Chapter 17.20
SUBDIVISIONS AND SHORT SUBDIVISIONS
Sections:
17.20.020 Preliminary subdivision – Approval time.
17.20.030 Revisions of preliminary subdivisions.
17.20.040 Preliminary short subdivision – Approval time.
17.20.050 Limitations for short subdivisions.
17.20.060 Revisions of preliminary short subdivisions.
17.20.070 Traffic analysis required.
17.20.100 Public street rights-of-way.
17.20.110 Limitations within future street corridors.
17.20.120 General layout standards.
17.20.125 Lot segregations – Zero-lot-line development.
17.20.130 Lot segregations – Clustered development.
17.20.140 Maintenance of private streets, tracts, easements and utilities required.
17.20.150 Preliminary subdivision and short subdivision approval.
17.20.010 Purpose.
The purpose of this chapter is to specify additional requirements for the segregation of land into short subdivisions, which are nine or fewer lots, and subdivisions, which are 10 or more lots, in accordance with applicable Washington State and City laws, rules and regulations, including permit processing procedures required by Chapter 19.25 KMC. [Ord. 11-0329 § 3 (Exh. 1).]
17.20.020 Preliminary subdivision – Approval time.
A. A preliminary subdivision approval issued on or before December 31, 2014, shall be effective for a period of seven years, and a preliminary subdivision approval issued on or after January 1, 2015, shall be effective for a period of five years; provided, that a preliminary subdivision approval issued on or before December 31, 2007, that is not expired as of July 28, 2013, and that is not subject to the Shoreline Master Program, shall be effective for a period of 10 years.
B. Preliminary subdivision approval shall be considered the basis upon which the applicant may proceed toward development of the subdivision and preparation of the final plat subject to all the conditions of the preliminary approval.
C. If the final plat is being developed in divisions, and final plats for all of the divisions have not been recorded within the time limits provided in this section, preliminary subdivision approval for all unrecorded divisions shall become void. The preliminary subdivision for any unrecorded divisions must again be submitted to the department with a new application, subject to the fees and regulations applicable at the time of submittal. [Ord. 14-0378 § 1 (Att. A); Ord. 12-0344 § 1 (Att. A); Ord. 11-0329 § 3 (Exh. 1).]
17.20.030 Revisions of preliminary subdivisions.
Applications to revise subdivisions that have received preliminary approval shall comply with the following:
A. Revisions that result in any substantial changes as determined by the department shall be treated as a new application for purposes of vesting and shall be reviewed as a Type 3 land use decision pursuant to KMC 19.25.020. For the purpose of this section, substantial change always includes the creation of additional lots, the elimination of open space or significant changes to conditions of approval on an approved preliminary subdivision. Other factors to be considered by the department when identifying substantial change include:
1. Street impacts, such as a change in access location(s) of internal streets; change from a public to a private street; relocation of a street within the subdivision; request for a street standards variance; and/or elimination of a right-of-way dedication;
2. A reorientation of lots that would change impacts to neighboring properties;
3. Changes in proposed housing types;
4. Changes to critical area impacts; and/or
5. Changes to utility locations that would result in new impacts on neighboring properties.
B. Approval of the following modifications by the department shall not be considered revisions:
1. Engineering design, unless the proposed design alters or eliminates features specifically required as a condition of preliminary subdivision approval or that results in a substantial change as described in subsection A of this section;
2. Changes in lot dimensions that are consistent with KMC Title 18;
3. A decrease in the number of lots to be created so long as the decrease allows for future compliance with the minimum density provisions of KMC Title 18, if applicable. [Ord. 11-0329 § 3 (Exh. 1).]
17.20.040 Preliminary short subdivision – Approval time.
A preliminary short subdivision approval issued on or before December 31, 2014, shall be effective for a period of seven years, and a preliminary short subdivision approval issued on or after January 1, 2015, shall be effective for a period of five years; provided, that a preliminary short subdivision approval issued on or before December 31, 2007, that is not expired as of July 28, 2013, and that is not subject to the Shoreline Master Program, shall be effective for a period of 10 years. [Ord. 14-0378 § 1 (Att. A); Ord. 12-0344 § 1 (Att. A); Ord. 11-0329 § 3 (Exh. 1).]
17.20.050 Limitations for short subdivisions.
A. A maximum of nine lots may be created by a single application.
B. An application for further segregation may not be submitted within a period of five years after recording, except through the filing of a subdivision application, or unless the short plat contains fewer than four lots, in which case an alteration application may be submitted to create a cumulative total of up to four lots within the original short plat boundary. [Ord. 11-0329 § 3 (Exh. 1).]
17.20.060 Revisions of preliminary short subdivisions.
Applications to revise short subdivisions that have received preliminary approval shall comply with the following:
A. Revisions that result in any substantial changes as determined by the department shall be treated as a new application for purposes of vesting and shall be reviewed as a Type 2 land use decision pursuant to KMC 19.25.020. For the purpose of this section, substantial change always includes the creation of additional lots, the elimination of open space or significant changes to conditions of approval on an approved preliminary short subdivision. Other factors to be considered by the department when identifying substantial change include:
1. Street impacts, such as a change in access location(s) of internal streets; change from a public to a private street; relocation of a street within the short subdivision; request for a street standards variance; and/or elimination of a right-of-way dedication;
2. A reorientation of lots that would change impacts to neighboring properties;
3. Changes in proposed housing types;
4. Changes to critical area impacts; and/or
5. Changes to utility locations that would result in new impacts on neighboring properties.
B. Approval of the following modifications by the department shall not be considered revisions:
1. Engineering design, unless the proposed design alters or eliminates features specifically required as a condition of preliminary short subdivision approval or results in a substantial change as described in subsection A of this section;
2. Changes in lot dimensions that are consistent with KMC Title 18;
3. A decrease in the number of lots to be created so long as the decrease allows for future compliance with the minimum density provisions of KMC Title 18, if applicable. [Ord. 11-0329 § 3 (Exh. 1).]
17.20.070 Traffic analysis required.
All subdivision applications, excluding short subdivisions of four lots or less, shall include a traffic analysis in a format prescribed by the department. The city manager may, upon review of the applicant’s proposal, waive or modify this requirement. [Ord. 11-0329 § 3 (Exh. 1).]
17.20.080 Adequacy of access.
Each lot within a subdivision or short subdivision shall have acceptable access to a street conforming to City street standards or to a different level of improvement acceptable to the development engineer. The circulation system of a proposed subdivision or short subdivision shall intersect with existing and anticipated streets abutting the site at safe and convenient locations, as determined by the department and the development engineer. Individual lots may be served by access panhandles established either by fee ownership or easement, subject to approval of the development engineer. In order to assure safe and adequate access, the development engineer:
A. May approve private streets, provided the private street requirements contained in the City street standards of Chapter 12.50 KMC are met;
B. May limit direct access to certain streets and require on-site public or private streets in lieu of individual driveways or access panhandles, in accordance with the City street standards;
C. Shall require off-site improvements to public or private streets needed to provide access from the subdivision or short subdivision to an acceptable street; and
D. Shall assure that the number of lots to be served by the street system complies with the street standards. [Ord. 11-0329 § 3 (Exh. 1).]
17.20.100 Public street rights-of-way.
As a result of the impact created by a proposed development, dedication or deeding to the City of right-of-way or a portion thereof for public streets in accordance with City street standards shall be required within or along the boundaries of all subdivisions and short subdivisions or of any lot or lots within them:
A. Where the six-year capital improvement plan indicates the necessity of a new right-of-way or portion thereof for street purposes;
B. Where necessary to extend or to complete the existing or future neighborhood street pattern as shown on the City street map (see KMC Title 12);
C. Where necessary to provide additions of right-of-way to existing City right-of-way;
D. Where necessary to conform to City street standards or City street improvement projects; or
E. Where necessary to provide a public transportation system that supports future development of abutting property consistent with the City comprehensive plan. [Ord. 11-0329 § 3 (Exh. 1).]
17.20.105 Street signage.
Street signage is required for all new short subdivisions and subdivisions unless otherwise approved by the city manager. The city manager will determine the appropriate location, size and type of motor vehicle and pedestrian traffic signs, as well as street name signs, for every public or private street associated with a short subdivision or subdivision. The City or its designee will manufacture and install such signs, at the cost and expense of the applicant. The applicant shall reimburse the City for the cost of these signs prior to final plat or final short plat approval. [Ord. 11-0329 § 3 (Exh. 1).]
17.20.107 Street lighting.
Street lighting is required for all new short subdivisions or subdivisions unless otherwise approved by the city manager. The city manager will determine the appropriate location, size and type of street lighting for every public or private street associated with a short subdivision or subdivision. The City or its designee will design, procure materials and install such lighting, at the cost and expense of the applicant. The applicant will be invoiced directly for the design, materials and installation costs associated with these lights by the City or its designee. The applicant shall pay the invoice(s) prior to final plat or final short plat approval. [Ord. 11-0329 § 3 (Exh. 1).]
17.20.110 Limitations within future street corridors.
In order to allow for the development of future street corridors that would complete the public circulation system or that would provide a sole source of access for an abutting property, the City may limit improvements within specific areas of a proposed subdivision or short subdivision. These limitations may preclude the construction of buildings, driveways, drainage facilities or other improvements within specified areas as identified in KMC 17.20.100(A) through (E). [Ord. 11-0329 § 3 (Exh. 1).]
17.20.120 General layout standards.
For residential developments in the R zones:
A. The maximum length of blocks shall be 1,320 feet; and
B. Except for corner lots, lots for single detached dwellings shall not have street frontage along two sides unless one of said streets is a neighborhood collector street or an arterial street.
C. Lots shall be designed to avoid unusual configurations or narrow extensions that could make use difficult or confusing for future property owners. No portion of a lot shall be narrower than 25 feet, with the exception of cul-de-sac lots at the street frontage or an access panhandle approved by the development engineer. The lot width standards in KMC Title 18 also apply. Exceptions for unusual conditions may be considered on a case-by-case basis by the city manager. [Ord. 11-0329 § 3 (Exh. 1).]
17.20.125 Lot segregations – Zero-lot-line development.
In any R zone or in the NB zone, interior setbacks may be modified during subdivision or short subdivision review as follows:
A. If a building is proposed to be located within a normally required interior setback:
1. An easement shall be provided on the abutting lot of the subdivision that is wide enough to ensure a 10-foot separation between the walls of structures on adjoining lots, except as provided for common wall construction;
2. The easement area shall be free of permanent structures and other obstructions that would prevent normal repair and maintenance of the structure’s exterior;
3. Buildings utilizing reduced setbacks shall not have doors that open directly onto the private yard areas of abutting property. Windows in such buildings shall not be oriented toward such private yard areas unless they consist of materials such as glass block, textured glass, or other opaque materials, and shall not be capable of being opened, except for clerestory-style windows or skylights; and
4. The final plat or short plat shall show the approximate location of buildings proposed to be placed in a standard setback area.
B. In the R zones, setbacks on existing individual lots may be modified; provided, that the standards set forth in subsection (A)(1) of this section are met. [Ord. 11-0329 § 3 (Exh. 1).]
17.20.130 Lot segregations – Clustered development.
When residential lot clustering is proposed, the following provisions shall be met:
A. Any open space resulting from lot clustering shall not be altered or disturbed except as specified on recorded documents creating the open space. Such open spaces may be retained under ownership by the subdivider, conveyed to residents of the development, or conveyed to a third party. When access to the open space is provided, the access shall be located in a separate tract;
B. In the R-1 zone, open space tracts created by clustering required by KMC 18.21.030 shall be located and configured to create urban separators and greenbelts as required by the comprehensive plan or open space functional plans; to connect and increase protective buffers for critical areas; to connect and protect wildlife habitat corridors designated by the comprehensive plan; and to connect existing or planned public parks or trails. The City may require open space tracts created under this subsection to be dedicated to an appropriate managing public agency or qualifying private entity such as a nature conservancy;
C. Open spaces created through lot clustering are encouraged to include retained native vegetation;
D. Landscape-based stormwater management practices may be located within open spaces created through lot clustering, provided they are not located within critical areas. [Ord. 16-0428 § 12 (Att. H); Ord. 11-0329 § 3 (Exh. 1).]
17.20.140 Maintenance of private streets, tracts, easements and utilities required.
As a condition of subdivision and short subdivision approval, all private streets, tracts, easements, community utilities and properties shall be maintained by the owners of the property served by them and kept in good repair at all times. In order to ensure continued good repair, it must be demonstrated to the department at the time of plat recording that:
A. There will be a workable organization to guarantee maintenance with a committee or group to administer the organizational functions; and
B. There is a means for assessing maintenance costs equitably to property owners served by the private streets, tracts, easements, community utilities and properties. [Ord. 11-0329 § 3 (Exh. 1).]
17.20.150 Preliminary subdivision and short subdivision approval.
A proposed subdivision or short subdivision shall not be approved unless the decisionmaker makes written findings that:
A. Appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and
B. The public use and interest will be served by the platting of such subdivision or short subdivision. [Ord. 11-0329 § 3 (Exh. 1).]