Chapter 22.28
DESIGN REQUIREMENTS Amended Ord. 4716

Sections:

22.28.010    Applicability.

22.28.020    Provision for public and semipublic lands.

22.28.025    Maximum development potential.

22.28.030    Lots—Size.

22.28.040    Lots—Lot averaging.

22.28.041    Lots—Low impact development.

22.28.042    Lots—Small lot single-family. Amended Ord. 4716

22.28.048    Lots—Historic preservation. Amended Ord. 4716

22.28.050    Lots—Dimensions.

22.28.060    General layout.

22.28.070    Blocks—Maximum length.

22.28.080    Access—Required.

22.28.090    Access—Right-of-way—Adjacent to plat.

22.28.100    Access—Right-of-way—Within plats.

22.28.110    Access—Vehicular-access easement or tract.

22.28.130    Vehicular-access easement or tract—Standards.

22.28.140    Vehicular-access easement or tract—Additional requirements.

22.28.150    Vehicular-access easement or tract—Engineering standards for vehicular access.

22.28.160    Vehicular-access easement or tract—Modifications.

22.28.170    Access—Walkways.

22.28.180    Preservation of natural features—Compliance with Zoning Code.

22.28.190    Preservation of natural features—Land adjacent to Lake Washington.

22.28.200    Preservation of natural features—Land adjacent to streams, lakes or wetlands.

22.28.210    Preservation of natural features—Significant vegetation.

22.28.220    Preservation of natural features—Easements.

22.28.010 Applicability.

The provisions of this chapter apply to each plat and short plat within the city. For the purposes of this chapter, the terms “subdivision” and “plat” also mean “short subdivision” and “short plat.” (Ord. 3705 § 2 (part), 1999)

22.28.020 Provision for public and semipublic lands.

The city may require the applicant to make land available, by dedication, for school sites, parks and open space, rights-of-way, utilities infrastructure, or other public or semipublic uses of land if this is reasonably necessary as a result of the subdivision. (Ord. 3705 § 2 (part), 1999)

22.28.025 Maximum development potential.

For lots containing critical areas or associated buffers, see Chapter 90 KZC for subdivisions and maximum development potential. (Ord. 4551 § 4 (Att. B) (part), 2017)

22.28.030 Lots—Size.

All lots within a subdivision must meet the minimum size requirements established for the property in the Kirkland Zoning Code or other land use regulatory document. The following provisions shall not apply to properties located in an RSA zone.

If a property is smaller than that required for subdivision by an amount less than or equal to ten percent of the minimum lot size for the zoning district as shown on the Kirkland zoning map or as indicated in the Kirkland Zoning Code, subdivision may still proceed as long as the shortage of area is spread evenly over all of the lots in the subdivision. In cases where an existing structure or other physical feature (sensitive area, easement, etc.) makes even distribution of the size shortage difficult, an exception to the even distribution may be made.

If a property is smaller than that required for subdivision by an amount greater than ten percent and less than or equal to fifteen percent of the minimum lot size for the zoning district as shown on the Kirkland zoning map or as indicated in the Kirkland Zoning Code, subdivision may also proceed, as long as:

(a)    The shortage of area is spread evenly over all of the lots in the subdivision (unless an existing structure or other physical feature such as a sensitive area or easement makes even distribution of the size shortage difficult); and

(b)    All lots have a minimum lot width at the back of the required front yard of no less than fifty feet (unless the garage is located at the rear of the lot or the lot is a flag lot); and

(c)    In zoning districts for which the Zoning Code establishes a floor area ratio (FAR) limitation, a covenant is signed prior to recording of the plat ensuring that building on the new lots will comply with an FAR restriction at least ten percentage points less than that required by the zoning district as shown on the Kirkland zoning map; and

(d)    If any lot is smaller than the minimum lot size for the zoning district by an amount greater than five percent of the minimum lot size, the subdivision may be approved if the new lots are compatible, with regard to size, with other lots in the immediate vicinity of the subdivision.

A covenant must also be signed prior to recording of the plat to ensure that the garage will be located at the rear of the lot in cases where this option is chosen under subsection (b) of this section. (Ord. 4438 § 1 (Att. A) (part), 2014: Ord. 4196 § 2 (Exh. B) (part), 2010: Ord. 3705 § 2 (part), 1999)

22.28.040 Lots—Lot averaging.

In multiple lot subdivisions not located in an RSA or PLA 3C zone and not subject to Section 22.28.030, the minimum lot area shall be deemed to have been met if the average lot area is not less than the minimum lot area required of the zoning district in which the property is located as identified on the zoning map. Under this provision, either:

(a)    Not more than twenty percent of the number of lots in a subdivision and one of the lots in a short plat may contain an area less than the prescribed minimum for this zoning district. In no case shall any lots be created which contain an area more than ten percent less than the prescribed minimum for this zoning district; or

(b)    Up to seventy-five percent of the number of lots in a subdivision or short plat may contain an area less than the prescribed minimum for this zoning district if the lots which would be created contain an area no more than five percent less than prescribed.

These smaller lots shall be located so as to have the least impact on surrounding properties and public rights-of-way.

Using process IIA, Chapter 150 KZC, and the applicable sections of Chapter 22.12 or 22.20 of this title, additional lot averaging may be achieved. Through process IIA, not more than thirty percent of the number of lots in a subdivision, and two of the lots in a short plat, may contain an area less than the prescribed minimum for this zoning district as long as the average lot area is not less than the minimum lot area required for the zoning district in which the property is located as identified on the zoning map. In no case shall any lots be created through this process which contain an area more than fifteen percent less than the prescribed minimum for this zoning district. The smaller lots shall be located so as to have the least impact on surrounding properties and public rights-of-way. In addition, the plat or short plat must meet the following criteria:

(1)    The averaging is necessary because of special circumstances regarding the size, shape, topography, or location of the subject property, or the location of a preexisting improvement on that subject property; and

(2)    The averaging will not be materially detrimental to the property or improvements in the area of the subject property or to the city in part or as a whole; and

(3)    Existing significant trees and vegetation will be preserved where feasible to buffer the adjacent properties from the smaller lots in the subject subdivision.

Additional lot averaging may only be addressed and obtained through the provisions of Chapter 125 KZC, Planned Unit Development, and the applicable sections of Chapter 22.12 or 22.20 of this title. (Ord. 4332 § 1(B) (Exh. B), 2011: Ord. 4196 § 2 (Exh. B) (part), 2010: Ord. 4011 § 2, 2005: Ord. 3705 § 2 (part), 1999)

22.28.041 Lots—Low impact development.

(a)    In multiple lot low impact development subdivisions described in Chapter 114 KZC, Low Impact Development, and not subject to Sections 22.28.030 and 22.28.040, the minimum lot area shall be deemed to have been met if the minimum lot area is not less than fifty percent of the lot area required of the zoning district in which the property is located as identified on the zoning map; provided, that all lots meet the following standards:

(1)    Within the RSA 6 zone, the lots shall be at least two thousand five hundred fifty square feet.

(2)    Within the RSA 4 zone, the lots shall be at least three thousand eight hundred square feet.

(b)    The lots within the low impact development meet the design standards and guidelines and approval criteria as defined in Chapter 114 KZC. (Ord. 4438 § 1 (Att. A) (part), 2014: Ord. 4351 § 2, 2012)

22.28.042 Lots—Small lot single-family. Amended Ord. 4716

Within the RS and RSX 6.3, 7.2 and 8.5 zones, for those subdivisions not subject to the lot size flexibility provisions of Sections 22.28.030 and 22.28.040, low impact development provisions of Section 22.28.041, and historic preservation provisions of Section 22.28.048, the minimum lot area shall be deemed to be met if at least one-half of the lots created contain no less than the minimum lot size required in the zoning district in which the property is located. The remaining lots may contain less than the minimum required lot size; provided, that such lots meet the following standards:

(a)    Within the RS 6.3, RSX and RS 7.2 zones, the lots shall be at least five thousand square feet.

(b)    Within the RSX and RS 8.5 zones, the lots shall be at least six thousand square feet.

(c)    Repealed by Ord. 4438.

(d)    The floor area ratio (FAR) shall not exceed thirty percent of lot size; provided, that FAR may be increased up to thirty-five percent of the lot size if the following criteria are met:

(1)    With the exception of accessory features, all roof forms consist of ridgelines peaked near the center of the structure, with a minimum pitch of four feet vertical to twelve feet horizontal; and

(2)    All structures are set back from side property lines by at least seven and one-half feet.

(e)    The FAR restriction shall be recorded on the face of the plat.

(f)    Accessory dwelling units are prohibited. This restriction shall be recorded on the face of the plat. (Ord. 4706 § 1 (Exh. A), 2019: Ord. 4438 § 1 (Att. A) (part), 2014: Ord. 4372 § 2 (Att. B) (part), 2012: Ord. 4332 § 1(C) (Exh. C), 2011: Ord. 4330 § 1 (Exh. A), 2011: Ord. 4102 § 1(A), 2007)

22.28.048 Lots—Historic preservation. Amended Ord. 4716

Within the low density zones listed below in subsections (a) through (d) of this section, for those subdivisions not subject to the lot size flexibility provisions of Sections 22.28.030 and 22.28.040, low impact development provisions of Section 22.28.041, and the small lot single-family provisions of Section 22.28.042, the minimum lot area shall be deemed to be met if no more than two lots are created that contain less lot area than the minimum size required in the zoning district in which the property is located, and if an “historic residence” is preserved on one of the lots, pursuant to the process described in Chapter 75 KZC. The lots containing less than the minimum required lot area shall meet the following standards:

(a)    Within the RSA 6, RS 6.3 and RS and RSX 7.2 zones, the lots shall be at least five thousand square feet.

(b)    Within the RSA 4, RS 8.5 and RSX 8.5 zones, the lots shall be at least six thousand square feet.

(c)    Within the RS 12.5, RSX 12.5 and WDII zones, the lots shall be at least seven thousand two hundred square feet.

(d)    Within the RS and RSX 35 zones not located north or northeast of the Bridle Trails State Park, the lots shall be at least fifteen thousand fifty square feet.

(e)    Repealed by Ord. 4438.

(f)    Accessory dwelling units are prohibited. The restriction shall be recorded on the face of the plat.

Lots containing historic residences shall also meet the following standards:

(g)    If a historic residence is destroyed, damaged, relocated, or altered inconsistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties (Rehabilitation) (Code of Federal Regulations, 36 CFR Part 68), the replacement structure shall be reconstructed in accordance with the criteria established in KZC 75.105. The replacement restriction shall be recorded on the face of the plat.

(h)    As part of subdivision approval, the city may allow the following modifications to regulations in the Kirkland Zoning Code regarding minimum required yards, maximum lot coverage, and floor area ratio on the lot containing the historic residence if the modifications are necessary to accommodate the historic residence.

(1)    Required yards may be two feet less than required by the zoning district as shown on the Kirkland zoning map.

(2)    Floor area ratio may be five percentage points more than allowed by the zoning district as shown on the Kirkland zoning map.

(3)    Lot coverage may be five percentage points more than allowed by the zoning district as shown on the Kirkland zoning map.

(i)    At the time of recording the plat, a notice of applicable restrictions for the lot containing the designated historic residence shall be recorded. (Ord. 4438 § 1 (Att. A) (part), 2014: Ord. 4372 § 2 (Att. B) (part), 2012: Ord. 4102 § 1(B), 2007)

22.28.050 Lots—Dimensions.

Lots must be of a shape so that reasonable use and development may be made of the lot. Generally, the depth of the lot should not be more than twice the width of the lot. In no case shall a lot be less than fifteen feet in width where it abuts the right-of-way, vehicular-access easement or tract providing vehicular access to the subject lot. For lots smaller than five thousand square feet in size located in “low density zones” as defined in the Zoning Code, the lot width at the back of the required front yard shall not be less than fifty feet unless the garage is located at the rear of the lot or the lot is a flag lot. A covenant shall be signed prior to the recording of the plat to ensure that the garage will be located at the rear of the lot if this option is chosen. (Ord. 4122 § 1 (part), 2008: Ord. 3705 § 2 (part), 1999)

22.28.060 General layout.

The plat must be designed to allow for reasonable subdivision and use of adjoining properties. While the plat should generally conform to the grid pattern, innovative layouts will be considered based on the general requirements of this chapter. (Ord. 3705 § 2 (part), 1999)

22.28.070 Blocks—Maximum length.

Generally, blocks should not exceed five hundred feet in length. Blocks that are more than seven hundred fifty feet in length should allow for midblock pedestrian access pursuant to Section 22.28.170 of this chapter. (Ord. 3705 § 2 (part), 1999)

22.28.080 Access—Required.

(a)    All lots must have direct legal access as required by the Zoning Code, including KZC 115.80, Legal Building Site, and KZC 105.10, Vehicular Access Easement or Tract Standards. The city will determine whether access will be by right-of-way or vehicular-access easement or tract on a case-by-case basis.

(b)    Unless otherwise provided in the Kirkland Zoning Code, the area of a vehicular-access easement or tract shall not be included in the computation of the lot area for the servient lot. However:

(1)    If the vehicular easement serves only one lot which does not abut a public right-of-way, the easement shall be included in the lot area for the servient lot; provided, that the servient lot abuts a public right-of-way and is not a flag lot; and

(2)    The area of a vehicular-access easement shall be included in the lot area for cottage housing development approved pursuant to Chapter 113 KZC. (Ord. 4196 § 2 (Exh. B) (part), 2010: Ord. 4152 § 2, 2008: Ord. 4122 § 1 (part), 2008: Ord. 3705 § 2 (part), 1999)

22.28.090 Access—Right-of-way—Adjacent to plat.

The applicant shall comply with the requirements of the Zoning Code with respect to dedication and improvements of rights-of-way adjacent to the plat. (Ord. 3705 § 2 (part), 1999)

22.28.100 Access—Right-of-way—Within plats.

If a right-of-way is proposed within a plat, the public works director shall designate the right-of-way based on the projections for that right-of-way using the criteria established in the Zoning Code. The applicant shall dedicate and improve the right-of-way consistent with the provisions of the Zoning Code. (Ord. 3705 § 2 (part), 1999)

22.28.110 Access—Vehicular-access easement or tract.

If vehicular access within the plat will be provided by means other than rights-of-way, the plat must establish easements or tracts which will provide the legal right of access to each of the lots served. The city may require that the legal right of access be granted to other adjoining properties in order to provide a safe and efficient circulation system within the city. (Ord. 3705 § 2 (part), 1999)

22.28.130 Vehicular-access easement or tract—Standards.

The applicant shall comply with the requirements found in KZC 105.10 for vehicular-access easements or tracts. (Ord. 3705 § 2 (part), 1999)

22.28.140 Vehicular-access easement or tract—Additional requirements.

The city may require additional or other requirements for vehicular-access easements or tracts based on unusual circumstances. (Ord. 3705 § 2 (part), 1999)

22.28.150 Vehicular-access easement or tract—Engineering standards for vehicular access.

The public works director is directed to develop and keep current full engineering standards and specifications for improvements to vehicular-access easements or tracts. The applicant shall comply with these standards and specifications. These standards and specifications are available for public inspection and copying in the public works department during regular business hours. (Ord. 3705 § 2 (part), 1999)

22.28.160 Vehicular-access easement or tract—Modifications.

The provisions in Chapter 105 KZC, pertaining to modifications to the required improvements, may be used by the applicant or the city to modify the vehicular-access easement or tract provisions of this chapter. (Ord. 3705 § 2 (part), 1999)

22.28.170 Access—Walkways.

(a)    The city may require the applicant to install pedestrian walkways in any of the following circumstances:

(1)    If a walkway is indicated as appropriate in the comprehensive plan;

(2)    If the walkway is reasonably necessary to provide efficient pedestrian access to a designated activity center of the city;

(3)    Midblock pedestrian access may be required if blocks are unusually long.

(b)    Pedestrian access shall be provided by means of dedicated rights-of-way, tracts or easements at the city’s option. (Ord. 3705 § 2 (part), 1999)

22.28.180 Preservation of natural features—Compliance with Zoning Code.

The applicant has the responsibility in proposing a plat to be sensitive with respect to the natural features, including topography, streams, lakes, wetlands, fish and wildlife habitat conservation areas, frequently flooded areas, geologic features and vegetation, of the property.

The plat must be designed to preserve and enhance as many of these valuable features as possible. In addition to the specific provisions of this chapter, the applicant shall comply with all applicable provisions of the Zoning Code regarding property containing or adjacent to Lake Washington, Totem Lake, Forbes Lake, wetlands and streams, geologically hazardous areas, trees and other specific requirements regarding site development restrictions due to natural features. (Ord. 4551 § 4 (Att. B) (part), 2017: Ord. 4011 § 3, 2005: Ord. 3705 § 2 (part), 1999)

22.28.190 Preservation of natural features—Land adjacent to Lake Washington.

Subdivisions adjacent to Lake Washington must comply with the provisions of Kirkland’s Shoreline Master Program regarding open space and public access along the waterfront. (Ord. 3705 § 2 (part), 1999)

22.28.200 Preservation of natural features—Land adjacent to streams, lakes or wetlands.

The city may require that any area adjacent to a Type F, NP or Ns stream under Chapter 90 KZC or Class A, B and C stream for properties within a jurisdiction of the Shoreline Management Act under Chapter 83 KZC, a lake, or a wetland be kept in its natural or preexisting state if this is reasonably necessary to prevent hazards to persons or property. In addition, the city may also require that areas around Type F, NP and Ns streams under Chapter 90 KZC or Class A, B, and C streams for properties within jurisdiction of the Shoreline Management Act under Chapter 83 KZC, lakes, wetlands, frequently flooded areas or fish and wildlife habitat conservation areas be kept in their natural or preexisting state if this is reasonably necessary to protect unique and valuable environments. (Ord. 4551 § 4 (Att. B) (part), 2017: Ord. 3705 § 2 (part), 1999)

22.28.210 Preservation of natural features—Significant vegetation.

The applicant shall design the plat so as to comply with the tree management requirements set forth in Chapters 90 and 95 KZC to maximize the chances of survival of trees and associated vegetation designated for retention, and minimize potential hazards to life or property. (Ord. 4551 § 4 (Att. B) (part), 2017: Ord. 4011 § 4, 2005: Ord. 3705 § 2 (part), 1999)

22.28.220 Preservation of natural features—Easements.

The city shall require open space or critical area easements or other similar mechanisms to ensure compliance with Sections 22.28.130 through 22.28.210 of this chapter. (Ord. 4551 § 4 (Att. B) (part), 2017: Ord. 3705 § 2 (part), 1999)