Chapter 17.35 LAYOUT AND DESIGN OF SUBDIVISIONS AND SIMILAR REQUIREMENTS

The provisions of this chapter apply to each subdivision, short subdivision, subdivision alteration, subdivision vacation and, to the extent possible, each binding site plan, modified subdivision, and modified short subdivision within the City. For the purposes of this chapter, the term “subdivision” also includes “short subdivision,” “subdivision alteration,” “subdivision vacation,” “binding site plan,” and “modified subdivision.” The provisions of this chapter shall also apply to any subdivisions approved in conjunction with a planned unit development (PUD) pursuant to Title 18 DMMC, unless the provisions are specifically varied by the PUD. [Ord. 1585 § 97, 2013.]

17.35.030 Purpose.

The purpose of this chapter is to identify layout and design standards for the actions set forth in DMMC 17.35.020. [Ord. 1585 § 98, 2013.]

17.35.040 Authority.

This chapter is adopted pursuant to the provisions of chapter 58.17 RCW and other applicable laws. [Ord. 1585 § 99, 2013.]

17.35.050 Lot standards.

(1) General. All lots within a subdivision shall meet the minimum size and dimension requirements of Title 18 DMMC for the zone classification assigned to the property proposed to be subdivided.

(2) Configuration. Lots shall be shaped so that reasonable use and development is possible. Where topography, natural features, and the existing development pattern permit, the depth of lots less than 15,000 square feet in area shall be at least equal to, but not more than, twice the width of the lot.

(3) Orientation. Where topography, natural features, and the existing development pattern permit, side lot lines generally shall be at right angles to the street upon which the lot faces, except that on curved streets they shall be at a right angle to the tangent of the curve.

(4) Frontage. Every lot shall have a minimum of 20 feet of frontage on a street that is fully improved and approved by the City.

(5) Corner Lots. All corner lots shall be five feet wider than the minimum lot width required by the underlying zone.

(6) Odd Lots. Subdivisions having lots with an irregular shape and unable to be classified under Title 18 DMMC shall show setback lines for such lots and provide covenants requiring such setbacks with recording of the final plat. [Ord. 1585 § 100, 2013.]

17.35.060 General layout.

(1) General. The subdivision shall be designed to allow for reasonable subdivision and use of adjoining properties, including, but not limited to, considerations related to surface water management, all utilities, and pedestrian and vehicular access. While the subdivision should generally conform to the City’s grid pattern and street plan, innovative layouts will be considered based on the general requirements of this chapter.

(2) Maximum Length. Where topography, natural features, and the existing development pattern permit, blocks shall not exceed 500 feet in length. Blocks that are more than 750 feet in length should allow for midblock pedestrian ways pursuant to DMMC 17.25.100.

(3) Project Integration. All proposed subdivisions shall be designed to provide pedestrian and vehicular connections to adjoining developed or vacant properties when such connections will result in improved access or planned access and be in the public interest. [Ord. 1585 § 101, 2013.]

17.35.070 Access – General.

(1) All lots shall have direct legal access to either a right-of-way or a private street within a vehicular access tract meeting the requirements of this chapter. Access shall be to a right-of-way unless extension of a right-of-way to a lot is constrained by topography, or the existing development pattern. The City shall determine whether access will be by right-of-way or vehicular access tract on a case-by-case basis; provided, that in no instance shall a vehicular access tract serve more than four lots.

(2) An owned vehicular access having a minimum width of 20 feet shall be permitted to serve one lot only (e.g., panhandle or flag lot). The area of the vehicular access strip shall not be included in the computation of lot area.

(3) No lot shall have an easement across another lot for vehicular access.

(4) Access to lots which abut two or more rights-of-way or vehicular access tracts shall be established on a case-by-case basis. Generally, lots shall obtain access from the right-of-way having the least amount of through traffic. [Ord. 1585 § 102, 2013.]

17.35.080 Access – Rights-of-way.

(1) General. All rights-of-way within and abutting the subdivision shall be improved in accordance with the standards set forth in chapter 12.15 DMMC.

(2) Designation of Rights-of-Way. If a new right-of-way is proposed within a subdivision, the Planning, Building and Public Works Director shall classify the right-of-way based on the projections for that right-of-way using the right-of-way definitions established in “City of Des Moines Street Development Standards” as adopted by chapter 12.15 DMMC.

(3) Dedication. The City may require the dedication of rights-of-way to serve adjacent properties in order to provide a safe and efficient circulation system within the City.

(4) Construction of Street System Improvements on Rights-of-Way Abutting the Subdivision and Off-Site from the Subdivision. Such street system improvements as are defined in Title 12 DMMC shall be constructed on rights-of-way abutting the subdivision and off-site from the subdivision as directed by the City Council in the course of discretionary review of the subdivision. The subdivision applicant required to construct off-site street system improvements are entitled to reimbursement as provided in Title 12 DMMC.

(5) Modifications. The applicant may request and the Planning, Building and Public Works Director may grant a modification of the right-of-way improvements defined in the current Street Development Standards for subdivisions that do not yield more than two lots based upon the following criteria:

(a) The subdivision contains less than 100 lineal feet of street frontage and would not match existing improvements; or

(b) The subdivision does not front on a street identified in the Priority Pedestrian Network in the current Comprehensive Transportation Plan and would not match existing improvements; or

(c) The subdivision does not front on a street identified in the Priority Pedestrian Network in the current Comprehensive Transportation Plan and unusual topographic or physical conditions preclude the construction of the improvements as required. [Ord. 1585 § 103, 2013.]

17.35.090 Access – Private streets within vehicular access tracts.

(1) General. If vehicular access within the subdivision will be provided by means other than rights-of-way, the subdivision shall establish tracts which provide the legal right of access to each of the lots served and establish joint maintenance responsibilities. 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. The ownership of vehicular access tracts is shared by owners of all lots having the right to access through the tracts.

(2) Private Streets. All private streets within the subdivision shall be improved in accordance with the standards set forth in chapter 12.15 DMMC.

(3) Other Improvements. The City may require additional or other requirements for private streets within vehicular access tracts, if necessary to address unusual circumstances.

(4) Lot Area. The area of vehicular access tracts shall not be included in the computation of lot area for any lot. [Ord. 1585 § 104, 2013.]

17.35.100 Access – Pedestrian ways.

The City may require the installation of pedestrian ways within dedicated rights-of-way or tracts in any of the following circumstances:

(1) If a pedestrian way is indicated as appropriate in the Comprehensive Plan.

(2) If the pedestrian way is reasonably necessary to provide efficient pedestrian access to a school, park, business district, or transit stop or to integrate pedestrian travel throughout the neighborhood.

(3) To provide a midblock connection between parallel streets where the total length of a block is 750 feet or more. [Ord. 1585 § 105, 2013.]

17.35.110 Utilities and related improvements – General.

All utility system improvements shall be designed and installed in accordance with all standards of the applicable serving utility. [Ord. 1585 § 106, 2013.]

17.35.120 Utilities and related improvements – Water system.

The subdivision shall be served by a system which provides potable water service to each lot created. The system shall provide adequate fire flow, as specified by the fire marshal, and all firefighting infrastructure and appurtenances required by City codes. [Ord. 1585 § 107, 2013.]

17.35.130 Utilities and related improvements – Surface water.

(1) General. The subdivision shall be served by a permanent storm water facility designed to accommodate runoff from all land within the subdivision and collect, convey, treat, detain, or infiltrate any runoff from the subdivision in accordance with the surface water management program requirements of Titles 11, 14, 16, and 18 DMMC.

(2) Tracts Required. All publicly owned surface water detention and above-ground conveyance improvements shall be located in separate tracts which provide for surface water functions. The area dedicated under this section shall become the property of the City, which shall thereafter assume all maintenance and other ownership responsibilities.

(3) Lot Area. The area of surface water tracts shall not be included in the compilation of lot area for any lot. [Ord. 1671 § 13, 2017: Ord. 1585 § 108, 2013.]

17.35.140 Utilities and related improvements – Sanitary sewer.

The subdivision shall have a sanitary sewer system to serve each lot. [Ord. 1585 § 109, 2013.]

17.35.150 Utilities and related improvements – Undergrounding.

(1) Underground Installation Required. All electrical and communication systems shall be installed underground in all subdivisions. Existing above-ground electrical and communication systems located in all rights-of-way adjoining the proposed subdivision and extending from the subdivision to the nearest utility pole also shall be undergrounded unless:

(a) The systems are located within the one-half of the right-of-way which does not abut the subdivision; or

(b) The existing above-ground system cannot be undergrounded without either adding a new utility pole or undergrounding systems on private property not within the subdivision. When existing above-ground utility systems are not required to be undergrounded, conduit shall be installed within the abutting right-of-way in accordance with utility standards, as necessary to preclude excavation within the right-of-way at such time as undergrounding is feasible.

(2) Exceptions. The following electrical and communication systems shall not be required to be installed underground:

(a) Electrical utility substations, pad-mounted transformers and switching facilities not located on the public right-of-way and where site screening is or will be provided in accordance with design review standards;

(b) Electrical transmission systems of a voltage of 110 kilovolts or more;

(d) Telephone pedestals, cross-connect terminals, repeaters, and cable warning signs;

(e) Municipal equipment, including, but not limited to, traffic control equipment and police and fire sirens;

(f) Temporary services for construction.

(3) Costs. The cost of undergrounding all electrical and communication systems in excess of any costs paid by the serving utility shall be the sole responsibility of the applicant. [Ord. 1585 § 110, 2013.]

17.35.160 Utilities and related improvements – Easements.

Utility lines not located within rights-of-way or vehicular access tracts shall be within easements. All easements shall meet the standards of the serving utilities; provided, that easements for sewer, surface water, and water lines shall have a width of at least 20 feet. [Ord. 1585 § 111, 2013.]

17.35.170 Provision for public and semipublic lands.

The City may require dedication of land, for school sites, parks and open space, utilities infrastructure, or other similar public or semipublic uses of land if such dedication is reasonably necessary as a result of the subdivision. [Ord. 1585 § 112, 2013.]

17.35.180 Parks.

(1) General Obligation. Proposed residential subdivisions shall either provide a minimum of 778 square feet of park area per lot consistent with the requirements of subsections (2) through (4) of this section or make an in-lieu fee payment consistent with the requirements of subsection (5) of this section in order to comply with the level of service standard of 6.5 acres of park land per 1,000 population established in the City of Des Moines 2010 Parks, Recreation and Senior Services Master Plan, Section 2.3.

(2) Criteria for City Acceptance of a Mini-Park. Applicants proposing to develop a mini-park in order to fulfill the general obligation to provide appropriate provisions for parks and playgrounds as established in subsection (1) of this section shall comply with the following criteria:

(a) Use/Description. The proposed mini-park shall be designed and improved as play space for toddlers and young children to serve the basic needs of the neighborhood.

(b) The amenities within the mini-park shall include sand play areas, play apparatus, play equipment, picnic area, sports courts, and sanitation accommodations.

(3) Tracts Required. Recreational areas shall be located in a separate tract which shall be deeded to the City.

(4) Lot Area. The area of the mini-park tract shall not be included in the compilation of lot area for any lot.

(5) Payment in Lieu of Mini-Park Development. If the land proposed to be developed as a mini-park does not meet the criteria established in subsection (2) of this section, then the applicant shall make an in-lieu cash payment to the City which shall be deposited into the City’s MCI fund. The in-lieu amount shall be based on the following formula:

Total number of existing residential units equals (=) W

Total number of lots within the subdivision equals (=) X

Total site area of the proposed subdivision equals (=) Y

Total appraised value of all property within the proposed subdivision as determined by the King County Assessor’s website at the time of approval of the final plat documents equals (=) Z

In-lieu fee equals (=) Z multiplied by (((X – W) multiplied by 778 square feet)) divided by Y).

[Ord. 1585 § 113, 2013.]

17.35.190 Natural features – General.

(1) General. The proposed subdivision shall demonstrate sensitivity to the natural features of the property including, but not limited to, topography, streams, lakes, wetlands, habitat, soils and other geologic features, and vegetation. Any division of land shall be designed to preserve and enhance as many of these valuable features as possible. In addition to the specific provisions of this chapter, the subdivision shall comply with all applicable provisions of Titles 11, 14, 16, and 18 DMMC and other specific requirements regarding development restrictions due to natural features.

(2) Tracts Required. All wetlands, streams, and required buffers, pursuant to chapter 16.10 DMMC, shall be located in separate tracts which limit development activity. The area dedicated under this section shall become the property of the City, or any political subdivision designated by the City, and the City or the political subdivision shall thereafter assume all maintenance and other ownership responsibilities.

(3) Lot Area. The area of the open space tracts shall not be included in the computation of lot area for any lot area. [Ord. 1671 § 14, 2017: Ord. 1606 § 1, 2014: Ord. 1585 § 114, 2013.]

17.35.200 Natural features – Land adjacent to Puget Sound.

Subdivisions adjacent to Puget Sound shall comply with the provisions of the Des Moines Shoreline Master Program (chapter 16.20 DMMC) regarding open space and public access. [Ord. 1585 § 115, 2013.]

17.35.210 Natural features – Significant vegetation.

(1) Buffers. Significant trees or other natural vegetation located along the boundary of a subdivision shall be retained if the City determines that retention will provide beneficial buffering for or from abutting properties or rights-of-way. Vegetation which is retained shall be protected by establishing open space easements or tracts.

(2) Rights-of-Way and Tracts. Following preliminary subdivision approval, the applicant shall be allowed, pursuant to the provisions of Title 14 DMMC, to clear all vegetation which the Planning, Building and Public Works Director determines is necessary to install required improvements within rights-of-way and access or utility tracts shown on the approved preliminary subdivision.

(3) Lots. Removal of vegetation in the remainder of the subdivision shall occur on a lot-by-lot basis. No vegetation removal shall occur on any lot until and unless a complete building permit application has been submitted and a land grading, clearing, and filling permit has been issued for that lot in compliance with chapter 14.20 DMMC. On each lot, all significant trees as defined in DMMC 17.01.050, shall be retained except:

(a) Those trees which are located in areas where structures or improvements are proposed or areas which, in the judgment of the planning official, must be cleared to allow construction of proposed structures or improvements; and

(b) Those trees which, in the judgment of the planning official, would constitute a danger to public safety; and

(c) No more than one tree for each 2,400 square feet of lot area shall be required to be preserved on any lot. On lots which contain more than three significant trees, the planning official shall indicate which of the trees shall be retained. In making this decision, the planning official shall give preference to retaining large healthy trees or trees which are of an unusual species.

(4) Replacement. Any tree identified to be retained that is destroyed or damaged during construction shall be replaced by the applicant with five trees on the subject property or within a street planting strip near the subject property. Replacement trees shall be a minimum size of eight feet in height for evergreen trees and two inches in caliper for deciduous and shall be approved by the planning official. These street trees shall be provided in addition to any street trees required under chapter 12.15 DMMC. The exact location for and type of street trees shall be determined by the planning official. [Ord. 1585 § 116, 2013.]

17.35.220 Subdivision names.

(1) No subdivision shall be approved which bears a name which is the same as, similar to, or pronounced the same as a name of any other subdivision in the county unless the land so divided is contiguous to the subdivision bearing the same or similar name. All such subdivisions shall continue the block or lot numbers of the subdivision of the same name last filed. This section shall not be construed to limit the use of such descriptive words such as “town,” “city,” “place,” “court,” “addition,” “acres,” “heights,” “villa,” or words of a similar nature.

(2) No subdivision shall be approved which bears the name of a geographic feature or place unless the spelling of such name conforms to that adopted by either the United States or Washington State Board on Geographic Names.

(3) No subdivision shall be approved which bears a name that either attempts to change a name in local usage or name an unnamed geographic feature.

(4) The name of a subdivision shown on a final plat shall be the same name under which approval was granted; provided, that the Planning, Building and Public Works Director shall be authorized to change the plat name appearing on the final plat documents to meet the requirements of this section. [Ord. 1585 § 117, 2013.]