HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 10/27/2008 (4) COMMUNITY DEVELOPMENT
Fred N. Satterstrom, AICP, Director
PLANNING SERVICES
Charlene Anderson, AICP, Manager
K E N T
I 3 H N c r o N Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
AGENDA
LAND USE & PLANNING BOARD
HEARING & WORKSHOP
OCTOBER 27, 2008
7:00 P.M.
LUPB MEMBERS: CITY STAFF
Jon Johnson, Chair Matt Gilbert, AICP,Acting Planning Mgr
Dana Ralph, Vice Chair Sharon Clamp, Planner
Steve Dowell Lydia Moorehead, Planner
Alan Gray Beth Tan, Environmental Engineer
Aleanna Kondelis Kim Adams Pratt, Asst City Attorney
Jack Ottini Pamela Mottram, Admin Secretary
Barbara Phillips
This is to notify you that the Land Use and Planning Board will hold a Public
Hearing with a Workshop immediately following on MONDAY, OCTOBER 27, 2008
in Kent City Hall, City Council Chambers East and West, 220 4t" Avenue South, Kent
at 7:00 P.M. The public is welcome to attend the public hearing and workshop. All
interested persons may have an opportunity to speak at the hearing. There will be
no public testimony at the workshop. Any person wishing to submit oral or written
comments on this proposed amendment may do so prior to or at the meeting.
The agenda will include the following item(s):
1. Call to order
2. Roll call
3. Approval of Minutes from the September 22, 2008 Meeting
4. Added Items to Agenda
5. Communications
6. Notice of Upcoming Meetings
7. PUBLIC HEARING:
SCA-2007-1 Short Plat Expirations Subdivision Code Amendment
(Phase I)-(Sharon Clamp & Lydia Moorehead)
Consideration for extending the expiration time periods for short plats.
WORKSHOP:
SCA-2007-1 Subdivision Code Amendment
(Phase III (Sharon Clamp & Lydia Moorehead)
Discussion of updates to Kent's Subdivision Code.
ZCA-2008-1 Hazardous Substance Land Use Facilities Zoning Code
Amendment (Matt Gilbert)
Discussion of permit process requirements associated with hazardous
substance land use facilities.
Kent City Code (KCC) 14.09 Flood Hazard Regulations (Beth Tan)
Discussion of amendments to KCC 14.09 to meet FEMA requirements.
Any person requiring a disability accommodation should contact the City in Advance for more
information. For TDD relay service for Braille, call 1-800-833-6385, for TDD relay service for the
hearing impaired, call 1-800-833-6388 or call the City of Kent Planning Services directly at
(253) 856-5499 (TDD). For further information or a copy of the staff memorandum contact the
Planning Services office at (253) 856-5454. You may access the City's website for documents
pertaining to the Land Use and Planning Board at:
http://www.ci.kent.wa.us/planninc7llanduseplanninciboard.
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LUPB Hearing & Workshop
October 27, 2008
Page 2 of 2
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LAND USE & PLANNING BOARD MINUTES
SEPTEMBER 22, 2008
BOARD MEMBERS PRESENT/ABSENT:
Chair Jon Johnson-Absent/Excused, Vice-Chair Dana Ralph, Steve Dowell-
Absent/Excused, Alan Gray, Aleanna Kondelis, Jack Ottini, Barbara Phillips
STAFF MEMBERS PRESENT: Charlene Anderson, Erin George, Pamela Mottram
Approval of Minutes
Ottini MOVED and Gray SECONDED a Motion to APPROVE the Minutes of August 25,
2008. Motion PASSED 5-0.
Added Items, Communications, Notice of Upcoming Meetings
None
#CPA-2008-2 Cottage Housing Demonstration Ordinance
Planner Erin George stated that this draft ordinance was presented at a Land Use
and Planning Board (LUPB) workshop on August 11t" with a hearing held on August
25t". The Board recommended approval of the Cottage Housing Demonstration
Ordinance with one amendment to reduce the maximum allowed number of
demonstration projects from three to two.
George stated that the purpose of this second public hearing is to consider adding a
minimum square footage for common open space to the Cottage Housing
Demonstration Ordinance. She explained that this standard was inadvertently left
out of the Ordinance, despite the presence of a dimensional standard as well as an
area standard for private open space.
George described common open space as a large centralized area toward which the
cottages are oriented. She stated that the common areas are essential to cottage
housing as they create an open feeling that minimizes the density of the homes,
and allow for various types of resident activities.
George stated that staff is proposing a minimum square footage requirement for
common open space of 400 square feet per dwelling unit (based on studying other
cities' ordinances such as Kirkland, Redmond and Shoreline). She stated that 400
square feet per unit seems to be the industry standard.
George stated that if staff were to exclude a minimum square footage requirement,
Kent would end up with a 20 x 20 foot common area, or equivalent to 400 square
feet total for the development.
George stated that staff recommends that the LUPB consider approval of this
proposed change in order to move forward to the Planning and Economic
Development Committee.
Land Use and Planning Board 1 of 2
Minutes
September 22, 2008
2
Vice Chair Ralph declared the Public Hearing open. Seeing no speakers, Gray
MOVED and Ottini SECONDED a MOTION to close the Public Hearing. Motion
PASSED.
Ottini voiced concerns that these developments may not provide adequate parking
spaces and added that these developments might not be affordable for seniors.
George stated that the Board approved staff's recommendation of 1.8 parking
spaces per unit if on-street parking is provided and 2.0 parking spaces per unit
when no on-street parking is provided.
Kondelis MOVED and Ottini SECONDED a Motion to approve the Cottage Housing
Demonstration Ordinance with the added minimum common open space standard
of 400 square feet per dwelling unit as presented by staff. Motion PASSED 5-0.
Adjournment
Vice Chair Ralph adjourned the meeting at 7:10 p.m.
Charlene Anderson, AICP, Planning Manager
Secretary of the Board
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Land Use and Planning Board 2 of 2
Minutes
September 22, 2008
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COMMUNITY DEVELOPMENT
Fred N. Satterstrom, AICP, Director
PLANNING SERVICES
Charlene Anderson, AICP, Manager
KENT
W AS HI N G T 0 N Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
October 20, 2008
TO: Chair Jon Johnson and Land Use and Planning Board Members
FROM: Sharon Clamp, Planner; Lydia Moorehead, Planner
RE: Subdivision Code Update - Short Plat Expirations
SCA-2007-1/KIVA #RPP6-2074360
Staff Report for the October 27, 2008 LUPB Hearing
SUMMARY: On October 13, 2008 staff met with the Land Use and Planning Board
(LUPB) to discuss extensions to the expiration time period for preliminary short plat
approvals. Since that meeting, staff has explored possible alternatives with the
City's Public Works and Law Departments and prepared three options for the
Board's consideration.
BACKGROUND: Under the current subdivision code, applicants have two years
(one year plus a one year extension) to record a short plat which has been granted
preliminary short subdivision approval. In many cases, two years has not been an
adequate time frame for applicants to obtain the required approval of engineering
plans, construct required improvements, complete the final plat process and record
the short plat with King County. As a result, preliminary short plat approvals often
expire.
The average length of time to complete the civil construction permit process is 9.6
months and the final plat process typically takes 4.5 months. To meet City
development requirements, applicants also typically must coordinate with outside
entities such as sewer and water districts, Puget Sound Energy and neighboring
property owners. This coordination further challenges the feasibility of meeting the
City's two-year time limitation. In addition, staff has heard from owners that given
the current economic climate, required financing and bonding that are part of every
short plat present huge time constraints, as both have become very difficult to
obtain. While it is important to set deadlines in order to ensure that projects are
completed within a reasonable amount of time, it has become clear that the two
years provided by code is difficult for many short-plat owners to meet. It is also
important to balance the time required to complete vested projects and the public's
interest in implementing the most up-to-date codes and standards.
Washington state law does not include a process for the approval of short plats or
set time frames for expiration; therefore, cities and counties are required to adopt
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their own regulations and procedures. Expiration periods for other jurisdictions
within the area range in length from two to five years or indefinitely if sufficient
progress is being made on the application.
Another item to consider is how this change would affect applications that have
already received preliminary approval but have not yet recorded, as well as
applications that have recently expired. The City's Law Department has provided
guidance for those two scenarios:
1. The City Council has the authority to pass retroactive ordinances as long as the
ordinance is clear that it intends to be retroactive and the ordinance does not
impact a substantive or vested right. Short plat applications vest to land use
regulations in place at the time a complete application is filed and the extension
of the expiration date is not a negative impact on the vested right.
2. The second issue deals with short plat applications that have already expired
when the ordinance is passed. If the City Council wishes to renew a short plat
application that has expired, the ordinance must list specific criteria which
caused the application to expire, i.e. all applications (civil and final) had been
filed, reviewed, and approved by city staff; however, the current banking crisis
in the U.S. prevented the applicant from obtaining necessary bonding in order to
record.
OPTIONS AND RECOMMENDATION: Staff has developed three options for the
Board's consideration:
Option A - Provide a three year period to record a short plat with no opportunity for
an extension that will apply to all preliminary short subdivisions which obtain
preliminary approval on or after the effective date of the ordinance. It is
reasonable, based on feedback from applicants and the number of short plats that
expire, to grant three full years without requiring applicants to qualify why they
need that amount of time. This option provides a clear, objective standard for
expirations.
Option B - Provide a three year period to record a short plat with no opportunity for
an extension, and extend the time period by one year to those preliminary short
plats which are currently valid so that they have the benefit of an additional year to
meet conditions of approval and record. It is reasonable to provide the additional
time to currently vested short plats based on the, the average 14 month timeframe
which it takes applicants to obtain civil construction approval, time required to
coordinate with other entities and complete construction, obtain final short
subdivision approval from the City, as well as address challenges associated with
the-current banking crisis in the United States.
Option C - Provide a three year period to record a short plat with no opportunity for
an extension. Also, extend the time period by one year to those preliminary
approvals which are currently valid and reinstate the preliminary approvals to total
three year period of validity for applications that expired because they were unable
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to obtain financing or bonds due to the current banking crisis in the U.S. The
expired applications which are reinstated shall also be those approved after
January 1, 2006 which filed civil and final short subdivision applications which were
reviewed and approved by City staff prior to the expiration date.
RECOMMENDATION
Staff recommends Option A. To retroactively grant extensions and reinstate
expired applications may be construed as a grant of special privileges inconsistent
with a limitation placed upon other applicants prior to the effective date of the
ordinance.
Staff will be available at the public hearing to further discuss these options and
answer any questions.
BT/MG/pm 5:\Permit\Plan\SubdivisionCodeAmd ments\2007\SCA-2007-1 Subdivision Code Revision\LUPB\102708Hrg_SubdivisionCodeUpdateStaffRpt.doc
cc: Fred Satterstrom, AICP, CD Director
Charlene Anderson, AICP, Planning Manager
Project File
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COMMUNITY DEVELOPMENT
401 Fred N. Satterstrom, AICP, Director
• PLANNING SERVICES
KENT Charlene Anderson, AICP, Manager
W A S H I N G T O N
Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
October 20, 2008
TO: Chair Jon Johnson and Land Use & Planning Board Members
FROM: Lydia Moorehead, Planner
Sharon Clamp, Planner
RE: #SCA 2007-1 Subdivision Code Update
For Workshop of October 27, 2008
SUMMARY: An update to the city's subdivision code is part of the Planning
Services 2008 work program and was initially included in order to examine the time
periods for short plat expiration. Short plat expiration periods were brought before
you in a separate package on October 13, 2008. The update included in this
package deals with other sections of the subdivision code. The proposed changes
would consolidate sections of the subdivision code in order to reduce redundancy,
remove standards that are contained in other adopted documents, update
application submittal requirements for final plats, and ensure consistency with state
code.
BACKGROUND: The city's subdivision code provides rules, regulations,
requirements, standards and procedures for subdividing land, for obtaining binding
site plans, and for adjustments of lot lines in the city. Drafts of the subdivision
code update were distributed to the survey and development review sections of the
Public Works Department for comment. Departmental comments have been
incorporated into the attached draft. The following list provides a general
description of the areas which are proposed to be revised, as shown in the attached
draft.
1. Consolidation - The subdivision code addresses three different types of
subdivisions; a Type I short plat (2-4 lots), Type II short plat (5-9 lots), and
Subdivisions (10 lots or greater). The subdivision code includes regulations,
standards and procedures for each type of subdivision in three separate sections,
repeating much of the same information. In order to reduce redundancy the three
sections have been consolidated.
2. Consistency with State Law - The subdivision of land in Washington State is
governed by the procedures within Chapter 58.17 RCW. No process is set out in
state law for short plats, therefore cities and counties are required to adopt their
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own regulations and procedures for short plats. The city's regulations for short
plats follow a very similar process to formal subdivision applications, except that for
preliminary approval, a short plat goes before the Short Subdivision Committee
rather than the Hearing Examiner. The procedures for short plats remain largely
the same except where submittal requirements have been revised as discussed in
item #4 of this report. Staff has reviewed the subdivision standards for consistency
with Chapter 58.17 RCW.
3. Standards from Adopted Documents - The subdivision code contains
development standards related to the design, construction and dedication of
streets, intersections, sidewalks and storm drainage facilities. These standards are
also addressed in the City of Kent Public Works Construction Standards, Kent City
Code Titles 6, 7, 11, 12, 13 and 15 and other state and county regulations. It would
be more appropriate to reference the adopted Public Works Construction Standards
and other codes and regulations rather than listing specific standards and
regulations within the subdivision code. This will ensure that future changes to the
construction standards and other codes will not result in the need to also update
the subdivision code.
4. Final Plat Submittal Requirements - The final plat submittal requirements have
been updated in order to simplify the list of items applicants must submit to the city
for review, and requires the final short plat map comply with State Survey
requirements.
SC/LM/pm S: Permit\P/an\SubdivisionCodeAmdments�2007�SCA-2007-1 Subdivision Code Revision\LUP8�102708LUPBMemo.doc
Enc: Attachment A— Draft Subdivision Code
cc: Charlene Anderson, AICP, Planning Manager
Fred N. Satterstrom, AICP, CD Director
Project File
LUPB Workshop
October 27, 2008
#SCA-2007-1
Page 2 of 2
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Article I. General Provisions
12.04.010 Title.
This code shall be hereinafter known as the city of Kent subdivision code.
(Ord. No. 1840; Ord. No. 3511, § 3, 5-16-00; Ord. No. 3664, § 1, 10-7-03.
Formerly Code 1986, § 12.04.010)
12.04.015 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:
1. That the highest feasible quality in subdivisions will be attained;
2. That the public health, safety, general welfare, and aesthetics of the city shall
be promoted and protected;
3. That orderly growth, development, and the conservation, protection, and
proper use of land shall be promoted;
4. That proper provisions for all public facilities, including connectivity,
circulation, utilities, and services, shall be made;
5. That maximum advantage of site characteristics shall be taken into
consideration; and
6. That the process shall be in conformance with provisions set forth in KCC Title
15, Zoning, and the comprehensive plan.
(Ord. No. 1840; Ord. No. 2849, § 1, 6-6-89; Ord. No. 3511, § 3, 5-16-00; Ord.
No. 3561, § 1, 6-5-01; Ord. No. 3664, § 1, 10-7-03. Formerly § 12.04.020)
12.04.020 Scope.
This chapter shall apply to the division of land for sale or lease into two (2) or
more parcels and to the modification of lot lines between adjoining parcels.
Where this chapter imposes greater restrictions or higher standards upon the
development of land than other laws, ordinances, or restrictive covenants, the
provisions of this chapter shall prevail.
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Unless otherwise indicated and as provided by RCW 58.17.040, the provisions of
this chapter do not apply to:
1. Cemeteries and burial plots while used for that purpose;
2. Divisions made by testamentary provisions, or the laws of descent;
3. Division of land due to condemnation or sale under threat thereof, by an
agency or division of government vested with the power of condemnation;
4. 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;
5. Condominium developments, pursuant to either Chapter 64.32 or 64.34 RCW,
that are subject to an approved binding site plan.
6. 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.
7. A division for the purpose of lease when no residential structure other than
mobile homes or travel trailers are permitted to be placed upon the land when
the city has approved a binding site plan.
8. A division for the purpose of leasing land for facilities providing personal
wireless services while used for that purpose.
9. 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.
(Ord. No. 1840; Ord. No. 2849, § 2, 6-6-89; Ord. No. 3511, § 3, 5-16-00; Ord.
No. 3664, § 1, 10-7-03. Formerly § 12.04.040)
State law reference(s) — Similar provisions, RCW 58.17.040.
12.04.025 Definitions.
The following words, terms, and phrases, when used in this chapter, shall have
the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
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Active recreation activities shall mean all outdoor recreational activities which
involve field and court games.
Alley shall mean a public or private way not more than thistwenty (320) feet
wide at the rear or side of property affording only secondary means of vehicular
or pedestrian access to abutting property.
Binding site plan shall mean a scaled drawing which: (a) identifies and shows
the areas and locations of all streets, s, improvements, utilities, open space,
and any other matters specified in this chapter; (b) 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 (c)
contains provisions which require any development be in conformity with the
binding site plan.
Binding site plan committee shall be a committee consisting of the planning
manager, who shall be the chairperson, one (1) member of the land use and
planning board, the building official, public works director, parks director, and
the fire chief, or etheFtheir designated representatives.
Block shall mean a group of lots, tracts, or parcels within well-defined and fixed
boundaries.
Circulation shall mean any of a number of quantitative measures that
characterizes the frequency of transportation mode trips, the duration of a mode
trip, and path choices made between two (2) or more activity spaces. Traffic
counts usually indicate a measure of circulation.
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.
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.
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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.
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 RCW GhapteF36.70A RGW. The
term also includes adopted subarea plans prepared in accordance with Chapter
RCW 36.70A .
Connectivity shall mean subdivisienswhich are connect 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 provide a sense of
location.
Goals and Gerrespending GFiteFia:
pathway(s) fFem bulb ends te neighbOFing subdivision(s) stFeets eF ethe-F
adjacent activity centeFS.
3. Subject subdivisien sheuld PFOVide centinuous five (5) feet wide sidewalks (on
D.
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1. Subdivision lots should be located Re fUFther than one quarteF (1/4) mile
fFOM the neaFest bicycle path OF tFail.
2. Subdivision lets should be located no fUFther than one quarteF (1/4) mile
3. Subdivision lets should be located no fUFtheF than feUF (4) miles fFeM the
nearest park and Fide lot.
Geunty auditer shall n9ean that peFSen as defined On Chapter 36.22 RCW OF the
effice of the person assigned such duties LindeF the I(ing County GhaFt
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.
Dedication shall mean a deliberate conveyance of land by its
owner for any general and public uses, reserving to hingself 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.
Division of land shall mean the subdivision of any parcel of land into two (2) or
more parcels.
Final plat or final short plat shall mean the final drawing of the subdivision or
short division and dedication prepared for filing for record with the King County
audit recorder and containing all elements and requirements set forth in this
chapter.
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Hearing examiner shall mean the person appointed by the mayor, or his or her
designee, to conduct public hearings on applications outlined in Ch. 2.32 KCC
2.32 which creates the hearing examiner, and who prepares a record, findings of
fact, and conclusions on such applications.
Hillside subdivision shall mean a subdovismen On which any let in the subd visiOn
has aveFage slopes gFeateF than fifteen (15) peFeent and On which any street in
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.
Land use and planning board shall mean that body as defined in the Kent City
Code Chapter 2.57.
Lot shall mean a fractional part of divided lands having fixed boundaries, being
of sufficient area and dimension to meet minimum zoning requirements for
width and area. The term shall include tracts or parcels.
totle. -Such let shall have fFentage en an improved public street, er on an
appreved private street, and may censist ef:
area, and te PFeVide such yards and ether open spaces as aFe reqUiFed on this
,
,
. led, that in ne case ef division OF cembinatien shall any Fesidual let e
pareeI be CFeated which .de net meet the, F nts of this title,
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Lot, corner shall mean a lot abutting upon two (2) or more public or private
streets at their intersection or upon two (2) parts of the same street, such
streets or parts of the same street forming an interior angle of less than one
hundred thirty-five (135) degrees within the lot lines.
Lot; frontage shall mean the front of a lot which shall be that portion nearest the
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 user of acorner- let city
the eptien—authority of determining which part of the lot fronting on a street
shall become the lot frontage.
Lot line adjustment shall mean the adjusting of common property lines or
boundaries between adjacent lots, tracts, or parcels for the purpose of rectifying
a disputed property line location, freeing such a boundary from any differences
or discrepancies or accommodating a minor transfer of land. The resulting
adjustment shall not create any additional lots, tracts, or parcels and all
reconfigured lots, tracts, or parcels shall contain sufficient area and dimension to
meet minimum requirements for zoning and building purposes.
Lot lines shall mean the property lines bounding the lot.
Lot measurements shall mean:
1. The depth of a lot which shall be considered to be the distance between the
foremost points of the side lot lines in front and the rearmost points of the side
lot lines in the rear.
2. The width of a lot which shall be considered to be the distance between the
side lines connecting front and rear lot lines; provided, however, that width
between side lot lines at their foremost points where they intersect with the
street right-of-way line shall not be less than eighty (80) percent of the required
lot width except in the case of lots fronting on the tUffling eirele ef cul-de-sacs or
curves, where eighty (80) percent of requirements shall not apply. However, the
provisions of KCC 15.04.180.37 apply to lot widths within the SR-4.5, SR-6 and
SR-8 zoning districts.
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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 portion of a Section as described in the Public Land Survey System. lot
which is part ef a subdivisien reCeFded in the effice ef the King County assesser,
or a let OF parcel described by Fnetes and bounds, the descriptien of which h
been so recorded-.
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.
Meander line shall mean a line along a body of water intended to be used solely
as a reference for surveying as defined in the Manual of Instructions for
Surveying the Public Lands (1973) or its successor.
Neighborhood park shall mean a park that serves a neighborhood (not a
subdivision) defined by arterial streets. These parks are generally located
centrally in the neighborhood so that the park is easily accessible and
neighborhood residents do not have to cross a major arterial to reach the park.
Access is primarily by foot or bicycle, so the park is usually no further than one-
half (1/2) mile from any point in the neighborhood. Parking spaces are typically
not provided, unless on-street parking is not available, accessible or safe.
Neighborhood parks have amenities for casual activities that are not
programmed or organized, or for which a fee is charged. Amenities may include
play equipment, picnic tables, shelters, hard courts (basketball, tennis), walking
trails, and open grassy areas.
Official plans shall mean those maps, development plans, or portions thereof,
adopted by the city council as provided in Chapter 44, Section 6, Laws of 1935,
as amended. Such plans or maps shall be deemed to be conclusive with respect
to the location and width of streets, public parks, and playgrounds and drainage
rights-of-way or easements as may be shown thereon.
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.
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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.
Performance bond or guarantee shall mean that security which may be accepted
in lieu of a requirement that certain improvements be made before the final plat
is approved and signed, including performance bonds, escrow agreements and
other similar collateral or surety agreements. See the Construction Standards
for detailed requirements.
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.
Plat shall mean a map or representation of a subdivision, showing thereon the
division of a tract or parcel of land into lots, tracts, b eeks, streets and alleys, or
other divisions and dedications.
Preliminary approval shall mean the official favorable action taken on the
preliminary plat of a proposed subdivision,
dn, by the hearing examiner following a duly advertised public hearing or
on a preliminary plat of a short subdivision following a duly advertised meeting
of the short subdivision committee.
Preliminary plat shall mean a neat and precise scale drawing of a proposed
subdivision showing the general layout of streets and alleys, lots, bleeICStracts,
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.
Readway shall mean that pertien E)f a street intended feF the aceemmedatien e
vehicular tFaffie, generally within euFblines.
Short plat shall mean the map or representation of a short subdivision.
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
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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 detentien facilities are not included in the number of
lots created.
Short subdivision, type I shall mean the division of land into four (4) or less lots,
tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of
ownership. Tracts identified for or with the potential for future development shall
be included within the number of lots created, but tracts which are not buildable
and/or are intended for public dedication, environmental protection, or
stormwater d ,-facilities are not included in the number of lots created.
Short subdivision, type II shall mean the division of land into more than four (4)
and less than ten (10) lots, tracts, parcels, sites, or divisions for the purpose of
sale, lease, or transfer of ownership. Tracts identified for or with the potential
for future development shall be included within the number of lots created, but
tracts which are not buildable and/or are intended for public dedication,
environmental protection, or stormwater detentien facilities are not included in
the number of lots created.
Short Subdivision Committee shall be a committee consisting of the planning
manager, who shall be the chairperson, one (1) member of the land use and
planning board, public works director, parks and community services director,
and the fire chief, or their designated representatives.
Street shall mean a public or private way _ef-
w-ay width which affords a primary means of access to property.
Subdivision shall mean the division or redivision of land into ten (10) or more
lots, tracts, parcels, sites, or divisions for the purpose of sale or lease or transfer
of ownership; PFevided, that subdivisiens ef less than ten (10) paFeels rnay--be
defined as sheFt subdMsm . 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 detentien facilities are not included in the number of
lots created.
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Subdivision, phased shall mean a subdivision, which is developed in increments
over a period of time.
Tentative plat shall mean a map drawn in accordance with the same
requirements as the preliminary plat map, but submitted prior to preliminary
plat submittal. The tentative plat is reviewed at a pre-application conference.
Title report shall mean a certified report from a bonded title agency showing
recorded title holder and all encumbrances and defects that exist on the land.
Tract shall mean Land
reserved for specified uses including, but not limited to, reserve tracts
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.
Trail system shall mean those pathways that connect points of interest, parks,
community facilities, streets, residences, etc., in the community, which are
generally not confined within the limits of one (1) park or neighborhood. Trails
are intended to be used by bicycles, rollerskaters, and pedestrians_; they aFe net,
0ntend d to be t Use by motorized vehiclesis prohibited.
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.
(Ord. No. 1840; Ord. No. 2849, § 3(12.04.040 - 12.04.079), 6-6-89; Ord. No.
2975, § 2, 3-20-91; Ord. No. 3511, § 3, 5-16-00; Ord. No. 3551, § 4, 3-20-01;
Ord. No. 3561, § 1, 6-5-01; Ord. No. 3664, § 1, 10-7-03. Formerly
§ 12.04.050)
12.04.030 Conformance to state law.
This code is in conformance with RCW 58.17.010 et seq. regulating platting,
subdivision, adjusting lot lines, and the dedication of land and further provides
for administrative procedures for the adjustment of lot lines.
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(Ord. No. 1840; Ord. No. 2849, § 4, 6-6-89; Ord. No. 3511, § 3, 5-16-00.
Formerly § 12.04.060)
Cross reference(s) — Definitions and rules of construction generally, § KCC
1.01.030.
State law reference(s) — Similar provisions, RCW 58.17.030.
12.04.035 City functions.
A. Planning services office. The planning services office 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. Department of public works. The department of public works is responsible
for reviewing all engineering and technical requirements of this chapter.
C. Fire department. The fire department is responsible for reviewing all fire
access and fire safety requirements of this chapter.
D. Department of parks and recreation. The department of parks and recreation
is responsible for reviewing all parks and open space dedication requirements of
this chapter.
E. Short subdivision committee. The short subdivision committee is authorized
to hold a public meeting and make a final decision on all short subdivision plats.
F. Binding site plan committee. The binding site plan committee is authorized to
hold a public meeting and make a final decision on all binding site plans.
-FG. Hearing examiner. The hearing examiner is authorized to hold a public
hearing and make a final decision on subdivision preliminary plats.
6H. City council. The city council shall conduct any closed record appeal from a
hearing examiner's final decision on a subdivision preliminary plat. The city
council shall have sole authority to approve subdivision final plats. An appeal of
a final plat decision shall be in superior court.
(Ord. No. 1840; Ord. No. 3511, § 3, 5-16-00; Ord. No. 3561, § 1, 6-5-01.
Formerly § 12.04.070)
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12.04.040 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 constitute a
civil violation under G;. 1.94 KCC 1.04 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 Chap RCW 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 Chap RCW 58.17 RCW, or any provision of this chapter, shall
be deemed a separate and distinct offense.
(Ord. No. 3511, § 3, 5-16-00)
12.04.045 Liability.
This chapter shall not be construed to relieve from or lessen the responsibility of
any person owning any land or building, constructing or modifying any
subdivisions in the city for damages to anyone 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.
(Ord. No. 1840; Ord. No. 3511, § 3, 5-16-00. Formerly § 12.04.550)
12.04.050 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.
(Ord. No. 1840; Ord. No. 3511, § 3, 5-16-00. Formerly § 12.04.030)
12.04.055 Mobile home park design.
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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.
(Ord. No. 1840; Ord. No. 3511, § 3, 5-16-00. Formerly § 12.04.520)
Cross reference(s) — Mobile home parks, eh. 12.05KCC 12.05; recreational
vehicle parks, ch. 12.06; mobile home parks and combining district, § KCC
15.03.010.
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 (43,568_0) square
feet or more, and (2) planned unit developments.
B. When required, residential subdivisions and short subdivisions shall provide
recreation space for leisure, play, and sport activities as follows: four hundred
fifty (450) square feet per dwelling unit.
C. Recreation space shall be placed in a designated recreation space tract or
tracts. The tract(s) shall be owned by a homeowners' association or other
workable organization acceptable to the planning manager to provide continued
maintenance of the recreation space tract.
D. Recreation space located outdoors and not part of a stormwater tract
developed in accordance with subsection (F) of this section shall:
1. Be of a grade and surface suitable for recreation improvements and have a
maximum grade of five (5) percent or as otherwise approved by the planning
manager and parks and community services director;
2. Be on the site of the proposed development unless otherwise approved by the
planning manager and parks and community services director;
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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 reads 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.
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
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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 (E)(1) 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 (E)(1) of this section shall be
provided for every additional twenty-five (25) dwelling units.
F. Recreation areas that are contained within the onsite stormwater tracts, but
are located outside of the one hundred (100) year design water surface, may be
credited for up to fifty (50) percent of the required square footage of the onsite
recreation space requirement on a foot-per-foot basis, subject to the following
criteria:
1. The stormwater tract and any onsite recreation tract shall be contiguously
located. At final plat recording, contiguous stormwater and recreation tracts
shall be recorded as one (1) tract and owned by the homeowners' association or
other organization as approved by the planning manager; and
2. Unless otherwise approved by the public works department, the drainage
facility shall be constructed to meet the fellewing eenditiens: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
pereenr-the ratio of 3 feet horizontal to 1 foot vertical unless slopes are existing,
natural, and covered with vegetation;
b. A bypass system or an emergency overflow pathway shall be designed to
handle flow exceeding the facility design and located so that it does not pass
through active recreation areas or present a safety hazard;
c. The drainage facility shall be landscaped and developed for passive recreation
opportunities such as trails, picnic areas, and aesthetic viewing; and
d. The drainage facility shall be designed not to require fencing under the city's
adopted surface water design manual.
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G. When a tract is a joint use tract for a drainage facility and recreation space,
as referenced in subsection (F)(1) of this section, the city shall not be
responsible for maintenance of the recreation space.
H. A recreation space plan shall be submitted to the public works department
and reviewed and approved with engineering plans.
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.
(Ord. No. 3830, § 2, 3-6-07)
12.04.065 Fee in lieu of recreation space.
A. Except in the case of short subdivisions, the creation of onsite recreation
space, per KCC 12.04.060, is the preferred method of providing new
development with opportunities for leisure, play, and sports activities. For short
subdivisions, payment of a fee in lieu of providing onsite recreation space is
preferred. In subdivisions, applicants shall to the best of their ability endeavor to
provide recreation space on the project site. However, if onsite recreation space
is not provided in accordance with this chapter, the applicant shall pay a fee in
lieu of providing onsite recreation space if approved by the planning manager. A
fee in lieu of onsite recreation space may be approved if the recreation space is
provided within a city park in the vicinity and will be of greater benefit to the
prospective residents of the development.
B. The dollar amount of the fee-in-lieu shall be determined by multiplying the
following two (2) factors:
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1. One hundred fifty (150) percent of the average assessed value per unit area
of land within the boundaries of the subdivision; and
2. The gross land area within the subdivision multiplied by five (5) percent.
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.
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 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.
(Ord. No. 3830, § 3, 3-6-07)
12.04.070 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;
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c. Habitat linkages;
d. Recreation facilities; or
e. Heritage sites; and
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.
(Ord. No. 3830, § 4, 3-6-07)
Article II. Type 1 Short Subdivisions and Subdivisions
12.04.100 Purpose of Ttype I and Type II short subdivisions.
The procedures regulating Ttype I and Type II short subdivisions are established
to promote orderly and efficient division of lots on a small scale, promote infill
development and meet density requirements On esstablissrhed UFban aFeas, 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.
(Ord. No. 1840; Ord. No. 3511, § 3, 5-16-00. Formerly § 12.04.180)
12.04.103 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 KCC Title 15, Zoning, Title 6, Public
Works, Title 7, Utilities, and the Kent comprehensive plan; and complies with
the provisions of this chapter and RCW 58.17.
(Ord. No. 3511, � 3, 5-16-00I
12.04.105 Scope of Short Subdivisions.
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A. A Type I short subdivision is defined as aAny land being divided into four (4)
or less parcels, lots, tracts, sites or subdivisions, any one (1) of which is less
than twenty (20) acres in size and which has not been divided in a short
subdivision within a period of five (5) years,
„f thisseetmen.
B. A Type II short subdivision is defined as any land being divided into more
than four (4) and less than ten (10) parcels, lots, tracts, sites or subdivisions,
any one (1) of which is less than twenty (20) acres in size and which has not
ben divided in a short subdivision within a period of five (5) years.
C8. No application for a short subdivision shall be approved if the land being
divided is held in common ownership with a contiguous parcel that has been
divided in a short subdivision within the preceding five (5) years. Serial
subdivision of contiguous parcels in the same ownership is defined as
piggybacking' short subdivisions and is prohibited unless the subject property
has received master plan approval by the city through a rezone, planned unit
development, or other hearing process, ' short sLibdivisiens
shall be peFMit . Such short subdivisions must be consistent with the
approved master plan.
D. 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 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 lots.
(Ord. No. 1840; Ord. No. 3511, § 3, 5-16-00. Formerly § 12.04.120)
12.04.107 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
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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.
(Ord. No. 1840; Ord. No. 3511, § 3, 5-16-00. Formerly § 12.04.300)
1:2.04.140 Preliminary consultation with staff.
12.04.115 Application procedures.
An application for a subdivision or type 1 short subdivision consists offi+v�
paFate steps as fell .ws the following steps:
1. Preparation of the tentative plat of the proposed subdivision or
Type II short subdivision and submission of an application for a pre-application
conference;
2. Review of the tentative plat for pre-application conference by the city and
convene a meeting with the city resulting in the issuance of a pre-application
conference summary letter;
3-2. Preparation and sSubmission of the preliminary plat of the proposed
subdivision to the land use hearing examiner for a public hearing and decision or
preliminary plat of the proposed short subdivision to the short
subdivision committee for a public meeting and decision;
4-3. Installation or bonding of improvements according to the approved
preliminary subdivision or short subdivision plat requirements and satisfaction of
all plat conditions;
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54: Submission of the subdivision final plat to the city council for approval or the
short subdivision final plat to planning department fOF Feview and signature by
the ehaiF of the short subdivision committee chairman for approval; rid
6§. Recordation of the approved final plat in the office of the King County
department of records and elections.
(Ord. No. 1840; Ord. No. 2849, § 6(12.04.212(B)), 6-6-89; Ord. No. 3424,
§ 24, 11-17-98; Ord. No. 3511, § 3, 5-16-00. Formerly § 12.04.310)
12.04.117 Pre-application review.
A. Applications for a tentative subdivision or tentative short subdivision pre-
application meeting and review shall be filed with Planning Services. Pursuant
to KCC 12.01.080, a pre-application meeting is required for all subdivisions, all
Type II short subdivisions, and only for Type I short subdivisions which require
SEPA review. The scale and information required for a pre-application meeting
and the number of copies to be filed shall be in accordance with the
requirements of the planning manager.
B. Planning Services shall transmit copies of the tentative plat to the fire, public
works and parks departments, public utility agencies serving the area, and to
any other department or agency deemed necessary.
C. A meeting on the tentative plat shall be held, which is attended by planning
services, other city departments which receive copies of the tentative plat, and
the subdivider. Any recommendations of the various departments for revision of
the tentative plat should be discussed at such meeting. These recommendations
and potential conditions of approval of the application shall be recorded in
writing and mailed to the subdivider by planning services.
D. The recommendations of the city departments shall be based on whether the
tentative plat is:
1. In conformance with the purpose and regulations of this chapter;
2. In conformance with fire safety regulations;
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3. In conformance with the transportation master plan and appropriate design
and construction standards established or proposed for the area that the
subdivision or short subdivision will be developed in;
6. In conformance with sewer, water and other utility plans for the area;
7. Not detrimental to the natural environment or its surroundings.
(Ord. No. 3511, § 3, 5-16-00)
12.04.119 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
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 County Recorder within the
timelines stated in KCC 12.04.215 and 12.04.221.
(Ord. No. 3511, � 3, 5-16-00)
12.04.120 Preliminary subdivision or short subdivision application.
A. Application for a subdivision or short subdivision shall be made to t#e
planning services on the forms supplied and in the number of copies
prescribed by that division.
B. The preliminary plat or short subdivisie~ plat shall be a neat and approximate
drawing on reproducible material at a decimal scale. The plat map shall measure
between eight and ene half (8 1/2) inehes by eleven (11) inehes and eighteen
(18) inches by twenty-twefour (24-2) inches, and in accordance with WAC
332.130 and shall include:
1. The subdivision or short subdivision name, the name and address of the
owner, and if one has been employed in the preparation of the application, the
name, and address and stamp with signature of the licensed land surveyor and
if applicable, the subdivisi .~ professional engineer;
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2. The date of preparation, the tFue north pein a north arrow,
and legal description of the property to be subdivided, and drawn to an
appropriate decimal scale;
3. Final plats and short plats must be based on the Washington State Plane
Coordinate System and be prepared by a professional land surveyor licensed in
the State of Washington.
4-3. The location of existing and proposed platted property lines, and existing
section lines, streets, structures, dFngs, watercourses, railroads, bridges,
wells, and any recorded public or private utility or Fead va}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;
54. 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;
6§. 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;
76. The approximate dimensions of each lot;
87. How the proposed subdivision will be served by utilities and the location of
sanitarysewer, domestic aftd-water,- sand storm drainage lines and facilities;
98. All existing structures and distances from any existing and proposed lot lines
within or abutting the short subdivision within a distance of fifty f54}one
hundred (100) feet;
109. Contain sufficient topographic data to accurately locate any critical areas
that may affect future development. Show contours not less than two feet.
Menungentatmen E)f all exteFiE)F CE)FneFs and streets and be surveyed by a land
licensed On the t }".
111$. Provisions for sidewalks, placement or construction of traffic calming
features and devices, and other planning—features that assure safe walking
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conditions for students who walk to and from school, users of public transit and
other pedestrians;
12. 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;
131. All of the information requested on the application form by the—planning
d+reeterservices.
(Ord. No. 1840; Ord. No. 3511, § 3, 5-16-00; Ord. No. 3561, § 1, 6-5-01.
Formerly § 12.04.220)
.
Zening, and health Fegulatien-s-,-
1. GFeate legal building sites whieh eemply with a" pi=evisiens ef KGG T-itle 15,
subdffivoseen standards ef that juilsdietien as well as the ,equ.einents ef this
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Yll
7. PFeVmde building lots and roadway access eenfigured te support th-e
censtructmen of homes woth diminished garage dOOFS such that no less than fifty
0 n the Fear PE)FtmOn ef the lot aecessed via a cemmen driveway between lets, or-a
side access garage, eF a garage accessed via a Fear alley, eF a garage set ba
ne less than ten (10) feet fFOM the fFent facade ef the heme, OF other design
Strategies whieh similarly diminish the PFOR90nenee of the garage and are
appreved by the planning manager. Lets and Feadways shall be cenfigured such
that at least two (2) ef these eptiens are SUPPeFted in each Flew develepngentj
8. PFE)Vide landscape buffering along all frentage streets of the shOFt sUbdivisieff
that do net previde the new lets with direet vehicular accessi and
6. Make adequate provision feF the connectivity Of Streets, alleys, pedestrian
1:2.04.1:30 Determination of eernpleteness.
Within twenty eight (28) calendar days after receiving a type 1 sheFt subdiviswerf
preliminary plat application, the planning department shall mail er persenaffy
. le to the applicant a written deterriginatmen ef cernpleteness which states
shall identify what infE)Frnatien is required te make the application cernplete. The
letter shall alse ;dentofy, te the extent l(newn by the city, ether agencies with
jUlFisdictien ever the sheFt subdivismen applicatmen. if the city determines that art
applicatien is net cernplete, the applicant shall have up te ninety (90) calendar
days tle submit the necessary infermatien te the city. if the applicant eithe
refuses On writing te subrigit additienal inferrigatmen or dees net submit them
required within the ninety (90) calendar day permed, the applicatmen
shall lapse because ef a lack ef infeffigatmen necessary te cemplete the review.
Within feUFteen (14) calendar days after an applicant has submitted th-e
requested additmenal the city shall again Make the cernpleteness
deteffiginatien and shall netify the applicant in the sarne manner.
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depaFtment shall accept the application and note the date of aeceptance. The
deteFMinatien of a cemplete application and acceptance of the applicattien by the
the application is ineemplete, the application shall be deerned cemplete at the
end of the twenty eight (28) day completeness r..V,'..v Fj%�I i%jul.
Gross reference(s) - AdMiniStFatien of development Fegulatiens,
if the shert subdivision applicatien is deteFMined to be complete, the planning
12.04.135 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 p-4a�application for a land segregation
bon, as defined in this chapter, has been determined to be complete and
has been accepted by the city of Kent, pursuant to KCC 12.04.130.
(Ord. No. 3511, § 3, 5-16-00)
12.04.140 Notice of application.
The applicant shall place at least one public notice board on the property to be
subdivided. The public notice board shall be placed on the property as directed
by planning services no later than fourteen (14) calendar days after a
determination of completeness. If the property to be subdivided is located
adjacent to more than one public street or has more than one potential access
route, one public notice board shall be placed on the property adjacent to each
street or potential access route.
A notice of application shall be issued for land segregationshe,rt .4s-i-
applications within fourteen (14) calendar days after the city has made a
determination of completeness, wand at least fifteen (15) calendar days prior
to the short subdivision committee meeting date for short subdivisions or the
public hearing for subdivision applications. The notice of application shall include
the tentative date of the public meeting or public hearing and shall be mailed,
published and posted on the same day, in the following manner:
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1. The city shall publish the notice of application in a newspaper of general
circulation within the city.
2. The city shall post the notice of application on the public notice board(s)
placed on the property and shall also post the notice of application at Kent City
Hall and in the register for public review at the planning departme services
office.
3. The city shall mail the notice of application listing the date of the short
subdivision committee meeting, or the date of public hearing for subdivisions, to
the applicant and all owners of real property as shown by the records of the
county assessor's office within two hundred (200) feet of any portion of the
boundary of the proposed short subdivision and within 300 feet of any portion of
the boundary of the proposed subdivision. In addition, if the property to be short
subdivided abuts parcels greater than two (2) acres which have other properties
abutting them, these additional properties shall also be mailed a notice of
application.
4. The city shall mail or send the notice of application to all agencies with
jurisdiction, city departments, and to any person who requests such notice in
writing.
5. One notice of application shall be done—prepared for all permit applications
related to the same project at the time of the earliest complete project permit
application.
(Ord. No. 3511, § 3, 5-16-00)
Cross reference(s) — Administration of development regulations, § 12.01.140.
12.04.145 Referral of preliminary subdivision and short subdivision
applications.
Upon determination of completeness of an application for a subdivision or short
subdivision, the planning services shall
distribute copies of the application materials for review and comment to to eaeh
,all city departments with jurisdiction over the application, and to any other
department or agency deemed necessary. In addition, one (1) copy of the
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application materials shall be sent to each member of the short subdivision
committee. The application shall be transmitted at least fifteen (15) calendar
days prior to the short subdivision committee meeting or public hearing.
(Ord. No. 1840; Ord. No. 3511, § 3, 5-16-00. Formerly § 12.04.230)
12.04.150 Notification of agencies.
A. The city shall mail a notice of application to all agencies with jurisdiction over
the subdivision or short subdivision application. Such notice shall include the
hour and location of the short subdivision committee meeting or subdivision
public hearing and a description of the property to be platted. A copy of the plat
and the application materials shall be provided to agencies as deemed necessary
or if requested by the agency.
B. Notice of application for a preliminary plat ef a PFePeS subdivision or short
subdivision, adjacent to or within one (1) mile of the city boundaries or which
contemplates the use of King County's or any other city's or town's utilities shall
be given to the appropriate county, city or town authorities.
C. Netiee ef applieatien feF a pFeliffiinaFy plat efif 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 Department of Transportation. Such notice shall
include the hour and location of the public meeting or hearing, a legal
description of the sheFt subdivide~ property being subdivided, and a location
map. The Department of Transportation shall, within fourteen (14) calendar
days after receiving the notice, submit to t#e—planning servi:esdepaftniefft a
statement of any information that the department deems to be relevant about
the effect of the proposed short subdivisien 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 airport.
(Ord. No. 1840; Ord. No. 3511, § 3, 5-16-00. Formerly § 12.04.130)
State law reference(s) — Similar provisions, RCW 58.17.155.
12.04.155 Public meeting/hearing notice.
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A. Notice of the short subdivision committee meeting--shall be given in the
following manner:
1. The date of the short subdivision committee meeting shall be listed on the
notice of application, which shall be mailed in accordance with KCC 12.04.140 to
the applicant and all owners of real property as shown by the records of the
county assessor's office within two hundred (200) feet of any portion of the
boundary of the proposed subdivision. In addition, if the property to be short
subdivided abuts parcels greater than two (2) acres which have other properties
abutting them, these additional properties shall also be mailed a notice of
application. Seven (7) calendar days prior to the short subdivision committee
meeting, the city shall send the short subdivision committee agenda and staff
report() to the applicant, all owners of the real property, and any person who
provided written comments on the application.
B. The notice of public hearing for a subdivision shall be given in the following
manner:
1. The notice of public hearing shall be mailed, published and posted on the
same day, not less than ten (10) calendar days prior to the hearing date.
2. The city shall post the notice of public hearing on the public notice board(s)
on the property.
3. The city shall publish the notice of public hearing in a newspaper of general
circulation within the city.
4. The city shall mail a notice of public hearing to the applicant, any person who
submits written comments on an application, and all owners of real property as
shown by the records of the county assessor's office within three hundred (300)
feet of any portion of the boundary of the proposed subdivision. If the owner of
the real property proposed to be subdivided also owns another parcel or parcels
of real property which lie adjacent to the real property proposed to be
subdivided, the notice shall be mailed to all owners of real property located
within three hundred (300) feet of such adjacently owned parcels. Seven (7)
calendar days prior to the public hearing, the city shall send the public hearing
agenda and staff report() to the applicant, all owners of the real property, and
any person who provided written comments on the application.
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2. The eity shall mail or send the notice ef applicatien to all agencies witli
jurisdiction, eity departments, and to any peFSE)n who requests such netice
Wig.
CiFEUlatmen within the eity.
4. The applicant shall place at least one publie netice beaFd en the ffepeFty to
be subdivided. The publie netice beaFd must be placed on the pFeperty as
diFeeted by the planning depaFtment, and ne later than fourteen (14) days afteF
a determinatien ef cempleteness. The applicant must Femeve the public notice
beard(s) fFeM the pFepeFty within seven (7) days afteF the end ef the cemn9ent,
subdivided is located adjacent te MeFe than one publie stFeet OF has mere thaFf
eige potential access Mute, one public notice beard shall be placed en the
preperty adjacent to each public StFeet er potential access reute. Planning
department staff shall pest the netiee ef applicatien en the public netice
Gity Hall and in the FegisteF feF public review at the planning department effiee.
(Ord. No. 3511, § 3, 5-16-00)
Cross reference(s) — Administration of development regulations, § 12.01.140.
12.04.160 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 -is
presumed to have no comments if comments are not received within the
specified time period. The planning direCteF manager may grant an extension of
time only if the application involves unusual circumstances. Any extension shall
not be granted for a period longer than three (3) additional calendar days. Thre
within the cemment peried.
The fourteen (14) day public comment period begins on the date the notice of
application is mailed, posted and published. Tie—pPlanning 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
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e-mail. Comments should be as specific as possible. The short subdivision
committee or hearing examiner shall not take action on a short subdivision or
subdivision application until after the comment period has passed.
(Ord. No. 3136, § 2, 10-5-93; Ord. No. 3511, § 3, 5-16-00. Formerly
§ 12.04.235)
12.04.165 Agency recommendations.
At the time of the preliminary short subdivision or subdivision fit-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 Seattle King Geunty health agency
depaFtffient and for paying the health departFnent review fee.
(Ord. No. 1840; Ord. No. 2863, § 1(12.04.266), 8-1-89; Ord. No. 3511, § 3, 5-
16-00. Formerly § 12.04.370)
12.04.170 Short subdivision committee.
A. The short subdivision committee shall consist of the planning
diFeote manager, who shall be chairman; the director of parks and recreation;
the director of public works; the fire chief; and a land use and planning board
member. Each committee member is authorized to designate an alternate to
attend in their absence. A designated alternate shall have full voting power in
the short subdivision approval process.
B. At least Tthree (3) of the five (5) members of the short subdivision
committee must be present in order for the committee to take any action.
(Ord. No. 3511, § 3, 5-16-00)
12.04.175 Short subdivision preliminary plat meeting.
A public meeting attended by the applicant or representative and the short
subdivision committee members shall be held within forty (40) calendar days of
the determination of completeness of the application. The meeting shall be open
to the public.
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(Ord. No. 3511, § 3, 5-16-00)
12.04.177 Public hearing.
A. The hearing examiner shall hold an open record public hearing on any
subdivision preliminary plat within one hundred (100) calendar days of planning
services' determination of a complete application and acceptance of the
application in compliance with KCC 12.01.100.
B. A record of the public hearing shall be kept by the city and shall be open to
public inspection.
(Ord. No. 1840; Ord. No. 2863, § 1(12.04.265), 8-1-89; Ord. No. 3424, § 25,
11-17-98; Ord. No. 3511, � 3, 5-16-00. Formerly � 12.04.360)
Cross reference(s) — Hearing examiner, ch. 2.32; administration of
development regulations, ch. 12.01.
State law reference(s) — Notice, RCW 58.17.090; hearing examiner system,
RCW 58.17.330.
12.04.180 Approval criteria.
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;
q. Open spaces;
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h. Community parks and recreation;
i. Neighborhood tot lots and recreation areas;
i. Schools and school grounds;
k. Transit stops;
Ig. Connectivity of streets, reads, alleyways and other private and public ways
for vehicular tFanSpeFtatimaRand pedestrian circulation and access in and between
subdivisions and neighborhoods, where feasible;
mh. Connectivity of sidewalks, pedestrian pathways, traffic calming features and
devices, and other planning 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 fagade 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 no provide the new lots with direct
vehicular access;
2. The city has considered all other relevant facts; and
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 subdivision site and may deny a proposed plat because of flood,
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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. , OF in9pact fees shall be
allowed that constitutes an uneenstitutienal taking of private prepeFty. The City
(Ord. No. 3511, § 3, 5-16-00; Ord. No. 3561, § 1, 6-5-01)
12.04.185 Decision on preliminary short subdivisions.
A. The decision of the short subdivision committee shall be made at the short
subdivision committee meeting. The
meeting may be continued if no decision is reached at the first meeting and
additional information is needed. The second continuation of the meeting shall
be set for the next scheduled short subdivision committee meeting or a date
mutually agreed upon by the ,"wider applicant and the short subdivision
committee.
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
committee's decision and shall be provided with a copy of the committee's
findings addressing their reasons for approval or denial.
C. The short subdivision committee may approve, approve with modifications
and conditions, or deny the application for a short subdivision. Any Sher
subdmvwsmen which has feur (4) er fewer lets shall net be subject to full
subdivision standards and shall net be required te cemply with all ef the design
D. If modifications are deemed necessary by the short subdivision committee,
they may be added to the original short subdivision plat or a new short
subdivision plat may be required.
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E. An applicant may request that an application previously denied or approved
with conditions , o which the short subdivision eemmottee has taken affoF,.,.,atove
act+e—be reopened by the committee if it is found by the planning teeter
manager and the applicant that new information has come to light that might
affect-modify the actions previously taken by the short subdivision committee.
F. In case of a denial by the short subdivision committee, any appeal made shall
be to the hearing examiner in accordance with KCC 12.04.190. New information
may be presented during hearing examiner consideration of the appeal.
(Ord. No. 1840; Ord. No. 3511, § 3, 5-16-00. Formerly § 12.04.240)
12.04.190 Appeal of short subdivision committee decision.
The decision of the short subdivision committee shall be final, unless an appeal
by a party of record is made to the hearing examiner within fourteen (14)
calendar days after the short subdivision committee's decision. The appeal shall
be in writing and shall be processed pursuant to Ch. 2.32 KCC 2.32. The
decision of the hearing examiner shall represent final action of the city and is
appealable only to the superior court.
(Ord. No. 1840; Ord. No. 3169, § 2, 5-17-94; Ord. No. 3424, § 23, 11-17-98;
Ord. No. 3511, § 3, 5-16-00. Formerly § 12.04.250)
12.04.192 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.
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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 the requirements of KCC 12.01.160(1). A
request for reconsideration temporarily suspends the appeal deadline.
Reconsideration requests shall be answered in writing by the hearing examiner
within five (5) working days of the request. If a request for reconsideration is
denied, the appeal deadline of the hearing examiner's decision shall
recommence for the remaining number of days. If a request for reconsideration
is accepted, the hearing examiner's decision is not final until after a decision on
reconsideration is issued.
(Ord. No. 3511, § 3, 5-16-00)
12.04.193 City council closed record appeal
The decision of the hearing examiner shall be final, unless an appeal is made by
a party of record to the city council within fourteen (14) calendar days following
the issuance of the notice of decision and in accordance with the requirements
of KCC 12.01.195. The appeal shall be heard by the city council in a closed
record appeal hearing. No new evidence may be presented. The decision of the
city council shall represent final action of the city and is appealable only to
superior court.
12.04.195 Appeal to superior court.
The decision of the hearing examiner is final for short subdivisions and the
decision of the city council is final for subdivisions; unless it is appealed to the
superior court. Such appeal must be filed with the superior court within twenty-
one (21) calendar days from the date the decision was issued.
(Ord. No. 3511, § 3, 5-16-00)
12.04.200 Property annexed to city with short subdivision preliminary
plat approval from King County.
A. In instances where property annexed to the city has received subdivision or
short subdivision ffelifninai=y plat approval from King County prior to
annexation, the planning services public works
department, fire department and parks and community
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service 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, dFainagewaysstormwater 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 Kent 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.
D. The procedures for type Psubdivision or short subdivision final plats shall be
those county procedures and regulations in effect at the time of vesting of the
preliminary sher-t plat application in the county.
(Ord. No. 1840; Ord. No. 3511, § 3, 5-16-00. Formerly § 12.04.400)
12.04.205 Installation of improvements or bonding in lieu of
improvements.
A. The following tangible improvements ffki- shall be required before a type 1
final plat or final short bdivisien plat is recorded:
1. GFading and paving ef StFeets and alleysConstruction and subsequent
acceptance by the City of all public and private improvements as required by the
conditions of approval;
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2_All improvements are to be made pursuant to specifications and standards of
tWs-city, code, approved by the public works department and in accordance with
standaFds-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
Ordinance No. 3490 as enacted or as subsequently amended.
C. Prior to proceeding with subdivision or short subdivision improvements, the
subdivider shall make application for such permits from the city as are
neeessaryrequired. The applicant is also responsible for complying with all
permit requirements of other federal, state and local agencies.
D. No plat or short subdi isien Ip at 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 certain en site
improvements, written application shall be made to the public works
department and planning departments services stating the reasons why such
delay is necessary. If the deferment is approved, the developer shall furnish a
peFfOFmanee 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 th-e-all
required public and private improvements remaining to be constructed. The
decision of the public works director and planning d+recter
manager, or respective designees, as to the amount of such bond shall be
conclusive. Such bond shall list the exact work that shall be performed by the
applicant 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 performance 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
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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, his heirs,
successors and assigns.
F. The public works department shall notify the-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. T#e Planning department
services shall notify the developer advising him to proceed with recordation of
the short s..b,.ivisien 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.
(Ord. No. 1840; Ord. No. 3511, § 3, 5-16-00; Ord. No. 3561, § 1, 6-5-01.
Formerly § 12.04.410)
State law reference(s) — Improvements, RCW 58.17.130.
12.04.210 Filing the final short plat.
A. A final plat or final short plat shall be prepared by a Professional Land
Surveyor licensed in the State of Washington and be submitted to planning
services along with all forms required and with the number of originals and
copies requested.
AB. The short subd.visien final plat or final short plat submitted for filing shall
comply with the conditions of preliminary approval and RCW 58.09, WAC
332.130, and RCW 58.17.
less than ene (1) ineh Fepi=esenting ene hundFed (109) feet en sheets eighteefi
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depaFtment, in consultation with the planning The original
drawing shall be in black ink on mylar or photographic mylar, and hall
1. include the date, title, name and lecatien of the subdivision, graphic scale
and tFue north pointj
2. Shew the location ef all existing fences and StFUCtUres in Felatien to let lines
3. Shew the lecatien of utilities, streets and easements within or abutting shert
pfa-t—,
numbeFed on numerical E)rdeF, FeseFvatmens, easements, and any areas to be
dedicated to public use, with netes stating theiF PUFPese and any 4. Display the lines ef all StFeets and reads, alley lines, let lines, let and bleeks
site;S. Centamn data sufficient to determine Feadily and Fepreduce on the greund the
location, beaFing, and length ef eveFy StFeet, easement line, lot line, beundary
line and bleek line on
6. include dimensions to the neaFest one hundFedth ef a feet and angles and
beaFingS on / minutes and /
eity engineering WeFl(S fE)F peFrnanent CentFel menuments en the final plat as determined by the
9. Be mathematically
deteffnined by the eity engineer's effice. All inteFieF monuments shall be
StFeets/ alleys and /
!I. Centamn a metes and beunds legal deseFiptien en the face of the final pla-t
mylar which reflects all toes te subdivision lines, donation claim 'Ones and/er
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recorded plat lines. The plat shall be aceen9panied by a CUFrent plat eeFtifieat-e
w the Odentmeal metes and beunds legal deSCFiPtiOn ef the land to be
12. Be aceempanied by a complete survey ef the section in whieh the plat e
plat within such sectien er seetiens. The plat and sectien SUFvey shall be
submitted w0th complete field and eemputatien notes shewing the eFiginal eF
ef the plat shal' aceen9pany this data. The allewable eFFeF ef CleSUFe shall net
}Finger} state F lations.
f at
,
15. Be signed by the ewneF of the PFeperty en the face E)f each final plat ,
deed ef tFUSt, eF etheF helder ef beneficial title te the prepeFty being subdivided
0 ndicatting that the shOFt subdivision is made with free eensent and in accerdance
the netaFized ceFtificate shall be signed by a'' parties having any ewnership
nterest" shall include legal and equitable PFeperty but not,
limited / / future, contingent OF whele fee /
C8. In addition to other requirements as specified in this section, the final plat
shall contain or be accompanied by the following:
1. Certmfocatien showing that streets, rights ef way and a'' sites feF public use
have been PFE)peF'y dedmeate-EIT
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that Fnenuments and stakes will be 2. Gertmfocatmen by a licensed land SHFveyeF that a SHFvey has been made an-d
1. Signature of the owner of the property on the face of the final plat mylar;
2. Include 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 short subdivision is made with free consent and in accordance
with their desires, and if the 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.
3-3. Certification by the responsible health agencies that the methods of sewage
disposal and water service are acceptable;
44. 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 12.04.205 (D),
deferred improvements;
5-5. The subdivider shall furnish the city a current plat certificate or title report
from a title insurance company, produced no more than forty-five (45) calendar
days prior to final plat application, that documents the ownership and title of all
interested parties in the plat, subdivision, or dedication and that lists all liens
and encumbrances. The legal description in the title report shall be identical to
the metes and be nds legal description on the face of the plat. The city reserves
the right to require updates of the certificate or title report at any time prior to
signing the final plat by the short subdivision committee chairman. In addition,
any person signing for a corporation must provide the documentation that shows
they have the authority to execute on behalf of the said corporation;
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66. Copies of any restrictive covenants as may be used in the subdivision or
short subdivision;
77. Certification of approval to be signed by the King County assessor;
88. Certification of approval to be signed by the King County recorderL.
9. Certificate of approval by the chairman of the short subdivision committee;
10. Copies of any bylaws for a Home Owner's Association, if created.
DG. All shert subdivision final platssubdivisions and short subdivisions shall be
surveyed by a land surveyor licensed in the state of Washington. All exteFieFlot
tract, parcel and right-of-way corners and/-of angle points shall be set with bar and cap. re
accordance with RCW 58.09. The type of sStreet monuments
used shall be in accordance with city of Kent design and standards and shall be
installed per those same standards. Sufficient intervisible monuments shall be
set to insure that any property within the subdivision can be readily resurveyed
at a later time or as may be specified by the public works department. All final
plats and 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.
of approval by the chairman of the shOFt subdivision cemmittee, the King County
asseSSOF and the King County FecerdeF must be PFeVided en the final MylaF.
ED. If any utility companies and/or utility districts have existing easements
within the proposed plat, the platter 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 must be submitted to Oie-planning services for
review as to compliance with all terms of the preliminary approval-ef
terms of bonding or the completion of all
improvements; and completeness and accuracy of survey data and platting
requirements.
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G . Th-eA short subdivision final short plat shall be signed by the chairman of the
short subdivision committee when the plat is determined to be in compliance
with all applicable short subdivision platting requirementsand before it is filed
with King County.
H. After all final plat conditions for a subdivision have been met, planning
services shall set a date for a public meeting for the city council to consider the
final plat.
I. Before the final plat of a subdivision is submitted to the city council, it shall be
signed by the city engineer and planning manager. After the final plat is
approved by the city council, it shall be signed by the mayor and the city finance
director.
JG. An approved sheFt subdivision final plat or short plat shall be filed for record
0n the effic^ of with th-e-King County aad+ter and shall not be deemed approved
until filed.
K#. A conformed copy of the recorded plat or short plats shall be filed with t-19-e
planning services and the one set ef the original Fnylar shall be filed
with the department of public works department.
(Ord. No. 1840; Ord. No. 3511, § 3, 5-16-00; Ord. No. 3561, § 1, 6-5-01.
Formerly § 12.04.260)
12.04.215 Short subdivision preliminaMplat expiration.
Short subdivision preliminary plat approval shall lapse three (3) years from the
date of approval unless a final plat based on the preliminary plat has been
reviewed and approved by the city and recorded with King County. If the sh^�}
subdivision final plat us net filed within one (1) year ef the date of prelinginary
plat appreval, the shert subdivisien plat shall be null and veid. Upen writteri
request of the subdivider, the planning department may grant ene (1) extensien
ef not mere than ene (1) year. Such request must be received by the planning
department prier to the ene (1) year expiratien date.
(Ord. No. 1840; Ord. No. 3443, § 1, 2-16-99; Ord. No. 3511, § 3, 5-16-00.
Formerly § 12.04.280)
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12.04.220 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 €ouf
nine 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€ewi= nine lots within the original short subdivision boundaries.
(Ord. No. 1840; Ord. No. 3511, § 3, 5-16-00. Formerly § 12.04.290)
12.04.221 Subdivision preliminary plat expiration.
A. Subdivision preliminary plat approval shall lapse five (5) years from the date
of approval unless a final plat based on the preliminary plat, or any phase
thereof, is submitted within five (5) years from the date of subdivision
preliminary plat approval. One (1) extension of one (1) year shall be granted to
an applicant who files a written request with planning services at least thirty
(30) calendar days before the expiration of the five (5) year period, if the
applicant can show that he has attempted in good faith to obtain approval of the
final plat within the five (5) year period.
B. Additional time extensions beyond the one (1) year period may be granted by
the planning manager if the applicant can show unusual circumstances or
situations which make it impossible to record the final plat within the six (6)
year period. The applicant must file a written request with planning services for
this additional time extension. The request must be filed at least thirty (30)
calendar days prior to the subdivision preliminary plat expiration date. The
request must include documentation as to the need for the additional time.
Additional time extensions shall not be granted in greater than one (1) year
increments.
C. In the case of a phased subdivision, final plat approval by the city council of
any phase of the subdivision preliminary plat will constitute an automatic one
(1) year extension for the filing of the next phase of the subdivision.
(Ord. No. 1840; Ord. No. 2863, � 1(12.04.268), 8-1-89; Ord. No. 3424, � 27,
11-17-98; Ord. No. 3511,E 3, 5-16-00. Formerly � 12.04.390)
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State law reference(s) — Similar provisions, RCW 58.17.110, 58.17.120,
58.17.140.
12.04.223 Decision on subdivision final plat.
The city council shall approve, disapprove or return the final plat to the applicant
for modification and/or correction within thirty (30) calendar days of the date of
the city's determination of acceptance of the final plat application, unless the
applicant consents to an extension of such time period.
(Ord. No. 3511, � 3, 5-16-00)
12.04.225 Subdivision final plat expiration.
If a final plat has not been submitted for recording within six (6) months after
approval by the city council, the plat shall expire and be null and void. To
revitalize the expired plat, the plat shall be resubmitted as a preliminary plat.
One (1) extension of no longer than six (6) months may be granted by the city
council.
(Ord. No. 3511, § 3, 5-16-00I
12.04.2275 Procedure for alteration of a type 4subdivision or short
subdivision.
A. If an applicant wishes to alter a type 1--subdivision or short subdivision or any
portion thereof, except as provided in KCC 12.04.230, that person shall submit
an application to t#e—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 subdivision or short
subdivision or in that portion of the .bdivisien to be altered.
B. If the subdivision or short subdivision is subject to restrictive covenants which
were filed at the time of the approval of the subdivisien, and the application for
alteration would result in the violation of a covenant, the application shall
contain an agreement signed by all parties subject to the covenants providing
that the parties agree to terminate or alter the relevant covenants to accomplish
the purpose of the alteration of the subdivision or short subdivision or aU
portion thereof.
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C. If the alteration is requested to a shert bdivisien prior to final plat review
and signature, a minor alteration may be approved with consent of the planning
dmrectermanager and the public works director. A major plat alteration shall
require consent of the short subdivision committee for short subdivisions or the
hearing examiner for subdivisions; after public notice and a public meeting or
hearing is held. Tie—pPlanning services shall provide notice of the
application for a major plat alteration to all owners of property within the
subdivision, all parties of record, and as was required by the original subdivision
or short subdivision application. The planning der manager shall have
the authority to determine whether the proposed alteration constitutes a minor
or major alteration.
D. If the alteration is requested to a shOFt subdivision-after final plat review and
signature, but prior to filing the final plat with King County, a plat alteration may
be approved with consent of the short subdivision committee for short
subdivisions or the city council for subdivisions. Upon receipt of an application
for alteration, the—planning services shall provide notice of the
application to all owners of property within the subdivision, all parties of record,
and as was required by the original application. The notice shall
establish a date for a public meeting or hearing.
E. If the alteration is requested to , sheet subdivision after filing the final plat
with King County, a minor plat alteration may be approved with consent of the
short subdivision committee in the case of short subdivisions or the city council
for subdivisions. If the planning der manager determines that the proposed
alteration is a major alteration, then the planning der manager may require
replatting pursuant to this chapter. Upon receipt of an application for alteration,
the—planning services shall provide notice of the application to all
owners of property within the subdivision, all parties of record, and as was
required by the subdivision plat application. The notice shall establish a date for
a public meeting or hearing.
F. The s ert subdivision ommottee 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
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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.
G. After approval of the alteration, the city s ert subdivision m;ttee shall
order the applicant to produce a revised drawing of the approved alteration of
the subdivision or short subdivision, which after signature of the chaiF of the
short subdovosmen c the final plat shall be filed with t+-,eKing County
to become the lawful plat of the property.
H. This section shall not be construed as applying to the alteration or replatting
of any plat of state-granted tides er shore lands.
(Ord. No. 3511, § 3, 5-16-00)
12.04.230 Procedure for vacation of a subdivision or short
subdivision.
A. Whenever an applicant wishes to vacate a type 1 subdivision or short
subdivision or any portion thereof, that person shall file an application for
vacation with thf--planning services. The application shall set forth
the reasons for vacation and shall contain signatures of all parties having an
ownership interest in that portion of the subdivision subject to vacation.
B. If the sher-t ubdivisiendevelopment is subject to restrictive covenants which
were filed at the time of the approval ef the—s;e,t subdioisen, and the
application for vacation would result in tyre—a violation of a covenant, the
application shall contain an agreement signed by all parties subject to the
covenants providing that the parties agree to terminate or alter the relevant
covenants to accomplish the purpose of the vacation of the subdivision or short
subdivision or portion thereof.
C. When the vacation application is specifically for a city street or road, the
procedures for street vacation in Gh. 6.99 KCC 6.09 shall be utilized followed for
the street or road vacation. When the application is for the vacation of the 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.
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D. Th, P-planning services shall give notice to all owners of property
within the subdivision or short subdivision, and property owners within two
hundred (200) feet of short subdivision boundaries, all property owners within
three hundred (300) feet of subdivision boundaries, and to all applicable
agencies. The short subdivision committee shall conduct a public meeting in the
case of short subdivisions and the 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 for
a vacation if the request involves a public dedication. The application for
vacation of t#e—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 of the—s . If any portion of the land contained in the
heFt ,.Hbdivisien 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
the 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 of
state-granted tide-er shore lands.
(Ord. No. 3511, § 3, 5-16-00)
12.04.235 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
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adopted city, county and state rules, regulations, plans and policies including
but not limited to:
1. Chapter 58.17 RCW (subdivisions)
2. Chapter 43.21C RCW (SEPA)
3. City of Kent Title 6 (public works)
4. City of Kent Title 7 (utilities)
5. City of Kent Title 11 (environmental management)
6. City of Kent Title 13 (fire prevention and protection)
7. City of Kent Title 12 (planning and land development)
8. City of Kent 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.
12.04.240 Connectivity.
The following goals and criteria listed below shall be considered by the public
works department and planning services in evaluating connectivity:
1. Increase through-connections to adjacent subdivisions and activity centers.
a. Subdivision streets should connect through to serve adjacent properties
except where impractical.
b. Cul-de-sac streets of the subject subdivision should provide
pedestrian/bicycle pathway(s) from bulb-ends to neighboring subdivision()
streets or other adjacent activity centers.
c. Subdivisions should provide continuous sidewalks on both sides of streets
fronting developed lots and connect to other streets.
2. Provide streetscaping improvements.
a. Vehicular traffic calming elements should be included in the subdivision.
b. Planting strips and medians should be included in the subdivision.
c. Neighborhood identity elements such as entry monument signs, medians and
pavement textures should be included in the subdivision.
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A. it is the PUFpese of this section to PFOVmde fOF the pFetectmen ef valuable,
te pFeseFve tFees and nattAFal vegettatmen. This is beneficial to the city On
subdovideF on CFeating an attFactive and quality enVmFenment. Land which is
feund te be unsuotable feF subdivision includes land with featLAFes likely te be
haFMfU' te the safety and geneFal health ef the future residents sueh as land
Land which the city ceuncil censideFS '---pp--p-.ate feF subdovismen shall net be
subdmvmded unless adequate Fnetheds aFe pFeVided as safeguaFds against these
befeFe the city eeuncol shall heaF the final plat. EveFy Feasenable effE)Ft shall be
made o pFeseFve existing tFes. Every effort shall be ...ad= }= p~ --r - - ---•-}ing
the subject pFepeFty, a plan shall be pFesented which indicates how the StFeam
will be pFeseFved. Methedelegy should include an eveFflew aFea, and an attempt
plan feF the replatting, subdivision, eF dedicatmen ef any areas shall be approved
by the city council unless the streets shewn therein aFe cennected by a SUFfaced
i=itv_ The pr epE)i%d itic.c t system shall extend existing Streets at the samEif)r
pFeposed StFeet names shall be appFeved by the city. StFeets inteFseeting with
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existing eF pFepesed public highways, majeF eF secondaFy aFteFials shall be held
}„
C. The alignment of all stFeets shall be Feviewed and appFeved by the pubk
appFeved by the public WeFl(s depaFtment, in consultatmen with the planning
seFVices office and the fmFe pFevention division:
2. Resodentmal eul de sacs shall not exceed a length ef five hundFed (500) feet.
3. Ne StFeet gFades shall exceed fifteen (15) peFeent. A gFading peFMit shall b-e
iequiied as peF the inteFnatmenal Building Code, the inteFnatmenal Residential
Cede, eF etheF applicable building cedes, as adepted and amended in Ch. 14.01
4. A tangent ef at least twe hundFed (200) feet On length shall be PFE)vmded
sixty (60) feet eF FAE)Fe in width, the centeFline Fadmus ef CUFvatUFe shall be no
less than thFee hundFed (300) feet and en etheF StFeets it shall be net less thaR
length ef two hundFed (200) feet unless specified otherwise by the public werks
7. All StFeets shall be platted at full width. All StFeet OMPFE)vements shall be Of
full width iMpFevement. Full width shall consist ef the follewing:
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b. All Street and alley Surfaces shall be ef asphalt CeREFete aCCeFdong te City
c. All Streets may have permanent cenCFete Curbs and gutters aCCeFdong tE) Cmt�yl
d. All Streets shall have steFm dFamns censisting of the pFepeF size pipe and catch
basins eF open ditch which is te be deteFMined at the tome ef the public heaF"-g
be installed except affess an autheFmzed dFmvewa�-
have sidewalks, with a minimum ef five (5) feet width on at least ene (1) side.
f. All Streets shall have Street lighting lecated and installed on aceeFdance with
the standards of the public WeFl(s department as fellews:
Street Type Maximum Lighting Heil
Re5-Fde igcra 2t
r•� sue
g. Streets which may be extended On the event Of future adjacent platting may
be required te be dedicated te the beundary line. Extenswens ef greater depth
than an average let shall be impreved with temperary turnareunds. Dedicati
ef a full wwdth boundary street may be required On certain instances te facilitate
future develepment.
h. Planting strips are required residential subdivisiens and shalk
Be net less than five (5) feet Street light heights and spacing shall censwdeF the canepy and Feet systeFff
Be lecated between curbs and sudewalks, except en cul de sac streets;
Gentain street trees appropriate te the city censtructien standards, as applied
by the public werks department, in censultatmen with the planning services effice
and fire preventmen duvwsmen,-
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leaves, fallen bFanches, and fFUit debFiS. Maintenance does not include such
thongs as feFtiliZing, tFOMMing, Feet COntFel, Femeval of dead eF dying tFees, Of
nseet and disease ntr..I
must be adheFed to Of full pavement is FeqUiFed:
Street Dew-:,; Lenient WM
Standards (feet) (feet)
00 B-9
Mine A.-te TQ 7V
Residentialr Street 49 2-&
r��Ira' de S a e 4-3 2-&
Where full pavement is net reqUiFed, the Fight ef way widths shall remain the
same for the type ef street defined On the cemprehensive plan. The imprevemen
may consist of twe (2) eleven (11) feet driving lanes and twe (2) eight (8) f
shoulders and twe (2) six (6) feet drainage sectiens and twe (2) five (5) feet,
if a subdivision is lecated in the area ef an efficially designed trawl,
may be made for reservatien ef the right ef way er fer easements te the city for
tram! purpeses.
12.04.243 Traffic Calming.
A.8-. 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.
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a. 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.
b. Mid-block chokers are required on blocks greater than five hundred (500) feet
in length, unless otherwise determined by the public works department.
c. 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:
i. Traffic circles;
ii. Chokers;
iii. Chicanes; and
iv. Speed humps.
maintain. Such nenpublie StFeets n9ay seFve nOt MeFe than none (9) lets. These
sti=eets shall have asphaltic or eenCFete SUFface. The minimum paving width fe
all limited residential accessshall be twenty (20) feet.
wide sidewalk shall be provided en ene (1) side of the street, as a
HeweveF, a sidewalk is n0t Fecluired en limited residential aceess streets seFVing
feur (4) OF less dwellings.
12.04.245 D-. Exterior street buffering.
A.—A minimum ten (10) foot wide perimeter strip of type II landscaping and
associated fencing shall be provided along the subdivision or short subdivision
perimeter where it is adjacent to a public or private Feadway street that does
not provide direct vehicular access to individual lots. The landscaping strip shall
include an automatic irrigation system sufficient to ensure survival of the
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planted materials. Fencing constructed of wood, iron, masonry, or other suitable
materials approved by the planning manager shall be located between the
landscaping strip and the short subdivision lots and shall be constructed of
consistent materials and configuration along the length of the street frontage.
The fence and landscape strip shall be located in a separate tract and shall be
depicted on the final shOFt bdivisieF plat map. Maintenance of the landscape
strip and fence shall be the responsibility of a homeowners' association or other
entity approved by the city.
(Ord. No. 1840; Ord. No. 3511, § 3, 5-16-00; Ord. No. 3561, § 1, 6-5-01; Ord.
No. 3690, § 9, 5-4-04; Ord. No. 3830, § 6, 3-6-07. Formerly § 12.04.430)
A. All utilities designed to serve the subdivision shall be placed undeFgreund.
These utilities to be located in the planting strop shall be placed On such a
manner and depth te permit the planting of trees. These utilities te be lecated
beneath paved surfaces shall be installed, including all service cennectiens, a-s
B. Unless septic tanks are specifically appFeved by the city, sanitaFy sewers shall
be PFOVided at no cest te the city and designed in aCCeFdance with city
star s.
surface water. Gress dFamns shall be provided te accernmedate all natural wate-r
flew and shall be of sufficient length te permit full width readway and requir
slepes. The size �V�1111.gs te be previded shall be determined by C. An adequate drainage systeng shall be previded for the PFOpeF dFainage ef all
fermula, but in ne case shall be less than twelve (12) inches.
D. The water distributien systern including the lecatiens ef fire hydrants shall be
designed and installed in accerdance with city standards as defined by
^f AA 2A5 Pfub1:e use and
serviiee areas.
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66
which,Due censodeFatien shall be given by the subdivideF to the allecatien on
adequately sized aFeas feF public seFviee usage. Easements may be FequiFed feF
the maintenance and epeFatien ef utilities as specified by the engineeFing
12.04.250 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 OF read,
public or private. The size, shape, and orientation of lots shall meet the
minimum area and width requirements of the applicable zoning classification and
shall be appropriate for the type of development and use contemplated. Corner
lots may be required to be platted with additional width to allow for the
additional side yard requirements. Lots which are bordered by two (2) more or
less parallel streets shall be permitted access to only one (1) of those streets. All
lot corners at intersections of dedicated public rights-of-way and private access
tracts or easements shall have minimum radii of fifteen (15) feet.
(Ord. No. 1840; Ord. No. 3511, § 3, 5-16-00; Ord. No. 3561, § 1, 6-5-01.
Formerly § 12.04.470)
A. Menuffients. Gener-ete permanent eentr-el menuments shall be established at
be 'eeated as deter-mined by the engineering department. All surveys shall be ef
ether- letbe marked with suitable metal e weed markers.
B. Street signs. The subdivider- shall reimburse the city on the eest ef the publi-e
street name signs and mnstallatien neeessary in the subdivisien. The subdivide
at his eest shall install street name signs en all pr-ovate streets the subdivisien.
the subdovismen has aver-age slepes greater- than fifteen (15) per-eent and
whieh any street On the subdivisien has gr-ades greater- than seven (7) per-eent at,
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n PFeblems PFesent in such aFeas. The fellewing standards shall apply to
12.04.255(A) and (B) which shall apply unless specifically excepted:
shall be PFesented in OFdeF te deteFMine of the subdivision can be safely
devefe
2. Detailed plans feF any PFepesed cut and foil epeFatmens shall be submitted.
These plans shall include the angle E)f slope, centoUFS, cempactien, and Fetaining
was.
may be less than these FeqHiFed in KCC 12.04.235(C)(6) and (C)(7)(a) Of it
feund that tFaffic geneFated will be less than On a nenhillside subdivisienr-.
4. Lets Fnay be FeqUiFed te be !aFgeF than minimum let sizes FequiFed by KCC
largeF than these in less steep aFeas ef the subdi'v"ISI"w-1-1.
S. Any cleaFing OF grading shall be accempanied by eFOSien centrel measures as
Gross reference(s) View regulatiens en hillside developments, §3. StFeets may have a gFade exceeding fifteen (15) peFeent and StFeet widths
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 Title 15.08.320 and 15.08.330. These
standards include minimum lot size, width, depth, etc.
B. The regulations of KCC 12.04.235 through 12.04.250§ shall apply unless
specifically excepted. in additien, the following standards shall apply to zero lot
line subdivisions unless specifically modified in the conditions of preliminary
approval.:
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1. Stfeets� eurbs and sidewaH<s
a. Publie streets. in eeFtain areas, due to existing eF planned circulation
systems, it may be neeessary for the City to FeqUiFe publiC Fights of way to be
previded within the development. When the provision ef such Fights of way-+S
necessary, the right of way width, paving width, and ether standards shall b-e
the same as would otherwise be reqUiFed. The perimeter buffering FeqUiFement,
shall be applied along these rights of way.
b. Nonpublic streets. Ownership Of private streets not open to public circulation
shall remamn w0th a homeowners' association and shall be their responsibility to
maontamn. These streets shall have asphaltic or conEFete surfaee, and Concrete e
asphalt curbing shall be provided along beth sides of all streets except wheF-e
EUFb cuts are necessary for driveways. The minimung paving width for all
cellecteF streets within the zeFe lot line development shall be twenty four (24)
feet. The morimmurn paving width for all residential access streets shall be twenty
(20) feet. A five (5) feet wide sidewalk shall be provided on one (1) side ef the
Street, as a min 0 mum. However, a sidewalk is not FeqHiFed on limited aceess
Streets seFVing twe (2) or less dwellings. in additien, guest parking shall be
. led at a rate of 0.5 guest parking spaces per dwelling unit beyend the
normal parking provided at the dwelling.
2. T of utilities. A,u.,,,es-designed to serve the development shall
placed underground. Any utilities located On a planting strop shall be placed Hnt
such a manner and depth to permit the planting Of trees. These utilities to be
located beneath paved surfaces shall be installed, including all service
cennectiens, as approved by the public weF!(s department. Such installation shall
be completed and approved prier to the applicatien of any surface material.
Easements may be reqUiFed for the maintenance and operation of utilities
specified by the .1 I�Jll It-,-I ill department-.
a. Sani", sewer-s. Sanitary sewers shall be provided at no cost to the city and
designed On accordance with eity standards.
b. Storm drainage. An adequate drainage system shall be provided for the
proper drainage of all surfaee water. Gress drains shall be previded to
accommodate all natural water flew and shall be of sufficient length to permit
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full width readway and required slopes. The size epenings te be provided shall
be deteFR90ned by Talbet's fOFMula, but On ne case shall be less than twelve (12)
0 nches. All mebmie heme paFtS must eemply with city drainage eFdonances.
e. Water system. The wateF diStFibutien system including the lecatien ef fiF-e
hydFants shall be designed and aCEOFdance with city standards as
d. Eleetr4eal heek ups. All electrical heel(ups shall eemply with the Natienal
ElectFoeal Cede. Permits shall be ebtamned frem the State Electrical inspectien
Gross reference(s)-- Zero let line-dev ,
12.04.263 Clustering in urban separators.
A. All Type 4--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 partially within an urban separator as designated on the City of Kent
Comprehensive Land Use Plan Map.
B. Cluster subdivisions shall be subject to the development standards outlined in
KCC Title 15. These standards include, but are not limited to, minimum lot size,
width, yards, setbacks, parking, landscaping, signage, etc.
C. The provisions of KCC 12.04.235 through 12.04.250§, as well as other
applicable portions of this chapter, shall apply unless specifically
eedexempted. In addition, the following standards shall apply to clustered
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.
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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 mnteFest ef e flexibility On site design and
The minimum lot size of individual building lots
within a cluster subdivision is two thousand five hundred (2,500) square feet.
New lots created by any 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 shall be thirty (30) feet.
7. Other development standards. Development standards other than lot size and
lot width shall be the same as are required within the SR-1 zoning diStFiet
which the cluster residential development is leeat
8. Common open space. The common open space in a cluster subdivision shall
be a minimum of fifty (50) percent of the nonconstrained area of the parcel. The
nonconstrained area of the parcel includes all areas of the parcel, minus critical
areas, as defined in RCW 36.70A.030(5) as currently and hereinafter amended,
and buffers. The remainder of the nonconstrained area of the parcel shall be the
buildable area of the parcel. The common open space tracts created by
clustering shall be located and configured in the manner that best connects and
increases protective buffers for environmentally sensitive areas, connects and
protects area wildlife habitat, creates connectivity between the open space
provided by the clustering and other adjacent open spaces as well as existing or
planned public parks and trails, and maintains scenic vistas. Critical areas and
buffers shall not be used in determining lot size and common open space
requirements in a cluster subdivision. All natural features (sueh asstFeams—and
the;F buffeFs, significant stands of trees and rock outcropping), as well as
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sensitive criticalareas (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 fn-ay
shall be conveyed to
residents of the development, conveyed to a homeowners' association for the
benefit of the residents of the development, conveyed to the city with the city's
consent and approval eF te anether party upon appreval ef the eity ef Kent.
(Ord. No. 3551, § 5, 3-20-01; Ord. No. 3663, § 1, 10-7-03)
12.04.264 Clustering in residential zones outside urban separators.
A. When located wholly outside an urban separator, cluster 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 shall be subject to the development standards outlined in
KCC Title 15, unless otherwise modified by this chapter. These standards
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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 12.04.250§, as well as other
applicable portions of this chapter, shall apply unless specifically
exeep exempted. In addition, the following standards shall apply to clustered
Type I 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.
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 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 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 mat less than twelve sixteen
(16-2) feet and no longer than 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 is required for cluster
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development projects using the review criteria in KCC 15.09.045(C), 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 compatible with the
existing land use or property that abuts or is d+reetly across the street from the
subject property. Compatibility includes, but is not limited to, apparent size,
scale, mass, and architectural design.
c. Unusual and sensitive environmental features of the site shall be preserved,
maintained, and incorporated into the design to benefit the development and the
community.
d. The proposed cluster development project shall provide open areas by using
techniques such as separation of building groups, use of well-designed open
space, common or shared space, and landscaping. Open space shall be
integrated within the cluster development project rather than be an isolated
element of the project.
e. The proposed cluster development project shall promote variety and
innovation in site and building design and shall include architectural and site
features that promote community interaction and accessibility, such as porches,
de-emphasized garages, shared driveways, sidewalks/ walkways, and adjacent
common areas. Buildings shall be related by common materials and roof styles,
but contrast shall be provided throughout the site by the use of varied materials,
architectural detailing, building scale, and orientation.
f. Building design shall be based on a unified design concept, particularly when
construction is in phases.
9. Common open space.
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a. The common open space in cluster subdivisions shall be a minimum of
twenty-five (25) percent of the entire parcel, whether or not the parcel is
constrained by critical areas ei�and their associated buffers.
b. Parking areas, public rights-of-way, maneuvering areas, Feadsstreets, storage
areas, driveways, and yards within individual lots shall not be included in
common open space.
c. The common open space tracts created by clustering shall be located and
configured in the manner that best connects and increases protective buffers for
environmentally sensitive areas, connects and protects area wildlife habitat,
creates connectivity between the open space provided by the clustering and
other adjacent open spaces, as well as existing or planned public parks and
trails, and maintains scenic vistas.
d. All natural features (such as stFeaFns—and their buffers, significant stands of
trees; and rock outcroppings) as well as sensitive criticalareas (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 n9ay shall be Fetained by the evvne-F
eFsubdivideF,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, or conveyed to
(Ord. No. 3663, § 2, 10-7-03; Ord. No. 3770, § 1, 11-15-05)
1:2.04.265 Design standards fer industrial and all plats.
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the FeqUmFeFfgents and minimum standaFds ef Fesidential design except as
pFevided On this section.
D.
The stFeet widths shall be as fellews:
R4ght-ef-vPavemen
th
fw��l(r�'a�rrTc Gwf(�u
d �mT
in � StFoal AFteFi 7- Q VG
ppnn a
144
e r n e rEha l Scram 60 36
Alleys 2-9 —
The city may FeqUiFe that street widths in commercial subdivisions be iREFeased
C. All mndustroal arteFial (ninety (90) feet Fight ef way), indUStFial cellecteFs
(eighty (80) feet Fight of way), and cemmeFdal streets (sixty (60) feet Fight ef
way) shall have sidewalks a minimum of five (5) feet On width, en beth sides.
0 ndUStFoal and commeFemal access StFeets which aFe also thFeUgh StFeets shall
have sodewalks a minimum of five (5) feet On width, en one (1) side.
D. All let ceFneFs at ef dedicated publiC Fights ef way shall have a
minimum Fadii of twenty five (25) feet-.
route shall be shewn en the face ef the pFeliminary plat.
F. Bleeks shall net be less than sox hundFed (600) feet eF n9OFe than two
theusand (2,000) feet in length. Blecks should be net less than thFee hundFed
(300) feet On wid-th, except where frenting en rf9ajE)F streets OF pFevented by
tepographical cenditiens OF size ef the pFeperty, On which case the land us-e
hearong examineF may app-Feve a lesser width. Necks sheuld net be gFeater than
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G. Lots aFe eptienal in mndUStFmal and commeFEmal subdivisions. The size, shape
and eFientatmen ef lots shall meet the minimum aFea and width FeqUmFernents e
the applicable zoning classification and shall be appFOPFmate feF the type ef
development and use centemplated. Hewever, Of lets feF individual sale OF lease
1. insE)faF as pFactical, side let 'Ones shall be at Fight angles te StFeet lines e
2. CeFneF lets Fnay be FeqUmFed to be platted vvmdeF than intermer lets as
deteFngmned by the planning depaFtrnefft-.
eFdeF'y and efficient divisien ef lets en a smaller scale, pFemete infill
develepment and meet density requirements in established uFban aFeas whole
w . tizing the applicatien review time, avewding placing undue burdens en the
subduvwder and cemplying with the purpese of this chapter and the prevismens ef
RCW 58.17.060 et seq.
^f AA AAC Seep.
A. Any land being divided inte mere than feur- (4) and less than ten (19) par-eels,
lets, traets, sites er subdivisiens, any ene (1) ef whieh is less than twenty (29�
a e res-i n size and—w b FEh--hFasi--h'}6t-beE'N--d o y a d e d m 9--a ssh e Ftsubdovismen o}d h o n a
ef five (5) years shall be subjeet te the FeqUmFengents ef this seetmen.
dmvmded ms held in cemmen evvnershdp with a eentogueus pareel that has been
subdivasmen ef eentigueus par-eels in the same ewner-shop is defined as
has r-eeeiveEl master- plan appreval by the eity threugh a rezene, planned unit
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shall be peFMitted. Such sheFt subdivisions must be consistent with the
1:2.04.410 Preliminary eansultation with staff.
Any peFSen whe desiFes te subdivide land in the city sheuld censult with the
€e+lews�
subdovismenlette
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1:2.04.420 Subdivision in phases.
in a phased type 11 sheFt subdivision, pFelumonaFy plat appFeval must be gFanted
be develeped on The pFelmmmnaFy plat appFeva' shall be cenditmened
specify a cempletien date feF each phase. Final plat appFE)val shall be gFanted f()-r
each sepaFate phase ef the preliminary plat and any changes at the prelimmna!F�Y
plat stage would FeqU!Fe appFeval ef the short subdivisien conningittee.
1:2.04.425 Tentative short plat review.
A. Appimeatmens fer a sher-t subdivismen tentative plat meeting and review shall bes
filed with the planning department. A tentative plat meeting and re
view shall be eensider-ed equivalent te a pr-e applaeatien meeting fer- the
eepies te be filed shall be on aeeerdanee with the requirements ef the planning
6. Recerdatmen ef the appFeved final plat in the office of the King County
departments, publie utility ageneies serving the area, and te any ethe
G. A meeting en the tentative shert plat shall be held, whieh is attended by the
planning department, ether- eity departments whmeh r-eeeive eepies ef the
tentative plat, and the subdivider. Any r-eeemmenElatmens ef the vu-Hei-I.-
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planning depaFtment.
D. The Fecengngendatmens ef the city d-epaFtngents shall be based on whetheF the
tentative sheFt plat is:
sheFt plat shall be FeeeFded On wFiting and mailed te the subdivideF by the
,
,
4. in Cenfeffigance with building cede ,
developed inj
the city, the applicant shall PFOeeed te the pFelinginaFy sheFt subdivisien stage. if
tentative plat Fecengngendatmens and potential cenditiens, the planning
plat FeqUiFes additienal tentative plat Feview. A new tentative plat Fe,v',.--,V*V' -.,-,u
ngeeting may be FequiFed of the pFelinginaFy plat is not substantially singilaF te the
tentative plat Feviewed by the city. The deteFR90natmen ef the necessity fef
anetheF tentative plat ngeeting shall be based on the following censideFations:
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.,
the pFelinginaFy
plat is a Fefinengent of the tentative plat, er is a cengpletely new plat feF th-e
same PFOpeFty)j and
A. Appimeatmen fer a sheFt subdivision shall be n9ade te the planning department
FepredLAcoble ngateFial at a decingal scale. The plat map shall measure between
eight and ene half (8 1/2) inches by eleven (11) inches and eighteen (18)
0 nches by twenty two (22) inches and shall inclu
1. The r#ert subdmv+3+e n n a ne and number, th e n a rge andd dress-ef the-ewneF,
descriptien of the preperty te be subdivided and drawn to an apprepriate
3. The lecatwen ef existing and prepesed platted preperty lines, and existing
sectien lines, streets, buildings, waterceurses, railreads, bridges, and any
recerded public er private utility er readway easements, beth en the land te be
dostance ef ene hundred (100) feet frern the edge ef the subject prepertyj
and the narne and address ef the imeensed land SUFveyOF and if applicable, the
alleys, easengents, traffic cainging featLAFes and devices, parks and etheF epen.
spaces, reseFvatmens and utilitiesi
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let; and the approximate square feetage and approximate peFeent of total
S. The acreage of land te be subdivided; the number of letsi the area of each
7. Hew the pFepesed subdivision will be seFved by utilities and the lecatien ef
sewer and }" lines;
8. All existing StFUCtUFes and distances fFem any existing and pFepesed let lines
within er abutting the shert subdivisien within a distance of fifty (50) feet7
SUFveyer licensed On the } to
featUFes and devices, and etheF planning features that assure safe walking
!I. All ef the mnfOFngatmen requested on the applicatien feFng by the planning
d }e
State law reference(s) Similar provisiens, RCW 58.17.240, .
!. CFeate legal building sites which cengply with all prevismens ef Kcc Title 15,
Zening, and health
acceptability are met. The shert subdivisien shall--.
3. Have suitable physical characteFiStiCSj a preposed shert plat ngay be denied
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subdivmsmen standaFds of that juFisdictien as well as the FequiFements of this
supplies, sanitaFy wastes, and etheF public utilities and seFVices, aS FeqUiFed by
4. if adjacent to another municipality eF King Geunty, take into censideFatien the
side access gaFage, eF a gaFage accessed via a FeaF alley, eF a gaFage set ba
ne less than ten (10) feet fFeR9 the fFent facade of the heme, eF etheF design
appFeved by the planning rnanageF. Lets and Feadways shall be eenfigLAFed such
that at least two (2) ef these eptiens aFe suppeFted in each l9ew develepngenti
that do net pFeVide the new lets with diFeet vehieulaF accessi and
cenStRictien of hemes with dinginished gaFage deOFS such that ne less than fifty
3 6 0 7�
1:2.04.440 Determination of cempleteness.
Within twenty eight (28) calendaF days afteF Feceiving a type 11 sheFtE
subdivisien pFeloFnmnaFy plat applicatien, the planning depaFtngent shall mail ef
cernplete. The letteF shall alse identify, te the extent l(newn by the City, etheF
deteFfflines that an application is net cengplete, the applicant shall have up te
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applicant eitheF Fefuses in WFiting to submit additional infOFmatmen eF does net,
submit the FequmFed within the ninety (90) calendaF day peFied, the
application shall lapse because of a lack of necessaFy to cemplete
the Feview. Within feHFteen (14) calendaF days afteF an applicant has submitted
the Fequested additienal infOFmatmen, the city sha'! again make the completeness
deteFMonatmen and shall notify the applicant in the same manner.
if the sheFt subdivision application is determined to be cemplete, the planning
department shall accept the application and note the date of acceptance. The
deteFMonatmen of a complete application and acceptance of the applicatmen by the
city. if the city does net pFeVmde a WFitten deteFMonatmen to the applicant that
the application is incomplete, the application shall be deemed cemplete at th-e
end of the twenty eight (28) day completeness r..V,'..v Fj%�l i%jul.
ninety (90) calendar days to submit the necessaFy onfOFmatmen to the city. if the
the time that a preliminaFy plat application for a type 11 shert subdiVi—iollf
defoned On this chapteF, has been deteFMined to be complete and has been-
accepted by the city of Kent, PUFSuant to KCC
chapteF and the zoning and etheF land use Fegulatmens on effect on the land a
mailed,feur-teen (14) ealendar- days after- the eity has made a determination ef
subdovisien eemmmttee meeting date. The netmee of appimeatmen shall be
published and pested on the same day, On the fellewing manner�
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CiFEUlatmen wothin the city.
2. The city shall pest the netice of application en the publie netice beaFd(s)
placed on the pFepeFty and shall alse post the netice of applicatien at I(ent City
Hall and On the Fegister for Public Feview at the planning depaFtment effice.
3. The city shall mail the netice ef application listing the date ef the shert
(2) acFes which have ether pFeperties abutting them, these additienal pFopeFties-
4. The city shall mail eF send the netice ef application te all agencies witli
jurisdiction, city departments, and to any peFSE)n whe requests such netice
the same pFeject at the tome eF the l FIiest complete p ct permit pIo atmer
.
the planning department shall transmit one (1) cepy ef the applicatien mateFials
apprepriate city depaFtments and te any ether depaFtment E)F agency deemed
necessary. The applicatien shall be transmitted at least fifteen (15) calendar
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the use ef King GeUnty'S eF any etheF City'S OF teWn'S utilities shall be given to
lecated adjacent te the Fight ef way ef a state highway shall be given te the
State DepaFtngent of TFanSpeFtation. Such netice shall include the heUF and
location map. The DepaFtngent of TFanSPOFtatien shall, within feuFteen (14) days
pFeposed shOFt subdivismen upen the legal access to the state highway, the
tFaffmc caffying capacity ef the state highway and the safety ef the useFS of the
state -ighway.
1 2 AA ACC Pub'me notme...
1. Netice ef applicatien shall be mailed, published and pested en the same dayj
at least fifteen (15) calendaF days PFieF te the meeting dat-e-.
2. The date ef the shOFt subdivisien cemmittee meeting shall be listed en th-e
netice of applicatien, which shall be ngailed te the applicant and all ewneFS Of
in additien, if the preperty te be shert subdivided abuts parcels greater than twe
(2) acres which have ether preperties abutting them, these additienal preperties-
shall also be ma.led a netice ef applicatien. The city shall mail er send the netic-e
peFsen who requests such netice in WFiting.
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4. The applicant shall place at least one public notice beaFd en the pFeperty te
be subdmvmded. The public netice bE)aFd must be placed en the pFepeFty as
diFeeted by the planning depaFtFnent, and ne later than fourteen (14) days afteF
beard(s) fFeM the pFepeFty within seven (7) days afteF the end ef the cemment,
subdmvmded is lecated adjacent to MOFe than ene public StFeet OF has mere thaFf
ene potential acceSS Feute, one public notice beard shall be placed en th-e
preperty adjacent to eaeh public StFeet or potential access reute. Planning
department staff shall pest the netiee ef applicatien en the public netice
beard(s) on the prepeFty and shall alse pest the netice ef applicatien at Ken
City Hall and in the FegisteF feF public review at the planning department effiee.
3. The city shall publish the netice of applicati k.,, III ua newspaper eef general
2
AA A7A Pub1:e comment.
A. Affected agencies and the public shall have a feUFteen (14) calendar day
comments Of comments are net received within the specified time peried.
than three (3) additienal calendar days. The public may make written respense
applicatien us mailed, pested and published. The planning department mus
ie,ive all public cernments by 4!3C) p.m. on the last day of the cernment,
Gernngents may be mailed, personally delivered OF sent by facsimile.
peiied has passed-.
/ /
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At the time of the preliminary short subdivismen plat applicatmen, written
recernmendatmens feF appFeval OF disappreval must be submitted from the health
agencies respensible fer approval ef the preposed means ef sewage dispesal
and/er water supply, regaFding the general adequacy ef the pFepesed Fneans ef
sewage disposal and/OF wateF supply. The applicant is respensible fer submitting
the apprepriate applicatien ferms te the Seattle King Ceunty health department
and fer paying the health depaFtment review fee.
shall be / the Elmr-eeter- ef parks and /
/ the fire /
absenee. A designated alternate shall have full veting pewer- in the sher-t plat,
/ /
A public meeting attended by the applicant eF reffesentative and the shert
subdivision cemngmttee ngembers shall be held within fE)Fty (40) days ef the
the public.
/ /
health,1:2.04.490 Approval criteria.
A. A PFOpesed shert subdivision and d-edicatmen shall net be appreved unless the
city fonds that:
1. Appropriate previsiens have been made fer:
a. The public safety and general welfare ef the ,
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,
,
f. ,
h. Community paFks and ,
NeighbeFheed tot lets and play ,
TFansit ,
devices, and etheF planning featUFes that aSSUFe safe walking eenditions wit
and between subdivismens and neighbeFheeds feF Fesidents and students who
3. The public use and inteFest will be seFved by the platting of such shOF
subdovismen and dedicatienj and
wetland / slope,
0 n9pFevengents shall be neted en the final plat.
seFve the subdivision, and/eF the imposition ef impact fees ngay be FeqUiFed as a
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plat. No dedication, pFE)vision of public limpFev ents, eF impact fees shall be
allowed that constitutes an uncenstitutional taking ef private pFepeFty. The City
A The d.,cosien of the sheet hdiyismen cemmittee shall be -,de at the sheet,
B. The city shall make WFitten findings en the sheFt subdivi i fal CFiteFoa.
The applicant shall be netified on WFiting ef the next scheduled sheFt subdovisien cengmmttee meeting eF a date mutually agFeed
. led with a cepy of the s decisien and shall be
and i
subduvwsuen whuch ws un excess ef feUF (4) lets shall be subject te full subdivisien
standaFds and shall cemply with all ef the design standaFd sectiens ef thus cede.
E. An applicant may Fequest that an applicatien en which the sheFt subdivisien
cemmuttee has taken affiFmative actien be Feepened by the cengmittee if it is
feund by the planning diFeCteF and the applicant that new infeffigatien has ceme
te light that might affect the actien taken by the shert subdivismen cemngmttee.
F. in case ef a denial by the shert subdivismen cemmittee, any appeal made shall
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90
parks,The decoswen ef the shert subdmvmsmen cernmottee shall be final, unless an appeal
by party ef FeCeFd is made to the hearing examiner within fOUFteen (14)
calendar days after the sheFt subdivisien cernmottee's decismen. The appeal shall
the hearing exang 0 neF shall represent final actien ef the city and is appealable
The deemsmen ef the hearing examiner 0 s final, unless appealed te the supermer
eeurt. Sueh appeal ngust be filed with the supermer- eeurt within twenty ene (21)
12.04.51:0 Property annexed to city with short subd Miminary
plat approval from King County.
A. in Onstances where preperty annexed te the city has received sher
subdivisien prelinginary plat appreval from King Ceunty prier to annexatmen, the
planning department, department ef public works, fore department and building
department shall review the plat. City plan check review and inspections shall be
subject to fees, which are en file On the city clerk's effice.
B. The density, lot size and dornensiens, and the pFeViSuens made feF epen
space, drainageways, Streets, alleys, public ways, water, sanitary wastes,
appreval impesed by King County need net cernply with the requirements e
KCC Title 15, Zening, or the Kent censtruction standards. These plats are te be
develeped On accordance with ceunty standards on effect at the time ef vesting -&f
the Preliminary plat in the ceunty.
C. The Preliminary plat shall cernply with the King Geunty regulatmens pertaining
te expiratmen ef the preliminary plat that were on effect en the date the
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91
applicatmen vested. The date of appFE)val will be that date on which King County
D. The PFOcedUFes feF type 11 sheFt subdivismen final plats shall be these county
pFeceduFes and Fegulatmens on effect at the time of vesting ef the pFelmminaFlx
shert plat applicatmen On the county.
1. Grading and paving ef streets and alleys;
ngenungents, sanitary and ster-ng sewers, street lights, water- n9amns, street name
signs, street trees and planting strip landseaping, tegether- with all
standaFds ef the city.
C. Prier te pr-eeeeding with sher-t subd i i -eveFnents, the subdivider shall
state and leeal
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92
written applicatien shall be made to the engineeFing and planning depaFtMentS
stating the Feasens why such delay is necessary. if the defeFment is appFeved,
the developeF shall furnish a peFfOFmance bond te the city 'in an amou-nt equal 'L,*'-.
a min 0 mum ef one hundFed fifty (150) percent of the estimated cost ef the
as te the arneunt ef such bond shall be cenclusove. Such bend shall list the exact
WOFI( that shall be performed by the applicant and shall specify that all of the
defeFred impFevements be cempleted within the tome established by the
-. -eFing depaFtment. if ne tome is established, then the tome peFied- shall net,
shall be held by the engineering depaFtment's bend and peFMit specialist. The
develepeF may substitute a certified OF cashieF'S cheek OF assignment of funds Oil
lieu ef a peFfeFmance bend. Sueh cheek er assignment shall be made payable to
the city of Kent and shall be On the same ameunt as the bend it is substituting.
E. The city Feserves the Fight, in addition te all etheF Fengedies available te it by
law, to pFeeeed against such bend er ether payment on lieLA theFeef. in case E)
any suit er action te enforee any pFevisiens ef this chapteF, the develeper shall
pay the city all cests incidental te such litigatien including Feasenable atteffley's
fees. The applicant shall enteF into an agFeement with the city
peFfermance bend er etheF seeffity shall be binding en the applicant, his heira,-
__.______._ and
that the develepeF has completed the required installatiens and/OF bending On
aCCOFdance with the prevismens of this chapter and the specificatiens and
standards ef the depaFtments. The planning depaFtment shall notify thfe
when the required improvements have been installed and approved eF adequate
/ / / / /
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93
A. An appimeatmen for shOFt subdivisien final plat shall be filed with the planning
depaFtment en the fOFMS Provided and On the numbeF Of cepies preseFibed by
the planning depaFtment. The final plat shall be pFepaFed by a land SuFveye.F
registeFed on accordance with the reqUiFements ef Chapter 18.43 RCW, and shall
cenform te the pFelimmnaFy plat. Applicatien fees aFe on file in the City clerk's-
effice and the planning depaFtngent.
B. The shOFt subdivision final plat submitted for filing shall be twe (2)
reffeducible maps dFawn te a scale ef net less than ene (1) inch representing
ene hundFed (100) feet unless etheFWmse approved by the department ef
_. IeFing and on sheets eighteen (18) by twenty twe (22) inches. The erigina4
drawing shall be in black ink on mylaF OF phetegraphic mylar, and shall--.
1. include the date, title, name and lecatien of the subdiViSlien, gFaphic scale
and tFue north peint.
within eF abutting the sheFt plat.
3. Shew the lecatien ef utilities, streets and easements within er abutting sheFt
plat—.
4. Display the lines ef all streets and Feads, al'ey lines, lot lines, let and blecks
dedicated te public use, with netes stating theiF purpese and any limitatiens.
S. Centamn data suffoement te determine readily and FepFeduce en the gFE)Hnd the
lecation, beaFing, and length ef eveFy StFeet, easement line, let line, beundaFy
Imn" and bleek 'One .. site.
beaFingS on degFees, minutes and seconds.
by mere stringent state regulations, if pFeVided by the department ef publie
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94
determined by the city engineer's office. All inteFieF menuments shall be
StFeets, alleys and boundaFme-a-.
!I. Centamn a metes and beunds legal deSCFmptlmen on the face of the final plat
mylaF which Feflects all toes te subdivision lines, donation claim lines and/er
recorded plat lines. The plat shall be accen9panied by a CUFFent plat EeFtificat-e
subdmvmded en beth the title FepeFt and final my!
plat within such sectien eF seetiens. The plat and sectien SUFvey shall be
shewing eFFOF Of CIOSHFe and method of balancing. A sketch showing all
ef the plat shal' accompany this data. The allowable eFFOF ef CleSUFe shall not
exceed ene (1) feet on ten thousand (10,000) feet OF aS FequiFed by meFe
pla-t--.-
15. Be signed by the ewneF of the pFepeFty en the face ef each final plat n9ylaF.
deed ef tFUSt, OF etheF heldeF ef beneficial title to the pFepeFty being subdivided
0 ndicatting that the shOFt subdivision is made with fFee eensent and in acceFdance
the netaFized ceFtificate shall be signed by all paFties having any owneFship
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95
nteFest" shall include legal and equitable pFepeFty inteFests, including, bUt n0tt
C. in adEImtoen te E)theF FeqUiFements as specified in this sectien, the final plat,
shall contamn eF be accompanied by the fellewing'.
1. CeFtification showing that stFeets, Fights ef way and all sites feF publie use
have been propeFly dedicated,
2. CeFtification by a licensed land SUFveyOF that a SUFvey has been made and
that monuments-and stakes wm" be set,
a. All have been aCCE)Fdance with the FeqUiFengents E)f
3. Gertmfocatmen by the respensible health agencies that the methods ef sewage
defeffed
S. The subdovideF shall fUFnish the city a CtAFFent plat ceFtificate eF title FepeFt
fFOm a title inSUFance cempany, pFeduced ne MOFe than feFty five (45) days
PFIeF te final plat applicat.on, that decuments the ownership and title ef all
0 nterested parties in the plat, subdivision, er dedicatien and that lists all liens
and encumbrances. The legal descriptien On the title FePOFt shall be identical te
the metes and beunds legal deSCFiptien en the face ef the plat. The city FeseFves
the Fight te FeqiAmFe updates E)f the ceFtifieate eF title FepoFt at any tome pFieF to
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96
8. Copies of any restrictive cevenants as may be used On the shOFt
D. All shOFt subdivision final plats shal' be SHFveyed by a land surveyeF licensed
0 n the state. All exteFieF COFneF and/eF angle points shall be set with re bar and
cap. The type Of StFeet menuments used shall be on aCCeFdance with city of Kent,
standaFds and shall be installed per these same standards. The licensed 'and
the chairman of the shert subdivisien cemmittee, the King County asseSSeF and
the King COUnty FeCeFdeF must be pFevided on the final my!
E. if any utility cempanies and/eF utility diStFiets have existing easements within
the pFepesed plat, the plattler eF its assigns shall have these easementS Femeved
er shall have their rights subOFdonated te these ef the city ef Kent.
F. The final shert plat shall be submitted te the planning depaFtment feF Feview
,,,,,.,..vementsi and completeness and aCCUFacy of survey data and platting
G. The shert subdivisien final plat shall be signed by the chaiFman ef the shert
subdmvisien cemmottee when the plat is deteFMined to be On compliance with all
applicable shert subdivismen platting FeqUiFements and befeFe it is filed with King
may-
ef the King Geunty auditeF and shall not be deemed appFeved until fil -
1. A eepy ef the FeCeFded shOFt plats shall be filed with the planning depaFtment
and ene (1) set ef the original mylaF shall be filed with the department ef publFe
WeFI(SH. An appFeved sheFt subdivisien final plat shall be filed fOF Feeef=d on the effice
if the sheFt subdivisien final plat is net filed within ene (1) yeaF of the date e
preliminaFy plat appFOval, the shert subdivismen plat shall be null and veid. UpeFi
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97
written request of the subdmvmdeF, the planning depaFtment may gFant one (1)
extension ef nOt MOFe than ene (1) yeaF. Such Fequest must be Feceived by the
thereef/ /
that per-sen shall subngmt an
traets/ /
4.do ,., }} alter-ed.
J'GTD'C.fl'�GFfCs1��C L Cfl'CL f'CCT
by all par-toes subjeet te the eevenants previding that the par-toes agree te
as was r-equir-ed by the er-oginal shert plat appimeatmen. The planning dmFeeter- shall
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98
alteration,D. if the alteration is requested to a short subdivision after final plat approval
and signature, but Prior to filing the final plat with King County, a plat alteration
may be approved with consent of the short subdivision commmttee. Upon Fecempt,
of an application for alteration, the planning department shall provide notice 0
the appimeation to all owners Of Property within the subdivision, and as was
iequiied by the original short plat appimeatmen. The notice shall establish a date
for a public meet�r�.
E. if the alteratmen is requested to a short subdivision after filing the final platt
with King County, a nginOF plat alteration ngay be approved with consent of the
short subdovosmen cemmmttee. if the planning director determines that the
proposed alteration is a major alteration, then the planning director may require
replattling Pursuant to this chapter. Upon Feeempt of an application for
the planning department shall pFeVide notice of the application to all owners of
property within the subdivision, and as was required by the subdivision plat
application. The notice shall establish a date for a public meeting.
F. The short subdivosion cemmmttee shall deteFmone the public use and
the Proposed alteration and may deny er approve the app'meatmen 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 lets, parcels, er tracts, er be levied equitably on the lets resulting
fFOM 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 pFepeFtm
G. After approval of the alteration, the short subdivision committee shall eFde
the applicant to pFeduee a revised drawing of the approved alteration of the
short subdivision, which after signature of the chair of the short subdivision
committee, the final plat shall be filed with the county auditor to become tlg-e
lawful plat of the Property.
H. Thms sectmen shall net be construed as applying to the alteration or Feplatting
of any plat of state granted tide OF shore lands.
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A. Whenever an applicant wishes te vacate a type 11 shE)Ft subdivision eF any
PE)Ftien theFeE)f, that peFSen shall file an applicatien feF vacatien with the
shall contain signatHFes of all paFties having an owneFship inteFest in that,
PeFtien of the subdivision subject to vacatien.
the time of the appFOval of the shOFt subdivisien, and the applicatien fe
vacatmen. When the application OS fOF the vacatien ef the plat togetheF with the
StFeets eF Feads, the pFecedUFe fOF vacatien On this sectien shall be used but,
vacatmens ef StFeets may net be made that aFe pFehibited undeF state law.
D. The planning depaFtment shall give notice te all ewneFS ef PFOpeFty within the
and te a" applicable agendes. The sheFt subdivision cemngmttee shall conduct a
The city ceuncil shall eenduct a public heaFing en the application feF a vacatien Of
PeFtien ef the land contained in the sheFt subdivision was dedicated to the public
feF public use eF benefit, such land, Of net deeded te the city, shall be deeded te
the city unless the city couneil sets feFth findings that the public use weuld ne
E. Totle te the vacated pFepeFty shall vest with the Fightful ewneF as shewn
the CeUnty FeCOFds. if the vacated land is land that was dedicated te the publici
feF public use etheF than a Fead eF StFeet, and the city ceuncil has found that,
Fetaining title te the land is net in the public inteFest, title theFete shall vest with
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by the city council. When the read OF Street that is te be vacated was centained
wholly within the shOFt subdivision and is part of the boundary ef the sheFt,
subdivision, title te the vacated Fead eF Street shall vest with the owner OF
F. Thms sectmen shall not be censtFued as applying te the vacatmen of any plat 0
1:2.04.545 Standards for the subdmvmsmen ef 'and and any dedicatmens.
cernpatible as pessible with the ecelegical balance ef the area. Geals are to
preserve drainage patterns, PFE)tect gFeUnd water SUPPIY, prevent eFeSmen and te
preserve trees and natUFal vegetatien. Thus is beneficial te the city in lessening
Creating an attractive and quality Land whoch ms feund te be
unsumtable feF subdivismen includes land with featUFes likely te be harmful te th-e
safety and general health ef the future residents such as land adversely affected
by fleeding, bad drainage, steep slepes, er reek fermatiens. Land which the City
adequate ngetheds are previded as safeguards against these adverse cenditienF,
accerding te Chapter 86.16 RCW, that pertien ef the subdivisien shall have the
written appreval ef the State Department ef Ecelegy befere the city ceuncul shall
hear the final plat. Every reasenable effert sham! be ngade te preserve existing
trees. Every effert shall be n9ade te preserve existing strearns, bedies ef water,
marshes and begs. if a streang passes threugh any ef the subject preperty, a
plan shall be presented which indicates hew the streang will be preserved.
dwsturb-ance ef the natural channel and strearn bed. The poping er tunneling ef
water shall be disceuraged and allewed enly when geing under streets. Every
effert shall be made te l(eep all strearns and bedies ef water clear ef debris and
pellutants.
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101
B. Where Fesodentmal subdivisions aFe to be develeped adjacent te business,
i=itv_ The pr epE)i%d itic.c t system shall extend existing Streets at the samEif)r
pFeposed StFeet names shall be appFeved by the city. StFeets inteFseeting with
existing OF pFepesed public highways, maJOF E)F secendaFy aFteFials shall be held
}e
appreved by the public WeFks depaFtment in censultatmen with the planning
seFVices office and the fmFe pFeventien division:
1. WheFe StFeet must be effset, such effsets shall net meaSUFe less
2. Resmdentmal eul de sacs shall net exceed a length ef five hundiced (500) feet.
3. Ne StFeet gFades shall exceed fifteen (15) peFeent. A gFading peFmmt shall b-e
iequiied as peF the inteFnatmenal Building Code, the inteFnatmenal Residential
Cede, eF etheF applicable building cedes, as adepted and amended in Ch. 14.01
4. A tangent ef at least twe hundFed (200) feet On length shall be PFE)vmded
Fesidential access StFeets.
sixty (60) feet E)F ME)Fe in width, the eenteFline Fadius Of CUFvatUFe shall be ne
less than thFee hundFed (300) feet and en E)theF StFeets it shall be net less than-
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102
6. All changes on gFade shall be connected by veFtical CUFves of a minimum
length ef two hUndFed (200) feet unless specified otheFWmse by the publie WeFkS
7. All StFeets shall be platted at full width. All StFeet improvements shall be Of
fLAII width Full width shall consist Of the f011ewing:
a. All StFeets, Feads, and alleys shall be gFaded to themF fUll width and the
pavement and sidewalks shall be COnStFUcted to standaFd eFess sectme
b. All StFeet and alley SLIFfaces shall be ef asphalt cenEFete aeCOFdong to city
d. All StFeets shall have SteFm dFamns censisting ef the pFepeF size pipe and catch
basins eF epen ditch which is te be deteFMined at the time ef the public heaF-9
be installed except across an authOFmzed drmvewa�-
have sidewalks, with a minimum ef five (5) feet width en at least ene (1) side.
f. All StFeets shall have StFeet lighting lecated and installed on aCCeFdance wmtl:i
the standaFds of the public weFl(s depaFtngent as follows:
Street T-yipe Maximum Lighting Hem
Resodential St 18 feet
G ,ins- 18 feet
Street light heights and spaeong shall eensider- the eanepy and Feet systeng
g. Streets whieh ngay be extended On the event ef future adjaeent platting ngay
than an aver-age let shall be mngpreved with temper-ar-y tur-nar-eunds. Dedmeato
future develepment.
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103
Be net less than five (5) feet in width-7
by the public weFI(s h. Planting stFips aFe FequiFed On Fesidential subdivisions and shall:
in consultatien with the planning seFvmees effice
hemeowneFsi
leaves,
fallen bFanches,
and fFuit debFis. Maintenance does not include such
thongs as i iFeet contFel, Femeval of dead eF dying tFeeS,
nseet and dosease n}FoI
must be adhered te Of full pavement OS FeqUiFed:
Street ^emsRight of Way WmiPavement WMI
Standards (feet) (feet)
3 0-G 88
Res,aen},ai Fte-mal -56 -36
Res dentia�ett 49 2-8
Cul de Sac 4-5 2-8
Where full pavement OS nOt FeqUiFed, the right ef way widths shall remain the
same for the type ef street defined On the cemprehensive plan. The imprevement
may consist of twe (2) eleven (11) feet driving lanes and twe (2) eight (8) f
shoulders and twe (2) six (6) feet drainage sectiens and twe (2) five (5) feet,
if a subdivisien is lecated in the area of an efficially designed trail,
may be made fer reservatien ef the right ef way er fer easements te the city fer
tram! PUFpeses.
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104
shall provide CUFb bulb euts at each plat entrance, eF shall pFeVmde curbs
censultation with the planning serviees office and fire pFeventmen division,
b. Mmd bleek chekeFs are Fequired en bleeks greater than five hundFed (500) feet
0 n length, unless E)theFWmse deteFMoned by the public works depaFtmen-t--.-
e. GtheF tFaffic calming designs and improvements may be deteFFAine-el
apprepriate as remedial eptions by the public WeFl(s department, in consultatmen
with the planning seFVices effice and fmFe pFeventmen division. These eptions
Traffic COFEles;
Chel(eFSi
Ch.canesi and
v. Sp.ed humps.
asseematmen and shall be their Fespensibility to
maontamn. Such nonpublic StFeets may seFve net mere than none (9) lets. These
StFeets shall have asphaltic eF CenCFete SUFface. The n9inimum paving width fe
a'' Ted rest d21tta'access stFee tS shall be twenty (2 0) feet.
HeweveF, a sidewalk is not reqUmFed on Immited residential access streets seFVing
feur (4) OF less dwellings.
type 11 landseaping and associated fencing shall be pFeVmded aleng the sheFt
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105
planted mateFoals. Fencing CenStFUcted ef weed, 'Wen, maSeFIFY, eF etheF suitable
ngateFmals appFOved by the planning FnanageF shall be lecated between the
landscaping StFop and the sheFt subdivismen lets and shall be CenStFUcted of
The fence and landscape StFop shall be lecated 'in a sepaFate tFact and shall be-
depicted en the final sheFt subdivision map. Maintenance ef the landscape StFmp
by the city.
dees net pFeVmde diFect vehmcu!aF access to individual lets. The landscaping StFmp
These utulutmes to be located in the planting StFup shall be placed in such a
rnanneF and depth te peFFnut the planting ef tFees. These utilities te be lecated
B. Unless septic tanks aFe specifically appFOved by the city, sanutaFy seweFS shall
be pFeVwded at no cest te the city and designed in acceFdance with city
standaFds.
flew and shall be ef sufficient length to peFngmt full width Feadway and FeqUiF
feFMula, but in ne case shall be less than twelve (12) inches.
designed and aCCeFdance with city standaFds as defined by
/ /
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106
1:2.nA rrr n..1_1:_ use and
servmee areas.
Due censoderatien shall be given by the subdivider to the allecation en-
adequately sized areas fer public service usage. Easements may be FeqUwFed feF
the maontenance and operatien ef utilities as specified by the
tFees/ wateFeeUFses, / and similaF cemmunity assets which,
preserved, will add attractiveness and value te the prepert�-
/ /
^f AA CGA B1ee1 -s
Bleeks shall net be less than three hundred (309) feet ner mer-e than ene
theusand five hundred (1,599) feet On length. Where eir-eumstanees warr-ant, the
than sox (6) feet, On width dedmeated te the dty te extend entor-ely aer-ess the
paved fer their- entire width and length with a per-manent sur-faee and shall be
adequately lighted. Bleeks shall be Wide eneugh te allew twe (2) tier-s ef lets-,-
er- size ef the pr-eperty, On whieh ease the hearing examiner may appr-eve a
single tier-.
/ 9rEl. Ne. / /
lnsefaF as practical, side let lines shall be at right angles te StFeet !ones er Fadia4
to curved stF2et !ones. Each l6t must accessa street eF Fead, public eF private.
The size, shape, and OFientation ef lets shall meet the minimum area and width
be platted with additional width tle allow for the additional side yaFd
,.-,U,, ements. Lets which aFe beFdeFed by twe (2) mere or less paFallel streets
shall be permitted access te enly one (1) of these streets. All 'Ot COFners a
0 ntersectoons ef dedicated public Fights ef way shall have minimum radmo of
fifteen ( C) Feet
/ / 16 / /
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107
etheF let EeFneFS shall be ngaF!(ed with suitable ffietal Ew weed rnaF!(eFs.
at h*s eest shall install stFeet nange signs en all pF*vate streets on the subdivismen.
12.04.579(A) and (B) which shall apply unless speeefffieally exeepted.!
/ geelegy, dFamnage patteFns,
and vegetatieft
Q�
2. Detailed plans feF any pi=epesed eut and fill epei=at*ens shall be subffietted.
These plans shall inelude the angle ef / /
feund that tFaffie genei=ated will be less than on a nenhillside subdivisieffi-
'aFgeF than these in less steep aFeas ef the subdi m i
99
108
.
bone d KCC Titl o I i dth
6iizrrrrccl--i-rrT.�-c-r�T2-��. S�S�-�} r.�--I-C-� let size,��d-ra-cr
depth,-ete.-
specifically excepted�
u led wothmn the development. When the pFevismen ef such Fights ef way is
necessaFy
the
rFight ef waywidth, aving width, and etheF standaFds shall b-e
b. Nonpublic streets. C)wneFshmp Of pFivate streets not epen te public corculato
shall be applied aleng these rights ef way.
street, asseciatien and shall be their respensibility te
rnaontamn. These StFeets shall have asphaltic eF cenCFete SUFface, and concrete e
asphalt curbing shall be provided aleng beth sides ef all streets except wher-e
CUFb cuts are necessary fer driveways. The u . Paving width fer all
cellecter streets within the zere let line develepment shall be twenty fE)Ur (24)
feet. The monongung paving width fer all residential access streets shall be twenty
(20) feet. A five (5) feet wide sidewalk shall be previded en one (1) side ef the
as a min w mung. Hewever, a sidewalk is net required en limited access
streets serving twe (2) er less dwellings. in addition, guest parking shall be
u led at a Fate ef 0.5 guest paFl(ing spaces peF dwelling unit beyend the
2. Installatien of utilities. All utilities designed te serve the develepment shall be
placed undergreund. Any utilities lecated On a planting strop shall be placed �R
100
109
sueh a manneF and depth te permit the planting ef tFees. These utilities to be
lecated beneath paved SUFfaces shall be installed, including all seFvmee
cenneetmens, as appFOved by the public WeF!(s depaFtment. Such installation shall
Easements may be reqUiFed fOF the maintenance and operatmen ef Utilities
designed On accerdance with city standaFdS.
b. Storm drainage. An adequate drainage system shall be PFOVmded fer the
preper drainage ef all surfaee wateF. Gress drains shall be provided to
accemmedate a" natural wateF flew and shall be of sufficient length te peFmmt
full width Feadway and reqUiFed slepes. The size epenings te be provided shall
be deteFMoned by Talbet's fOFMula, but On ne case shall be less than twelve (12)
0 nehes. All mebmie home paFtS must cemply with city drainage erdinanees.
e. Water system. The water distributmen system including the lecatmen ef fiF-e
hydFants shall be designed and aCCeFdance with city standards as
d. Eleetr4eal heek ups. All electrical hookups shall cemply with the Natmenal
ElecCfTC�ede.PeFMmtSshallL7ee tt the State CleCFFmcal Tnspectmen
-r-
DmT�Tr
Gress-reference(s) Zero let lone dev ,
be clusteFed pursuant te thus sectien when the prepeFty is lecated within e.F
Land Use Plan Ma-p,-.
KCC Tutle 15. These standards mnelude minimum lot size, width, yaFds,1:2.04.578 Clustering in urban separators.
paF!(wng, landscaping, signage, etc.
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110
space,applicable pFeVoSiOnS ef this chapteF, shall apply unless specifically excepted. in
addition, the fellewing standaFds shall apply te clusteFed Type 11 sheict,
2. Permitted uses. The clusteF Fesodential develepment eptien shall include enly
single family Fesidential uses,
4. Permitted density. The maximum number ef dwelling units peFMitted on a
cluster develepment shall be ne greateF than the numbeF ef dwelling units
S. Let s�ze. in the interest of enCeHFagong flexibility On site design and the
the minimum lot size ef individual building !E)t-s
exceed-Ong eight (8) units. TheFe may be mere than ene (1) cluster per preject.
Separation between cluster gFeUPS shall be a minimum ef one hundFed twenty
(i 2ll�r
areas,6. Let width. The minimum let wmdth feF indovmdual building lets in a cluster
7. Other development standards. Develepment standards etheF than let size
let wodth shall be the same as aFe required within the zening district On which the
8. Common epen space. The commen epen space in a dusteF subdivisien shall
nencenStFained aFea ef the parcel includes all areas ef the parcel, minus Critical
as defined On RGW 030(5) as and hereinafteF i
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111
bumidable area of the parcel. The cemmen epen space tracts Created by
clustering shall be located and CeRfogUFed on the manner that best ceignects and
increases PFOtective buffers feF eRVOFeRFnentally sensitive areas, connects and
meets—area wildlife habitat, Creates Eennee#ivity between the epee space
. 'ed by the clusteFing and ether adjacent epen spaces as well as existing eF
planned public paFI(s and tFamis, and maintains scenic vistas. Critical areas and
buffeFS shall not be used on deteFmmnmng let size and cemmen epen space
,.-,U,, ements on _a cluster subdivismen. All natUFal featUFes (such as Streams and
their buffers, significant stands ef trees and FeCk eUtCFOppmng), as well as
sensitive areas (such as steep slepes and wetlands and their buffers) shall be
preserved.
areas,manner that degrades adjacent envorenmentally sensitive areas, rural areas,
ItUFaI
1mpa'FS seenic vistas and the connectivity
/
between the open space PFOVmded by the clustered develepngent and adjacent
epen / degrades wildlife /
and mmpamFS the FeeFeatmenal benefits
the resodents of the development, cenveyed to the city with the city's censent
and approval E)F te anetheF party upon appFE)val ef the city of I(ent.
/ / / / /
1:2.04.579 Clustering in residential zones outside urban separators.
A. When located wholly outside an urban separater, cluster subdivisiens are
allewed in SR / SR / SR / SR /
space,greater flexibility in design and disceurage develepment sprawli te facilitate the
ecenemweal and efficient previsien ef public servicesi te previde a mere efficient
use ef harmeny with its natural characteristics; to preserve mere usable
epen agricultural 1 / tree / recreatmen areas, and seenic vistas,
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112
KCC Title 15, unless etheFWise medified by this chapteF. These standaFds
0 nclude, but aFe not limited te, minimum lot size, width, yaFds, setbaci(si
parking, landscaping, and
applicable PeFtiens ef this chapteF, shall apply unless specifically excepted. in
deSiFed chaFacteF ef the zone, allewing lets te vaFy in size and shape, whole stiff
.
single family Fesidential uses, as defined in KCC
2. Permitted uses. The elusteF Fesidential develepment eptien shall include enly
4. Permitted density. The maximum numbeF ef dwelling units peFMitted on a
cluster develepment shall be ne greateF than the numbeF ef dwelling units
S. Let size. in the mnterest ef enCeffaging flexibility On site design and the
preseFvatien ef epen space, the minimum lot size ef individual building lots
wothon a clusteF subdivismen On single family residential zening districts may be
reduced by twenty five (2S) percent of the minimum let size feF the underlying
6. Let width. The miningum let width fer mndmvmdual building lets on a cluster
subdmvosmen shall be thiFty (30) feet. The heaFing examiner may allew a shared
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113
size,driveway easement to be included in the minimum lot width ef irregulaF let-S-,
pFeVided the total dFiveway width OS ne gFeateF than twelve (12) feet.-
7. Other development standards. Development standaFds etheF than lot size
lot wodth shall be the same as aFe FeqUiFed within the zening diStFiet on which the
a. The PFE)pesed cluster develepment PFE)ject shall have a beneficial effect upeFt
achieved by tFaditional let by let develepment, and it shall net be detringental to
existing eF petential SUFFeUnding land uses as defined by the cen9prehensive
existing land use OF pFepeFty that abuts OF is directly acress the street fFOR9 th-e
scale, n9ass, and aFehiteetural design.
maintained, and mnceFpeFated inte the design te benefit the development and the
techniques sueh as separatien ef building gFOUPS, use ef well designed epen
space, cengngen er shared space, and landscaping. Open space shall be
0 nnevatmen on site and building design and shall include aFehmteCtUFal and site
featUFes that prengete community interaction and accessibility, such as perches,-
de emphasized garages, shaFed dFiveways, sidewalks/ walkways, and adjacent
eE)mngen aFeas. Buildings shall be related by cengngen materials and FOef styles,
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114
aFehmtectuFal detailing, building scale, and eFientation.
f. Building design shall be based on a unified design concept, paFtmeu!aF!y when
censtFuetmen is On phases.
9. Common open space.
a. The common open space On clusteF subdivisions shall be a minimum e
but contFast shall be pFevmded thFougheut the site by the use of vaFied mateFials,
space.dFiveways, and yaFds within individual lets shall not be common operl
c. The common open space tFacts eFeated by clusteFing shall be located and
.-,,V,,onmentally sensitive aFeas, connects and pFetects aFea wildlife habitat,
eFeates connectivity between the open space pFevmded by the clusteFing and
etheF adjacent open spaces, as well as existing eF planned public paFl(s and
tFa;Ts, and maintains scenic vistas.
tFees, and Feek eutempping) as well as sensitive aFeas (such as steep slopes and
wetlands and themF buffeFs) shall be pFeseFved.
e. FutuFe development of the common open space shall be prohibited. Except as-
specified on Fecerded documents CFeating the common open space, all common-
between the open space PFE)Vmded by the clusteFed development and adjacent
enjoyed by the Fesidents of the development.
the owneF OF subdmvmdeF, conveyed to Fesidents of the development, conveyed te
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115
a hemeewneFs' asseematmen feF the benefit of the Fesodents of the develepment-i
cenveyed to the eity with the city's censent and appFeval, or conveyed to
anetheF paFty upen appFeval of the eity of Kent.
(E)Fd. Ne. 3663, § 4, 10 7 03j E)Fd. No. 3770, § 2, 11 15 05�
12.04.580 Parks and open space requirements.
Repealed by Ord. No. 3830, § 9, 3-6-07.
(Ord. No. 2975, § 2, 3-20-91; Ord. No. 3511, § 3, 5-16-00. Formerly
§ 12.04.490)
Cross reference(s) - Parks and recreation, ch. 4.01; zoning general and
supplementary provisions, ch. 15.08.
1:2.04.585 Design standards for industrial and commereiall plats.
A. The dovosmen ef land fer- industrial and eengmer-emal purpeses shall eenfer-rn te
the r-equir-engents and n9inimung standards ef residential design exeept as-
. led On this seetien.
B. The street widths shall be as fellews:
Right of way width Pavement width
feet- feet
industr-mal AFteFm9G &G
industrial
8G 44
Gellecte
industr-mal Aeees6G -36
Gernrnercma4
StFeets
Alleys 2-G
The eity n9ay require that street widths an eengmer-emal subdivisiens be iner-eased
te previde fer traffic n9evengent and te r-eduee er- elinginate tr-affie eengestien.
G. All mndustr-mal arterial (ninety (90) feet right ef way), industrial eelleeters
(eighty (89) feet r-ight ef way), and eengmeremal streets (sixty (60) feet r-ight ef
way) shall have sidewalks a n9inimung ef five (5) feet On width, en beth sides.
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116
ndustroal and cernmeremal access Streets which are also thFeUgh Streets shall
have sodewalks a minimum of five (5) feet On width, on one (1) side.
D. All let corners at Ontersectiens of dedicated public Fights of way shall have a-
minimum Fadii of twenty five (25) feet-.
E. if ramiread tracks are to be installed On a subdivision, such tracks and the�F
route shall be shown on the face of the preliminary plat.
F. Blocks shall net be less than sox hundred (600) feet OF More than two
thousand (2,000) feet in length. Blocks should be net less than three hundred
(300) feet On wid-th, except where frenting on Major streets OF prevented by
topographical conditions or size of the property, On which case the land use
hearong examiner may approve a lesser width. Necks should not be greater than
one thousand (1,000) feet On width.
G. Lets are optional in indUStFial and commercial subdivisions. The size, shape
and ermentatmen of lets shall meet the minimum area and width requirements e
the applicable zoning classification and shall be appropriate for the type of
development and LAse centemplated. However, of letS for individual sale or leas-e
are Created, they shall conform to the following criteria:
1. insofar as practical, side lot lines shall be at Fight angles to Street lines 0
,a„l to „d street Mes
2. Corner lets may be reqUiFed to be platted wider than interier lets as
determined by the planning depaFtmefft-.
"ice lV. Subdovmsmens
1:2.04.600 Purpose of subdivisiensv.
The precedureS regulating subdivisions are established to ensure quality
development which promotes orderly and efficient growth, the conservation and
proper use of land; Protects the public health, safety, general welfare, and
aesthetmes of the F-ityj makes adequate PFOVisions for public facilities OR
conformance with PFE)VwSuens set forth On KCC Title 15, Zoning, and the Kent
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117
1:2.04.605 Scope.
A. Any land being divided inte ten (10) OF mere parcels, letS, tFacts, sites, OF
subduvisiens, any one (1) of which us less than twenty (20) affes in size; e
B. Any land which has been pFevieusly divided undeF the shOFt subdivision
C. Any land which is held in cemmen ewneFship with a centiguous paFeel divided
under the shert subdivismen ffecedUFes within the pFeceding five (5) years shall
1:2.04.610 Preliminary eensultatien with staff-.
planning depaFtment at an early date en an infer-mal basis in erder te beeem-e
ef the tentative plat applicatien to the planning depaFtrnent-,
subdmvmsmen to the land use heaFing examiner for public heaFing and de
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S. Submission ef the final plat to the city council fOF appFOV*'
6. Recerdatien ef the appFeved final plat On the office of the King County
depaFtment Of FeCOFds and elections.
1:2.04.620 Subdivision in phases.
cempletien date feF each phase. Final plat appFE)val shall be gFanted feF eacli
sepaFate phase ef the pFelwngwnaFy plat by the city ceuncil and any changes at,
1:2.04.625 Tentative plat review.
A. Appimeatmens fer- a subdivisien tentative plat meeting and review shall be fil
with the planning depar-ticnent. A tentative plat ngeeting and r-eview shall be
tentative plat and number ef eepmes te be filed shall be On aeeer-danee with the
publie utility ageneies serving the area, and te any ether- department er ageney
deemed neeessaF�-
C. A meeting en the subdivismen tentative plat shall be held, whieh is attended
tentative plat and the subdivider. Any reeemmendatmens ef the varieus
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119
subdmvmsmen shall be Fecorded On writing and mailed te the subdmvmdeF by the
planning depaFtment.
D. The Fecommendatmens of the city d-epaFtments shall be based en whetheF the
tentative plat is:
meeting. These Fecemmendatmens and petential cenditmens ef approval for the
,
,
4. in CenfeFmance with building code ,
patteFn established OF PFE)pesed feF the aFea that the subdivision will be
6. in CenfOFmance with seweFf wateF and other utility plans feF the aFea-f
E. TF the iih. iiyismien tentative plat ii i2%iii2i. e }
f pFeceed '3S I'31'PsPY1tPfI E3Y'
as rnedofoed on aCCeFdance with the WFmtten suggestmens made by the eity, the
applicant shall pFeceed to the pi=elmmmnaFy plat stage. if net Fecengngended to
HeweveFf likely that the sange ebjectmens and pFeblerns will aFise at that
F. if changes aFe made te a subdivision which has alFeady Feceived tentative
cempaFe the subdivismen tentative plat and the pFepE)sed pFelongonaFy plat and
tentative plat Feview. A new tentative plat Feview and ngeeting ngay be FeqUmFeE[
Of the pFelmngmnaFy plat is net substantially simm!aF te the tentative plat Feviewed
by the city. The deteFR9inatmen ef the necessity feF anetheF tentative plat,
ngeeting shall be based en the fellewing censideFatmens:
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.,
the preliminary
plat is a Fefinement of the tentative plat, er is a cempletely new plat feF th-e
same PFOpeFty)j and
1:2.04.630 Preliminary plat appimeatien.
A. Applicatien feF a subdivisien pFelinginary plat shall be filed with the planning
the planning depaFtrnent. The pFelurninaFy plat shall be pFepaFed by a land
Application fees, which are en file in the city c!eF!('S effice and the planning
depaFtngent, shall be paid.
vaFmances, planned unit develepments, site plan appFevals, and sin9ilaF quas�-
C. The subdivisien preliminary plat shall include:
i The d h the o d
7:fTT�� c a1T�TTfQ��ITf�fTQTfTc—QTfL� f addresse e ewner, an
,-I i ng I scale;.
3. The lecatmen ef existing and pFepesed platted prepeFty lines, and existing
FeCeFded public eF pFivate Utility OF Feadway easements, both en the land te be
dwstance ef ene hundFed (100) feet from the edge ef the subject preperty;
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121
plat;CE)nteUF lines shall be extended at least ene hundFed (100) feet beyend th-e
S. The i ipFepesedi
alleys, i
spaces, FeseFvatmens and utilities;
wateF
and seweF I
si
subdivided;7. The aCFeage of land te be i the aFea Of all i
space;epen
deSCFiptien of any natUFal eF manmade land 9. A statement ef seil type, dFainage cenditiens, pFesent landscaping including a
etheF enViFOnmental faCteFS which may be pFeSCFmbed by the planning
depaFtngent wildlife pFesent and any
10. All existing StFUCtUFes and distanees fFem any existing and pFepesed let lines
devices,SUFveyeF licensed in the state-,-
featUFes and
etheF and etheF planning featUFes that aSSUFe safe walking
a
.d�ce�' te
v�
.
i i i
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122
.
.
.
aFe
Ne subdwvmswen shall be appFeved unless the fell Eiples ef acceptability
Zening, and health 1. CFeate legal building sites which cemply with all prevismens ef KCC Title 15,
2. Establwsh access te a public read feF each segFegated paFce+i-
3. Have suitable physical chaFacteFiStiCSj a pFepesed plat may be denied
4. if adjacent te another municipality er King GeLAnty, take inte censideFatien the
supplies, sanitaFy wastes, and etheF public utilities and seFVI'ces, as deenged
necessaFy
6. Make adequate pFeVisien feF the cennectivity ef streets, alleys, pedestrian
accessways and etheF public ways.
1:2.04.640 Determination of eempleteness.
Within twenty eight (28) ealendar days after r-eeeiviing a subdivisien pr-elinginary
plat appimeatmen, the planning department shall ngail er persenally pr-evide te the
applicant a written deter-n9inatien ef cengpleteness whieh states either that the
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123
what FeqUmFed to make the application cemplete. The letteF shall
alse identify, te the extent known by the city, etheF agencies with jHFmsdietmen
eveF the subdivision application. if the city deteFFAmnes that an applicatmen is not,
cemplete, the applicant shall have up to ninety (90) calendaF days to submit the
necessaFy to the city. if the applicant emtheF Fefuses in WFiting to
subngmt addotmenal mnfeFFnatmE)n OF does net submit the FequmFed information within
the ninety (90) ealendaF day peFied, the application shall lapse because of a lack
days afteF an applicant has submitted the Fequested additional th-e
city shall again make the completeness determination and shall notify the
applicant On the same FnanneF.
if the subdivismen application is deteFMined to be cemplete, the planning
department shall accept the application and note the date of acceptance. The
tome peFied feF Feview of the pFeposed subdivision begins following the
deteFMonatmen of a complete application and acceptance of the application by the
city. if the city does net pFeVmde a WFitten determination to the applicant that
the application is incomplete, the application shall be deerned cemplete at th-e
application is complete eF incomplete. if incomplete, the letteF shall
the torne that a subdivision pFeliminaFy plat applicatien, as defined Un this
chapteF, has been deteFMined to be cemplete and has been accepted by the City
of Kent, PUFSuant to KCC
chapteF and the zoning and etheF land use Fegulations on effect on the land a
1:2.04.650 Net.ee of application.
A netmee ef appimeatmen shall be issued fer- subdivision appimeatmens within feur-teen
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and at least fifteen (15) calendaF days pFiOF tO the public heaFing. The tentative
date of the pub'ic heaFing shall be listed on the netice of applicatien and th-e
notice of applicatien shall be mailed, published and pested en the same day,
CiFEUlatmen wothin the city.
2. The city shall pest the netice ef application en the public netice beaFd(s)
placed en the pFepeFty and shall alse pest the netice of applicatien at Kent City
3. The city shall mail eF send the netice ef application te all agencies witli
the same pFeject at the tome eF the l FIiest cemplete r ct p Mit pIo atmer
.
1:2.04.655 Referral of subdivision preliminary plat.
necessaFy. The application materials shall be tFansmitted at least fifteen (15)
A. The eity shall mail a netiee ef appimeatien te all ageneies with jur-OsElietien ever
the subdivisien appimeatien. Sueh neti.ee shall inelude the tentative date, time
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125
platted. A copy ef the plat and the applicatien mateFials shall be pFeVided tE)
te eF within one (1) mole of the city beundaFies eF which centemplates the use ef
adjacent to the Fight ef way ef a state highway or within twe (2) moles ef the
beundary of a state er municipal amFPE)Ft shall be given to the SecFetaFy ef
TFanspeFtation. The SeCFetary shall Fespend te the eity within fifteen (15) days
ef such netmee as te the effect that the preposed subdiv.smen will have en the
state highway er the state eF muniapal amFPE)Ft. Such netice shall include the
and a lecatien map,
A. The applicant shall place at least ene public netice beaFd en the propeFty tO
be subdwvmded. The public netice board must be placed en the preperty a-s
diFected by the planning department, and ne lateF than feurteen (14) days after
adjacent te MOFe than one public stFeet eF has MeFe than ene petential access
Feute, ene public netice beard shall be placed en the property adjacent te eacil
B. The netuce ef the public hearing shall be mailed, published and pested en the
same day, net less than ten (10) days prier te the hearing date.
C. The city shall pest the netice ef public hearing en the public netice beard(s)
en the pFepeFty.
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126
D. The city shall publish the notice of public hearing in a newspapeF Of general
emFeulatmen wothin the city and On a newspaper of geneFal CmFCUlatien within the
eeunt�-
feet of any pertmen of the beundaFy of the prepesed subdivismen. if the owner -af
subdivided, netice shall be mailed te all owners ef Feal pFepeFty IeCated within-
three hundFed (300) feet of such adjacently ewned parcels.
E. The eity shall mail a netmee of public heaFing te the applicant, any persen who
2
AA L7A Pub1:e ni
A. Affected agencies and the public shall have a feHFteen (14) calendaF day
cernments Of cernments are net received within the specified time permed.
than three (3) additmenal calendar days. The public may make written respense
applicatmen is mailed, pested and published. The planning depaFtment mus
,,ive all public cernments by 4:30 p.m. en the last day of the comment
Comments sheuld be as specific as pessible. The heaFwng -hall not take
/ /
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127
sewage dispesal and/E)F wateF supply. The applicant OS Fespensible feF submitting
the appFepFmate application fOFMS te the Seattle King Geunty health depaFtment
and feF paying the health depaFtngent Feview fee.
A. The heaFmng examineF shall held an epen FeCOFd public heaFwng en any
ef the application in compliance with KCC 12.01.100.
B. A FeCeFd ef the public heaFong shall be l(ept by the city and shall be epen te
public inspection,
agencies responsible fE)F appFE)val ef the pFeposed ngeans of sewage disposal
.
system,
RG`�817.3
health,fonds that�
a. The publie safety, and general welfare ef the eemmunmty/
habitat,
,
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128
Connectivity ef sidewalks, pedestrian pathways, tFaffic calming featuFes and
devices, and other planning features that assure safe walking cenditions wit
and between subdivismens and neoghbeFheeds feF Fesidents and students who
public ways within and between subdivisions and neoghbeFheedsi
hemes woth diminished gaFage dOeFS such that no less than fifty (50) peFeent ef
POFtien ef the let accessed via a cemmen driveway between lets; er a side
less than ten (10) feet fFOM the fFent facade of the hemej eF etheF design
appFeved by the planning manageF. Lets and Feadways shall be cenfogUFed such
that at least two (2) ef these eptiens aFe SUPPeFted in each new develepmentj
ter_ _ ___e the new '_'_ with _... __' _ _...__.._.. _,____^,
. GtheF publicutilities and seFVmeesf as deemed neeess d
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129
3. The public use and interest will be served by the platting ef such subdivismen
and aed Fear,,-aid
0 rnpFevengents shall be neted en the final plat.
B. Dedmeatien of land te any public bedy, prevismen of public imprevements to
plat. NE) dedicatilen, PFE)ViSiOn of publ'IC IiMpFeV ents, eF impact fees shall be
allowed that censtitutes an uneenstitutional taking Of pFivate pFepeFty. The City
site and Fnay deny a pFeposed plat beeause of fleed, inundatien, eF wetland
3 6-07�
decismen by the heaFing examineF within five (5) WeFl(ing days ef the date the
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130
Recensideratmen Fequests shall be answered in WFmtmng by the heaFing examine-
within five (5) WeF!(mng days ef the request. if a Fequest fer recensideFatmen is
denied, the appeal deadline of the heaFing examineF's decision shall
recommence fOF the Femaining number ef days. if a request fOF recensiderati
The decusmen ef the heaFmng examineF shall be final, unless an appeal us made by
a party ef reCeFd te the city ceLAncol within feLAFteen (14) calendaF days fellewirg
the ossuance of the netuce of decosmen and wn accerdance with the requirements
ef KCC 12.01.195. The appeal shall be heard by the city ceuncul on a closed
recerd appeal hearing. Ne new evidence may be pFesented. The decismen of th-e
city ceuncul shall Fepresent final actmen ef the city and us appealable enly to
request for recensideFatmen tengPE)FaFmly suspends the appeal deadline.
State law reference(s) Similar previsiens, RGW .
Such an appeal must be filed with the super-meF eeUFt within twenty ene (21)
calendar Elays frem the date the deeislen was issued.
12.04.705 Subdivision preliminary plat expiration.
A. Subdivision pFelingonaFy plat appFeval shall lapse five (5) yeaFs fFem the date
ef appFeval unless a final plat based en the pFelomonaFy plat, eF any phase
theFeef, is submitted within five (5) years fFeM the date of subdivismen
applicant who files a written Fequest with the planning department at least thirty
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131
(30) calendar days befE)Fe the expoFatmen ef the five (5) year peFmed, if the
applicant can show that he has attempted On geed faith te submit the final plat
within the five (5) year peFoed-.-
B. Addmtmenal tome extensmens beyond the ene (1) year peFied Fnay be granted by
the planning director if the applicant can shew unusual EOFCUmstances eF
smtuatmens whoch make it impessible to file the final plat within the Sox (6) yeaf
The applicant must file a Written request with the planning department
feF this additional torne extensmen. The request must be filed at least thirty (30)
calendar days prier tE) the subdivismen Preliminary plat expoFatmen date. The
request must include decumentatmen as to the need feF the additional tome.
Addotmenal time extensmens shall not be granted on greater than one (1) year
r}s
any phase ef the subdivismen Preliminary plat will constitute an auternatic E)n-e
(1) year extension fOF the filing of the next phase of the subdivismen.
C. in the ease ef a phased subdivismen, final plat appFeval by the eity CeLAncil ef
,
C O.17�T�TT0
department,1:2.04.711D Property annexed to eitty with preliminary plat appreval from
King Gounty.
A. in anstanees where preperty annexed to the city has reeeived subdivismen
prelinginary plat appreval frern King County prier te annexatmen, the planning
works,
department shall review the plat. Gity plan cheek review and inspeetmens shall be
subjeet te fees, whieh are en file On the eity fare department and building
density,B. The let size and
/
spaee/ / streets, alleys, publie ways, / wastes, parks,
l(CC Title 15, Zening er the Kent eenstruetmen standards. These plats are te be
123
132
developed On accordance with county standaFds in effect at the tinge of vesting of
the pFelinginary plat On the ceunty.
C. The prelominaFy plat shall cemply with the King County Fegulatmens pertaining
te expiFatmen of the pFelmnqmnaFy plat that weFe on effect en the date th-e
application vested. The date of appFE)val will be that date on which King County
D. The pFecedUFes fOF subdivismen final plats shall be these ceunty pFeeedUFes-
and regulations On effect at the tome ef vesting ef the pFelominaFy plat applocatmefl
final plat is subnqmtted�
1. Grading and paving ef streets and alleys�
ngenungents, sanitary and ster-ng sewers, street lights, water- n9amns, street nange
signs, street trees and planting str-op landseaping, tegether- with all
standards ef the eity.
8-.- ,
G. Prier te preeeeding with subdivisien 'ingpr-evengents, the subdivider- shall n9ake
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133
D. No final plat shall be submitted te the city council unto! all impFevengents are
departments OF a bend appFeved by the city has been pested fer defeFred
stating the reasens why such delay is necessary. if the defeFment is appFeved,
the develeper shall fuFnmsh a peFfermance bend te the eity 'in an amewqt equal 'I--.
a n9in 0 mum ef ene hundred fifty (150) percent of the estimated cest ef the
as te the arneunt ef such bend shall be cenclusove. Such bend shall lost the exae
WeFI( that shall be peFfOFmed by the applicant and shall specify that all ef the
defeFred be cempleted within the tinge established by th-e
-. -eFing depaFtment. if ne tome is established, then the tome peFied- shall net,
be IengeF than ene (1) year after appFeval of the final plat by the city ceuncol.
The bend shall be held by the engineeFing department's bend and peFFAmt
assignment ef funds On Imeu ef a peFfeFmance bend. Such check er assignment
shall be made payable te the city ef Kent and shall be On the sange ameunt as
the bend Ot is substituting.
E. The city reserves the Fight, in additmen te all etheF Femedies available te it by
law, to preceed against such bend er ether payngent On Imeu theFeef. in case o
pay the city all costs incidental te such litigation including Feasenable atteffley's
fees. The applicant shall enteF inte an agFeement with the city 1 %-HU11111-j
payment of such attorney's fees. The reqUmFement of the pesting ef any
peFfeFmanee bend er etheF seeffity shall be binding en the applicant, his heirs-,-
__.______._ and _.__IJn_.
that the develeper has cempleted the required installations and/eF bending On
aCCOFdance with the prevismens of this chapter and the specifiCatmens and
standards ef the depaFtments. The planning depaFtment shall notify tl-,e
develepeF advising him to pFeceed with pFepaFatmen ef a final plat when the
iequiied imprevements have been installed and appFeved er adequate seCuFity
has been posted as PFOVided in subsection (D) of this secti
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134
.
A. An appimeation fer a subdivisien final plat shall be filed with the planning
the planning depaFtment. The final plat shall be pi=epai=ed by a 'and suFveyer
effiee and the planning department.
B. The final subdivisien plat submitted feF filing shall be twe (2) Fepi=eduemb'-e
sheets eighteen (18) by twenty twe (22) inehes. The ei=iginal dFawing shall be in
and true neFth peent;
3. Shew the 'eeatien ef utilities, streets and easements within eF abutting
4. Display the 'Ones ef a" sti=eets and Feads, a"ey lines, let lines, let and bleek-s
leeatien, beaFffing, and length ef every StFeet, easengent line, let line, beundaFy
"ne and bleek line en site;
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135
StFeetsf alleys and release ef any bendi
!I. Centamn a metes and beunds legal deSCFiptlien en the face of the final plat
mylaF which Feflects all toes te subdivision lines, donation claim lines and/eF
recorded plat lines. The plat shall be accen9panied by a CUFFent plat ceFtificat-e
12. Be aceempanied by a cemplete survey of the section in which the plat e
plat within such seetien eF sectiens. The plat and sectien SUFvey shall be
subngmtted woth complete field and computation notes shewing the eFiginal OF
ef the plat shal' accompany this data. The allewable eFFeF ef CleSuFe shall not
}Finger} state F l,},ors.
i
i
15. Be signed by the ewneF of the pFeperty en the face of each final plat i
deed ef trust, OF etheF heldeF ef beneficial title to the pFepeFty being subdivided
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136
theiF desires, and Of the Subdivision is subject to deeding ef PFOperty, the
netaFized certificate shall be signed by a'' paFties having any owneFship inteFest,
n the lands subdivided. FOF PUFPE)ses ef this sectien, "owneFshop inteFest" shall
nclude legal and equitable pFeperty but not Immited ndicatting that the subdivismen is made with free censent and On aecerdance With
present, futuFeEe n ti n ge n t e r w h ele fee—i n to Fests,
enfOFeeable contract for the purchase ef the real propeFty.
C. in addmtoon te E)theF FeqUiFements as specified in this section, the final plat,
shall contain eF be accompanied by the feliewong--.
1. Gertmfocatmen showing that streets, rights ef way and all sites feF publie use
have been pFepeF'y dedicateE17
2. Gertmfocatmen by a licensed land SUFveyOF that a survey has been made and
}" monuments-and stakes will be setT
dispesal and water service are aceeptab4e�
4. Certmfocation by the engineering depaFtment that the subdivideF has complied
a. All have been acceFdance with the reqUiFements ef
3. Gertmfocatmen by the respensible health agencies that the methods ef sewage
defeFred
S. The subdovideF shall fUFnish the city a current plat certificate er title repert
fFOm a titie insurance cempany, pFeduced ne MeFe than forty five (45) calendar
days pFieF te final plat application, that decuments the ewnership and title ef all
0 nterested parties in the plat, subdivisien, er dedicatien and that lists all Imens
and encumbFances. The legal deSEFiptmen on the title repOFt shall be identical te
the metes and beunds legal deSeFiptien en the face of the plat. The City reseFves
the Fight te require updates of the ceFtifieate eF title FepeFt at any tome pFieF to
the granting of the final plat, by the city ceunciij
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137
6. Gertmfocatmen by the King Ceunty finance depaFtngent that taxes have been
been made with the I(ing Ceunty finance depaFtment on sufficient amount te pay
delinquent special assessments and that all special assessments certified te the
StFeets, alleys eF etheF public uses are paid On fulli
d }e
12. Cepies ef any restrictive cevenants as may be used in the subdivisien.
D. All subdivisien final plats shall be surveyed by a land suFveyeF licensed On the
state. All exteFiE)F eeFneF and/eF angle peints shall be set with re bar and cap.
The type ef stFeet menuments used shall be on aCCeFdance with eity ef Kent
standaFds and shall be installed per these same standards. The licensed land
previded en the final mylar.
E. if any utility cen9panies and/E)F utility diStFiets have existing easements within
the prepesed plat, the plattler eF its assigns shall have these easementS Femoved
eF shall have theiF Fights subeFdinated te the city ef I(ent.
F. The final plat shall be submitted to the planning depaFtment feF Feview by tlg-e
,,,,,, ,,vements; and cempleteness and accuracy ef survey data and platting
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138
,.-,U,,ernents. The plannin department shall distribute the final plat te all
departments and agencies receiving the Preliminary plat, and to any ether
departments, utility agencies and other governmental agencies as is deerned
necessary.
G. After the final plat application has been deteFn9oned te be cemplete and all ef
the plat cenditmens have been Fnet, the plat will be officially accepted and the
planning department shall set a date for a public rneeting fer the city ceuncol te
H. Befere the final plat is submitted te the city ceuncil, it shall be signed by the
city engineer and planning doreCteF. After the final plat is appFeved by the city
ceune it shall be signed by the mayer, the pr perty manager and the finance
dmrecter. The final plat shall be filed with the King Ceunty auditeF by the city.
1. A cepy of the FeEeFded plat shall be filed with the planning department ar'd
ene set of the eriginal nqylaF shall be filed with the department ef public weFl(s.
The city council shall appreve, disappFeve er return the final plat te the applicant
fer medwfocatmen and/er cerrectien within thirty (30) days ef the date of the city's
deterngwnatwon ef completeness and acceptance of the final plat applicatienj
unless the applicant censents te an extensuen ef such tinge period.
1:2.04.730 Subdivision final plat empmratmen-.
if a final plat has net been submitted fer reeerding within sox (6) menths afte
appreval by the eity eeuneol, the plat shall expire and be null and vemd. Te
revitalize the expired plat, the plat shall be resubmitted as a prelinginary plat.
eeune+�.
, }
12.04.735 Procedure for
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139
altered,A. if an applieant wishes to alter a subdivision eF any peFtmen thereof, exeept as
pFevmded in KCC 12.04.740, that person shall submit an application to the
planning depaFtFnent Fequesting the alteFatmen. The application shall eE)ntamn the
B. if the subdivision is subject te FeStFictive covenants which were filed at th-e
result on the vielatmen ef a covenant, the application shall contain an agFeemen
by all parties subject te the covenants PFOVidong that the parties agree to
teFFAmnate OF alter the relevant covenants to accemplish the purpose ef the
Miner alteration may be appFeved with consent ef the planning dmFecteF and the
public WE)FI(s dmFeCtE)F. A FnajeF plat alteFatmen shall require censent ef the hearing
...,...neF, after public netice and a publie heaFmng is held. The planning
department shall pFeVmde netice ef the applicatien fE)F a ngajE)F plat alteration to
all ewneFS ef pFepeFty within the subdivisien, and as waS required by the
subdovisien application. The planning dmFeCtE)F shall have the aLAtheFmty to
,lte ,}me
n.
D. if the alteFat'en iS requested te a subdivismen after final plat appFE)val, but,
PFOOF tE) filing the final plat with King Geunty, a plat alteFatmen may be appFeved
planning department shall pFeVmde netice of the application te all ewneFs e
pFepeFty within the subdivision, and as waS FeqUmFed by the subdivismen plat
application. The notice shall establish a date fer a public meeting.
E. if the alteFat'en iS Fequested te a subdivismen after filing the final plat witli
I(ing County, a Miner plat alteFatmen Fnay be approved with consent ef the city
alteFatmen, then the planning dmFeCteF may require Feplatting pursuant te
this chapter. Upen recempt of an appimeation fer alteration, the planning
department shall provide netiee of the application to all ewners ef property
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140
wothon the subdivisien, and as was FeqUiFed by the subdivismen plat application.
F. The city shall deteFFnine the public use and inteFest on the PFE)pesed alteFatmen
and may deny eF appFeve the applicatien feF alteFatien. if any land within the
alteFatmen is paFt ef an assessment diStFiet, any outstanding assessments shall
be equitably divided and levied against the Femaining lots, paFee'S, OF tFaets, e
be levied equitably on the IE)tS Fesulting fFenq the alteFatien. if any land within
the subdivisien, sueh land n9ay be alteFed and divided equitably between
auditeF te beceme the lawful plat ef the pFepeFty, afteF Feceiving final plat
ef any plat of state gFanted tide OF sheFe lands.
1T04T40Procedure fer viieatmen of a � Aft
that peFSen shall file an applicatien feF vacatien with the planning depaFtment.
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141
C. When the vaeatien application is specifically feF a city street OF Fead, the
vacatmen. When the application OS fE)F the vacation of the plat togetheF with the
StFeets OF Feads, the precedUFe feF vacation in this section shall be used but,
vacations Of StFeets may net be made that are pFehibited undeF state law.
D. The planning depaFtment shall give notice te all owners ef prepeFty within the
subdivision, and within thFee hundFed (300) feet ef subdivision beundaries and
te a'' applicable agencies. The heaFing exanginer shall eenduct a public heaFing Of
shall conduct a public heaFing on the applicatien for a vacatien Of the request
te be served by the vacation ef the subdivisien. if any peFtien ef the land
centamned the subdmvmsien was dedicated to the public feF public use er benefit,
such land, not deeded te the city, shall be deeded to the eity unless the city
ceunem! sets fOFth findings that the public use weuld net be seFved in Fetaining
toile to these land.,
the CeLinty FeceFds. if the vacated land is land that was dedicated te the publici
feF public use other than a Fead eF StFeet, and the city ceuncil has found that,
retaining title te the land is net in the public inteFest, title therete shall vest with
by the city council. When the read OF StFeet that is te be vacated was centained
wholly within the subdivisien and is paFt ef the boundary ef the subdivision, title
te the vacated read eF street shall vest wmth the ewneF E)F ewners Of PFOperty
F. Thms sectien shall not be censtrued as applying te the vacation of any plat e
state granted tide eF shere lands.
1:2.04.745 Standards for the subdmvmsman of 'and and any dedications.
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142
preserve drainage patterns, pretect greund water supply, prevent eFE)SmeR, and
te preserve trees and natUFal vegetatmen. This is beneficial to the City MR
subdovideF on Creating an attractive and quality enVmFenment. Land which is
harmful te the safety and general health Of the future residents sueh as land
adversely affected by fleeding, bad drainage, steep slepes, or Feek cempatible as possible with the ecolegical balance Of the area. Goals are to
Land which the city ceuricil censideFS '---pp--p-.ate feF subdovismen shall net be
subdmvmded unless adequate metheds are pFeVided as safeguards against these
adverse cenditions. if any pertmen Of the land within the beundaFy Of a
preliminary plat OF appreved FeCOFd Of survey is subject to fleod, Or inundatmen-,
subdmvmsmen shall have the Written appFeval ef the State Department Of Ecelegy
befere the city ceuricil shall hear the final plat. Every reasonable effeFt shall be
made—Ce preserve existing trees. Every effort shall be made to preserve ---•_}ing
Streams, bedies Of water, marshes, and bogs. if a stream passes threugh any Of
the subject preperty, a plan shall be presented which indicates hew the stream
will be preserved. Methedelogy sheuld include an overflew area, and an attempt
te monimize the disturbance Of the natUFal ehannel and stream bed. The piping
OF tunneling of water shall be dmsceuFaged and allowed Only when geing unde
Streets. Every effert shall be made te l(eep all streams and bedies Of water clea-F
Of debris and pellutants.
B. Where Fesodentmal subdmvisiens are to be develeped adjacent te business,
cemmeFCmal, OF industrial land use dmStFocts, buffer StFmPS may be pFeVided. No
plan feF the replatting, subdivision, Or dedicatmen ef any areas shall be approved
by the city council unless the streets shown therein are cennected by a surfaced
read OF street according te city specificatmens to an existing street or highway.
The lecatmen ef all Streets shall cenfeFM to any adepted plans fOF Streets on the
i=itv_ The pr epoi%d Street system shall extend existing Streets at the same Or
greater width, unless otherwise appFeved by
the engineering department. All
preposed street names shalle app F6 t e eitb. Sheets ."'.}..dng with
existing or propesed public highways, maJOF OF secondary arterials shall be held
to
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143
C. The alignment of all StFeets shall be Feviewed and appFeved by the pubk
appFeved by the public WOFks depaFtment in consultatien with the planning
seFVices office and the fiFe pFevention division:
1. WheFe StFeet inteFsectmens must be offset, such effsets shall net meaSUFe les-s
than twe hundFed (200) feet fFem the centerline te center
2. Residentmal eul de sacs shall net exceed a length ef five hundred (500) feet.
3. Ne StFeet gFades shall exceed fifteen (15) peFeent. A gFading peFmit shall b-e
iequiied as peF the intefflational Building Cede, the intefflational Residential
Cede, E)F etheF applicable building cedes, as adepted and amended in Ch. 14.01
4. A tangent ef at least twe hundFed (200) feet On length shall be PFE)vided
sixty (60) feet eF MeFe in width, the centeFline Fadius ef EUFvatUFe shall be net
less than thFee hundFed (300) feet and en etheF StFeets it shall be net less thanr
6. All changes on gFade shall be connected by veFtical CUFves ef a minimum
length ef two hundFed (200) feet unless specified E)theFWmse by the publie WeFks
7. All StFeets shall be platted at full width. All StFeet iMpFevengents shall be Of
full width iMpFevement. Full width shall censist ef the follewing:
a. All StFeets, Feads, and alleys shall be gFaded to theiF full width and the
b. All StFeet and alley SUFfaces shall be ef asphalt CenCFete aCCeFdong tO City
135
144
c. All Streets may have permanent cenCFete CUFbs and gutters aCCeFdong tE) City
d. All Streets shall have SteFM dFamns censisting ef the pFepeF size pipe and catch
basins eF epen ditch which is to be deteFMined at the tome ef the public heaF"-g
feF the pFeloFnmnaFy plat. Whenever epen ditch is allowed, ne clesed dFamns may
be installed except aCFOss an authOFmzed dFmvewa�-
have sidewalks, with a minimum of five (5) feet width en at least one (1) side.
f. All Streets shall have Street lighting lecated and installed on aCeeFdance wmtl!'[
the standards of the public WOFI(s department as follows:
-Street Type Maximum Lighting Hej�
esi de,T E- eel
• I de sae fee',
Streets;Street light heights and spacing shall consider the canepy and Feet system
g. Streets which may be extended On the event Of fUtUFe adjacent platting may
be required te be dedicated te the beundary line. Extenswens ef greater deptil
than an average let shall be impreved with temperary turnareunds. Dedicati
ef a full wwdth beundary street may be required in certain instances te facilitate
future develepment.
h. Planting strips are required On residential subdivisiens and shall:
Be net less than five (5) feet in wudt-h-,-
Gentain Street trees appFepFwate te the city censtructien standards, as app ed
by the public werks department, on censultatmen with the planning services effice
and fore preventien divismen;
136
145
leaves, fallen branches, and fFHmt debFmS. Maintenance does not include such
thongs as feFtilizing, tFmFnngmng, Feet centrel, removal of dead eF dying trees, E)f
nsect and dosease eE)ntFE)I.
Street widths vary aCeeFdong te functmen and tFaffmc generated. The fellewing
must be adhered te if full pavement OS FeqUmFed:
Standards Street DesiRight
(feet) (feet)
A
�pp 8-p
Kner rte r'-�I TQ -SQ
Resodentm lcral -crcreet 49 2-&
r��Ira' de Sa-e 4-3 2-&
Where full pavement OS nOt FeqUwFed, the rught ef way widths shall remain the
same for the type ef street defined On the cemprehensive plan. The imprevemen
may censist ef twe (2) eleven (11) feet driving lanes and two (2) eight (8) f
sheulders and twe (2) sox (6) feet drainage sectmens and twe (2) five (5) feet,
if a subdivision is lecated in the area ef an efficially designed trawl,
may be made fer reservatien ef the right ef way er fer easements te the city fer
tram! PUFPE)ses.
street classificatmen (see subsectmen (7)(i) ef this sectmen), site cenditiens, e
ether eendutmens as deteFMined by the public weFl(s department, in censultatmen
a. Resodentual Streets with entrances cennected te arterial er cellecter streets
shall previde curb bulb euts at each plat entrance, er shall previde curbs
constructed at the return radmus standard fer resudentmal class streets found On-
the city censtructmen standards. Other traffic calming eptiens may be determined
137
146
b. Mmd bleck chokers are Fequired on bleeks gFeater than five hundred (500) feet
0 n length, unless etheFWmse determined by the public weFks depaFtment—.
with the planning seFViE:es effice and fore preventmen divismen. These eptions
ncludeMOFe appFOPFmate to site eenditions by the public werl(s department,
but are net limited te:
Traffic COFEles;
Chel(eFSi
CnTcanesiand
v. Spced humps.
9. Nenpublie streets. Ownership ef Ovate StFeets net epen te public CmFeulati
maontamn. Such nonpublic StFeets may seFve net mere than none (9) lets. These
streets shall have asphaltic OF eeneFete SUFface. The minimum paving width fe
a'' limited residentmal access stFeets shall be twenty (20) feet. A five (S) feet,
HeweveF, a sidewalk is net required en limited residential access StFeets serving
feur (4) OF less dwellings.
D. A minimurn ten (10) feet wide peFimeter strop ef type 11 landscaping and
adjacent te a public eF pFivate Feadway that dees net pFeVide direct vehmeu!aF
access to Ondovidual lets. The landscaping StFop shall include an autematic
0 rrigatmen systeng sufficient to enSUFe survival ef the planted materials. Fencing
censtructed ef weed, iFen, masenry, eF ether suitable mateFials approved by the
planning manager shall be lecated between the landscaping StFop and the
cenfiguration aleng the length of the StFeet frontage. The fence and 'andscape
StFop shall be located in a sepaFate tract and shall be depicted on the final plat.
138
147
/ ; ; /
These utilutmes te be located in the planting StFip shall be placed on such a
manneF and depth te peffnit the planting ef tFees. These utilities te be lecated
beneath paved SUFfaces shall be installed, including all seFV!wce cennections, a-s
B. Unless septic tanks aFe specifically appFeved by the city, sanitaFy seweFs shall
be pFeVided at ne cest te the city and designed in acceFdance with city
standaFds.
slepes. The siz. te be previded shall be determined by flew and shall be of sufficient length te permit full width readway and requir
fermula, but in ne case shall be less than twelve (12) inches.
D. The water distributien system including the lecatiens ef fire hydrants shall b-e
designed and accerdance with city standards as defined by
/ /
^f AA 755 Pfub'me use and
servmee areas.
trees,Due eensoderatmen shall be given by the subdivider te the alleeatien eFi
adequately sized areas fer publie serviee uisage. Easements may be requir-ed fe
the rnamntenanee and eperatien ef utilities as speeified by the
department. Dbie regard shall be shewn fer all natural features sbieh as larg-e
/
preserved, will add attraetiveness and value te the pr-epert�-
139
148
12
AA 760 B'ee4t.
Blocks shall net be less than thFee hundFed (300) feet neF MOFe than ene
than sox (6) feet On width dedicated te the city te extend entmFely acFess the
paved feF themF entire width and length with a permanent surface and shall b-e
adequately lighted. Blocks shall be wide eneugh te allew twe (2) twers ef lets,-
single tier.
/ /
^f AA 765 1 ets
te eur-ved street lines. Eaeh let n9ust fr-ent upen a publie street er- read. The insefar as praetmeal, side let lines shall be at r-ight angles te street lines er- radma4
shape, and er-mentatmen ef lets shall ngeet the Figiningung area and width
be platted with additmenal width tle allew fer- the ad-ditienal side yar-d
,,-.,u,,engents. Lets whieh are ber-dered by twe (2) nger-e er less parallel streets-
Fifteen (i C) feed
/ /
A. Monuments. Cencrete PeFmanent eentFel monuments shall be established at
each and eveFy controlling COFneF ef the subdivision. lnteF'leF FAOnUMents shall
be 'ecated as determined by the engineering depaFtment. All surveys shall be of
second degFee accuracy. The use of state plane coordinates is enceuraged. All
ether I..} CeFneFs shall be Fl(e d with suitable Figet I e weed ngaF!(eFS.
140
149
B. Street signs. The subdivideF shall FeimbHFse the city on the eest of the public
StFeet name signs and installation necessaFy in the subdivisien. The subdivide
at hos cest shall install StFeet name signs en all pFivate StFeets in the subdivision.
any point. Additional Fegulatiens shall be placed en hillside subdivisions in eFdeF
te pFotect the unique enV 0 FE)nment and te deal with additional dFainage and
n pFeblems pFesent in such aFeas. The fellewing standards shall apply te
12.04.77C)(A) and (B) which shall apply unless specifically excepted:
shall be pFesented in OFdeF te deteFMine if the subdivisien can be safely
d,
walls.2. Detailed plans feF any pFepesed cut and foil opeFatmens shall be submitted.
These plans shall include the angle ef slepe, conteUFS, cempactien, and Fetaining
may be less than these FeqHiFed in KCC 12.04.745(C)(6) and (C)(7)(a) Of it
feund that tFaffic geneFated will be less than On a nenhillside subdivisien-.-
Title 1S, Zening. Generally, lets On steeper areas ef the subdivismen sheuld be
largeF than these On less steep aFeas ef the subdilvIlSiOn.
3. StFeets may have a gFade exceeding fifteen (15) peFeent and StFeet widths
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A. ZeFe lot !one subdivosions shall be subject tle the development standaFds
eut'mned On KCC Totle 15. These standaFds include n9inimung let size, width,
depth, __c.
B. The regulations ef KCC 12.04.745 thFeugh 12.04.770 shall apply unless
specifically excepted. in addition, the following standaFds shall apply te zeFe let
imne b diyosmen:
1 S-tfeEts�eurbsand sidewalks.
systems, it may be necessaFy feF the City te FeqUmFe publiC Fights of way te be
pFeVmded within the develepn9ent. When the PFE)ViSiE)n ef such Fights ef way-+S
necessaFy, the Fight of way width, paving width, and etheF standaFds shall b-e
shall be applied along these Fights ef way.
n9amntamn. These streets shall have asphaltic eF C019CFete surfaee, and cenerete e
asphalt cuFbing shall be pFeVided aleng both sides ef all stFeets exeept wher-e
curb cuts aFe necessaFy fer dFiveways. The . . paving width for all
cellecteF streets within the zeFe lot line development shall be twenty feuF (24)
feet. The ngonongung paving width for all Fesidential access stFeets shall be twenty
(20) feet. A five (5) feet wide sidewalk shall be provided on ene (1) side ef the
StFeets seFVmng tWe (2) er less dwellings. in additmen, guest paF!(mng shall be
. led at a rate of 0.5 guest paF!(l'ng spaces per dwelling unit beyend the
neFngal parking previded at the dwelling.
2. st-,i utilities. All utilities designed to seFve the ,d.,.,.,1.,.,.,- ent shall be
such a nganneF and depth te peFR90t the planting of trees. These utilities to be
lecated beneath paved suFfaces shall be installed, including all seFvmee
cenneetmensplaced LindeFgFeUnd. Any utilities lecated On a planting StFop shall be placed In
as appFE)ved by the public works depaFtn9ent. SUCh installatiOn shall
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designed On accerdance with city standaFds.
b. Storm drainage. An adequate dFainage system shall be provided fer the
preper drainage of all surfaee wateF. Gress drains shall be provided te
accemmedate a" natural wateF flew and shall be ef sufficient length te peFMmt
full width readway and FequmFed slepes. The size epenings te be previded shall
be deteFMoned by Talbet's fOFMula, but On ne case shall be less than twelve (12)
0 nehes. All mebmie heme paFtS must comply with city drainage erdinances.
e. Water system. The wateF diStFibutmen system including the lecatmen Of fmF-e
hydFants shall be designed and aCCeFdance with city standards as
d. Eleetr4eal heek ups. All electrical hookups shall cemply with the Natmenal
Electrocal Cede. PeFMmtS shall be ebtained from the State ElectFical inspectmen
Easements may be FeqUiFed feF the maintenance and epeFatmen of utilities DT�Tr
i i i i i
Gress reference(s) o let lone deyel@p ,
A. All subdivisions On the SR 1 zening diStFiCt shall be Fequired te be clustered
pursuant te this sectien when the pFeperty is lecated within OF centains an uFban
separater as designated en the City ef Kent Gemprehensive Land Use Plan Map.
B. Cluster subdovuswens shall be subject te the development standards eutioned On
KCC Tutle 15. These standards mnelude monimum let size, width, yards,1:2.04.778 Clustering in urban separaters.
parking, landscaping, signage, etc.
applicable prevismens ef this chapter, shall apply unless specifically excepted. in
additmen, the fellewing standards shall apply te clustered subdivismens:
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2. Permitted uses. The clusteF Fesmdential develepment eptien shall include enly
single faMily Fesidential uses,
4. Permitted density. The maximum numbeF of dwelling units permitted On a
clusteF development shall be ne greateF than the number of dwelling units
allowed fer the parcel as a whele fer the zening district On which it is located.
S. Let s�ze. in the interest of encouraging flexibility On site design and the
preseFvatien ef epen space, the minimum let size ef individual building let-s
New letS CFeated by any subdivisien aetien shall be clustered On gFeups no
exceed-Ong eight (8) units. TheFe may be MeFe than ene (1) cluster per project.
Separation between cluster gFeUPS shall be a minimum of one hundFed twenty
i12n�t.
6. Let width. The minimum let wmdth fE)F indovidual building lets in a cluster
7. Other development standards. Develepment standaFds etheF than let size
lot wodth shall be the same as aFe required within the zening district On which the
cluster so.dential deyelepment is located.
amended,8. Comfnen open space. The cemmen open space On a cluster subdivision shall
nencenStFained aFea ef the parcel includes a'' areas ef the parcel, minus CritiCal
areas, as defined On RCW 36.70.030(5) as CUFFently and hereinafter
and buffers. The remaondeF of the noncenstFained aFea ef the paFeel shall be the
clusteFing shall be lecated and cenfiguiced On the manner that best cennects and
pretects aFea wildlife habitat, creates Effectivity between the eh' Ee
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planned public paFl(s and trails, and maintains seenme vistas. CFmtmeal areas and
buffers shall not be used on deteFR90nmng lot size and commen epen space
,.-,U,, ements on _a cluster subdivismen. All natural featUFes (such as StFeaFns and
their buffers, significant stands ef trees and FeCk eUteFeppmng), as well as
sensitive areas (such as steep slepes and wetlands and their buffers) shall be
preserved.
_
areas,FutUFe develepment of the common epen space shall be pFehibited. Except as
manner that degrades adjacent envirenmentally sensitive areas, rural areas,
ItUFal
OF Fesoffee
lmpalFS scenic vistas and the connectivity
/
between the open space PFOVmded by the clustered develeprigent and adjacent
epen / degrades wildlife /
and mmpamFS the FeeFeatmenal benefits
to Fesiae, of the deyelep }ant __ . _e _d to the city with the city's censent
and approval OF te anetheF party upen appFeval of the city ef Kent.
/ /
A. When located wholly eutside an Urban separater cluster subdivisiens are
greater flexibility in design and disceurage develepment sprawli te facilitate the
ecenernmeal and efficient previsien ef public servicesi te previde a mere efficient
use ef land On harmeny with its natural characteristics; te preserve mere usable
epen space, -agricultural 1 nd, tree cever, recreatmen areas, and scenic vwstas--
1:2.04.779 Clustering in residential zones outside urban separators.
and review CFwteria are intended te ensure that lets are censustent woth the
desired character ef the zone, allewing lets te vary in size and shape, whole stiff
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KCC Title 15, unless etheFWise medified by this chapteF. These standaFds
0 nclude, but aFe not limited to, minimum let size, width, yaFds, setbaci(si
paFkiRg, landscaping, and signage.
applicable PeFtiE)nS of this chapteF, shall apply unless specifically excepted. in
C. ClusteF subdivisions shall be subject to the develepment standaFds eutlined
.
single fangily Fesidential uses, as defined in KCC
2. Permitted uses. The elusteF Fesmdential develepment eptien shall include enly
4. Permitted density. The maxingung niAngber ef dwelling units peFn9otted on a
clusteF development shall be ne gFeateF than the numbeF ef dwelling units
S. Let s�ze. in the mnteFest of enCE)HFaging flexibility On site design and the
pFeseFvatmen ef epen space, the nginingung lot size of individual building let-s
Feduced by twenty five (25) percent of the nginingung let size feF the undeFlying
zening diStF Ct
6. Let width. The nginingung lot width for mndmvmdual building lots on a clusteF
7. Other development standards. Develepngent standaFds etheF than lot size
lot wodth shall be the same as aFe Fequired within the zening distriet On Which the
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size,a. The PFOpesed cluster develepment pFeject shall have a beneficial effect upeFf
achieved by tFaditional let by let develepngent, and it shall net be detFingental te
existing eF petential SUFFeunding land uses as defined by the cemprehensive
existing land use eF PFE)peFty that abuts eF is diFectly aCFeSS the stFeet from th-e
subject PFOpeFty. Cempatibility includes, but is not limited to, appaFent
scale, mass, and aFehiteetural design.
maintained, and the design to benefit the development and the
techniques such as separatien of building gFeUPS, use of well designed epen
space, cemngen er shaFed space, and landscaping. Open space shall be
element of the p ct
0 nnevatmen on site and building design and shall include aFehmteCtUFal and site
features that pFemete community interaetien and accessibility, such as PeFehes,
de emphasized garages, shaFed dFiveways, sidewalks/ walkways, and adjacent
cemmen aFeas. Buildings shall be related by eemmen materials and reef styles,
but eentFast shall be pFevided thFeUgheut the site by the use of vaFied materials,
archmteCtUFal detailing, building scale, and erientation.
f. Building design shall be based en a unified design cencept, particularly when
censtructmen is in phases.
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a. The commen open space in clusteF subdivisions shall be a minimum e
driveways, and yards within individual lets shall not be cemmen epen-
e.
c. The cemmen epen space tracts created by clusteFing shall be lecated and
CFeates cennectivity between the open space PFOvmded by the clusteFing and
etheF adjacent open spaces, as well as existing eF planned public paFl(s and
t Famls, ,r,d maintains scenic vistas.
wetlands and themF bLAffeFS) shall be pFeseFved.
specified en Fecerded documents EFeating the common open space, all cemmen-
between the epen space PFOVmded by the clusteFed develepment and adjacent
enjeyed by the Fesidents of the develepngent.
tFees, and FE)Cl( eUtEFepping) as well as sensitive aFeas (such as steep slepes and
cenveyed to the city with the ,
"_'/
i 3 6 07.
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supplementaFy provisions, ch. .
. led On thms sectien.
1:2.04.785 Design standards for industrial and eammercial pi
Q. The StFeet w wdths shall be as fell"ws:
11a ..�.� ent i dales
��^^^^yy TiTPCTT�
7"� feet
irra-dSrr-Fa-r
B$ 44
Coll. cte
�. vr
g$ J6
Streets
Alleys 2-G -
The city may reqUiFe that street widths in cengmercial subdivisiens be
te previde fer traffic rnevernent and te reduce er eliminate traffic congestien.
C. All undustroal arterial (ninety (90) feet right ef way), industrial cellecters-
(eighty (80) feet right ef way), and cemmercial streets (sixty (60) feet right ef-
way) shall have sidewalks a minimum ef five (5) feet On width, en beth sides.
0 ndustroal and cernrneFemal access streets whoch are also threugh streets shall
have sodewalks a minimurn of five (5) feet On width, en ene (1) side.
D. All let cerners at ef dedicated public rights ef way shall have a
. . kurn radii of twenty five (25) feet-.
E. if 'Ir ad track t such track rl the r
�rr�arrr6-a a--ci-a crc.i-ai=�z6 2--FC�� � dtrii B F�.S-I.Fi�--cr-a crcS--ai=rcrcr-rc ii
reute shall be shewn on the face ef the preliminary plat.
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F. Bleeks shall net be less than sox hundFed (600) feet OF MOFe than two
theusand (2,000) feet in length. Bleeks sheuld be net less than thFee hUndFeE[
tep0gFaphical cenditiens eF size ef the pFepeFty, on which case the land use
and eFientatmen ef lets shall meet the minimum aFea and width FeqHiFements e
develepment and use contemplated. HeweveF, of lets feF individual sale eF lease
1. insefaF as pFactical, side let lines shall be at Fight angles te StFeet lines E)
2. GeFneF lets may be FequiFed te be platted wideF than inteFOE)F lets as
deteFFnined by the planning depaFtmefft-.
Article IIIV. Binding Site Plans
12.04.800 Purpose.
Consistent with RCW 58.17.035, the purpose of this article is (a) to create an
alternative process segregating property zoned industrial or commercial for the
purpose of sale or lease without the necessity of completing the procedures for
platting; and (b) to allow for the division of multifamily residential zoned land for
condominium purposes without the necessity of completing the procedures for
platting. A binding site plan process merely creates or alters existing lot lines
and does not authorize construction, improvements, or changes to the property
or the uses thereon.
(Ord. No. 3664, § 1, 10-7-03)
12.04.805 Binding site plan committee.
A. A binding site plan shall be considered by the city's binding site plan
committee. T4ie-pPlanning services effiee-shall distribute copies of the application
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for binding site plan approval to each member of the committee and to other
appropriate agencies for review and comment, and provide public notice if
required by KCC 12.01.140.
B. A meeting attended by the applicant or his representative and the binding
site plan committee members shall be held within thiFty (33A)forty (40) days of
the determination of completeness of the application or receipt of requested
additional information, consistent with the timelines established in Ch. 12.01
KCC. The meeting shall be open to the public. Notice of the public meeting shall
be circulated consistent with the requirements of KCC 12.01.145. An additie
The meeting may be c-aNedcontinued if no decision is reached at the first
meeting. The second meeting shall be held no later than seven (7) calendar
days after the first meeting or on a date mutually agreed upon by the applicant
and the committee.
C. Three (3) of the five (5) members of the binding site plan committee must be
present in order for the committee to take any action.
D. The binding site plan committee may approve, approve with conditions or
modifications, or deny the application. The committee shall not impose any
conditions which are inconsistent with prior land use approvals of the
development covered by this application. The decision of the committee shall be
made at the committee meeting.
E. As a condition of approval of the binding site plan, the binding site plan
committee shall have the right and authority to require the deeding of rights-of-
way or easements for street and/or utility purposes, when determined necessary
as a result of the binding site plan development. Any deeding shall precede the
recordation of the binding site plan unless otherwise specified through a
development agreement.
(Ord. No. 3664, § 1, 10-7-03)
12.04.810 Appeal.
The decision of the binding site plan committee shall be final, unless an appeal
by any aggrieved party is made to the hearing examiner within fourteen (14)
calendar days after the committee's decision. The appeal shall be in writing to
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the hearing examiner and filed with #}e—planning services e f+ce. Any appeal
shall be consistent with KCC 12.01.190, Open record appeal.
(Ord. No. 3664, § 1, 10-7-03)
12.04.815 Applicability for commercial and industrial sites.
A. The subject site shall consist of one (1) or more legally created lots; and
B. The property must be zoned commercial and/or industrial.
(Ord. No. 3664, § 1, 10-7-03)
12.04.820 Application requirements for commercial and industrial sites.
All of the following information shall be included in any application for binding
site plan approval for commercial and industrial lots:
A. At a minimum, the binding site plan application shall include the following
information:
1. A map or plan showing the location and size of all new proposed lots;
2. Proposed and existing structures including floor areas and setbacks;
3. Location of existing and proposed public rights-of-way, private and public
streets and easements;
4. Location of all existing and proposed open spaces including any required
landscaped areas, parking areas and all major manmade or natural features
(i.e., streams, creeks, drainage courses, railroad tracks, utility lines, etc.);
5. Layout of an internal vehicular and pedestrian circulation system, including
proposed or existing ingress and egress points;
6. Location of existing and proposed fire hydrants to serve the site;
7. Description, location, and size of existing and proposed utilities, storm
drainage facilities, and reads streets to serve each lot;
8. Expected location of new buildings and driveways;
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9. LetteFCertificate 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
15.05 have been met;
11. The following code data: zoning district; total lot area; total building area;
percent of site coverage; total parking and vehicle maneuvering areas;
12. Plans, analysis and calculations verifying building code compliance of all
existing structures, to include, but not limited to, identification of all types of
construction and occupancy classifications, allowable area calculations, wall and
wall opening protection, and provisions for exiting and accessibility for the
disabled;
13. Proposed cross-access and maintenance agreements for parking, circulation,
utility, and landscaping improvements, if shared;
14. The site plan shall also include the name of proposed development; the legal
description of the property for which the binding site plan is sought, the date on
which the plans were prepared; the graphic scale and north point of the plans;
and
15. The title, "Binding Site Plan" shall be at the top of the plan in large print.
B. A Fecent 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 11.03.
F. Copies of all easements, covenants, and other encumbrances restricting the
use of the site.
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(Ord. No. 3664, § 1, 10-7-03)
12.04.825 Approval criteria for commercial and industrial sites.
A. Criteria. An application for a binding site plan on commercial or industrial
lands may be approved if the following criteria are satisfied:
1. Adequate provisions have been made for stormwater detentieR, domestic
water supply, sanitary sewer, dFainagew stormwater facilities and conveyance
systems;, private and/or public streets;.- pedestrian access;.- vehicle access and
maneuvering, public and private utilities; and other public sneeds;
2. Each lot shall provide access to a public Fead street and make provisions for
connectivity of alleys, pedestrian aeeesswaysaccess ways, and other public
ways;
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 improvements. As a condition of approval, the city may authorize or
require the sharing of open space, parking, access, setbacks, landscaping, and
other improvements among contiguous properties. Conditions of use,
maintenance, and restrictions on redevelopment of shared open space, parking,
access, and other improvements shall be identified on the binding site plan and
enforced by covenants, easements, or other similar mechanisms. Such
agreements or restrictions shall be recorded with th-e—King County auditeFs
of iee-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 the eend*teens to whieh the binding site plan is
,any applicable irrevocable dedications of property. The binding site plan shall
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contain a provision requiring that any development of the site shall be in
conformity with the approved site plan and any applicable development
regulations subject to the vesting requirements of this chapter.
C. Phasing of development. Unless otherwise provided for in a development
agreement, development permit applications shall be submitted for all structures
and improvements shown on the binding site plan within three (3) years of
approval. The planning manager may administratively extend this period by one
(1) additional year if requested by the applicant. Permit applications submitted
within that period shall be subject to the vesting requirements of this chapter. If
the applicant chooses to develop the property in a phased development, the
applicant must execute a development agreement with the city pursuant to RCW
36.7013.170. This agreement shall govern, at a minimum, the use and
development of the property subject to the binding site plan, including: (1)
vesting applicable to subsequent permits; (2) the manner in which each phase
of the development will proceed to ensure that the reads streets and utilities
necessary to serve each phase of the development are constructed prior to the
development of each phase; and (3) expiration of the agreement and all
provisions therein.
(Ord. No. 3664, § 1, 10-7-03)
12.04.830 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 12.04.210, Filing the final short
plat.
(Ord. No. 3664, § 1, 10-7-03)
12.04.835 Improvements for commercial and industrial sites.
Prior to the issuance of a building permit for construction within a binding site
plan for commercial and industrial sites, all improvements required to
adequately serve that portion of the plan for which the permit will be issued
shall be installed. Improvements may include, but are not limited to, Fead street
construction; water, sewer, and storm utilities; parking; building improvements
to meet code; and landscaping. Public improvements may be bonded for, in
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accord with the process in KCC 12.04.205(D), with approval of the public works
director.
(Ord. No. 3664, § 1, 10-7-03)
12.04.840 Modifications for commercial and industrial sites.
A. If an applicant wishes to alter a binding site plan for commercial and
industrial sites or any portion thereof, that person shall submit an application to
the planning services e€€iee—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 manager shall have the authority to
determine whether a proposed alteration is minor or major.
B. If the binding site plan is subject to restrictive covenants which were filed at
the time of the approval of the binding site plan, and the application for
alteration would result in the violation of a covenant, the application shall
contain an agreement signed by all parties subject to the covenants providing
that the parties agree to terminate or alter the relevant covenants to accomplish
the purpose of the alteration of the binding site plan or portion thereof.
C. If the alteration is requested to a binding site plan prior to recording of the
binding site plan with King County, a minor alteration may be approved with
consent of the planning manager and the public works director. A major
alteration shall require consent of the binding site plan committee, after public
notice and a public meeting is held. The planning services office shall provide
notice of the application for a major alteration to all owners of property within
the binding site plan, parties of record, and as was required by the original
application.
D. If the alteration is requested to a binding site plan after recording of the
binding site plan with King County and it is determined to be a minor alteration,
it may be approved with the consent of the binding site plan committee, after
public notice and a public meeting is held. The planning services office shall
provide notice of the application for a minor alteration to all owners of property
within the binding site plan, all parties of record, and as was required for the
original application. If the alternation is requested to a binding site plan after
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recording of the binding site plan with King County and it is determined to be a
major alteration, then the planning manager shall require the binding site plan
be vacated per KCC 12.04.230 and 12.04.845 and a new application for a
binding site plan shall be submitted.
E. The binding site plan committee shall determine the public use and interest in
the proposed alteration and may approve, approve with conditions or
modifications, or deny the application for alteration. If any land within the
alteration is part of an assessment district, any outstanding assessments shall
be equitably divided and levied against the remaining lots, parcels, or tracts, or
be levied equitably on the lots resulting from the alteration.
F. After approval of the alteration, the binding site plan committee shall order
the applicant to produce a revised drawing of the approved alteration of the
binding site plan, which after signature of the chair of the binding site plan
committee, shall be filed with the—King County auditors effiee—to become the
lawful binding site plan of the property.
(Ord. No. 3664, § 1, 10-7-03)
12.04.845 Vacation for commercial and industrial sites.
A binding site plan may be vacated as a whole only. Vacating a binding site plan
releases all conditions and obligations on the parcel associated with such plan. A
binding site plan may be vacated by submitting a letter to the planning manager
indicating an intention to vacate the binding site plan. The letter shall include
signatures of all ownership interests within the binding site plan and shall
become binding upon its acceptance by the planning manager.
(Ord. No. 3664, § 1, 10-7-03)
12.04.850 Vesting for commercial and industrial sites.
A binding site plan application shall be considered under the zoning and other
land use ^e~}~e' eFd nanees 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.
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(Ord. No. 3664, § 1, 10-7-03)
12.04.855 Applicability for condominium sites.
Multifamily residential condominium developments are eligible for binding site
plan approval, when the purpose of such approval is to divide the property so
that a portion of the parcel or tract can be subjected to either Ghap RCW
64.32 or RCW 64.34 . 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.
(Ord. No. 3664, § 1, 10-7-03)
12.04.860 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-twe—four
(24-2) inches.
2. Contain the name of the proposed development; the legal description of the
property for which binding site plan approval is sought; the date on which the
plans were prepared; the graphic scale and north point of the plans.
3. Show the following:
a. The layout of the site including the location of all existing and proposed
structures and their distance from property lines; the location of all existing and
proposed utilities, streets, and easements within or abutting subject property;
the location of all existing and proposed Vie—pedestrian walkways; and
existing and proposed open space area.
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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, dFainage
esstorm water facilities, railroad tracks, etc.
d. Building dimensions, height and number of stories, distance between
buildings, location and size of parking areas and number of stalls.
e. Following zoning code data:
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);
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.
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5. Contain the statement: "The use and development of the property must be in
accordance with the plan as represented herein or as hereafter amended,
according to the provisions of the binding site plan regulations of the city and
any division of the land subject to this plan shall not take place until the
development or the portion thereof to be divided is subject to Chapter 64.32 or
64.34 RCW."
6. Contain the statement: "The Feads and utilities shewn on this plan need not,
be censtFucted and/OF installed at the tome that the pFepeFty subjeet to this plan
0s divided. Any building permit required to develop any portion of the property
shall not be issued until the Feads streets and utilities necessary to serve that
portion of this property have been constructed and installed or until
arrangements acceptable to the city have been made to ensure that the
construction and installation of such reads streets and utilities will be
accomplished."
use and develepment of the land as reqUiFed PUFSuant to the appFOvals set fE)rth
KCC y 0 855
C. The application shall be accompanied by a ctFFentcurrent title report
produced no more than forty-five (45) calendar days prior to submittal.
(Ord. No. 3664, § 1, 10-7-03)
12.04.865 Approval criteria for condominium sites.
Approval of a binding site plan shall take place only after the following are met:
1. 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 utilites, and other public needs according to the
design and construction standards of the public works department
streets, other public ways, water supplies, epen space, and sanitary wastes, fer
the entire property covered by the binding site p!
2. Comply with all building code requirements;
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3. Comply with all zoning code requirements and development standards; and
4. Have suitable physical characteristics.
A proposed binding site plan may be denied because of flood, inundation, or
swamp critical areas or construction of protective improvements may
be required as a condition of approval.
(Ord. No. 3664, § 1, 10-7-03)
12.04.870 Enforcement.
Any violation of the conditions of approval, limitations on development or the
requirements of development imposed as part of a binding site plan approval
shall be subject to the enforcement proceedings and penalties established for
violation of Gap RCW 58.17 wand fei= v ferns of the—subd�esmen
EedeKCC 12.04.
(Ord. No. 3664, § 1, 10-7-03)
12.04.875 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:
1. It must be a reproducible map plotted on mylar or photographic mylar drawn
to a scale of not less than one (1) inch equals one hundred (100) feet—, &r}
Graphic -Sscale and north point
must be on the map;
2. Size eighteen (18) inches by twenty-twre-four (24-2) inches;
3. Legal description of the total parcel shall be shown on the final ++nenbindin
site plan. All legal deser-optiens shall be metes and beunds deseFiptiens i=efleeting
within the deser-optiens ties te all subdivisien lines, denatien elaim 'ones and/eF
4. Property subject of the binding site plan shall be surveyed by a land surveyor
licensed in the state of Washington. All exterior corners and streets shall be
monumented. Surveyor's certificate must appear on the final ++nenbinding site
plan;
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5. All cenditiens, limitations, and requirements feF the use and development &f
the land as reqHiFed pursuant to the approvals set forth On KCC 12.04.855 or the
appFeval ef the binding site plan cengn9ittee shall be aPPFE)PFiately set forth e-F
56. Certificate of approval by the chairman of the binding site plan committee
shall be provided on the linenfinal binding site plan; and
7. The Fface of the final binding site plan linen-must be signed by all owners of
the property.
(Ord. No. 3664, § 1, 10-7-03)
12.04.877 Filing the binding site plan for condominiums.
The binding site plan must be signed by the chairman of the binding site plan
committee. An approved binding site plan shall be filed for record in the effic ^�
thewith King County , rand shall not be deemed approved until so filed.
Copies of the approved binding site plans shall be filed with the planning
services eff+ee, city clerk's office, and department of public works.
(Ord. No. 3664, § 1, 10-7-03)
12.04.880 Expiration period for condominium sites.
If the binding site plan is not filed within six (6) months of the date of approval,
the binding site plan shall become null and void. Upon written request of the
applicant, the planning services office may grant one (1) extension of not more
than six (6) months. Such request must be received by the-planning services
effiee.prior to the six (6) month expiration date.
(Ord. No. 3664, § 1, 10-7-03)
12.04.885 Modifications for condominium sites.
A. An approved binding site plan may be amended by filing a request for such
an amendment with the-planning services e flee. T+e Rlanning services e€€ice
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
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site plan committee, unless the committee sets forth other guidelines for
approval of minor modifications.
B. If approved by the binding site plan committee, the amendment shall be set
forth in writing and filed in accordance with the Kent City Code emeept tha ;}
shall and recorded enly if the binding site plan eengn9ittee diFeets it te
recerdeawith King County.
(Ord. No. 3664, § 1, 10-7-03)
Article IVI. Lot Line Adjustments
12.04.900 Purpose of lot line adjustments.
The purpose of a lot line adjustment is to allow for the adjustment of common
property lines or boundaries between adjacent lots, tracts, or parcels in order to
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 pesescode
requirements.
(Ord. No. 3511, § 3, 5-16-00)
12.04.905 Scope.
A lot line adjustment shall allow property owners to alter, eliminate or relocate
lot lines to correct setbaek 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 ee
additional lots parcels or tract. All lines being adjusted must be between lots
that have been legally created under the regulations of the subdivision
ordinances in effect at the time of the lots' creation.
(Ord. No. 3511, § 3, 5-16-00)
12.04.910 Preliminary consultation with staff.
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Any person who desires to change the location of a lot line on land in the city
should consult with t#e—planning servizesdepaftniefft 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 apd
development services division shall also be consulted at this time for
advice and assistance in understanding the impact of relocating the lot line in
relation to structures and easements and any applicable engineering
requirements of this chapter.
(Ord. No. 3511, § 3, 5-16-00)
12.04.915 Application procedures.
Lot line adjustment applications shall be submitted on the forms supplied and in
the number of copies prescribed by the-planning depaFtffie4services, and shall
include the following:
1. A legible map, drawn to an appropriate decimal scale on a minimum eight-
and-one-half (8-1/2) inch by eleven (11) inch sheet of paper showing all of the
information required by the application form;
2. 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;
3. A current title report produced no more than forty-five (45) calendar days
prior to lot line adjustment application,
;
4. A copy of the existing legal description for Beth all parcels;
5. " ~ etes and beunds Legal descriptions of the proposed new lots_ if "}""" th
a platted let.
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(Ord. No. 3511, § 3, 5-16-00)
12.04.920 Principles of acceptability.
Lot line adjustments shall be consistent with the following principles of
acceptability:
1. Adjust lot lines to eliminate a common lot line between parcels in the same
ownership, to relocate a lot line to rectify a property line dispute, correct
property line or setback encroachments, or correlate with more accurate survey
data; and to allow a minor transfer of land between adjacent parcels;
2. Create better lot design, or improve access;
3. Conform to applicable zoning, subdivision and other code requirements
pertaining to lot design, building location, and development standards;
4. Aveud creatmen ^Shall not create an additional lot, parcel or tract;
5. Lots created or combined for tax purposes do not constitute a legal lot of
record.
6. 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.
(Ord. No. 3511, § 3, 5-16-00)
--_- •__-- --__• ••••••-_._.. of -_:fir•___.._--_
Within five (S) ealendar days ef reeempt ef a let line adjustment applieatien, tl+e
planning depar-tment shall review all ef the materials subFnitted and deter-mine
department shall send the applieant a letter identifying what inferngatien is
Within five (S) ealendar days afteF an applieant has subn9itted the requested
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and shall netify the applicant in the sange n9anneF. if the lot line adjustment
application is deteFFAined te be cengplete, the planning depaFtment shall accept,
the application and nete the date ef acceptance. The tinge peFied fE)F Feview E)f
12.04.930 Vesting.
A proposed relocation of a lot boundary line shall be considered under the
requirements of this chapter and the zoning and other land use regulations in
effect on the land at the time that an application for a lot line adjustment as
defined in this chapter, has been determined to be complete and
has been accepted by the city of Kent, pursuant to KCC 12.04.925.
(Ord. No. 3511, § 3, 5-16-00)
12.04.935 Referral of application.
A. Within €+ve-seven (§7) calendar days of accepting a complete application, toe
planning services shall distribute copies of the lot line adjustment
map and the application materials for review and comment to city departments
with jurisdiction over the lot line adjustment application. The distribution notice
shall state the dates of the comment period and deadline for submission of
comments to th-e-planning services.
B. A copy of the lot line adjustment map and the application materials shall be
provided to affected agencies as deemed necessary or if requested by the
agency.
C. City departments and affected agencies shall submit comments on the
proposed lot line adjustment to fie—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.
(Ord. No. 3511, § 3, 5-16-00)
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12.04.940 Approval criteria.
A. A proposed lot line adjustment shall not be approved unless the city finds
that:
1. Appropriate provisions have been made for:
a. Setbacks from existing buildings to proposed new property lines;
b. Existing and proposed utilities and utility easements;
c. Existing and proposed access to the parcels, adjacent streets, and access
easements;
d. Lot dimension and area conforming to city code requirements;
e. Location of onsite parking, landscaping and other significant site features
affected by the proposed new property lines;
f. The public health, safety, and general welfare of the community;
g. Protection of critical areas and habitat as
required by KCC 11.06;
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; and
4. The lot line adjustment is consistent with the principles of acceptability per
KCC 12.04.920.
5. New legal descriptions are consistent with the minimum standard
requirements specified in WAC 332-130-040.
(Ord. No. 3511, § 3, 5-16-00)
12.04.945 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.
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The planning der—manager may approve, approve with modifications, or
deny the application for a lot line adjustment. If approved, all copies of the lot
line adjustment map shall be stamped "approved" and signed and dated by the
planning d+recte manager. The applicant shall be notified in writing of the
decision. Additional copies of the approval notification and map shall be
distributed to the King County assesser's effice—and to the eity property
managengefft-p-qblic works department.
B. If modifications are deemed necessary by the planning d+reetermanager, 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.
(Ord. No. 3511, § 3, 5-16-00)
12.04.950 Appeal of decision on lot line adjustments.
The decision of the planning direeter manager shall be final, unless an appeal is
made by a--the aggrieved party of record to the hearing examiner within
fourteen (14) calendar days after the written decision. The appeal shall be in
writing and shall be processed pursuant to Ch. 2.32 KCC 2.32. The decision of
the hearing examiner shall represent final action of the city and is appealable
only to superior court.
(Ord. No. 3511, § 3, 5-16-00)
12.04.955 Appeal to superior court.
The decision of the hearing examiner is final, unless appealed to the superior
court. Such an appeal must be filed with the superior court within twenty-one
(21) calendar days from the date the decision was issued.
(Ord. No. 3511, § 3, 5-16-00)
12.04.960 Recording lot line adjustments.
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A lot line adjustment does not become effective until it and the appropriate
deeds are recorded with King County asseSS^~'S effice 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 t#e-King County ssesser's effiee
(Ord. No. 3511, § 3, 5-16-00)
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COMMUNITY DEVELOPMENT
Fred N. Satterstrom, AICP, Director
PLANNING SERVICES
Charlene Anderson, AICP, Manager
KENT
W AS HI N G T 0 N Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
October 20, 2008
TO: Chair Jon Johnson and Land Use and Planning Board Members
FROM: Matt Gilbert, Principle Planner
RE: Hazardous Substance Land Use Facilities Zoning Code Amendment
ZCA-2008-1/KIVA #RPP6-2083651
For the October 27, 2008 LUPB Workshop
SUMMARY: Based on comments from applicants and staff from other City
departments, the Planning Services staff has reviewed hazardous material-related
Conditional Use Permits (CUPs) processed since 2001 and found that adopted
environmental protections, siting limitations, building codes and fire codes are
typically sufficient to protect the public interest from any negative impacts
associated with these uses. In short, the CUP process does not typically yield
substantial conditions on hazardous material land uses that would not otherwise
have been imposed. Staff is currently in the process of formulating options for
streamlining the permit process and will discuss these options at the October 27th
workshop.
BACKGROUND: In 1988, the Kent City Council passed a series of regulations to
address land uses that accumulate hazardous substances on a site. A hazardous
substance is defined in the Zoning Code as a material that has any of the
dangerous characteristics of hazardous waste (i.e. ignitability, corrosivity, reactivity
and toxicity) as specified in the Washington State codes. While these regulations
were primarily intended to address larger scale waste-processing and storage sites
such as Philips Environmental and Univar, the definition of hazardous substance has
resulted in similar regulations also being applied to more common distribution and
manufacturing uses. These regulations are contained within Kent's Zoning Code
and include siting restrictions and development conditions to which all such
hazardous material and waste related uses must adhere.
In addition to specific regulations, the Zoning Code includes requirements related to
the permit process required for hazardous substance land uses. In Kent's industrial
and more intense commercial zones, uses that accumulate more than 20-40 drums
of hazardous substance on a site are subject to the conditional use permit (CUP)
process. The CUP process includes an extensive public notification process as well
as a public hearing that require significant resources of both applicants and City
staff. Kent's current permitting requirements state that all hazardous substance
permit applications over the threshold be processed similarly. Accordingly, many
180
manufacturing and distribution operations in the Kent Valley have been subject to
the same CUP process that would be required for a major hazardous waste facility.
As more sophisticated environmental and safety regulations have been developed,
review under the CUP process has become less relevant to common storage and
manufacturing uses.
OPTIONS AND RECOMMENDATION: Staff is working to identify opportunities for
efficiency in this review process that will not diminish the City's ability to protect
public health, safety and welfare.
BT/MG/pm S:\Permit\Plan\ZONECODEAM END\2008\ZCA-2008-1 HazSubLdUseFac\102708_LUPBWkshpMemo.doc
cc: Fred Satterstrom,AICP,CD Director
Charlene Anderson,AICP,Planning Manager
Project File
LUPB Workshop 10/27/08
ZCA-2008-1 Hazardous Substance Ld Use Facilities
Page 2 of 2
COMMUNITY DEVELOPMENT 181
Fred N. Satterstrom, AICP, Director
PLANNING SERVICES
Charlene Anderson, AICP, Manager
KENT
W AS HI N G T 0 N Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
October 20, 2008
TO: Chair Jon Johnson and Land Use and Planning Board Members
FROM: Beth Tan, Environmental Engineer
RE: Kent City Code 14.09 Flood Hazard Regulations
For Workshop of October 27, 2008
SUMMARY: The City of Kent is working on an application to meet requirements
within the US Federal Emergency Management Agency (FEMA) - National Flood
Insurance Program (NFIP) to ensure the City has the ability to receive emergency
funding to repair damages caused by a natural flood disaster. The requirements will
also meet standards set to participate within the Community Rating System
Program (CRS) governed by FEMA.
BACKGROUND: City staff has worked to ensure Kent City Code 14.09 meets
with standard language provided by federal and state agencies to participate in the
NFIP. A number of minor items within the existing 14.09, from definitions to
additional wording, were included in a letter of correction sent by the state
representative of Floodplain Management from WA Department of Ecology.
City staff is also recommending three additional changes to KCC 14.09. These
include, one, the addition of 14.09.175, compensatory storage, second, a proposal
to change the requirement of finish floor elevations to be a minimum of two (2) feet
above the base flood elevation, and third, to adopt the King County River and
Floodplain Management division map dated March 2008 or the latest FIRM to be
issued by FEMA as best available science.
In September 2007, FEMA provided a preliminary digital Flood Insurance Rate Map
(P-DFIRM) to replace the map panels dated 1995. Congress reaffirmed enforcement
of a law stating that if levees were not certified by a federal agency the river
system must be mapped showing the location of the floodplain as if there were no
levees. This significantly changed the floodplain of the Green River. The City
disagreed with the methodology of the P-DFIRM and worked with King County and
other lower Green River jurisdictions to create a map to use in an appeal process.
Due to the appeal moving forward and FEMA's requirement to use "best available
science", City staff is recommending implementation of the appeal maps at this
time. The City staff is also requesting the Board to provide input and discuss the
proposed changes to Kent City Code 14.09, Flood Hazard Regulations. Staff will
present a detailed evaluation of the proposed code adjustments at the workshop.
CA/BT/CB/pm S:\Permit�Plan�CCMP PLAN AMENDMENTS\2008�KCC14-09_FloodHazRegs\LUPB�102708_WkshpMemo.doc
cc: Fred N Satterstrom,AICP, CD Director
Charlene Anderson,AICP, Planning Manager
Mike Mactutis, P.E., Environmental Engineering Manager
Beth Tan, P.E., Environmental Engineer
Project File