Skip to main content
Loading…
Proof
Search Within This
Approval of Streets and Ways
This article is included in your selections.
17.53.100 Creation of Streets.
This section is included in your selections.

A. The creation of streets shall be in conformance with requirements for a subdivision except, however, the city council shall recommend the creation of a street to be established by deed if any of the following conditions exist:

1. The establishment of the street is initiated by the city council and is declared essential for the purpose of general traffic circulation, and the partitioning of land is an incidental effect rather than the primary objective of the street;

2. The tract in which the street is to be dedicated is an isolated ownership of one acre or less;

3. The tract in which the street is to be dedicated is an isolated ownership of such size and condition as to make it impractical to develop more than three lots.

B. In those cases where approval of a street is to be established by deed, a copy of the proposed deed shall be submitted to the city engineer at least 15 days prior to the planning commission meeting at which consideration is desired. The deed and such information as may be submitted shall be reviewed by the planning commission and, if not in conflict with the standards of MMC 17.53.060 to 17.53.079 and 17.53.101 of these regulations, shall be recommended for approval with such conditions as are necessary to preserve these standards.

C. An easement providing access to property and which is created to allow the partitioning of land for the purpose of lease, transfer of ownership, or building development, whether immediate or future, shall be in the form of a street in a subdivision, except that a private easement to be established by deed without full compliance with these regulations may be approved by the planning director under the following conditions:

1. If it is the only reasonable method by which the rear portion of a lot being unusually deep or having an unusual configuration that is large enough to warrant partitioning into two more new parcels, i.e., a total of not more than three parcels including the original may then exist, that may be provided with access and said access shall be not less than 15 feet in width and shall have a hard surfaced drive of 10 feet width minimum;

2. The planning director shall require the applicant to provide for the improvement and maintenance of said access way, and to file an easement for said access way which includes the right to passage and the installation of utilities. Such requirements shall be submitted to and approved by the city Attorney.

3. Access easements shall be the preferred form of providing access to the rear lots created by partition if the alternative is the creation of a flag lot.

D. A private way/drive which is created to allow the subdivision of land shall be in the form of common ownership, provide on-street parking or parking bays to replace that displaced by limited parking area, be approved by the planning commission in the form of a planned development, and meet the following conditions:

1. If it is the only reasonable method by which the rear portion of the existing parcel can be provided with access; or because of unusual topography, vegetative cover (preservable trees), lot size, or shape, it is the most feasible way to develop the parcel.

2. The planning commission shall require the subdivider to provide the improvements to standards as set forth in MMC 17.53.101(P) and maintenance of said private way/drive; to establish binding conditions upon each parcel taking access over said private way/drive, not limited to only the required maintenance, but to include adherence to the limited parking restrictions imposed by the individual planned development ordinance; and to provide necessary easements for the installation, operation, and maintenance of public utilities.

3. Provisions must be made to assure that the private streets will be properly maintained over time and that new purchasers of homes or lots within the subdivision are notified, prior to purchase, that the street is private and that maintenance fees may be charged. Such provisions must meet with the approval of the planning commission.

4. Street sign posts on private streets must contain a sign stating that the street is private. The design and location of such signs must be approved by the city engineer.

5. Gates are prohibited within or across public rights-of-way. Gates are prohibited across private streets that serve single-family residential development of four or more lots or parcels, multi-family housing complexes, manufactured home parks, or commercial or industrial subdivisions (Ord. 4879, 2007).