HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 11/24/2008 (4) 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
AGENDA
LAND USE & PLANNING BOARD
HEARING
NOVEMBER 24, 2008
7:00 P.M.
LUPB MEMBERS: CITY STAFF
Jon Johnson, Chair Charlene Anderson, AICP, Planning Mgr
Dana Ralph, Vice Chair Sharon Clamp, Planner
Steve Dowell Matt Gilbert, Principal Planner
Alan Gray Kim Adams Pratt, Asst City Attorney
Aleanna Kondelis Pamela Mottram, Admin Secretary
Jack Ottini
Barbara Phillips
This is to notify you that the Land Use and Planning Board will hold a Public
Hearing on MONDAY, NOVEMBER 24, 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 all interested persons may have an opportunity to speak.
Any person wishing to submit oral or written comments on these proposed
amendments 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 October 27, 2008 Meeting
4. Added Items to Agenda
5. Communications
6. Notice of Upcoming Meetings
7. PUBLIC HEARING:
1. SCA-2007-1 Subdivision Code Amendment (Phase I) (Sharon Clamp)
Consideration for extending the expiration time periods for short plats.
2. SCA-2007-1 Subdivision Code Amendment (Phase II) (Sharon Clamp)
Consideration of updates to Kent's Subdivision Code.
3. ZCA-2008-1 Hazardous Substance Land Use Facilities
Zoning Code Amendment (Matt Gilbert)
Consideration of permit process requirements associated with hazardous
substance land use facilities.
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 copies 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: htW://www.ci.kent.wa.us/plannin-g/landuseplanningboard.
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LAND USE & PLANNING BOARD MINUTES
OCTOBER 27, 2008
BOARD MEMBERS PRESENT:
Chair Jon Johnson, Vice-Chair Dana Ralph, Steve Dowell, Alan Gray, Aleanna
Kondelis, Jack Ottini, Barbara Phillips
STAFF MEMBERS PRESENT: Charlene Anderson, Matt Gilbert, Sharon Clamp,
Lydia Moorehead, Pamela Mottram
Approval of Minutes
Ottini MOVED and Gray SECONDED a Motion to APPROVE the Minutes of September
22, 2008. Motion PASSED 7-0.
Added Items, Communications, Notice of Upcoming Meetings
None
#SCA-2007-1 Short Plat Expirations-Subdivision Code Amendment
Planner Sharon Clamp stated that staff discussed a proposal to extend the
expiration period for preliminary short plat approvals at the October 13t" Land Use
and Planning Board (LUPB) workshop.
Clamp stated that Kent City Code allows an applicant one year for completion and
recording of final short plat approvals, with an additional one year extension as
needed. Clamp stated that staff has found that in the majority of cases, two years
are sufficient to submit and obtain approval of Civil Construction Permits (CCP)
while coordinating with outside agencies such as other water and sewer districts;
and Puget Sound Energy.
Clamp stated once CCP approval has been granted, the applicant must complete
site improvements, complete the final short plat application and submit it for review
and approval. Clamp stated that staff has concluded that the average timeline for
these processes is fourteen months. Clamp stated that applicants are indicating to
staff that their financing and bonding requirements present huge time constraints
due to the current economic climate.
Clamp stated that State law requires cities and counties to adopt their own
regulations and procedures regarding short plats. Other jurisdictions' timelines run
from two to five years. Kent staff proposes a three-year timeline with no
extensions; each application would then not have to be evaluated on an individual
basis in order to obtain an extension.
Clamp stated that based on Law's advisement the following scenarios could be
considered. 1) Retroactively extend the application timelines for those applications
with valid preliminary approval, which have not reached their expiration date.
Clamp stated that the ordinance shall be clearly written as to intent. As long as a
substantive or vested right is not impacted, Council can adopt that option. A short
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October 27, 2008
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plat is vested at the time a complete application is accepted by the City. To extend
the timeline to finalize and record the short plat would not impact that vested right.
Clamp stated that the second issue deals with those applications that have recently
expired because of the applicant's inability to obtain bonds and financing due to the
current economic climate.
In order to reinstate those expired applications, Law has advised staff that an
ordinance would need to be written that includes specific criteria such as; "the
applicant has received construction permit approval, his final plat permit has been
submitted, reviewed and approved by the city, fees have been paid". Staff found
that this was the case with some applications, whereby, after having gone through
the processes, recording did not occur due to the current bonding issues.
Referring to the staff report, Clamp stated that the first option (A) for consideration
would extend the timeline to three years and would be implemented from the
effective date of the ordinance. Clamp stated that everyone who received
preliminary short plat approval on or after that date would have three years to
record.
Clamp stated that the second option (B) would extend the timeline to three years in
addition to retroactively granting that extension to those that still have valid
preliminary approvals. The third option (C) would consist of Option 1 and 2 plus
the development of specific criteria for reinstating some of the expired applications.
Clamp stated that staff recommends Option A as it is concise with a clear transition
from the old to the new rule.
Kondelis recused herself from further discussion due to conflict of interest.
Clamp submitted comments received from Paul Morrow with DMP Inc. for the
record, documented as Exhibit 1, indicating support for extending short plat
timelines.
Assistant City Attorney Kim Adams Pratt stated that Council may adopt a
retroactive ordinance. However, staff would have to clearly indicate why this is
being done and the type of applications staff is trying to affect after the fact.
Pratt stated that though unusual, an application could be reinstated. An ordinance
would need to be drafted, whereby the language clearly states why extraordinary
measures needed to be taken to reinstate an application. Pratt stated that you
have two competing interests; the rights of the developers who applied and vested,
then found themselves unable to finish in two years. Then you have some short
plats (for example) that have vested to old residential standards and if reinstated
would have to vest to the new standards.
Clamp stated that approximately 13 applications have expired since January 1,
2008, with three of those due to bonding issues.
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Chair Johnson opened the Public Hearing.
Tom Sharp, Post Office Box 918, Maple Valley, 98038 stated that this is an
opportunity to consider a standardized timeline for both short and long plats. He
stated that the same ordinances would apply to both short or long plats and feels
that an expiration time period of 60 months is appropriate. Sharp stated that
Option A or C would be acceptable to him with some wordsmithing.
Jason Cole, 850 Orbitz Road, Auburn, WA 98092 stated that people are finding that
without the bond process in play, that time will run out before all the improvements
can be completed. The entire process is difficult to accomplish within a two-year
time frame. He stated that his plat expired after having completed the process due
to bonding issues. Cole stated that the city needs to extend the timelines which will
benefit the city and developers that are in play. He urged the city to consider
retroactivity as a viable option as well.
Garrett Huffman, 3351 116t" Avenue SE, Bellevue, WA 98004 stated that he
represents the Master Builders Association (MBA) who prefers Option C as it best
captures all the issues that need to be addressed. He stated that it is likely a bank
would be more receptive to extending loans, if the city were to provide more
flexibility by extending the timelines and by considering retroactivity.
Huffman stated that he doesn't see the market picking up until 2010, estimating
that between 25 to 50 percent of the builders and developers will be gone before
the market improves.
Huffman stated that he would prefer a longer extension time period beyond the 3
years such as 48 to 60 months. However, he urged the Board to vote on Option C,
so as to capture all the projects rather than just the "3" projects expired due to
bonding issues. He stated that the MBA will appreciate whatever the city can do to
help them.
Gary Gill, Project Manager, DMP Engineering, 726 Auburn Way N, Auburn, WA
98002 stated that several of their clients' projects have expired within the last
several months with several due to expire early next year. All these projects have
been faced with the inability to acquire bonding.
Gill stated that many of these projects are by small individual property owners who
have poured much of their life savings into these projects and are devastated by
the fact now that everything is going to collapse and they will lose all that
investment that they put into the projects over the last several years.
Gill stated that project development is more complicated today, as many of them
involve permits from the Department of Ecology or the Corp of Engineers, the need
to coordinate with adjacent property owners for easements, mitigating wetlands,
and sensitive areas. Gill stated that DMP favors Option 3.
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Gill concurred with Mr. Sharp in that there should not be any differentiation
between short and long plats time expiration timelines. Gill stated that an
extension period of 48 or 60 months would be preferred.
Gill stated that the city should develop some reasonable criteria for those cases that
met all the City's requirements with the exception of the final financing package, to
allow them to be retroactive.
Gill opined that the 150% bonding requirement should be reduced to 100% given
the current financial situation and difficulty in obtaining bonds. He stated that a
100% bond should be adequate to protect the public and the city, and to ensure
that the conditions of approval are completed.
Hans Korve, DMP Engineering, 726 Auburn Way N, Auburn, WA stated that part of
the city's responsibility, aside from public safety, is protection of businesses; paying
taxes, and keeping local businesses alive such as DMP. Korve stated that DMP is
faced with projects where people were pulling equity from their homes, and then
the banks froze the equity in their properties.
Korve asked the Board to consider Option 3, to include retroactivity with strict
controls. He stated that he agrees with the City Attorney that limitations need to
be in place.
Seeing no further speakers, Ralph MOVED and Gray SECONDED a Motion to Close
the Public Hearing. Motion Carried 7-0.
After deliberations, the Board members concurred on extending the expiration time
periods. They asked that this item be tabled and brought back to the LUPB at
another workshop.
Dowell requested staff to obtain further information concerning correct wording for
the exceptions; bonding, finance, and what Legal would consider as good
reasoning.
The Board asked that staff provide them with information concerning retroactivity,
renewal of expired applications, applying the same expiration extensions for both
short and long plats, implementing a longer expiration extension from 36 to 60
months, and where the rationale originated from for the 150% bonding
requirements.
Planning Manager Charlene Anderson stated that the Washington Administrative
Code (WAC), has a provision for expiration of long plats (10 plats or greater) but
not for short plats. The long plats expire after five years and can be granted a one-
year extension as well.
Ottini MOVED and Gray SECONDED a Motion to accept the comment letter from
Paul Morrow with DMP and submitted by Sharon Clamp for the record. Motion
Carried 7-0.
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Anderson stated that the bonding issue might be more appropriate to discuss
during the General Subdivision Code Update.
Dowell MOVED and Ralph SECONDED a Motion to Table this item and bring it back
for discussion to workshop in November. Motion Carried 7-0.
Adjournment
Ralph MOVED and Gray SECONDED a Motion to Adjourn the Meeting. Motion
CARRIED 7-0. Johnson adjourned the meeting at 8:00 p.m.
Charlene Anderson, AICP, Planning Manager
Secretary of the Board
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COMMUNITY DEVELOPMENT
Fred N. Satterstrom, AICP, Director
PLANNING SERVICES
Charlene Anderson, AICP, Manager
KENT
wA5 HINOTON Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
November 17, 2008
TO: Chair Jon Johnson and Land Use and Planning Board Members
FROM: Sharon Clamp, Planner
RE: Subdivision Code Update - Phases I and II
SCA-2007-1/KIVA #RPP6-2074360
Staff Report for the November 24, 2008 LUPB Hearing
SUMMARY: The proposed update to the subdivision code generally includes
consolidation of sections/reduction of redundancy, removal of standards that are
contained in other adopted regulatory documents, update of application submittal
requirements, consistency with State regulations, and extension of the expiration
period for short plats. The Board considered changing expiration periods for
preliminary short subdivision approvals at a workshop on October 13, 2008, a
public hearing on October 27, 2008 and a second workshop on November 10, 2008.
The Board also considered an administrative update to the full subdivision code at
the October 27, 2008 workshop. Public comment during the October 27th public
hearing questioned the required percentage of the bond for improvements, and
staff included discussion of the bonding issue at the November loth workshop. At
the November 24th public hearing, staff may propose amendment of the subdivision
code sections related to bonding for improvements.
BACKGROUND:
1. Expiration Periods for Preliminary Short Subdivision Approvals
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
timeframe for applicants to obtain the required approval of engineering plans,
construct required improvements or obtain a bond for the improvements, complete
the final plat process and record the short plat with King County. As a result,
preliminary short plat approvals may 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
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property owners. This coordination further challenges the feasibility of meeting the
City's two-year time limitation. Most recently with the current economic climate,
owners are having difficulty obtaining the financing and bonding that are part of
every short plat. While establishing deadlines ensures 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 that the established deadlines provide adequate balancing of 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 timeframes for expiration; therefore, cities and counties are required to adopt
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.
At the October 27, 2008 public hearing the Board received testimony stating that
short subdivisions and subdivisions can be equally complex and should be granted
equal time. Washington State law allows five years with a one year extension to
record a subdivision (10 or more lots). Following the hearing, Planning staff
gathered statistics for short subdivisions and subdivisions recorded during 2007 and
2008 and found the following:
Average recording time Median recording time
Type and number of preliminary approval to preliminary approval
applications recorded recordation. to recordation.
2007 short plats 13 19 months 18 months
2007 subdivisions 12 21 months 21 months
2008 short plats (12) 24 months 24 months
2008 subdivisions 2 27 months 27 months
In addition, staff found that 36 subdivisions have been recorded from 2000-2008
with an average time from preliminary subdivision approval to recordation of 23
months. The shortest time period was 13 months and the longest was 44 months.
There were only six subdivisions that took 30 months or more to record. These
numbers indicate that the majority of subdivisions are completed within 23 months
rather than the 60 months plus a 12 month extension that they are allowed by
code. In many cases, three years would have been enough time for the majority of
subdivisions to record.
Taking the above into consideration, staff feels that granting short subdivisions one
additional year to record (three years from preliminary short subdivision approval)
is reasonable considering that small developers do not have the same resources
that larger builders have.
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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 for what reasons
and the ordinance does not impact a substantive or vested right. Short
subdivision 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 subdivision preliminary approvals that
have already expired when the ordinance is passed. The city's Law
Department has advised that if the City Council wishes to renew/reinstate a
preliminary approval 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.
When considering a code amendment to include a retroactive extension or
reinstatement, the Board should consider that a retroactive extension would allow
non-conforming developments to be constructed farther into the future. This
extension would create more development which is contrary to what the City
Council wishes to take place in the City as is evidenced by the adoption of new
residential development standards which took effect in April of 2007. These new
development standards require landscape buffers, additional tree retention and
architectural features such as building and roof modulation, window trim and
diminished garages. The short subdivision applications which would benefit from a
retroactive extension or reinstatement are vested to standards which do not require
the aforementioned development standards. At the November 10, 2008 workshop
Planning staff presented the Board with the following:
1. Between December 2008 and June 2009, ten short subdivisions representing
45 total lots are due to reach their two year expiration. These applicants
would benefit from Option B.
2. Three short subdivisions representing 20 total lots expired since August 2008
and may qualify for a retroactive reinstatement and extension if approved by
the Council. These applicants may benefit from Option C.
2. Background on Full Subdivision Code Update
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
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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
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 list specific standards and regulations
within the subdivision code. This ensures 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 to ensure that the final short plat map complies with State
Survey requirements.
5. Requirements for installation of improvements or bonding in lieu of
improvements - Sections 12.04.205.D, 12.04.515.D, and 12.04.715.D KCC state
that no plat or short plat shall be recorded until all improvements are constructed in
a satisfactory manner and approved by responsible departments or a bond
approved by the city has been posted for deferred improvements. At the November
10, 2008 workshop staff introduced a proposal to eliminate the option to bond for
deferred improvements. Public Works Development Manager Mike Gillespie
explained to the Board that often applicants get part way through the plat
construction process then want to defer completion by posting a bond for 150% of
the estimated cost of the remaining required improvements. It is difficult for the
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City to obtain full compliance once a bond is posted, and a tremendous amount of
staff time is expended getting applicants to complete required construction
improvements. Furthermore, the City may become engaged in difficult negotiations
with applicants (who may be an unrelated and innocent third party) to release
permits for construction of the individual homes before final construction
improvements have been made and accepted by the City. The City experiences
these difficulties in both good and bad economic times. The bonding option is
allowed by some neighboring cities and not others. For example, King County
allows bonding but Federal Way requires substantial completion of construction
prior to recordation. At the public hearing staff may provide proposals to amend
the subdivision code to address the City's concerns regarding completion of
construction after a project has bonded and recorded.
The SEPA Responsible Official has determined that the proposed code amendments
are procedural in nature and further SEPA analysis is not required.
OPTIONS AND RECOMMENDATION: Staff has developed three options
regarding extending short subdivision timelines for recordation:
Option A - Short subdivision preliminary plat approval shall lapse three, four or
five 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.
NOTE: The five-year option would be dissimilar from preliminary plats in that it
would not allow the one-year extension.
Option B - Short subdivision preliminary plat approval shall lapse three, four or
five 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. In
addition, as of (the effective date of this ordinance) all current preliminary short
subdivision approvals which have not yet reached the end of the two year time limit
for recordation shall be extended one, two or three year(s). NOTE: The five-year
option for lapsing would be dissimilar from preliminary plats in that it would not
allow the one-year extension.
Option C - Short subdivision preliminary plat approval shall lapse three, four or
five 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. As of
(the effective date of this ordinance) all current preliminary short subdivision
approvals which have not yet reached the end of the two year time limit for
recordation shall be extended one, two or three year(s). Applicants of short
subdivision preliminary approvals which expired no earlier than (insert date that
would provide for the authorized expiration time from date of the short subdivision
preliminary approval) may request to be reinstated and the preliminary short
subdivision approval extended one, two or three additional year(s) from the date of
the original expiration if all of the following criteria are met:
1. A civil construction permit application for the project has been reviewed and
approved by the city.
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2. A final short plat application has been reviewed and approved by the city,
signed mylars and an Autocad disk have been received by the city, and all
fees, including the parks fee-in-lieu of dedication have been paid the city.
3. The applicant has provided the city documentation from a bonding company
that demonstrates that the company was unable to issue a bond.
4. A written request is received by the city within 30 days from the effective
date of the ordinance.
NOTE: The five-year option for lapsing would be dissimilar from preliminary plats in
that it would not allow the one-year extension.
RECOMMENDATIONS
1. Expiration Periods for Preliminary Short Subdivision Approvals - staff
recommends Option B. Due to ongoing difficulties applicants experience to
record short plats within the two year (one year plus one year extension)
timeframe and given the number of preliminary short subdivision approvals that
expire, it is reasonable and fair to extend the recording timeline to three years
without extensions and furthermore to apply that timeline extension to those
applicants currently holding an unexpired preliminary short subdivision approval.
2. Update of the subdivision code as presented by staff, including bonding option
that may be presented at the public hearing.
Staff will be available at the public hearing to answer any questions.
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Revision\LUPB\112408Hrg_SubdivisionCodeUpdateStaffRpt.doc
cc: Fred Satterstrom, AICP, CD Director
Charlene Anderson, AICP, Planning Manager
Project File
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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. let
which is part ef a subdivisien reCeFded in the effiee 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, Weeks, 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
9
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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. 12.95KCC 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 cempleteness.
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 to 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 cernplete 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 depaFtment office.
(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 in compliance with KCC
12.01.100 and 12.01.110. 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 and 12.01.110.
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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47
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 impact fees shall be
allowed that constitutes an unconstitutional taking ef private PFepeFty. The eity
(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 subdm 0sien eemmottee has taken affor,., at;ve
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, stormwater facilities and conveyance systems, streets,
alleys, public ways, water, sanitary wastes, parks, playgrounds, sites for schools
and school grounds, and those conditions imposed by King County need not
comply with the requirements of KCC Title 15, Zoning, or the 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 bending in lieu of
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
necessaryrequired. The applicant is also responsible for complying with all
permit requirements of other federal, state and local agencies.
****NOTE: Staff may propose additional amendments to Sections D
and E, below, at the 11/24 public hearing.****
D. No type I 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 departmcn}cservices stating the reasons why such
delay is necessary. If the deferment is approved, the developer shall furnish a
peFfOffnanee 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+recte-rmanager, 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
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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
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.
****NOTE: Staff may propose additional amendments to Sections D
and E, above, at the 11/24 public hearing.****
F. The public works department shall notify th-e-planning depaFtment
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. Tie—pPlanning depaFtment
services shall notify the developer advising him to proceed with recordation of
the short subdivision 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 sit-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.
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AB. The she~} sub d.vism n 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) inch representing ene hundred (100) feet en sheets eighteert
(18) by twenty two (22) inches unless etheFWise appFeved by the public werks-
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 subdivisien, graphic scale
and true north peintj
2. Show the lecatien ef all existing fences and StFUCtUres in relation te lot lines
3. Shew the lecatien of utilities, streets and easements within or abutting short
4. Display the lines ef all streets and reads, alley lines, lot lines, lot and blecks
numbered on numerical E)rdeF, FeseFvatiens, easements, and any areas to be
dedicated te public use, with notes stating their purpese and any lingitatiensi
S. Centamn data Sufficient to determine readily and Fepreduce en the gFeUnd the
location, bearing, and length of every Street, easement line, lot line, beundaFy
line and hle k 'One o itej
6. include domensions to the nearest one hundredth ef a feet and angles and
bearings on degrees, Fninutes and secondsi
7. include Lambert ceerdinates te the nearest five (5) secends, E)F as F e q F e
by MOFe stringent state regulatiensf of pFevided by the department ef public
WE)FI(S fE)F permanent centFel menungents on the final plat as determined by the
8. if applicablef display a'' interior permanent centFel menuments located as
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StFeets, alleys and ,
!I. Centamn a metes and beunds legal deSEFoptloon en the face of the final plat
mylar which reflects all toes te subdivismen lines, denatien claim lines and/er
recorded plat lines. The plat shall be accen9panied by a CLIFFent plat eeFtificat-e
w the mdentmeal metes and beunds legal deSEFiptien of the land to be
plat within such sectien eF sections. The plat and sectien suFvey shall be
ef the plat shal' accompany this data. The allewable eFFeF ef CleSUFe shall not
pfat—I
,
15. Be signed by the ewneF of the PFOpeFty en the face ef each final plat ,
deed ef tFUSt, OF etheF heldeF ef beneficial title to the PFOpeFty 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 evvneFship
nteFest" shall include legal and equitable pFepeFty inteFests, including, but net,
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C-B. In addition to other requirements as specified in this section, the final plat
shall contain or be accompanied by the following:
1. Gertmfocatien showing that streets, rights ef way and all sites fOF publie use
have been PFOperly dedieateE[7
2. Gertmfocatmen by a licensed land SUFveYOF that a survey has been made and
that monuments and stakes •,lQe set�T
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§. 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
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the metes and bounds 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;
6,6. 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 short 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 sheFt subdivisien cemmittee, the King County
asseSSOF and the King COUnty FeeordeF must be PFeVided en the final Mylar.
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.
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F€. The final plat must be submitted to Oie-planning services for
review as to compliance with all terms of the preliminary approval€
terms of bonding or the completion of all
improvements; and completeness and accuracy of survey data and platting
requirements.
G . T-ieA 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 shert subdivisien final plat or short plat shall be filed for record
0n the effic^ of with th-e-King County errand 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 mylar shall be filed
ith t..e 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 ene (1) year of the date ef preliminary
plat appreval, the short subdivisien plat shall be nun! and veid. Upen writteri
request ef the subdivider, the planning department may grant ene (1) extension
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of not Fnere than ene (1) year. Such request must be Feeeived by the planning
(Ord. No. 1840; Ord. No. 3443, § 1, 2-16-99; Ord. No. 3511, § 3, 5-16-00.
Formerly § 12.04.280)
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, and meeting all of the requirements of this chapter and RCW 58.17, is
submitted to the City Council for approval 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.
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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, § 3, 5-16-00. Formerly § 12.04.390)
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,E 3, 5-16-00I
12.04.2275 Procedure for alteration of a type- 1subdivision or short
subdivision.
A. If an applicant wishes to alter a 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 subdivisien to be altered.
B. The planning manager shall have the authority to determine whether the
proposed alteration constitutes a minor or major alteration. Major alterations
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are those which substantially change the basic design, density, open space, or
other similar requirements or provisions.
8C. If the subdivision or short subdivision is subject to restrictive covenants
which were filed at the time of the approval of the—s di s;en, 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 apportion thereof.
GD. If the alteration is requested to , sheFt bdivisien prior to final plat review
and signature, a minor alteration may be approved with consent of the planning
diFeeteFinanager 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. P e .Elanning 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 pla-t--subdivision application. The planning d;Teeter manager shall have
the authority to determine whether the proposed alteration constitutes a minor
or major alteration pursuant to section 12.04.227.6.
DE. If the alteration is requested to a short bdiyisier 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, thme—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.
€F. If the alteration is requested to a sheFt S„b,.ivisien 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 dn^�Finanager determines that the proposed
alteration is a major alteration, pursuant to section 12.04.227.13, then the
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planning direCtaFinanager 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.
G. The short sLAb o s;e19 CE)R9Fnmttee—city shall determine the public use and
interest in the proposed alteration and may deny or approve the application for
alteration. If any land within the alteration is part of an assessment district, any
outstanding assessments shall be equitably divided and levied against the
remaining lots, parcels, or tracts, or be levied equitably on the lots resulting
from the alteration. If any land within the alteration contains a dedication to the
general use of persons residing within the subdivision, such land may be altered
and divided equitably between adjacent properties.
GH. After approval of the alteration, the city, ahr�����shall
order the applicant to produce a revised drawing of the approved alteration of
the subdivision or short subdivision, which after signature ^F the chaiF of the
short subdovosmen c the final plat shall be filed with t-heKing County
to become the lawful plat of the property.
HI. 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 or short
subdivision or any portion thereof, that person shall file an application for
vacation with the—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,rt subdioisen, and the
application for vacation would result in the—a violation of a covenant, the
application shall contain an agreement signed by all parties subject to the
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covenants providing that the parties agree to terminate or alter the relevant
covenants to accomplish the purpose of the vacation of the subdivision or short
subdivision or portion thereof.
C. When the vacation application is specifically for a city street or road, the
procedures for street vacation in Ch. 6.0 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.
D. Th-eP-Planning services shall give notice to all owners of property
within the subdivision or short subdivision, and-all 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 the--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
vacationefi the-short subdivm . If any portion of the land contained in the
short bdiyisien 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
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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
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 worksl
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(s)
streets or other adjacent activity centers.
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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.
cempatible as possible with the ecological balance ef the aFea. Goals aFe to
te pFeseFve tFees and natUFal vegetatmen. This is beneficial to the city in
subdovideF on CFeating an attractive and quality enVOFOnment. Land which is
feund te be unsUotable fOF subdivismen ineludes land with features likely to be
haFMfHl te the safety and geneFal health ef the future residents sueh as land
adveFsely affected by fleeding, bad drainage, steep slepes, OF FeCk A. it is the purpose of this section te pFevide fer the pFetectmen ef valuable,
Land which the city eeuncol censideFS inappFepriate for subdivision shall not be
subdmvmded unless adequate methods are pFeVided as safeguards against these
subdmvmsmen shall have the WFmtten approval of the State DepaFtment of Ecelogy
befere the city ceuncol shall heaF the final plat. EveFy reasonable effOFt shall be
Fade to preserve existing trees. Ever , effort _hall be Fnade t p --r - - existing
StFeangsi i i
and begs. if a stream passes thMugh any of
the subject pFeperty, a plan shall be presented which indicates how the streang
will be pFeseFved. Methodology should include an eveFflew aFea, and an attempt
er tunneling ef water shall be doSCOUFaged and allewed only when geing unde
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plan feF the replatting, subdivision, eF dedicatmen ef any areas shall be approved
by the city council unless the streets shewn therein aFe cenneeted 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
existing OF PFE)pesed public highways, majOF E)F secendaFy aFteFials shall be held
}e
C. The alignment of all StFeets shall be Feviewed and appFeved by the pubk
appreved by the public WeFl(s depaFtment, in censultatmen with the planning
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 gFadmng peFmmt shall b-e
iequiied as peF the intefflatmenal Building Code, the intefflatmenal 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.
S. WheFe a deflection angle ef MeFe than ten (10) degFees on the alignment ef a
sixty (60) feet eF MeFe in width, the centeFline radmus ef CUFvatUFe shall be no
less than thFee hundFed (300) feet and en etheF StFeets it shall be net less than-
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length ef two hUndFed (200) feet unless specified otheFWmse by the publie WeFkS
7. All StFeets shall be platted at full width. All StFeet in9prevengents shall be Of
full width Full width shall consist Of the fE)I!eWong:
a. All streets, Feads, and alleys shall be gFaded to themF fUll width and the
b. All StFeet and alley SLIFfaces shall be ef asphalt cenEFete aeCOFdong to city
d. All StFeets shall have SteFI99 dFamns censisting ef the pFepeF size pipe and catch
basins eF epen ditch which is te be deteFR9ined at the tome ef the public heaF"-g
be installed except affess an authOFmzed dFmvewa�-
have sidewalks, with a nginingung ef five (5) feet width on at least ene (1) side.
f. All StFeets shall have StFeet lighting lecated and installed on acceFdance wmtl!l
the standaFds of the public WeFl(s depaFtngent as follows:
Street Type Maximum Lighting He-4
Re5-Fde n w a feet
G 'tea' de s a e 1 feel,
StFeet light heights and spacing shall censideF the canopy and Feet systeFff
g. StFeets which may be extended On the event ef fUtUFe adjacent platting may
than an average let shall be improved with tengpeFaFy tUFnaFeunds. Deducati
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Be net less than five (5) feet in width-7
Be lecated between CUFbs and sidewalks, except on cul de sac StFeets;
by the public WeFl(s h. Planting StFOPS aFe FeqUiFed on Fesidential subdivisions and shall:
in cOnsultatien with the planning seFvmees effice
i
leaves, asseematien. Maintenance includes wateFing, FeMeval Of fallen
fallen bFanches,
and fFUmt debFiS. Maintenance does net include sucli
thongs as i tFiR9FAing, i Femeval of dead eF dying trees,
of
nseet and dosease ntFOI
i
as defined On the CeMpFehensive plaig--,
must be adheFed to Of full pavement OS FeqUiFed:
Standards Street DesiRight
(feet) (feet)
Principal ArteFial
�GpO S
.-M'ne Ate r',I TQ
Renodentmal Arterual 56 36
Resmdcntm lcral Street 49 2-8
r��Ira' de Sa-e 4-5 2-&
Where full pavement OS nOt FeqUiFed, the right ef way widths shall remain the
same for the type ef StFeet defined On the CeMpFehensive plan. The imprevemen
may consist of twe (2) eleven (11) feet driving lanes and twe (2) eight (8) f
sheulders and twe (2) six (6) feet drainage sectiens and twe (2) five (5) feet,
petential sidewalk sections.
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may be made fOF Feservation E)f the right of way er fer easements to the City fer
tram! purpeses.
12.04.243 Traffic Calming.
A.B-. 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.
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 may seFve net MOFe thaI9 none (9) lets. These
StFeets shall have asphaltic OF 6E)nCFete SUFface. The n9inimum paving width fe
' limited residential access st-Feeis shall be twenty (20) feet.
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wide sidewalk shall be PFOVided on one (1) side of the StFeet, as a
feUF (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 readway 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
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 bdivisien 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)
1:2.04.240 installation of utilities.
A. All utilities designed to seFve the subdivisien shall be placed undeFgFeund.
These utilities to be located in the planting strop shall be placed On such a
manner and depth te permit the planting ef trees. These utilities te be lecated
beneath paved SUFfaces shall be installed, including all seFVice cennectiens, a-s
B. Unless septic tanks are specifically appFeved by the city, sanitary sewers shall
be PFeVided at ne cest te the city and designed in aCCOFdance with city
star. s.
C. An adequate drainage system shal! be previded fer the PFeper dFainage of all
SUFface water. Gress drains shall be provided te accemmedate all natural water
flew and shall be of sufficient length te permit full width readway and requir
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trees,feFmula, but in no case shall be less than twelve (12) inches.
D. The wateF diStFibutien system including the locations ef fiFe hydFants shall be
designed and aCCOFdanee with city standaFds as defined by
adequately sized aFeas feF public seFvice usage. Easements may be FeqUiFed fer
the maintenance and epeFatien ef utilities as specified by the
/ histerical / and similar cemmunity assets which,
preserved, will add attractiveness and value te the prepert�-.
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 er- 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)
12.04.255 Other
A. Alenatnents. Concrete PeFmanent CE)ntFel monuments shall be established at
be 'ecated as determined by the engineeFing depaFtment. All surveys shall be ef
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etheF 'Ot CeFneFS shall be FnaF!(ed with suitable meta' er weed maFl(eFS.
B. Street signs. The subdivideF shall FeimbUFse the city en the cest ef 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 subdivisien.
te pFetect the unique enV 0 Fonment and te deal with additional dFainage and
-1051 n pFeblems pFesent in such aFeas. The fellewing standards shall apply te
12.04.255(A) and (B) which shall apply unless specifically excepted:
shall be pFesented on eFdeF te deteFmine Of the subdivision can be safely
2. Detailed plans feF any pFepesed cut and foil opeFatmens shall be submitted.
These plans shall include the angle of slepe, centeUFS, cempactien, and Fetaining
3. StFeets may have a gFade exceeding fifteen (15) peFeent and StFeet widths
may be less than these FeqHiFed in KCC 12.04.235(C)(6) and (C)(7)(a) Of it
feund that traffic geneFated will be less than On a nenhillside subdivismen.
4. Lots may be FeqUiFed to be IaFgeF than minimum let sizes FequiFed by KCC
Title 15, Zening. Generally, lets On steepeF areas ef the subdivismen sheuld be
largeF than these On less steep aFeas ef the subdi'ViSi--n.
second degFee aCCUFacy. The use of state plane COOFdinates is enCeUFaged. All
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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 fellewing standards shall apply to zero lot
line subdivisions unless specifically modified in the conditions of preliminary
approval.:
a. Publie streets. in certain aFeas, due te existing eF planned circulatien
systerns1. Streets; eurbs and sidewalks.
necessary,it may be necessary fe- the city to require public rights ef way te be
led w0thmn the development. When the PIFevisien ef such Fights ef way is
the
right ef waywidth, aving width, and ether standards shall be
shall be applied aleng these rights ef way.
The perimeter buffering requirement
rnaontaun. These StFeets shall have asphaltic eF cenCFete SUFface, and concrete e
asphalt curbing shall be previded aleng beth sides ef all streets except where
CUFb cuts aFe necessary fer driveways. The . U paving width fer all
cellecter streets within the zere let line develepn9ent shall be twenty feur (24)
feet. The rnonimurn paving width fer all residential access StFeets shall be twenty
(20) feet. A five (5) feet wide sidewalk shall be provided on ene (1) side of the
StFeet asseciatien and shall be theiF Fespensibility to as a min W mung. Hewever, a sidewalk is net required en limited access
StFeets seFVing two (2) or less dwellings. in additien, guest paFl(ing shall be
U led at a Fate ef 0.5 guest paFI(ing spaces peF dwelling unit beyend the
2. Installatien of utilities. All utilities designed te serve the develepment shall be
placed undeFgFE)und. Any utilities lecated On a planting StFip shall be placed �R
such a manner and depth to permit the planting of trees. These Utilities te be
lecated beneath paved surfaces shall be installed, including all service
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73
Easements may be FeqldiFed fOF the maintenance and operation of utilities
specified by the .1 I�Jll ill depaFtngeprt-.
a. Sanitary sewers. SanitaFy seweFS shall be PFOVided at ne cost to the eity and
b. Storm drainage. An adequate drainage systeng shall be PFOVided fer the
accommodate all natural wateF flew and shall be E)f sufficient length te peFMit
full width readway and required slopes. The size epenings te be PFOVided shall
be deteFfflined by Talbet's fOFMula, but On ne case shall be less than twelve (12)
e. Water system. The wateF diStFibutien system including the lecatien Of fiF-e
hydFants shall be designed and aCCeFdance with city standards as
d. Eleetr4eal heek ups. All electrical hookups shall cengply with the Natienal
IectFoeal Cede. Permits shall be obtained #teeM the State Electrical inspection
� r-
m DT�Tr
i i i i i i E)Fdi i
Gross reference(s) o let line-develop ,
12.04.263 Clustering in urban separators.
A. All subdivisions and short subdivisions in the SR-1 zoning district shall
be required to be clustered pursuant to this section when the property is located
wholly or 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
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excep 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.
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 E)f en-------.-- flexibility On site design and
preseFvatien of open 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 district
which the dusteF 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
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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 (somas StFeam-rs—and
heiF bufTeFS, significant stands of trees and rock outcropping), as well as
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 Fetained undeF ewneFship by the ewneF er subdivi 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 OF te another party upen approval of the city of 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
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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
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
exceptedexempted. 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 greatBless than twelve sixteen
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(162) 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
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 direetly 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,
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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.
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 e-r-and their associated buffers.
b. Parking areas, public rights-of-way, maneuvering areas, readsstreets, 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 -Fbuffers, significant stands of
trees; and rock outcroppings) as well as sensitive critical areas (such as
streams, steep slopes and wetlands and their associated buffers) shall be
preserved.
e. Future development of the common open space shall be prohibited. Except as
specified on recorded documents creating the common open space, all common
open space resulting from lot clustering shall not be altered or disturbed in a
manner that degrades adjacent environmentally sensitive areas, rural areas,
agricultural areas, or resource lands; impairs scenic vistas and the connectivity
between the open space provided by the clustered development and adjacent
open spaces; degrades wildlife habitat; and impairs the recreational benefits
enjoyed by the residents of the development.
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f. Ownership of such common open spaces nga} shall be Fetained by the E)vvne-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 cenveyed 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.
A. The dwv0swen of land fer industrial and cengmeFeial purposes shall cenfeffn te
. led On this sectmen.
D.
The street widths shall be as fellows:
Right Pavengen
width width
in du„-tri-.I A rter-i-19�G 6V
industrial A....es 6$ 36
G. All mndustr-mal arterial (ninety (90) feet right ef way), industr-mal eelleeters
(eighty (89) feet r-ight ef way), and eengmeremal streets (Sixty (69) feet r-ight ef
way) shall have sidewalks ef five (S) feet an width, en beth sides. All
have sidewalks a rniningum ef five (5) feet on width, en ene (1) side.
E. mire d traeks are te be installedon a ibdiyi i c h tr-ae and thei�-
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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. Blocks sheuld be not less than three hundred
tepOgFaphocal conditmens eF size ef the pFepeFty, on which case the land use
G. Lots aFe eptienal in mndLiStFoal and cemmeFEmal subdivisions. The size, shape
and eFientatmen ef lets shall meet the minimum aFea and width FeqUmFements e
the applicable zening classification and shall be appFepFmate feF the type ef
development and use centemplated. HeweveF, of lets feF individual sale E)F lease
1. insefaF as pFactical, side let lines shall be at Fight angles te StFeet lines e
2. CeFneF lets may be FeqUmFed to be platted vvmdeF than mnteFmeF lets as
deteFMoned by the planning depaFtmefft,
develepment and meet density FeqUuFements in established UFban aFeas whole
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 subdiviisiens, any ene (1) ef whieh is less than twenty (29�
aeres in size n.-1 .,hoeh has et been doyid"ed on—a shIVTt C��hdo.,osmen .otho.,
ef five (5) years shall be subjeet te the r-equirements ef this seetmen.
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B. No application fOF a sheFt subdivisien shall be appFeved if the land being
dmvmded ms held On cemmen ewneFship with a contiguous paFeel that has been
subdivmsmen of contiguous paFeels in the same owneFship is defined as
shall be peFFAitted. Such shert subdivisions must be consistent with the
1:2.04.410 Preliminary eansultation with staff.
eit
€ellews�
subdovismen lette
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smgnatUFe by the chair of the sheFt subdivision eemmitteej
6. ReceFdatmen ef the appFeved final plat in the office of the King County
depaFtngent Of FeCOFds and elections.
1:2.04.420 Subdivision in phases.
in a phased type 11 sheFt subdivisien, pFelmmmnaFy plat appFeval must be gFanted
be developed in The pFelmminaFy plat appFeva' shall be cenditmened
specify a cernpletien date feF each phase. Final plat appFeval shall be gFanted fer
each sepaFate phase ef the preliminary plat and any changes at the preliminary
1:2.04.425 Tentative short plat review.
A. Appimeatmens fer a sher-t subdivismen tentative plat meeting and review shall be
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 of the planning
d et
B. The planning department shall transmit eepies ef the shert subdivismen
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83
planning depaFtment, etheF city depaFtments which Feceive copies ef the
tentative plat, and the subdivideF. Any Fecommendations of the V,U-,,,k-.-U-.-
sheFt plat shall be Fe6OFded on WFiting and mailed te the subdivideF by the
planning depaFtment.
D. The Fecommendatiens ef the city d-epaFtments shall be based On whetheF the
tentative sheFt plat is:
C. A meeting on the tentative shOFt plat shall be held, which is attended by the
,
,
4. in CenfeFmance with building cede ,
developed inj
pFesented OF as modified in aECOFdance with the WFitten suggestmens made by
the city, the applicant shall PFOeeed te the pFeliminaFy shE)Ft subdivisien stage. if
F. if changes are made te a preliminary sheFt plat whieh has alFeady Feceived
tentative plat Fecemmendatiens and petential cenditions, the planning
plat FeqUiFes additienal tentative plat Feview. A new tentative plat Fe,v',.--,V,V'
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84
meeting Fnay be requiFed of the pFeliminary plat is not substantially similar te the
tentative plat reviewed by the city. The determination ef the necessity fef
anetheF tentative plat meeting shall be based en the fellewing censiderations:
.,
the preliMinary
plat is a Fefinement of the tentative plat, er is a cempletely new plat feF th-e
same pFepeFty)j and
2. The pFesence er absence of Fevismens present in the pFeliminary plat resulting
Fepreducible rnateFial 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)
1. The-sh e Ft subdivisien narne and numbeF, the era me and addFess ef the-ewneF,
and the narne and address ef the locensed land surveyeF and if applicable, the
aeci l scalej
.
3. The lecatien ef existing and prepesed platted preperty lines, and existing
sectien lines, streets, buildings, watereeurses, railreads, bridges, and any
reCeFded public eF pFivate utility er readway easements, beth en the land te be
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streets,4. The names, locations, widths and ether dimensions of PFOpesed
spaces, reseFvatmens and utilities;
S. The acreage of land te be subdivided; the number of letsi the area of each
let; and the approximate square footage and approximate peFeent of total
aCFeage in open spacei
6. The appFOXimate dimensions of alleys, easements, traffic ea!Ffgmng features and devices, paFl(s and etheF open
7. Hew the pFepesed subdivision will be seFved by utilities and the location of
sewer and }" lines;
8. All existing StFUCtUFes and distances fFom any existing and pFepesed let lines,
within er abutting the short subdivision within a distance of fifty (50) feet-,-
SUFveyer licensed On the } }"10. PFevisions for sidewalks, placement eF COnStFUCtien of traffic calming
features and devices, and etheF planning features that assure safe walking
cendotions for students whe walk to and fFeM school, users of public tFansit and
!I. All of the infeFmatien requested on the application feFm by the planning
d }��i�
State law reference(s) Similar PFOVOSiOnS, RCW 58.17.240, .
Ne short subdivision shall be approved unless the following pFinciples of
acceptability aFe met. The sheFt subdivision shall--.
!. CFeate legal building sites which comply with all provisions of KCc Title 15,
Zoning, and health
1:2.04.435 Principles of aeeeptabikt-j-
2. Establwsh access to a public read feF each segregated parce+j-
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4. if adjacent to anetheF municipality eF King Geunty, take inte censideFatien the
supplies, sanitaFy wastes, and otheF public utilities and seFVices, aS FeqUiFed by
Yll
cenStFUctmen of homes with diminished gaFage deers such that no less than fifty
0 n the FeaF POFtiOn ef the lot accessed via a cemmen driveway between lets, eF-a
side access gaFage, eF a gaFage accessed via a FeaF alley, eF a gaFage set ba
ne less than ten (10) feet fFeM the fFent facade of the herne, eF etheF design
appFeved by the planning manageF. Lets and Feadways shall be eenfigUFed such
that at least twe (2) of these eptiens aFe SUPPeFted in each new develepngent;-
that de net pFeVide the new lets with diFeet vehieulaF accessi and
3. Have suitable physical eharaeteFiStiCSj a pFeposed shOFt plat may be denied
3 6-07�
1:2.04.440 Determination of cempleteness.
Within twenty eight (28) calendaF days afteF Feceiving a type 11 sheFtE
subdivisien pFelinginaFy plat application, the planning depaFtngent shall ngail ef
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the letter shall identify what information iS FeqUiFed te make the applicatien
cemplete. The letteF shall alse identify, te the extent known by the City, OtheF
agencies with jUFisdietien oveF the sheFt subdivision application. if the city
deteFMines that an applicatien is not cemplete, the applicant shall have up te
ninety (90) calendaF days te submit the necessaFy infOFmatmen to the city. if the
applicant eitheF Fefuses in WFiting to submit additional infOFFnatmen OF dees net,
applicatien shall lapse because of a lack Of infOFmatmen necessaFy to cemplet-e
the Feview. Within feUFteen (14) calendaF days afteF an applicant has submitted
deteFmonatmen and shall netify the applicant in the same manneF.
depaFtment shall accept the applicatien and nete the date Of acceptance. The
deteFMinatien Of a complete applicatien and acceptance Of the applicatien by the
end Of the twenty eight (28) day cempleteneSS Fev,'.-.v I%ju.
Gross reference(s) - Ad FA Of develepngent Fegulatiens,
whoch states emtheF that the application is cemplete OF incengplete. if
the tome that a pFeliminaFy plat applicatien feF a type 11 sheFt sLAbd'v,.,'.,,,
accepted by the city Of Kent, PUFSuant to KCC
chapteF and the zening and etheF land use Fegulatiens on effect On the land a
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mailed,cempleteness, and at least fifteen (15) calendaF days prier to the sheFt,
subdovisien cemmmttee meeting date. The netice of applicatien shall be
published and posted on the same day, On the fellowing manneF:
1. The city shall publish the netice of applicati k.,, III ua InlewspapeF eef general
CiFEUlatmen wothin the city.
2. The city shall pest the netice of application en the public notice beaFd(s)
placed en the pFepeFty and shall alse post the netice of applicatien at Kent City
Hall and On the FegisteF feF Public review at the planning depaFtment effice.
3. The city shall mail the netice of application listing the date ef the shert
as shewn by the Fecords ef the county asseSSeF'S office within twe hundred
(2) aeFes which have other pFepeFties abutting them, these additienal properties
4. The city shall mail OF send the netice ef appimeatien te all agencies witli
the same pFeject at the tome eF the l FIiest complete p ct permit nIo atmer
i i
.
1:2.04.455 Referral of preliminary short subdivision appimeationv.
the planning department shall transmit ene (1) cepy ef the applicatien materials
apprepriate city departments and te any ether department er agency deemed
necessary. The application shall be transmitted at least fifteen (15) calendar
days prier te the shert subdivision cemmittee meeting.
i i
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A. The city shall mail a notice ef applicatien te all agencies with jLiFwsdwctmen ever
the sheFt subdivisien applicatmen. Such netice shall include the hour and lecatie-n-
be platted. A cepy ef the plat and applicatien materials shall be pFevided te
agenemes as deerned necessary eF of requested by the ageney-.
adjacent te eF within ene (1) mile ef the city beundaFoes eF which centernplat
the use ef King CeUnty'S eF any other Cuty'S eF tewn's utilities shall be given te
lecated adjacent te the Fight ef way ef a state highway shall be given te the
State Department ef TFanspeFtatien. Such netice shall include the hOUF and
lecatmen map. The Department ef TFanSpeFtatwen shall, within fE)LIFteen (14) days
after receiving the netice, submit te the planning department a staternent ef any
0 rifermatmen that, the department deems te be relevant abeut the effect ef th-e
prepesed shert subdivisien upen the legal access to the state highway, the
traffmc carrying capacity ef the state highway and the safety ef the users ef the
state Nghway.
A. Netmee ef the shOFt subdivismen committee meeting shall be given On th-e
at least fifteen (15) calendar- days prier- te the rneeting dat-e-.
in additmen, if the preperty te be shert subdivided abuts parcels greater- than twe
(2) acres which have ether- pFepeFtmes abutting thern, these additmenal prepertmes-
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peFsen whe Fequests such notice On writing.
3. The city shall publish the netice of applicati k.,, III ua -,ewspapeF eef general
4. The applicant shall place at least one public netice beaFd en the pFeperty te
be subdmvmded. The public netice beaFd must be placed en the pFeperty as
diFeeted by the planning depaFtment, and ne lateF than feurteen (14) days after
a determination ef completeness. The applicant R9USt Fengeve the public netiee
beard(s) fFen9 the pFepeFty within seven (7) days afteF the end ef the cengngent,
ene potential acceSS FOute, one public notice beard shall be placed en th-e
preperty adjacent to each public StFeet er potential access reute. Planning
department staff shall pest the netice ef applicatien on the public netice
beard(s) on the prepeFty and shall alse pest the netice ef applicatmeig at Ken
City Hall and in the FegisteF feF public review at the planning depaFtment effice.
shall also be ma.led a netice of applicatien. The eity shall mail er send the netie-e
2
AA A7A Pub1:e comment.
A. Affected agencies and the public sham! have a feHFteen (14) calendar day
comments Of cernngents aFe nOt Feceived within the specified time peried.
than three (3) additienal calendar days. The public n9ay make written Fespense
applicatien is mailed, posted and published. The planning depaFtngent n9us
,,ive all public cernments by 4:30 p.m. en the last day ef the cernment,
. 1. Gengments may be mailed, PeFSenally delivered er sent by facsimile.
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shall not take actmen on a sheFt subdivision application unto! afteF the comment,
pe, ied has passed,
sewage dispesal and/eF wateF supply. The applicant iS Fespensible feF submitting
and feF paying the health depaFtngent review fee.
shall be / /
/ the fire /
absenee. A designated alternate sha'! have full voting pewer On the shert plat,
/ /
12.04.485 Short subdivision preliminary plat meeting;
A public meeting attended by the applicant eF reffesentative and the shert
subdivision cemngmttee ngembers shall be held within feFty (40) days of the
the public.
/ /
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a. The public health, safety and geneFal welfaFe of the cengmunityj
eity fonds that:
,
f. ,
h. Cengmunity parks and ,
NeighbeFheed tet lets and play ,
TFansit ,
devices, and etheF planning featuFes that aSSUFe safe walking cenditions 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 sheF
subdovismen and dedicatienj and
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wetland cenditionsi slope, OF SOOI stability and/or capabilities. Genstructien of
0 mpFevements shall be neted en the final plat.
seFve the subdivision, and/OF the imposition of impact fees may be FeqUiFed as a
plat. No dedicatien, provisien ef publ'IC "MpFeV ents, eF impact fees shall be
allowed that constitutes an uncenstitutional taking ef private PFE)peFty. The City
A The d.,cosien of the short hdiyismen mmttee shall h., -,de at the sheet,
next scheduled shert subdwvmsmen cengmittee ngeeting er a date mutually agreed
B. The city shall n9ake written findings en the shert subdivi i fal criterma.
The applicant shall be netified On writing ef the deemsmen ws reached at the forst meeting. The secend meeting shall be set fer the
s decision and shall be
subdmvwsmen whuch ws on excess ef feur (4) lets shall be subject te full subdivisien
standards and shall cengply with all ef the design standard sectiens ef thus cede.
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parks,E. An applicant may request that an application en which the sheFt subdivisiOR
cemmottee has taken affiffinative actmen be reopened by the committee
feund by the planning dmFeCteF and the applicant that new has ceme
te light that might affect the actmen taken by the shE)Ft subdivisien commottee.
F. in case ef a denmal by the sheFt subdivismen committee, any appeal made shall
may be presented during heaFing examiner eensmdeFatmen ef the app
The decoswen ef the sheFt subdMsmen cemmittee shall be final, unless an appeal
by party ef FeCeFd is made to the hearing examiner within fOUFteen (14)
calendar days after the shOFt subdivisien commuttee's decisien. The appeal shall
the hearing exam 0 neF shall represent final actmen ef the city and is appealable
The deemsmen ef the hearing examiner 0 s final, unless appealed te the supermer
eeurt. Sueh appeal must be filed with the supermer eeurt within twenty ene (21)
12.04.51:0 Property annexed to city with short subd !Imminary
plat approval frem King Geunty.
A. in Onstances where pFeperty annexed to the city has received shert,
subdivismen prelinginary plat appreval from King Geunty prier to annexatmen, the
planning department, department ef public werks, fire department and building
department shall review the plat. City plan check review and inspectmens shall be
subject te fees, which are en file On the city derk's office.
B. The density, lot size and dornensmens, and the provismens made fer epen
space, drainageways, streets, alleys, public ways, water, sanitary wastes,
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appreval impesed by King County need not cemply with the requirements e
KCC Title 15, Zening, er the Kent COnStFUCtmen standaFds. These plats aFe te be
develeped on aCCOFdance with ceunty standaFds on effect at the tinge of vesting -&f
the pFeloFnmnaFy plat On the ceunty.
C. The pFelommnaFy plat shall eemply with the King Geunty Fegulatmens pertaining
te expiFatmen of the pFelornonaFy plat that weFe on effect en the date the
applicatmen vested. The date ef appFOval will be that date on which King County
appreved the pFe!mFnmnaFy plat—.
D. The precedures fer type 11 sheFt subdivismen final plats shall be these ceunty
preceduFes and regulatmens On effect at the tinge ef vesting ef the pFelinginary
1. Grading and paving ef streets and alleys;
ngenungents, sanotar-y and ster-ng sewers, street lights, water- n9ains, street nange
signs, street trees and planting str-m p landseaping, tegether- with all
standards ef the eity.
G. Prier te pr-eeeeding with sher-t subd i i -evengents, the subdivider shall
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state and local
D. NE) type 11 sheFt subdivision shall be FeeeFded until all impFevements aF-e
wFitten applicatien shall be made to the engineeFing and planning depaFtments
stating the Feasens why such delay is necessaFy. if the defeFment is appFeved,
the develepeF shall fumish a peFfeFmance bend te the city 'in an ameunt equal to
as te the angeunt of such bend shall be cenclusove. Such bend shall lost the exac
WeFI( that shall be peFfOFrned by the applicant and shall specify that all of the
defeFFed in9pFevengents be cempleted within the tinge established by th-e
-. IeFing depaFtment. if no time is established, then the tinge peFied shall net
shall be held by the engineeFing depaFtngent's bend and peFngmt specialist. The
deve!E)peF n9ay substitute a ceFtified E)F eashieF'S check eF assignment ef funds in-
lieu of a peFfeFmanee bend. Such check OF assignment shall be Fnade payable
the city of Kent and shall be On the sange ameunt as the bend it is substituting.
E. The eity reserves the right, in additien te a'! etheF Femedies available te it by
law, to pFeceed against such bend eF etheF payngent on lieu theFeef. in case 0
any suit er action te enfE)Fee any pFeViSienS ef this chapteF, the develeper shall
pay the city all costs incidental te such litigation including Feasenable atteffley's
fees. The applicant shall enteF inte an agreengent with the city
peFfeFmanee bend eF etheF seeffity shall be binding en the applicant, his heiFa,-
__.______._ and
that the develepeF has completed the required installatiens and/eF bending On
standaFds ef the depaFtngents. The planning depaFtment shall notify the
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when the required improvements have been installed and approved er adequate
seeffity has been posted as pFeVided on subsection (D) of this section.
Sate law reference(s) iMP Ovements, Ft£58.17.130
A. An application feF sheFt subdivisien final plat shall be filed with the planning
the planning depaFtment. The final plat shall be pFepaFed by a land SUFveYE)F
cenfOFM te the pFeliminaFy plat. Application fees aFe en file in the city c!eFl(,S-
effice and the planning depaFtment.
B. The sheFt subdivismen final plat submitted feF filing shall be twe (2)
Feffeducible maps dFawn te a scale of not less than ene (1) inch Feffesenting
-. �eFing and on sheets eighteen (18) by twenty twe (22) inches. The eFigina4
dFawing shall be On black ink en mylaF OF phetegFaphic mylaF, and shall--.
1. include the date, title, name and lecatien ef the subdivisien, gFaphic scale
within eF abutting the shOFt plat.
3. Shew the lecatien of utilities, StFeets and easements within eF abutting sheFt
plat,
4. Display the lines ef all StFeets and Feads, aliey lines, let lines, let and blecks
dedicated te public use, with netes stating theiF PUFPese and any limitatiens.
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StFeetsf alleys and beundaFie-s--.
!I. Centamn a metes and bounds legal deSCFiptlien en the face of the final plat
mylaF which Feflects all toes te subdivismen lines, denation claim lines and/eF
reCOFded plat lines. The p'at shall be accompanied by a CUFFent plat ceFtificat-e
subdmvmded en beth the title FepeFt and final my!
plat within such sectien eF sectiens. The plat and sectien SUFvey shall be
shewing eFFeF ef CIOSUFe and method ef balancing. A sketch showing all
ef the plat shal' accompany this data. The allewable eFFeF ef deSuFe shall not
plat,
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15. Be signed by the ewneF ef the PFOpeFty On the face ef each final plat mylaF.
deed ef tFUSt, OF etheF heldeF ef beneficial title to the pFepeFty being subdivided
0 ndicatting that the sheFt subdivision is made with fFee consent and on aecOFdance
the netaFized ceFtificate shall be signed by all paFties having any owneFship
nteFest" shall include legal and equitable pFepeFty interests, including, but not,
C. in additien to otheF FeqUiFements as specified in this section, the final plat,
shall contain OF be accompanied by the feliewong--.
1. CeFtificatien shewing that StFeets, Fights ef way and all sites feF public use
have been pFepeF!y dedicated,
2. CeFtificatien by a licensed land SUFveyOF that a SUFvey has been made and
that monuments-and stakes wm" be set,
dispesal and water service are acceptable.
a. All have been aCCE)Fdance with the FeqUiFements E)f
3. Gertmfocatmen by the respensible health agencies that the methods ef sewage
defeFFed
S. The subdovideF shall fUFnish the city a CUFFent plat ceFtificate eF title FepeFt
fFem a title inSUFance cempany, pFeduced ne MeFe than feFty five (45) days
prieF te final plat applicat.en, that decuments the ownership and title ef all
0 nterested parties in the plat, subdivision, er dedicatien and that lists all liens
and eneungbFances. The legal deSEFiptiE)n on the title FePOFt shall be identical te
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the Fight tO FeqUmFe updates of the ceFtificate E)F title FePE)Ft at any tinge pFiOF tE)
8. Copies ef any FeStFietive cevenants as may be used On the shOFt
D. All shOFt subdivismen final plats shal' be SUFveyed by a land SUFveyOF licensed
0 n the state. All exteFieF CE)FneF and/eF angle points shall be set with Fe baF and
cap. The type E)f StFeet menuments used shall be on aCCeFdance with city of Kent,
standaFds and shall be installed peF these same standaFds. The licensed land
the chaiFman of the sheFt subdivision committee, the King County asseSSeF and
the King County FeEOFdeF must be PFOVided on the final my!
E. if any utility cempanies and/eF utility diStFiets have existing easements within
the pFepesed plat, the plattlOF OF its assigns shall have these easementS FeME)ved
eF shall have theiF Fights subeFdonated te those of the city ef Kent.
F. The final shOFt plat shall be submitted to the planning depaFtment feF Feview
by the city as to cempliance with all teFMs ef the pFeliminaFy appFeval of the
,,,,,,..vementsi and cempleteness and aCCUFacy Of SUFvey data and platting
G. The sheFt subdivision final plat shall be signed by the chaiFman ef the sheFt
subdmvi'sion eE)ngngmttee when the plat is deteFngmned te be On cempliance with all
applicable sheFt subdivismen platting FeqUiFements and befOFe it is filed with King
H. An appFeved shOFt subdivismen final plat shall be filed fE)F FeCE)Fd on the effice
ef the King County auditeF and shall not be deemed appFeved unto! fil -
1. A cepy of the FeCOFded sheFt plats shall be filed with the planning depaFtment
the ngetes and beunds legal deSCFiptien en the face ef the plat. The City FeseFves
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.
if the sheFt subdivisien final plat is net filed within ene (1) yeaF of the date e
prelumonaFy plat appFeval, the shert subdivismen plat shall be null and veid. Upen
written Fequest ef the subdivider, the planning department may grant ene (1)
extensmen ef net mere than one (1) year. Such request must be received by the
planning department prier te the ene (1) year exporatien da
Any land subdivided under the r-equir-ements fer- a type 11 shert subdivismen shall
net be further- divided fer- a per-med ef five (5) years witheut fellevving the
/ /
12.04.535 Procedure for alteration of a type 11 short subdivism
A. if an applicant wishes te alter any type 11 shert subdivisien er any pertien
theFeef/ except as provided On KCC /
tracts, that persen shall submit an
applicatmen te the planning department Fequesting the alteFatmen. The application
shall centamn the signatures of all peFSens having an E)wneFshop interest in lets,
parcels, sites eF divismens within the subdivision er in that ertmen of t.
subdmvmsmen to be a'tered.
B. if the subdivismen is subject tE) FeStFictive covenants which were filed at th-e
tome ef the approval ef the subdivision, and the application fOF alteFatmen would
by all paFtmes subject te the covenants PFOViding that the partmes agFee to
and smgnatUFe, a mineF alteration may be approved with censent of the planning
censent of the shOFt subdivisien cemmottee, after public notice and a public
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meeting is held. The planning depaFtment shall provide notice of the appliCatiOn
E)-.-
and sognatLAFe, but PFmeF te filing the final plat with King Ceunty, a plat alteFatmen
ef an application fer alteration, the planning depaFtngent shall pFeVmde netmCe E)
the application to all E)wneFS Of PFOpeFty within the subdivision, and as was
iequiied by the OFiginal sheFt plat applicatmen. The notice shall establish a date
with King Geunty, a MineF plat alteFatmen may be appFeved with consent ef the
short subdovosmen cemmmttee. if the planning directer determines that the
pFepeFty within the subdivismenf and as was requiFed by the subdivision plat
application. The notice shall establish a date feF a public meeting.
F. The sheFt subdivision cemmittee shall deteFMmne the public use and inteFest in
if any land within the alteFatmen is paFt ef an assessment diStFoct, any
eutstanding assessments shall be equitably divided and levied against the
geneFal use of peFSOnS Fesidding within the subdivision, such land may be alteFed
and divided equitably between adjacent pFepeFtm
short subdivision, which afteF signature of the chair ef the sheFt subdivision
cemmittee, the final plat shall be filed with the county audotOF te becerne thte
lawful plat of the PFE)peFty.
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H. Thms sectmen shall not be construed as applying te the alteratien OF Feplatting
ef any plat of state gFanted tide OF sheFe lands.
A. WheneveF an applicant wishes to vacate a type 11 shOFt subdivision eF any
POFtien theFeef, that peFSE)n shall file an application feF vaCatiOn with the
C. When the vacatien applicatien us specifically fer a City StFeet er read, th-e
precedUFes fer street vacatien in Ch. 6.09 KCC shall be utilized fer the street
streets er reads, the precedure fer vacatien in this sectien shall be used but,
vacatmens ef streets may net be made that are prehibited under state law.
D. The planning department shall give notice te aim ewners ef preperty within the
The city ceuncil shall cenduct a public hearing en the applicatien feF a vacatien Of
subduvisuien be appreved er denied after the city has determined the public
use and
pertion ef the land centained in the short subdivision was dedicated te the public
feF public use eF benefit, such land, if net deeded te the city, shall be deeded te
the city unless the city ceuncil sets ferth findings that the public use weuld ne
be seFved in retaining title te these lan4s-.-
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E. Totle to the vacated pFepeFty shall vest with the rightful owner as shewn
the CeUnty FeCeFds. if the vacated land is land that was dedmeated te the publici
feF public use other than a Fead OF Street, and the city ceuncil has found that,
retaining title to the land is not in the public inteFest, title thereto shall vest with
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 E)F Street shall vest with the E)wneF OF
1:2.04.545 Standards for the subdmvmsmen ef 'and and any dedications.
0 FFeplaceable enVmFenrnental amenities and te make Urban development as
preserve dFamnage patterns, pFetect gFeLAnd water SLAPPIY, prevent eFesmen and te
preserve trees and natUFal vegetatien. Thus is beneficial te the City in lessening
the costs of the develeprigent te the city as a whole, and te the subdivider on
Creating an attractive and quality -,,VH.,H,..nt. Land whoch ms feund te be
unsumtable feF subdivismen includes land with featUFes likely te be harmful te the
safety and general health ef the future residents such as land adversely affected
by fleeding, bad drainage, steep slepes, er reek formations. Land which the City
ceunewl censoders inappropriate for subdivisien shall net be subdivided unless
adequate methods are previded as safeguards against these adverse cenditienF'.
if any pertion ef the land within the beundary ef a preliminary plat er appreved
accerding to Chapter 86.16 RCW, that pertien ef the subdivision shall have the
written approval ef the State Department ef Ecelogy before the city ceuncil shall
hear the final plat. Every reasenable effOFt shall be n9ade te preserve existing
trees. Every effort shall be rnade te preserve existing strearns, bedies of water,
marshes and begs. if a stream passes threugh any ef the subject preperty, a
plan shall be presented which indicates hew the strearn will be preserved.
Methedelegy sheuld include an everflew area, and an attempt to minimize the
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dmStUFbance of the natUFal channel and StFeaFn bed. The poping eF tunneling of
wateF shall be disceffaged and allowed only when going undeF stFeets. EveFy
effOFt shall be made te keep all StFeaFns and bodies of wateF cleaF ef debFms and
pollutants.
8-.-
by the city plan fOF the Feplatting, subdivision, eF dedicatmen ef any aFeas shall be approved
i=itv_ The pr epE)i%d itic.c t iostc.iii siiaii extend existing Streets at the same f3r
existing eF PFE)pesed publie highways, n9aJOF OF secondaFy aFteFmals shall be held
}e
C. The alignment of all StFeets shall be Feviewed and appFeved by the pubk
WOFI(s depaFtFnent. The follewing standards shall apply unless etherwise
appreved by the public WOFks depaFtment in consultation with the planning
1. WheFe StFeet inteFsectmens must be effset, sueh effsets shall not measure less
2. Resodentma' eu' de sacs shall net 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 intefflatmenal Building Code, the intefflational 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
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sixty (60) feet oF FnOFe in width, the centeFline Fadius of curvature shall be no
less than three hundred (300) feet and on otheF StFeets it shall be net less than-
6.
length ef two hUndFed (200) feet unless specified etheFWmse by the publie WeFl(S
7. All StFeets shall be platted at full width. All StFeet improvements shall be Of
full width mMpFevement. Full width shall consist of the following:
a. All streets, Feads, and alleys shall be gFaded to themF fUll width and the
b. All StFeet and alley SUFfaces shall be of asphalt cenCFete aCeeFdmng te City
d. All StFeets shall have SteFm dFamns censisting E)f the PFE)PeF size pipe and catch
basins OF open ditch which is te be deteFngmned at the tinge of the public heaF"-g
feF the pFelongonaFy plat. WheneveF open ditch is allowed, ne closed dFains ngay
be installed except aCFOss an aLAthOFmzed dFmvewa�-
have sidewalks, with a nginingung of five (5) feet width on 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 Type M-ammmum Lighting He�
Resodential St 18 feet
G ,ins- 18 feet
Street light heights and spaeong shall censider- the eanepy and r-eet systeng
94
107
be FequiFed to be dedicated to the beundaFy line. Extensiens ef gFeateF depth
Be net less than five (5) feet in width-7
by the public weFl(s g. StFeets which ngay be extended On the event ef futuFe adjacent platting ngay
on cOnsultatien with the planning seFvmees effice
hengeewneFsi
leaves,
fallen bFanches,
and fFuit debFis. Maintenance dees net include such
thongs as itFimming, i i
nseet and dosease ntFeI
must be adheFed te Of full pavement is FequiFed:
Street ^emsRight of Way WmiPavement WMI
Standards (feet) (feet)
A-G 88
Res,aen},ai Fte-mal -56 -36
Res dentia�et 49 2-&
r�Ica,—a e S as c 43 2-9
Where full pavengent OS nOt FeqUiFed, the right ef way widths shall rengain the
same for the type ef street defined in the comprehensive plan. The
ngay censist ef twe (2) eleven (11) feet driving lanes and twe (2) eight (8) f
95
108
sheulders and twe (2) sox (6) feet drainage sectmens and two (2) five (5) feet,
potential sidewalk sections.
if a subdivismen is lecated in the area E)f an officially designed tram!,
may be made feF reservation of the right of way or fer easengents to the city fer
tram! purpeses.
8. Traffic calnging design and improvements are FeqUiFedd, and are specified
aCCeFdong to street classificatmen (see subsection (7)(m) of this section), sit-e
cenditions, or ether cenditions as determined by the public werks department,
censultatmen with the planning serviees office and fire pFeventmen division,
a. Resodentmal Streets with entrances cennected to arterial eF cellecter streets
shall PFOVmde CUFb bulb euts at each plat entrance, eF shall pFeVide curbs
censtructed at the retUFn radius standard feF Fesodentmal class streets found in
the city censtFuctmen standards. Other traffic ealming eptiens n9ay be determined
Mere appFOproate to site eenditmens by the public werks department,
censultatmen with the planning serviees office and fire pFeventmen division,
b. Mmd bleek chokers are required on bleeks greater than five hundred (500) feet
0 n length, unless etheFWmse determined by the public weFks depaFtngert-.
with the planning seFViees effice and- fore pFeventmen division. These options
Iual, but are et Ii ited to
Traffic Cordes;
Chel(eFSi
Ch.canesi and
9. Nenpublie streets. Ownership Of private Streets net open te public CmFeulati
shall remain with a v. Speed hurrips.
association and shall be their Fespensibility te
maontamn. Such nonpublic Streets may serve net more than none (9) lets. These
Streets shall have asphaltic er cenCFete SUFface. The n9iningurn paving width fe
96
109
II Imngmte.d residential access Streets s be twenty (20) feet.
weed,w0de sodewall( shall be Provided on one (1) side of the Street, as a
However, a sidewalk is not FeqUmFed on lingited residential access Streets serving
four (4) OF less dwellings.
D. Exter4or street buffi�n!g. A minimung ten (10) feet wide perimeter StFmp--of
type 11 landseaping and asseemated fencing shall be Provided along the short
subdovisien perimeter where Ot is adjacent to a public or private roadway that,
does not Provide direct vehmeulaF access to individual lots. The landscaping strip
shall Onclude an autematme irrigation systeng sufficient to ensure survival of the
planted materials. Fencing Constructed of / masonry,
or other suitable
materials approved by the planning manager shall be located between the
landscaping Strop and the shert subdivision lets and shall be Constructed of
consistent materials and CORfogUFatmen along the length of the Street frontage.
The fence and landscape strop shall be located 'in a separate tract and shall be-
depicted on the final short subdivision n9ap. Maintenance of the landscape strop
shall be the responsibility of a homeowners' association or ether entity approved
by the city.
/ / / / / / , ---/
/ / /
A. All utmlwtoes designed to serve the subdivision shall be placed undeFgFeund.
These utulutmes to be located in the planting strip shall be placed in such a
manner and depth to permit the planting Of trees. These utilities to be located
beneath paved Surfaces shall be installed, including all seFVice connections, as-
appreved by the engineeiing department. Such installation shall be cemplet
and appreved prier te the application of any Surface mateFw
B. Unless septic tanks are specifically appreved by the city, sanitary sewers shall
be Provided at no cost to the city and designed in aCCeFdance with city
standards.
}an S
C. An adequate drainage system shal! be provided for the proper drainage of all
surface water. Gross dramns shall be previded to accommodate all natural water
flew and shall be of sufficient length to perrigit full width readway and requir
97
110
feFmula, but On ne case shall be less than twelve (12) inches.
D. The wateF doStFobutmen system including the locations ef fmFe hydFants shall be
designed and aCCeFdance with city standaFds as defined by
1:2.nA rrr n..'_':_ use and
trees, servmee areas.
adequately sized aFeas feF public seFvice usage. Easements may be FeqUwFed feF
the maontenance and epeFatwen ef utilities as specified by the
waterceurses, histerical spets, and similar cemmunity assets which,
if
preserved, will add attractiveness and value te the prepert�-
/ ,
^f AA 560 B'eek-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-eungstanees warrant, the
than sox (6) feet On width Eledmeated te the eity te extend entor-ely aer-ess the
paved fOF their- entire width and length with a permanent sur-faee and shall be
adequately lighted. Bleeks shall be Wide eneugh te allew twe (2) tiers ef lets7,-
er- size ef the prepeFty, in whieh ease the hearing examiner n9ay approve a
single tier-.
/ / /
lnsefaF as practical, side let lines shall be at right angles to StFeet !ones er Fadma4
to curved stFeet !ones. Each let must accessa street eF Fead, public eF private.
The size, shape, and eFientatmen ef lots shall meet the minimum aFea and width
98
be platted with additional width te allow feF the additienal side yard
I%-H%.4 1,ements. Lets which aFe beFdered by two (2) mere eF less parallel street-s
shall be permitted access to only one (1) of these streets. All let CeFneFs a
0 ntersectmens ef dedicated public Fights ef way shall have minimum radmi ef
fifteen ( C) feet
r r i r r
each and every COntFe"ing cerner of the subdivision. interier menuments shall
be lecated as determined by the engineeFing depaFtment. All SUFveys shall be of
secend degree accuracy. The use ef state plane ceerdinates is enceuraged. All
etheF 'Ot CeFners shall be maFI(ed with suitable metal er weed maFI(eFs.
B. Street signs. The subdivideF shall FeimbHFse the city en the cest ef the public
StFeet name signs and installat;en necessary in the subdivision. The subdivide
at hos cest shall install StFeet name signs en all pFwvate streets in the subdivisien.
the subdovusmen has average slepes greater than fifteen (15) percent and On
which any street On the subdivisien has grades greater than seven (7) percent at,
-. --,.n pFeblems present in such aFeas. The fellewing standaFds shall apply te
12.04.57C)(A) and (B) which shall apply unless specifically excepted:
rgeelegy, dFainage patterns,
and vegetatien-
shall be presented in erdeF te determine if the subdivisien can be safely
$jam U.
2. Detailed plans fer any prepesed cut and foil eperatiens shall be submitted.
These plans shall include the angle ef r r
walls. cempactien, and retaining
99
112
3. Streets may have a grade exceeding i�ftccn (15) I'3P1'CPI'lt and Stl'PPt widths
may be less than these FeqUmFed in KCC 12.04.545(C)(6) and (C)(7)(i) is
feund that tFaffie geneFated will be less than On a nenhillside subdivismerl-.-
4. Lots may be required to be IaFger than minimum lot sizes FequiFed by KCC
largeF than these On less steep aFeas ef the subdi'v"ISI"w-1-1.
/ /
develepments/ .
bone d KCC Titl o I
6urrrrrcci--i-FrT.�-c-r�T2-��. S�S�-�} r.�--I-C-� 6t size, width,
depth,-et-e-.
B. The fellewing standards shall apply te zeFe let line subdivision. in additien,
specifically excepted�
1 Stfeets, eurbs and sidewalks.
necessary,a. Publie streets. in certain aFeas, due te existing eF planned CiFEulatien
systems, it may be necess—, fe- the City te Fequire public Fights ef way te be
led wothmn the develepment. When the pFevismen ef such Fights ef way is
the right ef waywidth,
the same as weuld etherwise be FeqUiFed. The peFimeter buffering requirement
shall be applied aleng these rights ef way.
b. Nenpublic streets. Ownership ef private streets net epen te public circulati
paving width, and ether standards shall b-e
asseematmen and shall be their respensibility te
maontamn. These streets shall have asphaltic er cencrete surface, and cencrete e
asphalt curbing shall be previded aleng beth sides ef all streets except wher-e
curb cuts are necessary fer driveways. The paving width fer all
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113
cellecteF stFeets within the zeFe 1E)t line development shall be twenty fE)UF (24)
feet. The monongung paving width feF all Fesidential access stFeets shall be twenty
(20) feet. A five (5) feet wide sidewalk shall be pFevided on one (1) side of the
stFeet, as a min 0 mum. HeweveF, a sidewalk is not FequiFed ein limited access
stFeets seFving twe (2) eF less dwellings. in additien, guest paF!(mng shall be
pFevided at a Fate of 0.5 guest paF1(ing spaces peF dwelling unit beyond the
2. st-,i utilities. All utilities designed to e the ,d.,. e!E).,.,- ent shall be
placed undeFgFeund. Any utilities lecated On a planting stFop shall be placed �R
such a manneF and depth te peFmit the planting of tFees. These utilities te be
located beneath paved suFfaces shall be installed, including all seFvmee
cenneetiens, as appFeved by the public wE)Fks depaFtment. Such installation shall
Easements may be FequiFed fE)F the maintenance and epeFatien ef utilities
a. Sanitary sewers. SanitaFy seweFS shall be pFeVided at ne cest te the city and
b. Storm drainage. An adequate drainage system shall be PFOVided fer the
preper drainage of all surface wateF. Gress drains shall be provided te
accemmedate a" natural wateF flow and shall be ef sufficient length te peFMit
full width readway and required slopes. The size epenings te be provided shall
be deteFMined by Talbet's fOFMula, but On ne case shall be less than twelve (12)
0 nehes. All mebmie heme paFtS must comply with eity drainage erdinances.
c. Water system. The water distFibution system including the lecatien Of fiF-e
hydFants shall be designed and aCCeFdance with city standards as
defined by the e, ieei I, ,, and fore department eFdonances and FeqUiFements.
d. Eleetr4eal heek ups. All electrical heel(ups shall comply with the Natienal
ElectTfeal Cede. Permots shall be obtamned fFOM t State Electrical 7nspectien
�.hP r-
o DT�Tr
Gress reference(s) Zere let line develepment, § 15.08.300 et seq.
101
114
1:2.04.578 Glustering in urban separators.
Land Use Plan Ma-p,-.
appineable pFeVwSffieRS ef this ehapteF, shall apply unless speeofmeally exeepted. in
SLibd:
4. PeHnitted density. The number ef dwelling units peFnqitted in a
elustei= develepn9ent shall be ne gFeateF than the nungbei= ef dwelling Units
S. Let s�ze. in the ffinteFest ef eneeuFagong flexibility On site Elesign and the
pi=eseFvateen ef epen space, the ffliningung let size ef individual building let-s
New lets ei=eated by any subdivismen aetien shall be clusteFed on gFeUPS Bet
(i 2 9rrnet
6. Let width. The ffi*n6nqunq let wffidth feF individual building lets on a elustel=
102
115
areas,7. Other development standards. Development standaFds etheF than let size
lot wodth shall be the same as aFe required within the zening distriet On which the
8. Commen epen space. The cengmen open space On a cluster subdivision shall
nenCenStFained aFea ef the parcel includes a'' areas ef the parcel, Minus Critical
as defined in RCW 030(5) as and hereinafteF /
clusteFing shall be lecated and CeRfigUFed on the manner that best cennects and
pretects aFea wildlife habitat, creates cennectivity between the E)pen spaCe
previded by the clusteFing and etheF adjacent open spaces as well as existing e.F
planned public paFl(s and tFails, and maintains scenic vistas. GFitical aFeas and
buffeFS shall not be used On detern9oning lot size and cemmen epen space
I -,U,, ements on -a clusteF subdivision. All natural features (such as streams and
their buffers, significant stands ef tFees and FeCk euterepping), as well as
sensitive aFeas (such as steep slepes and wetlands and their buffers) shall be
manneF that degFades adjacent envirenmentally sensitive areaS, FUral areas,
/ /
impa'FS scenic vistas and the connectivity
between the open space previded by the clustered develepment and adjacent
epen / rades wildlife /
and inqpaiFs the FeeFeatmenal benefits
enjeyed by the residents ef the development. Such cengmen epen spaces may
ep me.. r / / / /
the--reSt s6 2--development,rrri i}_ =._�i gevec� }_� the E'ItV Wlt.. t..P E'ItS/ s f'f31'1SP1'lt
and approval OF to anetheF party upon approval of the city of I(ent.
/ / / / /
1:2.04.579 Clustering in residential zones outside urban separaters.
103
116
gFeateF flexibility in design and discourage develepngent sprawl; te facilitate the
A. When located wholly outside an uFban sepaFatE)F, clusteF subdivisions aFe'
KCC Title 15, unless etheFWise ngedified by this chapteF. These standaFds
deSmFed chaFacteF ef the zene, allewing lots te vaFy in size and shape, whole stiff
applicable PeFtmens of this chapteF, shall apply unless specifically excepted. in
paFking, landscaping, and
.
single fangily Fesidential uses, as defined in KCC
2. Permitted uses. The elusteF Fesmdentmal develepment eptien shall include enly
4. Permitted density. The n9axingung nungbeF ef dwelling units peFMotted on a
clusteF develepngent shall be ne gFeateF than the nungbeF ef dwelling units
104
117
S. Let s�ze. in the mnterest of enCE)HFaging flexibility On site design and the
pFeseFvatmen of epen space, the minimum lot size of individual building lets-
Feduced by twenty five (25) peFeent of the minimum lot size feF the undeFlying
zening diS}F ^}
6. Let width. The minimum let width fOF indovidual building lots on a cluster
dFiveway easement to be included in the minimum lot width Of iFFegu!aF letS-i
7. Other development standards. Develepment standaFds etheF than lot size
lot wodth shall be the same as aFe FeqUiFed within the zoning district On which the
cltFSteF Feshd"c n t i as�l d e v e l e p ng 21tirs located.
a. The pFeposed cluster develepment pFeject shall have a beneficial effect upeFf
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 eF PFE)peFty that abuts OF is diFectly aeFE)SS the stFeet frong the
subject PFE)peFty. Cen9patibility includes, but is not lingited to, appaFent size,
scale, n9ass, and aFehmtectural design.
maintained, and the design to benefit the develepngent and the
techniques such as sepaFatien ef building gFOUPS, use ef well designed epen
space, cengngen er shaFed space, and landscaping. Open space shall be
105
118
element eF the p ct
accessibility,0 nnevatmen on site and building design and shall include aFehmteCtUFal and site
garages, such as perches-,-
de emphasized shaFed dFiveways, walkways,
cemmen aFeas. Buildings shall be related by cemmen mateFials and Feef styles,
but centFast shall be pFeVmded thFOugheut the site by the use of vaFied and adjacent
detailing,aFehmteCtUFal
building scale, and eFientation.
f. Building design shall be based en a unified design cencept, paFtmCUlaFly when
CenStFUctmen is On phases.
b. PaFl(mng ipublic Fights ef way, maneuveFing aFeaS, FeadsiSteFage aFeas,
dFiveways, and yaFdS within individual lets shall net be included On cemmen open-
.-,,V,,anngentally sensitive c. The cemmen epen space tracts created by clusteFing shall be lecated and
EFeates cennectivity between the open space pFeVmded by the clusteFing and
etheF adjacent epen spaces, as well as existing eF planned public paFl(s and
tFamls, and maintains scenic vistas.
tFees, and FOCI( OUtffepping) as well as sensitive aFeas (such as steep slepes and
wetlands and themF buffeFS) shall be pFeseFved.
e. FutuFe develepment ef the cemmen epen space shall be prohibited. Except as-
specified en Fecerded documents CFeating the common open space, all cemmen-
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119
between the open space PFOVided by the clusteFed develepment and adjacent
E�d by the Fesidents of the develepment.
f. GwneFship ef such cemmen epen spaces Fnay be Fetained under ownership by
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.
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
feet feet
industr-mal r-t r;9G
industrial
- -F -r
SG 44
Gelled.
�vr
industr-mal neees66 -36
G I &G -36
107
120
Streets
Alleys 2-e -
(eighty (89) feet r-ight ef way), and eengnger-emal streets (sixty (69) feet r-ight ef
way) shall have sidewalks ef five (5) feet On vvidth, en beth sides. All
have sodewalks a nginingung ef five (5) feet On width, en ene (1) side.
f)--.- -e€ way shall have a
F. Bleeks shall net be less than sox hundred (699) feet er- nger-e than twe
theusand (2,009) feet in length. Bleeks sheuld be net less than three hundr-eel
(399) feet On vvid-th, exeept where fr-enting en n9ajer- streets er- prevented by
hear-Ong exanginer- n9ay app-Feve a lesser- width. B'eeks sheuld net be greater- than
G. Lets are eptienal and eengnger-eial subdivisiens. The size, shape
and er-mentatmen ef lets shall n9eet the n9iningung area and width r-equir-engents e
1. insefar- as pr-aetmeal, side let lines shall be at right angles te street lines e
2. Ger-ner- lets n9ay be r-equir-ed te be platted wider- than inter-mer- lets as
deteffigined by the planning depaFtrfqei�,t-.
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121
Fti£T2 lV. Subdmymsmenss
1:2.04.600 Purpose of subdivisions-.
prepeF use ef land; pFetects the public health, safety, geneFal welfaFe, and
aesthetmes ef the eityj makes adequate PFOViSmens fE)F public facilities in-
CeFnpFehensuve plani and complies with the pFeV!Slens of this chapter and
^f AA GAC Seep.
A. Any land being divided inte ten (19) er- nger-e i lets, i Sites,
eF
subdovisiensi size;
years;B. Any land vvhmeh has been pr-evieusly divided under the sher-t subdivisien
under- the shert subdivisien preeedures within the preeeding five (5) years shall
12.04.610 Preliminary consultation with staff.
Any peFsen who desiFes to subdivide land On the city sheuld consult with the
planning depaFtFnent at an early date on an infeFn9al basis in E)FdeF te becem-e
`-•'`Y-
i i
109
122
S. SubmOssion of the final plat te the city ceuncil fOF ,
6. ReCeFdatmen ef the appFeved final plat in the office of the King County
depaFtment Of FeCOFds and elections.
1:2.04.620 Subdivision in phases.
completien date fE)F each phase. Final plat appFE)val shall be gFanted feF each
sepaFate phase ef the pFeliminary plat by the city ceuncil and any changes at,
1:2.04.625 Tentative plat review.
A. Appimeatmens fer a subdivismen tentative plat meeting and r-eview shall be fil
with the planning depar-ticnent. A tentative plat meeting and r-eview shall be
tentative plat and number ef eepmes te be filed shall be On aeeer-danee with the
requirements ef the planning direeter-.
110
123
chapter;B. The planning department shall transmit cepies ef the subdivismen tentative
plat to the fore, develepment services, public WE)FI(s and parks departments,
public utility agencies serving the area, and te any other department OF agency
deemed necessar�-
C. A meeting on the subdivismen tentative plat shall be held, which is attended
by the planning department', ether city departments which receive cep 0 es of the
tentative plat and the subdmvmdeF. Any Fecongrigendations of the vaFOE)US
departments fOF revision ef the tentative plat sheuld be discussed at such
meeting. These Fecemmendatmens and petential cenditmens ef approval for the
subdmvmsmen shall be FeCeFded on writing and mailed te the subdivider by th-e
planning department.
D. The recemmendatmens ef the city departments shall be based en whether the
tentative plat is:
1. in cenfeFmance with the purpose and regulatmens ef this
2. in cenfeFmance with fore safety ,
,
4. in cenfeFmance with building cede ,
S. in conformance wmth the apprepriate Street standards and the dreulatmen
pattern established or prepesed fer the area that the subdivisien will be
6. in cenfeFrfgance with sewer, water and ether Utility plans feF the aFeaj
E. if the subdivismen tentative plat is recommended tf1 I'll'ef"PPrls I'll'PsPIItPFI E31'
as medofoed on aCCeFdance with the written suggestmens made by the city, the
applicant shall proceed te the preimmonaFy plat stage. if not recengmended to
preceed, a pFelomonary plat may still be submitted te the hearing
HE)weveF, likely that the same objections and problems will arose at that
111
124
F. if changes are n9ade te a subdivision which has alFeady Feceived tentative
plat Fecemmendations and potential cenditions, the planning depaFtment shall
cempaFe the subdivismen tentative plat and the pFepesed pFelinginaFy plat and
tentative plat Feview. A new tentative plat review and meeting may be requi
Of the pFeliminaFy plat is net substantially singilar te the tentative plat Feviewecl
by the city. The deteFR9inatmen ef the necessity feF anetheF tentative plat,
meeting shall be based en the following censideFatiens:
.,
the prelinginary
plat is a Fefinengent ef the tentative plat, er is a eempletely new plat feF th-e
1:2.04.630 Preliminary plat appimeatien.
A. Applicatien feF a subdivismen pFeliminaFy plat shall be filed With the planning
the planning depaFtrnent. The pFelurninaFy plat shall be pFepaFed by a land
Applicatien fees, which are en file in the city c!eF!('s effice and the planning
depaFtngent, shall be paid.
B. Unless an applicant fer pFelinginaFy plat approval FeqLAests etheFWmse, a
vaFmances, planned unit develepments, site plan appFevals, and sin9ilaF quas�-
C. The subdivisien prelinginary plat shall include:
7:Th�s c d1number, the name andaddr
essesse e ewner, an
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125
plat;decimal scalej
3. The locatien of existing and PFOpesed platted propeFty lines, and existing
FeCE)Fded public OF pFivate Utility eF Feadway easements, beth en the land te be
subdmvmded and on the adjoining lands that abut the PFOpesed subdivision, fOF a
CE)ntE)UF lines shall be extended at least ene hundFed (100) feet beyend th-e
boundaFies of the PFOpesed
names,S. The iPFOpesed ,
alleys, easements,
spaces, reseFvatmens and utilities;
wateF
and seweF lines;
subdivided;7. The aCFeage of land te be i the aFea of all i
space;epen
8. The appFE)Xingate dimensions of ,
9. A statengent ef semi type, dFainage conditions, pFesent landscaping including a
depaFtment wildlife pFesent and any
within OF abutting the subdivision within a distance of 50 10. All existing StFUCtUFes and distances fFOng any existing and pFeposed lot lines
SUFveyeF licensed On the state-T
113
126
featuFes and devices, and etheF planning featuFes that assuFe safe walking
e deStF r ether
d t
.
and suFface water utility, ch. 7.05i SUFface water and drainage code, ch. 7.077-
Gross reference(s) WateF, ch. 7.02j sanitaFy sewers, ch. 7.04j sterm water
.
.
Ne subdwvmsien shall be appFeved unless the fell Eiples ef acceptability
are the b diy .-h- II
Zening1. CFeate legal building sites which cemply with all prevismens ef Kcc Title 15,
and health
r ,
2. Establwsh access te a public read feF each segregated parce+j-
3. Have suitable physical characteristicsi a prepesed plat may be denied
because ef r r ,
capabilities; semi stability and/e
r
4. if adjacent te anether municipality or King Geunty, take inte censideFatien the
subduvwsmen standards of that jurisdiction as well as the ef thus
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supplies, sanitaFy wastes, and ether public utilities and services, as deemed
6. Make adequate PFE)VOSmen feF the connectivity Of Streets, alleys, pedestrian
accessways and other publie ways.
1:2.04.640 Determination of cempleteness.
Within twenty eight (28) calendar days after receiving a subdivisien prelinginaPY
plat applicatien, the planning department shall rigail eF peFSenally previde te the
applicant a written deteffiginatmen of cengpleteness which states either that the
alse udentwfy, te the extent known by the city, ether agencies with jurisdictmen
ever the subdivisien applicatien. if the city determines that an applicatmen is net,
cengplete, the applicant shall have up te ninety (90) calendar days te subngmt the
necessary infeffigatien te the city. if the applicant either refuses in writing te
the ninety (90) calendar day permed, the applicatmen shall lapse because ef a lack
ef necessary te complete the review. Within feurteen (14) camenda-r
days after an applicant has submitted the requested additional inferrigatmen, the
city shall again rigake the cengpleteness deterriginatien and shall netify th-e
applicant On the sange riganner.
department shall accept the applicatien and nete the date ef acceptance. The
city. if the city dees net provide a written deterriginatmen te the applicant that
the applicatmen is incengplete, the applicatien shall be deemed cengplete at the
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128
the torne that a subdivision pFelungonaFy plat application, as defined in this
chapteF, has been deteffigined to be cengplete and has been accepted by the city
of Kent, PUFSLAant to KCC chapteF and the zoning and etheF land use Fegulations on effect on the land a
and at least fifteen (IS) ealendar- days prier to the publie hear-Ong. The tentative
date ef the pub'me hear-Ong shall be lasted on the netiee ef applmeatmen and th-e
netiee of appimeatmen shall be mailed, published and pested on the sange Elay,
1. The eity shall publish the netmee ef appimeatien in a newspaper- eef general
Hall and On the r-egmster fer- publie review at the planning depaFtrnent effiee.
A netiee of appimeatmen shall be issued fer- subdivision appimeatmens within fourteen
12.04.655 Referral of subdivision preliminary plat.
planning depaFtment shall distribute copies ef the plat and the application
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129
necessary. The applicatien mateFials shall be tFansmitted at least fifteen (15)
calendaF days PFieF te the public hear',,,,.
A. The city shall mail a netice of applicatien te all agencies with juFisdictien eveF
the subdivision applicatien. Such net ce shall include the tentative date, time
platted. A cepy ef the plat and the application materials shall be previded to
agencies as deemed necessary er Of requested by the agenc�-
B. Netice ef application for a preliminary plat ef a prepesed subdivisien adjacent
te er within ene (1) mule ef the city beundaries er which contemplates the use ef
King Geunty's er any ether city's er tewn's utilities, shall be given te the
adjacent te the right of way ef a state highway er within two (2) moles of the
beundary ef a state or municipal airpert shall be given te the Secretary -ef
Transpertatien. The Secretary shall respend te the city within fifteen (15) day-s
ef such netwee as te the effect that the prepesed subdivisien will have en the
state highway er the state er municipal airport. Such notice shall include the
and a lecatien map,
the subdivision applicatien and te any ether depaFtment OF agency deemed
A. The applicant shall place at least ene public netmee beard en the preperty te
be subdavoEled. The public netmee beard must be placed en the prepeFty aS
diFeeted by the planning department, and ne lateF than feur-teen (14) days afteF
adjacent te meFe than ene public street er has mere than ene petential access
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130
route, ene public netice beard shall be placed en the pFeperty adjacent to eadi
public street OF potential acceSS FOute.
B. The netice ef the publie heaFing shall be mailed, published and posted on the
same day, not less than ten (10) days pFiOF te the heaFing date.
C. The eity shall pest the netice ef public heaFing on the public netice beaFd(s)
en the property.
D. The city shall publish the notice of public hearing in a newspapeF of general
eetnt�-
the real pFepeFty proposed to be subdivided also owns anetheF paFeel eF paFeels
subdivided, notice shall be ngailed te all E)wneFS Of Feal pFeperty located withm.n
three hundFed (300) feet of such adjacently ewned parcels.
E. The city shall mail a netmee ef public heaFing te the applicant, any persen who
2
AA L7A P ub1:e ni
A. Affected agencies and the public shall have a feLAFteen (14) calendar day
cernments Of cernments are net received within the specified tinge peried.
unusual coFeurnstances. Any extenswen shall net be granted fer a permed lengF--r
than three (3) additional calendar days. The public may make written respense
applicatmen us mailed, pested and published. The planning department mus
,,ive all public cernments by 4:30 p.m. en the last day of the cernment
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131
Gemments should be as specific as pessible. The hearing examineF shall net take
and/or water SUPPIY FegaFdong the general adequacy ef the pFepesed means ef
sewage dispesal and/eF wateF supply. The applicant is respensible fer submitting
the apprepriate applicatmen ferms te the Seattle King Ceunty health department
and feF paying the health depaFtment review fee.
A. The hearing exanginer- shall held an epen reeer-d publie hear-Ong en any
subdivismen pFe'mngmnar-y plat within ene hundred (109) ealendar- days ef the
B. A r-eeer-El ef the publie hear-Ong shall be kept by the eity and shall be epen te
Comments may be mailed, personally delivered or sent by facsimile.
.
system,State law reference(s) Netmee, RGW 58.17.999; hear-Ong examiner
RGW 5847.339.
12.04.685 Approval criteria.
A. A pFepesed subdivision and dedication shall not be appFOved unless the city
fonds that:
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132
e. Open a. The public health, safety, and geneFal welfaFe of the cemmunityj
d. Community paFl(s and ,
,
,
h. SteFmwateF detentienj
devices, and etheF planning features that aSSUFe safe walking cenditmens wit
Connectivity ef sidewalks, pedestrian pathways, traffic calming features and
public ways within and between subdivismens and nemghbE)FhE)edsj
supplies;
,
henges woth dinginished gaFage dE)eFS such that no less than fifty (50) peFeent ef
less than ten (10) feet fFeM the fFOnt facade of the hemej eF etheF design
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133
appreved by the planning manageF. Lots and Feadways shall be CenfigHFed such
that at least two (2) ef these eptiens aFe suppeFted in each new develepmenti
. GtheF publicutilities and seFVmees, as deemed necess d
3. The public use and inteFest will be seFved by the platting ef such subdivismen
and dedication; ai d
MpFevements shall be neted en the final plat.
seFve the subdivisien, and/OF the impositien of impact fees may be FequiFed as a
plat. No dedicatlen, pFevision of publ'IC IiMpFeV ents, eF impact fees shall be
site and Fnay deny a PFE)pE)sed plat beeause ef fleed, inundatien, eF Wetland
3 6-07�
lengeF peFied is mutually agFeed te en the FeCeFd by the applicant and the
heaFi
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134
C. The city shall pFeVmde a WFmtten netice of decision by the hearing
SUPPeFt the deem
decision by the heaFmng examineF within five (5) WOFI(ing days ef the date the
denied, the appeal deadline of the heaFing exaFnineFs decismen shall
Fecons,ae }me is Ossued.
a party ef reCeFd te the city eeLAncol within feUFteen (14) calendar days fellewirg
ef KCC 12.01.195. The appeal shall be heard by the city ceuncul in a clesed
recerd appeal hearing. Ne new evidence may be presented. The decismen ef the
city ceuncul shall represent final actmen ef the city and us appealable enly to
The decusmen ef the heaFmng examineF shall be final, unless an appeal us made by
The deemsmen ef the city eeuneil is final, unless appealed te the supermer- eeur-t.
Such an appeal must be filed with the super-meF eeLiFt within twenty ene (21)
calendar Elays frem the date the deeislen was issued.
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135
1:2.04.705 Subdivision preliminary plat expiratien.
A. Subdivisien pFelirninaFy plat appFE)val shall lapse five (5) yeaFS fFern the date
ef appFOval unless a final plat based en the pFelinginaFy plat, eF any phase
theFeef, is submitted within five (5) yeaFS fFeFA the date ef subdivisien
pFelinginaFy plat appFOval. Gne (1) ene (1) year extension shall be gFanted te a-R
applicant whe files a WFitten Fequest with the planning depaFtrnent at least thiFt�,f
applicant can shew that he has attempted in geed faith to submit the final plat
the planning diFeCteF if the applicant can show unusual CwFCUrnstances eF
sutuatmens whoch make te file the final plat within the six (6) yea-F
The applicant must file a WFitten Fequest with the planning depaFtment
feF this additienal time extensien. The Fequest must be filed at least thiFty (30)
Fequest must include decurnentatien as te the need feF the additienal time.
t,
C. in the case ef a phased subdivisien, final plat appFeval by the city ceuncil ef
, RCW 58.17.110, ,
58.17.140.
1:2.04.71:0 Property annexed to eity with preliminary plat approval from
King County.
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136
depaFtment shall Feview the plat. City plan cheek Feview and inspections shall be
subject to fees, .
space, dFamnageways, StFeets, alleys, public ways, wateF, sanmtaFy wastes,B. The density, let size and domensmens, and the PFEMSOEMS made fE)F open
alleys;appFeval impesed by King Geunty need not cemply with the requirements e
develeped on aCCOFdanee with eeunty standaFds on effect at the time of vesting ef
the pFelmmmnaFy plat On the ceunty.
C. The pFelmmmnaFy plat shall cemply with the King COUnty Fegulatmens peFtaining
te expiFatmen ef the pFelmmmnaFy plat that weFe on effect en the date th-e
applicatmen vested. The date of appFE)val will be that date on which King County
D. The pFecedUFes fOF subdivision final plats shall be these eetAnty PFE)eedtAFes-
and Fegulatmens on effect at the tome of vesting ef the pFelommnaFy plat applicatmen-
final plat is subnqmtted�
1. Grading and paving ef streets and
ngenungents, sanitary and ster-nq sewers, street lights, water- n9amns, street name
signs, street trees and planting strap landseaping, tegether with all
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and aceeptance of all subdivislien lngpfevements and shall chaFge the
subdmvmdeF a fee that has been assessed On accordance with GFElinance No. 3490
as enacted eF as subsequently amended,
respensible fE)F cengplying with all peFngmt requiFengents of ether federal, state
and lecal agencies.
D. No final plat shall be submitted te the eity ceuncil until all ingpFevengents are
departments OF a bend appFeved by the city has been pested fer defeFred
written applicatien shall be n9ade to the engineeFing and planning depaFtngents
stating the reasens why such delay is necessary. if the defeFngent is appFeved,
the develeper shall fuFnish a peFferngance bend te the city 'in an angeuigt equal IE.-.
as te the angeunt ef such bend shall be eenclusove. Such bend shall lost the exac
WeF!( that shall be peFfeFnged by the applicant and shall speeify that all of the
defeFred impFevengents be cempleted within the tome established by the
-. -eFing depaFtment. if ne tinge is established, then the tinge peFied- shall net,
be IengeF than ene (1) year after appFeval of the final plat by the city ceuncil.
The bend shall be held by the engineering ddepaFtngent's bend and perngit
specialist. The develepeF ngay substitute a ceFtified er cashier's Check er
assignment ef funds On lieu ef a perfeffigance bend. Such cheek OF assignment
shall be n9ade payable te the city ef Kent and shall be On the same angeunt as
the bend it is substituting.
E. The city reserves the Fight, in additien te all etheF Fengedies available te it by
law, te pFeeeed against such bend eF etheF payngent On lieu thereef. in case e
any suit er actien te enforce any pFevisiens ef this chapteF, the develeper shall
pay the city all cests incidental te such litigation including Feasenable atteffley's
fees. The applicant shall enteF inte an agFeengent with the city
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138
peFfOFmanee bend eF etheF seeffity shall be binding on the applicant, his heira,-
__.______._ and
that the develepeF has completed the FeqUiFed installations and/OF bending On
aCCOFdance with the pFeViSienS of this chapteF and the specificatiens and
develepeF advising him te pFeceed with pFepaFatmen ef a final plat when the
iequiied ingpFevengents have been installed and appFeved eF adequate seCUFity
has been posted as PFOVided in subsection (D) of this secti
/ / / / /
State law reference(s) in9p E)venents, Ft£58.17.130.
A. An applicatien fer a subdivisien final plat shall be filed with the planning
department en the ferms previded and On the nungber ef cepies prescribed by
the planning department. The final plat shall be prepaFed by a land SuFveye.F
cenforng te the prelinginaFy plat. Application fees are en file in the city clerk's-
effice and the planning department.
B. The fonal subdivisien plat submitted feF filing shall be twe (2) Fepreducibl-e
n9aps dFawn to a scale ef net less than ene (1) inch reffesenting ene hundFed
sheets eighteen (18) by twenty twe (22) inches. The eFiginal drawing shall be
1. include the date, title, nange and lecatien ef the subdivisien, graphic scale
streets and easengents within eF abutting
h.d' utilities,su
r,
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139
4. Display the lines ef all streets and Feads, al'ey lines, lot lines, let and blecks
dedicated to public use, with notes stating theiF PUFpese and any lirnitatiensj
lecatien, beaFing, and length ef eveFy StFeet, easement line, let line, bE)UndaFy
'mne and bleek 'One en site;
the city engineeF'S effice. All inteFieF monuments shall be installed pFieF te the
Felease ef any bend;
StFeetsf alleys and beundaFmeS-,-
!I. Centamn a metes and beunds legal deSCFiptliOn en the face ef the final plat
mylaF which Feflects all toes te subdivismen lines, denation claim 'Ones and/er
recorded plat lines. The plat shall be aeeE)ngpanmed by a CUFFent plat eeFtificat-e
subdivmded en both the title FepeFt and final mylaFf
plat within such sectien eF sections. The plat and sectien SUFvey shall be
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140
ef the plat shal' accompany this data. The allowable eFFOF ef elesuFe shall net
,
1S. Be signed by the ewneF ef the pFeperty en the face of each final plat ,
deed ef trust, or ether heldeF ef beneficial title te the pFepeFty being subdivided
0 ndicatting that the subdivismen is made with free censent and On aecerdance with
theiF desires, and Of the subdivismen is subject to deeding ef pFeperty, the
netaFized certificate shall be signed by a'' parties having any owneFship interest
n the lands subdivided. FeF PUFPE)ses ef this sectien, "ewneFship inteFest" shall
nclude legal and equitable preperty interests, including, but net limited te,
present,n}c rn f U car 6FbAd h e l l fee interests, tegetheF with a benefmemaFYSC. in addmtmen te ether requmFeFnents as specified in this sectien, the final plat,
shall contain eF be accompanied by the fellewing'.
have been PFOpeFly dedicate-EIT
2. CeFtificatien by a licensed land SUFveyOF that a survey has been made and
}"tee ems-and stakes will be
3. Gertmfocatmen by the respensible health agencies that the metheds ef sewage
dispesal and water service are aceeptab��
4. Gertmfocatmen by the engineering department that the subdivider has eemplied
a. All have been acceFdance with the reqUiFengents ef
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141
defeFFed
S. The subdovideF shall fUFnish the city a CUFFent plat ceFtificate OF title FepeFt
days PFieF te final plat applicatien, that decungents the ewneFship and title ef all
0 nteFested paFties in the plat, subdivision, eF dedicatien and that lists all Imens
and eneungbFances. The legal deSCFiptien on the title FepeFt shall be identical te
the ngeteS-and beunds legal deSCiptten6n the e of the plat. The city ---' - --
the gFanting ef the final plat, by the city eounemij
6. CeFtificatien by the King Ceunty finance depaFtment that taxes have been
paid in aCCeFdance with RGAV 58.08.030 and 58.08.040 and that a deposit has
been made with the King Geunty finance depaFtngent on sufficient ameunt te pay
delinquent special assessments and that all special assessments ceFtified te the
StFeets, alleys eF etheF public uses aFe paid On the Fight tE) FeqUiFe updates ef the ceFtifieate E)F title FePOFt at any tinge pFieF tE)
dei ete
pr
j
!I. CeFtification of appFE)val te be signed by the King County i
state. All exteFieF CeFneF and/OF angle points shall be set with Fe baF and cap.
The type ef StFeet ngenuments used shall be on aCCeFdance with eity ef Kent
standaFds and shall be installed peF these same standaFds. The licensed land
suFveyeFD. All subdivisien final plats shall be SUFveyed by a land SLIFveyeF licensed On the
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142
by the mayor, planning director, city engineer, property manager, finane-e
diFecter, the King County asseSSOF and the King County recorder n9ust be
previded en the final mylar.
E. if any utility cempanies and/eF utility districts have existing easements within
the propesed plat, the platter or its assigns shall have these easements removed
er shall have their rights subOFdonated te the city ef Kent.
F. The final plat shall be submitted te the planning department fOF review by tlg-e
city as te cemplianee with all terms of the preliminary appFeval ef the proposed
,,,,,,..vements; and cempleteness and aCeWacy ef survey data and platting
,.-,U,,eFnents. The plannin department shall distribute the final plat te all
departments and agencies receiving the Preliminary plat, and to any ether
departments, utility agenemes and ether geveFnFnental agencies as is deemed
necessary.
G. After the final plat applicatmen has been deteFFnmned te be cemplete and all ef
the plat cenditions have been met, the plat will be officially accepted and the
planning department shall set a date feF a public meeting fOF the city ceuncil te
H. Befere the final plat is submitted te the city ceuncil, it shall be signed by the
city engineer and planning dmFeCteF. After the final plat is appFeved by the city
ceuncil, it shall be signed by the Fnayer, the property manager and the fonane-e
dmrecter. The final plat shall be filed with the King Geunty auditeF by the city.
1. A cepy of the FeeeFded plat shall be filed with the planning department ar'd
ene set ef the original mylar shall be filed with the department ef public weicks.
The city ceuncil shall appreve, disappreve er return the final plat te the applicant
fer medwfocatmen and/er COFrectmen within thirty (30) days ef the date ef the city's
deteFMwnatwon ef completeness and acceptance of the final plat applicatienj
unless the applicant censents te an extension ef such tome peFied.
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143
lets,1:2.04.730 Subdivision final plat expiratmem.
if a final plat has net been submitted fer recerding within six (6) months afte
appreval by the city ceuncil, the plat shall expire and be null and veid. Te
revitalize the expiFed plat, the plat shall be resubmitted as a preliminary plat.
Gne (1) extension of no lenger than six (6) ngenths may be gFanted by the city
traets,
a I'Q ter-edT.
-%Jl 1-j by all par-toes subjeet te the eevenants previding that the par-toes agree te
G. if the alter-atien is requested te a subdivismen prier te final plat appr-eval, a
all ewner-s ef preperty within the subdivismen, and as was required by th-e
QTCIT
Itl. t'e
' CfITOTT
D. if the alteratien is requested te a subdivisien after final plat appreval, but,
pr-mer te filing the final plat with King Geunty, a plat alter-atmen n9ay be appr-eved
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144
planning department shall PFOVmde netmee ef the application te all ewneFs e
preperty within the subdivismen, and as was required by the subdivismen plat
application. The netice shall establish a date fer a public meeting.
E. if the alteFatien is requested te a subdivismen after filing the final plat witli
I(ing County, a miner plat alteration may be appFeved with censent ef the city
alteratmen, then the planning doreCteF may require Feplatting pursuant te
department shall provide netiee of the application to all ewners ef property
wothon the subdivismen, and as was required by the subdivismen plat application.
F. The eity shall determine the public use and interest in the pFepesed alteFatmen
and may deny er appFeve the applicatmen feF alteFatmen. if any land within the
alteFatmen is part ef an assessment district, any outstanding assessments shall
be equitably divided and levied against the remaining lots, parcels, eF tracts, e
be levied equitably en the IE)tS resulting fFem the alteFatmen. if any land within
the alteFatmen centains a dedicatmen to the general use of peFSenS residing within
the subdivismen, sueh land may be altered and divided equitably between
,.v,.td drawing ef the appreved alteFatmen ef the subdivismen. The final plat shall
aCeUFately reflect the appreved alteFatmen and shall be filed with the ceunty
audoteF te becerne the lawful plat ef the pFepeFty, after receiving final plat
ef any plat ef state granted tide eF shere lands.
1T04T40Procedure fer vCQeatmen of a subd' f
A. Whenever an applicant wishes te vacate a subdivismen OF any portion thereef-i
that peFsen shall file an application fOF vacatien with the planning department.
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145
subdivismen subject te vacation.
B. if the subdivision is subject tO FeStFictive cevenants which weFe filed at the
C. When the vaeatien application is specifically fOF a City StFeet eF Fead, the
vacatmen. When the application fOF the vacation ef the plat tegetheF with the
StFeets OF Feads, the PFE)cedUFe fE)F vacatien On this sectien shall be used but,
vacatiens ef StFeets may net be made that aFe pFehibited undeF state law.
D. The planning depaFtment shall give netice te all owneFS ef pFepeFty within the
te a'' applicable agencies. The heaFing examineF shall cenduct a public heaFing of
be appFeved eF denied afteF the city has deteFMined the public use and inteFest
te be seFved by the vacation of the subdivisien. if any PeFtien ef the land
centamned the subdmvmsien was dedicated to the public feF public use eF benefit,
such land, net deeded te the city, shall be deeded to the eity unless the city
ceunem! sets feFth findings that the public use weuld net be seFved in Fetaining
E. Totle te the vacated pFepeFty shall vest with the Fightful ewneF as shewn
the CeUnty FeCeFds. 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 feund that,
Fetaining title te the land is net in the public inteFest, title theFete shall vest with
by the city ceuneil. When the Fead eF StFeet that is te be vacated was centained
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146
te the vacated read eF street shall vest wmth the owner OF ewners of property
F. Thms sectien shall not be censtrued as applying te the vacation of any plat e
i i
1:2.04.745 Standards for the subdmvmsman of 'and and any dedications.
A. it us the purpose of this subseetwen te provide for the protection ef valuable,
cempatible as possible with the ecelegmeal balance ef the area. Geals are te
preserve drainage patterns, pretect greund water supply, prevent erE)Swen, and
te preserve trees and natural vegetatmen. This is beneficial te the city irl
lessening the cests ef the develepment to the city as a whole, and to th-e
subduvmder On creating an attractive and quality environment. Land which is
harmful to the safety and general health ef the future residents such as land
adversely affected by i bad drainage, steep slepes,
adverse cenditions. if any pertmen of the land within the beundary of a
prelinginary plat er approved recerd of survey is subject te subduvwded unless adequate ngetheds are previded as safeguards against these
iaccerding te Chapter 86.16i
Streams, that pertien ef the
subduvwsuen shall have the wrwtten appreval ef the State Department ef Ecelegy
befere the city ceuncil shall hear the final plat. Every reasenable effert shall b-e
made te preserve existing trees. Every effeFt shall be made te preserve existing
bodies ef water, marshes,
the subject preperty, a plan shall be presented which indicates hew the strearn
will be preserved. Methedelegy sheuld include an everflew area, and an attempt
te rnonwrnmze the dusturbance ef the natural channel and strearn bed. The piping
er tunneling ef water shall be disceuraged and allewed enly when geing unde
streets. Every effert shall be made te l(eep all strearns and bedies ef water clea-r
ef debris and pellutants.
cengmercial, er industrial land use districts, buffer strips may be previded. Ne
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147
plan for the Feplatting, subdivision, OF dedicatmen ef any areas shall be approved
by the city council unless the streets shewn therein are cennected by a surfaced
read OF street according te city specificatmens to an existing Street OF highway.
The location ef all Streets shall conform te any adepted plans fOF Streets on the
i=itv_ The pr epoi%d Street iostc.i ii shall extend icy existing Streets at the same Or
greater width, unless otherwise appFOved by the engineering department. All
preposed street names shall be appFeved by the city. Streets intersecting With
existing OF pFepesed public highways, maJOF OF secondary arterials shall be held
}e
Cede,C. The alignment of all Streets shall be reviewed and appFeved by the pubk
WOFI(s department The follewing standards shall apply unless Otherwise
appreved by the public WOFks department in consultatmen with the planning
services office and the fore prevention division:
1. Where street intersectmens must be effset, such effsets shall net measure less
than two hundred (200) feet fFeM the centerline te center
2. Resmdentmal eul de sacs shall not exceed a length Of five hundred (500) feet.
3. NO Street grades shall exceed fifteen (15) percent. A grading permit shall be
iequiied as per the international Building Code, the intefflatmenal Residential
Or ether applicable buildingcedes,
Streets,as adepted and amended in Ch. 14.01
4. A tangent Of at least two hundred (200) feet On length shall be provided
between reverse curves fer cengrigunity Or n9ajOF artermals, one hundred fifty
and one hundred (100) feet fe
resmdentma' access Streets.
S. Where a deflectmen angle Of MOFe than ten (10) degrees on the alignment Of a
Street Occurs, a curve Of Feasenably leng Fadmus shall be Gn streets
sixty (60) feet OF mere in width, the centeFline radmus Of CUFvature shall be ne
less than three hundred (300) feet and on other Streets it shall be net less thanr
One hundred (100) feet.
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148
6. All changes on gFade shall be connected by veFtical CUFves ef a minimum
length ef two hundred (200) feet unless specified otherwise by the public weFks
7. All stFeets shall be platted at full width. All StFeet OMPFE)vements shall be Of
full width iMpFevengent. Full width shall consist Of the fE)I!Owmng:
a. All StFeets, Feads, and alleys shall be gFaded te theiF full width and the
pavement and sidewalks shall be COnStFUcted to standaFd eFess sectie
b. All StFeet and alley SUFfaces shall be ef asphalt cenEFete aCCOFdong to city
d. All StFeets shall have SteF199 dFains censisting ef the pFepeF size pipe and catch
basins eF epen ditch which is te be deteFR9ined at the tome ef the public heaF"-g
feF the pFelinginaFy plat. WheneveF open ditch is allewed, ne closed dFains may
be installed except aCFOss an authOFized dFivewa�-
have sidewalks, with a minimum ef five (5) feet width on at least ene (1) side.
f. All StFeets shall have StFeet lighting lecated and installed on acceFdance wmtl!l
the standaFds of the public weFl(S depaFtment as follows:
-Street Type Maximum Lighting He4j
R esi de n t 0 a 1 S t F-l-8- eel
CHI de sae 18 fee',
StFeet light heights and spacing shall censideF the canepy and Feet system
g. StFeets which may be extended on the event ef fUtUFe adjacent platting may
than an average let shall be impreved with temperary turnareunds. Dedicati
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149
Be net less than five (5) feet in width-7
Be lecated between CUFbs and sidewalks, except on cul de sac StFeets;
by the public WeFl(s h. Planting StFOPS aFe FeqUiFed on Fesidential subdivisions and shall:
and fore pFevention in cOnsultatien with the planning services effice
i
leaves, asseematien. Maintenance includes wateFing, FeMeval Of fallen
fallen bFanches,
thongs as i tFiR9FAing, i Femeval of dead eF dying trees,
ef
nseet and dosease centre'.
i
as defined in the CeMpFehensive plaig-,
must be adheFed to Of full pavement OS FeqUiFed:
Standards Street DesiRight
(feet) (feet)
�GpO S
Mmner Ante r'-,I TQ
Renodentmal Arterual 56 36
Resmdcntm lcral Street 49 2-8
G��Ira' de Sa-e 4-5 2-&
Where full pavement OS nOt FeqUiFed, the right ef way widths shall remain the
same for the type ef StFeet defined On the CeMpFehensive plan. The imprevemen
may consist of twe (2) eleven (11) feet dFiVing lanes and twe (2) eight (8) f
sheuldeFs and twe (2) six (6) feet drainage sectiens and twe (2) five (5) feet,
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150
tram! purpeses.
shall PFOVmde CUFb bulb euts at each plat entFance, or shall pFeVide curbs
n9eFe appFOPFmate to site eenditmens by the public werks department,
censultatmen with the planning seFViees effice and fore prevention dovismon--.
b. Mmd bleek chekeFs are Fequired on bleeks greater than five hundred (500) feet
with the planning seFVices effice and fore pFeventmen division. These options
Traffic CiFeles;
Chokersi
Ch.caneS,iand
n9amntamn. Such nonpublic StFeets n9ay seFve net ngere than nine (9) lets. These
StFeets shall have asphaltic eF CenCFete SUFface. The n9iningum paving width fe
II ced resldentma' access StF2etS shall b2 twenty (20) feet.
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151
HeweveF, a sidewalk is nOt Fee iFe d on limited _si dential access StFeets seFVing
weed,feUF (4) OF less dwellings.
D. A minimurn ten (10) feet wide peFimeter strop ef type 11 landscaping and
fencing shall be pFevided along the subdivismen peFimeter wheFe it is
access to ondovidual lots. The landscaping StFip shall include an autematic
0 FFigatien system sufficient to enSUFe SUFVival ef the planted mateFials. Fencing
/
planning manageF shall be lecated between the landscaping StFip and the
StFip shall be located in a sepaFate tFact and shall be depicted on the final plat.
/ / / / / / / /
/ / /
These utonotmes to be lecated in the planting StFip shall be placed on such a
manneF and depth te peFrnit the planting ef tFees. These utilities te be lecated
B. Unless septic tanks aFe specifically appFeved by the city, sanitaFy seweFs shall
be pFeVided at no cest te the city and designed in acceFdance with city
standaFds.
flew and shall be ef sufficient length te peFMit fUll width readway and FeqLAiF
feFMula, but in ne case shall be less than twelve (12) inches.
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152
D. The water doStFobutmen system including the locations Of fire hydrants shall be
designed and aCCeFdance with city standards as defined by
1:2.nA 7rr n..'_':. use and
trees, servmee areas.
Due censodeFatwen shall be given by the subdivider te the allecation erl
adequately sized areas feF public service usage. Easements may be reqUmFed fer
the rnaontenance and opeFatmen ef utilities as specified by the
department. Due regard shall be shewn feF all natural features such as large
waterceurses,
histerical spets and similar cemmunity assets which,
preserved, will add attractiveness and value te the prepert�-
^f AA 760 B'eek-s
Bleeks shall net be less than three hundred (309) feet ner mere than ene
theusand fave hundred (1,599) feet in length. Where eireum-stanees warrant, the
hear-Ong examiner may require ene (1) er- mere publie eresswalks of net less
than sox (6) feet On width Eledmeated te the eity te extend entirely aeress the
paved fOF their entire width and length with a permanent surfaee and shall be
adequately lighted. Bleeks shall be Wide eneugh te allew twe (2) tiers ef lets-,-
er- size ef the preperty, in whieh ease the hearing examiner n9ay appreve a
single tier.
/ /
te euFved street !ones. Each lot must front upon a public street eF read. The lnsefaF as practical, side let lones shall be at right angles to Street lones eF Fadma4
shape, and eFientation ef lets shall meet the miningum area and width
the type of development and use eenterriplated. CE)FneF lets ngay be required te
be platted with additional width to allow for the additional side yard
,.-,U,,eFnents. Lets which are beFdeFed by twe (2) mere or less parallel street-s
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153
shall be permitted access to only one (1) of these streets. All 'Ot COFneFs a
0 nteFseetmens of dedicated publiC Fights ef way shall have MiniMUM Fadmo of
fifteen ( 5) Feet
be lecated as deteffnined by the engineeFing depaFtment. All SuFveys shall be of
secend degree accuracy. The use ef state plane ceerdinates is encouraged. All
ether let cerners shall be marked wuth suutable ngetal er weed markers.
B. Street signs. The subdivider shall reornburse the city en the cest of the public
street nange signs and unstallatmen necessary in the subdivision. The subdivide
at hws cest shall install street nange signs en all private streets the subdivisien.
the subdovismen has average slopes greater than fifteen (15) percent and On
which any street On the subdivision has grades greater than seven (7) percent at,
te pretect the unique env w renment and te deal with additmenal drainage and
-. --,.n preblerns present in such areas. The fellewing standards shall apply te
12.04.770(A) and (B) which shall apply unless speeifically excepted:
1. inferngatuen concerning the igeolegy, drainage patteffis,
and vegetatmen-
shall be presented in erdeF te determine Of the subdivisien can be safely
dero�
2. Detailed plans fer any prepesed cut and foil eperatmens shall be submitted.
These plans shall include the angle ef
i i
walls.i
3. StFeets may have a gFade exceeding fifteen (15) percent and street widths
may be less than these Fequired in KCC 12.04.745(C)(6) and (C)(7)(a)
feund that traffic generated will be less than On a nenhillside subdwvmswen-.
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154
largeF than these On less steep aFeas ef the subdilvIl,-.,".-,-,.
S. Any eleaFing OF grading shall be aceempanied by eresien control ngeaSuFes as
Gross reference(s) View regulations on hillside develepment, §4. Lots may be required to be IaFger than minimum lot sizes FequiFed by KCC
bone �l KCC Totl o I width,
6iirn-rrcci--i-rrT.�-c-rrtT2-��. s��F� rs�-t� 6��f��R/Ta-cr
depth,-et-e-.
Streets;B. The Fegulatiens ef KCC 12.04.745 through 12.04.770 shall apply unless
specifically excepted. in additien, the fellewing standards shall apply to zero let
1.
systems, it may be necessa-, fe- the city to require public rights ef way to be
led wothin the development. When the pFevosien ef such rights ef way
necessary, the right ef way width, paving width, and ether standaFds shall b-e
shall be applied aleng these Fights ef way.
b. Nenpublic streets. Ownership ef Private streets not epen te public corculatu
curbs and sidewaiks.
asseciatien and shall be their respensibility te
maontamn. These StFeets shall have asphaltic eF cencrete surface, and cencrete e
asphalt curbing shall be previded aleng beth sides ef all streets except wher-e
cellecter StFeets within the zere let line develepment shall be twenty feur (24)
feet. The munong.— wmdth feF all Fesidentual access streets shall be twenty
(20) feet. A five (5) feet wide sidewalk shall be previded en ene (1) side ef th-e
StFeet, as a min w mung. Hewever, a sidewalk is net required en limited access
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155
streets seFVmng twe (2) OF less dwellings. in additmen, guest paF!(mng shall be
. led at a Fate of 0.5 guest paF!(l'ng spaces peF dwelling unit beyend the
2. Installation of utilities. All utilities designed te seFve the development shall be
placed undeFgFeund. Any utilities located On a planting StFop shall be placed �R
such a manneF and depth to peFMit the planting ef tFees. These utilities to be
located beneath paved SUFfaces shall be installed, including all seFVmee
cenneetmens, as appFOved by the public WeF!(s depaFtment. Such installation shall
Easements may be FeqUmFed fOF the maintenance and epeFatmen ef utilities
designed on aCCeFdance with city standaFds.
b. Storm drainage. An adequate drainage system shall be pFeVmded fer the
preper drainage ef all surfaee wateF. Gress drains shall be pFevmded te
accemmedate all natural wateF flew and shall be ef sufficient length te peFMmt
full width readway and required slepes. The size epenings te be previded shall
be deteFMoned by Talbot's feFMula, but On ne case shall be less than twelve (12)
0 nehes. All mebmle heme paFtS must comply with city drainage erdinances.
e. Water system. The wateF doStFobutmen system including the lecatmen Of fiF-e
hydrants shall be designed and installed in aCCeFdance with city standards as
EYCGCTfeal Cede. Permotsshallbe obtamned fFeM the State Electrical TY,e-.,ectmen
�.
-r
DoT�Tr
Gress reference(s) Zero let to e dey_Innment § 15.08.300 Pr seq.
1:2.04.778 Clustering in urban separators.
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156
setback ,PUFSuant te this sectien when the PFOpeFty iS located within eF centains an UFban
sepaFatOF as designated en the City of Kent CengpFehensive Land Use Plan Map.
B. Cluster subdovosmens shall be subjeet te the develepment standards outlined On
KCC Tmtle 15. These standards inelude miningung let size, width, yaFds,
applicable pi=evisions ef this chapteF, shall apply unless specifically excepted. in
2. Permitted uses. The clusteF Fesmdential develepment eptien shall include enly
single family Fesidential uses,
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 s�ze. in the interest of enCE)UFagong flexibility On site design and the
preseFvatien ef epen space, the minimum lot size ef individual building !E)t-s
exceed-Ong eight (8) units. TheFe may be MOFe than ene (1) cluster per preject.
Separation between cluster gFeUPS shall be a miningum ef ene hundFed twenty
i 1 7 nest.
6. Let width. The miningung let wmdth feF indovmdual building lots in a cluster
subdivosmen shall be thirty (30) feet.
7. Other development standards. Develepment standaFds etheF than let size
let wodth shall be the same as aFe required within the zening district On whieh the
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157
nenCOnStFained aFea ef the parcel includes a'' areas of the parcel, minus critmeal
areas, as defined On RCW 36.70.030(5) as CUFFently and hereinafter 8. Common epen space. The congmen open space in a clusteF subdivision shall
and buffers. The rernamndeF of the noncenstFained aFea ef the paFeel shall be the
clusteFing shall be lecated and cenfigured On the manneF that best cennects and
Meets—aFea wildlife habitat, creates cennecti vity between the epee s-paee
previded by the clustering and ether adjacent open spaces as well as existing eF
planned public paFl(s and trails, and maintains seenic vistas. CFmtmeal aFeas and
buffeFS shall not be used On deteFmining let size and cemmen epen space
,.-,U,, ements on _a cluster subdivismen. All natural features (such as streaFns and
their buffers, significant stands ef tFees and FeCk euterepping), as well as
sensitive aFeas (such as steep slepes and wetlands and their buffers) shall be
preserved.
_
FnanneF that degFades adjacent envirenngentally sensitive areaS, FuFal areas,
OF resoffee
/ /
between the epen space previded by the clustered develepngent and adjacent
epen / degrades wildlife /
and impairs the FeeFeatienal benefits
ed by the residents of the development. Such common open spaces may
e estdents ef the— moment, cenveyed to the =ite with the city c censent
and approval eF to anetheF party upon approval of the city ef I(ent.
/ § 7, 3 20 Olj Ord. Ne. 3663, § 5,
1:2.04.779 Clustering in residential zones outside urban separators.
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158
use ef land on haffnOny with its natural chaFacteFmStmCSi te pFeseFve FAE)Fe Usable
deSiFed chaFacteF ef the zene, allewing lets te vaFy in size and shape, whole stiff
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 peFtmens of this chapteF, shall apply unless specifically excepted. in
B. The purpose ef this cluster development option is as follews: to peFmmt,
single family Fesidential uses, as defined in KCC
2. Permitted uses. The clusteF Fesidential develepment eptien shall include enly
4. Permitted density. The maxingum numbeF ef dwelling units peFFnmtted on a
clusteF development shall be nO gFeateF than the numbeF of dwelling Units
allowed fer the parcel as a whele feF the zoning district On which Ot is lecated.
S. Let s�ze. in the mnteFest of enCeUFagong flexibility On site design and the
pFeseFvatmen ef epen space, the minimum lot size ef individual building lots
Feduced by twenty five (25) peFeent of the minimum lot size fer the underlying
zening dmStF C}
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159
size,6. Let width. The minimum lot width for mndmvmdual building lots on a cluster
subdmvosmen shall be thirty (30) feet. The hearing examiner may allew a shared
driveway easement to be included On the minimum lot width ef irregular lets-,
pFeVided the total driveway width is ne greater than twelve (12) feet.-
7. Other development standards. Development standards other than lot size
lot wodth shall be the same as are required within the zening diStFiCt on which the
cluster residential develepment is lecated. Design review 0 s required fE)F cluster
develepment Projects using the review criteria on KCC 15.09.045(C), Multifamily
design
a. The pFepesed cluster develepment project shall have a beneficial effect UpeFf
achieved by traditional let by let develepment, and it shall net be detrimental to
existing er petential SUFFeunding land uses as defined by the cemprehensive
b. The propesed cluster develepment preject shall be cempatible with the
existing land use OF PFE)peFty that abuts OF is directly aCFeSS the street from the
subject pFepeFty. Cempatibility includes, but is not limited to, apparent
scale, mass, and architectural design.
c. Unusual and sensotive envmFenmental features ef the site shall be pFeservedi
maintained, and onceFPOFated inte the design to benefit the develepment and the
d. The pFepesed cluster develepment preject shall pFeVide epen areas by using
techniques such as separatien ef building gFeUPS, use ef well designed epen
space, cernmen er shared space, and landscaping. Open space shall be
0 ntegFated within the cluster develepment PFE)jeCt Father than be an iselated
element of the p ct
0 nnevatmen on site and building design and shall include aFchiteCtUFal and site
features that premote community interaction and accessibility, such as perchea,-
de emphasized garages, shared driveways, sidewalks/ walkways, and adjacent
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160
but contrast shall be provided thFougheut the site by the use of vaFied materials,
aFehmtectuFal detailing, building scale, and common areas. Buildings shall be Felated by common mateFmals and Foof styles,
areas,f. Building design shall be based on a unified design concept, paFtmeu!aF!y when
construction is in phases.
9. Common open space.
a. The common open space On cluster subdivisions shall be a minimum e
twenty five (25) percent of the entire parcel, whether or net the parcel is
constrained by critical areas or buffeFs�
b. PaFl(mng areas, public Fights of way, maneuvering areas, Feads, steFage
driveways, and yards within individual lets shall not be common open-
c. The common open space tracts created by clustering shall be located and
CenfigUFed in the manner that best connects and 'increases pFetective buffers fO
.,,V,,onmentally sensitive areas, connects and protects area wildlife habitat,
Creates connectivity between the open space pFevided by the clustering and
ether adjacent open spaces, as well as existing or planned public paFl(s and
trails, and maintains scenic vistas.
d. All natUFal featUFes (such as streams and their buffers, significant stands of
trees, and FOCI( E)UtEFepping) as well as sensitive areas (such as steep slopes and
wetlands and their buffers) shall be preserved.
e. Future development of the commen open space shall be prohibited. Except as-
specified on Fecerded documents Creating the common open space, all Een9n9en-
manner that degrades adjacent environmentally sensitive areas, rural areas,
---.-.'Itural areas, or reseffee landsi impairs seenic vistas and the connectivity
between the open space provided by the clustered development and adjacent
open spacesi degrades wildlife habitatj and mmpamFS the Fecreatmenal benefits
enjoyed by the Fesidents of the development.
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161
f. (DwneFship ef such common open spaces may be Fetained undeF owneFship by
.
1:2.04.785 Design standards far industrial and eemmeremal pi
the r-equir-ements and minimum standards ef residential design exeept as-
. led On thms seetien.
B. The street vvmdths shal' be as fellews:
Right of way width Pavement
feet feet
!nElustr-mal nrt r;9G
rrra-ciscr-Fa-r
8G 44
Celled.
�vr
!nElustr-mal neees6G -36
StFeets
Alleys z� —
G. All mndustr-mal arterial (ninety (90) feet right ef way), industr-mal eelleeters
(eighty (89) feet r-ight ef way), and eemmeremal streets (sixty (69) feet r-ight ef
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162
way) shall have sidewalks a minimum of five (5) feet On width, on both sides.
0 ndHStEFial and commercial access Streets which are also through Streets shall
have sodewalks a minimum of five (5) feet On width, on one (1) side.
D. All lot corners at intersections of dedicated public Fights of way shall have a-
MiROMUM Fadim of twenty five (25) feet—.
E. if railroad tracks are to be installed in a subdivision, such tracks and theif
route shall be shown on the face of the preliminary plat.
F. Blocks shall net be less than sox hundred (600) feet or More than twe
thousand (2,000) feet in length. Blocks should be net less than three hundred
(300) feet On width, except where fronting 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. Blocks should net be greater than
one thousand (1,000) feet On width.
G. Lots are optional and commercial subdivisions. The size, shape
and orientation of lets shall meet the minimurn area and width requirements e
the applicable zoning classification and shall be appropriate for the type of
development and use contemplated. However, Of lets for individual sale or lease
are Created, they shall conform to the fellewing criteria:
1. insofar as practical, side let lines shall be at right angles to Street lines E)
radial to CUFved street Mes.
2. Corner lets may be required to be platted wider than interior lets as
determined 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
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163
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. T i".Flanning services effiee-shall distribute copies of the application
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 thi 30G)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 addit;^
The meeting may be Ea++edcontinued 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
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164
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
the hearing examiner and filed with the—planning servicese. 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.);
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165
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;
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. 1595 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 recent 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.
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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.
(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 defi, domestic
water supply, sanitary sewer, drag nagewaysstormwater 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 accesswaysaccess 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.
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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 the—King County auditeFfs
e#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 eendmtmens to whieh the binding site plan is subject,
any applicable irrevocable dedications of property. The binding site plan shall
contain a provision requiring that any development of the site shall be in
conformity with the approved site plan and any applicable development
regulations subject to the vesting requirements of this chapter.
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.
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(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
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 effiee—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
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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
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 auditer's 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.
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(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 c^^}=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.
(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 £hap 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.
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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 pie—pedestrian walkways; and
existing and proposed open space area.
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, drainage
d+tehesstorm 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;
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xii. Occupancy classification.
4. Contain the name of the proposed development and the title, "Binding Site
Plan" shall be at the top of the plan, in large print, together with the statement
required pursuant to RCW 58.17.040 (7)(e), prominently displayed on the face
of the site plan map.
5. Contain the statement: "The use and development of the property must be in
accordance with the plan as represented herein or as hereafter amended,
according to the provisions of the binding site plan regulations of the city and
any division of the land subject to this plan shall not take place until the
development or the portion thereof to be divided is subject to Chapter 64.32 or
64.34 RCW."
6. Contain the statement: "The Feads and utilities shevvn on this plan need net,
be censtFucted and/E)F installed at the tome that the pFepeFty subject 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 development of the land as reqUiFed PUFSuant to the appFevals set fE)rth
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
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173
maneuvering, public and private utilites, and other public needs according to the
design and construction standards of the public works departments
StFeets, etheF publie ways, wateF supplies, open space, and sanitary wastes, feF
2. Comply with all building code requirements;
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 cenditiens 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 Chapter RCW 58.17 wand ' tiens f the bd isien
rvivivrarrvrrs-v�ciT�,suo ardTsrorr
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—, e-R
Graphic Sscale and north point
must be on the map;
2. Size eighteen (18) inches by twenty-terra-four (24-2) inches;
3. Legal description of the total parcel shall be shown on the final linenbindin
site plan. All legal deser-aptiens shall be metes and beunds deser-optiens r-efleeting
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within the deseriptiens toes to all subdivisien lines, donation elaim 'Ones and/E)
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 linenbinding site
plan;
S. All cenditiens, limitations, and requirements feF the use and development of
the land as reqHiFed pursuant to the approvals set forth On KCC 12.04.855 or the
appFeval ef the binding site plan committee shall be appFeffiately set fOrth ef
refeFenced. Building peFMit numbeF, if applicable, shall be shewn on my'---
TUT 7
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 Race 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 ;n 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 effiee, 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)
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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 effnee. T- -yRlanning services effiee
shall determine what information shall be submitted with a request for an
amendment, based on the type of modification being requested. Any
amendment to an approved binding site plan must be reviewed by the binding
site 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, ex
� and recorded
TeeeF with 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 s^�kencroachments, 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 an
additional lots parcels or tract. All lines being adjusted must be between lots
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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.
Any person who desires to change the location of a lot line on land in the city
should consult with thre-planning servi:esdepaFtmefft at an early date on an
informal basis in order to become familiar with the requirements of this chapter.
The public works department, fire department and building services division
shall also be consulted at this time for
advice and assistance in understanding the impact 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 thre-planning services, 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,
;
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4. A copy of the existing legal description for both all parcels;
5. " metes and beun s Legal descriptions of the proposed new lots_ if other th
a platted let.
(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)
2 0 925. Be
of a pl.�i.�.�ess
--_- - _-- --_-- -------_._.. _. _--fir--_-..---_
Within five (S) ealendar days ef reeempt of a let line adjustment applieatien, the
planning department shall review all ef the materials submitted and deter-mine
whether- the applieatien is eemplete er- incomplete. if ineemplete, the planning
department shall send the applieant a letter identifying what infermatien is
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days to submit the necessaFy iRfeFmatien te the eity. if the applicant eithe
shall lapse because of a lack ef infOFmatien necessaFy tO complete the Feview.
Within five (5) ealendaF days afteF an applicant has submitted the Fequested
and shall netify the applicant in the same manneF. if the lot line adjustment
applicatien and acceptance ef the applicatien by the city.
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 €+tee-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
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(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)
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)
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12.04.945 Decision on lot line adjustments.
A. T#e— Rlanning services will review and approve the proposed lot
line adjustment after receiving a complete application and providing an
opportunity for comment from other city departments and affected agencies.
The planning diFeeteimanager 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 dii=eetermanager. 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 assesseF'S e,;fnee and to the
public works department.
B. If modifications are deemed necessary by the planning diFeete manager, 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 Finanager 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 Gh. 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.
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(Ord. No. 3511, § 3, 5-16-00)
12.04.960 Recording lot line adjustments.
A lot line adjustment does not become effective until it and the appropriate
deeds are recorded with King County er'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-I=�,—Kin9 County ffiee
(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
wA5 HINOTON Phone: 253-856-5454
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
November 17, 2008
TO: Chair Jon Johnson and Land Use and Planning Board Members
FROM: Matt Gilbert, Principal, Planner
RE: Hazardous Materials Related Conditional Use Permits Processed
ZCA-2008-1
Staff Report for the November 24, 2008 LUPB Hearing
SUMMARY: Based on comments from applicants and 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 substance land use facilities that would not otherwise have been
imposed by existing codes. Staff proposes amendments to the Zoning Code to
streamline the permit process.
BACKGROUND:
1. HAZARDOUS SUBSTANCE LAND USE FACILITY REGULATIONS
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 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, they
apply to more common and smaller-scale distribution and manufacturing uses that
handle or use hazardous substances as part of normal operations.
184
MEMORANDUM:
Chair Jon Johnson and Land Use and Planning Board Members
November 17, 2008
Page: 2
These regulations are contained within Kent's Zoning Code and prohibit
hazardous substance land use facilities, for instance, from locating within 200 feet
of a stream, within 1/4 mile of a public park or recreation area or within 500 feet of
any residential zone.
Since 1988, many new regulations outside of the Zoning Code have been
adopted that supplement the zoning standards related to hazardous substance land
use facilities. For example, standards that require building setbacks and buffers
between all new buildings and environmentally sensitive areas provide enhanced
protection. More significantly, sophisticated fire and life safety standards have also
been adopted that require specific, and often redundant measures for spill
containment, proper separation of incompatible chemicals, and fire protection for
chemical storage areas. Modern building codes also provide enhanced protection
from risks associated with chemical use and storage.
2. PERMIT PROCESSING
In addition to specific restrictions on where hazardous substance land use
facilities may locate, the Zoning Code establishes a permit process for reviewing
these land uses. In the same way that the code broadly addresses hazardous
substance land use facilities, the permit processing requirements use a similarly
generic approach. In Kent's commercial, industrial and agricultural zones, the
Zoning Code prescribes permitting processes based on quantities of hazardous
substance involved in a particular land use. Generally, uses that accumulate more
than 20-40 drums (or equivalent) of hazardous substance on a site are subject to a
two step permitting process. The first step is a Conditional Use Permit (CUP)
process, followed by review of construction drawings through building permit
review. Uses that accumulate less than the 20-40 barrels quantity are subject to a
one-step building permit process.
The purpose of a CUP is to allow proper integration into the community of
uses which may be suitable only in certain conditions, in specific locations within a
zoning district. In addition to review by City staff, CUPS require public notice and a
public hearing conducted by the City's Hearing Examiner, who issues a final
decision for each proposal to approve, deny or approve with conditions. Generally,
additional conditions are added through the CUP process only when the hearing
examiner finds that existing codes and ordinances are inadequate to address
specific concerns. The CUP process typically takes about five (5) months and
involves significant staff time to prepare the required analysis and reports. Review
of construction drawings, and issuance of a building permit typically follow the CUP
decision.
185
MEMORANDUM:
Chair Jon Johnson and Land Use and Planning Board Members
November 17, 2008
Page: 3
Kent's current permitting requirements state that all hazardous substance
permit applications over the quantity threshold be processed similarly, regardless of
the type of activity occurring at the site. Accordingly, a warehouse that handles
packaged bags of home garden fertilizer as part of a larger operation or a laundry
facility that includes indoor tanks of detergent would be subject to the same permit
process as a large hazardous waste disposal site.
Staff has reviewed hazardous substance related CUP's processed since 2001
and found that with rare exception, conditions imposed on these accessory type
uses through the CUP process do not relate to storage, use or handling of
chemicals. Most often, conditions are redundant with the Zoning Code and relate to
landscape buffering or site lighting, which is typically addressed during building plan
review. The siting restrictions in the Zoning Code as well as Fire Prevention and
Building related standards have effectively eliminated the need for additional
conditions to be imposed through the CUP process.
3. CONCLUSIONS
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 that include hazardous materials. In conjunction
with the siting restrictions in the Zoning code, these regulations are adequate to
ensure that accessory hazardous substance land use facilities do not pose a threat
to the public interest, and are compatible with surrounding uses. This is evidenced
by the consistent lack of substantive conditions imposed through the CUP process.
Amending the Zoning Code to remove the CUP requirement when a
hazardous substance land use facility is accessory to a principally permitted use is
appropriate. The Zoning Code defines Accessory Use as "... of a nature customarily
incidental and subordinate to the principal use...." As integration with surrounding
uses may be a more sensitive issue in Kent's lower intensity commercial zones (i.e.
NCC, CC, DC and DCE), the proposed amendment should be limited to the more
intense commercial zones (i.e. GC, CM-1, CM-2), agricultural zones (i.e. A-10, AG)
and the industrial zones (i.e. MA, M1, M1-C, M2 and M3).
Conditional Use permit review is appropriate when hazardous material use or
storage is the primary element of a proposed use. In this instance, the existing
Zoning Code regulations should remain.
186
MEMORANDUM:
Chair Jon Johnson and Land Use and Planning Board Members
November 17, 2008
Page: 4
4. RECOMMENDATION: Proposed amendments to Kent City Code 15.04.040
and 15.04.050 are as follows:
15.04.050. Manufacturing land use development conditions.
7. For permitted uses, accessory hazardous substance land uses,
including onsite hazardous waste treatment or storage facilities, which are not
subject to cleanup permit requirements of Ch. 11.02 KCC and do net ,cute
site,mere than twenty theusand (20,000) peunds ef hazardeus substances er wastes or
subject to the provisions
of KCC 15.08.050, except offsite hazardous waste treatment or storage facilities,
which are not permitted in this district. Fuel farm facilities are not allowed in the
AG or A-10 zones.
8. FOF peFMitted uses, accessory hazaFdous substance land uses wh
er wastes eF any eembinatien theFeef at any one (1) tome on the site, subject to the
;n the "ms-e r- A 10-zenes.
!I. FOF permitted uses, hazaFdous substance 'and uses, including ensite
hazaFdeus waste treatment eF sterage facilities, which aFe net subject te cleanup
per-.-.9itt d On this .distr-m t
tome,12. Fer permitted uses, aeeessery hazardeus substanee land uses wh
MeFe than ten thousand (10,000) peunds of hazardeus substances er wastes eF any
cembonatmen theFeef at any ene (1) tome on the site or which handle more th
/
187
MEMORANDUM:
Chair Jon Johnson and Land Use and Planning Board Members
November 17, 2008
Page: 5
15. For permitted uses, accessory hazardous substance land uses,
including onsite hazardous waste treatment or storage facilities, which are not
subject to cleanup permit requirements of Ch. 11.02 KCC—and neh de net,
site,accumulate MOFe than twenty thousand (20,000) peunds of hazaFdous substances
subject to the
provisions of section 15.08.050. Offsite hazardous waste treatment or storage
facilities are not permitted in this district, except through a special use combining
district.
16. FeF peFMitted uses, accessory hazaFdous substance land uses wh
are net subject te cleanup permit requirements ef Ch. 11.02 KCC and which
previsiens of KCC 15.08.050. Gffsite hazaFdous waste treatment OF storage faciliti
18. For permitted uses, accessory hazardous substance land uses,
including onsite hazardous waste treatment or storage facilities, which are not
subject to cleanup permit requirements of Ch. 11.02 KCC and which do net
site, subject to the
provisions of KCC 15.08.050, except offsite hazardous waste treatment or storage
facilities, which require a conditional use permit in this district.
19. FOF peFMitted uses, accessory hazaFdous substance land uses which
are net subject te cleanup peFmit FeclHiFements ef Ch. 11.02 KCC and which
a. Offsite hazardous waste treatment or storage facilities, subject
to the provisions of KCC 15.08.050.
b. Any hazardous substance land use that is not an accessory use
to a principally permitted use.
188
MEMORANDUM:
Chair Jon Johnson and Land Use and Planning Board Members
November 17, 2008
Page: 6
The proposed deletion of entire sections will cause a renumbering of 15.04.050 KCC
and corresponding adjustment to the notes in 15.04.040 KCC.
S:\Permit\Plan\ZONECODEAM EN D\2008\ZCA-2008-1 HazSubLdUseFac\LUPB\112408_LUPB Haz Mat Memo-TrackChanges.doc
I M4,040 Kent City Code 189
zoning Districts
Key h .�_. o •c
P=Principally ti
s7 o a p
Permitted Uses
S=Special Uses c _ = N E m a
C=Conditional Uses •F U1 In N •S _ a e o C La
�Accessory Uses O p O —' li U «. w on v
6 cn cm- •a m 'a p N 0 E a. :o c _m W •c ,C
c ro c 61 e m c e E w O n m �
p p 070_ a ro N cj (U . in ` c""q A'
p E .y Y m
rfn
r cr ECC ¢ a glb C j E �' E a u E N O >
w a a o E E _ _ 01 p Y •= a
E m E 'E E 'E .N p In E o C) o U 2 CL w V
1° v µ ro m m m c r o V c P H o is ¢ tZ u a
❑ c u_ d, LL 4 x .y .B m E m S ❑ c 3 m Q� U 'c c c sd
m m rn d +n > > C ar _ E E
3 o, cm 'a 5 M o v or a Gh E c 3 Ep
> = c C7
d cc iT) uD 07 CO 2 a 0 0 m v 0 E y
o ¢ m c� m C F H C> 2 tL U V ❑ LL 7 N c7 { c} zi 0C)
C9 CL cc CC cc M cr = C] V U V C) N m
CO to 2 2 z C) C C C] V 0 O
Manufacturing and assem- P P P P P P P
bly of electronic and elec- (3) (a) (29)(29)(29) (29) (2)
trical devices,and C
automotive,aerospace, {t)
misek airframe,and
similar products
A A A A A A A A A A A A A A A
Hazardous substance land (7) (7) (9) (9) (9) (9) " (" " (9) (7) (15)(15)(15)(18)
uses -Gb •$ +a. B -9 ago C
{9} t9j " 16*64 t+9)h+P}{1 g)
Offices incidental and nec- A A A A A P P P P P P
essary to the conduct of a
Principally permitted use
P P P P P P P
Warehousing and distribu. (26) (20)(20) (2D)W)(20)08)
Tian facilities C C
(35) (1)
C C C P P
Rail-truck trarlefer uses (17) (21)(21)(22)(14)
C
{1}
Outdoor storage(Including P p A A A A C P
truck,heavy equipment, A C
and contractor storage (1}
yards as allowed by
development standards.
KCC 15.04.190 and
15,04.195)
Miniwarehousas sel-stor- C P P [ P
age (23)
Manufacturing of Soaps, C P
detergents,and other C
basic cleaning and (1)
cleansing preparations
Manufacturing DI plastics P
and synthetic resins
(1)
Manufacturing of synthetic C P
and natural fiber and cloth C
(1)
Manufacturing of plywood, C P
composilion wallboard. c
and similar slruCIUMI f i}
wood products
Manufacturing of nonmetal. C P
lie mineral products such C
as abra9lves,asbestos, (I}
chalk,pumice,and putty
(Revised 2/O6) 15-38