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City Council Committees - Land Use and Planning Board - 12/14/2009 (3)
ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director PLANNING SERVICES Fred N. Satterstrom, AICP, Planning Director Charlene Anderson, AICP, Manager KEN T Phone: 253-856-5454 W A 5 H INGTON Fax: 253-856-6454 Address: 220 Fourth Avenue S Kent, WA 98032-5895 AGENDA LAND USE & PLANNING BOARD HEARING & WORKSHOP DECEMBER 14, 2009 7:00 P.M. LUPB MEMBERS: CITY STAFF Dana Ralph, Chair Charlene Anderson, AICP, Planning Manager Jack Ottini, Vice Chair Gloria Gould-Wessen,AICP, Planner/GIS Coordinator Steve Dowell Matt Gilbert, AICP, Principal Planner Alan Gray Kim Adams Pratt, Assistant City Attorney Jon Johnson Pamela Mottram, Administrative Secretary Aleanna Kondelis-Haplin Barbara Phillips This is to notify you that the Land Use and Planning Board will hold a Public Hearing followed by a Workshop on MONDAY, DECEMBER 14, 2009 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 the proposed amendment may do so prior to or at the meeting. The agenda will include the following item(s): 1. Call to order 2. Roll call 3. Approval of the November 23, 2009 Minutes 4. Added Items to Agenda 5. Communications 6. Notice of Upcoming Meetings 7. PUBLIC HEARING: CPZ-2007-2 MIDWAY DESIGN GUIDELINES (Gloria Gould-Wessen) Consideration of the Midway Design Guidelines, a framework of design options to guide Midway's redevelopment and that supports the extension of high capacity light rail transit into the area. WORKSHOP: 1. SCA-2009-1 TRACT DEFINITION REVISION (Matt Gilbert) Discussion on revising the definition of tract' as it relates to future development tracts. 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 report or text of the proposed amendment(s) contact the Planning Services office at(253) 856-5454. You may access the City's website for documents pertaining to the Land Use and Planning Board at: http://www.ci.kent.wa.us/planningllanduseplanninaboard. P:\PI.n In I ng\LUPB\2009\AGENDAS\121409_LUPBH rg W kshp_Agd..d- This page intentionally left blank. 1 LAND USE & PLANNING BOARD MINUTES November 23, 2009 Board Members Present: Chair Dana Ralph, Vice Chair Jack Ottini, Steve Dowell Absent/Excused, Alan Gray, Jon Johnson, Aleanna Kondelis-Halpin Absent/Unexcused, Barbara Phillips Staff Members Present: Fred Satterstrom, Gloria Gould-Wessen, William D. Osborne, Kim Adams Pratt, Molly Bartlemay 3. Approval of Minutes Ottini MOVED and Gray SECONDED a motion to APPROVE the August 10, 2009 Minutes. Motion PASSED 5-0. 4. Added Items None S. Communications None 6. Notice of Upcoming Meetings Planning Director Fred Satterstrom stated that a docketed item submitted in September, proposing to regulate the height of commercial buildings in the Downtown Commercial Enterprise (DCE) zone when abutting single family zoning will likely be considered by the Land Use and Planning Board in the first quarter of 2010. 7. CPA-2007-4 Midway Subarea Plan (CPA-2007-4) Long Range Planner Gloria Gould-Wessen stated that the Midway Subarea Plan has been presented at previous workshops. She stated that staff is asking for preliminary approval of the revised plan and will bring the entire plan back for a second hearing in 2010 at which time staff will ask for final approval and to move this on to City Council. Gould-Wessen submitted Exhibit 1 for the record; a letter from Karen Williams with the Housing Development Consortium, indicating her interest in affordable housing. Gould-Wessen stated that the Midway Subarea Plan is the result of a collaborative planning effort along the Pacific Highway corridor and has involved extensive public outreach defined as Envision Midway. The outreach effort was designed to assist the Cities of Kent and Des Moines in developing subarea or neighborhood plans and implementation strategies in preparation for the future extension of light rail into the area. Gould-Wessen defined Kent's study area as a transit oriented community. She stated that there were two areas of focus; auto oriented and transit areas where pedestrians, bicyclists, and transit users are as dominant as automobile use. The subarea plan shows existing conditions and illuminates the vision through 2050. The plan sets the framework to establish goals and policies and includes seven (7) elements: (1) Land Use focuses on uses and activities around the high capacity transit station nodes and auto-oriented areas, and on increasing the intensity of mixed-uses in these areas. It establishes a multimodal street network that is effective for pedestrians, bicyclists and transit. (2) Urban Design focuses on the built environment and design details, enhancing the buildings, streetscape, parking, and the natural environment with an emphasis on pedestrians and aesthetics. The auto-oriented area focuses on materials, building heights, sidewalk widths and protecting potential views. (3) Housing focuses on the need to create new housing 2 opportunities for a range of incomes, replacing existing affordable housing and creating live/work opportunities in the auto-oriented areas. (4) Transportation's emphasis is on creating pedestrian friendly streets in a transit oriented community, identifies the need for new streets, incorporates high capacity light rail transit and defines a funding source that needs to be further explored. (5) Parks and Open Space acknowledges the desire for open space and recreation opportunities in the Midway area and notes the possibility of joint-use regional drainage infrastructure for development and recreational purposes. (6) Implementation identifies tools to develop and transform Midway into a place that is less auto oriented and more of a transit supported community. It encourages incentives, capital investments, and other public and private partnerships. (7) Inter-jurisdictional Coordination continues coordination with Des Moines and other agencies, and acknowledges the direction for implementation. Chair Ralph Declared the Public Hearing Open. Robert Pond 23116 30th Ave S, Des Moines stated that he has been a Des Moines resident for 20 years and has been involved in the Pacific Ridge development and planning. Pond voiced opposition to having light rail on 30th. Pond stated that 99 would be a better option for light rail as it is shorter, safer, faster and closer to where people shop. Brad Corner 14295 SE 36th St # 100, Bellevue stated that he owns property in the 2300_block of Military Rd South and has attended many of the workshops and stakeholders meetings regarding the Envision Midway project. Corner stated that he and his partners have concerns over the new roads proposed in the diagrams. Corner stated that according to the diagram his property would be divided in half, noting that it is expensive to purchase right-of-way. Corner reiterated that these roads should be looked at as conceptual and not as a requirement. Bob Loeliger 4126 S 243rd Place, Kent stated that he is Vice President of the West Hill Neighborhood Council; he spoke in favor of the proposal. Loeliger stated that he and his neighbors would likely take advantage of transit and increased retail in the area. Loeliger stated that the proposed overpass over I-5 would open up access for the neighborhood. Gray MOVED and Ottini SECONDED a Motion to close the Public Hearing. Motion CARRIED 5-0. Johnson MOVED to enter Exhibit #1 from the Housing Consortium into the public record. Gray SECONDED. Motion CARRIED 5-0. Ottini MOVED to preliminarily approve CPA-2007-4 Midway Subarea Plan as presented by staff. Johnson SECONDED the motion. Motion CARRIED 5-0. ADJOURNMENT Ottini MOVED and Johnson SECONDED a Motion to adjourn. Motion CARRIED. Ralph adjourned the meeting at 7:32 pm. Charlene Anderson, AICP, Planning Manager Secretary of the Board P:\Planning\LUPB\2009\MINUTES\112309-LUPB-Minutes.doc 3 ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director PLANNING SERVICES 4^4�� Fred N. Satterstrom, AICP, Planning Director Charlene Anderson, AICP, Manager K EN T Phone: 253-856-5454 WASHINGTON Fax: 253-856-6454 Address: 220 Fourth Avenue S Kent, WA 98032-5895 December 7, 2009 To: Dana Ralph, Chair and Land Use and Planning Board Members From: Gloria Gould-Wessen, AICP, GIS Coordinator/Long Range Planner Subject: Midway Design Guidelines (CPZ-2007-2) For Public Hearing - December 14, 2009 MOTION: Move to preliminarily approve/deny/amend the Midway Design Guidelines as presented by staff. (NOTE: A final public hearing will be scheduled once other planning and implementation pieces have been considered.) SUMMARY: The Midway Design Guidelines (the Guidelines) reflect the vision found in the Midway Subarea Plan (CPA-2007-4/KIVA - 2074570) which the Land Use & Planning Board (LUPB) preliminarily approved November 23, 2009. The Guidelines provide a framework of design options in an effort to ensure the Pacific Highway transportation corridor redevelops into an interesting and high quality community that supports the future extension of high capacity light rail transit into the area. Planning Services presented a draft of the Guidelines on September 28th of this year. As noted through underlines (i.e., additions) and strike-throughs (i.e., deletions), the attached Guidelines reflect additional comments from the LUPB, a second Developers Forum, transportation agencies and city staff professionals. The Midway Design Guidelines will be part of the regulatory mechanisms that implement the Midway Subarea Plan. BACKGROUND: In 2008, the City of Kent conducted a collaborative planning effort focused along the Pacific Highway transportation corridor in anticipation of the future extension of Sound Transit light rail service into Midway area. The planning effort, called Envision Midway, is the foundation for the Midway Subarea Plan and the subsequent Midway Design Guidelines. The Guidelines are intended to provide meaningful guidance to applicants, design professionals, and public officials responsible for administering regulations of future development within the Midway Study Area as identified in the Midway Subarea Plan. The Guidelines supplement Kent City Code Zoning Title 15, and where specified, supersede portions of the City of Kent Construction Standards Manual. 4 GUIDELINE OVERVIEW: The intent of the Midway Design Guidelines is to ensure a level of quality construction, design and site planning to a subarea of Kent that anticipates increased densities in support of rapid light rail transit public investments. The Guidelines provide an Introduction and Design Guidelines. The Design Guidelines start with the Overview of Character which outlines overarching design concepts. The Design Guidelines are then divided into two major sections. The first section is Site Design which addresses the arrangement of buildings, landscaping, open space, circulation, and other features unique to locating the built environment. The second section, Architectural Design, focuses on construction materials, design details, and how the built form influences the sense of place. There are subsections within Site Design and Architectural Design that provide the specific guidelines. If there are any questions prior to the public hearing, please contact Gloria Gould- Wessen at 253.856.5441. GGW/pm S:\Permit\Plan\COMP_PLAN_AMENDMENTS\2007\CPA-2007-4_MIDWAY\LUPB\DesignGuidelines\121409_StaffRpt.docx Enc: Att.A: Midway Design Guidelines cc: Ben Wolters E&CD Director Fred Satterstrom,AICP, Planning Director Charlene Anderson,AICP, Planning Manager Kim Adams-Pratt,Assistant City Attorney File 12/14/09—Land Use&Planning Board Public Hearing Midway Design Guidelines—CPA-2007-4-Page 2 5 Midway Design Guidelines Introduction The purpose of the Midway Design Guidelines (the Guidelines) is to establish a flexible framework of design options for creating interesting and high quality commercial and multi-family residential projects. The Guidelines focus on the Transit Community Overlay DiStFiCtS ,Rapid Transit Community (RTC) land use designations -a-pedestrian-oriented places located around Sound Transit light rail stations planned near Highline Community College and a--near the intersection of South 272ind Street and Pacific Highway South (SR-99), and on the more auto-oriented highway commercial uses in between. The intent of the Guidelines is to establish a consensus of quality, unity, and conformity illustrated in a menu of design options that define a minimum condition for approval. For continuity along our shared boundary, the Midway Design Guidelines will have a counterpart in the City of Des Moines. l l �., Legend Midway Subarea ©City Limits _ Midway Transit village Owday L Midway suharea Parcels .00 re Midway Subarea ATTACHMENT A Draft - Midway Design Guidelines 1 6 The Midway Design Guidelines reflect the vision found in the Midway Subarea Plan. In addition to their application to private development projects, the Guidelines will be applied to street improvements, parks and other public facilities in an effort to create a setting that is special, dynamic and safe for civic activities. The Guidelines are not intended to slow or restrict development. Instead, they provide predictability and consistency to the development review process. Design Guidelines Overview of Character: The vision for Midway is an active place where commerce, education and cultural events are integral to the fabric of the community; it is a place where broad spectrums of people live. This new urban center' is built around a light rail station, making the automobile less of a necessity for those who live or work there. Parks and outdoor gathering places provide a common ground where people meet and where nature rejuvenates the body and spirit. These green spaces, whether located on roof tops and terraces or on the ground, provide a sustainable method for managing stormwater runoff from this urban landscape. Midway is a walkable place where pedestrian circulation is convenient, attractive and safe. Designated pedestrian-oriented streets provide a high-quality environment where the spatial and functional integration of sidewalks and building elements complement each other. There is an ease of movement, and linkages are easily identifiable for the pedestrian. The automobile continues to have a presence along Pacific Highway South (SR- 99). Street and building design elements are integrated to promote the identity of Midway, with a gateway sign identifying Midway and the cities of Kent and Des Moines. The location of the Midway TGOD RTC along a highpoint of a ridge provides scenic views to the Puget Sound Basin that should be protected and enhanced. The following overarching design concepts t#e represent the intent of the Midway Design Guidelines. Promote Architectural Compatibility intent: Te ""Flee} Reflect the 21st Century . Establish Gateways and Neighborhood Identity intent:Te CFeate Create a unique identity for those who live and work in Midway, along with those who pass through, while smoothing the transitions Draft - Midway Design Guidelines 2 7 from a mixed-use commercial environment to the surrounding single-family neighborhoods. Protect and Enhance Views Promote the view potential of Midway and Kent-Highlands by siting and designing new construction in a manner that maximizes capturing territorial views iconic to the Puget Sound Basin. Site Design: Site design is the arrangement of buildings, landscaping, open space, circulation elements, and other features in response to unique site features and surrounding context. Site Characteristics Overview: Buildings should be oriented to respond to specific site conditions and opportunities such as � to prominent intersections, topography, significant vegetation and views, or other natural features such as sunlight. Intent: To locate the built environment strategically to m,xi fflize the site peten create a sense of place, encourage synergy with its surroundings, and optimize sustainable design. Guidelines: ❖ EneeuFage pFeVOS08H fef Provide outlooks and overlooks for the public to view public open space (i.e., parks, multi-modal trails, and enhanced storm detention) and opportunities to view Mt. Rainier, the Cascade Mountains, Kent Valley, or Puget Sound and the Olympic Mountains. ❖ Minimize shadow impacts to public parks and multi-modal trails. ❖ Configure the development to lower its impact on the environment through: o Solar orientation o Storm water run-off, detention and filtration systems o Sustainable landscaping o Versatile building design for entire building life cyc4eDdaptive reuse during the building's life cycle ❖ Reinforce community gateways through the use of architectural elements, streetscape features, artwork, landscaping, signage, or references to the history of the location that eFeate a sense ef plaee. The following locations are plaees identified as gateways in Midway: o SR-99 & Kent-Des Moines Road Draft - Midway Design Guidelines 3 8 o SR-99 & South 246t" 0 231s' & Military Road o SR-99 & South 272nd Heart Locations Overview: Heart 'eesLocations serve as the perceived center of commercial and social activity within a neighborhood. These locations have an identity and are anchors for the community. Intent: To enhance and promote the central character of heaFt Heart lecatiens Locations through appropriate site planning and architectural treatments, giving high priority for improvements that focus on the public realm. Guidelines: Provide design treatments to respond to identified heaFt leeatiens'Heart Locations as listed below: o Light rail station leeatiens o Parks and plazas '^^, ,s o Intersections along 30th Ave South o Intersection of 30th Ave South and South 246th Street ❖ Provide primary entry treatments and fagade amenities to respond to centers of commercial and social activity at '"heart Heart 'eesLocations". Amenities to consider are: o Pedestrian weather protection o Pedestrian level windows o Pedestrian lighting o Public art o Special paving o Landscaping o Additional public open space provided by curb bulbs and entry plazas Topography Overview: The built environment should reflect, rather than obscure, natural topography. Intent: To respond to topographic conditions of the site and its neighbors: Guidelines: ❖ Step buildings up slopes to accommodate significant changes in elevation. Draft - Midway Design Guidelines 4 9 ❖ Where neighboring buildings have responded to similar topographic conditions in their sites in a consistent and positive way, consider similar treatment for the new structure. ❖ Utilize topographic considerations to reduce the visibility of parking garages. Street Compatibility Overview: The character of a street defines the human experience; from the eyes of the pedestrian, the street with its sidewalks and related spaces is perceived as individual spaces er rooms" and the sidewalk and related spaces need to be safe, welcoming, and easy to navigate. Buildings and other structures play a significant role in creating this pedestrian friendly environment. Intent: To site buildings in a way that acknowledges and reinforces the desirable spatial characteristics of the right-of-way and pedestrian realm. Guidelines: ❖ Establish entries that are clearly identifiable and visible from the street, and create a sense of human scale as exemplified in the "Golden Ratio". ❖ Provide spaces for street level uses that vary in size, width, and depth. ❖ Where appropriate, consider a reduction in the amount of commercial and retail space at the ground level to create a-transition zones between commercial and residential areas. Transition zones may includeb-e eensedeFed-a-Fe: o Locating 8office uses adjacent to residential o Locating -Pparking niches as a buffer to residential uses o Orienting Rretail entriesy €af away from residential uses ❖ Provide a minimum sidewalk area of 4-5-12 feet with lei ht 8 feet for sidewalk and four (4) feet for street trees, landscaping_and other pedestrian amenities. ❖ Design for a network of safe and well-lit connections between buildings to encourage human activity and link existing activity areas. ❖ Discourage closed campuses by X-eerkeeping_pedestrian connections open_, and diseeui=age elesed ean9puses. -1 r+' Q: 5 10 Human Activity Overview: Lively street edges make for safer streets. Ground floor shops and services needed by residents attract market activity to the street and increase safety through informal surveillance. Intent: To encourage human activity on the street through site planning, architectural design and business activity. Guidelines: ❖ Consider accommodating outdoor dining opportunities, by setting portions of the building back and providing plazas, generous walkways, or open windows to bring the activity to the street edge. ❖ Create activity clusters through appropriate co-location of uses. ❖ Encourage commercial activities to spill out onto the sidewalk, maintaining sox (6)five 5L-1 feet of clearance for pedestrian movement. ❖ Provide street level transparency to encourage interaction between people and the activities within the interior of a building. The following examples of undesirable design treatments are prohibited: o Windowless walls o Mirrored or non-transparent glass o Backs of display cases in windows o Windows frame bottoms located above waist level as measured from a non-sloping the street o Interior walls, equipment, or functional layout that hampers the intent of transparency as stated above. Pedestrian Overview: Successful pedestrian-oriented places require convenient, safe and interesting circulation opportunities. Intent: To create a rich, attractive, and safe pedestrian-oriented environment that facilitates movement and provides interest. Guidelines: ❖ Provide a pedestrian-friendly streetscape with connectivity, interest and amenities that emphasize details and quality materials, such as: o Short blocks Draft - Midway Design Guidelines 6 11 o Safe and well lit crosswalks o Wide walkways for easy passage o Tree grates o Seating o Lighting ❖ Provide a generous amount of weather protection along street frentssidewalks or other walkways adjacent to buildings to enhance the pedestrian environment. ❖ Buildings over 200 feet in length and contiguous with public parks or open space shall provide a wide, safe, and interesting pedestrian thoroughfare connecting the community with the adjacent public amenity. ❖ Maintain a continuous and safe public streetscape for the pedestrian considering the following design techniques: o Provide generous sidewalks (minimum 4-5'12' wide) for pedestrians to easily pass potential commercial activities spilling outside the business establishment o Limit gaps in the streetscape fe�by restricting parking access to the minimum ftufftbefwidth required by code. o Set buildings as close as possible to the sidewalk, with ground floor display windows that provide views to the interior,—. o Provide pedestrian interest every 25 feet using display window, entrances, awnings and overhangs, pedestrian-oriented signs, exterior light fixtures that also complement the building architecture, plantings, or artwork_ PFeViding pedestrian eveFy 25 feet o Define an amenity zone for understory plantings, street trees, benches, trash and recycling receptacles, bike racks and the like (note: bundle newspaper dispensers, delivery service drop boxes to minimize clutter - no more than four (4) dispensers per block) o At corners where buildings are set back: provide a generous pedestrian space, ensuring the area contains sufficient edges, amenities and activities to support a place for people to gather (i.e., seating, planting, lighting, trash receptacles, etc.). ❖ Provide 'way-finding' signs for pedestrians to navigate. Transition between residence, street, and adjacent sites Overview: For residential projects, the space between the building and the sidewalk should provide security and privacy and encourage social interaction among neighbors. Buildings should respect adjacent properties, particularly less intensive uses. Draft - Midway Design Guidelines 7 12 AfMr " .7 R. - r Ir N Intent: To create a safe, attractive, and comfortable transition between private and public spaces for residential uses. Guidelines: ❖ Step back the upper floors, or increase the side or rear setback, so that window and balcony areas are farther from the property line. ❖ Stagger residential windows to not align with adjacent windows. Encourage site planning to create the following: o Courtyards o Common gardens o Common pathway o Front entrance stoops/rear at-grade access o Small private garden Accommodate a variety of residential uses such as townhouse, live-work, apartment, and senior living. Parking and Vehicle Access Overview: Parking lots, garages and driveways can have a negative impact on the pedestrian environment and adjacent properties and should be minimized to maintain a level of pedestrian compatibility and human scale. Intent: To reduce the impact of surface parking lots, garages and driveways through site planning. Guidelines: Locate surface parking at rear or side lots. Draft - Midway Design Guidelines 8 13 ❖ Surface parking lots shall not exceed thirty (30) stalls per building complex. ❖ Minimize number and width of driveways and curb cuts. ❖ Share driveways with adjacent property owners. ❖ Leeate-When building sites are sloped, locate parking in lower level or less visible portions of site while maintaining views to the parking from assee"ted nearby buildings. ❖ Provide car-sharing opportunities to lower parking requirements. ❖ Provide adequate security and lighting of parking areas, avoid encroachment of vehicles onto the sidewalk, and minimize the visual clutter of parking lot signs and equipment. Screening of Dumusters, Utilities and Service Areas Overview: Unsightly service elements can detract from the visual aesthetics and compatibility of new projects with the community and create hazards for pedestrians and vehicles. Intent: To site the service elements like trash dumpsters, loading docks and mechanical equipment of new buildings away from the street front where possible. When these elements cannot be located away from the street front, they should be situated and screened from view and shall not be located in the pedestrian right-of-way. Guidelines: ❖ Locate service elements like trash dumpsters, loading docks and mechanical equipment away from the street front where possible. When such elements cannot be located away from the street front, they should be placed and screened from view using the following techniques: o Locate utility meter behind a screen wall or fence so that it is not visible from the building entrance. o Use durable materials that complement the building for screening. o Incorporate landscaping to create a more effective screen. o Locate the opening to the service area away from the sidewalk. ❖ Prohibit the location of service elements like mechanical equipment s: ignal controls, and utility meters at or above grade in the pedestrian right-of- way. ❖ Utilize principles of Crime Prevention through Environmental Design when siting service elements. Draft - Midway Design Guidelines 9 14 Architectural Design: Architectural design, choice of construction materials, and how the built form sits within the context of its surroundings influence the sense of place. A well- designed building should be welcoming, add human interest, and allow opportunities for meaningful social interaction. Height, Bulk and Scale Overview: Projects should be compatible with the scale of development anticipated by the applicable Land Use Policies for the surrounding area and should be sited and designed to provide a sensitive transition to nearby, less intensive zones as well as the pedestrian environment. Intent: Projects located along different zone edges or next to public spaces or which have unusual physical characteristics such as large lot size, unusual shape, or topography, should be developed in a manner that creates gradual transition in perceived height, bulk, and scale. Guidelines: ❖ Consider a variety of factors to address height, bulk and scale impacts, including the following: o Distance from the edge of a less intensive zone o Differences in development standards between abutting zones (allowable building height, width, lot coverage, etc.) o Effect of site size and shape e- , (i.e., baek let line te baek let line vs. baek let line te side let Iii9e) o Type and amount of separation between lots in the different zones (i.e., separation by only a property line, by a street, or by other physical features such as grade changes). ❖ Utilize careful siting techniques and design treatment to achieve compatibility with surrounding area, including the following: Draft - Midway Design Guidelines 10 15 o Architectural style o Details (such as rooflines or fenestFatie window treatments) o Color eF-and materials o Creative use of landscaping or other screening o Location of features on-site to facilitate transition, such as locating required open space next to a lower intensity zone where appropriate o Treatment of+rtg topographic conditions in ways that minimize impacts on neighboring uses and create a more human scale to a project, such as using a rockery with landscaping rather than a retaining wall. o Sitinnce+n-g of uses near compatible existing uses or zene-zonin district edges. ❖ Reduce height, bulk and scale of the proposed structure as needed to mitigate adverse impacts to adjoining public amenities, includings, sidewalks, parks, and open space and achieve an acceptable level of compatibility, including the following: o Articulate the f+�ground floor building facade vertically or horizontally in intervals that conform to existirg-new neighboring structures with a maximum ratio of 2:1. o Step back building upper levels from original footprint starting at the third story and once again when the building exceeds 6 stories to take advantage of views, increase sunlight at street level, and create a pedestrian scale. o Set back buildings located at street intersection corners to promote visibility and encourage pedestrians to gather. o Increase building setbacks from a less intensive zone edge. ❖ Use architectural features to reduce building scale, such as: o Landscaping, trellis. o Variety of complementary building materials. o Detailing, accent trim, fenestration, modulation. Architectural Context and Features Overview: Building design elements, details and massing should create a well- proportioned and unified building form, exhibit an overall architectural concept, exhibit features identifying the functions within the building, complement physical conditions of existing development, and if appropriate pioneer and establish a pattern or identity from which future development can take its cues. Intent: To focus on the design consideration of organizing the many architectural elements of a building into a unified whole, so that details and Draft - Midway Design Guidelines 11 16 features can be seen to relate to the structure and not appear as add-ons, and the building form derives from its function and integrates into the surrounding architectural context. Guidelines: ❖ Create a well-proportioned and unified building form that exhibits an overall architectural concept expressed in the-distinct architectural features and details. Architectural features may include the following: o Building modulation or articulation o Bay windows o Corner accent, such as a turret or clock tower o Garden or courtyard elements (such as a fountain or gazebo) o Rooflines o Building entries o Building base Architectural details may include the following: o Treatment of masonry - such as ceramic tile inlay, paving stones, or alternating brick patterns o Treatment of siding - such as wood siding combined with shingles o Articulation of columns o Sculpture or art work o Architectural lighting o Detailed grills and railings o Special trim details and moldings o Trellis or arbor o Awnings or canopies ❖ Exhibit building form and features that identify the functions within the building, such as: o Grand entry for financial institution o Balconies for residential ❖ Clearly distinguish roofline or top of the structure from the building's facade. ❖ Ensure new buildings are compatible with existing architectural features that have set an aesthetic pattern, including the following: o Fenestration patterns o Building proportions o Complementary building material Draft - Midway Design Guidelines 12 17 ❖ Support the human scale and provide visual interest in the structure by including the following: o Step back or extend forward a portion of the fagade. o Provide porches, patios, decks or covered entries. o Provide balconies or bay windows. o Change the roofline by alternating dormers, stepped roofs, gables or other roof elements to reinforce the modulation or articulation of the structure. o Change the materials with a change in the building plane, making the store front or ground floor distinct. o Provide lighting fixtures, trellises, trees or other landscape features to support human scale. ❖ Design and organize the "fifth elevation" — the roofscape — rooftop elements to minimize visual impacts from surrounding buildings. Exterior Finish Material Overview: Building exteriors should be constructed of durable, sustainable, and maintainable materials that are attractive even when viewed up close. Intent: To encourage the use of durable and sustainable building materials that have texture, pattern, or lend themselves to a high quality of detailing. Guidelines: ❖ Use materials that by their nature, provide a sense of permanence, and can provide texture or scale that helps new buildings fit better into their surroundings. Examples of these exterior building materials include the following: o EleaF Stained or painted wood siding o Shingles o Brick o Stone o Ceramic and terra-cotta tile ❖ Provide entries, plazas, or other semi-public or public spaces with a visually interesting ground plane, such as: o Use of local materials o Recording history and tradition o Designs that delight Human Scale Overview: The term "human scale" generally refers to architectural features and site design elements oriented to human proportion and activity. A building Draft - Midway Design Guidelines 13 18 has a good human scale if its details, elements and materials allow people to feel comfortable using and approaching it. Features that give a building human scale also encourage human activity (see Golden Ratio in glossary). Intent: To design new buildings and public spaces that incorporate architectural features, elements and details that achieve a good human scale. Guidelines: Utilize the following building elements to achieve human scale: ❖ Pedestrian-oriented open space such as a courtyard, garden, patio, or other unified landscaped areas. ❖ Bay windows that reflect an internal space such as a room or alcove. ❖ Trim or molding that appears substantial from the sidewalk and is separated from adjacent windows by a vertical element. ❖ Large areas of glazing separated through the use of moldings or door jambs. ❖ Windows with small multiple panes of glass. ❖ Window patterns, building articulation and other treatments that help to identify individual residential units in a multi-family building. ❖ Upper story setbacks. ❖ A porch or covered entry. ❖ Pedestrian weather protection in the form of canopies, awnings, arcades or other elements wide enough to protect at least one person. ❖ Visible chimneys. Commercial Entrances Overview: The space between the building and the public right-of-way may be conducive to pedestrian or resident activity. In a business district, where pedestrian activity is desirable, the primary function of open space between commercial buildings and the sidewalk is to provide visual and physical access to activities such as vending, sitting or dining, as well as convenient and attractive access to the building. Whether for commercial activity or user access, the semi-public and private space should ensure comfort and security, be sufficiently lighted, and entry areas should be protected from the weather. Intent: To provide opportunities in commercial and mixed-use buildings for entrances and associated spaces that are lively, attractive, comfortable, and secure for the pedestrian or resident. Guidelines: Draft - Midway Design Guidelines 14 19 ❖ Where there is sufficient distance between the building and the public right-of-way, provide the following features: o Walking surfaces with attractive pavers. • Pedestrian-scaled site lighting. • Area for commercial display Fe~��~� ,' o Landscaping that screens undesirable elements or that enhances the public space and architecture. • Signage which identifies uses and shops clearly but are scaled t-e for the pedestrian. • Site furniture, artwork or amenities such as fountains, benches, pergolas, kiosks, etc. o Other methods that meet the intent of these criteria. ❖ Ensure special detailing or architectural features at entrances, such as the following: o Ornamental glazing, railings or balustrades o Awnings or canopies o Decorative pavement and lighting o Seating o Architectural molding o Planter boxes, containers, or trellises o Artwork signs and visible building address o Other methods that meet the intent of these criteria Residential Entrances Overview: Whether housing is mixed in with commercial projects or stand alone, entries need to provide security, a sense of privacy, and identity for the occupants and their visitors. Intent: To provide safety, privacy and visual interest for residential uses. Guidelines: ❖ In residential mixed-use buildings, enhance the character of the streetscape and create a transition between the public sidewalk and private entry by providing the following: o Small gardens o Stoops o Change in glazing or window frame o Distinctive addressing ❖ Create unique unit entries in town house/rowhouse residential buildings by providing the following: o Entrances with stoops Draft - Midway Design Guidelines 15 20 o Transitional spaces such as portals or arcades o Distinctive paving of on-site walkways o Surrounds around entry doors using color, texture and building material ❖ Locate multi-family/mixed-use main entrances on the primary pedestrian corridor within commercial areas and ensure they are clearly identifiable. ❖ Ensure adequate transition between public and private space in multi- family/mixed-use entries while remaining inviting to pedestrians by providing the following: o Recessed or courtyard entries o Stooped entries or grand stairways o Contrasting trim or distinctive surrounds o Lighting o Weather protection and/or grand canopies o Accented paving •Other methods that meet the intent of these criteria Blank Walls Overview: In the pedestrian-oriented Transit Village Overlay Districts, buildings should avoid large blank walls. Intent: To ensure a friendly streetscape, blank walls should be avoided, and if they are unavoidable, they should receive design treatment to increase pedestrian comfort, interest, and visual aesthetics. Guidelines: ❖ Avoid large blank building walls especially near public and private sidewalks and pedestrian pathways. ❖ Avoid retaining walls that extend higher than eye level near a public sidewalk and between properties. ❖ Provide special treatment for blank walls longer than twenty (20) feet and visible from pedestrian walkways, parking areas, and adjacent properties. The following treatments may be used: o Vertical trellis in front of the wall with climbing vines or plants materials. o A landscaped planter bed in front of the wall back, planted with a rich assortment of plant materials that vary in height, texture, and color. o Art (mosaic, mural, decorative masonry pattern, sculpture, relief, etc.) over a substantial portion of the blank wall surface. o Small setbacks, indentations, change of building materials or other means of breaking up the wall's surface. Draft - Midway Design Guidelines 16 21 o Other methods that meet the intent of these criteria. 4 y iI Parking Near Sidewalks Overview: Parking below grade or structured parking is preferred within the Transit Community Overlay District (TCOD); however, some surface parking lots near sidewalks are expected. Parking lots near sidewalks are similar to blank walls, adding little interest to the pedestrian experience. Minimally parking lots should provide adequate security and lighting, avoid encroachment of vehicles onto the sidewalk, and minimize the visual clutter of parking lot signs and equipment. Intent: To design parking facilities that are pedestrian-friendly, safe, and easily maintained to maximize a lively street front. Guidelines: ❖ Separate surface parking lots or carport areas adjacent to public rights-of- way by a low screen wall 24 to 36 inches high (utilizing treatments and features listed under Blank Wall section of Architectural Design). ❖ Separate surface parking lots or car port areas adjacent to public rights- of-way by a continuous hedge 24 to 36 inches high at maturity (within 7 years) contained within curbing. ❖ Ensure parking structures at-grade and accessory parking garages are architecturally compatible with the main structure and streetscape using architectural detailing (i.e., frieze, cornice, canopy, overhang, trellis or other devices to cap the parking structure). ❖ Design a parking structure to provide visual interest to the streetscape or adjacent property by providing the following: o Commercial uses at the ground floor. o Dense landscaping that provides variety, height, texture, and color. o Landscaping and architectural features to parking entrances. Draft - Midway Design Guidelines 17 22 o Techniques found in the Blank Walls section of Architectural Design. ❖ Ensure that surface parking areas and parking structures, pedestrian walkways, ramps, and stairways are well-lit for safety with non-glare lighting to respect adjacent uses. ❖ ,When the uses surround the parking structure, utilize some or the entire top of a parking structure asseeiated with Feside~t"' effice OF mixed use for open space, recreation, or patio. ❖ Prohibit encroachment of vehicles onto the sidewalk or into landscaped areas by providing wheel stops about two (2) feet from the sidewalk or landscaping. Personal Safety and Security Overview: New projects should consider opportunities to enhance personal safety and security for the residents, workers, shoppers and visitors who enter the area. Intent: To reduce crime and create an increased feeling of personal safety and security through increased activity at street level using building design elements and improved pedestrian gathering places. Guidelines: ❖ Enhance public safety to foster 18-hour public activity. To accomplish this goal, utilize the following methods: o Strategically locate pedestrian and streetscape lighting. o Focus on key functional or aesthetic elements such as doorways, windows, signage, and architectural details. o Design public spaces to have clear sight lines. ❖ Use reduced glare security lighting fixtures so as not to hamper the vision of pedestrians, bicyclists, drivers or adjacent property uses. ❖ Consider motion-detector lights in areas not needing constant night lights. ❖ Use semi-transparent security screening, rather than opaque walls, wherever appropriate. ❖ Avoid blank, windowless walls that attract graffiti and that do not permit residents or workers to observe the street. ❖ Use landscaping that maintains visibility, such as short shrubs and pruned trees, so there are no branches below head height at 10 years after installation. ❖ Use creative ornamental grille as fencing or over f+r�ground floor windows wherever appropriate. Draft - Midway Design Guidelines 18 23 ❖ Eliminate structures that provide hiding places for criminal activity. ❖ Design parking areas to allow natural surveillance by maintaining clear lines of sight both for those who park there and for occupants of nearby buildings. ❖ Encourage "eyes on the street" through placement of windows, balconies and street-level uses. ❖ Ensure natural visibility of children's play areas and other semi-public spaces. Signage Overview: There are two environments within the Midway Transit Community Overlay District (TCOD). One fronts SR-99 and is auto-oriented with large volumes of traffic moving at relatively high speeds. The other environment is the more pedestrian-oriented streets located to the east and west of SR-99 where the streets are narrow, vehicular speeds are greatly reduced, and the pedestrian is dominant. While different, both are treated as pedestrian-oriented by providing visual interest and human dimension to street-level building facades. The following are additional guidelines for signage. Intent: To create signs that are engaging, creative, and effective for a variety of user groups and respond to a variety of pedestrian and vehicular environments. Guidelines: ❖ Design signage as an integral part of the building fagade and architecture. ❖ Encourage creative and individual expression in the design and placement of signs. ❖ Use creative lighting to accent signs. ❖ For development over 2 acres in size, create a Master Sign Plan that is in keeping with the objectives of the Midway Design Guidelines. ❖ Provide the following with signs when associated with parking: o Individual parking-stall signs should be no higher than a car bumper. o Parking management signs should be placed no higher than 6' from ground level. * ' Encourage creative, sculptural, and neon signs. Draft - Midway Design Guidelines 19 24 Size & Placement Highway Oriented: ❖ One freestanding lighted and double-faced identification sign, lighted is allowed per parcel or complex for use by the tenants of a shopping center, The sign shall not exceed 4-2-15 feet in height and shall be integrated with landscaping. ❖ Monument signs shall be below 10 feet in height measured from the top of the sign to the ground plane, provide a substantial base, be integrated with landscaping and reflect the character of the associated building. ❖ Directional signs for parking shall be limited to one sign per entrance and shall not extend more than 12' above the ground for parking garages. ❖ Cabinet signs e-anmay be lit from behind. ❖ Signs should be building-mounted. Pedestrian Oriented: ❖ Use high quality, creative, and expressive sign design for individual business. ❖ Flashing, moving or animated signs are not permitted. ❖ Mount signs on buildings, hung from canopies, or traditional such as barber poles placed at a height appropriate in a pedestrian environment (no higher than 15 feet). ❖ Monument signs shall be no taller than seven (7) feet in height measured from the ground plane and shall be integrated with landscaping. ❖ lntei=nally lot plastie faeed ei= ean signs ai=e pi=ehibitedCabinet signs shall be lit from above or reverse pan channel. ❖ Freestanding pole signs are prohibited ❖ Identification and directional signs for parking shall be limited to one sign per entrance and shall not extend more than 12' above the ground for parking garages. Lighting Overview: Lighting plays a critical role in the character of a place as well as for safe movement of pedestrians and vehicles. Well designed lighting limits glare and light pollution while providing security. Light can also provide visual interest by accenting trees, building facades, or providing fanciful ambient light. Intent: To provide artificial lighting that promotes visual interest and a sense of security for people in commercial and residential areas during evening hours. Guidelines: ❖ Ensure lighting fixtures complement the building fagade. Draft - Midway Design Guidelines 20 25 ❖ Utilize energy-saving night lighting (see Personal Safety and Security in the Architectural Design section). ❖ Utilize downward-directed lighting at entries and along walkways so as not to cast glare. ❖ Consider motion-detector lights in areas not needing night lights. ❖ Encourage illuminating distinctive features of the building, such as entries, signage, and areas of architectural detail and interest. ❖ Backlighting plastic or fabric covered awnings is not allowed. Public and semi-public ❖ Street Lighting within the TCOD and east of SR-99 shall be non-glaring with cut off fixtures to minimize light spilling over onto adjacent properties or public ROW as specified for Residential Collector Street Classification found in Kent's Design & Construction Standards Manual; If these guidelines and the Construction Standards Manual conflict, the guidelines control. ❖ Pedestrian oriented lighting shall be used in all parks, plazas, or pathways to provide safety while minimizing light spillover on to adjacent properties. Private ❖ Ensure flood lighting in delivery areasfieed lightirfg is directed downward to limit glare and is active only during the time of delivery; otherwise, security lighting in delivery areas or high risk areas shall be low wattage and directed downward to be sensitive to adjacent uses. ❖ Minimize building facade lighting to be sensitive to residences and drivers. —,�_�ite lighting elements with the Gity, ineluding semi publie epeig space, paths, and plazas, and aecent lightirg-. ❖ Ensure accent lighting is appropriate to the overall character of the public or semi-public setting. Landscaping and Open Space Overview: Landscaping and green open spaces within the Transit Village Overlay District softens the urban form by integrating the building into the natural environment and creating public and semi-public spaces for human interaction. Intent: To create an intimate and human scale environment through the use of hardscape or greenscape which reinforces, complements and enhances the Draft - Midway Design Guidelines 21 26 public streetscape and public open spaces and contributes to the natural environment while discouraging oversized spaces that lack containment. Guidelines: ❖ Landscaping includes living plant materials, special pavements, trellises, screen walls, planters, site furniture and similar features that enhance the overall project design. Utilize the following guidelines: o Select plant materials based on soil conditions and light exposure first, followed by form, texture and color to ensure an interesting landscape that will thrive within the niche in which they have been planted. o When selecting plant materials, utilize drought tolerant species and plants that support wildlife by creating habitat. o Use similar landscape construction materials, textures, colors or elements to fit into the surrounding content to achieve design continuity. ❖ Create plazas and courtyards that are welcoming and comfortable for human activity and social interaction while moving through, as well as sitting and standing within. inelude the fellewing angenities:Amenities to consider are: o Planters and trees o Seating - benches, tables & chairs, low seating walls o Special paving o Bollards and intimate pedestrian lighting that accents the building and landscape, and facilitates pedestrian movement o Public art o Water feature VA ti ❖ Take advantage of special on-site conditions such as slopes, view corridors, significant trees, nearby publicly owned greenbelts or open space, or adjacent private open space in the following manner: Draft - Midway Design Guidelines 22 27 o Support the creation of a passive and active open space. Thus that may include pooling on-site open space requirements to create larger spaces. o Whenever possible, link semi-public spaces with adjacent public open spaces to facilitate movement from one place to another. o Wherever possible, retain existing mature trees in a manner that ensures longevity; otherwise replace significant trees with a minimum three (3) inch diameter at breast height (DBH) caliper trees if deciduous or six (6) foot tall if coniferous. o If a street has a uniform planting of street trees, or a distinctive species, install street trees that match the existing tree form or species. ❖ Enhance the built form through the use of plant materials, paving, and other features such as the following: o Emphasize entries with special planting, decorative paving and lighting. o Consider special features within a courtyard such as a fountain or pool. o Consider integrating artwork into publicly accessible areas pessibly drawing upon the histeric landscape to evoke a sense of place. o Distinctively landscape open areas created by building modulation o Incorporate upper story planter boxes and roof planters. o Encourage water features, including natural marsh-like installations. o Where wheelchair ramps are provided on the street front, include a planting strip next to the sidewalk. S:Wermit\Plan\COMP PLAN AMENDMENTS 120071 CPA-2007-4 MID WA YIDesignGuideiinesWntDesionGuide 3rdEdit.doc Draft - Midway Design Guidelines 23 28 This page intentionally left blank. 29 ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director PLANNING SERVICES Fred N. Satterstrom, AICP, Planning Director Charlene Anderson, AICP, Manager KEN T Phone: 253-856-5454 wA5H I N G T 0 N Fax: 253-856-6454 Address: 220 Fourth Avenue S Kent, WA 98032-5895 December 7, 2009 TO: Chair Dana Ralph and Land Use and Planning Board Members FROM: Matt Gilbert, Principal Planner RE: Amend 'Tract' Definition- Revision to KCC 12.04.025 (#SCA-2009-1) 12/14/09 LUPB Workshop SUMMARY: This proposed code amendment deals with Future Development Tracts created within subdivisions and short subdivisions. Tracts in general are created for specific purposes such as recreation, open space, sensitive areas, and access. Tracts are also created or set aside for "Future Development". Future Development Tracts may be created for many reasons, some of which are that an area does not meet all of the criteria for being buildable at the time of subdivision, or an owner simply chooses to only develop a portion of a parcel and leaves the remainder for future development. BACKGROUND: The City's current definition of Tract states: Tract shall mean land reserved for specified uses including, but not limited to, future development, recreation, open space, sensitive areas, surface water retention, utility facilities, and access. Tracts are not considered building sites for purposes of residential dwelling unit construction. In 2009, as the City dealt with a future development tract created by King County, it was determined by the City's hearing examiner that under the City's current subdivision code Future Development Tracts may not ever be used for residential dwelling units. City staff does not believe that this was the intent behind the definition of Tracts in City code, but rather that a Future Development Tract could be used for residential dwelling units if and when it met the code standards for buildability and underwent further review and approval by the City. The change is intended to clarify that Future Development Tracts could be used for residential dwelling units if reviewed and approved at a later date. This code amendment is proposed to apply to all current and future Tracts in the City of Kent that were created by either City of Kent or King County subdivision processes. DISCUSSION: At this time, staff welcomes comments from the Board and will be available to answer questions at the December 14, 2009 workshop. A public hearing will be held with the Board on January 11, 2010 to consider adoption of the proposed change. MG/pm: S:\Permit\Plan\SUBDIVISIONCODEAMDMTS\2009\SCA-2009-1 Tract Definitions\LUPB\121409memo.doc Attach: KCC 12.04.025(Draft Ordinance format) cc: Fred Satterstrom,AICP,Planning Director Charlene Anderson,AICP,Planning Manager 30 This page intentionally left blank. 31 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending section 12.04.025 of the Kent City Code, entitled "Definitions" in order to revise the definition of tract and make it consistent with RECITALS A. B. C. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE 1 Subdivisions, Binding Site Plans, and Lot Line Adjustments Amend KCC 12.04.025 32 SECTION 1. - Amendment. Section 12.04.025 of the Kent City Code is amended as follows: The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: A. Active recreation activities shall mean all outdoor recreational activities which involve field and court games. B. Alley shall mean a public or private way not more than twenty (20) feet wide at the rear or side of property affording only secondary means of vehicular or pedestrian access to abutting property. C. Binding site plan shall mean a scaled drawing which: (1) identifies and shows the areas and locations of all streets, improvements, utilities, open space, and any other matters specified in this chapter; (2) contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as established by the city through the approval process; and (3) contains provisions which require any development to be in conformity with the binding site plan. D. 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 and community services director, and the fire chief, or their designated representatives. E. Block shall mean a group of lots, tracts, or parcels within well- defined and fixed boundaries. 2 Subdivisions, Binding Site Plans, and Lot Line Adjustments Amend KCC 12.04.025 33 F. 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. G. 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. H. 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. I. 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. J. Comprehensive plan shall mean the document, including maps, adopted by the city council, which outlines the city's goals and policies relating to management of growth, and prepared in accordance with Chapter 36.70A RCW. The term also includes adopted subarea plans prepared in accordance with Chapter 36.70A RCW. 3 Subdivisions, Binding Site Plans, and Lot Line Adjustments Amend KCC 12.04.025 34 K. Connectivity shall mean the connection of neighborhoods by through streets, easements, or other rights-of-way, to activity centers including other subdivisions, neighborhood centers, shopping centers, transit stops, recreational spaces, and other public facilities. Such connections shall have a character that is pedestrian-friendly and that provides a sense of location. L. 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. M. Dedication shall mean a deliberate conveyance of land by its owner for any general and public uses, reserving to the owner no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat or a final short plat showing the dedication thereof; and the acceptance by the public shall be evidenced by the approval of such plat for filing by the city. N. Division of land shall mean the subdivision of any parcel of land into two (2) or more parcels. O. Final plat or final short plat shall mean the final drawing of the subdivision or short subdivision and dedication prepared for filing for record with the King County recorder's office and containing all elements and requirements set forth in this chapter. P. Hearing examiner shall mean the person appointed by the mayor, or his or her designee, to conduct public hearings on applications outlined in 4 Subdivisions, Binding Site Plans, and Lot Line Adjustments Amend KCC 12.04.025 35 Ch. 2.32 KCC which creates the hearing examiner, and who prepares a record, findings of fact, and conclusions on such applications. Q. 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. R. Land use and planning board shall mean that body as defined in Ch. 2.57 KCC. S. 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. T. 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. U. Lot frontage shall mean the front of a lot which shall be that portion nearest a public or private street or, if the lot does not abut a street, the portion nearest an ingress/egress tract or easement. On a corner lot, the 5 Subdivisions, Binding Site Plans, and Lot Line Adjustments Amend KCC 12.04.025 36 front yard shall be considered the narrowest part of the lot that fronts on a street, except in industrial and commercial zones, in which case the city has the authority of determining which part of the lot fronting on a street shall become the lot frontage. V. 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. W. Lot lines shall mean the property lines bounding the lot. X. 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 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. 6 Subdivisions, Binding Site Plans, and Lot Line Adjustments Amend KCC 12.04.025 37 Y. 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. Z. 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. AA. 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. BB. 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 (112) 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. CC. 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, 7 Subdivisions, Binding Site Plans, and Lot Line Adjustments Amend KCC 12.04.025 38 public parks, and playgrounds and drainage rights-of-way or easements as may be shown thereon. DD. 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. EE. 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. FF. 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. GG. 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. HH. Plat shall mean a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, tracts, streets, and alleys, or other divisions and dedications. II. Preliminary approval shall mean the official favorable action taken on the preliminary plat of a proposed subdivision by the hearing examiner 8 Subdivisions, Binding Site Plans, and Lot Line Adjustments Amend KCC 12.04.025 39 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. 11. Preliminary plat shall mean a precise scale drawing of a proposed subdivision showing the general layout of streets and alleys, lots, tracts, and other elements of a plat or subdivision which shall furnish a basis for the approval or disapproval of the general layout of a subdivision. KK. Short plat shall mean the map or representation of a short subdivision. LL. Short subdivision shall mean the division or redivision of land into nine (9) or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership. Tracts identified for or with the potential for future development shall be included within the number of lots created, but tracts which are not buildable and/or are intended for public dedication, environmental protection, or stormwater facilities are not included in the number of lots created. MM. 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 facilities are not included in the number of lots created. NN. 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 9 Subdivisions, Binding Site Plans, and Lot Line Adjustments Amend KCC 12.04.025 40 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 facilities are not included in the number of lots created. 00. 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. PP. Street shall mean a public or private way which affords a primary means of access to property. QQ. 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. Tracts identified for or with the potential for future development shall be included within the number of lots created, but tracts which are not buildable and/or are intended for public dedication, environmental protection, or stormwater facilities are not included in the number of lots created. RR. Subdivision, phased shall mean a subdivision which is developed in increments over a period of time. SS. 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. 10 Subdivisions, Binding Site Plans, and Lot Line Adjustments Amend KCC 12.04.025 41 TT. 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. UU. Tract shall mean land reserved for specified uses including, but not limited to, future development, recreation, open space, sensitive areas, surface water retention, utility facilities, and access. Tracts are not considered building sites for purposes of residential dwelling unit construction, provided that future development tracts may be considered building sites for purposes of residential dwelling unit construction upon a new application being filed, reviewed, and approved by the city in conformance with city regulations in place at the time the complete, new application is filed. VV. 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, pedestrians, and the like. Use by motorized vehicles is prohibited. WW. 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. SECTION 2. - Savings. The existing chapter 12.04.025 of the Kent City Code, which is repealed and replaced by this ordinance, shall remain in full force and effect until the effective date of this ordinance. 11 Subdivisions, Binding Site Plans, and Lot Line Adjustments Amend KCC 12.04.025 42 SECTION 3. - Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4. - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. SECTION 5. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. SUZETTE COOKE, MAYOR ATTEST. BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 2010. 12 Subdivisions, Binding Site Plans, and Lot Line Adjustments Amend KCC 12.04.025 43 APPROVED: day of , 2010. PUBLISHED: day of 2010. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P:\Civil\Ordinance\12.04.0250rdinance.docx 13 Subdivisions, Binding Site Plans, and Lot Line Adjustments Amend KCC 12.04.025