Chapter 12.04
SUBDIVISIONS, BINDING SITE PLANS, AND LOT LINE ADJUSTMENTS* Revised 8/19

Sections:

Article I. General Provisions

12.04.010    Title.

12.04.015    Purpose.

12.04.020    Scope.

12.04.025    Definitions.

12.04.030    Conformance to state law.

12.04.035    City functions.

12.04.040    Penalties.

12.04.045    Liability.

12.04.050    Planned unit developments.

12.04.055    Mobile home park design.

12.04.060    Onsite recreation and open space requirements.

12.04.065    Fee in lieu of recreation space.

12.04.070    Onsite recreation – Maintenance of recreation space or dedication.

Article II. Short Subdivisions and Subdivisions

12.04.100    Purpose of Type I and Type II short subdivisions.

12.04.103    Purpose of subdivisions.

12.04.105    Scope of short subdivisions.

12.04.107    Scope of subdivisions.

12.04.115    Application procedures.

12.04.117    Pre-application review.

12.04.119    Subdivision in phases.

12.04.120    Preliminary subdivision or short subdivision application.

12.04.135    Vesting.

12.04.140    Notice of application. Revised 8/19

12.04.145    Referral of preliminary subdivision and short subdivision applications.

12.04.150    Notification of agencies.

12.04.155    Public meeting/hearing notice. Revised 8/19

12.04.160    Public comment.

12.04.165    Agency recommendations.

12.04.170    Short subdivision committee.

12.04.175    Short subdivision preliminary plat meeting.

12.04.177    Public hearing.

12.04.180    Approval criteria.

12.04.185    Decision on preliminary short subdivisions.

12.04.190    Appeal of short subdivision committee decision.

12.04.192    Decision on preliminary subdivision.

12.04.193    Repealed.

12.04.195    Appeal to superior court.

12.04.200    Property annexed to city with preliminary plat approval from King County.

12.04.205    Installation of improvements or bonding in lieu of improvements.

12.04.210    Filing the final plat.

12.04.215    Short subdivision preliminary plat expiration.

12.04.220    Limitations on further subdivision of short subdivisions.

12.04.221    Subdivision preliminary plat expiration.

12.04.223    Decision on subdivision final plat.

12.04.225    Subdivision final plat expiration.

12.04.227    Procedure for alteration of a subdivision or short subdivision.

12.04.230    Procedure for vacation of a subdivision or short subdivision.

12.04.235    Standards for the subdivision of land and any dedications.

12.04.240    Connectivity.

12.04.243    Traffic calming.

12.04.245    Exterior street buffering.

12.04.250    Lots.

12.04.260    Zero lot line subdivisions and short subdivisions.

12.04.263    Clustering in urban separators.

12.04.264    Clustering in residential zones outside urban separators.

Article III. Binding Site Plans

12.04.800    Purpose.

12.04.805    Binding site plan committee.

12.04.810    Appeal.

12.04.815    Applicability for commercial and industrial sites.

12.04.820    Application requirements for commercial and industrial sites.

12.04.825    Approval criteria for commercial and industrial sites.

12.04.830    Final binding site plan for commercial and industrial sites.

12.04.835    Improvements for commercial and industrial sites.

12.04.840    Modifications for commercial and industrial sites.

12.04.845    Vacation for commercial and industrial sites.

12.04.850    Vesting for commercial and industrial sites.

12.04.855    Applicability for condominium sites.

12.04.860    Application requirements for condominium sites.

12.04.865    Approval criteria for condominium sites.

12.04.870    Enforcement.

12.04.875    Final binding site plan for condominium sites.

12.04.877    Filing the binding site plan for condominiums.

12.04.880    Expiration period for condominium sites.

12.04.885    Modifications for condominium sites.

Article IV. Lot Line Adjustments

12.04.900    Purpose of lot line adjustments.

12.04.905    Scope.

12.04.910    Preliminary consultation with staff.

12.04.915    Application procedures.

12.04.920    Principles of acceptability.

12.04.930    Vesting.

12.04.935    Referral of application.

12.04.940    Approval criteria.

12.04.945    Decision on lot line adjustments.

12.04.950    Appeal of decision on lot line adjustments.

12.04.955    Appeal to superior court.

12.04.960    Recording lot line adjustments.

*Cross reference(s) – Public works department, ch. 2.28; planning office, ch. 2.30; duties and responsibilities of the planning office, § 2.30.070; required public improvements, ch. 6.02; street and curb cuts, ch. 6.06; street use permits, ch. 6.07; environmental policy, ch. 11.03; administration of development regulations, ch. 12.01.

State law reference(s) – Subdivisions, Chapter 58.17 RCW; land development act, RCW 59.19.010 et seq.; binding site plan, alternative, RCW 58.17.035, 64.32.010 et seq.; local project review, Chapter 36.70B RCW.

Prior legislation – Ord. Nos. 3206 and 3752.

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; Ord. No. 3906, § 1, 1-6-09. 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:

A. That the highest feasible quality in subdivisions will be attained;

B. That the public health, safety, general welfare, and aesthetics of the city shall be promoted and protected;

C. That orderly growth, development, and the conservation, protection, and proper use of land shall be promoted;

D. That proper provisions for all public facilities, including connectivity, circulation, utilities, and services, shall be made;

E. That maximum advantage of site characteristics shall be taken into consideration; and

F. 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; Ord. No. 3906, § 1, 1-6-09. 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.

Unless otherwise indicated and as provided by RCW 58.17.040, the provisions of this chapter do not apply to:

A. Cemeteries and burial plots while used for that purpose;

B. Divisions made by testamentary provisions, or the laws of descent;

C. Division of land due to condemnation or sale under threat thereof, by an agency or division of government vested with the power of condemnation;

D. Divisions of land into lots or tracts classified for industrial or commercial use when the city has approved a binding site plan for the use of the land;

E. Condominium developments, pursuant to either Chapter 64.32 or 64.34 RCW, that are subject to an approved binding site plan;

F. Divisions of land into lots or tracts each of which is five (5) acres or larger if the land is not capable of description as a fraction of a section of land;

G. A division for the purpose of lease when no residential structures other than mobile homes or travel trailers are permitted to be placed upon the land when the city has approved a binding site plan;

H. A division for the purpose of leasing land for facilities providing personal wireless services while used for that purpose; and

I. A division of land into lots or tracts of less than three (3) acres that is recorded in accordance with Chapter 58.09 RCW and is used or to be used for the purpose of establishing a site for construction and operation of consumer-owned or investor-owned electric utility facilities.

(Ord. No. 1840; Ord. No. 2849, § 2, 6-6-89; Ord. No. 3511, § 3, 5-16-00; Ord. No. 3664, § 1, 10-7-03; Ord. No. 3906, § 1, 1-6-09. 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:

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.

F. Circulation shall mean any of a number of quantitative measures that characterize the frequency of transportation mode trips, the duration of a mode trip, and path choices made between two (2) or more activity spaces. Traffic counts usually indicate a measure of circulation.

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.

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 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 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 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.

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 (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.

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, public parks, 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 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.

JJ. 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 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.

OO. 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.

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 used in the future as building sites for purposes of residential dwelling unit construction upon application, further review, and approval by the city.

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.

(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; Ord. No. 3906, § 1, 1-6-09; Ord. No. 3944, § 1, 2-16-10. 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.

(Ord. No. 1840; Ord. No. 2849, § 4, 6-6-89; Ord. No. 3511, § 3, 5-16-00; Ord. No. 3906, § 1, 1-6-09. Formerly § 12.04.060)

Cross reference(s) – Definitions and rules of construction generally, § 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.

G. Hearing examiner. The hearing examiner is authorized to hold a public hearing and make a final decision on subdivision preliminary plats.

H. City council. The city council shall conduct any closed record appeal from a hearing examiner’s final decision on a subdivision preliminary plat. The planning director shall have sole authority to approve subdivision final plats. An appeal of a final plat decision shall be in superior court.

(Ord. No. 1840; Ord. No. 3511, § 3, 5-16-00; Ord. No. 3561, § 1, 6-5-01; Ord. No. 3906, § 1, 1-6-09; Ord. No. 4252, § 2, 9-19-17. Formerly § 12.04.070)

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 Ch. 1.04 KCC for which a monetary penalty may be assessed and abatement may be required as provided therein.

B. Criminal. Any person, firm, corporation, or association, or any agent thereof, who violates any provision of Chapter 58.17 RCW, or any provision of this chapter, relating to the sale, offer for sale, lease, or transfer of any lot, tract, or parcel of land, shall be guilty of a gross misdemeanor and each sale, offer for sale, lease, or transfer of each separate lot, tract, or parcel of land in violation of any provision of Chapter 58.17 RCW, or any provision of this chapter, shall be deemed a separate and distinct offense.

(Ord. No. 3511, § 3, 5-16-00; Ord. No. 3906, § 1, 1-6-09)

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; Ord. No. 3906, § 1, 1-6-09. 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; Ord. No. 3906, § 1, 1-6-09. Formerly § 12.04.030)

12.04.055 Mobile home park design.

The standards of this chapter for residential subdivisions shall apply to mobile home park subdivisions when lots in such subdivisions are to be sold, unless other standards are specifically approved by the city.

(Ord. No. 1840; Ord. No. 3511, § 3, 5-16-00; Ord. No. 3906, § 1, 1-6-09. Formerly § 12.04.520)

Cross reference(s) – Mobile home parks, ch. 12.05; recreational vehicle parks, ch. 12.06; mobile home park combining district, § 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 (43,560) 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;

3. Be located in an area where the topography, soils, hydrology, and other physical characteristics are of such quality as to create a flat, dry, obstacle-free space in a configuration which allows for passive and active recreation;

4. Be centrally located or accessible and convenient to the majority of residents within the development;

5. Have good visibility from streets and sidewalks;

6. Have no dimensions less than thirty (30) feet, except trail segments or as otherwise approved by the planning manager and parks and community services director;

7. Be located in one (1) designated area, unless the planning manager and parks and community services director determine that the residents of a large subdivision, townhouse development, or apartment development would be better served by multiple areas developed with recreation or play facilities; and

8. Be accessible, via trail or walkway, to any existing or planned municipal, county, or regional park; public open space; or trail system adjacent to the subdivision or short subdivision.

E. Recreation space shall be improved with both active and passive areas designed for leisure, play, and sport activities. Play equipment or other age-appropriate facilities, as approved by the city parks and community services director, shall be provided within the recreation space areas. Active recreation improvements shall be included as follows:

1. For developments of twenty-five (25) or less dwelling units, at least one (1) of the following recreation facilities shall be provided in addition to a tot lot or children’s play area:

a. Playground equipment;

b. Sport court;

c. Sport field;

d. Tennis court; or

e. Any other recreation facility proposed by the applicant and approved by the parks and community services director;

2. For developments of twenty-six (26) to fifty (50) dwelling units, at least two (2) or more of the recreation facilities listed in subsection (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 requirements of the City of Kent Surface Water Design Manual and the following conditions:

a. The side slope of the drainage facility shall not exceed the ratio of three (3) feet horizontal to one (1) foot vertical unless slopes are existing, natural, and covered with vegetation;

b. A bypass system or an emergency overflow pathway shall be designed to handle flow exceeding the facility design and located so that it does not pass through active recreation areas or present a safety hazard;

c. The drainage facility shall be landscaped and developed for passive recreation opportunities such as trails, picnic areas, and aesthetic viewing; and

d. The drainage facility shall be designed not to require fencing under the city’s adopted surface water design manual.

G. When a tract is a joint use tract for a drainage facility and recreation space, as referenced in subsection (F)(1) of this section, the city shall not be responsible for maintenance of the recreation space.

H. A recreation space plan shall be submitted to the public works 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; Ord. No. 3906, § 1, 1-6-09)

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:

1. One hundred fifty (150) percent of the average assessed value per unit area of land within the boundaries of the subdivision. The average assessed value shall be that for the year in which the subdivision is deemed complete. Computations shall be based upon King County assessor information; and

2. The gross land area within the subdivision multiplied by five (5) percent.

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; Ord. No. 3906, § 1, 1-6-09)

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;

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; Ord. No. 3906, § 1, 1-6-09)

Article II. Short Subdivisions and Subdivisions

12.04.100 Purpose of Type I and Type II short subdivisions.

The procedures regulating Type 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 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; Ord. No. 3906, § 1, 1-6-09. 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 Chapter 58.17 RCW.

(Ord. No. 3906, § 1, 1-6-09)

12.04.105 Scope of short subdivisions.

A. A Type I short subdivision is defined as any 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.

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 been divided in a short subdivision within a period of five (5) years.

C. 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. 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 (9) parcels, nothing in this section shall prevent the owner who filed the short subdivision from filing an alteration within the five (5) year period to create up to a total of nine (9) lots.

(Ord. No. 1840; Ord. No. 3511, § 3, 5-16-00; Ord. No. 3906, § 1, 1-6-09. 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

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. 3906, § 1, 1-6-09)

12.04.115 Application procedures.

An application for a subdivision or short subdivision consists of the following steps:

1. Preparation of the tentative plat of the proposed subdivision or Type II short subdivision and submission of an application for a pre-application conference;

2. Review of the tentative plat for pre-application conference by the city and convene a meeting with the city resulting in the issuance of a pre-application conference summary letter;

3. Preparation and submission of the preliminary plat of the proposed subdivision to the hearing examiner for a public hearing and decision, or preparation and submission of the preliminary plat of the proposed short subdivision to the short subdivision committee for a public meeting and decision;

4. Installation or bonding of improvements according to the approved preliminary subdivision or short subdivision requirements and satisfaction of all plat conditions;

5. Submission of the subdivision final plat to the planning director for approval, or submission of the short subdivision final plat to the short subdivision committee chairman for approval;

6. Recordation of the approved final plat in the office of the King County 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; Ord. No. 3906, § 1, 1-6-09; Ord. No. 4252, § 3, 9-19-17. Formerly § 12.04.310)

12.04.117 Pre-application review.

Pursuant to KCC 12.01.080, a pre-application conference is encouraged for subdivisions, and Type I and Type II short subdivisions that require SEPA review. The scale and information required for a pre-application conference and the number of copies to be filed shall be in accordance with the requirements of the application checklist.

(Ord. No. 4035, § 1, 4-17-12; Ord. No. 3906, § 1, 1-6-09)

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 King County recorder within the timelines stated in KCC 12.04.215 and 12.04.221.

(Ord. No. 3906, § 1, 1-6-09)

12.04.120 Preliminary subdivision or short subdivision application.

A. Application for a subdivision or short subdivision shall be made to planning services on the forms supplied and in the number of copies prescribed by that division.

B. The preliminary plat or short plat shall be a neat and approximate drawing on reproducible material at a decimal scale. The plat map shall measure eighteen (18) inches by twenty-four (24) inches, be in accordance with Chapter 332-130 WAC, and shall include:

1. The subdivision or short subdivision name; the name and address of the owner; and, if one has been employed in the preparation of the application, the name, address, and stamp with signature of the licensed land surveyor and professional engineer;

2.  The date of preparation, a north arrow, legal description of the property to be subdivided, and a drawing completed in an appropriate decimal scale;

3. The location of existing and proposed platted property lines, and existing section lines, streets, structures, watercourses, railroads, bridges, wells, and any recorded public or private utility or street easements, both on the land to be subdivided and on the adjoining lands that abut the proposed subdivision, for a distance of one hundred (100) feet from the edge of the subject property;

4. The names, locations, widths, and other dimensions of proposed streets, alleys, stormwater and critical area tracts, easements, traffic calming features and devices, parks and other open spaces, reservations, and utilities;

5. The acreage of land to be subdivided, the number of lots, the area of each lot, and the approximate square footage and approximate percent of total acreage in open space;

6. The approximate dimensions of each lot;

7. How the proposed subdivision will be served by utilities and the location of sanitary sewer, domestic water, and storm drainage lines and facilities;

8. All existing structures and distances from any existing and proposed lot lines within or abutting the short subdivision within a distance of one hundred (100) feet;

9. Sufficient topographic data to accurately locate any critical areas that may affect future development, and show contours not less than two (2) feet;

10. Provisions for sidewalks, placement or construction of traffic calming features and devices, and other features that assure safe walking conditions for students who walk to and from school, users of public transit, and other pedestrians;

11. A statement of soil type, drainage conditions, present landscaping including a description of any natural or manmade land cover, wildlife present, and any other environmental factors which may be prescribed by planning services and applicable city codes; and

12. All of the information requested on the application form by planning services.

(Ord. No. 1840; Ord. No. 3511, § 3, 5-16-00; Ord. No. 3561, § 1, 6-5-01; Ord. No. 3906, § 1, 1-6-09. Formerly § 12.04.220)

State law reference(s) – Similar provisions, RCW 58.17.240, 58.17.250.

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 application for a subdivision or short subdivision, as defined in this chapter, has been determined to be complete and has been accepted by the city of Kent, pursuant to KCC 12.01.100.

(Ord. No. 3511, § 3, 5-16-00; Ord. No. 3906, § 1, 1-6-09)

12.04.140 Notice of application. Revised 8/19

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 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 segregation applications within 14 calendar days after the city has made a determination of completeness, and at least 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:

A. The city shall publish the notice of application in a newspaper of general circulation within the city.

B. 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 services office.

C. 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 300 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 acres which have other properties abutting them, these additional properties shall also be mailed a notice of application.

D. 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.

E. One notice of application shall be 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; Ord. No. 3906, § 1, 1-6-09; Ord. No. 4329, § 2, 7-16-19)

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, planning services shall distribute copies of the application materials for review and comment to all city departments with jurisdiction over the application, and to any other department or agency deemed necessary. For short subdivisions, one (1) copy of the application materials shall also be sent to each member of the short subdivision committee. The application shall be distributed 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; Ord. No. 3906, § 1, 1-6-09. 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 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. If a proposed subdivision or short subdivision is located adjacent to the right-of-way of a federal or state highway or within two (2) miles of a state or municipal airport, then notice of application shall be given to the State Department of Transportation. Such notice shall include the hour and location of the public meeting or hearing, a legal description of the property being subdivided, and a location map. The Department of Transportation shall, within fourteen (14) calendar days after receiving the notice, submit to planning services a statement of any information that the department deems to be relevant about the effect of the proposed development upon the legal access to the state highway, the traffic-carrying capacity of the state highway, the safety of the users of the state highway, or the airport.

(Ord. No. 1840; Ord. No. 3511, § 3, 5-16-00; Ord. No. 3906, § 1, 1-6-09. Formerly § 12.04.130)

State law reference(s) – Similar provisions, RCW 58.17.155.

12.04.155 Public meeting/hearing notice. Revised 8/19

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 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 acres which have other properties abutting them, these additional properties shall also be mailed a notice of application. Seven calendar days prior to the short subdivision committee meeting, the city shall mail the short subdivision committee agenda and staff report(s) 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 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 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 300 feet of such adjacently owned parcels. Seven calendar days prior to the public hearing, the city shall mail the public hearing agenda and staff report(s) to the applicant, all owners of the real property, and any person who provided written comments on the application.

(Ord. No. 3511, § 3, 5-16-00; Ord. No. 3906, § 1, 1-6-09; Ord. No. 4329, § 3, 7-16-19)

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 presumed to have no comments if comments are not received within the specified time period. The planning 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.

The fourteen (14) day public comment period begins on the date the notice of application is mailed, posted and published. Planning services must receive all public comments by 4:30 p.m. on the last day of the comment period. Comments may be mailed, personally delivered, or sent by facsimile or e-mail. Comments should be as specific as possible. The 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; Ord. No. 3906, § 1, 1-6-09. Formerly § 12.04.235)

12.04.165 Agency recommendations.

At the time of the preliminary short subdivision or subdivision application, written recommendations for approval or denial in the form of a certificate of water or sewer availability must be submitted from the health agencies responsible for approval of the proposed means of sewage disposal and/or water supply, regarding the general adequacy of the proposed means of sewage disposal and/or water supply. The applicant is responsible for submitting the appropriate application forms to the health agency and for paying any review fee.

(Ord. No. 1840; Ord. No. 2863, § 1(12.04.266), 8-1-89; Ord. No. 3511, § 3, 5-16-00; Ord. No. 3906, § 1, 1-6-09. Formerly § 12.04.370)

12.04.170 Short subdivision committee.

A. The short subdivision committee shall consist of the planning 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 three (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; Ord. No. 3906, § 1, 1-6-09)

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, and subject to, the requirements of KCC 12.01.100 and 12.01.110. The meeting shall be open to the public.

(Ord. No. 3511, § 3, 5-16-00; Ord. No. 3906, § 1, 1-6-09)

12.04.177 Public hearing.

A. The hearing examiner shall hold an open record public hearing in compliance with KCC 12.01.160 on any subdivision preliminary plat within one hundred (100) calendar days of planning services’ determination of a complete application in compliance with, and subject to, the requirements of KCC 12.01.100 and 12.01.110.

B. A record of the public hearing shall be kept by the city and shall be open to public inspection.

(Ord. No. 3906, § 1, 1-6-09)

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;

g. Open spaces;

h. Community parks and recreation;

i. Neighborhood tot lots and recreation areas;

j. Schools and school grounds;

k. Transit stops;

l. Connectivity of streets, alleyways, and other private and public ways for vehicular and pedestrian circulation and access in and between subdivisions and neighborhoods, where feasible;

m. Connectivity of sidewalks, pedestrian pathways, traffic calming features and devices, and other features that assure safe walking conditions within and between subdivisions and neighborhoods for residents and students who walk to and from school, parks, transit stops and other neighborhood services;

n. In single-family residential zoning districts, building lots and street access configured to support the construction of homes with diminished garage doors such that no less than fifty (50) percent of the new lots will support construction of and access to a garage in the rear portion of the lot accessed via a common driveway between lots; or a side access garage; or a garage accessed via a rear alley; or a garage set back no less than ten (10) feet from the front facade of the home; or other design strategies which similarly diminish the prominence of the garage and are approved by the planning manager. Lots and streets shall be configured such that at least two (2) of these options are supported in each new development;

o. In single-family residential zoning districts, landscape buffering along all frontage streets of the subdivision that do not provide the new lots with direct vehicular access;

2. The city has considered all other relevant facts; and

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, 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.

(Ord. No. 3511, § 3, 5-16-00; Ord. No. 3561, § 1, 6-5-01; Ord. No. 3906, § 1, 1-6-09)

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 continuation of the meeting shall be set for the next scheduled short subdivision committee meeting or a date mutually agreed upon by the 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 its 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.

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.

E. An applicant may request that an application previously denied or approved with conditions be reopened by the committee if it is found by the planning manager and the applicant that new information has come to light that might 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; Ord. No. 3906, § 1, 1-6-09. 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 Chs. 2.32 and 12.01 KCC. 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; Ord. No. 3906, § 1, 1-6-09. 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.

D. A party of record may make a written request for reconsideration of the decision by the hearing examiner within five (5) working days of the date the decision is rendered, pursuant to KCC 12.01.160(F).

(Ord. No. 3906, § 1, 1-6-09)

12.04.193 City council closed record appeal.

Repealed by Ord. No. 4044.

(Ord. No. 3906, § 1, 1-6-09)

12.04.195 Appeal to superior court.

The decision of the hearing examiner is final for short subdivisions and subdivisions unless it is appealed to the superior court. Such appeal must be filed with the superior court within twenty-one (21) calendar days from the date the decision was issued.

(Ord. No. 3511, § 3, 5-16-00; Ord. No. 3906, § 1, 1-6-09; Ord. No. 4044 § 22, 8-21-12)

12.04.200 Property annexed to city with preliminary plat approval from King County.

A. In instances where property annexed to the city has received subdivision or short subdivision preliminary approval from King County prior to annexation, planning services, public works department, fire department, and parks and community services department shall review the plat. City plan check review and inspections shall be subject to fees, which are on file in the city clerk’s office.

B. The density, lot size, and dimensions, and the provisions made for open space, stormwater facilities and conveyance systems, streets, alleys, public ways, water, sanitary wastes, parks, playgrounds, sites for schools and school grounds, and those conditions imposed by King County need not comply with the requirements of KCC Title 15, Zoning, or the design and construction standards. These plats are to be developed in accordance with county standards in effect at the time of vesting of the preliminary plat application in the county.

C. The preliminary plat shall comply with the King County regulations pertaining to expiration of the preliminary plat that were in effect on the date the application vested. The date of approval will be that date on which King County approved the preliminary plat.

D. The procedures for subdivision or short subdivision final plats shall be those county procedures and regulations in effect at the time of vesting of the preliminary application in the county.

(Ord. No. 1840; Ord. No. 3511, § 3, 5-16-00; Ord. No. 3906, § 1, 1-6-09. Formerly § 12.04.400)

12.04.205 Installation of improvements or bonding in lieu of improvements.

A. The following tangible improvements shall be required before a final plat or final short plat is recorded:

1. Construction and subsequent acceptance by the city of all public and private improvements as required by the conditions of approval;

2. All improvements are to be made pursuant to specifications and standards of city code, approved by the public works department and in accordance with the current edition of the design and construction standards of the city.

B. The public works department shall be responsible for the supervision, inspection, and acceptance of all subdivision improvements and shall charge the subdivider a fee that has been assessed in accordance with KCC 6.03.010 as enacted, subsequently amended, or replaced.

C. Prior to proceeding with subdivision or short subdivision improvements, the subdivider shall make application for such permits from the city as are required. The applicant is also responsible for complying with all permit requirements of other federal, state, and local agencies.

D. No plat or short plat shall be recorded until all improvements are constructed in a satisfactory manner and approved by the responsible departments or a bond approved by the city has been posted for deferred improvements. If a developer wishes to defer certain improvements, written application shall be made to the public works department and planning services stating the reasons why such delay is necessary. If the deferment is approved, the developer shall furnish a bond or assignment of funds to the city in an amount equal to a minimum of one hundred fifty (150) percent of the estimated cost of all required public and private improvements remaining to be constructed. The decision of the public works director and planning manager, or respective designees, as to the amount of such bond shall be final. Such bond shall list the work that shall be performed by the developer and shall specify that all of the deferred improvements be completed within one (1) year after recording of the subdivision or short subdivision. The bond shall be held by the public works department. The developer may substitute a certified or cashier’s check or assignment of funds in lieu of a bond. Such check or assignment shall be made payable to the city of Kent and shall be in the same amount as the bond it is substituting. At the discretion of the public works director, an assignment of funds may be required for all or a portion of the bond amount.

E. The city reserves the right, in addition to all other remedies available to it by law, to proceed against such bond or other payment in lieu thereof. In case of any suit or action to enforce any provisions of this chapter, the developer shall pay the city all costs incidental to such litigation including reasonable attorney’s fees. The applicant shall enter into an agreement with the city requiring payment of such attorney’s fees. The requirement of the posting of any performance bond or other security shall be binding on the applicant, his heirs, successors, and assigns.

F. The public works department shall notify planning services verifying that the developer has completed the required installations and/or bonding in accordance with the provisions of this chapter and the specifications and standards of the departments. Planning services shall notify the developer advising him to proceed with recordation of the short plat or final plat when the required improvements have been installed and approved or adequate security has been posted as provided in subsection (D) of this section.

(Ord. No. 1840; Ord. No. 3511, § 3, 5-16-00; Ord. No. 3561, § 1, 6-5-01; Ord. No. 3906, § 1, 1-6-09. Formerly § 12.04.410)

State law reference(s) – Improvements, RCW 58.17.130.

12.04.210 Filing the final plat.

A. A final plat or final short plat shall be prepared by a professional land surveyor licensed in the state of Washington, based on the Washington State Plane Coordination System, and be submitted to planning services along with all forms required and with the number of originals and copies requested.

B. The final plat or final short plat submitted for filing shall comply with the conditions of preliminary approval and Chapters 58.09 and 58.17 RCW and Chapter 332-130 WAC. The original drawing shall be in black ink on mylar or photographic mylar.

C. In addition to other requirements as specified in this section, the final plat or final short plat shall contain or be accompanied by the following:

1. Signature of the owner of the property on the face of the final plat or final short plat mylar;

2. A notarized certificate of the owner, contract purchaser, grantor of a deed of trust, or other holder of beneficial title to the property being subdivided indicating that the subdivision or short subdivision is made with free consent and in accordance with their desires, and if the subdivision or short subdivision is subject to deeding of property, the notarized certificate shall be signed by all parties having any ownership interest in the lands subdivided. For purposes of this section, ownership interest shall include legal and equitable property interests, including, but not limited to, present, future, contingent, or whole fee interests, together with a beneficiary’s interest pursuant to a trust and contract interest pursuant to a specifically enforceable contract for the purchase of the real property;

3. Certification by the responsible health agencies that the methods of sewage disposal and water service are acceptable;

4. Certification by the public works department that the subdivider has complied with either of the following alternatives:

a. All improvements have been installed in accordance with the requirements of these regulations; or

b. Certain improvements have been deferred according to KCC 12.04.205(D), deferred improvements;

5. The subdivider shall furnish the city a current plat or short plat certificate or title report from a title insurance company, produced no more than 45 calendar days prior to final plat or final short plat application, that documents the ownership and title of all interested parties in the plat or short plat, subdivision, short subdivision, or dedication and that lists all liens and encumbrances. The legal description in the title report shall be identical to the legal description on the face of the plat or short plat. The city reserves the right to require updates of the certificate or title report at any time prior to signing the final plat or final short plat by the short subdivision committee chairman;

6. Any person signing for a corporation must provide documentation that shows they have the authority to execute on behalf of the said corporation;

7. Copies of any restrictive covenants as may be used in the subdivision or short subdivision;

8. Certification of approval to be signed by the King County assessor;

9. Certification of approval to be signed by the King County recorder;

10. Certificate of approval by the chairman of the short subdivision committee;

11. Copies of any bylaws for a homeowners’ association, if created;

12. Approved printed computer lot closure on all lots, alleys, and boundaries.

D. All subdivisions and short subdivisions shall be surveyed by a land surveyor licensed in the state of Washington. All lot, tract, parcel, and right-of-way corners and angle points shall be set in accordance with Chapter 58.09 RCW. Street monuments shall be in accordance with city of Kent design and construction standards and shall be installed per those same standards. Sufficient intervisible monuments shall be set to ensure that any property within the subdivision or short subdivision can be readily resurveyed at a later time or as may be specified by the public works department. All final plats and final short plats shall be based on at least two city of Kent horizontal control points and reference the North American Datum of 1983/1991 Adjustment (NAD 83/91) or its successor as may be adopted by the public works department survey section.

E. If any utility companies and/or utility districts have existing easements within the proposed plat or short plat, the applicant or its assigns shall have these easements removed or shall have their rights subordinated to the city of Kent if they fall within dedicated right-of-way or tracts for public use.

F. The final plat or final short plat must be submitted to planning services for review as to compliance with all terms of the preliminary approval; terms of bonding or the completion of all improvements; and completeness and accuracy of survey data and platting requirements.

G. Before a final short plat is filed with King County, it shall be signed by the chairman of the short subdivision committee when the plat is determined to be in compliance with all applicable short subdivision requirements.

H. After all final plat conditions for a subdivision have been met, it shall be signed by the city engineer, city finance director, and planning director.

I. An approved final plat or short plat shall be filed for record with King County and shall not be deemed approved until filed.

J. A conformed copy of the recorded plat or short plat shall be filed with planning services and the public works department.

(Ord. No. 4035, § 2, 4-17-12; Ord. No. 1840; Ord. No. 3511, § 3, 5-16-00; Ord. No. 3561, § 1, 6-5-01; Ord. No. 3906, § 1, 1-6-09; Ord. No. 4252, § 4, 9-19-17. Formerly § 12.04.260)

12.04.215 Short subdivision preliminary plat expiration.

Short subdivision preliminary plat approval shall lapse four (4) years from the date of preliminary plat approval unless a final plat based on the preliminary plat has been reviewed and approved by the city and recorded with King County. In addition, for those preliminary short subdivision approvals that have not expired as of the passage date of the ordinance codified in this chapter, their expiration period shall be extended two (2) additional years, for a total of a four (4) year expiration period from the time of preliminary approval.

(Ord. No. 1840; Ord. No. 3443, § 1, 2-16-99; Ord. No. 3511, § 3, 5-16-00; Ord. No. 3898, § 1, 12-9-08; Ord. No. 3906, § 1, 1-6-09. 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 nine (9) parcels, nothing in this section shall prevent the owner who filed the short subdivision from filing an alteration within the five (5) year period to create up to a total of nine (9) lots within the original short subdivision boundaries.

(Ord. No. 1840; Ord. No. 3511, § 3, 5-16-00; Ord. No. 3906, § 1, 1-6-09. Formerly § 12.04.290)

12.04.221 Subdivision preliminary plat expiration.

A. Subdivision preliminary plat approval shall remain valid for that period of time specified in Chapter 58.17 RCW, plus one year. During this period, an applicant must submit a final plat based on the preliminary plat, or any phase thereof, and meeting all of the requirements of this chapter and Chapter 58.17 RCW, to the city council for approval, or the preliminary plat shall lapse and become void.

B. For preliminary plats approved between January 1, 2008, and December 31, 2008, one extension of 15 months shall be granted to an applicant who files a written request for extension with the economic and community development department prior to the expiration of the preliminary plat’s validity period, as provided in subsection (A) of this section.

C. In the case of a phased subdivision, final plat approval by the planning director of any phase of the subdivision preliminary plat will constitute an automatic one-year extension for the filing of the final plat for the next phase of the subdivision.

(Ord. No. 4035, § 3, 4-17-12; Ord. No. 3906, § 1, 1-6-09; Ord. No. 4194, § 1, 4-19-16; Ord. No. 4252, § 5, 9-19-17)

12.04.223 Decision on subdivision final plat.

The planning director shall approve, disapprove, or return the final plat to the applicant for modification and/or correction within 30 calendar days of the date of the city’s determination of acceptance of the final plat application, unless the applicant consents to an extension of such time period.

(Ord. No. 3906, § 1, 1-6-09; Ord. No. 4252, § 6, 9-19-17)

12.04.225 Subdivision final plat expiration.

If a final plat has not been submitted for recording within six months after approval by the planning director, the plat shall expire and be null and void. One extension of no longer than six months may be granted by the planning director. To revitalize a plat that has expired under this section, the plat shall be resubmitted as a preliminary plat.

(Ord. No. 3906, § 1, 1-6-09; Ord. No. 4252, § 7, 9-19-17)

12.04.227 Procedure for alteration of a subdivision or short subdivision.

A. An applicant requesting to alter a subdivision or short subdivision or any portion thereof, except as provided in KCC 12.04.230, shall submit a plat alteration application to the permit center. The application shall be accompanied by such submittal requirements as described in the application form, and applicable fees, and shall contain the signatures of all persons having an ownership interest in lots, tracts, parcels, sites, or divisions within the subdivision or short subdivision or in that portion to be altered.

B. The planning director shall have the authority to determine whether the proposed alteration constitutes a minor or major alteration. Major alterations are those that are not in response to staff review or public appeal and substantially change the basic design, increase the number of lots, substantially decrease open space, substantially change conditions of subdivision or short subdivision approval, substantially change access points, or other similar requirements or provisions. Minor alterations are those that make minor changes to engineering design or lot dimensions, decrease the number of lots to be created, or increase open space, or other similar minor changes. Major alterations shall not alter the vesting or validity period of the originally approved subdivision or short subdivision.

C. If the subdivision or short subdivision is subject to restrictive covenants which were filed at the time of the approval, and the application for alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the subdivision or short subdivision or any portion thereof.

D. If the alteration is requested prior to final plat or final short plat review and signature, a minor alteration may be approved with consent of the planning and the public works directors. A major plat or short plat alteration shall require consent of the short subdivision committee for short subdivisions or the hearing examiner for subdivisions after public notice and a public meeting or hearing is held. Planning services shall provide notice of the application for a major plat or short plat alteration to all owners of property within the subdivision or short subdivision, all parties of record, and as was required by the original subdivision or short subdivision application. The planning director shall have the authority to determine whether the proposed alteration constitutes a minor or major alteration pursuant to subsection (B) of this section.

E. If the alteration is requested after final plat or final short plat review and signature, but prior to filing the final plat or final short plat with King County, a plat or short plat alteration may be approved with consent of the short subdivision committee for short subdivisions or the planning director for subdivisions. Upon receipt of an application for alteration, planning services shall provide notice of the application to all owners of property within the subdivision or short subdivision, all parties of record, and as was required by the original application. The notice shall establish a date for a public meeting or hearing.

F. If the alteration is requested after filing the final plat or final short plat with King County, a minor plat or short plat alteration may be approved with consent of the short subdivision committee in the case of short subdivisions or the planning director for subdivisions. If the planning director determines that the proposed alteration is a major alteration, pursuant to subsection (B) of this section, then the planning director may require replatting pursuant to this chapter. Upon receipt of an application for alteration, planning services shall provide notice of the application to all owners of property within the subdivision or short subdivision, all parties of record, and as was required by the subdivision or short subdivision plat application. The notice shall establish a date for a public meeting or hearing.

G. The city shall determine the public use and interest in the proposed alteration and may deny or approve the application for alteration. If any land within the alteration is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration. If any land within the alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between adjacent properties.

H. After approval of the alteration, the city shall order the applicant to produce a revised drawing of the approved alteration of the subdivision or short subdivision, which after signature the final plat or final short plat shall be filed with King County to become the lawful plat or short plat of the property.

I. This section shall not be construed as applying to the alteration or replatting of any plat or short plat of state-granted shore lands.

(Ord. No. 4035, § 4, 4-17-12; Ord. No. 3511, § 3, 5-16-00; Ord. No. 3906, § 1, 1-6-09; Ord. No. 4252, § 8, 9-19-17; Ord. No. 4257, § 3, 11-21-17. Formerly 12.04.225)

12.04.230 Procedure for vacation of a subdivision or short subdivision.

A. Whenever an applicant wishes to vacate a subdivision or short subdivision or any portion thereof, that person shall file an application for vacation with planning services. The application shall set forth the reasons for vacation and shall contain signatures of all parties having an ownership interest in that portion of the subdivision subject to vacation.

B. If the development is subject to restrictive covenants which were filed at the time of the approval, and the application for vacation would result in a violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the vacation of the subdivision or short subdivision or portion thereof.

C. When the vacation application is specifically for a city street or road, the procedures for street vacation in Ch. 6.09 KCC shall be followed for the street or road vacation. When the application is for the vacation of the plat or short plat together with the streets or roads, the procedure for vacation in this section shall be used but vacations of streets may not be made that are prohibited under state law.

D. Planning services shall give notice to all owners of property within the subdivision or short subdivision, all property owners within 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 a subdivision or short subdivision may be approved or denied after the city has determined the public use and interest to be served by the vacation. If any portion of the land contained in the proposed vacation was dedicated to the public for public use or benefit, such land, if not deeded to the city, shall be deeded to the city unless the city council sets forth findings that the public use would not be served in retaining title to those lands.

E. Title to the vacated property shall vest with the rightful owner as shown in King County records. If the vacated land is land that was dedicated to the public, for public use other than a road or street, and the city council has found that retaining title to the land is not in the public interest, title thereto shall vest with the person or persons owning the property on each side thereof, as determined by the city council. When the road or street that is to be vacated was contained wholly within the subdivision or short subdivision and is part of the boundary of the subdivision or short subdivision, title to the vacated road or street shall vest with the owner or owners of property contained within the vacated subdivision.

F. This section shall not be construed as applying to the vacation of any plat or short plat of state-granted shore lands.

(Ord. No. 3511, § 3, 5-16-00; Ord. No. 3906, § 1, 1-6-09)

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. KCC Title 6 (Public Works);

4. KCC Title 7 (Utilities);

5. KCC Title 11 (Environmental Management);

6. KCC Title 13 (Fire Prevention and Protection);

7. KCC Title 12 (Planning and Land Development);

8. KCC Title 15 (Zoning);

9. City of Kent comprehensive plan;

10. King County board of health rules and regulations.

B. All improvements shall be constructed in accordance with the city’s design and construction standards as hereinafter amended.

(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; Ord. No. 3906, § 1, 1-6-09. Formerly § 12.04.430)

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:

A. Increase through-connections to adjacent subdivisions and activity centers.

1. Subdivision streets should connect through to serve adjacent properties except where impractical.

2. Cul-de-sac streets of the subject subdivision should provide pedestrian/bicycle pathway(s) from bulb-ends to neighboring subdivision(s) streets or other adjacent activity centers.

3. Subdivisions should provide continuous sidewalks on both sides of streets fronting developed lots and connect to other streets.

B. Provide streetscaping improvements.

1. Vehicular traffic calming elements should be included in the subdivision.

2. Planting strips and medians should be included in the subdivision.

3. Neighborhood identity elements such as entry monument signs, medians, and pavement textures should be included in the subdivision.

(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; Ord. No. 3906, § 1, 1-6-09. Formerly § 12.04.430)

12.04.243 Traffic calming.

A. Traffic calming improvements are required, and are specified according to street classification, site conditions, or other conditions as determined by the public works department, in consultation with the planning services office and fire prevention division.

B. Residential streets with entrances connected to arterial or collector streets shall provide curb bulb-outs at each plat entrance, or shall provide curbs constructed at the return radius standard for residential class streets found in the city design and construction standards. Other traffic calming options may be determined more appropriate to site conditions by the public works department, in consultation with the planning services office and fire prevention division.

C. Mid-block chokers are required on blocks greater than five hundred (500) feet in length, unless otherwise determined by the public works department.

D. Other traffic calming designs and improvements may be determined appropriate as remedial options by the public works department, in consultation with the planning services office and fire prevention division. These options include, but are not limited to:

1. Traffic circles;

2. Chokers;

3. Chicanes; and

4. Speed humps.

(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; Ord. No. 3906, § 1, 1-6-09. Formerly § 12.04.430)

12.04.245 Exterior street buffering.

A minimum ten (10) foot wide perimeter strip of type II landscaping and associated fencing shall be provided along the subdivision or short subdivision perimeter where it is adjacent to a public or private street that does not provide direct vehicular access to individual lots. The landscaping strip shall include an automatic irrigation system sufficient to ensure survival of the planted materials. Fencing constructed of wood, iron, masonry, or other suitable materials approved by the planning manager shall be located between the landscaping strip and the subdivision or short subdivision lots and 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 plat or short plat map. Maintenance of the landscape strip and fence shall be the responsibility of a homeowners’ association or other entity approved by the city.

(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; Ord. No. 3906, § 1, 1-6-09. Formerly § 12.04.430)

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, 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; Ord. No. 3906, § 1, 1-6-09. Formerly § 12.04.470)

12.04.260 Zero lot line subdivisions and short subdivisions.

A. Zero lot line subdivisions and short subdivisions shall be subject to the development standards outlined in KCC 15.08.320 and 15.08.330. These standards include minimum lot size, width, depth, etc.

B. The regulations of KCC 12.04.235 through 12.04.250 shall apply to zero lot line subdivisions unless specifically modified in the conditions of preliminary approval.

(Ord. No. 2656, § 2, 9-15-86; Ord. No. 3511, § 3, 5-16-00; Ord. No. 3561, § 1, 6-5-01; Ord. No. 3906, § 1, 1-6-09. Formerly § 12.04.485)

Cross reference(s) – Zero lot line development, § 15.08.300 et seq.

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. Except as described in subsection (C) of this section, cluster subdivisions and short subdivisions shall be subject to the SR-8 zoning district development standards outlined in KCC Title 15. These standards include, but are not limited to, minimum lot size, width, yards, setbacks, parking, landscaping, signage, etc.

C. The provisions of KCC 12.04.235 through 12.04.250, as well as other applicable portions of this chapter, shall apply unless specifically exempted. In addition, the following standards shall apply to clustered subdivisions or short subdivisions:

1. Location. The cluster residential development shall be required in the SR-1 zoning district within urban separator areas.

2. Permitted uses. The cluster residential development option shall include only single-family residential uses.

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. The minimum lot size of individual building lots within a cluster subdivision or short subdivision is two thousand five hundred (2,500) square feet. New lots created by any subdivision or short subdivision action shall be clustered in groups not exceeding eight (8) units. There may be more than one (1) cluster per project. Separation between cluster groups shall be a minimum of one hundred twenty (120) feet.

6. Lot width. The minimum lot width for individual building lots in a cluster subdivision or short subdivision shall be thirty (30) feet.

7. Other development standards. Development standards other than lot size, lot width, and density shall be the same as are required within the SR-8 zoning district.

8. Common open space. The common open space in a cluster subdivision or short subdivision shall be a minimum of fifty (50) percent of the nonconstrained area of the parcel. The nonconstrained area of the parcel includes all areas of the parcel, minus critical areas, as defined in RCW 36.70A.030(5) as currently and hereinafter amended, and buffers. The remainder of the nonconstrained area of the parcel shall be the buildable area of the parcel. The common open space tracts created by clustering shall be located and configured in the manner that best connects and increases protective buffers for environmentally sensitive areas, connects and protects area wildlife habitat, creates connectivity between the open space provided by the clustering and other adjacent open spaces as well as existing or planned public parks and trails, and maintains scenic vistas. Critical areas and buffers shall not be used in determining lot size and common open space requirements in a cluster subdivision or short subdivision. All natural features (significant stands of trees and rock outcropping), as well as critical areas (such as streams, steep slopes, and wetlands and their buffers) shall be preserved.

Future development of the common open space shall be prohibited. Except as specified on recorded documents creating the common open space, all common open space resulting from lot clustering shall not be altered or disturbed in a manner that degrades adjacent environmentally sensitive areas, rural areas, agricultural areas, or resource lands; impairs scenic vistas and the connectivity between the open space provided by the clustered development and adjacent open spaces; degrades wildlife habitat; and impairs the recreational benefits enjoyed by the residents of the development. Such common open spaces shall be conveyed to residents of the development, conveyed to a homeowners’ association for the benefit of the residents of the development, or conveyed to the city with the city’s consent and approval.

(Ord. No. 4035, § 5, 4-17-12; Ord. No. 3551, § 5, 3-20-01; Ord. No. 3663, § 1, 10-7-03; Ord. No. 3906, § 1, 1-6-09)

12.04.264 Clustering in residential zones outside urban separators.

A. When located wholly outside an urban separator, cluster subdivisions or short subdivisions are allowed in SR-1, SR-3, SR-4.5, SR-6, and SR-8 zoning districts subject to the regulations below.

B. The purpose of this cluster development option is as follows: to permit greater flexibility in design and discourage development sprawl; to facilitate the economical and efficient provision of public services; to provide a more efficient use of land in harmony with its natural characteristics; to preserve more usable open space, agricultural land, tree cover, recreation areas, and scenic vistas; and to expand the opportunity for the development of affordable housing without increasing the development’s overall density. Development standards and review criteria are intended to ensure that lots are consistent with the desired character of the zone, allowing lots to vary in size and shape, while still adhering to the planned density of the zone.

C. Cluster subdivisions or short subdivisions shall be subject to the development standards outlined in KCC Title 15, unless otherwise modified by this chapter. These standards include, but are not limited to, minimum lot size, width, yards, setbacks, parking, landscaping, and signage.

D. The provisions of KCC 12.04.235 through 12.04.250, as well as other applicable portions of this chapter, shall apply unless specifically exempted. In addition, the following standards shall apply to clustered Type I subdivisions or short subdivisions:

1. Location. The cluster residential development may be allowed in SR-1, SR-3, SR-4.5, SR-6, and SR-8 zoning districts outside of urban separators.

2. Permitted uses. The cluster residential development option shall include only single-family residential uses, as defined in KCC 15.02.115.

3. Minimum area. No minimum area is established for a cluster residential development.

4. Permitted density. The maximum number of dwelling units permitted in a cluster development shall be no greater than the number of dwelling units allowed for the parcel as a whole for the zoning district in which it is located.

5. Lot size. In the interest of encouraging flexibility in site design and the preservation of open space, the minimum lot size of individual building lots within a cluster subdivision or short subdivision in single-family residential zoning districts may be reduced by twenty-five (25) percent of the minimum lot size for the underlying zoning district.

6. Lot width. The minimum lot width for individual building lots in a cluster subdivision or short subdivision shall be thirty (30) feet. A shared driveway easement may be included in the minimum lot width of irregular lots, provided the total driveway width is no less than sixteen (16) feet and no longer than one hundred fifty (150) feet unless otherwise required by the fire and public works departments.

7. Other development standards. Development standards other than lot size and lot width shall be the same as are required within the zoning district in which the cluster residential development is located. Design review is required for cluster development projects using the review criteria in KCC 15.09.045(D), Multifamily design review.

8. Additional approval criteria for cluster development projects:

a. The proposed cluster development project shall have a beneficial effect upon the community and users of the development that would not normally be achieved by traditional lot-by-lot development, and it shall not be detrimental to existing or potential surrounding land uses as defined by the comprehensive plan.

b. The proposed cluster development project shall be compatible with the existing land use or property that abuts or is across the street from the subject property. Compatibility includes, but is not limited to, apparent size, scale, mass, and architectural design.

c. Unusual and sensitive environmental features of the site shall be preserved, maintained, and incorporated into the design to benefit the development and the community.

d. The proposed cluster development project shall provide open areas by using techniques such as separation of building groups, use of well-designed open space, common or shared space, and landscaping. Open space shall be integrated within the cluster development project rather than be an isolated element of the project.

e. The proposed cluster development project shall promote variety and innovation in site and building design and shall include architectural and site features that promote community interaction and accessibility, such as porches, de-emphasized garages, shared driveways, sidewalks/ walkways, and adjacent common areas. Buildings shall be related by common materials and roof styles, but contrast shall be provided throughout the site by the use of varied materials, architectural detailing, building scale, and orientation.

f. Building design shall be based on a unified design concept, particularly when construction is in phases.

9. Common open space.

a. The common open space in cluster subdivisions or short subdivisions shall be a minimum of twenty-five (25) percent of the entire parcel, whether or not the parcel is constrained by critical areas and their associated buffers.

b. Parking areas, public rights-of-way, maneuvering areas, streets, storage areas, driveways, and yards within individual lots shall not be included in common open space.

c. The common open space tracts created by clustering shall be located and configured in the manner that best connects and increases protective buffers for environmentally sensitive areas, connects and protects area wildlife habitat, creates connectivity between the open space provided by the clustering and other adjacent open spaces, as well as existing or planned public parks and trails, and maintains scenic vistas.

d. All natural features (such as significant stands of trees and rock outcroppings) as well as critical areas (such as streams, steep slopes, and wetlands and their associated buffers) shall be preserved.

e. Future development of the common open space shall be prohibited. Except as specified on recorded documents creating the common open space, all common open space resulting from lot clustering shall not be altered or disturbed in a manner that degrades adjacent environmentally sensitive areas, rural areas, agricultural areas, or resource lands; impairs scenic vistas and the connectivity between the open space provided by the clustered development and adjacent open spaces; degrades wildlife habitat; and impairs the recreational benefits enjoyed by the residents of the development.

f. Ownership of such common open spaces shall be conveyed to all residents of the development, conveyed to a homeowners’ association for the benefit of the residents of the development, or conveyed to the city with the city’s consent and approval.

(Ord. No. 3663, § 2, 10-7-03; Ord. No. 3770, § 1, 11-15-05; Ord. No. 3906, § 1, 1-6-09)

Article III. Binding Site Plans

12.04.800 Purpose.

Consistent with RCW 58.17.035, the purpose of this article is (A) to create an alternative process segregating property zoned industrial or commercial for the purpose of sale or lease without the necessity of completing the procedures for platting; and (B) to allow for the division of multifamily residential zoned land for condominium purposes without the necessity of completing the procedures for platting. A binding site plan process merely creates or alters existing lot lines and does not authorize construction, improvements, or changes to the property or the uses thereon.

(Ord. No. 3664, § 1, 10-7-03; Ord. No. 3906, § 1, 1-6-09)

12.04.805 Binding site plan committee.

A. A binding site plan shall be considered by the city’s binding site plan committee. Planning services 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 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. The meeting may be continued if no decision is reached at the first meeting. The second meeting shall be held no later than seven (7) calendar days after the first meeting or on a date mutually agreed upon by the applicant and the committee.

C. Three (3) of the five (5) members of the binding site plan committee must be present in order for the committee to take any action.

D. The binding site plan committee may approve, approve with conditions or modifications, or deny the application. The committee shall not impose any conditions which are inconsistent with prior land use approvals of the development covered by this application. The decision of the committee shall be made at the committee meeting.

E. As a condition of approval of the binding site plan, the binding site plan committee shall have the right and authority to require the deeding of rights-of-way or easements for street and/or utility purposes, when determined necessary as a result of the binding site plan development. Any deeding shall precede the recordation of the binding site plan unless otherwise specified through a development agreement.

(Ord. No. 3664, § 1, 10-7-03; Ord. No. 3906, § 1, 1-6-09)

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 planning services. Any appeal shall be consistent with KCC 12.01.190, Open record appeal.

(Ord. No. 3664, § 1, 10-7-03; Ord. No. 3906, § 1, 1-6-09)

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; Ord. No. 3906, § 1, 1-6-09)

12.04.820 Application requirements for commercial and industrial sites.

All of the following information shall be included in any application for binding site plan approval for commercial and industrial lots:

A. At a minimum, the binding site plan application shall include the following information:

1. A map or plan showing the location and size of all new proposed lots;

2. Proposed and existing structures including floor areas and setbacks;

3. Location of existing and proposed public rights-of-way, private and public streets and easements;

4. Location of all existing and proposed open spaces including any required landscaped areas, parking areas and all major manmade or natural features (i.e., streams, creeks, drainage courses, railroad tracks, utility lines, etc.);

5. Layout of an internal vehicular and pedestrian circulation system, including proposed or existing ingress and egress points;

6. Location of existing and proposed fire hydrants to serve the site;

7. Description, location, and size of existing and proposed utilities, storm drainage facilities, and streets to serve each lot;

8. Expected location of new buildings and driveways;

9. Certificate of water and/or sewer availability, if not served by the city of Kent;

10. Parking calculations to demonstrate that the requirements of Ch. 15.05 KCC have been met;

11. The following code data: zoning district; total lot area; total building area; percent of site coverage; total parking and vehicle maneuvering areas;

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 current title report produced no more than forty-five (45) calendar days prior to submittal covering all property shown within the boundaries of the binding site plan shall be submitted with the application.

C. A plan showing the layout and size of all existing and proposed utilities to serve each lot.

D. A phasing plan and time schedule, if the site is intended to be developed in phases.

E. A complete environmental checklist, if required by Ch. 11.03 KCC.

F. Copies of all easements, covenants, and other encumbrances restricting the use of the site.

(Ord. No. 3664, § 1, 10-7-03; Ord. No. 3906, § 1, 1-6-09)

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 domestic water supply, sanitary sewer, stormwater facilities and conveyance systems, private and/or public streets, pedestrian access, vehicle access and maneuvering, public and private utilities, and other public needs;

2. Each lot shall provide access to a public street and make provisions for connectivity of alleys, pedestrian access ways, and other public ways;

3. The binding site plan complies with, or makes adequate provisions to comply with, applicable provisions of the building code, fire code, public works design and construction standards, and zoning standards;

4. Potential environmental impacts, together with any practical means of mitigating adverse impacts, have been considered such that the proposal will not have an adverse effect upon the environment;

5. Approving the binding site plan will serve the public use and interest and adequate provisions have been made for the public health, safety, and general welfare.

B. Shared improvements. As a condition of approval, the city may authorize or require the sharing of open space, parking, access, setbacks, landscaping, and other improvements among contiguous properties. Conditions of use, maintenance, and restrictions on redevelopment of shared open space, parking, access, and other improvements shall be identified on the binding site plan and enforced by covenants, easements, or other similar mechanisms. Such agreements or restrictions shall be recorded with King County and run with the land. Such agreements shall be approved as to form by the city attorney prior to filing the final binding site plan. The binding site plan shall contain any applicable irrevocable dedications of property. The binding site plan shall contain a provision requiring that any development of the site shall be in conformity with the approved site plan and any applicable development regulations subject to the vesting requirements of this chapter.

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 KCC 15.08.450.

(Ord. No. 3664, § 1, 10-7-03; Ord. No. 3906, § 1, 1-6-09; Ord. No. 4151, § 5, 5-19-15)

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 plat.

(Ord. No. 3664, § 1, 10-7-03; Ord. No. 3906, § 1, 1-6-09)

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, 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; Ord. No. 3906, § 1, 1-6-09)

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 planning services requesting the alteration. The application shall contain the signatures of all persons having an ownership interest in lots, tracts, parcels, sites, or divisions within the binding site plan or in that portion of the binding site plan to be altered. The planning manager shall have the authority to determine whether a proposed alteration is minor or major.

B. If the binding site plan is subject to restrictive covenants which were filed at the time of the approval of the binding site plan, and the application for alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the binding site plan or portion thereof.

C. If the alteration is requested to a binding site plan prior to recording of the binding site plan with King County, a minor alteration may be approved with consent of the planning manager and the public works director. A major alteration shall require consent of the binding site plan committee, after public notice and a public meeting is held. The planning services office shall provide notice of the application for a major alteration to all owners of property within the binding site plan, parties of record, and as was required by the original application.

D. If the alteration is requested to a binding site plan after recording of the binding site plan with King County and it is determined to be a minor alteration, it may be approved with the consent of the binding site plan committee, after public notice and a public meeting is held. The planning services office shall provide notice of the application for a minor alteration to all owners of property within the binding site plan, all parties of record, and as was required for the original application. If the alternation is requested to a binding site plan after 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 King County to become the lawful binding site plan of the property.

(Ord. No. 3664, § 1, 10-7-03; Ord. No. 3906, § 1, 1-6-09)

12.04.845 Vacation for commercial and industrial sites.

A binding site plan may be vacated as a whole only. Vacating a binding site plan releases all conditions and obligations on the parcel associated with such plan. A binding site plan may be vacated by submitting a letter to the planning manager indicating an intention to vacate the binding site plan. The letter shall include signatures of all ownership interests within the binding site plan and shall become binding upon its acceptance by the planning manager.

(Ord. No. 3664, § 1, 10-7-03; Ord. No. 3906, § 1, 1-6-09)

12.04.850 Vesting for commercial and industrial sites.

A binding site plan application shall be considered under the zoning and other land use codes in effect on the land at the time of submission of the fully complete binding site plan application. Any vacant or redeveloped lot within an approved binding site plan shall comply with the standards in place at such time as a subsequent project permit application is filed on that property unless otherwise provided for in a development agreement.

(Ord. No. 3664, § 1, 10-7-03; Ord. No. 3906, § 1, 1-6-09)

12.04.855 Applicability for condominium sites.

Multifamily residential condominium developments are eligible for binding site plan approval, when the purpose of such approval is to divide the property so a portion of the parcel or tract can be subjected to either Chapter 64.32 or 64.34 RCW. A binding site plan can only be approved either when the development has already been constructed or when the approval has been obtained and a building permit for an entire development or a portion of a development is issued.

(Ord. No. 3664, § 1, 10-7-03; Ord. No. 3906, § 1, 1-6-09)

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-four (24) inches.

2. Contain the name of the proposed development; the legal description of the property for which binding site plan approval is sought; the date on which the plans were prepared; the graphic scale and north point of the plans.

3. Show the following:

a. The layout of the site including the location of all existing and proposed structures and their distance from property lines; the location of all existing and proposed utilities, streets, and easements within or abutting subject property; the location of all existing and proposed pedestrian walkways; and existing and proposed open space area.

b. Any areas proposed to be dedicated or reserved for public purposes, and areas to be reserved for private open space and landscaping and areas reserved for the common use of the occupants of the proposed development.

c. All major manmade or natural features, i.e., streams, creeks, storm water facilities, railroad tracks, etc.

d. Building dimensions, height and number of stories, distance between buildings, location and size of parking areas and number of stalls.

e. Following zoning code data:

i. Zoning district;

ii. Total lot area (square feet);

iii. Total building area (square feet);

iv. Percent of site coverage;

v. Number of units proposed;

vi. Total number of parking stalls (include handicapped);

vii. Total parking and maneuvering area (square feet);

viii. Required landscaping (square feet);

ix. Percent of lot in open space;

x. Type of construction;

xi. Sprinklered-nonsprinklered;

xii. Occupancy classification.

4. Contain the name of the proposed development and the title “Binding Site Plan” shall be at the top of the plan, in large print, together with the statement required pursuant to RCW 58.17.040(7)(e), prominently displayed on the face of the site plan map.

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:

Any building permit required to develop any portion of the property shall not be issued until the streets and utilities necessary to serve that portion of this property have been constructed and installed or until arrangements acceptable to the city have been made to ensure that the construction and installation of such streets and utilities will be accomplished.

C. The application shall be accompanied by a current title report produced no more than forty-five (45) calendar days prior to submittal.

(Ord. No. 3664, § 1, 10-7-03; Ord. No. 3906, § 1, 1-6-09)

12.04.865 Approval criteria for condominium sites.

Approval of a binding site plan shall take place only after the following are met:

A. Adequate provisions have been made for open space, domestic water supply, sanitary sewer, storm water facilities and conveyance systems, private and/or public streets, pedestrian access, vehicle access and maneuvering, public and private utilities, and other public needs according to the design and construction standards of the public works department;

B. Comply with all building code requirements;

C. Comply with all zoning code requirements and development standards; and

D. Have suitable physical characteristics.

A proposed binding site plan may be denied because of flood, inundation, or critical areas, or construction of protective improvements may be required as a condition of approval.

(Ord. No. 3664, § 1, 10-7-03; Ord. No. 3906, § 1, 1-6-09)

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 58.17 RCW and Ch. 12.04 KCC.

(Ord. No. 3664, § 1, 10-7-03; Ord. No. 3906, § 1, 1-6-09)

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:

A. 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. Graphic scale and north point must be on the map;

B. Size eighteen (18) inches by twenty-four (24) inches;

C. Legal description of the total parcel shall be shown on the final binding site plan;

D. Property subject of the binding site plan shall be surveyed by a land surveyor licensed in the state of Washington. All exterior corners and streets shall be monumented. Surveyor’s certificate must appear on the final binding site plan;

E. Certificate of approval by the chairman of the binding site plan committee shall be provided on the final binding site plan; and

F. The face of the final binding site plan must be signed by all owners of the property.

(Ord. No. 3664, § 1, 10-7-03; Ord. No. 3906, § 1, 1-6-09)

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 with King County and shall not be deemed approved until so filed. Copies of the approved binding site plans shall be filed with planning services, city clerk’s office, and department of public works.

(Ord. No. 3664, § 1, 10-7-03; Ord. No. 3906, § 1, 1-6-09)

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 planning services prior to the six (6) month expiration date.

(Ord. No. 3664, § 1, 10-7-03; Ord. No. 3906, § 1, 1-6-09)

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 planning services. Planning services shall determine what information shall be submitted with a request for an amendment, based on the type of modification being requested. Any amendment to an approved binding site plan must be reviewed by the binding site 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, and recorded with King County.

(Ord. No. 3664, § 1, 10-7-03; Ord. No. 3906, § 1, 1-6-09)

Article IV. 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 code requirements.

(Ord. No. 3511, § 3, 5-16-00; Ord. No. 3906, § 1, 1-6-09)

12.04.905 Scope.

A lot line adjustment shall allow property owners to alter, eliminate, or relocate lot lines to correct encroachments, improve access, correlate property lines with survey or map lines, or to create better lot design while conforming to all applicable code requirements pertaining to lot design, building location, and development standards. A lot line adjustment shall not allow the creation of additional lots, parcels, or tracts. All lines being adjusted must be between lots that have been legally created under the regulations of the subdivision ordinances in effect at the time of the lots’ creation.

(Ord. No. 3511, § 3, 5-16-00; Ord. No. 3906, § 1, 1-6-09)

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 planning services at an early date on an informal basis in order to become familiar with the requirements of this chapter. The public works department, fire department, and building services division shall also be consulted at this time for advice and assistance in understanding the impact 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; Ord. No. 3906, § 1, 1-6-09)

12.04.915 Application procedures.

Lot line adjustment applications shall be submitted on the forms supplied and in the number of copies prescribed by planning services, and shall include the following:

A. A legible 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;

B. The signature of all parties having any ownership interest in the lands affected by the lot line adjustment, indicating that the lot line adjustment is made with free consent and in accordance with their desires. For purposes of this section, ownership interest shall include legal and equitable property interests, including, but not limited to, present, future, contingent or whole fee interests, together with a beneficiary’s interest pursuant to a trust and contract interest pursuant to a specifically enforceable contract for the purchase of the real property;

C. A current title report produced no more than forty-five (45) calendar days prior to lot line adjustment application;

D. A copy of the existing legal description for all parcels; and

E.  Legal descriptions of the proposed new lots.

(Ord. No. 3511, § 3, 5-16-00; Ord. No. 3906, § 1, 1-6-09)

12.04.920 Principles of acceptability.

Lot line adjustments shall be consistent with the following principles of acceptability:

A. Adjust lot lines to eliminate a common lot 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;

B. Create better lot design, or improve access;

C. Conform to applicable zoning, subdivision, and other code requirements pertaining to lot design, building location, and development standards;

D. Shall not create an additional lot, parcel, or tract;

E. Lots created or combined for tax purposes do not constitute a legal lot of record;

F. If a lot line adjustment is used to facilitate the development of the remaining property by segregating an existing house, that parcel shall be subject to the same design and construction standards as the development.

(Ord. No. 3511, § 3, 5-16-00; Ord. No. 3906, § 1, 1-6-09)

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.

(Ord. No. 3511, § 3, 5-16-00; Ord. No. 3906, § 1, 1-6-09)

12.04.935 Referral of application.

A. Within seven (7) calendar days of accepting a complete application, planning services shall distribute copies of the lot line adjustment map and the application materials for review and comment to city departments with jurisdiction over the lot line adjustment application. The distribution notice shall state the dates of the comment period and deadline for submission of comments to planning services.

B. A copy of the lot line adjustment map and the application materials shall be provided to affected agencies as deemed necessary or if requested by the agency.

C. City departments and affected agencies shall submit comments on the proposed lot line adjustment to planning services within ten (10) calendar days of distribution. The department or agency is presumed to have no comments if comments are not received within the specified time period.

(Ord. No. 3511, § 3, 5-16-00; Ord. No. 3906, § 1, 1-6-09)

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; and

g. Protection of critical areas and habitat as required by Ch. 11.06 KCC;

2. The city has considered all other relevant facts;

3. The public use and interest will be served by the adjustment of such property lines;

4. The lot line adjustment is consistent with the principles of acceptability per KCC 12.04.920; and

5. New legal descriptions are consistent with the minimum standard requirements specified in WAC 332-130-040.

(Ord. No. 3511, § 3, 5-16-00; Ord. No. 3906, § 1, 1-6-09)

12.04.945 Decision on lot line adjustments.

A. Planning services will review and approve the proposed lot line adjustment after receiving a complete application and providing an opportunity for comment from other city departments and affected agencies. The planning manager may approve, approve with modifications, or deny the application for a lot line adjustment. If approved, all copies of the lot line adjustment map shall be stamped “approved” and signed and dated by the planning manager. The applicant shall be notified in writing of the decision. Additional copies of the approval notification and map shall be distributed to King County and to the public works department.

B. If modifications are deemed necessary by the planning 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; Ord. No. 3906, § 1, 1-6-09)

12.04.950 Appeal of decision on lot line adjustments.

The decision of the planning manager shall be final, unless an appeal is made by the aggrieved party of record to the hearing examiner within fourteen (14) calendar days after the written decision. The appeal shall be in writing and shall be processed pursuant to Ch. 2.32 and 12.01 KCC. 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; Ord. No. 3906, § 1, 1-6-09)

12.04.955 Appeal to superior court.

The decision of the hearing examiner is final, unless appealed to the superior court. Such an appeal must be filed with the superior court within twenty-one (21) calendar days from the date the decision was issued.

(Ord. No. 3511, § 3, 5-16-00)

12.04.960 Recording lot line adjustments.

A lot line adjustment does not become effective until it and the appropriate deeds are recorded with King County. The city shall submit the approved map and new legal descriptions to King County for recording. The city shall return a copy of the recorded documents to the applicant. The recording of a lot line adjustment does not constitute a transfer of title. If the title to an area of land is changing ownership, separate deeds to this effect must be recorded with King County.

(Ord. No. 3511, § 3, 5-16-00; Ord. No. 3906, § 1, 1-6-09)