Lake Stevens City Zoning Code

In all new subdivisions, streets shall be classified per the City's currently adopted Engineering Design and Development Standards (EDDS).

The classification of streets, including freeway/expressway, major arterial, minor arterial, collector, local access, access tract, alley and cul-de-sac generally shall be consistent with the Washington State Department of Transportation Design Manual, as defined in Chapter 14.08 and described in the City's currently adopted EDDS.

All driveway entrances and other openings onto streets within the City's planning jurisdiction shall be constructed so that:

Specifications for driveway entrances and driveway cuts are set forth in the currently adopted version of the EDDS for the City of Lake Stevens. If driveway entrances and other openings onto streets are constructed in accordance with the EDDS specifications and requirements, this shall be deemed prima facie evidence of compliance with the standard set forth in subsection (a) of this section.

For purposes of this section, the term "prima facie evidence" means that the permit-issuing authority may (but is not required to) conclude from this evidence alone that the proposed development complies with subsection (a) of this section.

The street system of a subdivision shall be coordinated with existing, proposed, and anticipated streets outside the subdivision or outside the portion of a single property that is being divided into lots (hereinafter, "surrounding streets") as provided in this section.

Collector streets shall intersect with surrounding collector or arterial streets at safe and convenient locations.

Local access residential streets shall connect with surrounding streets, including existing temporary dead-ends, to permit the convenient movement of traffic between residential neighborhoods or to facilitate access to neighborhoods by emergency service vehicles or for other sufficient reasons, but connections shall not be permitted where the effect would be to encourage the use of such streets by substantial through traffic.

Whenever connections to anticipated or proposed surrounding streets are required by this section, the street right-of-way shall be extended and the street developed to the property line of the subdivided property (or to the edge of the remaining undeveloped portion of a single property) at the point where the connection to the anticipated or proposed street is expected. In addition, the permit-issuing authority may require temporary turnarounds to be constructed at the end of such streets pending their extension when such turnarounds appear necessary to facilitate the flow of traffic or accommodate emergency vehicles. The responsibility of restoring a temporary turnaround to its permanent condition shall be borne by the party connecting to the temporary turnaround. Notwithstanding the other provisions of this subsection, no temporary dead-end street in excess of 750 feet may be created unless no other practicable alternative is available.

Whenever convenient access from a subdivision to adjacent schools, parks or other public facilities is not provided through the dedication and improvement of streets pursuant to this chapter, the developer, through coordination with the applicable agency, may be required to include an unobstructed easement of at least 10 feet in width and construct a pathway to provide such access.

Streets shall be related appropriately to the topography. In particular, streets shall be designed to facilitate the drainage and stormwater runoff objectives set forth in Chapter 14.64, and street grades shall conform as closely as practicable to the original topography.

The maximum grade at any point on a street shall be in compliance with EDDS Section 2-103 (Road Standards for Arterial and Non-Arterial Roads). However, in no case may streets be constructed with grades that, in the professional opinion of the Public Works Director or designee, create a substantial danger to the public safety.

Streets are intended to serve several functions. These functions vary depending on the classification of the street: (1) to carry motor vehicle traffic, provide on-street parking; (2) to provide for safe and convenient pedestrian and nonmotorized travel; and (3) to aid in managing stormwater. The requirements outlined in this chapter are intended to ensure these objectives are met.

All existing and planned streets which the City deems necessary for the completion of the City's transportation system are shown and classified in the City's Transportation Element of the Comprehensive Plan. However, the list of planned streets is nonexhaustive and other streets may be proposed by a permit applicant or department director.

Any permit application shall be reviewed for conformance with the Transportation Plan. If a planned street is shown to run through or adjacent to a property proposed for development, the proposal must include roadway dedication and improvements which are generally in conformance to the plan and meet the development standards identified in this chapter.

All streets shall be straight whenever practicable to the extent necessary to preserve and continue a grid system, except that variations in alignment are allowed as a part of a traffic calming project. Traffic calming projects are expected to be constructed in the context of the grid system, not in conflict with it.

The width of blocks should be that which is sufficient to allow for two tiers of lots (plus width of an alley or public utility easement, if any), unless existing conditions render such requirements undesirable or impractical.

The length of residential blocks should range between 500 and 700 feet, unless no other practicable alternative is available. In blocks with a length in excess of 700 feet, the City shall require a public access easement of no less than 10 feet wide through the middle of the block to provide an internal pedestrian walkway, unless deemed impractical by the Planning and Community Development Director. The access easement shall include a five-foot-wide paved path.

Streets shall be laid out so that the lengths, widths and shapes of blocks adequately:

To the extent practicable, driveway access to arterials and collector streets shall be minimized to facilitate the free flow of traffic and avoid traffic hazards.

Where a property is subdivided into lots or tracts, the arrangement of lots and streets shall be such as to permit a later re-subdivision in conformance with the street and lot requirements specified in these regulations.

There shall be no reserve strips controlling access to streets, except where such strips are required by the City.

A subdivision containing 30 or more parcels shall have two vehicular access points, located at least 100 feet apart. This requirement may be waived if all adjacent properties are built-out, encumbered by critical areas, or the existing topography renders a second access technically infeasible.

Dead-end streets shall be avoided. Cul-de-sacs may be used only when conditions warrant their use:

When allowed under subsection (a) of this section, all permanent dead-end streets (as opposed to temporary dead-end streets; see Section 14.56.060(d)) shall provide an appropriate turnaround for the road type in accordance with the standards set forth in the City's currently adopted EDDS. The City will consider the use of alternative turnarounds described in the EDDS on a case-by-case basis through the EDDS deviation process outlined in Section 14.56.135.

Except where no other practicable alternative is available, such streets may not extend more than 500 feet (measured to the center of the turnaround).

Private driveways serving no more than two dwelling units shall provide a means for residential vehicles to turn around, outside of the right-of-way, if the driveway extends more than 150 feet from the edge of right-of-way.

Temporary half-streets (i.e., streets of less than the full required right-of-way and pavement width) may be allowed at the discretion of the decision-making authority under the following conditions:

Where a private access tract is used, and an adjacent property is capable of being short platted with a private access tract, such tracts shall be located, constructed and dedicated in such a way so as to allow them to be combined into one 40- or 50-foot right-of-way, depending on the applicable road standard. This requirement may be waived by the Planning and Community Development Director if the build-out of the full right-of-way will be significantly constrained by critical areas, existing topography, or a lack of development potential on the adjacent property.

Streets shall intersect at angles in compliance with EDDS Section 2-111. Not more than two streets shall intersect at any one point, unless the Public Works Director or designee certifies to the permit-issuing authority that such an intersection can be constructed with no extraordinary danger to public safety.

Spacing requirements, when connecting with arterial, nonarterial, or other driveway spacing, shall be in compliance with the currently adopted EDDS. Whenever possible, proposed intersections along one side of a street shall coincide with existing or proposed intersections on the opposite side of such street. For spacing requirements between centerlines of the intersecting streets, refer to EDDS Section 2-111.

Unless otherwise specified in this title, deviations may only be granted for standards and specifications that relate to and implement the City's currently adopted EDDS.

Deviations shall be processed in accordance with the currently adopted EDDS.

Requests for deviation shall, at a minimum, comply with the following criteria:

An annual report of deviation requests shall be submitted to the City Council.

Except as otherwise provided in this section, all lots created after the effective date of the ordinance codified in this section shall abut a public street at least to the extent necessary to comply with the access requirement set forth in Section 14.56.030 (Access to Lots). For purposes of this section, the term "public street" includes a preexisting public street as well as streets created through a subdivision that meets the public street standards of this title and is dedicated for public use. The recordation of a plat shall constitute an offer of dedication of such street. For the purposes of subsections (b) through (d) of this section, an ADU constructed per this title shall not count as a dwelling unit.

Private roads shall not be allowed in major subdivided developments. However, private access tracts may be allowed in all subdivisions.

Private access tracts shall provide access for four or fewer dwelling units and shall include a delineated pedestrian facility. Where an existing private access tract is nonconforming with respect to minimum tract width or minimum pavement width, no additional dwelling units may take access off the tract without bringing it into conformance with this chapter.

Access easements shall provide access to no more than two dwelling units. Where an existing access easement is nonconforming with respect to minimum easement width or minimum pavement width, no additional dwelling units may take access off the easement without the developer bringing it into conformance with this chapter. Access easements shall be a minimum of 20 feet in width and shall have a minimum paved surface of 18 feet for the two dwelling units accessed by that paved section of easement. The width of pavement may be reduced to a minimum of 10 feet if the length of the driveway is less than 50 feet.

The minimum amount of on-street parking spaces that is required to be provided on public streets is one space per five residential parcels in each new subdivision. Dimensions of the parking spaces are subject to Section 14.72.030. When the number of parking spaces required results in a fractional space, rounding shall be calculated pursuant to Section 14.72.010(c).

The above requirement shall only apply when the subdivision includes a new public street that is constructed to an EDDS standard that includes an on-street parking lane. The parking requirement applies to the whole subdivision, including those parcels accessed by shared driveways or private tracts, and not just those parcels that abut the public street.

If the ratio of on-street spaces to residential parcels cannot be achieved on the new public street, then off-street public parking spaces are required at the same ratio.

Where parking is provided off-street as described above, the parking strip can be eliminated, so long as the roadway meets applicable fire standards and an EDDS deviation is approved per Section 14.56.135. The off-street parking must be clearly identified with signage and striping and distributed throughout the entire subdivision.

Right-of-Way Width. The width of right-of-way dedication shall be determined in accordance with the roadway classifications defined in this chapter, the Comprehensive Plan and the classification standards with the adopted EDDS. Existing right-of-way widths matching or exceeding the current standards shall satisfy the width requirement. A reduction of right-of-way dedication width may be considered by the Public Works Director or his/her designee under the following conditions:

Frontage Improvements Required. Frontage improvements are required to be installed along the abutting public street frontage of the property to be developed. Resurfacing an existing public street to its centerline shall not be required for single-family or duplex development.

Dedication of Right-of-Way. Dedication of right-of-way is required to be executed prior to building permit issuance or final project approval. For subdivisions, short subdivisions and binding site plans, the dedication shall be required on the final recording documents. For projects that are not part of a subdivision of land, the applicant shall submit the required executed documents on forms provided by the City. The City shall record the documents upon obtaining the appropriate City signatures and the applicant or property owner pays the recording fees.

Acceptance of Frontage Improvements. The Public Works Director or designee may approve an extension for the completion of the improvements for up to one year if the Public Works Director or designee receives a surety bond or equivalent cash deposit ensuring the timely completion of the improvements. Said surety bond shall meet the requirements set forth in Section 14.16A.180 (Security Mechanisms).

State or Federal Law. Where an applicant demonstrates under applicable State or Federal law that the required dedication or improvements are unlawful, the Public Works Director or designee, to the extent the obligation is unlawful, shall not require the dedication or improvements required by this section as a condition of final acceptance or of building permit issuance.

Appeal of Director Decision. Any appeal of the Director or designee's determination shall be processed using the appeal processes specified for the underlying application pursuant to Section 14.16A.265. A timely appeal shall be required in order to constitute an exhaustion of remedies under this section.

Within unsubdivided developments, which includes multifamily, commercial and industrial developments, all private roads and access ways shall be designed and constructed to facilitate the safe and convenient movement of motor vehicle and pedestrian traffic. Width of roads, use of curb and gutter, and paving specifications shall be determined by the provisions of this title dealing with parking (Chapter 14.72) and drainage (Chapter 11.06). To the extent not otherwise covered in the foregoing chapters, and to the extent that the requirements set forth in this chapter for subdivision streets may be relevant to the roads in unsubdivided developments, the requirements of this chapter may be applied to satisfy the standard set forth in the first sentence of this subsection.

Whenever a road in an unsubdivided development connects two or more collector or arterial streets in such a manner that any substantial volume of through traffic is likely to make use of this road, such road shall be constructed in accordance with the standards applicable to subdivision streets and shall be dedicated to the public. In other cases when roads in unsubdivided developments within the City are constructed in accordance with the specifications for subdivision streets, the City may accept an offer of dedication of such streets.

In all unsubdivided residential development, sidewalks shall be provided linking dwelling units with other dwelling units, the public street, and on-site activity centers such as parking areas, laundry facilities, and recreational areas and facilities.

Whenever the permit-issuing authority finds that a means of pedestrian access is necessary from an unsubdivided development to schools, parks, playgrounds, or other roads or facilities and that such access is not conveniently provided by sidewalks adjacent to the roads, the developer, through coordination with the applicable agency, may be required to reserve an unobstructed easement of at least 10 feet to provide such access.

The sidewalks required by this section shall be at least five feet wide and constructed according to the specifications set forth in the currently adopted EDDS. Alternative pedestrian facilities may be considered on a case by case basis through an EDDS deviation.

Whenever curb and gutter construction is used on public streets, wheelchair ramps for disabled persons shall be provided at intersections and other major points of pedestrian flow. Wheelchair ramps and depressed curbs shall be constructed in accordance with published standards of the Washington State Building Code addressing accessibility.

In unsubdivided developments, sidewalk construction for disabled persons shall conform to the requirements of the chapter of the Washington State Building Code addressing accessibility.

The standards contained within this chapter may be varied on new roads or modifications of existing roads for the purpose of implementing traffic calming techniques and the following criteria are met:

Prior to approval of modifying an existing street not associated with a land use development, the City Council shall conduct a public meeting to solicit input from people in the affected neighborhood. In making a decision whether to approve a proposal, the Council shall consider public testimony in regards to the previous criteria, and any other information which demonstrates the appropriateness of the proposal.

For new streets in new developments, public comments and testimony shall be afforded through the process set forth for the land use permit associated with the new development.

Right-of-way dedicated for the purpose of public use may be used by an adjacent private property owner for landscape enhancement as described in subsection (b) of this section, or as described in subsection (c) of this section if approved in writing by the Public Works Director, and provided the enhancement does not:

Private enhancement allowed within the public right-of-way requires the approval of the Public Works Director unless included in the following:

Requests for an approval for the placement of a vegetative landscape enhancement within the public right-of-way not included in subsection (b) of this section shall be submitted in writing to the Public Works Director or designee. The request must include a detailed description of the proposed enhancement and a sketch showing the location of the proposed enhancement. The Public Works Director or designee shall provide a written response to all requests either approving or denying approval. If a request is denied, an explanation will be provided. The decision of the Public Works Director or designee shall be final and conclusive and there shall be no right of appeal.

A right-of-way permit per Section 14.56.250 will be required prior to private enhancement being placed in the public right-of-way with the following private enhancements being exceptions:

Any private enhancement placed within the public right-of-way may be required by the City to be removed at some future date. When practical, the City shall give 15 calendar days' notification to the adjacent property owner to remove such enhancement. In the event that the adjacent property owner does not remove such enhancements following the 15 calendar days' notification or the Public Works Director determines that an immediate action is needed, such as a safety, weather related, or part of a construction project, that requires the use of the public right-of-way, the City may take immediate action to remove any enhancement within the public right-of-way. The costs of such abatement by the City shall be the responsibility of the owner of the adjacent property. Such costs may be recovered by the City in accordance with the provisions of Section 9.60.210.

The owner of the adjacent property is responsible for the maintenance of private enhancement along its frontage and sides. If maintenance is needed for public safety, the City may perform the work without notification to the property owner. The costs of such maintenance shall be deemed costs of abatement and shall be the responsibility of the owner of the adjacent property. Such costs may be recovered by the City in accordance with the provisions of Section 9.60.210.

The City shall not be responsible to protect, preserve, or return any enhancements removed from the public right-of-way. No reimbursement will be made by the City for any loss, removal, or damage to said enhancements within the public right-of-way.

The City's cost of abatement or costs of maintenance shall be the City's actual costs plus an administrative fee of not less than 15 percent.

Enhancements installed and maintained in accordance with the provisions of this section shall not be deemed a nuisance under Section 9.60.170.

The City of Lake Stevens should, to the best of its ability, and subject to the limits of its financial resources, plan for, design and construct new transportation projects to provide appropriate accommodation for pedestrians, bicyclists, motor vehicle drivers, public transportation users and drivers, people of all ages and abilities including, but not limited to, children, youth, families, older adults, and individuals with disabilities.

Exceptions. Exceptions to this policy may be determined by the Public Works Director, City Engineer, Mayor, City Council, City Administrator or designee. Facilities for pedestrians, bicyclists, transit users, motorists, and/or people of all abilities are not required to be provided:

Detailed construction plans and drawings of the entire street project to be borne by the assessment reimbursement area prepared and stamped by a licensed engineer.

Itemization of all costs of the street project including, but not limited to, design, grading, paving, installation of curbs, gutters, storm drainage, sidewalks, street lights, engineering, construction, property acquisition and contract administration.

A map and legal description identifying the proposed boundaries of the assessment reimbursement area and each separately owned parcel within such area. Such map shall identify the location of the street project in relation to the parcels of property in such area.

A proposed assessment reimbursement roll stating the proposed assessment for each separate parcel of property within the proposed assessment reimbursement area as determined by apportioning the total project cost on the basis of the benefit of the project to each such parcel of property within said area.

A complete list of record owners of property within the proposed assessment reimbursement area certified as complete and accurate by the applicant and which states names and mailing addresses for each such owner.

Envelopes addressed to each of the record owners of property within the assessment reimbursement area who have not contributed their pro rata share of such costs. Proper postage for registered mail shall be affixed or provided.

Copies of executed deeds and/or easements in which the applicant is the grantee for all property necessary for the installation of such street project.

Within 30 days of final City Council approval of an assessment reimbursement agreement, the applicant shall execute and present such agreement for the signature of the appropriate City officials.

The agreement must be recorded in the Snohomish County Recorder's Office within 30 days of the final execution of the agreement.

If the contract is so filed and recorded, it shall be binding on owners of record within the assessment area who are not party to the agreement.