chapter L97-L1 WAC) may not be conditioned or denied under SEPA.
E. Planned actions. A planned action does not require a threshold
determination or the preparation of an environmental impact statement
under SEPA, but is subject to environmental review and mitigation under
SEPA.
1. A "planned action" means one (1) or more types of project
action that:
a. Are designated planned actions by an ordinance or
resolution adopted by the city;
b. Have had the significant impacts adequately addressed
in an environmental impact statement prepared in conjunction with:
i. A comprehensive plan or subarea plan adopted
under Chapter 36.70A RCW; or
ii. A fully contained community, a master planned
resort, a master planned development, or a phased project;
Amend KCC 72.07, 72.04, 75.02,
75,O+ and 75,O8.O35, and 75.09
Re: Process and Procedures
38
c. Are subsequent or implementing projects for the
proposals listed in subsection (E)(1)(b) of this section;
d. Are located within an urban growth area, as defined in
RCW 36,70A.030;
e. Are not essential public facilities, as defined in RCW
36.70A.200;
f. ' Are consistent with the city's comprehensive plan
adopted under Chapter 36.70A RCW.
2. The city shall limit planned actions to certain types of
development or to specific geographical areas that are less extensive than
the jurisdictional boundaries of the city, and may limit a planned action to a
time period identified in the environmental impact statement or in the
ordinance or resolution designating the planned action under RCW
36.70A.040,
3. During project review, the city shall not re-examine
alternatives or hear appeals on the items identified in subsection (B) of this
section except for issues of code interpretation, the process for which is
outlined in KCC 15.09.060.
4. Project review shall be used to identify specific project design
and conditions relating to the character of development, such as the details
of site plans, curb cuts, drainage swales, the payment of impact fees, or
other measures to mitigate a proposal's probable adverse environmental
impacts.
Amend KCC 72.07, 72,O+ 75.021
75.04, and 75.O8.O35, and 75,09
Re: Process and Procedures
39
Sec. 12.O1.155 Code of conduct.
A, General. The following shall apply to open record hearings in KCC
L2.OL,160, open record appeals in KCC 12.01.190, and the closed record
appeals in KCC 12.01.195.
B. Conflict of interest The hearing body shall be subject to the code of
ethics and prohibitions on conflict of interest as set forth in RCW 35A.42.O2O
and Chapter 42.23 RCW, as the same now exists or may hereafter be
amended.
C Ex parte communications
1. No member of the hearing body may communicate, directly or
indirectly,regardinganyissueinaproceedingbefore@
body, other than to participate in communications necessary to procedural
aspectsofmaintaininganorderlyprocess'unless@
provides notice and opportunity for all parties to participate; except as
provided in this section:
a. The hearing body may receive advice from legal counsel;
or
b. The hearing body may communicate with staff members
(except where the proceeding relates to a code enforcement investigation
or prosecution).
Amend KCC 72.07, 72,04, 75.02,
75,O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
40
2. If, before serving as the hearing body in a quasi-judicial
proceeding, ?hy member of the hearing body receives an ex parte
communication of a type that could not properly be received while serving,
the member of the hearing body, promptly after starting to serve, shall
disclose the communication as described in KCC LZ.OL.160(D)(3).
3. If the hearing body or a member of the hearinq bodv receives
anexpartecommunicationinviolationofthissection,@
body or member shall place on the record:
a. All written communications received;
b. All written responses to the communications;
c. The substance of all oral communications received and
all responses made; and
d. The identity of each person from whom the hearing body
received any ex parte communication,
The hearing body shall advise all parties that these matters have been
placed on the record. Upon request made within ten (10) calendar days after
notice of the ex parte communication, any party desiring to rebut the
communication shall be allowed to place a rebuttal statement on the record.
D. Disqualification
1. A member of the hearing body who is disqualified may be
counted for purposes of forming a quorum. Any member who is disqualified
Amend KCC 72.07, 72.04, 15.02,
75,O+ and 75,O8.O35, and 75.09
Re: Process and Procedures
4t
may be counted only by making full disclosure to the audience, abstaining
from voting on the disqualification, vacating the seat on the hearing body,
and physically leaving the hearing.
2. If all members of the hearing body are disqualified, all
members present after stating their reasons for disqualification shall be re-
qualified and shall proceed to resolve the issues,
3. Except for Process VI actions, a member absent during the
presentation of evidence in a hearing may not participate in the deliberations
or decision unless the member has reviewed the evidence received.
Sec. 12,O1.160 Open record hearings.
A. General. Open record hearings shall be conducted in accordance with
this section.
B. Responsibility of the planning director for hearing. The planning
director shall:
1. Schedule an application for review and public hearing;
2. notice (applicant responsible for some of the notice
requirements);
3. Prepare the staff report on the application, which shall be a
single report stating all of the decisions made as of the date of the report,
including recommendations on project permits in the consolidated permit
process that do not require an open record predecision hearing. The report
Amend KCC 72.07, 72.04, 15.02,
75.04, and 75.O8.O35, and 75.O9
Re: Process and Procedures
42
shall state any mitigation required or proposed under the development
regulations or the city's authority under SEPA. If the threshold determination
other than a determination of significance has not been issued previously by
the city, the report shall include or append this determination. In the case
of a Process I or II project permit application, this report may be the permit;
and
4. Prepare the notice of decision, if required by the hearing body,
and/or mail by hard copy or e-mail a copy of the notice of decision to those
required by this code to receive such decision.
C. Burden and nature of proof . Except for Process VI actions, the burden
of proof is on the proponent. The project permit application must be
supported by proof that it conforms to the applicable elements of the city's
development regulations, comprehensive plan and that any significant
adverse environmental impacts have been adequately addressed.
D. Order of proceedings. The order of proceedings for a hearing will
depend in part on the nature of the hearing. The following shall be
supplemented by administrative procedures as appropriate:
1. Before receiving information on the issue, the following shall be
determined:
a. Any objections on jurisdictional grounds shall be noted
on the record and, if there is objection, the hearing body has the discretion
to proceed or terminate; and
b. Any abstentions or disqualifications shall be determined.
Amend KCC 72.07, 72.04,75.02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
43
2. The presiding officer may take official notice of known
information related to the issue, such as:
a. A provision of any ordinance, resolution, rule, officially
adopted development standard, or state law; and
b, Other public records and facts judicially noticeable by
law.
3. Matters officially noticed need not be established by evidence
and may be considered by the hearing body in its determination. Parties
requesting that a matter be officially noticed shall do so on the record;
however, the hearing body, on its own accord, may take notice of matters
listed in subsections (D)(1) and (DX2) of this section if stated forthe record.
Any matter given official notice may be rebutted.
4. The hearing body may view the area in dispute with or without
notification to the pafties, but shall place the time, manner, and
circumstances of such view on the record,
5. Information shall be received from the staff and from
proponents and opponents. The presiding officer may approve or deny a
request from a person attending the hearing to ask a question. Unless the
presiding officer specifies otherwise, if the request to ask a question is
approved, the presiding officer will direct the question to the person
submitting testimony,
Amend KCC 72,07, 72,04,75.02,
75.O+ and 75.O8.O35, and 75.09
Ret Process and Procedures
44
6, When the presiding officer has closed the public hearing portion
of the hearing, the hearing body shall openly discuss the issue and may
further question a person submitting information or the staff if opportunity
for rebuttal is provided.
I
7. When the hearing body is unable to formulate a
recommendation on a project permit, the hearing body may decide to
forward the project permit to the city council to render a decision without a
recommendation,
E. Recommendation/decision. The hearing body shall issue a
recommendation or decision, as applicable, within fourteen (14) calendar
days of the record being closed.
F. Reconsideration by hearing examiner. Reconsideration is not
authorized for Process I and Process II applications. A party of record may
ask for a reconsideration of a decision by the hearing examiner for a Process
III action or a recommendation by the hearing examiner for a Process IV
action. A reconsideration may be requested if either:
1. A specific error of fact or law can be identified; or
2. New evidence is available which was not available at the time
of the hearing.
A request for reconsideration shall be filed by a party of record within five
(5) working days of the date of the initial decision/recommendation. Any
reconsideration request shall cite specific references to the findings and/or
criteria contained in the ordinances governing the type of application being
Amend KCC 72.07, 72.O+ 75.02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
45
reviewed. The hearing examiner shall promptly review the reconsideration
request and within five (5) working days issue a written response, either
approving or denying the request. For purposes of rights to appeal pursuant
to Chapter 36.70C RCW only, if a request for reconsideration is timely filed
by a party of record, the decision of the hearing examiner is not final until
after a decision on reconsideration is issued.
Sec. 12.OL.L7O, Notice of decision.
A. Following a decision on a project permit by the applicable decision-
maker, the city shall provide a notice of decision that also includes a
statement of any threshold determination made under SEPA (Chapter
43.2IC RCW) and the procedures for appeal.
B. The notice of decision shall be issued within one hundred twenty (120)
calendar days, as calculated by KCC 12.01.180, after the city notifies the
applicant that the application is complete.
C. The notice of decision shall be provided to the applicant and to any
person who, prior to the rendering of the decision, requested notice of the
decision or submitted substantive comments on the application.
D. Notice of the decision shall be provided to the public as set forth in
KCC 12.01.145(BX2)(a) and (c), Affected property owners may request a
change in valuation for property tax purposes. The city shall provide notice
of the decision to the county assessor's office in which the property is
located.
Amend KCC 72.07, 72.04,75.02,
75.O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
46
E. Pursuant to RCW 36.708.140(1), building permits, grading permits,
and civil construction permits are exempt from the requirements in
subsection (C) and (D) of this section, except for notice to the applicant.
F. If the city is unable to issue its final decision on a project permit
application within the time limits provided for in this chapter, it shall provide
written notice of this fact to the . The notice
shall include a statement of reasons why the time limits have not been met
and an estimated date for issuance of the notice of decision.
Sec. 12.O1.18O Time limitations.
A. Calculation of time periods for issuance of notice of final decision. In
determining the number of calendar days that have elapsed after the city
has notified the applicant that the application is complete for purposes of
calculating the one hundred twenty (120) day time limit in KCC 12.01.170
for issuance of the notice of decision, the following periods shall be excluded:
1. Any period during which the applicant has been requested by
the city to correct plans, perform required studies, provide additional
required information, or otherwise required to act. The period shall be
calculated from the date the city notifies the applicant of the need for
additional information until
he date the information
has been provided to the city;
2. Any period during which the city determines that the
information submitted by the applicant under KCC 12.01.100 and 12.01.110
Amend KCC 72.07, 72.04, 15.02,
75.04, and 75.O8,O35, and 75.09
Re: Process and Procedures
47
is insufficient or incorrect and has requested the applicant to provide
sufficient or correct information;
3. Any period during which an environmental impact statement is
being prepared following a determination of significance pursuant to Chapter
43.2IC RCW, if the city by ordinance has established time periods for
completion of environmental impact statements, or if the city and the
applicant in writing agree to a time period for completion of an
environmental impact statement;
4. Any period for administrative appeals of project permit
applications, if an open record appeal hearing or a closed record appeal, or
both, are allowed. The time period for consideration and decision on appeals
shall not exceed:
a Ninety (90) calendar days for an open record appeal
hearing; or
b. Sixty (60) calendar days for a closed record appeal.
The parties may agree to extend these time periods; and
5. Any extension of time mutually agreed upon by the applicant
and the city.
B. Time limit exceptions. The time limits established in this section do
not apply if a project permit application:
Amend KCC 72.O7t 72.04,75.02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
48
1. Requires an amendment to the comprehensive plan or a
development regulation;
2. Requires approval of the siting of an essential public facility as
provided in RCW 36.70A.2O0; or
3. Is substantially revised by the applicant, in which case the time
period shall start from the date at which the revised project application is
determined to be complete pursuant to KCC 12.01.100.
C. Failure to meet time limit.If the city is unable to issue its final decision
within the time limits provided in this chapter, it shall provide written notice
of this fact to the project applicant. The notice shall include a statement of
reasons why the time limits have not been met and an estimated date for
issuance of a final decision. The city is not liable for damages due to the
city's failure to make a final decision within the time limits established in this
chapter.
Sec. 12.O1,185 Expiration of permits.
A. Absent statute or ordinance provisions to the contrary, Process I and
II project permit applications listed in KCC 12.01.050 that are not subject
to the notification and procedural requirements of this chapter and for which
no substantial steps have been taken to meet approval requirements
including permit issuance or final decision for a period of three hundred
sixty-five (365) days after submittal of the initial application will expire and
become null and void. The application and instruction forms will reference
the expiration standards of this section, where applicable. Substantial steps
include, but are not limited to, due diligence in submitting complete and
Amend KCC 72.07, 72.04, 75.02,
75.04, and 75,O8.O35, and 75.09
Re: Process and Procedures
49
correct resubmittals or due diligence in satisfying the requirements for
recordation of lot line adjustments. The planning director may grant a one
hundred eighty (180) day extension in writing on a one-time basis if the
failure. to take a substantial step was due to circumstances beyond the
control of the applicant. Provisions of this section do not exempt the city
from the time periods for actions under RCW 36.708.080 and KCC
tz.ot.180.
B. Absent statute or ordinance provisions to the contrary, permits or land
use approvals listed in KCC 12.01.040forwhich the use is not begun orthe
work is not completed within three hundred sixty-five (365) days after
permit issuance or final decision will expire and become null and void. The
issued permit or land use approvals will clearly state this requirement for
expiration, where applicable. The planning director may grant a one hundred
eighty (180) day extension in writing on a one-time basis if the failure to
begin the use or complete the work was due to circumstances beyond the
control of the applicant.
C. Site plan review approvals will expire and become null and void one
hundred eighty (180) days after approval unless:
1. Project permit applications for development of a substantial
portion of the site plan remain valid; or
2. Project permits for development of a substantial portion of the
site plan remain valid.
D. The planning eer director may
authorize additional time extensions in rare or unique circumstances when
Amend KCC 72.07, 72.04, 75.02,
75.04, and 75,O8.O35, and 75.09
Re; Process and Procedures
50
the delay is outside of the applicant's control, including but not limited to
unusual delay in obtaining permits or approvals from other agencies or
jurisdictions.
Sec. 12.O1.19O Open record appeal.
A. This section allows for open record appeals as provided in the
framework in KCC 12.01.040. Open record appeals are heard by the hearing
examiner.
B. Consolidated appeals.
1. All open record appeals on a project permit application
decision, other than an appeal of determination of significance (DS), shall
be considered together in a consolidated open record appeal.
2. Appeals of environmental determinations under SEPA, Ch.
11.03 KCC, including administrative appeals of a threshold determination,
shall proceed as provided in that chapter.
C. Initiation of appeal. Only parties of record may initiate an appeal on
a project permit application.
D, Time to file. An appeal must be filed within fourteen (14) calendar
days following issuance of the notice of decision. Appeals must be delivered
to the planning services office by mail, personal delivery, or received by fax
before 4:30 p.m. on the last business day of the appeal period.
Amend KCC 72.07, 72.04,75.02,
75.O+ and 75.O8,O35, and 75.09
Re: Process and Procedures
51
E. Computation of time. For the purposes of computing the time for filing
an appeal, the day the notice of decision is rendered shall not be included.
The last day of the appeal period shall be included unless it is a Saturday,
Sunday, a day designated by RCW 1.16.050, or by the city's ordinances as
a legal holiday, then it also is excluded and the filing must be completed,6n
the next business day (RCW 35A.28.070).
F. Content of appeal. Appeals shall be in writing, be accompanied by an
appeal fee as set by the city council, and contain the following information:
1. Appellant's name, address, and phone number;
2.
to appeal;
Appellant's statement describing @ standing
3
appeal;
Identification of the application which is the subject of the
4. Appellant's statement of grounds for appeal and the facts upon
which the appeal is based;
5. The relief sought, including the specific nature and extent; and
6. A statement that the appellant has read the appeal and
believes the contents to be true, followed by the appellant's signature.
G. Effect. The timely filing of an appeal shall stay the effective date of
the decision until such time as the appeal is adjudicated by the hearing
examiner.
Amend KCC 72.07, 72.O+ 75.02,
75.O+ and 75.O8,O35, and 75.09
Re: Process and Procedures
52
H. Notice of appeal. Public notice of the appeal shall be given as provided
in KCC 12.01.14s (BX2)(a) and (c).
L Burden of proof . The burden of proof is on the appellant
Sec. 12.O1.195. Closed record appeal.
A. This section shall allow for closed record appeals as provided in the
framework of KCC 12.01.040. A closed record appeal hearing shall be on the
record before the hearing body and no new evidence may be presented,
unless the new evidence is limited to information that could not have been
placed on the record previously.
B. Administrative appeals. Only parties of record may initiate an
administrative appeal on a project permit application.
C. Time to file. An appeal must be filed within fourteen (14) calendar
days following issuance of the notice of decision. Appeals must be delivered
to the planning services office by mail, personal delivery, or electronically
before 4:30 p.m. on the last business day of the appeal period.
D. Computation of time. For the purposes of computing the time for filing
an appeal, the day the notice of decision is rendered shall not be included.
The last day of the appeal period shall be included unless it is a Saturday,
Sunday, or a day designated by RCW 1.16.050 or by the city's ordinances
as a legal holiday; then it also is excluded and the filing must be completed
on the next business day (RCW 35A.21.080).
Amend KCC 72.07, 72.04, !5.O2,
75,O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
53
E. Content of appeal. Appeals shall be in writing on forms provided by
the city, be accompanied by an appeal fee as set by the city council, and
contain the following information:
1. Appellant's name, address, and phone number;
2.Appellant,sstatementdescribing@standing
to appeal;
3.
appeal;
Identification of the application which is the subject of the
4. Appellant's statement of grounds for appeal and the facts upon
which the appeal is based;
5. The relief sought, including the specific nature and extenU and
6. A statement that the appellant has read the appeal and
believes the contents to be true, followed by the appellant's signature.
F. Effect. The timely filing of an appeal shall stay the effective date of
the decision until such time as the appeal is adjudicated by the hearing
examiner or city council.
G. Order of proceedings. The closed record appeal shall only be open for
oral argument by the parties to the appeal.
H. Burden of proof. The burden of proof is on the appellant
Amend KCC 72.01, 72.04,75.02,
75.O+ and 75.O8.O35, and 75,09
Re: Process and Procedures
54
Sec. 12.O1.2OO. Judicial appeals.
A. Appeal. The city's final decision or appeal decision on a Process I, II,
III, IV, or V application may be appealed by a party of record with standing
to file a land use petition in King County superior court.
B. Petition period. A land use petition must be filed within twenty-one
(21) calendar days of issuance of the notice of decision or appeal decision.
C, Filing and content of a land use petition. A land use petition shall be
filed according to the procedural standards outlined in Chapter 36.70C RCW,
Judicial Review of Land Use Decisions, also known as the "Land Use Petition
Act."
SECTION 2. - Amendment. Chapter L2.04 of the Kent City Code
entitled "Subdivisions, Binding Site Plans, and Lot Line adjustments" is
amended as follows:
Article I. General Provisions.
Sec. 12.O4.O1O. Title. This code shall be hereinafter known as the
city of Kent subdivision code.
Sec. 12.O4.O15. Purpose. The purpose of this chapter is to provide
rules, regulations, requirements, standards, and procedures for subdividing
land, for obtaining binding site plans, and for adjustments of lot lines in the
city, ensuring:
A. That the highest feasible quality in subdivisions will be attained;
Amend KCC 72.07, 72,O4r 75,02,
75,O+ and 75.O8.O35, and 75.O9
Re: Process and Procedures
55
B. That the public health, safety, general welfare, and aesthetics of the
city shall be promoted and protected;
C. That orderly growth, development, and the conservation, protection,
and proper use of land shall be promoted;
D, That proper provisions for all public facilities, including connectivity,
circulation, utilities, and services, shall be made;
1. That maximum advantage of site characteristics shall be taken into
consideration; and
2. That the process shall be in conformance with provisions set fofth in
KCC Title 15, Zoning, and the comprehensive plan.
Sec. 12.O4.O2O. 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 than other
laws, ordinances, or restrictive covenants, the provisions of this chapter
shall prevail.
Unless otherwise indicated and as provided by RCW 58.17.040, the
provisions of this chapter do not apply to:
A. Cemeteries and burial plots while used for that purpose;
Amend KCC 72,07, 72.O+ 75.02,
75.04, and 75,O8.O35, and 75.09
Re: Process and Procedures
56
B. Divisions made by testamentary provisions, or the laws of descent
This exemption permits the testator to divide propertv into as many lots as
there are heirs in the testator's Last Will and Testament. Lots resulting from
a testamentarv division are not necessarilv buildable, and the lots resulting
from a testamentarv division are not exemot from anv other applicable land
use reoulations;
C. Division of land due to condemnation or sale under threat thereof, by
an agency or division of government vested with the power of
condemnation;
D. 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;
E. Condominium developments, pursuant to either Chapter 64.32 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
larger if the land is not capable of description as a fraction of a section of
land;
G. A division for the purpose of lease when no residential structures other
than mobile homes or travel trailers are permitted to be placed upon the
land when the city has approved a binding site plan;
H. A division for the purpose of leasing land for facilities providing
personal wireless services while used for that purpose; and
Amend KCC 72.07, 72.O+ 75.02,
75,04, and 75.O8.O35, and 75.09
Re: Process and Procedures
57
I. A division of land into lots or tracts of less than three (3) acres that
is recorded in accordance with Chapter 58.09 RCW and is used or to be used
for the purpose of establishing a site for construction and operation of
consumer-owned or investor-owned electric utility facilities.
Sec. L2.O4.O25. 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 different
meaning:
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.
land use and planning board; the building offieial; publie works direeter;
Amend KCC 72.07, 72,04,75.02,
75.O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
58
ir
@+rcfr
ED. Block shall mean a group of lots, tracts, or parcels within well-defined
and fixed boundaries.
FE. Circulafion shall mean any of a number of quantitative measures that
characterize 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.
GE. 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.
++G. 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.
+H. 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.
Amend KCC 72.07, 72,04,75.02,
75.O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
59
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
36.7OA RCW. The term also includes adopted subarea plans prepared in
accordance with Chapter 36.70A RCW.
KJ. 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
a character that is pedestrian-friendly and that provides a sense of location.
LK. 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.
S4L. 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.
NM. Division of land shall mean the subdivision of any parcel of land into
two (2) or more parcels.
eN. Final plat or final short plat shall mean the final drawing of the
subdivision or short subdivision and dedication prepared for filing for record
Amend KCC 72.07, 72.O+ 75.02,
75.04, and 75.O8.O35, and 75,09
Re: Process and Procedures
60
with the King County recorder's office and containing all elements and
requirements set forth in this chapter.
PQ. Hearing examiner shall mean the person appointed by the mayor, or
@designee,toconductpublichearingsonapplications
outlined in Ch. 2.32 KCC which creates the hearing examiner, and who
prepares a record, findings of fact, and conclusions on such applications.
QP. Homeowners' association shall mean an incorporated nonprofit
organization operating under recorded land agreements through which:
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.
RQ. Land use and planning board shall mean that body as defined in Ch
2.57 KCC.
SR. lof 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.
+S. 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,
Amend KCC 72.07, 72,04, 75.02,
75.O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
61
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.
UI. 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.
VU. Lot line adjustmenf 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.
WV. Lot lines shall mean the propefty lines bounding the lot.
X!V. 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.
Amend KCC 72.07, 72.04,75.02,
75.O4t and 75.O8.O35, and 75.09
Re: Process and Procedures
62
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 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.
YX. 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
described as a fractional poftion of a section as described in the Public Land
Survey System.
ZY. 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,
frAz. Meander /rne 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 (L973) or its successor,
BA$. 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-halt (L/2) mile from any point in the neighborhood. Parking spaces
are typically not provided, unless on-street parking is not available,
Amend KCC 72.O7r 72.04,75.02,
75.O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
63
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.
€€EE. 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,
playgrounds, and drainage rights-of-way or easements as may be shown
thereon.
DDCC. 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.
trDD. 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.
FFEE. Performance bond or guaranfee 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,
Amend KCC 72.07, 72.04,75.021
75.04, and 75.O8.O35, and 75.O9
Re: Process and Procedures
64
FF. 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.
HHGG. P/af 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.
I+HH. Preliminary approvalshall mean the official favorable action taken on
the preliminary plat of a proposed subdivision by the hearing examiner
following a duly adveftised public hearing or on a preliminary plat of a short
subdivision by the planning director following a duly advertised public
comment period .
J{I. Preliminary p/af 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.
{<KJJ. Short plat shall mean the map or representation of a short
subdivision.
++KK. 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 potenlial 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,
Amend KCC 72.07, ,2.O4,75.02,
75.O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
65
environmental protection, or stormwater facilities are not included in the
number of lots created.
or transfer oFewnership' Traets identified for or with the Betential fer future
whieh are not buildable and/or are intended for publie dedieatien;
number ef lets ereated,
iv+siens
intended fer publie dedieation; envirenmental proteetien; er stermwater
PPLL. Street shall mean a public or private way which affords a primary
means of access to property.
aryM. 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
Amend KCC 72.07, 72.04, 75.02,
75.O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
66
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.
R+.NA| Subdivision, phased shall mean a subdivision which is
developed in increments over a period of time.
@ntativePlat is reviewed at a pre applieatien eenferenee:
+FOO. Title report shall mean a ceftified report from a bonded title agency
showing recorded title holder and all encumbrances and defects that exist
on the land.
U+IPP. 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.
WQQ. 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,
Amend KCC 72.07, 72.04,75.02,
15,04, and 75.O8.O35, and 75.09
Re: Process and Procedures
67
rollerskaters, pedestrians, and the like. Use by motorized vehicles is
prohibited.
UIWRR. 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.
Sec. 12,O4.O3O 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 fufther provides for
administrative procedures for the adjustment of lot lines.
Sec. 12.O4.O35 City functions.
A. Planning seryices office. The planning services @
economic and community develooment department is responsible for the
administration and coordination of this chapter unless another department
or division is authorized to administer and enforce a specific section.
B. Oevetopment engin The
d evelo o m ent en g i neeri n g d ivisio n depa+tmentsof @
communitv development department is responsible for reviewing all
engineering and technical requirements of this chapter,
C. Fire departmenf. The Puget Sound Regional Fire Authoritv or contract
fire services provider deBar*ment-is responsible for reviewing all fire access
and fire safety requirements of this chapter.
Amend KCC 72.07, 72.04, 75.02,
75.O+ and 75,O8.O35, and 75.09
Re: Process and Procedures
68
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. +s
economic and community development director. or their designee.
is
+ng
s+te-ptafts"
CE. Hearing examiner. The hearing examiner is authorized to hold a public
hearing and make a final decision on subdivision preliminary plats.
HG. City council. The city council shall conduct any closed record appeal
from a hearing examiner's final decision on a subdivision preliminary plat.
The planning director shall have sole authority to approve subdivision final
plats. An appeal of a final plat decision shall be in superior court pursuanL_!q
KCC 12.01.200.
Sec. 12.O4.O4O. Penalties.
A, Civil. Any violation of any provision of this chapter, or any violation of
any term or condition of plat approval prescribed pursuant to this chapter
by any person, firm, corporation, or association, or any agent thereof, shall
Amend KCC 72.07, 72.04, 75.02,
75,04, and 75.O8.O35, and 75.09
Re: Process and Procedures
69
constitute a civil violation under Ch. 1,04 KCC for which 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 misdemeanor and each
sale, offer for sale, lease, or transfer of each separate lot, tract, or parcel of
land in violation of any provision of Chapter 58.17 RCW, orany provision of
this chapter, shall be deemed a separate and distinct offense.
Sec. 12.O4.045. 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 injured or damaged either in person or property by any defect
therein; nor shall the city or any agent thereof be held as assuming such
liability by reason of any preliminary or final approval or by issuance of any
permits or certificates authorized herein.
Sec. 12.O4.O5O. Planned unit developments, In addition to the
standard subdivision of land as outlined in this chapter, the city provides for
the subdivision of land under the planned unit development regulations of
the zoning code, KCC Title 15. The zoning code should be consulted
concerning the special procedures for planned unit developments.
Sec. 12.O4.O55. 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.
Amend KCC 72.07, 72.04, 75.02,
75,04, and 75.O8.O35, and 75.09
Re: Process and Procedures
70
Sec. 12.04.060. Onsite recreation and open space
requirements.
A. Approval of all subdivisions and short subdivisions located in single-
family residential zones as defined in KCC Title 15, Zoning, shall be
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
to (1) dwelling units on lots being created that include forty-three thousand
five hundred sixty (43,560) square feet or more, and (2) planned unit
developments.
B. When required, residential subdivisions and short subdivisions shall
provide recreation space for leisure, gldy, 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;
Amend KCC 72.07, 72.04, 75.O2t
75,O+ and 75,O8.O35, and 75.09
Re: Process and Procedures
7T
2. Be on the site of the proposed development unless otherwise
approved by the planning manager and parks and community services
director;
3. Be located in an area where the topography, soils, hydrology,
and other physical characteristics are of such quality as to create a flat, dry,
obstacle-free space in a configuration which allows for passive and active
recreation;
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;
7. Be located in one (1) designated area, unless the planning
manager and parks and community services director determine that the
residents of a large subdivision, townhouse development, or apartment
development would be better served by multiple areas developed with
recreation or play facilities; and
8. Be accessible, via trail or walkway, to any existing or planned
municipal, county, or regional park; public open space; or trail system
adjacent to the subdivision or short subdivision.
Amend KCC 72.07, 72.04,75.02,
75.O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
72
E. Recreation space shall be improved with both active and passive areas
designed for leisure , play, and sport activities. Play equipment or other age-
appropriate facilities, as approved by the city parks and community services
director, shall be provided within the recreation space areas. Active
recreation improvements shall be included as follows:
1. For developments of twenty-five (25) or less dwelling units, at
least one (1) of the following recreation facilities shall be provided in addition
to a tot lot or children's play area:
a. Playground equipment;
b. Sport court;
c Sport field;
d. Tennis court; or
e. Any other recreation facility proposed by the applicant
and approved by the parks and community services director;
2. For developments of twenty-six (26) to fifty (50) dwelling units,
at least two (2) or more of the recreation facilities listed in subsection (CX1)
of this section shall be provided; and
3. For developments of more than fifty (50) dwelling units, at
least one (1) additional recreation facility listed in subsection (CX1) of this
section shall be provided for every additional twenty-five (25) dwelling units.
Amend KCC 72.07, 72.04, 75.02,
15.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
73
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 requirements of the City
of Kent Surface Water Design Manual and the following conditions:
a. The side slope of the drainage facility shall not exceed
the ratio of three (3) feet horizontal to one (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
Amend KCC 72.07, 72,04, 75.021
75.04, and 75,O8.O35, and 75.09
Re: Process and Procedures
74
d. The drainage facility shall be designed not to require
fencing under the city's adopted surface water design manual.
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
depaftment and reviewed and approved with engineering plans.
1. The recreation space plan shall address all portions of the site
that will be used to meet recreation space requirements of this section,
including the drainage facility. The plans shall show dimensions, finished
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. 12.O4.065. 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, pldy, and sports activities.
For short subdivisions, payment of a fee in lieu of providing onsite recreation
Amend KCC 72.07, 12.04,75.02,
75,O+ and 75.O8.O35, and 15.09
Re: Process and Procedures
75
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 prospective residents of the
development.
B. The dollar amount of the fee-in-lieu shall be determined by
multiplying the following two (2) factors:
1. One hundred fifty (150) percent of the average assessed value
per unit area of land within the boundaries of the subdivision. The average
assessed value shall be that for the year in which the subdivision is deemed
complete. Computations shall be based upon King County assessor
information; and
2
percent
The gross land area within the subdivision multiplied by five (5)
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 agreed upon
by the parties to mitigate the identified, direct impact of the development.
The payment shall be expended in all cases within five (5) years of collection.
Any payment of fees made pursuant to this section that has not been
expended within five (5) years of collection shall be refunded with interest
at the rate applied to judgments to the property owners of record at the
time of the refund. If the payment is not expended within five (5) years due
Amend KCC 72,07, 12.04,75,02,
75,04, and 75,O8,O35, and 75.09
Re: Process and Procedures
76
to delay attributable to the developer, the payment shall be 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. 12.O4.O7O. Onsite recreation - Maintenance of recreation
space or dedication,
A. Recreation space that meets the requirements of this chapter may, at
the discretion of the parks and community services director, be dedicated
as a public park in lieu of providing the onsite recreation required 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
is 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
Amend KCC 72.07, 72.04,75.02,
75.04, and 75.O8,O35, and 75.09
Re: Process and Procedures
77
3. The dedicated area is located within one (1) mile of the project
site.
B. 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. Short Subdivisions and Subdivisions
Sec. 12.O4.1OO. Purpose of short
subdivisions.Theproceduresregulatingffishort
subdivisions are established to promote orderly and efficient division of lots
on a small scale, promote infill development and meet density requirements
while providing an efficient review process, avoiding placing undue burdens
on the subdivider and complying with the purpose of this chapter and the
provisions of RCW 58.17.060 et seq.
Sec. 12.04.1O3 Purpose of subdivisions. The procedures
regulating subdivisions are established to ensure quality development which
promotes orderly and efficient growth, and the conservation and proper 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 KCCTitle 15, Zoning, Title 6, Public Works, Title
7, Utilities, and the Kent comprehensive plan; and complies with the
provisions of this chapter and Chapter 58.17 RCW.
Amend KCC 72.07, 72.04, 75.02,
75,O4r and 75.O8.O35, and 75,09
Re: Process and Procedures
78
Sec. 12.O4.1O5 Scope of short subdivisions.
A. Anv land being divided into less than ten (10) oarcels, lots, tracts.
sites, or subdivisions, anv one (1) of which is less than twentv (20) acres in
size
(4) or less pareels; lets; traets; sites er subdivisiensrany ene (1) ef whieh is
+n-size and which has not been divided in a short
subdivision within a period of five (5) years.
B A lfpe /J sfierf ssbdivrSrrer is defined as any land being divided into
mere than four (4) and less than ten (10) Bareels; lotsr traets; sites er
whieFhas net been divided in a shert subdivision within a Beriod of five (5)
)Aeafs
€9. No application for a short subdivision shall be approved if the land
being divided is held in common ownership with a contiguous parcelthat 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, Such short subdivisions
must be consistent with the approved master plan.
De. Short subdivisions may not be further divided in any manner within a
period of five (5) years without following the procedures for subdivisions,
except that when the short subdivision contains fewer than nine (9) parcels,
nothing in this section shall prevent the owner who filed the short subdivision
Amend KCC 72.07, 72.04, 75.02,
75.04, and 75,O8,O35, and 75.09
Re: Process and Procedures
79
from filing an alteration within the five (5) year period to create up to a total
of nine (9) lots.
Sec. 12.O4.LO7. Scope of subdivisions.
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 in
size; or
B. Any land which has been previously divided under the short
subdivision procedures within the preceding five (5) years; or
C, Any land which is held in common ownership with a contiguous parcel
divided under the short subdivision procedures within the preceding five (5)
years shall conform to the subdivision procedures and requirements of this
chapter.
Sec. 12.O4.115. Application procedures. An application for a
subdivision or short subdivision consists of the following steps:
1. Preparation
II short subdivision and submission of an application for a pre-application
conference if desired;
2. Review of the tentative#a++erpre-application ffi
by the city and convene a meeting with the city resulting in the issuance of
a pre-application conference summary letter;
Amend KCC 72,07, 72.O+ 75.02,
75.04, and 75.O8.O35, and 75.09
Ret Process and Procedureb
80
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 shoft
subdivision to the
planning director for decision;
4. Installation or bonding of improvements according to the approved
preliminary subdivision or short subdivision requirements and satisfaction of
all plat and short plat conditions;
5. Submission of the subdivision or short subdivision final plat to the
planning director for approval
;
6. Recordation of the approved final plat in the office of the King County
department of records and elections.
Sec. I2,O4.LL7. Pre-application review. Pursuant to KCC
L2.OL.080, a pre-application conference is encouraged for subdivisionsT and
ffishottsubdivisionsthatrequireSEPAreview.Thescale
and information required for a pre-application conference and the number
of copies to be filed shall be in accordance with the requirements of the
application checklist.
Sec. 12.O4.119. Subdivision in phases. In a phased subdivision
or short subdivision, preliminary approval must be granted for the entire
subdivision or short subdivision and must delineate the separate divisions
which are to be developed in increments. Preliminary approval shall be
conditioned upon completion of the proposed phases in a particular
Amend KCC 72.07, 72,04,75.02,
75.04, and 75.O8.O35, and 75.O9
Re: Process and Procedures
B1
sequence and may specify a completion date for each phase. Final plat
approval shall be granted for each separate phase of the preliminary
subdivision or short subdivision. All phases shall be recorded with the King
County recorder within the timelines stated in KCC L2.O4.2I5 and
L2.04.22L
Sec. 12,O4.L2O. Preliminary subdivision or short subdivision
application.
A. Application for a subdivision or short subdivision shall be made to
planning services on the forms supplied and in the number of copies
prescribed by that division.
B, The preliminary plat or short plat shall be a neat and approximate
drawing on reproducible material at a decimal scale. The plat map shall
measure eighteen (18) inches by twenty-four (24) inches, be in accordance
with Chapter 332-130 WAC, and shall include:
1. The subdivision or shoft subdivision name; the name and
address of the owner; and, if one has been employed in the preparation of
the application, the name, address, and stamp with signature of the licensed
land surveyor and professional engineer;
2. The date of preparation, a north arrow, legal description of the
property to be subdivided, and a drawing completed in an appropriate
decimal scale;
3. The location of existing and proposed platted property lines,
and existing section lines, streets, structures, watercourses, railroads,
Amend KCC 72.07, ,2.O4, 75.02,
75.O+ and 75.O8.O35, and 75,09
Re: Process and Procedures
82
bridges, wells, and any recorded public or private utility or street easements,
both on the land to be subdivided and on the adjoining lands that abut the
proposed subdivision, for a distance of one hundred (100) feet from the edge
of the subject property;
4. The names, locations, widths, and other dimensions of
proposed streets, alleys, stormwater and critical area tracts, easements,
traffic calming features and devices, parks and other open spaces,
reservations, and utilities;
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;
6. The approximate dimensions of each lot;
7. How the proposed subdivision will be served by utilities and the
location of sanitary sewer, domestic water, 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
of one hundred (100) feeU
9. Sufficient topographic data to accurately locate any critical
areas that may affect future development, and show contours not less than
two (2) feet;
Amend KCC 72.07, 72,04,75.02,
t5.O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
83
10. Provisions for sidewalks, placement or construction of traffic
calming features and devices, and other 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, present
landscaping including a description of any natural or manmade land cover,
wildlife present, and any other environmental factors which may be
prescribed by planning services and applicable city codes; and
L2. All of the information requested on the application form by
planning services.
Sec. 12.O4.135. Vesting. A proposed division of land 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 a preliminary
application for a subdivision or short subdivision, as defined in this chapter,
has been determined to be complete and has been accepted by the city of
Kent, pursuant to KCC 12.01.100.
Sec. 12.O4.L4O. Notice of application. Subdivisions and short
suhdivisions shall nrnvide nrrhlir ice as reouired in KCC 1) 01 14O The
Amend KCC 72.07, 72.04,75,02,
75.O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
84
€i
+e
hearing and shall be mailed; Bublished; and posted on the same day; in the
fe+bwing+nanfi€#
iee
ien
ingserviees
etri€e=
the reeerds of the eeunty assesser's effiee within 300 feet of any poftien ef
the beundary of the preposed shert subdivisien and within 3ee feet of any
ier
ies
with jurisdietion; eity departments; and te any Bersen who requests sueh
notieeinrmitinfr
Amend KCC 72.07, 72.04,75.02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
85
+ +ens
related te the same projeet at the time ef the earliest eemBlete Brejeet
@
Sec. 12.O4.L45. Referral of preliminary subdivision and short
subdivision applications, Upon determination of completeness of an
application for a subdivision or short subdivision, planning services shall
distribute copies of the application materials for review and comment to all
city departments with jurisdiction over the application, and to any other
department or agency deemed necessary.
ersHeafin$"
Sec. 12.O4.15O. Notification of agencies.
A. The city shall mail or email a notice of application to all agencies with
jurisdiction over the subdivision or short subdivision application in
accordance with KCC 12.01.140. Sueh notiee shall inelude the hour and
loeation of the shorE subdMsien eemmittee meeting or subdivision publie
copy of the plat
and the application materials shall be provided to agencies as deemed
necessary or if requested by the agency.
B. Notice of application for a preliminary subdivision or short subdivision,
adjacent to or within one (1) mile of the city boundaries or which
Amend KCC 72.07, 72.O+ 75.02,
75.O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
86
contemplates the use of King County's or any other city's or town's utilities,
shall be given to the appropriate county, city, or town authorities.
C. If a proposed subdivision or short subdivision is located adjacent to
the right-of-way of a federal or state highway or within two (2) miles of a
state or municipal airport, then notice of application shall be given to the
State Depaftment of Transportation. Such notice shall include the hour and
location of the public meeting or hearing, a legal description of the property
being subdivided, and a location map. The Department of Transportation
shall, within fourteen (14) calendar days after receiving the notice, submit
to planning services a statement of any information that the department
deems to be relevant about the effect of the proposed development upon
the legal access to the state highway, the traffic-carrying capacity of the
state highway, the safety of the users of the state highway, or the airport.
Sec. 12.O4.155. Public tn€etitg#hearing notice.
ivem-+n
t+e-fe$ew+n9fiaff€fr
thereeerds ef the eeunty as^esser's effiee within 300 feet ef any Bertien of
the beundary ef the BreBesed subdivision. In additien; if the property te be
we+en
Amend KCC 72.07, 12.04, 75.02,
75.O+ and 75,O8.O35, and 75.09
Re: Process and Procedures
87
ieft
B-Jhe notice of public hearing for a subdivision shall be oosted no less than
10 calendar days prior to the hearinq date. and
in accordance with KCC 12.01.145.
inc
date'
ie
inf-in+
l. The eity shall mail a notiee of publie hearing to theaBBlieant;
iee
within 300 feet of any pertien ef the boundary ef the prepesed subdivisien.
preperty prepesed te be subdivided; the netiee shall be maile#te all ewners
+e
aeeti€atieft
Amend KCC 72.07, 72.04,75.02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
88
Sec. 12.O4.160. Public comment. Affected agencies and the public
shall have a fourteen (14) calendar day period to comment on a notice of
application. An agency and the public are presumed to have no comments if
comments are not received within the specified time period. The planning
@maygrantanextensionoftimeonlyiftheapplication
involves unusual circumstances. Any extension shall not be granted for a
period longer than three (3) additional calendar days,
The fourteen (14) day public comment period begins on the date the notice
of application is mailed, posted and published. Planning services must
receive all public comments by 4:30 p.m. on the last day of the comment
period. Comments may be mailed, personally delivered, or sent by facsimile
or e-mail. Comments should be as specific as possible. The shert_ftrbdivisi€rl
or hearing examiner shall not take action on a
short subdivision or subdivision application until after the comment period
has passed.
Sec. 12.O4.165. Agency recommendations. At the time of the
preliminary short subdivision or subdivision application, written
recommendations for approval or denial in the form of a certificate of water
or sewer availability must be submitted from the health agencies responsible
for approval of the proposed means of sewage disposal and/or water supply,
regarding the general adequacy of the proposed means of sewage disposal
and/or water supply. The applicant is responsible for submitting the
appropriate application forms to the health agency and for paying any review
fee.
Sec. 12.O4.L7O.
Amend KCC 72.07, 72.04, ,5.O2,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
89
#ivision--ommittee shall eonsist of the planning
iv+sien
Sec. 12.O4.L75.
Repealed Fli€ant or representative and
the short subdivision eommittee members shaH-be held within forty (40)
ie.r+n
ie
Sec. 12.O4.L77. Public hearing
A. The hearing examiner shall hold an open record public hearing in
compliance with KCC 12.01.160 on any subdivision preliminary plat within
one hundred (100) calendar days of planning services' determination of a
complete application in compliance with, and subject to, the requirements
of KCC 12.01.100 and 12.01.110.
B. A record of the public hearing shall be kept by the city and shall be
open to public inspection.
Sec. 12.O4.18O. Approval criteria.
Amend KCC 72.07, !2.O4, 75.02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
90
A. A proposed subdivision or short subdivision and dedication shall not
be 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. Protection of environmentally sensitive lands and
habitat;
c Potable water supplies;
d. Sanitary wastes;
e. Other public utilities and services, as deemed necessary;
f. Stormwater facilities and conveyance systems;
g. Open spaces;
h. Community parks and recreation;
i. Neighborhood tot lots and recreation areas;
j. Schools and school grounds;
k. Transit stops;
Amend KCC 72.07, 72.O+ 75.02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
91
l. Connectivity of streets, alleyways, and other private and
public ways for vehicular and pedestrian circulation and access in and
between subdivisions and neighborhoods, where feasible;
m, Connectivity of sidewalks, pedestrian pathways, traffic
calming features and devices, and other features that assure safe 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;
n. In single-family residential zoning districts, building lots
and street access configured to support the construction of homes with
diminished garage doors such that no less than fifty (50) percent of the new
lots will support construction of and access to a garage in the rear portion
of the lot accessed via a common driveway between lots; or a side access
garage; or a garage accessed via a rear alley; or a garage set back no less
than ten (10) feet from the front facade of the home; or other design
strategies which similarly diminish the prominence of the garage and are
approved by the planning manager. Lots and streets shall be configured such
that at least two (2) of these options are supported in each new
development;
o. In single-family residential zoning districts, landscape
buffering along all frontage streets of the subdivision that do not provide the
new lots with direct vehicular access;
2. The city has considered all other relevant facts; and
Amend KCC 72.07, 72.04,75.02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
92
3. 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 subdivfbion 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.
Sec. 12.O4.185. Decision on preliminary short subdivisions.
A. The decision of the planning director shall
be made ing following the oublic
rnmmpnf nerind anrl rnrnnlafinn nf cfaff rarriaur
B. The city shall make written findings on the short subdivision approval
criteria. The applicant, owner, and all parties of record shall be notified in
writing of the decision and shall be provided
Amend KCC 72.07, 12.04, 75.02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
93
with a copy of the planning director's€mffiit+ee+ findings addressing its
reasons for approval or denial.
C. The may approve,
approve with modifications and conditions, or deny the application for a
short subdivision.
D. If modifications are deemed necessary by the sh€rb-subdivisi€ft
, 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
approved with conditions be reopened by the
if it is found by and the applicant that new
information has come to light that might modify the previous short
subdivision decision
F. In case of a denial by the
director, any appeal made shall be to the hearing examiner in accordance
with KCC L2.04.190. New information may be presented during hearing
examiner consideration of the appeal.
Sec. 12.O4.190. Appeal of
planninq director decision. The decision of the sh€r+-€ubd+yi€+ola
shall be final, unless an appeal by a party of
record is made to the hearing examiner within fourteen (14) calendar days
after the decision. The
appeal shall be in writing and shall be processed pursuant to Chs. 2.32 and
Amend KCC 72.07, 72.04,75.02,
75,04, and 75.O8.O35, and 75.09
Re: Process and Procedures
94
t2.OI KCC. The decision of the hearing examiner shall represent final action
of the city and is appealable only to the superior court.
Sec. 12.O4.L92. Decision on preliminary subdivision.
A. The hearing examiner may approve, approve with modifications and
conditions, or deny the application for a subdivision.
B. The final decision of the hearing examiner shall be rendered within
ten ( 10) working days following the conclusion of all testimony and hearings,
unless a longer period is mutually agreed to on the record by the applicant
and the hearing examiner.
C. The city shall provide a written notice of decision by the hearing
examiner. The notice of decision shall be provided to the parties of record
and to any person who requested notice of the decision prior to the decision
and shall include findings and conclusions, based on the record and approval
criteria, to support the decision.
D. A party of record may make a written request for reconsideration of
the decision by the hearing examiner within five (5) working days of the
date the decision is rendered, pursuant to KCC L2.0L.160(F).
Sec. 12.04.193. City council closed record appeal. Repealed by
Ord. No. 4044.
Sec. 12.O4.195. Appeal to superior court. The decision of the
hearing examiner is final for short subdivisions and subdivisions unless it is
appealed to the superior court. Such appeal must be filed with the superior
Amend KCC 72,07, 72.04, 75.02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
95
court within twenty-one (21) calendar days from the date the decision was
issued.
Sec. 12.O4.2OO. Property annexed to city with preliminary plat
approval from King County.
A. In instances where propefty annexed to the city has received
subdivision or short subdivision preliminary approval from King County prior
to annexation, planning services, public works department, fire department,
and 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, stormwater 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 County need not
comply with the requirements of KCC Title 15, Zoning, or the design 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.
Amend KCC 72.07, 72.04, 75.02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
96
D. The procedures for subdivision or short subdivision final plats shall be
those county procedures and regulations in effect at the time of vesting of
the preliminary application in the county.
Sec. 12.O4.2O5. Installation of improvements or bonding in
lieu of improvements.
A. The following tangible improvements shall be required before a final
plat or final short plat is recorded:
1. Construction and subsequent acceptance by the city of all
public and private improvements as required by the conditions of approval;
2. All improvements are to be made pursuant to specifications and
standards of city code, approved by the public works department and in
accordance with the current edition of the design and construction standards
of the city.
B. The public works department shall be responsible for the supervision,
inspection, and acceptance of all subdivision improvements and shall charge
the subdivider a fee that has been assessed in accordance with KCC
6.03.010 as enacted, subsequently amended, or replaced.
C. Prior to proceeding with subdivision or short subdivision
improvements, the subdivider shall make application for such permits from
the city as are required. The applicant is also responsible for complying with
all permit requirements of other federal, state, and local agencies.
Amend KCC 72.07, 12,04, 75.02,
75,O+ and 75.O8.O35, and 15.09
Re: Process and Procedures
97
D. No plat or short plat shall be recorded until all improvements are
constructed in a satisfactory manner and approved by the responsible
departments or a bond approved by the city has been posted for deferred
improvements. If a developer wishes to defer ceftain improvements, written
application shall be made to the public works department and planning
services stating the reasons why such delay is necessary. If the deferment
is approved, the developer shall furnish a bond or assignment of funds to
the city in an amount equal to a minimum of one hundred fifty (150) percent
of the estimated cost of all required public and private improvements
remaining to be constructed. The decision of the public works director and
planning manager, or respective designees, as to the amount of such bond
shall be final. Such bond shall list the work that shall be performed by the
developer and shall specify that all of the deferred improvements be
completed within one (1) year after recording of the subdivision or short
subdivision. The bond shall be held by the public works department, The
developer may substitute a certified or cashier's check or assignment of
funds in lieu of a bond. Such check or assignment shall be 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 public works director, an assignment of
funds may be required for all or a portion of the bond amount.
E. The city reserves the right, in addition to all other remedies available
to it by law, to proceed against such bond or other payment in lieu thereof.
In case of any suit or action to enforce any provisions of this chapter, the
developer shall pay the city all costs incidental to such litigation including
reasonable attorney's fees. The applicant shall enter into an agreement with
the city requiring payment of such attorney's fees. The requirement of the
posting of any performance bond or other security shall be binding on the
applicant, and the applicant'shis heirs, successors, and assigns.
Amend KCC 72.07, 72.04, 75,02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
98
F. The public works department shall notify planning services verifying
that the developer has completed the required installations and/or bonding
in accordance with the provisions of this chapter and the specifications and
standards of the departments, Planning services shall notify the developer
advising him to proceed with recordation of the short plat or final plat when
the required improvements have been installed and approved or adequate
security has been posted as provided in subsection (D) of this section.
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 Chapters 58.09 and 58.17 RCW
and Chapter 332-130 WAC. The original drawing shall be in black ink with
original signatures. The final plat or final short plat shall contain or be
accompanied bv all the information required bv the aoplication form. on
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 mytarmeB;
Amend KCC 72.07, 12.04,75.02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
99
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 theri'r 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;
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 company, produced no more
than 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
Amend KCC 72.07, 72.O+ 75.02,
75,04, and 75.O8.O35, and 15.09
Re: Process and Procedures
100
short plat, subdivision, short subdivision, or dedication and that lists all liens
and encumbrances. The legal description in the title 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
tosigningthefinalplatorfinalshortplatbythe
@;
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;
8.
assessor;
Certification of approval to be signed by the King County
9.
recorder;
Certification of approval to be signed by the King County
10. Certificate of approval by the ivisien
;
11. Copies of any bylaws for a homeowners'association, if created;
L2. Approved printed computer lot closure on all lots, alleys, and
boundaries.
Amend KCC 72.07, 72.04,75,02,
75,04, and 75.O8.O35, and 75.09
Re,' Process and Procedures
101
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
depaftment. 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.
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 when the
plat is determined to be in compliance with all applicable short subdivision
requirements.
Amend KCC 72.07, 72.O+ 75.02,
75,04, and 75.O8.O35, and 75.09
Re: Process and Procedures
LO2
H. After all final plat conditions for a subdivision have been met, it shall
be signed by the city engineer, city finance director, and planning director.
I. An approved final plat or short plat shall be filed for record with King
County and shall not be deemed approved until filed,
J. A conformed copy of the recorded plat or short plat shall be filed with
planning services and the public works department.
Sec. 12.O4.2L5. Short subdivision preliminary plat expiration.
Short subdivision preliminary plat approval shall lapse four (4) years from
the date of preliminary plat approval unless a final plat based on the
preliminary plat has been reviewed and approved by the city and recorded
with King County. wis+en
inanee
+me
@
Sec. L2.O4.22O. Limitations on further subdivision of short
subdivisions. Any land subdivided under the requirements for a short
subdivision shall not be further divided for a period of five (5) years without
following the procedures for subdivisions, except that when the short
subdivision contains fewer than nine (9) parcels, nothing in this section shall
prevent the owner who filed the short subdivision from filing an alteration
within the five (5) year period to create up to a total of nine (9) lots within
the original short subdivision boundaries,
Amend KCC 72.07, 72.04, 75.02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
103
Sec. 12.O4.22L. Subdivision preliminary plat expiration.
A. Subdivision preliminary plat approval shall remain valid for that period
of time specified in Chapter 58.17 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 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.
Sec. 12.O4.223. Time limitation for aooroval or disapproval of
oreliminarv and final olats and short olats. ffi
+im+p+at.
A. Preliminarv Plats and short. plats. Preliminarv olats shall be approved
disapproved. or returned to the apolicant for modification or correction
within ninetv davs from date of filing in accordance with RCW 58.17.140(1)
rrnlacc tha rnnlinrnf anneanlc in rn arzfancinn nf crrnh firna narinrl nr fha
ninety day limitation is extended to include up to twentv-one davs as
Amend KCC 72.07, 72,04, 75.02,
75.O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
to4
soecified under RCW 58.17.095(3), orovided. that if an environmental
impact statement is required as provided in RCW 43.2lC.030, the ninetv
dav period shall not include the time spent oreparing and circulating the
environmental impact statement bv the city.
B. Final plats and short plats. Pursuant to RCW 58.L7.L4O(2), tThe
planning director shall approve, disapprove, or return the final plat_or shoft
olat to the applicant for modification and/or correction within 30 calendar
days of the date of the city's determination of acceptance of the final plat or
short plat application, unless the applicant consents to an extension of such
time period.
Sec. 12.O4.225. Subdivision final plat expiration. If a final plat
has not been submitted for recording within six months after approval by
the planning director, the plat shall expire and be null and void. One
extension of no longer than six months may be granted by the planning
director. To revitalize a plat that has expired under this section, the plat
shall be resubmitted as a preliminary plat.
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 t2.04.23O, 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 pursuant to RCW 58.17.215 shall contain the
signatures of allthe maiority of thorc persons having an ownership interest
Amend KCC 72.07, 12.04, 75.02,
75,O+ and 75,O8,O35, and 75.09
Re,' Process and Procedures
105
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 substantially change the basic design, increase the number of lots,
substantially decrease open space, substantially change conditions of
subdivision or short subdivision approval, substantially change access
points, 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 not alter the vesting or validity
period of the originally approved subdivision or short subdivision.
C. If the subdivision or shoft 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 shoft
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*hofta{a+alteration
shall require @of the
hearing examiner for subdivisions after public notice and
a public mee+ng€Fhearing is held. A major short plat alteration shall reouire
Amend KCC 72.07, 72.04, 75.02,
75.04, and 75,O8.O35, and 75.O9
Re: Process and Procedures
106
aporoval of the olanning director following public notice. 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 shal/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 the
he planning director
for subdivisions or shoft 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.{-he+etiee-shaH
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
planning director for subdivisions or short 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 propefty within the subdivision or shoft
subdivision, all parties of record, and as was required by the subdivision or
Amend RCC 72.07, 72.04,75.02,
75.O+ and 75.O8.O35, and 75,09
Re: Process and Procedures
LO7
short subdivision plat application. The netiee shall establish a date fer a
@inft
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 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,
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.
Sec. L2.O4.23O, Procedure for vacation of a subdivision or
short subdivision.
A. Whenever an applicant wishes to vacate a subdivision or short
subdivision or any portion thereof, that person shall file an application for
vacation with planning services. The application shall set forth the reasons
Amend KCC 72.07, 72,04,75.02,
75.04, and 75.O8.O35, and 75.O9
Re: Process and Procedures
108
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 development is subject to restrictive covenants which were filed
at the time of the approval, and the application for vacation would result in
a violation of a covenant, the application shall contain an agreement signed
by all pafties 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 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.
D. Planning services shall give notice to all owners of property within the
subdivision or short subdivision,
all property owners within three
hundred (300) feet of subdivision or short subdivision boundaries, and to all
applicable agencies. The shall
conducta@inthecaseofshortsubdivisionsandthe
hearing 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 fora vacation if the request
involves a public dedication. The application for vacation of a subdivision or
short subdivision may be approved or denied after the city has determined
the public use and interest to be served by the vacation. If any portion of
Amend KCC 72.07, ,2,O4, 75.02,
75.04, and 75,O8.O35, and 15.09
Re: Process and Procedures
109
the land contained in the proposed 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 subdivision or short
subdivision and is part of the boundary of the subdivision or short
subdivision, title to the vacated road or street shall vest with the owner or
owners of property contained within the vacated subdivision,
F. This section shall not be construed as applying to the vacation of any
plat or short plat of state-granted shore lands.
Sec. 12.O4.235. Standards for the subdivision of land and any
dedications.
A. Applications for subdivisions, short subdivisions, and binding site
plans may be approved, approved with conditions, or denied in accordance
with the following adopted city, county, and state rules, regulations, plans,
and policies including but not limited to:
1 Chapter 58.17 RCW (subdivisions);
Amend KCC 72.07, 72.04,75.02,
75,O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
110
2. Chapter 43.2LC RCW (SEPA);
3. KCC Title 6 (Public Works);
4. KCC Title 7 (Utilities);
5. KCC Title 11 (Environmental Management);
6. KCC Title 13 (Fire Prevention and Protection);
7. KCC Title 12 (Planning and Land Development);
8. KCC Title 15 (Zoning);
9. City of Kent comprehensive plan;
10. King County board of health rules and regulations.
B. All improvements shall be constructed in accordance with the city's
design and construction standards as hereinafter amended.
Sec. 12.O4,240. Connectivity. The following goals and criteria
listed below shall be considered by the public works department and
planning services in evaluating connectivity:
A. Increase through-connections to adjacent subdivisions and activity
centers.
Amend KCC 72.O7t 72,04,75.02,
75.O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
111
1, Subdivision streets should connect through to serve adjacent
properties except where impractical.
2. Cul-de-sac streets of the subject subdivision should provide
pedestrian/bicycle pathway(s) from bulb-ends to neighboring subdivision(s)
streets or other adjacent activity centers.
3. Subdivisions should provide continuous sidewalks on both sides
of streets fronting developed lots and connect to other streets.
B. Provide streetscaping improvements.
1. Vehicular traffic calming elements should be included in the
subdivision.
2. Planting strips and medians should be included in the
subdivision.
3, Neighborhood identity elements such as entry monument-
signs, medians, and pavement textures should be included in the
subdivision.
Sec, 12.O4.243. Traffic calming.
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.
Amend KCC 72.07, 72,04,75.02,
75.O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
7L2
B. 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 design 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.
C. Mid-block chokers are required on blocks greater than five hundred
(500) feet in length, unless otherwise determined by the public works
department.
D. Other traffic calming designs and improvements may be determined
appropriate as remedial options by the public works department, in
consultation with the planning services office and fire prevention division.
These options include, but are not limited to:
1. Traffic circles;
2. Chokers;
3. Chicanes; and
4. Speed humps
Sec. 12.O4.245. Exterior street buffering. 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 street that does not provide direct vehicular
Amend KCC 72.07, 72,04, 75.02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
113
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 subdivision or short subdivision lots and shalf 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 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.
Sec. 12.O4.25O. Lots. Insofar as practical, side lot lines shall be at
right angles to street lines or radial to curved street and cul-de-sac lines.
Each lot must access a street, public or private. The size, shape, and
orientation of lots shall meet the minimum grea 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 private access
tracts or easements shall have minimum radii of fifteen (15) feet.
Sec. 12.04.260 Zero lot line subdivisions and short
subdivisions.
A. Zero lot line subdivisions and short subdivisions shall be subject to
the development standards outlined in KCC 15.08.320 and 15.08.330. These
standards include minimum lot size, width, depth, etc.
Amend KCC 72.07, 72.04,75.02,
75.04, and 75.O8.O35, and ts,Og
Re: Process and Procedures
L14
B, The regulations of KCC t2.04.235 through L2.O4.25O shall apply to
zero lot line subdivisions unless specifically modified in the conditions of
preliminary approval.
Sec. 12.O4.263. Clustering in urban separators.
A. All subdivisions 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 paftially within 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, cluster
subdivisions and short subdivisions shall be subject to the SR-8 zoning
district 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 L2.O4.235 through t2.O4.250, as well as other
applicable portions of this chapter, shall apply unless specifically exempted.
In addition, the following standards shall apply to clustered 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
shall include only single-family residential uses.
Amend KCC 72,07, 72.04,75.02,
75.04, and 75.O8.O35, and 75,09
Ret Process and Procedures
115
3. Minimum area. No minimum area is established for a cluster
residentia I development.
4. Permitted density. The maximum number of dwelling units
permitted in 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 it is located.
5. Lot size. The minimum lot size of individual building lots within
a cluster subdivision or shoft 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 (120) 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, lot width, and density shall be the same as are required within
the SR-8 zoning district,
8. 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
Amend KCC 72.07, 72.04, 75,02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
116
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 (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 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 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.
Sec. 12.O4.264, Clustering in residential zones outside urban
separators.
Amend KCC 72.07, 72.04, r5.O2,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
IL7
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.
C. Cluster subdivisions or short subdivisions shall be subject to the
development standards outlined in KCC Title 15, unless otherwise modified
by this chapter. These standards include, but are not limited to, minimum
lot size, width, yards, setbacks, parking, landscaping, and signage,
D. The provisions of KCC 12.04.235 through L2.O4.250, as well as other
applicable portions of this chapter, shall apply unless specifically exempted.
In addition, the following standards shall apply to clustered TyeF+
subdivisions or short subdivisions:
1. Location. The cluster residential development may be allowed
in SR-1, SR-3, SR-4.5, SR-6, and SR-8 zoning districts outside of urban
separators.
Amend KCC 72.07, 72.04, !5.O2,
75,04, and 75.O8.O35, and 75.09
Re: Process and Procedures
118
2. Permitted uses. The cluster residential development option
shall include only single-family residential uses, as defined in KCC
15.02.115.
3. Minimum area. No minimum area is established for a cluster
residential development.
4. Permitted density. The maximum number of dwelling units
permitted in 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 it is located.
5. Lot size.In the interest of encouraging flexibility in site design
and the preservation of open space, the minimum lot size of individual
building lots within a cluster subdivision or short subdivision in single-family
residential zoning districts may be reduced by twenty-five (25) percent of
the minimum lot size for the underlying zoning district.
6. Lot width. The minimum lot width for individual building lots in
a cluster subdivision or short subdivision shall be thirty (30) feet. A shared
driveway easement may be included in the minimum lot width of irregular
lots, provided the total driveway width is no less than sixteen (16) feet and
no longer than one hundred fifty (150) feet unless otherwise required by the
fire and public works departments.
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
Amend KCC 72.07, 72.04, ,5.O2,
75.04, and 75.O8.O35, and 75,09
Re: Process and Procedures
119
is required for cluster development projects using the review criteria in KCC
15.09.045(D), Multifamily design review.
8. 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
cbmpatible with the existing land use or property that abuts or is 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
Amend KCC 72.O7t 72.04, 75.02,
75.O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
r20
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 provided
throughout the site by the use of varied materials, architectural detailing,
building scale, and orientation. I
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 short
subdivisions shall be a minimum of twenty-five (25) percent of the entire
parcel, whether or not the parcel is constrained by critical areas and their
associated buffers,
b. Parking areas, public rights-of-way, maneuvering areas,
streets, 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.
Amend KCC 72.07, 72.O+ 75,02,
75.O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
t27
d. All natural features (such as significant stands of trees
and rock outcroppings) as well as 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.
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.
Article III. Binding Site Plans
Sec. 12.O4.8OO 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
Amend KCC 72.07, 72.04,75.02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
t22
not authorize construction, improvements, or changes to the propefty or the
uses thereon.
Sec. 12.O4.8O5 Binding site plan @.
A.Abindingsiteplanshallbeconsideredbythecity'sffi-"+aft
.Planningservicesshalldistributecopiesofthe
application for binding site plan approval to each
an+deoartment ancl to other appropriate agencies for review and comment,
and provide public notice if required by KCC 12.01.140.
K€€' The meeting shall be epen te the publie, Netiee ef the Bublie meeting
ffieensistent with the requirements ef K€C 12:01:145; The
fir-t meeting er en a date mutually ag'eed uBen by the applieant and the
€effimitt€e
€' Three (3) of the five (5) mernbers of the bi.nding site plan eommittee
must be Bresent in order fer the eornmittee te take any aetien,
DE. The may approve,
approve with conditions or modifications, or deny the application. The
shall not impose any conditions which are
inconsistent with prior land use approvals of the development covered by
Amend KCC 72.07, 72,04,75.02,
75.04, and 75,O8.O35, and 75.09
Re: Process and Procedures
I23
this application, The decision of the eemmittee director shall be made at+he
after the close of the oublic comment oeriod- if
required.
Ee. As a condition of approval of the binding site plan, the b+ndingrsite
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.O4.81O. Appeal. The decision of the bindingr+itettan
shall be final, unless an appeal by any
aggrieved party is made to the hearing examiner within fourteen (14)
calendar days after the eemrnitteels olanning director's decision, The appeal
shall be in writing to the hearing examiner and filed with planning services.
Any appeal shall be consistent with KCC 12.01.190, Open record appeal.
Sec. 12.04.815. Applicability for commercial and industrial
sites.
A.
and
The subject site shall consist of one (1) or more legally created lots;
B. The property must be zoned commercial and/or industrial
Sec. 12.O4.820. Application requirements for commercial and
industrial sites. All of the fulte+vingrinformation required bv the application
Amend KCC 72.07, 72.04, 75.02,
75.04, and 75.O8,O35, and 75.09
Re: Process and Procedures
t24
form shall be included in any application for binding site plan approval for
commercial and industrial 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.
setbacks;
Proposed and existing structures including floor areas and
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 streets to serve each loU
Amend KCC 72.07,72.O+ 75.02,
75,04, and 75.O8.O35, and 75.09
Re: Process and Procedures
725
8. Expected location of new buildings and driveways;
9. Certificate of water and/or sewer availability, if not served by
the city of Kent;
10. Parking calculations to demonstrate that the requirements of
Ch. 15.05 KCC have been met;
11. The following code data: zoning district; total lot area; total
building area; percent of site coverage; total parking and vehicle
maneuvering areas;
L2. 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;
L4. 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.
Amend KCC 72.07, 72.04,75.02,
75.O+ and 75,O8.O35, and 75,09
Re: Process and Procedures
L26
B. A 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.
E. A complete environmental checklist, if required by Ch. 11.03 KCC
F. Copies of all easements, covenants, and other encumbrances
restricting the use of the site.
Sec. 12.O4.825 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 domestic water
supply, sanitary sewer, stormwater facilities and conveyance systems,
private and/or public streets, pedestrian access, vehicle access and
maneuvering, public and private utilities, and other public needs;
2. Each lot shall provide access to a public street and make
provisions for connectivity of alleys, pedestrian access ways, and other
public ways;
Amend KCC 72,O7r 72.04,75.02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
L27
3. The binding site plan complies with, or makes adequate
provisions to comply with, applicable provisions of the building code, fire
code, public works design 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 improvemenfs. 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.
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 King County 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 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.
Amend KCC 72.07, 72.04, 75.02,
75.04, and 75.O8.O35, and 75,09
Re: Process and Procedures
L2B
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 ma+agerltre.Elor 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 chooses
to develop the property in a phased development, the applicant must
execute a development agreement with the city pursuant to KCC 15.08.450.
Sec. 12.O4.83O. Final binding site plan for commercial and
industrial sites. Filing of the final binding site plan for commercial and
industrial sites shall conform to the requirements set forth in KCC L2.O4.2LO,
Filing the final plat,
Sec. 12.O4.835. 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 plan for which the permit
will be issued shall be installed. Improvements may include, but are not
limited to, 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 L2.04.2O5(D), with
approval of the public works director.
Amend KCC 72.07, 72.04, 15.02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
r29
Sec. 12.O4.A4O. Modifications for commercial and industrial
sites.
A. If an applicant wishes to alter a binding site plan for commercial and
industrial sites or any poftion thereof, that person shall submit an application
to planning services 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 plan or in that portion of
the binding site plan to be altered. The planning rna*ageeg[reclor 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.
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
approvedwithconsentoftheplanning@andthepublic
works director. A major alteration shall require consent of the brftdintrite
, after public notice @is
hetdorovided. 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.
Amend KCC 72.07,72.O4r 75.02,
,.5.O4, and 75.O8,O35, and 75.09
Re: Process and Procedures
130
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 bindingrsiteptan
, after public notice @is
hetdprovieleel. 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
beamajoralteration,thentheplanning@shallrequirethe
binding site plan be vacated per KCC t2.O4.230 and 12.04.845 and a new
application for a binding site plan shall be submitted.
E. The 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
planning director shall order the applicant to produce a revised drawing of
the approved alteration of the binding site plan, which after signature of the
ehair ef the binding site plan eemmitteel.lanning director, shall be filed with
King County to become the lawful binding site plan of the property.
Sec. 12.O4.845. Vacation for commercial and industrial sites.
A binding site plan may be vacated as a whole only. Vacating a binding site
Amend KCC 72.07,72.04, 75.02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
131
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 mat+ag€FdjreELor 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
pla n n in g managerdl reglqf .
Sec. 12.O4.85O. Vesting for commercial and industrial sites. A
binding site plan application shall be considered under the zoning and other
land use 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 a portion of the parcel or tract can be subjected to either Chapter
64.32 or 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.
Amend KCC 72.07, 72.04, 75.02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
L32
Sec. 12.04.86O. Application requirements for condominium
sites
A. An application for a binding site plan 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
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-fo ur (24) 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
pedestrian walkways; and existing and proposed open space area.
Amend KCC 72.07, 72.04, 75.02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
133
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, Iocation and size of parking areas and number
of stalls.
e. Following zoning code data:
i. Zoning district;
ii. Total lot area (square feet);
iii. Total building area (square feet);
iv. Percent of site coverage;
v Number of units proposed;
vi. Total number of parking stalls (include
handicapped);
vii. Total parking and maneuvering area (square
feet);
Amend KCC 72.07, 72.O+ 75.02,
75,04, and 75.O8.O35, and 75.09
Re: Process and Procedures
L34
viii. Required landscaping (square feet);
ix. Percent of lot in open space;
x. Type of construction;
xi. Sprinklered-nonsprinklered;
xii. 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.
I
6. Contain the statement:
Any building permit required to develop any portion of the property shall not
be issued until the streets and utilities necessary to serve that portion of this
property have been constructed and installed or until arrangements
Amend KCC 12,07, 72.04,75.02,
75.04, and 75.O8.O35, and 75.09
Ret Process and Procedures
135
acceptable to the city have been made to ensure that the construction and
installation of such streets and utilities will be accomplished.
C. The application shall be accompanied by a current title report
produced no more than forty-five (a5) 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
met:
A. 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 and
maneuvering, public and private utilities, and other public needs according
to the design and construction standards of the public works department;
B. Comply with all building code requirements;
C. Comply with all zoning code requirements and development
standards; and
D. 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.O4.A7O. Enforcement. Any violation of the conditions of
approval, limitations on development, or the requirements of development
Amend KCC 72.07,72.04, 75,02,
75.O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
136
imposed as part of a binding site plan approval shall be subject to the
enforcement proceedings and penalties established for violation of Chapter
58.17 RCW and Ch. 12.04 KCC.
Sec. 12.O4.A75 Final binding site plan 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:
A. It must be a reproducible map
drawn to a scale of not less than one (1) inch equals one hundred (100)
feet. Graphic scale and north point must be on the map;
B. Size eighteen (18) inches by twenty-four (24) inches;
C, Legal description of the total parcel shall be shown on the final binding
site plan;
D. 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 0n the final
binding site plan;
E. Ceftificate of approval by the
shallbeprovidedonthefinalbindingsiteplan;
and
F. The face of the final binding site plan must be signed by all owners of
the property.
Amend KCC 72,07, 72.04, 75.02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
L37
Sec. 12.O4.877. Filing the binding site plan for condominiums.
The binding site plan must be signed by the planninq director+a+rman-€f
. An approved binding site plan shall be filed
for record with King County and shall not be deemed approved until so filed.
Copies of the approved binding site plans shall be filed with planning
services, city clerk's office, and depaftment of public works.
Sec. 12.O4.88O 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 planning services prior to the six (6) month expiration date.
Sec. 12.O4.885 Modifications for condominium sites.
A. An approved binding site plan may be amended by filing a request for
such an amendment with planning services. Planning services 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 Blan eemmitteenlanning director, unless the ffi
sets forth other guidelines for approval of minor modifications.
B. If approved by the , the
amendment shall be set forth in writing and filed in accordance with the Kent
City Code, and recorded with King County.
Amend KCC 72,07, 72.04,75.02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
138
Article IV. Lot Line Adjustments
Sec. 12.O4.9OO. 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 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 code
requirements.
Sec, 12.O4.9O5 Scope. A lot line adjustment shall allow property
owners to alter, eliminate, or relocate lot lines to correct 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 additional lots, parcels, or
tracts. 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.O4.910. Preliminary consultation with staff. Any person
who desires to change the location of a lot line on land in the city should
consult with 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
Amend KCC 72,07, 72,04,75.02,
75.O+ and 75.O8.O35, and 75,09
Re: Process and Procedures
139
of relocating the lot line in relation to structures and easements and any
applicable engineering requirements of this chapter.
Sec. L2.O4.9L5 Application procedures, Lot line adjustment
applications shall be submitted on the forms supplied and in the number of
copies prescribed by planning services, and shall include the following:
A. A legible fldp, drawn to an appropriate decimal scale on a minimum
size eighteen (18) inches bv twenty-four (24) inch ffi
sheet of paper showing all of the information
required by the application form;
B. 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;
C. A current title report produced no more than forty-five (45) calendar
days prior to lot line adjustment application;
D. A copy of the existing legal description for all parcels; and
E. Legal descriptions of the proposed new lots.
Amend KCC 72.07,72.04, 75.02,
75.04, and 15.O8.O35, and 75.09
Re: Process and Procedures
L40
Sec. 12.O4.920. Principles of acceptability. Lot line adjustments
shall be consistent with the following principles of acceptability:
A. Adjust lot lines to eliminate a common lot fhe 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
accurate survey data; and to allow a minor transfer of land between adjacent
parcels;
B. Create better lot design, or improve access;
C. Conform to applicable zoning, subdivision, and other code
requirements pertaining to lot design, building location, and development
standards;
D. Shall not create an additional lot, parcel, or tract;
E. Lots created or combined for tax purposes do not constitute a legal
lot of record;
F. If a lot line adjustment is used to facilitate the development of the
remaining property by segregating an existing house, that parcel shall be
subject to the same design and construction standards as the development.
Sec. 12.O4.93O. 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
Amend KCC 72.07, 72.04,75.02,
75,O+ and 75.O8.O35, and 75,09
Re: Process and Procedures
L4L
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.O4.935 Referral of application.
A. Within seven (7) calendar days of accepting a complete application,
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 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 planning services 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.O4.940. Approval criteria.
A. A proposed lot line adjustment shall not be approved unless the city
finds that:
1. Appropriate provisions have been made for:
Amend KCC 72.07, 72,04,75.02,
75,04, and 75,O8.O35, and 75.09
Re: Process and Procedures
t42
a.
property lines;
Setbacks from existing buildings to proposed new
b. Existing and proposed utilities and utility easements;
c. Existing and proposed access to the parcels, adjacent
streets, and access easements;
d
requirements;
Lot dimension and area conforming to city code
e. Location of onsite parking, landscaping, and other
significant site features affected by the proposed new property lines;
f.
community; and
The public health, safety, and general welfare of the
g. Protection of critical areas and habitat as required by Ch.
11.06 KCC;
2. The city has considered all other relevant facts;
3. The public use and interest will be served by the adjustment of
such property lines;
4. The lot line adjustment is consistent with the principles of
acceptability per KCC 12.04,920; and
Amend KCC 72.07, 72,04,75.02,
75.O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
t43
5. New legal descriptions are consistent with the minimum
standard requirements specified in WAC 332-130-040.
Sec. 12.O4.945. Decision on lot line adjustments.
A, Planning services 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 affected agencies,
The planning directormaragren may approve, approve with modifications, or
deny the application for a lot line adjustment. If approved, all copies of the
lotlineadjustmentmapshallbeffisignedanddated
by the planning directormana€er. The applicant shall be notified in writing
of the decision. Additional copies of the approval notification and map shall
be distributed to King County and to the public works department.
B. If modifications are deemed necessary by the planning
directormanagrer, they may be added to the original lot line adjustment 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.O4.95O Appeal of decision on lot line adjustments. The
decisionoftheplanning@shallbefinal,unlessanappealis
made by the aggrieved party of record to the hearing examiner within
fourteen (14) calendar days after the written decision, The appeal shall be
Amend KCC 72.07, 72.O+ 75.02,
75.O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
r44
in writing and shall be processed pursuant to Ch. 2.32 and 12.01 KCC. The
decision of the hearing examiner shall represent final action of the city and
is appealable only to superior court.
Sec. 12.O4.955 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 King County. 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 title. If the title to an area of
land is changing ownership, separate deeds to this effect must be recorded
with King County.
SECTION 3. - New Section A new Section L5.O2.257.4 of the Kent
City Code, entitled "Minor conditional use," is hereby enacted as follows:
Sec. 15.O2.257.4. Minor Conditional Use. Minor Conditional Use
means a use permitted in a zoning district only after review and approval by
the planning director. Minor conditional uses are such that they may be
compatible only on certain conditions in specific locations in a zoning district,
or if the site is regulated in a certain manner.
SECTION 4. - Amendment. Section 15.04.010 of the Kent City Code
entitled "Interpretation of land use tables" is amended as follows:
Amend KCC 72.07, 72.04, 75.02,
75.04, and 75,O8.O35, and 75.09
Re: Process and Procedures
L45
Sec. 15.04.O1O. Interpretation of land use tables
A. Land use tables. The land use tables in KCC 15.04.020 through
15.04.140 determine whether a specific use is allowed in a zoning district.
The zoning districts are located in the vertical columns and the land uses are
located on the horizontal rows of these tables, A purpose statement for
each zoning district is included in Chapter 15.03 KCC.
B. Principally permitted uses. If the letter "P" appears in the box at the
intersection of the column and the row, the use is permitted in
that zoning district subject to the review procedures specified in
Chapter 15.09 KCC, the development conditions following the
land use table, and any requirements of an overlay zone and the general
requirements of the code.
C. Special uses, If the letter "S" appears in the box at the intersection
of the column and the row, the use is permitted in that zoning district
subject to the review procedures specified in Chapter 15.09 KCC, the
development conditions following the land use table, the development
standards stated in KCC 15.08.020, dry requirements of an overlay zone
and the general requirements of the code.
D. Conditional uses. If the letter "C" appears in the box at the
intersection of the column and the row, the use is permitted in
that zoning district subject to the review procedures specified in
Chapter 15.09 KCC, the development conditions following the
land use table, the review criteria stated in KCC 15.09.030, any
requirements of an overlay zone and the general requirements of the code.
Amend KCC 72,07,72.O+ 75.02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
r46
E Minnr ranAifianzl ttcac Tf l.ha r \Mtt tnhatrc in fha hnv rf fha
intersection of the column and the row, the use is permitted in
that zoning district subject to the review procedures soecified in
Chaoter 15.09 KCC. the development conditions following the
land use table, the review criteria stated in KCC 15.09.032. anv
reouirements of an overlav zone and the general requirements of the code.
F. Accessory uses. If the letter "A" appears in the box at the intersection
of the column and the row, the use is permitted in that zoning district
subject to the review procedures specified in Chapter 15.09 KCC, the
development conditions following the land use table and any requirements
of an overlay zone and the general requirements of the code.
GF, Development conditions. If a number appears next to the land use or
in the box at the intersection of the column and the row, the use may be
allowed subject to the appropriate review process indicated above, the
general requirements of the code, and the specific conditions indicated in
the development condition with the corresponding number in the section
immediately following each land use table.
CH. Multiple development conditions. If more than one letter-number
combination appears in the box at the intersection of the column and the
row, the use is allowed in that zone subject to different sets of limitations
or conditions depending on the review process indicated by the letter, the
general requirements of the code, and the specific conditions indicated in
the development condition with the corresponding number immediately
following the table.
HI. Overlay zones. Overlay districts provide policies and regulations in
addition to those in the underlying zoning district. Overlay zones include the
mixed use overlay and the Green River Corridor district.
I47 Amend KCC 72.07, 72.04, 75.02,
75.04, and 75,O8.O35, and 75.09
Re: Process and Procedures
IJ. Applicable requiremenfs. All applicable requirements shall govern
a use whether or not they are cross-referenced in a section.
JK. Interpretation of other uses. Any other unnamed use shall be
permitted if it is determined by the planning manager tp be of the same
general character as the principally permitted uses and i/n accordance with
the stated purpose of the district, per KCC 15.09.065.
SECTION 5, - Amendment. Section 15.04.020 of the Kent City Code
entitled "Residential Land Uses" is amended as follows:
Amend KCC 72.07, 72.O+ 75.02,
75.O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
L48
Sec. 15.O4.O2O. Residential land uses.
Amend KCC 72.O+ 72,04,75.02,
75.04, and 75.O8.O35, and 75.O9
Re.' Process a nd Procedures
Zoning Districts
Key
P = Principally
Permitted Uses
S = Special Uses
C = Conditional
Uses
A = Accessory
Uses
M = Minor
Conditional Uses
o
I &6
(r|
&
1^
utc
&o
lo
&It
o
&q
o
&-
Nr{
&
E
rt
&-
I
&
=
=&
=
&
E
oI
=
L'(Jz I(,Io
utIo
II
=
r{I(J
=
4I-EI II ({m
One single-family
dwelling per lot
P P P P P P P P P P P P P
(1)(1)(1)
One duplex per
lot
P
(27)
P
(27)
P
(27)
P
One modular
home per lot
P P P P P P P P P P P P
Duplexes P
(27)
P
(27)
P
(27)
P
(22)
P P P P P
Multifamily
townhouse units
P
(27)
P
(27)
P
(27)
P
(1s)
(20)
P
(1s)
(20)
P P P P
(2)
P
(4)
€
(5)
P P P P P
(2)
Multifamily
dwellings
P
(26)
P
(26)
P P P P
(2)
P
(4)
(5)
P P P P P
(2)
Mobile homes
and
manufactured
homes
P
Mobile home
parks
P
(13)
P
(13)
P
(13)
P
( 13)
P
(13)
P
(13)
P
Group homes
class I
P
(32)
P
(32)
P
(32)
P
(32\
P
(32)
P
(32)
P
(32\
P
(32)
P
(32\
P
(32)
P
(32)
P
(32)
P
(32)
P
(32)
P
(32)
P
(32)
P
(32)
P
(32)
P
(32)
P
(32)
P
(32)
P
(32)
Group homes
class II-A
c
(32)
c
(32)
c
(32)
c
(32)
c
(32\
c
(32)
c
(32)
c
(32)
c
(32)
c
(32)
c
(32)(32)
c
(32)(32)
c
(32)
Group homes
class II-B
c
(32)
c
(32)
c
(32)
c
(32\
c
(32)
c
(32)
c
(32)
c
(32)
c
(32)
c
(32)
L
(32)
c
(32)
c
(32)
c
(32)
c
(32)
Group homes
class II-C
c
(32)
c
(32)
c
(32)
c
(32)
c
(32)
c
(32)
c
(32)
c
(32)
c
(32)
c
(32)
c
(32)
c
(32)
c
(32)
c
(32)
L
(32)
Group homes
class III
c
(23)
(32)
c
(23)
(32)
c
(23)
(32)
c
(23)
(32)
c
(23)
(32)
c
(23)
(32)
c
(23)
(32)
c
(23)
(32)
c
(23)
(32)
Secure
community
transition
facilities23,24
c
(23)
(24)
c
(23)
(24)
Communal
residences
P
(33)
P
(33)
P
(33)
P
(33)
P
(33)
P
(33)
P
(33)
P
(33)
P
(33)
P
(33)
P
(33)
P
(33)
P
(33)
149
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SECTION 6. - Amendment. Section 15.04.030 of the Kent City Code
entitled "Residential land use development conditions" is amended as
follows:
Sec. 15.O4.O3O. Residential land use development conditions.
1. Dwelling units, limited to not more than one per establishment, for
security or maintenance personnel and their families, when located on the
premises where they are employed in such capacity. No other residential
use shall be permitted.
2. Multifamily residential uses, or other residential facilities where
allowed, are only permissible in a mixed-use overlay and must be included
within a mixed-use development,
3. Assisted living facilities, residential facilities with health care, and
independent senior living facilities, when not combined with commercial or
office uses, require a minor conditional use permit and are subject to the
following conditions:
a. Must be located within one-half mile of publicly accessible
amenities in at least three of the following categories, as determined by the
economic and community development director. The distance shall be
measured as the shortest straight-line distance from the property line of the
proposed facility to the property line of the entities listed below:
i. Public park or trail, as identified in the city's most
recently adopted park and open space plan, or owned or maintained by any
agency of the state, or any political subdivision thereof;
Amend KCC 72.01, 72,04,75.02,
75.O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
t52
ii. Preschool, elementary, ot secondary school (public or
private);
iii. Indoor recreational center (community center, senior
center, physical recreation facility, bingo or casino hall);
iii. Church, religious institution, or other place of worship;
v. Cultural arts center (theater, concert hall, artistic,
cultural, or other similar event center);
vi. Retail services, including, but not limited to: medical
services; food and beverage establishments; shopping centers; or other
commercial services that are relevant (reasonably useful or germane) to the
residents of the proposed facility, as determined by the city's economic and
community development director.
b. Alternatively, if the facility provides amenities in one or more
of the categories listed in subsection (3)(a) of this section on the ground
floor of the facility itself, oriented towards the public (meaning that they are
visible, accessible, and welcoming), the number of other amenities to which
a half-mile proximity is required may be reduced, at the discretion of the
city's economic and community development director.
4. Multifamily residential uses, or other residential facilities where
allowed, when established in buildings with commercial or office uses, and
@ on the ground floor.
Amend KCC 72,07, 72.04, 75.02,
75.04, and 75.O8,O35, and 75.09
Re: Process and Procedures
153
5. Multifamily residential uses, or other residential facilities where
allowed, when not combined with commercial or office uses.
6, Existing dwellings may be rebuilt, repaired, and otherwise changed
for human occupancy. Accessory buildings for existing dwellings may be
constructed subject to the provisions of KCC 15.08.160.
7. Transitional housing facilities, limited to a maximum of 20 residents
at any one time, plus up to four resident staff,
8. Accessory structures composed of at least two walls and a roof, not
including accessory uses or structures customarily appurtenant to
agricultural uses, are subject to the provisions of KCC 15.08.160.
9, Farm dwellings appurtenant to a principal agricultural use for the
housing of farm owners, operators, or employees, but not accommodations
for transient labor.
10. Accessory dwelling units shall not be included in calculating the
maximum density. Accessory dwelling units are allowed only on the same
lot with a principally permitted detached single-family dwelling unit, and are
subject to the provisions of KCC 15.08,160 and 15.08.350.
11. Customary incidental home occupations subject to the provisions of
KCC 15.08.040.
L2. IReserved]
Amend KCC 72.07, 72.04, 75.02,
15.04, and 75.O8.O35, and 75.09
Re,' Process and Procedures
t54
13. Subject to the combining district requirements of the mobile home
park code, Chapter 12.05 KCC.
L4. Accessory living quarters are allowed per the provisions of KCC
15.08.359. ,t
15. IReserved].
16. Recreational vehicle storage is permitted as an accessory use in
accordance with KCC 15.08.080.
17. Accommodations for farm operators and employees, but not
accommodations for transient labor.
18. Other accessory uses and buildings customarily appurtenant to a
permitted use, except for onsite hazardous waste treatment and storage
facilities, which are not permitted in residential zones.
19. The following zoning is required to be in existence on the entire
property to be rezoned at the time of application for a rezone to an MR-T
zone: SR-8, MR-D, MR-G, MR-M, MR-H, NCC, CC, GC, DC, or DCE.
20. All multifamily townhouse developments in an MR-T zone shall be
recorded as townhouses with ownership interest, as defined in KCC
15.02.525.1, prior to approval of a certificate of occupancy by the city.
2L. IReserved].
22. One duplex per lot is permitted
Amend KCC 72.07,72.04, r5.O2,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
155
23. Secure community transition facilities are only permitted within the
boundaries depicted on the following ffidp, and only with a conditional use
permit:
24. A secure community transition facility shall also comply with
applicable state siting and permitting requirements pursuant to Chapter
7L.Og RCW. Secure community transition facilities are not subject to the
siting criteria of KCC 15.08.280 for class III group homes, but they are
subject to a 600-foot separation from any other class II or III group home.
In no case shall a secure community transition facility be sited adjacent to,
immediately across the street or parking lot from, or within the line of sight
of risk-potential activities or facilities in existence at the time a site is listed
for consideration. Within the line of sight means that it is possible to
reasonably visually distinguish and recognize individuals. For the purposes
of granting a conditional use permit for siting a secure community transition
facility, the hearing examiner shall consider an unobstructed visual distance
Amend KCC 72,07, 72.O+ 75.02,
75.04, and 75.O8,O35, and 75,09
Re: Process and Procedures
;:l"
J
.,..." I
'a'
!
-E
Fl
156
of 600 feet to be within the line of sight. During the conditional use permit
process for a secure community transition facility, the line of sight may be
considered to be less than 600 feet if the applicant can demonstrate that
visual barriers exist or can be created that would reduce the line of sight to
less than 600 feet. This distance shall be measured by following a straight
line, without regard to intervening buildings, from the nearest point of the
property or parcel upon which the proposed use is to be located, to the
nearest point of the parcel or property or the land use district boundary line
from which the proposed use is to be separated. For the purpose of granting
a conditional use permit for a secure community transition facility, the
hearing examiner shall give great weight to equitable distribution so that
the city shall not be subject to a disproportionate share of similar facilities
of a statewide, regional, or countywide nature.
25. A designated manufactured home is a permitted use with the
following conditions:
A designated manufactured home must be a new manufactured
home;
b. The designated manufactured home shall be set upon a
permanent foundation, as specified by the manufacturer, and the space from
the bottom of the home to the ground shall be enclosed by concrete or an
approved concrete product that can be either load-bearing or decorative;
c. The designated manufactured home shall comply with all city
design standards applicable to all other single-family homes;
Amend KCC 72.07,72.04, 75.02,
75,04, and 75,O8.O35, and 75.09
Re: Process and Procedures
a
t57
d. The designated manufactured home shall be thermally
equivalent to the State Energy Code; and
e. The designated manufactured home shall meet all other
requirements for a designated manufactured home as defined in RCW
35.63.160,
26. Multifamily dwellings shall be allowed only within the Kent downtown
districts outlined in the downtown subarea action plan and shall be
condominiums recorded pursuant to Chapter 64.32 or 64.34 RCW or similar
dwelling units with ownership interest and recorded as such priorto approval
of a ceftificate of occupancy by the city.
27. Within subdivisions, as defined by KCC L2.04.O25, vested after March
22, 2OO7, or altered to comply with zoning and subdivision code
amendments effective after March 22, 2007,25 percent of the total number
of permitted dwelling units may be duplex or triplex townhouse structures.
28. Live-work units; provided, that the following development standards
shall apply for live-work units, in addition to those set forth in KCC
15.04.190:
a. The unit shall contain a cooking space and sanitary facility in
conformance with applicable building standards;
b. Adequate and clearly defined working space must constitute no
less than 50 percent of the gross floor area of the live-work unit. Said
working space shall be reserved for and regularly used by one or more
persons residing there;
Amend KCC 72.07, 72.04, 75.02,
75.04, and 75.O8.O35, and 75,09
Re: Process and Procedures
158
c. At least one resident in each live-work unit shall maintain at all
times a valid city business license for a business on the premises;
d. Persons who do not reside in the live-work unit may be
employed in the live-work unit when the required parking is provided;
e. Customer and client visits are allowed when the required
parking is provided;
f, No portion of a live-work unit may be separately rented or sold
as a commercial space for a person or persons not living on the premises,
or as a residential space for a person or persons not working on the
premises;
g. IReserved];
h. Construct all nonresidential space, to the maximum allowed, to
commercial building standards; and
i. Provide an internal connection between the residential and
nonresidential space within each unit.
29. Subject to the maximum permitted density of the zoning district. For
assisted living facilities, residential facilities with health care, and
independent senior living facilities, each residential care unit is considered
one dwelling unit for purposes of density calculations.
Amend KCC 72,07, 72.04,75.02,
75.04, and 75,O8.O35, and 75.09
Re: Process and Procedures
159
30. Conditional use when the number of residents exceeds 20 at any one
time or more than four resident staff.
31. Emergency housing and emergency shelter facilities are allowed only
in conjunction with an approved conditional use permit, and must satisfy the
requirements of RCW 35A.21.360(10) prior to opening.
a. General conditions. Emergency housing and emergency shelter
facilities are subject to the following general conditions:
i. The emergency housing or shelter facility must be
located on the same lot as an actively operating church or similar religious
institution.
ii. At the time of application for the conditional use permit,
there shall be no other approved emergency housing or shelter facility
located within 1,000 feet of the proposed emergency housing or shelter
facility site. For the purposes of this subsection, distance shall be measured
in a straight line between the closest property line of the existing facility and
the closest property line of the proposed facility. For purposes of this section,
if the city receives applications for proposed facilities that are within 1,000
feet of each other, the first complete application received by the city shall
be given priority.
iii. An emergency housing facility and an emergency shelter
facility may not be permitted on the same lot simultaneously.
iv. Emergency housing and shelter facilities shall be
permitted to operate for a maximum of 90 consecutive days, and there shall
Amend KCC 72.07, 72,04, 75.02,
75,O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
160
be a minimum period of 90 consecutive days between operational periods
during which the emergency housing or shelter facility does not operate.
The 90-day period of nonoperation shall apply to the operation of an
emergency housing facility followed by an emergency shelter facility and
vice versa.
v, The building footprint of the emergency housing or
shelter facility cannot exceed the building footprint of the church or similar
religious institution that exists on the same lot.
vi. The church or similar religious institution on the same
lot as the emergency housing or shelter facility shall be primarily responsible
for the operation and maintenance of the facility itself, as well as the conduct
of the residents of the facility on and in the immediate vicinity of the lot, to
the maximum extent permitted by law, regardless of whether the
organization contracts with a third party for the provision of any services
related to the facility itself or its residents.
vii. The emergency housing or shelter facility shall comply
with the setbacks and landscaping requirements for churches, as identified
in KCC 15.08.020(A).
viii, The possession or use of illegal drugs at an emergency
housing or shelter facility or the property occupied by the facility is
prohibited.
ix. Emergency housing or shelter facilities shall be
responsible for the safety of residents of the facility, and shall establish a
Amend KCC 72.07, 72,04,75.02,
75.O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
161
plan to remove individuals who present a threat to other residents or the
property of other residents.
x. In the event of a public health emergency, the city may
require an emergency response plan that is in substantial compliance vyith
relevant guidance and requirements issued by Public Health - Seattle and
King County in response to the public health emergency.
xi. Emergency housing and shelter facilities must comply
with all applicable fire and building codes set forth in Chapters 13.01 and
14.01 KCC.
xii. The church or religious institution must provide the city
written documentation of the following:
(a) A description of the proposed staffing and
operational characteristics, including confirmation of sanitation and basic
safety measures required for emergency shelters.
(b) A description of the proposed population to be
served and code of conduct to be observed including conflict resolution
steps.
(c) Criteria for rejection or removal of an individual
seeking access to the facility.
(d) A plan for managing the exterior appearance of
the proposed site including trash/litter.
Amend KCC 72.O7r 72,04, 75.02,
75.O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
t62
(e) A phone number, email, and point of contact at
the site of the facility for the community to report concerns.
(f) A plan for addressing reported concerns and
documenting resolution, and making this information publicly available.
(g) A proposed site plan showing compliance with all
requirements set fofth in this subsection (31) of this section and applicable
fire and building codes set forth in Chapters 13,01 and 14.01 KCC.
xiii. Emergency housing and shelter facilities must have two
naloxone (Narcan) kits onsite, and staff must be trained in how to administer
the naloxone (Narcan).
xiv. The possession of any of the weapons described in RCW
9.4L.280(1) at an emergency housing or shelter facility or the property
occupied by the facility is prohibited.
b. Emergency housing facilities Additional conditions.
Emergency housing facilities must operate pursuant to an agreement with
the city, approved by the director of economic and community development,
and are subject to the following additional conditions:
i. The emergency housing facility must be located within a
permanent, enclosed building.
ii. The emergency housing facility must be located on a lot
that is a minimum of one acre in size,
Amend KCC 72.07, 72.04, 75.02,
75,04, and 75.O8.O35, and 75.09
Re: Process and Procedures
163
c. Emergency shelter facilities - Additional conditions. Emergency
shelter facilities must be located within a temporary structure as described
below, and are subject to the following additional conditions:
i. Emergency shelter facilities are limited to a maximum
sleeping occupancy of 35 people, The design of the temporary structure shall
include an occupant load factor of a minimum of 50 square feet per occupant
and a three-foot aisle around the entire inside perimeter of the tent.
ii. The emergency shelter facility must be located on a lot
that is a minimum of two acres in size.
iii. Emergency shelter facilities must be within a single,
large temporary enclosure, such as a tensile membrane structure, or within
multiple identical temporary enclosures, such as matching vinyl canvas
tents, that are a minimum of 400 square feet in size. If the floor of a
temporary enclosure does not provide insulation from the ground, camping
cots or other off-ground sleeping structures must be provided. The use of
small, individual tents or makeshift structures including, without limitation,
those created with tarps or plastic is prohibited.
iv. Gasoline-powered generatorsareprohibited.
v. Smoking or open flames inside the temporary structure
are prohibited, and the use of portable heaters within personal tents is
prohibited. All heating equipment shall be in accordance with the adopted
fire code.
Amend KCC 72,07, 72.04, 75.02,
75.O+ and 75,O8.O35, and 75.09
Re: Process and Procedures
L64
vi, Emergency shelter facilities shall provide sanitation and
basic safety measures including the following:
(a) One portable or permanent toilet per 20 persons
at a minimum, with a handwashing station at each toilet.
(b) Rodent-proof litter receptacles and food storage
containers.
(c) Two large first-aid kits that include emergency
eye wash bottles.
(d) Secured area for dry supplies storage (blankets,
clothing, food, first-aid).
(e) Covered kitchen area at least 20 feet from any
sleeping areas, with handwashing and dishwashing stations stocked with
soap.
(f) Cleaning supplies including work gloves,
disposable gloves, trash grabber-tool, disinfectant, hand sanitizer, masks,
buckets, paper towels, etc.
(g) Feminine hygiene products.
(h) Three- to four-foot wide aisle between sleeping
structures so as to be ADA compliant and accessible by emergency services
personnel.
Amend KCC 72.07, 72.O+ 75,02,
75.04, and 75.O8,O35, and 75.09
Re: Process and Procedures
165
32. The following restrictions apply to all group homes:
a. A group home is considered a single-family residential use and
shall not be combined with another residential use on the same parcel
including, but not limited to, a communal residence or shoft-term rental;
b. A city of Kent business license is required in accordance with
Chapter 5.01 KCC;
c. The applicant is responsible for obtaining required state
licenses and providing a copy of an up-to-date state license, or proof one is
not required by the state, to the city of Kent prior to approval of a city
business license;
d. Family members of the provider may live in the group home,
but such members are limited only to a spouse and children of the provider
or spouse, and are subject to the background check requirements of WAC
388-73-10166 and 388-76-10161; and
e. An accessory dwelling unit is permitted only if used as part of
the operation of a group home and may not be leased or sub-leased to a
separate family.
33. The following restrictions apply to all communal residences:
a. A city of Kent business license is required in accordance with
Chapter 5,01 KCC;
Amend KCC 72.07, 72.04, 75.02,
75.04, and 75.O8.O35, and 75,09
Re,' Process and Procedures
166
b. No more than three rooms within the home or accessory
structure may be separately leased or sub-leased; and
c. Each room being leased or sub-leased shall have adequate
space, light, electricity, heating, emergency egress, a smoke detector, and
access to adequate sanitation and eating facilities pursuant to the
International Residential Code and International Property Maintenance Code
as adopted in Chapter 14.01 KCC. Adequate space means floor area of no
less than 70 square feet in size, no less than seven feet ofteiling height and
shall not have any horizontal dimension less than seven feet. Egress means
one emergency escape rescue opening at least 5.7 square feet, 24 inches
high and 20 inches wide.
34. The following restrictions apply to short-term rentals:
a. A city of Kent business license is required in accordance with
Chapter 5.01 KCC;
b. The home shall be occupied by the owner or a nontransient
tenant for at least six months of each year;
c. No more than three rooms within the home or accessory
structure may be offered as short-term rentals; and
d. The applicant is responsible for complying with the shoft-term
rental requirements of Chapter 64.37 RCW.
Amend KCC 72,07, 72.04, 75.02,
75.04, and 75.O8.O35, and 75.09
Ret Process and Procedures
r67
35. Emergency housing facilities are allowed only in conjunction with an
approved conditional use permit, and must satisfy the requirements of RCW
35A.21.360(10) prior to opening.
a. General conditions. Emergency housing facilities are also
subject to the following conditions:
i. The emergency housing facility must be located within a
permanent, enclosed building.
ii. The emergency housing facility must be located on a lot
that is a minimum of one acre in size.
iii. Emergency housing facilities must operate pursuant to
an agreement with the city, approved by the director of economic and
community development.
iv. At the time of application for the conditional use permit,
there shall be no other approved emergency housing or shelter facility
located within 1,000 feet of the proposed emergency housing facility site.
For the purposes of this subsection, distance shall be measured in a straight
line between the closest property line of the existing facility and the closest
property line of the proposed facility. For purposes of this section, if the city
receives applications for proposed facilities that are within 1,000 feet of each
other, the first complete application received by the city shall be given
priority.
v. Emergency housing facilities shall be permitted to
operate for a maximum of 90 consecutive days, and there shall be a
Amend KCC 72.07, t2,O+ 75,02,
75.O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
168
minimum period of 90 consecutive days between operational periods during
which the emergency housing facility does not operate. The 90-day period
of nonoperation shall apply to the operation of any emergency housing
facility followed by an emergency shelter facility and vice versa.
vi. The person or organization that owns the property shall
be primarily responsible for the operation and maintenance of the facility
itself, as well as the conduct of the residents of the facility on and in the
immediate vicinity of the lot, to the maximum extent permitted by law,
regardless of whether the person or organization contracts with a third party
for the provision of any services related to the facility itself or its residents.
vii. The emergency housing facility shall comply with the
setbacks and landscaping requirements for churches, as identified in KCC
1s.08.020(A).
viii. The possession or use of illegal drugs at an emergency
housing facility or the property occupied by the facility is prohibited.
ix. Emergency housing facilities shall be responsible for the
safety of residents of the facility, and shall establish a plan to remove
individuals who present a threat to other residents or the property of other
residents.
x. In the event of a public health emergency, the city may
require an emergency response plan that is in substantial compliance with
relevant guidance and requirements issued by Public Health - Seattle and
King County in response to the public health emergency.
Amend KCC 72.07, 72.O+ 15.02,
75.O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
169
xi. Emergency housing facilities must comply with all
applicable fire and building codes set forth in Chapters 13.01 and 14.01 KCC.
xii. The owner or operator of the emergency housing facility
must provide the city written documentation of the following:
(a) A description of the proposed staffing and
operationa I cha racteristics.
(b) A description of the proposed population to be
served and code of conduct to be observed including conflict resolution
steps.
(c) Criteria for rejection or removal of an individual
seeking access to the facility.
(d) A plan for managing the exterior appearance of
the proposed site including trash/litter.
(e) A phone number, email, and point of contact at
the site of the facility for the community to report concerns.
(f) A plan for addressing reported concerns and
documenting resolution, and making this information publicly available.
(g) A proposed site plan showing compliance with all
requirements set forth in subsection (35) of this section and applicable fire
and building codes set forth in Chapters 13.01 and 14.01 KCC.
Amend KCC 72.07, 72.04, 75.02,
75.04, and 75.O8,O35, and 75.09
Re: Process and Procedures
t70
xiii. Emergency housing facilities must have two naloxone
(Narcan) kits on site, and staff must be trained in how to administer the
naloxone (Narcan).
xiv. The possession of any of the weapons described in RCW
9.41.280(1) at an emergency housing or shelter facility or the property
occupied by the facility is prohibited.
SECTION 7. - Amendment. Section 15.04.040 of the Kent City Code
entitled "Industrial Land Uses" is amended as follows:
Amend KCC 72.07, 72.O4r 75.02,
75.04, and 75,O8.O35, and 75,09
Re: Process and Procedures
t7t
Sec. 15.O4.O4O. fndustrial land uses
Amend KCC 72.07, 72.04, 75.02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
Zoning Districts
Key
P = Principally
Permitted Uses
S = Special UsesI = Conditional
Jses
q = Accessory
Jses
\4 = Minor
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laundry and
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P P P P
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shops
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incidental and
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(37)
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172
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SECTION 8, - Amendment. Section 15.04.060 of the Kent City Code entitled
"Transportation, public, and utilities land uses" is amended as follow:
Sec. 15.O4.060 Transportation, public, and utilities land uses.
Amend KCC 72.O7t 72.04, 75,02,
75,04, and 75.O8,O35, and 75.09
Re: Process and Procedures
Zoning Districts
Key
P = Principally
Permitted Uses
S = Special Uses
C = Conditional Uses
A = Accessory Uses
V1 = Minor
30nditional Uses o
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( 11)
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schools, vocational
schools, and
colleges
c c c c c c c c c c c c c c P c c c c c c c c
174
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SECTION 9. - Amendment Section 15.04.065 of the Kent City Code
entitled "Transportation, public, and utilities land use development
conditions" is amended as follows:
Sec. 15.O4.065. Transpoftation, public, and utilities land use
development conditions.
1. For WTF towers 90 feet or less for a single user and up to 120 feet
for two or more users.
2. For WTF towers that are within the allowable building height for the
district in which they are located.
3, All WTFs are subject to applicable portions of KCC 15.08,035.
4. A minor conditional use permit for a WTF is required if it is greater
than 90 feet for a single user or 120 feet for two or more users.
5. A minor conditional use permit is required if the WTF exceeds the
allowable building height of the district.
6. Includes rail-truck transfer uses, except classification yards in the
category of "hump yards."
7. [Reserved].
8. If on property owned, leased, or otherwise controlled by the city or
other government entity subject to KCC 15.08.035(I).
Amend KCC 72.07, 72.04,75.02,
15.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
L76
9. Level 1 and 2 charging only.
10. Only as part of a general conditional use identified in KCC 15.08.030.
11.
KCC
High capacity transit facilities shall be consistent with Chapter 15.15
L2. A conditional use permit is required for high capacity transit facilities
that cross multiple zoning districts. No other transportation and transit
facilities are allowed in the MHP zoning district.
13. Accessory structures composed of at least two walls and a roof, not
including accessory uses or structures customarily appurtenant to
agricultural uses, are subject to the provisions of KCC 15.08.160.
Amend KCC 72.07, 72.O+ 75.02,
75.O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
177
SECTION 70, - Amendment. Section 15.O4.O7O of the Kent City Code entitled
"Wholesale and retail land uses" is amended as follow:
Sec, 15.O4.O7O Wholesale and retail land uses.
Amend KCC 72.07, 72.04, 15.02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
Zoning Districts
Key
P = Principally Permitted
Uses
S = Special Uses
C = Conditional Uses
A = Accessory Uses
P1 = Minor Conditional
Uses 0r{
I I Ido
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&
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=
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A
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(,(Jz I(J
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t{IJ6
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nlII
=
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=
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Bakeries and
confectioneries
P P P P P P P P
Wholesale bakery
P P P
(28)
P
(28)
P
(28\
Bulk retail
P P P P P
(28)
P
(28)
P
(28)
Recycling centers c
Retail sales of lumber,
tools, and other building
materials, including
preassembled products
P P P P
(28)
P
(28)
P
(28)
Hardware, paint, tlle,
and wallpaper (retail)
P P
( 11)
P P P P P P P
(28)
P
(2B)
P
(28)
Farm equipment P P P
(2)
(28)
P
(2)
(28)
P
(2)
(28)
General merchandise:
dry goods, variety, and
department stores
(retail)
P P
(1 1)
P P P P P P P
(28)
P
(28)
P
(28)
Food and convenience
stores (retail)
P P P
( 11)
P P P P P P P
(28)
P
(28)
P
(28)
Automobile, aircraft,
motorcycle, boat, and
recreational vehicles
sales (retail)
P P P
(2)
(28)
P
(2)
(28)
P
(2)
(28)
Automotive, aircraft,
motorcycle, and marine
accessories (retail)
P P P P P P
(2)
(28)
P
(2)
(28)
P
(2)
(28)
Gasoline service
stations
s
(6)
s
(6)(6)
s
(6)
s
(6)(6)
s
(6)(6)
L78
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SECTION 77. - Amendment. Section 15,04.090 of the Kent City Code entitled
"Service land uses" is amended as follow:
Sec. 15.O4.O9O Service land uses.
Amend KCC 72.07, 72.O+ 75.02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
Zoning Districts
Key
P = Principally Permitted
Uses
S = Special Uses
3 = Conditional Uses
A = Accessory Uses
\4 = Minor Conditional
Jses o
I &
1^
GI
&,o
utt
&,th
oIc,o
o
&o
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=
N
I4
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=
=&
=
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=
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=
(J
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A
lltUo
I(,
=
N
II
E
4(,
=
-(J II N f'l
Finance, insurance, real
estate services
P
(22)
P P
(1)
(r2)
P P P P P P P
(2)
P
(2)
P
(2)
Personal services:
laundry, dry cleaning,
barber, salons, shoe
repair, launderettes
P
(22)
P P
(1 2)
P P P P P P P
(2)
P
(2\
P
(2\
Mortuaries
P
(12)
P P P
Home day-care P P P P P P P P P P P P P P P P P P P P P P P
Day-care center c c c c c c P P P P P P P P P P P P P P P P P
(2)
P
(2)
Business services,
duplicating and blue
printing, travel agencies,
and employment
agencies
P
(12)
P P P P P P P
(2)
P
(2)
P
(2)
Building maintenance
and pest control
P P P P
(2\
P
(2\
P
(2)
Outdoor storage
(including truck, heavy
equipment, and
contractor storage yards
as allowed by
development standards,
KCC 15.04.190 and
1s.04.195)
P
(e)
(r1)
(e)
(11)
(s)
(1 1)
Rental and leasing
services for cars, trucks,
P P P P
(2)
(s)
P
(2)
(e)
P
(2)
(e)
181
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SECTION 72. - Amendment. Section 15.04.110 of the Kent City Code entitled
"Cultural, entertainment, and recreation land uses" is amended as follow:
Sec. 15.O4.110 Cultural, entertainment, and recreation land uses
Amend KCC 72.07, 72.04, 75.02,
75.O+ and 75,O8,O35, and 75.09
Re: Process and Procedures
Zoning Districts
Key
P = Principally Permitted Uses
S = Special Uses
C = Conditional Uses
A = Accessory Uses
M = Minor Conditional Uses o
I I &ttt
lll
&,o
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to
&,o
q,
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=&
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=
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TJ
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==(J
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Performing and cultural arts uses,
such as art galleries/studios
P
(3)
P P P P P P P
(8)
P
(8)
P
(8)
House-banked card rooms
P
c
(1)
P
(1)
P
c
(1)
P
(4)
(8)
P
(4)
(8)
P
(4)
(8)
Historic and monument sites
P P P
(8)
P
(8)
P
(8)
Public assembly (indoor): sports
facilities, arenas, auditoriums and
exhibition halls, bowling alleys,
dart-playing facilities, skatin g
rinks, community clubs, athletic
clubs, recreation centers,
theaters (excluding school
facilities)
P P
c
c)
Pc
t2)
P P P
(8)
P
(8)
P
(8)
Public assembly (outdoor) :
fairgrounds and amusement
parks, tennis courts, athletic
fields, miniature golf, go-cart
tracks, drive-in theaters, etc.
c P P P
(8)
P
(8)
P
(8)
Open space use: cemeteries,
parks, playgrounds, golf courses,
and other recreation facilities,
including buildings or structures
associated therewith
c c c c c c c c c c c c c c c P
(6)
c
P
(6)
c
c
(e)
c
(e)
c
(e)
P
(7)
c
P
(7)
c
c c c
Employee recreation areas P
(8)
P
(B)
P
(B)
Private clubs, fraternal lodges,
etc.
€!4 €u €x €!€14 €M €14 €x EM €t4 eu eu €u €M €P €P
{a
€P
f5]
P
(5}
€
P€P
(5i
€
€e$t
P
(5)
€
P
(8)
P
(8)
P
(8)
Recreational vehicle parks c
184
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SECTION 73. - Amendment. Section 15.04.120 of the Kent City
Code entitled "Cultural, entertainment, and recreation land use
development conditions" is amended as follow:
Sec. 15.O4.L2O. Cultural, entertainment, and recreation land
use development conditions.
1. House-banked card rooms are not allowed in areas zoned GC-MU
(general commercial - mixed use) or CC-MU (community commercial -
mixed use) unless authorized by a conditional use permit. House-banked
card rooms are not allowed in areas designated urban center on the land
use plan map. Should any court of competent jurisdiction find that the city
zoning for house-banked card rooms is unconstitutional or illegal, the city
elects to permit a legally existing card room to continue operation as a
nonconforming legal use and otherwise bans card rooms.
2.
spaces over 50,000 SF reouire a conditional use permit.
3. The ground level or street level portion of all buildings in the
pedestrian overlay of the DC district, set forth in the map below, must be
retail or pedestrian oriented, Pedestrian-oriented development shall have
the main ground floor entry located adjacent to a public street and be
physically and visually accessible by pedestrians from the sidewalk, and
may include the following uses:
a. Retail establishments, including but not limited to convenience
goods, department and variety stores, specialty shops such as apparel and
Amend KCC 72.07, 72.04, 75.02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
186
accessories, gift shops, toy shops, cards and paper goods, home and home
accessory shops, florists, antique shops, and book shops;
b. Personal services, including but not limited to barber shops,
beauty salons, and dry cleaning;
c. Repair services, including but not limited to television, radio,
computer, jewelry, and shoe repair;
d. Food-related shops, including but not limited to restaurants
(including outdoor seating areas and excluding drive-in restaurants) and
taverns;
e. Copy establishments;
f. Professional services, including but not limited to law offices
and consulting services; and
g. Any other use that is determined by the economic and
community development director to be of the same general character as
the above permitted uses and in accordance with the stated purpose of the
district, pursuant to KCC 15.09.065, use interpretations.
Amend KCC 72.07, 72.04,75.02,
75.O+ and 75.O8.O35, and 75,09
Re: Process and Procedures
L87
6owr
It2l\t
E
fl
f,E Itcoo
4. Should any court of competent jurisdiction find that the city zoning
for house-banked card rooms is unconstitutional or illegal, the city elects to
permit a legally existing house-banked card room to continue operation as
a nonconforming legal use and otherwise bans house-banked card rooms.
5. Reoealed
6. Principally permitted uses are limited to parks and playgrounds
7. Principally permitted uses are limited to golf driving ranges
8. In the I1, 12, and 13 districts, cultural, entertainment, and
recreational uses are allowed but shall be limited to 30,000 square feet per
occupancy in the lL, 12, and 13 zoning districts,
9. Conditionally permitted uses are limited to parks and playgrounds
Amend KCC 72.O7t 12.04, 75.02,
75.O+ and 75.O8.O35, and t 5.O9
Re: Process and Procedures
188
10. Accessory structures composed of at least two walls and a roof, not
including accessory uses or structures customarily appurtenant to
agricultural uses, are subject to the provisions of KCC 15.08.160.
Amend KCC 72.07, 72,04, 75,02,
75.O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
189
ECTION 74, - Amendment. Section 15,04.130 of the Kent City Code entitled
"Resource land uses" is amended as follow:
Sec. 15.O4.13O Resource land uses,
Amend KCC 72.07, 72.04,75.02,
75.O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
Zoning Districts
Key
P = Principally Permitted Uses
S = Special Uses
C = Conditional Uses
A = Accessory Uses
N4 = Minor Conditional Uses o
da
f)
da
r)
+
da
\o
d(n
@
d(n
o
d
N
F
d
E
(o
F
d
E
o
dE
E
d
=
I
d
=
cI:UUz (J(J Uo
I.IJUo
(J
F
=
N
vFE
d
t E (Jtn N (n
Agricultural uses such as
planting and harvesting of
crops, animal husbandry
(including wholesale
nurseries and greenhouses)
P P P
Crop and tree farming P P P P P P P P P P P P P P P P
Storage, processing, and
conversion of agricu ltural
products (not including
slaughtering or meat
packing)
P P
(s
)
(6
)
P
(s
)
(6
)
P
(s
)
(6
)
Accessory uses and
structures customarily
appurtenant to a permitted
use
A A A
(1
)
(4
)
A
(4
)
A
(4
)
A
(4
)
A
(4
)
A A A A A A A A A A A A A A A A A A A
Roadside stands
*P
(3
)
AP
(2
)
AP
(3
)
190
SECTION 75. - Amendment. Section 15.08.035 of the Kent City
Code entitled "Wireless telecommunications facilities" is amended as
follows:
Sec. 15.O8.035 Wireless telecommunications facilities.
A. Purpose and goals. The purpose of this section is to establish general
guidelines for the siting of wireless telecommunications facilities (WTFs),
specifically including, without limitation, towers and antennas, in light of the
following goals:
1, Protecting residential areas from potential adverse impacts;
2. Enhancing the ability of the providers of wireless
telecommunications services to provide those services quickly, effectively,
and efficiently;
3. Encouraging location in nonresidential areas;
4. Minimizing the total height of towers within the community;
5. Encouraging the joint use of new and existing sites;
6. Encouraging service providers to locate and configure facilities
to minimize adverse impacts through careful design, siting, landscaping,
screening, and innovative camouflaging techniques; and
Amend KCC 72.07, 72.04,75.02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
191
7. Considering potential adverse impacts to the public health and
safety from these facilities except where preempted by other laws, rules,
and regulations.
In furtherance of these goals, the city shall give due consideration to the
city's comprehensive plan, zoning ffidp, existing land uses, and
environmentally sensitive areas in approving sites for the location of WTFs,
including towers and antennas.
B. Definitions. As used in this section only, the following terms shall have
the meanings set forth below:
Abandon or abandonment means:
1. To cease operation for a period of 180 or more consecutive
calendar days; or
2. To reduce the effective radiated power of an antenna by 75
percent for 180 or more consecutive calendar days unless new technology
or the construction of additional cells in the same locality allows reduction
of effective radiated power by more than 75 percent, so long as the operator
still serves essentially the same customer base.
Antenna means any exterior transmitting or receiving device used in
communications that radiates or captures electromagnetic waves.
Backhaul network means the lines that connect a provider's
WTFs/towers/cell sites to one or more cellular telephone switching offices,
and/or long distance providers, or the public switched telephone network.
Amend KCC 72.O7r 72.04,75.02,
75.04, and 75.O8.O35, and 15.09
Ret Process and Procedures
192
Camouflage means to disguise, hide, or integrate with an existing or
proposed structure or with the natural environment so as to be significantly
screened from view.
Colocate means use of a WTF by more than one service provider.
COW means cell on wheels or cellular on wheels
E/A means Electronic Industries Association.
FAA means the Federal Aviation Administration
FCC means the Federal Communications Commission
Guyed tower means a wireless communication support structure which is
typically over 100 feet tall and is steadied by guy wires in a radial pattern
around the tower.
Height means, when referring to a tower or other WTF, the distance
measured from the finished grade of the parcel at the base of the WTF to
the highest point on the tower or other WTF, including the base pad and any
antennas.
Lattice tower means a support structure which consists of a network of
crossed metal braces, forming a tower which is usually triangular or square
in cross-section.
Amend KCC 72.07, 72.04,75.02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
193
Monopole tower means a support structure which consists of a single pole
sunk into the ground and/or attached to a foundation,
Non-whip antenna means an antenna that is not a whip antenna, such as
dish antennas, panel antennas, etc.
Personal wireless service means commercial mobile services, unlicensed
wireless services, and common carrier wireless exchange access services as
defined in 47 U.S.C. Section 332(cX7)(C), or as amended.
Preexisting WTF means any WTF for which a building permit has been
properly issued prior to July 7, L997, including permitted WTFs that have
not yet been constructed, so long as that permit or approval has not expired.
Small cell equipment means wireless telecommunications facilities attached,
mounted, or installed on a proprietary or leased pole, excluding monopole
towers, that is located in right-of-way and used to provide personal wireless
service.
Telecommunications means the transmission, between or among points
specified by the user, of information of the user's choosing without change
in the form or content of the information as sent and received.
Telecommunications service means the offering of telecommunications for a
fee directly to the public, or to such classes of users as to be effectively
available directly to the public, regardless of the facilities used.
Tower means any structure that is designed and constructed primarily for
the purpose of supporting one or more antennas for telecommunications,
Amend KCC 72.07, 72.04,75.02,
75.O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
194
telephone, radio, and similar communication purposes. The term includes
the structure, all structural supports, and all related buildings and
appurtenances.
Whip antenna means an omnidirectional dipole antenna of cylindrical shape
that is no more than six inches in average diameter.
Wireless telecommunications facility or WTF includes "personal wireless
service," "personal wireless service facilities," and "facilities" as defined in
47 U.S.C. Section 332(cX7XC), including all future amendments, and also
includes facilities for the transmission and reception of radio or microwave
signals used for communication, telecommunication, cellular phone personal
communications services, enhanced specialized mobile radio, and any other
services licensed by the FCC, and also includes any other unlicensed wireless
services,
C. Applicability
1. New uses. All WTF proposals made in the city, whether for new
construction or for modification of existing facilities, shall be subject to the
regulations set forth in this code, except as provided in subsection (D) of
this section,
D. Exemptions. The following are exempt from the provisions of this
section and are allowed in all zoning districts:
1. Existing uses, WTFs that currently exist on July 7, L997, or for
which a valid building permit has been obtained and remains in effect on
Amend KCC 72,07, 72,04,75.02,
75,04, and 75.O8.O35, and 75.09
Re: Process and Procedures
195
July 7, L997, except this exemption does not apply to modifications of
existing facilities,
2. Industrial/scientific equipment. Industrial processing
equipment and scientific or medical equipment using frequencies regulated
by the FCC.
3. Amateur radio station operators or receive-only antennas. Any
tower or antenna that is under 70 feet in height and is owned and operated
by a federally licensed amateur radio station operator or is used exclusively
for receive-only antennas.
4. Home satellite services. Satellite dish antennas less than two
meters in diameter, including direct-to-home satellite services, when used
as a secondary use of the property.
5. COW. A COW or other temporary WTF, but its use anywhere in
the city cannot exceed 30 days, unless extended by permit issued by the
planning manager or unless the city has declared an area-wide emergency.
6. Public safety WTFs and equipment. Public safety WTFs and
equipment, including, but not limited to, the regional 911 system.
7. Small cell equipment. Small cell equipment, as defined in
subsection (B) of this section, subject to a specific agreement with the city,
provided such equipment complies with concealment features stipulated in
such agreements.
E. General
Amend KCC 72.07, 72.O+ 75.02,
75.O+ and 75.O8.O35, and 75,09
Re: Process and Procedures
196
1. Principal or accessory use. WTFs may be considered either
principal or accessory uses. A different use of an existing structure on the
same lot shall not preclude the installation of WTFs on that lot.
2. Not essential services, WTFs shall be regulated and permitted
pursuant to this section and shall not be regulated or permitted as essential
public services,
F. General requirements.
1. Siting. Anyone who applies to construct a WTF or to modify or
add to an existing WTF shall demonstrate to the city's satisfaction that the
proposed facility is located at the least obtrusive and the most appropriate
available site to function in the applicant's grid system.
2. FCC licensing. The city will only process WTF permit
applications upon a satisfactory showing of proof that the applicant is an
FCC licensed telecommunications provider or that the applicant has
agreements with an FCC licensed telecommunications provider for use or
lease of the facility.
3. Compliance with other laws. Applicants must show, to the
satisfaction of the planning manager, compliance with current FCC and FM
rules and regulations and all other applicable federal, state, and local laws,
rules, and regulations.
4. Lot size. For purposes of determining whether the installation
of WTFs complies with district development regulations including, but not
Amend KCC 72.07, 72,04,75.02,
75.O+ and 75.O8.O35, and 75.O9
Re: Process and Procedures
797
limited to, setback requirements, lot-coverage requirements, and other
requirements, the dimensions of the entire lot shall control, even though the
WTFs may be located on leased parcels within that lot.
5. Height. Unless further restricted or expanded elsewhere in this
section, no WTFs may exceed the following height and usage criteria:
a. For a single user, up to 90 feet in height; and
b. For two or more users, up to 120 feet in height.
6. Security fencing. WTFs shall be enclosed, where appropriate,
by security fencing not less than six feet in height; provided, however, that
the ing
director may waive these requirements, as appropriate.
7. Landscaping. WTFs shall be landscaped with a buffer of plant
materials that effectively screens the view of the WTF compound; provided,
however, that the
maywaivetheserequirementsifthegoalsofthis
section would be better served.
8. WTFs mounted on structures or rooftops. WTFs mounted on
existing structures or rooftops shall be designed and located so as to
minimize visual and aesthetic impacts to the adjoining land uses and
structures and shall, to the greatest extent practical, blend into the existing
environment.
9. Aesthetics. WTFs shall meet the following requirements:
Amend KCC 72,07, 72,04,75,02,
75,O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
198
a. WTFs shall be painted a neutral color so as to reduce
visual obtrusiveness,
b. At a WTF site, the design of the buildings and related
structures shall, to the extent possible, use materials, colors, textures,
screening, and landscaping that will blend into the existing natural and
constructed envi ron ment.
10, Lighting. Towers shall not be artificially lighted, unless required
by the FAA or other applicable authority. If lighting is required for any WTF,
the lighting must cause the least disturbance to the surrounding area.
11. Measurement. For purposes of measurement, WTF setbacks
and separation distances shall be calculated and applied irrespective of
municipal and county jurisdictional boundaries.
L2. Franchises, licenses, and permr'fs. Owners and/or operators of
WTFs shall certify that they have obtained all franchises, licenses, or permits
required by law for the construction and/or operation of a wireless
telecommunication system in the city and shall file a copy of all required
franchises, licenses, and permits with the planning manager.
13. Signs. No signs shall be allowed on an antenna or tower.
L4. Backhaul providers. Backhaul providers shall be identified and
they shall have and maintain all necessary approvals to operate as such,
including holding necessary franchises, permits, and certificates. The
method of providing backhaul, wired or wireless, shall be identified.
Amend KCC 72,07, 72.04,75.02,
75.04, and 75.O8.O35, and 75.O9
Re: Process and Procedures
199
G. Tower requirements
1. Tower setbacks. All towers, support structures, and accessory
buildings must satisfy the minimum setback requirements for that zoning
district.
2. Support systems setbacks. All guy wires, anchors, and other
suppoft structures must be located within the buildable area of the lot and
not within the front, rear, or side yard setbacks and no closer than five feet
to any property line.
3. Monopole construction required. All towers will be of a tapering
monopole construction; however, the
may allow another type
of tower upon a showing that it would cause less impact to the surrounding
property than a similar monopole structure or would further the purposes
and goals in this section.
4. Inventory of existing srtes. Each applicant for a tower shall
provide an inventory of its existing WTF sites that are either within the
jurisdiction of the city or within one mile of its borders, including specific
information about the location, height, and design of each facility.
5. EIA standards. Towers shall be constructed so as to meet or
exceed the most recent EIA standards. Prior to issuance of a building permit,
the building official shall be provided with an engineer's certification that the
tower's design meets or exceeds those standards.
Amend KCC 72.07, 72.04,75.02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
200
6, Site selection and height. Towers shall be located to minimize
their number and height and to minimize their visual impacts on the
surrounding area in accordance with the following policies:
a. Ensure that the height of towers has the least visual
impact and that the height is no greater than necessary to achieve service
area requirements and to provide for potential colocation; and
b. Demonstrate that the owner or operator has, to the
greatest extent practical, selected a new tower site that provides the least
visual impact on residential areas. This shall include an analysis of the
potential impacts from other vantage points in the area to illustrate that the
selected site and design provide the best opportunity to minimize the visual
impact of the proposed facility; and
c, Site so as to minimize being visually solitary or
prominent when viewed from surrounding areas, especially residential
areas. The facility should be camouflaged to the maximum extent feasible.
7. Colocation priority. Colocation of antennas by more than one
carrier on existing towers is preferred to construction of new towers;
provided, that the colocation is consistent with the following:
a. Redesign restrictions. A tower that is modified or
reconstructed to accommodate the colocation of an additional antenna shall
be of the same tower type as the existing tower, or of a less obtrusive design
(such as a monopole), if practical.
Amend KCC 72.07, 72.04, 75.02,
75,04, and 75.O8.O35, and 75.09
Re: Process and Procedures
20t
b. Height. Except as may be modified in subsection
(lXlXa) of this section, an existing tower may be modified or rebuilt to a
taller height, not to exceed 30 feet over the tower's existing height or 120
feet, whichever is lower, to accommodate the colocation by another provider
or operator of an additional antenna system in any district except DC, DCE,
NCC, and all SR districts. This additional height shall not require an
additional distance separation.
c. Onsite relocation. A tower that is being rebuilt to
accommodate the colocation of an additional antenna may be relocated on
its existing site within 50 feet of its existing location. If consistent with the
purposes and goals in subsection (A) of this section, the planning mafiager
director may permit the onsite
relocation of a tower which comes within the separation distances to
residential units or residentially zoned lands.
8. Separation distances between towers. Separation distances
between towers shall be measured between the proposed tower and
preexisting towers. Measurement shall be from base of tower to base of
tower, excluding pad, footing, or foundation. The separation distances shall
be measured by drawing or following a straight line between the nearest
point on the base of the existing tower and the proposed tower base,
pursuant to a site plan of the proposed tower. The separation distances
(listed in linear feet) shall be as shown in Table 1, unless the distance is
reduced by the planning manager when administratively approving a WTF
or by the through issuance of a minor
conditional use permit.
Amend KCC 72.07, 72.O4t 75,02,
15.04, and 75.O8,O35, and 75.09
Re: Process and Procedures
202
Lattice
Guyed
Monopole 75 feet in
height or greater
Monopole less than
75 feet in height
Table I
Mono- Mono-
pole pole
75 feet less
in than
height 75
or feet in
Lattice Guyed greater height
5,000 5,000 1,500 750
5,000 5,000 1,500 750
1,500 1,500 1,500 750
750 750 750 750
H. Administratively approved WTFs. The planning managiere[reclor may
administratively approve the uses listed in this subsection once each
applicant has applied for and provided all necessary information required in
this code and in the city's application form. This administrative approval is
classified as a Process I application and is subject to the requirements of
Chapter 12.01 KCC.
1. Administratively approved uses. The following uses may be
approved by the planning @after conducting an
ad m in istrative review :
Amend KCC 72.07, 72.04, 75.02,
75.O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
203
a. Industrial/commercial zones. Locating WTFs, including
the placement of additional buildings or other supporting equipment used in
connection with WTFs, that do not exceed 90 feet in height for a single user
and 120 feet in height for two or more users in the following districts: MA,
IL,12,13, CM, GC, and GWC.
b, Antennas on existing structures. Locating a WTF other
than a tower as an accessory use by attachment to any building or structure
other than a single-family dwelling or multifamily structure of fewer than
eight dwelling units in any zoning district, provided:
i. The antenna does not extend more than 20 feet
above the highest point of the structure if a whip antenna, or 10 feet above
the highest point of the structure if a non-whip antenna; and
ii. The antenna complies with all applicable building
codes; and
iii. All associated equipment is placed either within
the same building or in a separate structure that matches the existing
building or structure in character and materials.
c. WTFs on existing towers. Locating a WTF through
colocation by attaching the antenna to an existing tower.
d. WTFs within allowable building height. Locating WTFs,
including placement of additional buildings or other supporting equipment
used in connection with the WTF in O, CC, MRG, MRM, MRH, AG, and A-10
Amend KCC 72.07, 12.04,75.02,
75,04, and 75.O8.O35, and 75.09
Re: Process and Procedures
204
districts, so long as the WTF does not exceed the allowable building height
for that district.
e. COWs for greater than 30-day periods. Upon a proper
showing of extreme necessity ,(for example, if repair or modification of an
existing WTF clearly and legitimately cannot be completed within 30 days),
locating a COW at a single location for more than 30 calendar days; however,
purely economic convenience shall not be considered a viable factor in
making this determination.
2. Authority to waive certain requiremenfs. In connection with this
administrativeapproval,theplanning@may,inorderto
encourage camouflaging and colocation of WTFs, administratively waive
separation distance requirements between WTFs by up to 50 percent in
nonresidentialzones.Additionally,theplanning@may,in
order to encourage the use of the least obtrusive type of WTF,
administratively allow the reconstruction of an existing WTF to that less
obstructive use,
I. Minor €eonditional use permits. Applications for minor conditional use
permits under this subsection shall be subject to the procedures and
requirements of KCC 15.09.032e and Chapter L2.0L KCC, except as
modified by this subsection. If the WTF is not subject to administrative
approval pursuant to subsection (H) of this section, then a minor conditional
use permit shall be required.
1, Minor €eonditional WTF uses. Specifically, minor conditional
use permits shall be required for the following WTFs:
Amend KCC 72.07, 72.O+ 75.02,
75.O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
205
a, Industrial/commercial zones. Locating WTFs that exceed
90 feet in height for a single user or 120 feet for two or more users or
locating antennas on existing structures that exceed the height limitations
in subsection (H)(1)(b) of this section in the following districts: MA,lL,12,
13, CM, GC, and GWC.
b. Government property, Locating WTFs (i) separate from
existing structures on propefty owned, leased, or otherwise controlled by
the city or other governmental entity or (ii) attached to existing structures
on property owned, leased, or otherwise controlled by the city or other
governmental entity exceeding the height limitations in subsection (HX1Xb)
of this section, but only on the condition that the total height of the attached
WTF, including the structure, does not exceed LzO feet, unless permitted
under subsection (tXtXa) of this section; however, this subsection shall not
apply in DC, DCE, and NCC districts.
c. WTFs exceeding allowable building height. Locating
WTFs that exceed the allowable building height in the following districts: O,
CC, MRG, MRM, MRH, AG, and A-10.
d. Tower construction under allowed separation distances.
Locating towers that do not meet the separation distance requirements in
subsection (GX8) of this section or that do not meet administratively
approved separation distance limits.
2. Factors considered in granting minor conditional use permits
for towers, In addition to KCC 15.09.030(D), the @!ng
director shall also consider the following factors when considering a MCUP
application for WTF towers:
Amend KCC 72.07, 72.O+ 75.02,
75.O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
206
a. Height of the proposed tower;
b. Proximity of the tower to residential structures and
residential district boundaries;
c. Nature of uses on adjacent and nearby properties;
d. Surrounding topography;
e Surrounding tree coverage and foliage;
f. Design of the tower, with particular reference to design
characteristics that have the effect of reducing or eliminating visual
obtrusiveness;
g. Availability of suitable existing towers, other structures,
or alternative technologies not requiring the use of towers or structures;
h. Obstruction of or interference with views;
i, Consistency with purpose and goals set forth in
subsection (A) of this section.
3. Availability of suitable existing towers, other structures, or
alternative technology. No new tower shall be permitted unless the applicant
demonstrates to the reasonable satisfaction of the hearing examiner that no
existing tower, structure, or alternative technology that does not require the
use of towers can accommodate the applicant's proposed WTF. An applicant
Amend KCC 72.O7t 72,O4r 75.02,
!5.O4, and 75.O8.O35, and 75,09
Re: Process and Procedures
207
shall submit information requested by the hearing examiner related to the
availability of suitable existing towers, other structures, or alternative
technology. Evidence submitted to demonstrate that no existing tower,
structure, or alternative technology can accommodate the applicant's
proposed WTF may consist of any of the following:
a. No existing WTF is located within the geographic area
that meets applicant's engineering requirements.
b, Existing WTFs are not of sufficient height to meet
applicant's engineering requirements.
c. Existing WTFs cannot practically be reconstructed to
provide sufficient structural strength to support applicant's proposed
antenna and related equipment.
d. Electromagnetic interference would occur between two
or more WTF systems.
e. The fees, costs, or contractual provisions required by the
owner in order to share an existing WTF or to adapt an existing WTF for
colocation are unreasonable. Fees or costs that exceed new WTF
development shall not be presumed to render sharing facilities unsuitable.
f. Other limiting factors render existing WTFs unsuitable
g. An alternative technology that does not require the use
of towers or structures would be unsuitable. Costs of alternative technology
Amend KCC 72.07, 72.04, 15,02,
75.04, and 75.O8,O35, and 75.09
Re: Process and Procedures
208
that exceed new WTF development shall not be presumed to render the
technology unsuitable.
4. Separation requirements. The @l]ng
director may reduce tower separation distance requirements, including
administratively approved separation distance reductions, if the purposes
and goals of this section would be better served; however, development of
multiple tower locations on a single site (often referred to as "antenna
farms") are specifically discouraged wherever possible.
J, Removal of abandoned towers.
1. Abandonment and removal. The owner or operator of any
abandoned tower shall notify the city's planning manager, in writing, of that
abandonment and shall remove the same within 90 calendar days. Failure
to remove an abandoned tower within 90 calendar days shall be grounds to
remove the tower at the owner's expense. If there are two or more users of
a single tower, then the city's right to remove the tower shall not become
effective until all users abandon the tower.
2. Partial abandonment and removal. If the antennas on any
tower are removed or relocated to a point where the top 20 percent or more
of the height of the tower is no longer in use, the tower shall be deemed
partially abandoned. The owner or operator of any partially abandoned tower
shall notify the city's planning manager, in writing, of that partial
abandonment and shall remove the partially abandoned poftion within 90
calendar days. Failure to remove a paftially abandoned tower within 90
calendar days shall be grounds to remove the abandoned portion of the
tower at the owner's expense.
Amend KCC 72.07, 72,04,75.02,
75.04, and 75.O8.O35, and 75.09
Ret Process and Procedures
209
3. Security and lien. Each applicant, prior to commencement of
construction, shall post sufficient security in the form of a bond, assignment
of funds, cashier's check, or cash, in a form acceptable to the city, to cover
the estimated cost of demolition or removal of the tower and support
structures, including complete site restoration. If for any reason the posted
funds are not adequate to cover the cost of removal, then the city may
charge the facility owner or operator with the city's total cost incurred in
removing the abandoned structures. If the owner or operator fails to make
full payment within 30 calendar days, then the amount remaining unpaid
shall become a lien on the facility property.
K. Nonconforming uses.
1. Preexisting towers. Preexisting towers shall be allowed to
continue their usage as they presently exist. Routine maintenance shall be
permitted. Any construction other than routine maintenance on a preexisting
tower shall comply with the requirements of this section.
2. Damage or destruction not the fault of owner/occupant. Bona
fide nonconforming WTFs that are damaged or destroyed without fault
attributable to the owner or entity in control may be rebuilt without first
having to obtain administrative approval or a minor conditional use permit
and without having to meet separation requirements. The type, height, and
location of the tower onsite shall be of the same type and intensity as the
original facility. Building permits to rebuild the facility shall comply with
applicable building codes and shall be obtained within 180 days from the
date the facility is damaged or destroyed. If no permit is obtained or if the
Amend KCC 72.07,72.04, !5.O2,
75,O+ and 75.O8,O35, and 75.09
Ret Process and Procedures
2LO
permit expires, the tower or antenna shall be deemed abandoned as
specified in subsection (J) of this section.
SECTION 76. - Amendment. Section 15.08,040 of the Kent City
Code entitled "Home Occupations" is amended as follows:
Sec. 15.O8.O4O. Home Occupations.
A. Purpose.It is the purpose of this section to outline general conditions
in which home occupations may be permitted in all zoning districts. These
conditions have been designed to help preserve the residential character of
the city's neighborhoods from commercial encroachment while recognizing
that certain selected business activities are compatible with residential uses.
B. Home occupations permitted. Home occupations which meet the
requirements of this section are permitted in every zone where a dwelling
unit was lawfully established. The requirements of this section shall not
apply to the following home occupations:
1. Home child care.
2. The sale of agricultural products produced on the premises
C. Development standards. All dwelling units in which a home occupation
is located must meet the following minimum development standards:
1. The residential character of the exterior of the building shall be
maintained.
Amend KCC 72.07, 72,04,75,02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
2tL
2. The outdoor storage or display of materials, goods, products,
or equipment is prohibited.
3. A home occupation shall not occupy more than three hundred
(300) square feet,
4. The sign regulations of Chapter 15.06 KCC shall apply
D. Performance standards. All home occupations must meet the
following minimum performance standards:
1. Employees. A home occupation may not employ on the
premises more than one (1) person who is not a resident of the dwelling
unit.
2. Traffic. The traffic generated by a horpe occupation shall be
limited to four (4) two (2) way client-related trips per day and shall not
create a need for additional onsite or offsite parking spaces.
3. Sale of goods and seruices. The sale of goods and services from
a home occupation shall be to one (1) customer at a time, by appointment
only, between the hours of 7:00 a,m. and 7:00 p.m,, Monday through
Saturday only.
4. Electrical or mechanical equipment usage. The use of electrical
or mechanical equipment that would change the fire rating of the structure
or create visual or audible interference in radio or television receivers or
electronic equipment or cause fluctuations in line voltage outside the
dwelling unit is prohibited.
Amend KCC 72,07, 72.04,75.O2r
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
272
5. Utility demand. Utility demand for sewer, water, electricity,
garbage, or natural gas shall not exceed normal residential levels.
6. Other criteria. There shall be no noise, vibration, smoke, dust,
odors, heat, glare, or other conditions produced as a result of the home
occupation which would exceed that normally produced by a single
residence, or which would create a disturbing or objectionable condition in
the neighborhood.
E. Permit required. A zoning permit is required as provided in KCC
15.09.020.
F. Special home occupation permits. A special home occupation permit
shall be required for the following home occupations:
1. Music lessons if more than one (1) student at a time or
otherwise not compliant with the development and performance standards
of subsections (C) and (D) of this section.
2. Dance lessons if more than one (1) student at a time or
otherwise not compliant with the development and performance standards
of subsections (C) and (D) of this section,
3. Art lessons if more than one (1) student at a time or otherwise
not compliant with the development and performance standards of
subsections (C) and (D) of this section.
Amend KCC 72.07, 72.O+ 75.02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
2t3
4. Academic tutoring if more than one (1) student at a time or
otherwise not compliant with the development and performance standards
of subsections (C) and (D) of this section.
5, Automobile detailing.
A special home occupation permit may only be issued as follows:
1. Application. Applications for a special home occupation permit
under this subsection shall be subject to the procedures and requirements
of Chapters.#*-and L2.0L KCC. The application fee for a special home
occupation permit shall be the sarne as fer administrative varianees unless
etherwise-esta b I ish ed by city co u n ci I reso I utio n .
2. Criteria for approval. In conducting @on an
application for a special home occupation permit, the h€aring
@shallconsiderthenatureandconditionsofall
adjacent uses and structures. A special home occupation permit may only
be approved by the if it is th€-+€aring
ffithatsuchpermitwillnotbemateriallydetrimentalto
the public welfare or injurious to the property in the zone or vicinity in which
the property is located, and that the issuance of such special home
occupation permit will be consistent with the spirit and purpose of this
section and subject to the applicable provisions of Chapter 12.01 KCC.
3. Conditions of approval. In approving a special home occupation
permit, the may impose such
requirements and conditions with respect to location, installation,
construction, maintenance and operation, and extent of open spaces in
Amend KCC 72.07,72.04, 15.02,
75,04, and 75.O8.O35, and 75.09
Re: Process and Procedures
2L4
addition to those expressly set forth in this section, as may be deemed
necessary for the protection of other properties in the zone or vicinity and
the public interest.
4. Issuance. Any special home occupation permit application
approved by the shall be forwarded to
the r issuance.
5. Appeal of decision. The decision of the hea{"ing
@onaspecialhomeoccupationpermitapplication
shall be final. Any appeal of the
decision shall be pursuant to the appeal provisions of €hapter-eh-l2.01
KCC.
G. Home occupations prohibited
1. The following uses, by the nature of their operation or
investment, have a pronounced tendency, once started, to increase beyond
the limits permitted for home occupations and impair the use and value of
zoning districts where dwelling units are lawfully established. Therefore, the
uses listed below shall not be permitted as home occupations:
a. Repair, body repair, building, or servicing of vehicles.
2. Home occupations prohibited by subsection (GXl) of this
section and which were operated lawfully in the city of Kent in compliance
with the provision of this chapter as of the date of passage may continue to
operate until October 18, 2004, after which date no prohibited home
occupations may lawfully operate in the city of Kent.
Amend KCC 72.07, 72.04, 75.02,
75.O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
215
SECTION 77, - Amendment. Chapter 15.09 of the Kent City Code
entitled "Administration" is amended as follows:
Sec. 15.O9.O1O. Development plan review.
A. Review of development plans shall be carried out by the planning
department for all buildings and structures hereafter erected, constructed,
structurally altered, repaired, or moved within or into any district requiring
development plan review and whenever a city permit is required, and for
the use of vacant land or for a change in the character of the use of land or
buildings, within any district requiring development plan approval.
B. The development plan review is an administrative review, the primary
purpose of which is to define and describe the needs of the particular site
covered by a development plan in reference to the requirements of this title.
The planning director shall make the final decision on development plan
review. Development plan review is categorized as a Process I application
and shall be subject to the applicable requirements of Ch. 12.01 KCC. Any
appeal from the final decision of the planning director shall be to the hearing
examiner in accordance with the requirements of Ch. 2.32 KCC and Ch.
LZ.OL KCC. In addition to the other requirements of this title, the planning
department shall approve a development plan only after the following
standards, as a minimum, when applicable, have been incorporated into the
development plan:
1. Storm drainage must be handled by each proposed
development in conformance with existing storm drainage plans and in
conformance with city policies for storm drainage.
Amend KCC 72.07, 72.04,75.02,
75.04, and 75.O8.O35, and 75,09
Re: Process and Procedures
2t6
2. A planned street system is a primary element of any
development plan proposed within the city and must be compatible with the
city's circulation plans. Development which is proposed in areas of the city
which have a planned street system which is a part of the comprehensive
plan or the city's six (6) year plan, and any other street plan, shall make
provisions for such streets and must not cause implementation of such street
plans to become unattainable because the street plan is considered
secondary to the development plan.
3. A pedestrian circulation system must become a part of any
development plan when the proposed development will generate or attract
pedestrians. The planning department shall conduct site plan review to
ensure that adequate parking is provided within close proximity to each unit
entrance.
4. The proposed development shall be compatible with existing
development adjacent to or within five hundred (500) feet of the property
line of the proposed development. Compatibility shall not refer to
architectural design features, but to siting of building and location of off-
street parking.
5. Efforts shall be made to preserve trees, natural vegetation,
creeks or other environmental amenities.
Sec. 15.O9.O2O. Zoning permit.
A. Toning permits shall be required for all grading permits, buildings and
structures hereafter erected, constructed, altered, repaired or moved within
Amend KCC 72.07, 72.04, r5.O2,
75.O+ and 75.O8.O35, and 75.09
Ret Process and Procedures
217
or into any district established by this title, and for the use of vacant land or
for a change in the character of use of land or buildings within any district
established by this title.
B. The zoning permit shall certify that the proposed use is in accordance
with the requirements and standards of this title, A zoning permit shall not
be issued until the development plan has been approved.
C. Zoning permits are categorized as Process I applications and shall be
subject to the applicable requirements of Ch. 12.01 KCC. Any appeal of the
final decision of the planning director shall be to the hearing examiner
pursuant to the applicable requirements of Ch.2.32 KCC and Ch. 12.01 KCC.
Sec. 15.O9.O3O. Conditional use permit.
A. Purpose
1. Conditional use permits, revocable, conditional or valid for a
time period may be issued by the hearing examiner for any of the uses or
purposes for which such permits are required or permitted by the terms of
this title. The purpose of the conditional use permit is to allow the proper
integration into the community of uses which may be suitable only on certain
conditions in specific locations in a zoning district, or if the site is regulated
in a particular manner. A conditional use permit is categorized as a Process
III application and shall be subject to the requirements of Ch.2.32 KCC and
ch. 12.01 KCC.
2. Any use existing at the time of adoption of this title which is
within the scope of uses permitted by a conditional use permit in the district
Amend KCC 72.O7r 72.04,75.02,
75.04, and 75,O8.O35, and 75.09
Re: Process and Procedures
218
in which the property is situated shall be deemed a conforming use without
necessity of a conditional use permit.
to apply fer a new eonditienal use Bermit iFthe'Blanning manager finds that
ien
B. Application
1. The owner or @ may make application for a
conditional use permit, which shall be ing
iled in accordance with the requirements of
ch. 12.01 KCC.
2. Development plans shall be submitted, drawn to scale, showing
the actual dimensions and shape of the lot to be built upon, the exact sizes
and locations on the lot of buildings already existing, if any, and the location
on the lot of the proposed building or alteration. The plans shall show
proposed landscaping, off-street parking, signs, ingress and egress and
adjacent land uses. The plan shall include other information as may be
required by the planning department.
C. Public hearing. The hearing examiner shall hold an open record public
hearing on any proposed conditional use, and shall give notice thereof in
accordance with the procedures established pursuant to Ch. 2.32 KCC and
KCC 12.01.130 and I2.OL.L4O.
Amend KCC 72.07, 12.04,75,02,
75.04, and 75.O8.O35, and 75.O9
Re: Process and Procedures
2L9
D, Standards and criteria for granting. A conditional use permit shall only
be granted after the hearing examiner has reviewed the proposed use to
determine if it complies with the standards and criteria set forth below and
in accordance with the requirements for Process III applications under Ch.
t2.OL KCC, A conditional use permit shall only be granted if such finding is
made.
1. The proposed use in the proposed location will not be
detrimental to other uses legally existing or permitted outright in the zoning
district.
2. The size of the site is adequate for the proposed use
3. The traffic generated by the proposed use will not unduly
burden the traffic circulation system in the vicinity.
4. The other performance characteristics of the proposed use are
compatible with those of other uses in the neighborhood or vicinity.
5. Adequate buffering devices such as fencing, landscaping or
topographic characteristics protect adjacent properties from adverse effects
of the proposed use, including adverse visual or auditory effects.
6. The other uses in the vicinity of the proposed site are such as
to permit the proposed use to function effectively.
7. The proposed use complies with the performance standards,
parking requirements and other applicable provisions of this title.
Amend KCC 72.07, 72.04, 15.02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
220
I Any other similar considerations may be applied that may be
appropriate to a particular case.
E. Action of hearing examiner. Special conditions may be imposed on
the proposed development to ensure that the proposed use will meet the
standards and criteria of subsection (D) of this section in granting a
conditional use permit. Guarantees and evidence that such conditions are
being complied with may be required.
F. Appeals. The decision of the hearing examiner shall be final. Any
appeal of the hearing examiner's decision shall be pursuant to the appeal
provisions of Ch. 12.01 KCC.
G. Period of validity. Any conditional use permit granted by the hearing
examiner shall remain effective only for three (3) years unless the use is
begun within that time or construction has commenced. If not in use or
construction has not commenced within three (3) years, the conditional use
permit shall become invalid.
H. Expansion; Any expansion of a conditional use may be reouired to
apply for a new conditional use permit if the expansion:
1. Exceeds the threshold of a minor conditional use permit under
KCC 15.09.032.C(2): or
2. Involves a use with significant external impacts (noise. odor,
vibration. glare, aesthetics). including but not limited to outdoor storaqe or
imoound lots.
Amend KCC 72.07, 72.O4t 75.02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
22L
Sec. 15.O9.O32. Minor Conditional use oermit.
A. Purpose:
1. Minor Conditional use permits, revocable, conditional or valid
for a time period may be issued by the planning director for any of the uses
or purposes for which such permits are required or permitted bv the terms
of this title. The ourpose of the minor conditional use permit is to allow for
uses with less of an impact to city infrastructure and surrounding orooerties
than those uses identified as conditional uses. but which mav reouire minor
conditions to ensure proper community inteqration. A minor conditional use
permit is categorized as a Process II aoplication and shall be subject to the
requirements of Ch. 12.01 KCC.
2. Any use existing at the time of adootion of this title which is
rrrifhin fha caana af rrcaa narmillal h.,r minnr nnnr{ifinnrl rrca narmif in flra
district in which the property is situated shall be deemed a conforminq use
without necessity of a minor conditional use permit.
B. Applt?afion: The owner or aqent mav aoplv for a minor conditional
use oermit in accordance with the requirements of Ch. 12.01 KCC.
C. Appf'cabrTify: A minor conditional use may onlv be granted in the
followinq situations, as deemed appropriate bv the planning director:
1. To allgw for minor conditional uses enumerated in the use
charts under kCC 15.04. or as otherward afforded bv this title.;
Amend KCC 72.07, 72.04, 15.02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
222
2. To allow the expansion of an existing; conditional use or minor
nnnrlifinnrl r rca rrrhin h rc nrarrinr r lrr haan narrniffarl relilhin fha 7n ha
classification, provided the requested exoansion is no greater than twenty
five percent (25olo) of the gross floor area of the existing conditional usei
and the orooosal is exempt from environmental review under the State
Environmental Policy Act (SEPA),;
?Ta rllnrrr far minar maz{ifiaa c nf nrnianf cnnna ar nnarrfinnal
characteristicsr such as hours of ooeration for a oreviously approved
conditional use or minor conditional use;; or
4 To allow fnr the revision nf nditions nlaced uDon a conditional
h
use or minor conditional use permit.
D. Condttrrcns for granfing: A minor conditional use permit shall only be
granted after the planning director has reviewed the orooosed use to
determine if it complies with the standards and criteria set forth below, and
in sraarAsnaa rrrifh flra raarriraman$-fnr Drnnaec TT rnnlinrtinnc rrndar fh
12.01 KCC.
1, The size of the site is adequate for the proposed use.
2, The peformance characteristics (as outlined in 15.08.050) and
ooerational aspects of the oroposed use are compatible with those of other
uses in the neighborhood or vicinitv.
?AAaar rnla hr rFFariaa Aattiaaa ctrnh ac fanainn lrnr{carninn nr
topograohic characteristics protect adjacent orooerties from adverse effects
of the proposed use. including adverse visual or auditory effects.
Amend KCC 72.07, 72.04,75.02,
15.04, and 75.O8.O35, and 75,09
Re: Process and Procedures
223
4. Anv other similar cons ons to address Dotential imoacts
to oublic infrastructure, nearby properties. or the community generallv, mav
hp annlicd if annrnnriatp fn a narticr rlar raca
tr Aalian aF nlsnaina tliraa*ar Cs I nnndifinnc mav ha imnncarl nn fha
nronosed develnnment to FnqrrrF that thp nrnnncpd rrcp will meef fhe
standards and criteria of subsection (D) of this section in granting a minor
conditional use oermit. Guarantees and evidence that such conditions are
being complied with may be required.
F. Appeals: The decision of the olanning director shall be final unless
aopealed. Any appeal of the planning director decision shall be pursuant to
the aooeal orovisions of Ch. 12.01 KCC.
12 DariaA aF ttaliAiht' Anrr minnr nrlifiirn,rl rrca narmif nrrnfad hrr fha
nlannino rlirectnr shall remain valirl nnlv fnr thrpe /?\ woarc unlpcc fhe rrqe
is begun within that time or construction has commenced. If not in use or
construction has not commenced within three (3) vears. the minor
conditional use permit shall become invalid.
Sec. 15.O9.O4O. Variances. The hearing examiner shall have the
authority to grant a variance where practical difficulties, unnecessary
hardships and results inconsistent with the general purposes of this title
might result from the strict application of certain provisions. A variance may
not be granted to allow a use that is not in conformity with the uses specified
by this title for the district in which the land is located. (Note: Sign variances
are heard by the city hearing examiner.)
Amend KCC 72.07, 72.04,75.021
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
224
A. Application. The owner or @ may make
appl+eatienruBly for a variance, which shall be
+en
for a varianee shall be filed in accordance with the requirements of Ch. 12.01
KCC.
1. A variance is categorized as a Process III application and shall
be subject to the requirements of Ch, 12.01 KCC.
B. Public hearing. The hearing examiner shall hold an open record public
hearing on any proposed variance in accordance with the requirements of
Ch.2.32 KCC and Ch. 12.01 KCC.
C. Conditions for granting. Before any variance may be granted, it shall
be shown and the hearing examiner shall find that:
1. The variance shall not constitute a grant of special privileges
inconsistent with a limitation upon uses of other properties in the vicinity
and zone in which the property on behalf of which the application was filed
is located;
2. Such variance is necessary, because of special circumstances
relating to the size, shape, topography, location, or surroundings of the
subject property, to provide it with use rights and privileges permitted to
other properties in the vicinity and in the zone in which the subject property
is located; and
Amend KCC 72.07, 72.O+ 75.02,
75.O+ and 75,O8.O35, and 75.O9
Re: Process and Procedures
225
3. The granting of such variance will not be materially detrimental
to the public welfare or injurious to the property or improvements in the
vicinity and zone in which the subject property is situated.
D. Appeals. The decision of the hearing examingr shall be final. Any
appeal of the hearing examiner's decision shall be pursuant to the appeal
provisions of Chapter 12,01 KCC.
E. Period of validity. Any variance authorized by the hearing examiner
shall remain effective onlyforthree (3) years, unlessthe use is begun within
that time or construction has commenced. If not in use or construction has
not commenced within three (3) years, the variance shall become invalid.
Sec. 1 5.O9.O42. Ad ministrative variances.
A.Scope.Theplanning@shallhavetheauthorityto
grant an administrative variance for up to twenty-five (25) percent of the
numerical zoning code standard for setbacks, lot coverage, and building
height as provided in this title.
B. Application. The owner or h+slher__lheir -agent may rna*e
aeeli€atieneBply for an administrative variance, which shall be on a form
preseribed by the planning manager and filed in accordance with the
reouirements of Ch. LZ.OL KCC.An
administrative variance is classified as a Process II application and shall be
subject to the applicable requirements of Chapter 12,01 KCC. +heptanning
Amend KCC r.2.O7, 72.O+ 75.02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
226
C. Conditions for granting an administrative variance. The planning
maftagerdireclAlmay grant an administrative variance if it is shown that:
1. The administrative variance does not detract from the desired
character and nature of the vicinity in which it is proposed;
2. The administrative variance enhances or protects the character
of the neighborhood or vicinity by protecting natural features, historic sites,
open space, or other resources;
3. The administrative variance does not interfere with or
negatively impact the operations of existing land uses and all legally
permitted uses within the zoning district it occupies; and
4. Granting the administrative variance does not constitute a
threat to the public health, safety, and welfare within the city.
D. Appeals. Appeals of the planning manag€Fdirectolshall be submitted
withinfourteen(14)calendardaysofthedateofthe@
decision and shall be in accordance with the requirements of KCC 12.01;{99.
E, Fee, The fee fer an administrative varianee shall be ene hundred
Oo+tars-$+ee)=
Amend KCC 72.07, f2.O+ 75.02,
75.O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
227
Sec. 15.O9.O45. Administrative design review.
A. Purpose and scope. Administrative design review is an administrative
process, the purpose of which is to implement and give effect to the
comprehensive plan, its policies, or parts thereof through the adoption of
design criteria for development relative to site layout, landscape
architecture, and exterior structure design. It is the intent of the city that
this process will serve to aid applicants in understanding the principal
expectations of the city concerning design, and encourage a diversity of
imaginative solutions to development through the planning services division
review and application of certain criteria. These criteria have been
formulated to improve the design, siting, and construction of development
projects so as to be compatible, both visually and otherwise, with the
topographic, open space, urban, or suburban characteristics of the land or
adjacent properties, while still maintaining allowable densities to be applied
in a manner consistent with established land use policies, the comprehensive
plan, this title, and community development goals of the city.
The adoption of design criteria is an element of the city's regulation of land
use, which is statutorily authorized. Application of the multifamily design
process to the design criteria adopted in this section is established as an
administrative function delegated to the planning services division pursuant
to RCW Title 35A; therefore, in implementing the administrative design
review process, the planning director may adopt such rules and procedures
as are necessary to provide for expeditious review of proposed projects.
Further rules may be promulgated for additional administrative review.
B. Application and review process. Administrative design review process
is classified as a Process II application and shall be subject to the applicable
Amend KCC 72.07, 12.04,75.02,
75.04, and 75.O8,O35, and 75.09
Re: Process and Procedures
228
requirements of Chapter tz.Ot KCC. The applicant must make application
for the design review process in accordance with the reouirements of Ch
12.01 KCC. en ferms preyided by , Upon
receipt of an application for design review, the planning director shall
circulate the application to the public works director, building official, and
the city administrator for review. Prior to making a final decision, the
planning director shall review any comments submitted for consideration. In
the administration of this process, the planning director may develop
supplementary handbooks for the public, which shall pictorially illustrate and
provide additional guidance on the interpretation of the criteria set forth in
subsections (C) and (D) of this section, as well as a detailed explanation of
the design review process.
C. Residential design review.In order to diminish the perception of bulk,
and provide visual interest along residential home facades that face public
areas, architectural design considerations shall be applied. This design
review shall be applied administratively as part of the building permit review
process for each new home.
1. Orientation of homes. The entry facade of each dwelling unit
shall be generally oriented toward the highest classification street from
which access to the lot is allowed, unless otherwise approved by the planning
director based on existing context of surrounding development.
2. Attached units. A building that contains a grouping of attached
units shall not exceed a 200-foot maximum length and shall be separated
from other groups of attached units by a minimum 15 feet.
Amend KCC 72.07, 72,04,75.02,
75.O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
229
3. Architecture. Each dwelling unit facade that faces a public area
shall, at a minimum, incorporate architectural elements as follows:
a, Two elements of facade modulation or roofline variation.
Facade modulation elements shall have a minimum width of eight feet and
a minimum depth of three feet. Roofline variation elements shall have a
minimum horizontal or vertical offset of three feet and a minimum variation
length of eight feet;
b. The maximum horizontal facade length without one
element of either facade modulation or roofline variation shall be 20 feet;
and
c. Three architectural detail elements.
4. Garages. Dwelling units within subdivisions and short
subdivisions shall provide diminished garage doors according to the
percentage and locations approved with the subdivision and short
subdivision.
D. Multifamily design review. The planning services division shall use the
multifamily design guidelines as an adopted element of the city's regulation
of.land use, which is statutorily authorized, in the evaluation or conditioning
of applications under the multifamily design review process.
E. fReserved].
Amend KCC 72.07, 72.04,75.02,
75,04, and 75.O8.O35, and 75.09
Re: Process and Procedures
230
F. Mixed use design review. The planning services division shall use the
following criteria in the evaluation and/or conditioning of applications under
the mixed use design review process when a project includes residential use:
1. The following criteria should apply to all mixed use with a
residential component development:
a. Some common recreation space roofs, terraces, indoor
rooms, courtyards.
b. Lighting features that are shielded, directing light
downwards
c. The residential portion of the building should incorporate
residential details, such as window trim, trellises, balconies, and bay
windows.
d. The residential component should have an obvious,
generous entrance, within features suggesting a "front door," for example,
a lobby, trellis, gate, archway, or courtyard.
2. The following criteria shall apply to mixed use development
a. If the residential component is located away from the
main street, a landscaped pedestrian path should be provided between the
entrance and public sidewalk.
Amend KCC 72.07, 72.04, 75.02,
75.O+ and 75.O8,O35, and 75.09
Re: Process and Procedures
23t
b. Although the commercial and residential components
may have different architectural expressions, they should exhibit a number
of elements that produce the effect of an integrated development,
c. Surface parking should be generously landscaped to
serve as an amenity. Lighting fixtures should not exceed the height of the
first floor,
3. The following criteria shall apply to mixed use buildings with a
residential component:
a, Parking lots, if used, should be divided into small
increments, separated by landscaping and structures, so that parking does
not dominate the site.
b. Articulated by use of different materials, generous
windows with low sill heights, "store" doors, canopies, and planters.
c. Residential floors should be expressed in an obvious
manner, with stepbacks, change in materials or color, and overhangs.
d. Commercial signs should be contained within the first
floor commercial base and not extend up into the residential floor facades.
G. Transit-oriented community design review. The planning services
division shall use the following criteria in the evaluation or conditioning of
applications under the transit-oriented community design review process:
Amend KCC 72.07, 72.04, 75.02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
232
1. The Midway Design Guidelines as an adopted element of the
city's regulation of land use, which is statutorily authorized, shall apply to
all development with a land use plan map designation of transit-oriented
community.
i
2. Residential use design review.In addition to the Midway Design
Guidelines, the following design requirements apply to residential uses and
development:
a. Openings from the build-to line, When a residential unit
has direct access to the public domain, a 10-foot front yard shall be
provided. When residential units have access through a main location, such
as an atrium, courtyard, or other main entryway, said access shall be at the
build-to line.
b. Open space. Residential development shall provide not
less than 20 percent of the gross land area for common open space, which
shall be:
i. Designed to provide either passive or active
recreation;
ii. If under one ownership, owner shall be
responsible for maintenance;
iii. If held in common ownership by all owners of the
development by means of a homeowners'association, said association shall
be responsible for maintenance. If such open space is not maintained in a
reasonable manner, the city shall have the right to provide for the
Amend KCC 72.07,72.O+ 75.02,
t5.O4t and 75.O8.O35, and 75.09
Re: Process and Procedures
233
maintenance thereof and bill the homeowners' association accordingly. If
unpaid, such bills shall be a lien against the homeowners'association; or
iv. Dedicated for public use if accepted by the city
legislative authority or other appropriate public agency.
c. Storage of recreational vehicles. The storage or parking
of recreational vehicles shall be prohibited.
H. Appeals. The decision of the planning director to condition or reject
any application under the administrative design review process is final unless
an appeal is made by the applicant or any party of record to the hearing
examiner within 14 calendar days of either the issuance of the director's
conditional approval under this section of any application, or the director's
written decision rejecting any application under this section. The appeal shall
be conducted by the hearing examiner as an open record appeal hearing in
accordance with the requirements of Chapters 2.32 and 12.01 KCC. The
decision of the hearing examiner shall be final unless an appeal is made to
the superior court within 21 calendar days after the hearing examiner's
notice of decision.
Sec. 15.O9,046. Downtown design review - Downtown Design
Review Guidelines and Meeker Street Streetscape Design and
Construction Standards.
A. Purpose and scope.
1. Downtown design review is an administrative process, the
purpose of which is to implement and give effect to the downtown subarea
Amend KCC 72.07, 72,04,75.02,
75.O+ and 75.O8.O35, and 75.09
Re.' Process and Procedures
234
action plan and its policies or parts thereof. The Downtown Design
Guidelines, adopted in subsection (D) of this section, apply to all
development located within the downtown area, as shown on the map
following this section, except as noted below:
a. Section 3 of the Downtown Design Guidelines, titled
"Sidewalks and Streetscape Features," shall not apply to that portion of the
downtown area that fronts Meeker Street; instead, the Meeker Street
Streetscape Design and Construction Standards adopted by council through
Ordinance No.4262 on December L2,2017, shall apply, as those standards
may be amended from time to time. All other sections of the Downtown
Design Guidelines still apply.
It is the intent of the city that this process will serve to aid applicants in
understanding the principal expectations of the city concerning development
in the downtown area and encourage a diversity of imaginative solutions to
development through the review and application of the Downtown Design
Guidelines. These guidelines have been formulated to ensure that the
design, siting, and construction of development will provide a quality
pedestrian-oriented urban environment in a manner consistent with
established land use policies, the comprehensive plan, and the zoning code
of the city.
2. The adoption of the Downtown Design Guidelines is an element
of the city's regulation of land use, which is statutorily authorized. The
downtown design review process adopted herein is established as an
administrative function delegated to the city's economic and community
development depaftment pursuant to RCW Title 35A. Therefore, in
implementing the downtown design review process, the eeenemie+nd
Amend KCC 72.07,72.04, 75.02,
75.04, and 75.O8.O35, and 75.09
Re; Process and Procedures
235
may adopt such rules
and procedures as are necessary to provide for review of proposed projects.
3. All development within the downtown area, or within the GC,
GC-MU, CC-MU, or MR-M zoning districts along the Meeker Street Corridor
between 64th Avenue South and Kent-Des Moines Road, which roadway
section is hereby classified a Class B pedestrian street, shall be subject to
the Downtown Design Guidelines. If development occurs within that portion
of the Meeker Street Corridor that lies between Kent-Des Moines Road on
the west and Central Avenue on the east, it shall further comply with the
Meeker Street Streetscape Design and Construction Standards adopted by
council through Ordinance No. 4262, as those standards may be amended
from time to time.
4. The downtown design review process is distinct from the
multifamily design review process set forth in KCC 15.09.045(D).
Applications for multifamily development within the DC, DCE, DCE-T, GC-
MU, CC-MU, MR-M, and MRT-16 zoning districts that are also within the
downtown area or along the Meeker Street Corridor between 64th Avenue
South and Kent-Des Moines Road shall be subject to this section.
B, Application and review process. The downtown design review process
is administrative and is conducted as part of the permit review process. The
applicant must make application for the design review process en ferms
accarrfancp with fhp ronrrirprnenfc nf Ch 1) n1 K?C Upon receipt of an
application for design review, the
planning director shall circulate the application to the appropriate city
departments and offices for review. Prior to issuing a final decision, the
Amend KCC 72.07, 72.04, 75.02,
15.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
236
director shall review any comments submitted for consideration. In the
administration of this process, the department may develop supplementary
handbooks for the public, which shall pictorially illustrate and provide
additional guidance on the interpretation of the criteria set forth in the
Downtown Design Guidelines.
€, Desrgn revievv eemmrTfee, There is hereby established the downtewn
iens
for downtown design review as deseribed in the l(ent Downtewn Design
gD. Downtown Design Guidelines and Meeker Street Streetscape Design
and Construction Standards - Adoption. The downtown4esigrn+eview
shallusetheDowntownDesignGuidelinesinthe
evaluation and/or conditioning of applications under the downtown design
review process. The Downtown Design Guidelines, entitled "Kent Downtown
Design Guidelines," are hereby adopted by this reference as authorized
pursuantto RCW 35A.12.140 and shall be placed on file in the offices of the
city clerk and the economic and community development department. With
respect to the Meeker Street Corridor from Kent-Des Moines Road to Central
Avenue, development projects shall additionally comply with the Meeker
Street Streetscape Design and Construction Standards, adopted by council
through Ordinance No. 4262 on December L2, 20t7, as may be amended.
For those development projects within the downtown area identified in the
Amend KCC 72.07, 72.04, 75.02,
75.04, and 75.O8,O35, and 75.09
Re: Process and Procedures
237
map below and along the Meeker Street Corridor, the Downtown Design
Guidelines are superseded with those for the Meeker Street Streetscape
Design and Construction Standards, and if there is a conflict between the
two standards, the Meeker Street Streetscape Design and Construction
Standards will control.
DE. Appeals. The decision of the igm+eview
o approve, approve with conditions, or reject
any application under the downtown design review process is final unless an
appeal is made to the hearing examiner within 14 calendar days of either
the issuance of the approval or rejection of
any application under this section. Appeals to the hearing examiner shall be
conducted as set forth in Chapters :1201 arul 2.32 KCC. The decision of the
hearing examiner shall be final, unless an appeal is made to the King County
superior court, within 21 calendar days of the date of the issuance of the
decision, pursuant to Chapter 36.70C RCW.
Amend KCC 72.07, 72.04,75,02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
238
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administration of this process, the department may develop supplementary
handbooks for the public, which may pictorially illustrate and provide
additional guidance on the interpretation of the criteria set forth in the
industrial design guidelines.
,'
C. Applicability. Industrial design review shall apply to all new
construction, enlargement of existing buildings and structures, as well as
changes of use, as follows:
1. New construction or enlargement.
a. Buildings constructed or enlarged. For enlargement of
existing building, 10 percent of improvement value shall be invested in
building or site improvements consistent with the industrial design
guidelines. Specific improvements shall be approved by the planning
managerdjreelqf_as paft of building permit review, Improvement value shall
be assessed according to the most recently published International Code
Council building valuation data.
b. Other structures or exterior use areas constructed or
enlarged. For enlargement of existing structures or use areas, 10 percent of
improvement value shall be invested in building or site improvements
consistent with the industrial design guidelines. Specific improvements shall
beapprovedbytheplanning@aspartofbuildingpermit
review. Improvement value shall be assessed according to the most recently
published International Code Council building valuation data.
2. Change in use. When the occupancy of any land use, structure
or building, or any part of a building, structure or land use, is changed to
Amend KCC 72,07, 72.04, 15.02,
75.O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
240
another use, the industrial design guidelines shall apply, with the following
exceptions:
a. Change of use from warehousing and distribution to
manufacturing uses.
b. Change of use from warehousing and distribution to
complexes which include a combination of uses, including a mixture of office,
storage, commercial, and manufacturing uses.
c, Change of use from warehousing and distribution to
research, development, and testing.
3. For change in use, 10 percent of improvement value shall be
invested in building or site improvements consistent with the industrial
design guidelines. Specific improvements shall be approved by the planning
managerdjreclqf. Improvement value shall be assessed according to the
most recently published International Code Council building valuation data.
D. Industrial Design Guidelines Adoption. The planning manager
director shall use the industrial design guidelines in the evaluation and/or
conditioning of applications under the industrial design review process. The
industrial design guidelines, entitled "City of Kent Industrial Design
Guidelines ," are hereby adopted by this reference as authorized pursuant to
RCW 35A.I2.L4O and shall be placed on file as adopted and amended
hereafter in the offices of the city clerk and the economic and community
development depa rtment.
Amend KCC 72.07, 72.04,75.02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
24t
E.Appeals.Thedecisionoftheplannin9@oapproVe,
approve with conditions, or reject any application under the industrial design
review process is final unless an appeal is made to the hearing examiner
within 14 calendar days of either the issuance of the planning rnanageFb
director's approval or rejection of any application under this section. Appeals
to the hearing examiner shall be conducted as set fofth in Chapter 2.32 KCC.
The decision of the hearing examiner shall be final, unless an appeal is made
to the King County superior court, within 21 calendar days of the date of the
issuance of the decision, pursuant to Chapter 36.7OC RCW.
Sec. 15.O9.O5O. Amendments. This title may be amended by the
city council by changing the boundaries of zoning districts (rezones which
change the official zoning map) or by changing any other provisions thereof
(text amendments which add, delete, or otherwise modify the text of this
title) whenever the public necessity and convenience and the general welfare
require such amendment, by following the procedures of this section,
A, Initiation. An amendment may be initiated as follows:
1. Amendments to the text of this title and official zoning map
amendments may be initiated by resolution of intention by the city council.
Text amendments are heard by the land use and planning board and city
council; zoning map amendments are heard by the hearing examiner. In the
case of area-wide zoning or rezoning, both text amendments and zoning
map amendments may be heard by the land use and planning board and
city council in accordance with Chapter 12.01 KCC.
2. Amendments to the text of this title may be initiated by
resolution of intention by the land use and planning board.
Amend KCC 72.07, 72.O+ 75.02,
15.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
242
3. Official zoning map amendments (rezones), including the
application of the "C" suffix, may be initiated by application of one or more
owners, or their agents, of the property affected by the proposed
amendment, which shall be made on a form prescribed by the planning
department and filed with the planning department. The application shall be
submitted in the manner required for Process IV applications. The hearing
examiner shall consider the application in an open record predecision
hearing in accordance with Chapters 2.32 and 12.01 KCC.
B. Public hearing. The hearing examiner shall hold an open record
predecision hearing on any proposed amendment, and shall give notice
thereof in accordance with the requirements of Chapter 12.01 KCC.
C. Standards and criteria for granting a request for rezone. The following
standards and criteria shall be used by the hearing examiner and city council
to evaluate a request for rezone. Such an amendment shall only be granted
if the city council determines that the request is consistent with these
standards and criteria and subject to the requirements of Chapter 12.01
KCC.
1. The proposed rezone is consistent with the comprehensive
plan
2. The proposed rezone and subsequent development of the site
would be compatible with development in the vicinity.
Amend KCC 72.07, 72.04,75.02,
75.O+ and 75.O8.O35, and 75,O9
Re: Process and Procedures
243
3. The proposed rezone will not unduly burden the transportation
system in the vicinity of the property with significant adverse impacts which
cannot be mitigated.
4. Circumstances have changed i substantially since the
establishment of the current zoning district to warrant the proposed rezone.
5, The proposed rezone will not adversely affect the health,
safety, and general welfare of the citizens of the city.
6. [Reserved]
D. [Reserved].
E. Rezone to mixed use overlay. The hearing examiner and the city
council shall use the standards and criteria provided in subsection (C) of this
section to evaluate a request for expanding the boundaries of the mixed use
overlay boundary which is located in the GC and CC zoning districts. In
addition, the hearing examiner and city council shall evaluate a request for
expanding the mixed use overlay using the following standards and criteria
as well. Such an amendment shall only be granted if the city council
determines the request is consistent with these standards and criteria and
subject to the requirements of Chapter 12.01 KCC.
1. The proposed rezone is contiguous to an existing mixed use
overlay area, or is at least one acre in size.
Amend KCC 72.07, 72.O+ 75.02,
75,04, and 75.O8.O35, and 75.09
Re: Process and Procedures
244
2. The proposed area is located within close proximity to existing
residential uses and existing commercial uses which would support
residential use.
3. The proposed area is located in close proximity to transit stops,
parks, and community facilities.
F. Rezoning to MR-T. The hearing examiner and the city council shall use
the standards and criteria provided in subsection (C) of this section to
evaluate a request for rezone to MR-T. In addition, the hearing examiner
and city council shall evaluate a request for MR-T using the following
standards and criteria as well. Such an amendment shall only be granted if
the city council determines the request is consistent with these standards
and criteria and subject to the requirements of Chapter 12.01 KCC,
1. The proposed rezone site is adjacent to or has convenient
access to an arterial street to ensure that the traffic accessing the MR-T
development minimizes the disruption to single-family residential
neighborhoods.
G. Recommendation of hearing examiner. Following the public hearing
provided for in this section, the hearing examiner shall make a repoft of
findings and recommendations with respect to the proposed amendment and
shall forward such to the city council, which shall have the final authority to
act on the amendment.
H. City council action/appeal
Amend KCC 72.07, 72.04,75.02,
t5.O+ and 75,O8.O35, and 75.09
Re: Process and Procedures
245
1. The city council shall, at a regular public meeting, consider the
recommendation and issue a final decision. The decision of the city council
is appealable to the King County superior court within 21 calendar days from
the issuance of a notice of decision and in accordance with the requirements
of Chapter L2.Ot KCC and Chapter 36.70C RCW.
2. If the application for an amendment is denied by the city council,
the application shall not be eligible for resubmittal for one year from date of
the denial, unless specifically stated to be without prejudice. A new
application affecting the same property may be submitted if, in the opinion
of the hearing examiner, circumstances affecting the application have
cha nged substantially.
Sec. 15.O9.O55. Zoning of annexed lands.
A. Purpose. It is the purpose of this section to provide a procedure to
ensure that the initial zoning of annexed territories is in conformance with
city goals, policies, and plans.
B. Determination of planning director. Whenever the council shall
determine that the best interest and general welfare of the city would be
served by annexing territory, the planning director will cause an examination
to be made of the comprehensive plan of the city. If the city council
determines that the comprehensive plan is not current for the area of the
proposed annexation, the planning director will cause an application to be
made to the land use and planning board for an update of the comprehensive
plan. In addition, the planning director will cause an application to be filed
with the land use and planning board for an initial zoning recommendation.
Amend KCC 72.07, 72.04, 15.02,
75.O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
246
C, Recommendation of the land use and planning board
1. Comprehensive plan. Upon application by the planning director,
the land use and planning board shall hold at least one (1) open record
public hearing to consider the comprehensive plan for the area of the
proposed annexation. Notice of the time, place, and purpose of such hearing
shall be mailed to all property owners in the area to be annexed and given
by publication in a newspaper of general circulation in the city and in the
area to be annexed at least ten (10) calendar days prior to the hearing.
Upon completion of the hearing, the land use and planning board shall
transmit a copy of its recommendations for the comprehensive plan to the
council for its consideration.
2. Initial zoning.ln addition, the land use and planning board shall
hold at leastone (1) open record public hearing to considerthe initial zoning
for the area of the proposed annexation. Notice of the time, place, and
purpose of such hearing shall be mailed to all property owners in the area
to be annexed and given by publication in a newspaper of general circulation
in the city and in the area to be annexed at least ten (10) calendar days
prior to the hearing.
D. City council action.
1. Comprehensive plan. Within sixty (60) calendar days of the
receipt of the recommendation from the land use and planning board for the
comprehensive plan for the area of the proposed annexation, the city council
shall consider the comprehensive plan at a public meeting. The council may
approve or disapprove the comprehensive plan as submitted, modify and
approve as modified, or refer the comprehensive plan back to the land use
Amend KCC 72.07, 72.04,75.02,
75.O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
247
and planning board for further proceedings, If the matter is referred to the
land use and planning board, the council shall specify the time within which
the land use and planning board shall report back to the council with findings
and recommendations on the matters referred to it, An affirmative vote of
not less than a majority of the total members of the council shall be required
for approval.
2. Initial zoning. Upon receipt of the recommendations of the land
use and planning board for the initial zoning of the area of the proposed
annexation, the council shall hold two (2) or more public hearings at least
thirty (30) calendar days apart. Notice of the time and place and purpose of
such hearing shall be given by publication in a newspaper of general
circulation in the city and in the area to be annexed at leastten (10) calendar
days prior to the hearing. The ordinance adopting the initial zoning may
provide that it will become effective upon the annexation of the area into
the city. The city clerk shall file a certified copy of the ordinance and any
accompanying maps or plats with the county auditor.
Sec. 15.O9.060. Administrative interpretation generally. The
planning director may make interpretations of the provisions of this title.
Such administrative interpretations shall include determinations of uses
permitted in the various districts, and approval or disapproval of
development plans and zoning permits. Other interpretations may be made
as specific circumstances arise which require such interpretations. The
purpose of such administrative interpretations is to provide a degree of
flexibility in the administration of this title while following the intent of the
city council. Administrative interpretations are subject to applicable
requirements of Process I applications per Ch. 12.01 KCC.
Amend KCC 72,07, ,2.O4, !5.O2,
75.04, and 75,O8,O35, and ,5.O9
Re: Process and Procedures
248
Sec. 15.O9.065. Interpretation of uses.
A. Land uses which are listed as principally permitted uses in the Land
Use Tables shall be permitted subject to the review processes, standards,
and regulations specified in Title 15. If a use is not listed in the Land Use
Tables, it shall be considered to be a prohibited use unless the planning
director determines it to be a permitted use following the process outlined
below. If a proposed use is not specifically listed in the Land Use Tables, an
applicant may request from the planning director an interpretation as to
whether or not such use is a permitted use. In determining whether a
proposed use closely resembles a use expressly authorized in the applicable
zoning district(s), the planning director shall utilize the following criteria:
1. The use resembles or is of the same basic nature as a use
expressly authorized in the applicable zoning district or districts in terms of
the following:
a. The activities involved in or equipment or materials
employed in the use;
b. The effects of the use on the surrounding area, such as
traffic impacts, noise, dust, odors, vibrations, lighting and glare, and
aesthetic appearance.
2. The use is consistent with the stated purpose of the applicable
district or districts.
3. The use is compatible with the applicable goals and policies of
the Comprehensive Plan.
Amend KCC 72.07, 72.04, 15,02,
75.O+ and 75.O8.O35, and 75.09
Re: Process and Procedures
249
B. A record shall be kept of all interpretations and rulings made by the
planning director. Such decisions shall be used for future administration. The
planning director shall report decisions to the land use and planning board
when it appears desirable and necessary to amend this code. The planning
director's determination is classified as a Process I application and shall be
processed and subject to the applicable requirements of Ch. 12.01 KCC and
may be appealed as provided in Ch. 12,01 KCC.
C. Appeals. Any appeal from the planning director's determination shall
be an open record appeal hearing and shall be filed in accordance with the
procedures established for Process I applications under Ch. 12,01 KCC.
Sec. 15.O9.O7O Appeal of administrative interpretations.
A. Any appeal of administrative decisions relating to the enforcement or
interpretation of this title, unless otherwise specifically provided for in this
chapter, shall be in writing, and shall be filed with the planning department
within fourteen (14) calendar days after such decision, and in the manner
set forth in Ch. 12.01 KCC.
B. The appeal shall be heard by the hearing examiner, and the hearing
examiner shall render nis-effi decision in accordance with the
requirements of Ch. 2.32 KCC and Ch. 12.01 KCC.
Sec. 15.O9.O8O. Revocation of permits or variances. Any zoning
permit, planned unit development permit, conditional use permit or variance
granted in accordance with the terms of this title may be revoked if any of
Amend KCC 72.07, 72.04, 75.02,
75.04, and 75,O8.O35, and 75.09
Re: Process and Procedures
250
the conditions or terms of such permit or variance are violated, or if any law
or ordinance is violated in connection therewith.
Sec, 15.O9.O9O Performance standards procedures. The
planning director shall have the power to authorize the following procedures
prior to the issuance of a zoning permit for industrial uses as provided for in
the several industrial districts:
A, Application for zoning permit. An application for a zoning permit for a
use subject to performance standard procedures shall be submitted by the
owner or his-the_olglCl's_agent in accordance with the requirements of Ch.
12,01 KCC.dHBlieate en a form p . The
applicant shall also submit in duplicate a plan of the proposed machinery,
processes and products, and specifications for the mechanisms and
techniques to be used in restricting the creation or emission of dangerous
and objectionable elements as set forth in KCC 15.08.050(D). The applicant
shall also provide such supporting scientific, technical or other data or
information as is necessary to establish that the use will comply with the
performance standards set forth in KCC 15.08.050.
B, Review by expert consultants. The planning director, upon obtaining
approval of the costs by the city council, may refer the application for review
and report to one (1) or more expert consultants qualified to advise as to
whether a proposed use will conform to the applicable performance
standards specified in KCC 15.08.050 in a manner set fofth in the
application. A copy of such report shall be filed with the planning department
for inspection by interested persons.
Amend KCC 72.07, ,2.O4, 15.02,
75,O4t and 75.O8.O35, and 75.09
Re: Process and Procedures
25t
C. Review by planning director. Within thirty (30) days after the planning
department has received the application provided for in this section, or
within such period as agreed to by the applicant, the planning director shall
decide whether the proposed use will conform to the applicable performance
standards, and on such basis shall authorize or refuse to authorize issuance
of a zoning permit, or require a modification of the proposed equipment or
operation. Any zoning permit so authorized and issued shall be conditioned
upon, among other things, the applicant's completed buildings and
installations conforming in operation to the applicable performance
standards.
D. Continued enforcement.
1, The planning depaftment shall investigate any purported
violation of performance standards. For the purpose of investigating such
violations, the planning director may employ qualified experts.
2. After investigation, on due notice to the alleged violator, the
planning director may order the violations corrected within a prescribed
period of time, and if such violations are not so corrected may order the
violator to cease and desist from carrying on that portion of the operation
or process causing a violation.
E. Violations. If violation has occurred, the planning director shall repoft
to the city attorney if the violation was wilful or likely to occur again, and
the city attorney may order the violator to take such steps as are necessary
to ensure future compliance with this chapter. The procedure provided in
this subsection shall not be exclusive, and, if the violation has been wilful or
Amend KCC 72,07, 72,04, 75.02,
15.04, and 75.O8.O35, and 75,09
Re.' Process and Procedures
252
without reasonable justification the violator may be prosecuted as for a
misdemeanor.
Sec. 15.O9.O95. Cleanup of solid waste and hazardous waste
facilities. Application of land use and zoning regulations contained in Ch.
15.04 KCC, off-street parking and loading requirements of Ch. 15.05 KCC,
landscaping regulations of Ch. L5.O7 KCC, general and supplemental
provisions of Ch. 15.08 KCC, and administration provisions of Ch. 15.09 KCC
relating to development plan review, zoning permits and conditional uses
relating to the required cleanup of solid waste and hazardous waste facilities
under this title shall be governed under procedures and requirements as set
forth in KCC 11.02.060.
Sec. 15.O9.3OO. Responsibility for establishment of lot lines
and setback lines. Notwithstanding any provisions in this title to the
contrary, the city shall have no duty to verify or establish lot lines or setback
lines at a development. The location of lot lines or setback lines at a
development and construction related thereto shall be the responsibility of
the applicant and owner,
SECTION 78 Contemporaneously passed ordinances.
Amendments reflected in this ordinance are changes to the Kent City Code
as it existed on October 20, 2020, prior to the meeting at which the
ordinance was passed by the council. It is recognized that another ordinance
that amends some of the same sections as this ordinance was passed by
the council on the same date. These two ordinances shall be considered
approved contemporaneously for the purposes of revising the code. The
code reviser is instructed to incorporate the amendments of both ordinances
into the Kent City Code as if passed as one ordinance.
Amend KCC 72.07, 72.04,75.02,
75.04, and 75.O8.O35, and 75.09
Re: Process and Procedures
253
SECTION 79, - SeverabiliV. 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 20. - Corrections bv Citv 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.
ECTION 27. - Effective Date. This ordinance shall take effect and
be in force 30 days from and after its passage, as provided by law.
ea^r-
DANA MLPH,
ATTEST:
BE KOMOTO,CLERK
APPROV
UR*
October 20. 2020
Date Approved
October 20. 2020
Date Adopted
October 23. 2020
Date Published
KI
CITY ATTORNEY
Amend KCC 72.07,72.O+ 75.02,
75.04, and 75.O8,O35, and 75.09
Re: Process and Procedures
254
Classified Proof
- City of Kent, City Clerk - LEGAL ADS
220 Fourth Ave S
Kent, WA, 98032
1426
- Legal Notices
rclnn020
10/23/2020
I
Kent Reporter
9470 - Jennifer Tribbett
856-5728
KOMOTO
oRD 4172-4373
8280
10 I I 5 12020, 02:01 :07 pm
(360) 802-8212
jtribbett@courierherald.com
$93.03
$0.00
$0.00
$93.03
$0.00
Proofed by Jennifer Tribbett, 10/15/2020 02:07:42 pm Page: I
Classified Proof
CITYOF KENT
iloTtcE oF
0RD[rtAt{cEs
PASSED BY THE CITY
cout'tclL
The following are surrF
maries of ordinances
passed by the Kent City
Council on October 20,
2020.
ORDINANCE NO, 4372
- AN ORDINANCE ol
the Cig Council of the
City of KenL Washing-
ton, amending sections
12.01, 12.04. 15.02,
tJ,v+, drru rJ.go.uJJ!
and 15.09 of the Kent
City Code to modemize
processes and proc,e-
dures and clean up er-
rors.
This ordinance shall take
effect and be in force 30
days from and after its
passage, as provided by
law.
ORDINANCE NO.4373
- AN ORDIMNCE of the
City Council of the Cityof Kent, l hshington,
recognizing isolation and
quarantine facilities as a
land use and designat-
ing the proper zoning
districts and conditions
therefore; amending the
definitions of emergency
housing facility and
emergency shelter; rees-
tablishing the zoning dis-
tricts where emergency
housing facilities may be
located; and amending
the definitions of hotel
and motel.
This ordinane shall take
effect and be in force 30
days from and after its
passage as provided by
law-
A copy of the complete
text of any ordinance will
be mailed upon request
of the Cig Clerk.
Kimberley A. Komoto,
City Cle*
Kkomoto@KentWA.gov
Proofed by Jennifer Tribbett, 10/1512020 02:07:42 pm Page:2
Classified Proof
253€56-5725
*9't1426
10t23t20
Proofed by Jennifer Tribbett, 10/15/2020 02:07:42 pm Page: 3
STATE OF WASHINGTON, COUNTY OF KING }
AFFIDAVIT OF PUBLICATION
PUBLIC NOTICE
Rudi Alcott, being first duly sworn on oath that he is the
Vice President of Advertising for Sound Publishing,
which publishes the
Kent Reporter
a weekly newspaper, which newspaper is a legal newspaper of general
circulation and is now and has been for more than six months prior to the date
of publication hereinafter referred to, published in the English language
continuously as a weekly newspaper in King County, Washington. The
Kent- Covington Reporter has been approved as a Legal Newspaper by order of
the Superior Court of the State of Washington for King County.
The notice in the exact form annexed was published in regular issues of
the Kent- Covington Reporter (and not in supplement form) which was regularly
distributed to its subscribers during the below stated period. The annexed
notice, a:
Public Notice
was published on October 23, 2020
The full amount of tJ.Fe fee charged for said foregoing publication is the
sum of S93?"03 ,�
Rudi Alcott
Vice President, Advertising
Subscribed and sworn to me this 23`d day of October, 2020.
J nifer Tribbett, Notary Public for the State of Washington, Residing in
Orting, Washington