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HomeMy WebLinkAboutPermit L96-0072 - CITY OF TUKWILA - SUBDIVISION ORDINANCE UPDATEL96-0072 CITY OF TUKWILA UPDATE OF SUBDIVISION ORDINANCE :.. Tukwila City Council Agenda John W. Rants, Mayor John McFarland, City Administrator Pamela Linder, Council President Councilmembers: Pain Carter • Joe Duffle Dave Fenton • Jim Haggerton Joan Hernandez • Steve Mullet REGULAR MEETING Marc!: 2, .1998 7:00 p.m. . 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. SPECIAL PRESENTATIONS 5. CITIZEN'S COMMENTS Ord #1833 Res #1396 6. • CONSENT AGENDA 7. OLD BUSINESS Update on Regional Governance and Finance issues (provided under separate cover). PG. 3 At this time, you are invited to comment on items that are not included on this agenda. 1f you wish to comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. a. Approval of Minutes: 2/17/98; 2/23/98 (Special Meeting) b. Approval of Vouchers a. Subdivision Ordinances: PG. 5 1) An ordinance amending Title 17 of the Tukwila Municipal Code, coveJ. Subdivisions and Plats, allowing short plats of up to nine lots. PG. 2) An ordinance amending Title 18 of the Tukwila Municipal Code, Tukwila Zoning Code, combining the subdivision and zoning code Gc cel definitions, amending application fees and changing notice requirements. PG. 32 b. An ordinance establishing economic development/tourism short-term borrowing authority. PG. 37 c. Authorize the Mayor to sign an amended contract with the Kenyon Law Firm for city attorney services for 1998. PG. 47 d. Authorize the Mayor to sign the ACC Interlocal Agreement for 1998 in the amount of $100, 000. PG. 57 8. NEW BUSINESS A resolution supporting the location of an intercity passenger rail station in Tukwila. PG. 71 9. REPORTS 10. MISCELLANEOUS 11. a. b. c. d. e. Mayor City Council Staff City Attorney Intergovernmental EXECUTIVE SESSION 12.. ADJOURNMENT The City of Tukwila strives to accommodate people with disabilities. Please contact the City Clerk's Office by noon on Monday if we can be of assistance. . =' 10 z z tu ce O 0 J U)LL u 0 u.? (f)d =w _ z I— 0 w~ U C) co O — CI I- wW • 0 z di co 0 z HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address, clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. Z COUNCIL MEETINGS No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. -1 O 0 Regular Meetings - The Mayor, elected by the people to a four-year term, presides at all Regular Council w Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular W 0 Council meetings. Committee of the Whole Meetings - Council members are elected for a four-year term. The Council a President is elected by the Council members to preside at all Committee of the Whole meetings for a = w one-year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. z Issues discussed are forwarded to the Regular Council meeting for official action. z w GENERAL INFORMATION • o o • 92 At each Council meeting citizens are given the opportunity to address the Council on items that are not o included on the agenda during CITIZENS COMMENTS. Please limit your comments to five minutes. = v u-� Special Meetings may be called';at any time with proper public notice. Procedures followed are the same as di co O - H1— Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel z matters. those used in Regular Council meetings. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second tirne until everyone wishing to speak l;as spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed, the Council may discuss the issue among themselves without further public testimony. Council action may be taken at this time or postponed to another date. Go UNCIL AGENDA S NOPSIS Initials Meeting Date Prepared by Mayor's review Council review 5-27-97 S.L. Original Sponsor: Council Admin. X 6-23-97 S.L. Sponsor's Summary: Following two public hearings, the Planning Commission has forwarded this ordinance update with a recommendation of approval. Council had a public hearing on 7/21/97 and discussed the ordinance at the 8/4/97, 10/27/97, 12/8/97 and 2/9/98 COW meetings. 7-14-97 S.L. Forward to COW. Public Hearing held on the ordinance• 7-21-97 S.L. Fund Source (if known): NA. 8-4-97 S.L. 12-8-97 10-27-97 S.L. 2-9-98 Minor changes. to cul-de-sac language and the definition of lot area 12-8-97 S.L. ,2-9-98 S.L. 3-2-98 S.L. (..14,/ ITEM NO. 7a0 () • ITEM INFORMATION' CAS Number: REF: 97-078 • Original Agenda Date: 5-27-97 . Agenda Item Title: Subdivison Ordinance Update. Original Sponsor: Council Admin. X Timeline: Continue to discuss changes. Sponsor's Summary: Following two public hearings, the Planning Commission has forwarded this ordinance update with a recommendation of approval. Council had a public hearing on 7/21/97 and discussed the ordinance at the 8/4/97, 10/27/97, 12/8/97 and 2/9/98 COW meetings. Recommendations: Sponsor: ' Committee: Administration: Planning Commission recommends approval of the ordinance. r Forward to COW. Public Hearing held on the ordinance• . Cost Impact (if known): Annual reduction of $1,000 - $2,000 revenues generated from fees. Fund Source (if known): NA. :.: R CORD OF : COUNCIL ACTION TION ' :::.:. >:. '::::> .:: .:: °` Meeting Date Action 5-27-97 Briefing on proposed changes. 6-23-97 Continue to discuss changes. 7-14-97 Set a date for public hearing 7-21-97 Public Hearing held on the ordinance• 8-4-97 Discussed policy changes 10-27-97 Discussed policy changes 12-8-97 Final policy decisions made 2-9-98 Minor changes. to cul-de-sac language and the definition of lot area 6- 3-2-98 Co UNCIL AGENDA SYNOPSIS 7 A'PENDICES Meeting .Date Attachments 5-27-97 A - Staff Memorandum 5-27-97 B - Process Flow Charts 5-27-97 C - Draft Subdivision Ordinance 5-27-97 D - Planning Commission Public Hearing Minutes 6-23-97 E - Staff Memorandum • 7-14-97 F - Staff Memorandumr 7-14-97 • G - Clean Version of Ordinance 7-21-97 H - Notice of Public Hearing 8-4-97 I - Staff Memorandum, 8/4/97 10-27-97 .1 - Staff Memorandum, 10/22/97 12-8-97 K - Staff Memorandum, 12/3/97 12-8-97 L - Staff Memorandum, 12/1/97 2-9-98 M: - Staff Memorandum 2/2/98 2-9-98 N - Draft Ordinance 3-2-98 0 - Staff Memorandum 3-2-98 P - Draft Ordinance amending Title 17 3-2-98 Q - Draft Ordinance amending Title 18 7 City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director MEMORANDUM TO: Tukwila City Council FROM: : Steve Lancaster, DCD Director RE: Draft Subdivision Ordinance DATE: February 24, 1998 BACKGROUND At the February 9th COW meeting the Council made the following changes that are reflected in the draft Subdivision Ordinances: 1. The Council directed Staff to add language to the following section allowing the Council to approve cul-de-sacs longer than 600 feet. (i) Cul-de-scics — Cul-de-sacs are not allowed unless there is no reasonable alternative or the cul-de-sac is shown on an officially adopted street plan. When allowed, they shall not exceed a Length of six hundred (600) feet unless the City Council determines that ackquate alternative emergency access will he provided, 2. The Council approved a change to the definition of lot area that would allow access roads serving only one lot to be counted toward the minimum lot area requirement. 18.06.505 Lot area. "Lot area" means the total horizontal area within the boundary lines of a lot and exclusive of street right-of-way, street easement, or private access roads Serving more than one lot authorized pursuant to the subdivision ordinance. 3. The Council decided to substitute "record of survey format" instead of listing specific sheet size requirements for documents to be recorded. COUNCIL ACTION Attached are the two draft ordinances to implement the recommended changes to Tukwila's subdivision process. The first ordinance will replace Title 17, the current Subdivision Code. The second ordinance contains changes to Title 18, the Zoning Code, to implement the subdivision changes. They are ready for final review and adoption. Page 1 ATTACHMENT 0 ,'qnn Cnnthr•nntor Pnf.lnl.ard C..lrn Inn o /10100 /•1/1!1 1.1ntnn �! z ~w IX JU UO co ❑. W 1- U. w0 �? co F - =w zI- I- 0 w~ w U0 ow wW u. ..z w U= z Z ct V W 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF U 0 TUKWILA, WASHINGTON, AMENDING TITLE 17 SUBDIVISIONS AND PLATS; ALLOWING SHORT PLATS OF W UP TO NINE LOTS; UPDATING TUKWILA'S ORDINANCE o7 LL TO BE CONSISTENT WITH STATE LAW AND TUKWILA'S W O COMPREHENSIVE PLAN; REPEALING ORDINANCE 1014, 2 ORDINANCE 1770 §1 §17, §18, §I9, §20, §22, ORDINANCE 1599 §6, ORDINANCE 1576 §I, §2, §3, §4, Lt. AND ORDINANCE 1671 §15; PROVIDING FOR a SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. W Z WHEREAS, The Growth Management Act and Tukwila's Comprehensive Plan support W O W residential infill development; and WHEREAS, increasing the number of lots that can be created through the short plat process will 0 — --- encourage Infill; and W W WHEREAS, sections of Tukwila's Subdivision Ordinance are currently inconsistent with = 0 Washington State Subdivision Law; 0 WZ co NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, = WASHINGTON, DO ORDAIN AS FOLLOWS: V 0 Section 1. Title 17, Subdivisions and Plats, of the Tukwila Municipal Code is hereby amended to read as follows: title 17 SUBDMSIONS AND PLATS Chapters: 17.04 General Provisions. 17.08 Boundary Line Adjustments and Lot Consolidations. 17.12 Detailed Procedures for Short Subdivisions. 17.14 Detailed Procedures for Subdivisions. 17.16 Detailed Procedures for Binding Site Improvement Plan. 17.20 Design and Improvement Standards for the Subdivision of Land. 17.24 Procedures for Public Improvements. 17.28 Exceptions, Penalties, Severability, liability. Chapter 17.04 GENERAL PROVISIONS Sections: 17.04.010 Title. 17.04.020 Purpose. 17.04.030 Scope, Exemptions. 17.04.040 Definitions. 17.04.050 Dedications. 17.04.060 Survey Content. 17.04.070 Notification of Other Agencies. 17.04.010 Title. This code shall be known as the "City of Tukwila Subdivision Code." 4171gi C'a ATTACHMENT P Z •• 17.04.020 Purpose. The purpose of this code is to provide rules, regulations, requirements, and standards for subdividing land in the City, insuring that the public health, safety, general welfare, and aesthetics of the City shall be promoted and protected; that orderly growth, development, and the conservation, protection and proper use of land shall be insured; that the character of the developing area is safeguarded and promoted; that proper provisions for all public facilities including circulation, utilities, open space, and services shall be made; and that the goals and policies of the Tukwila Comprehensive Plan are furthered through the subdivision of land. Z 17.04.030 Scope, Exemptions. A. The subdivision of land within the City of Tukwila shall comply with Chapter 58.17 RCW. t=— W B. Where this code Imposes greater restrictions or higher standards upon the development of land than W D other laws, ordinances or restrictive covenants, the provisions of this code shall prevail. U O C. Exceptions: This ordinance shall not apply to divisions and activities described as inapplicable in u) W RCW 58.17.040; PROVIDED THAT, boundary line adjustments and lot consolidations are subject to the .W.i F provisions contained in Chapter 17.08; PROVIDED FURTHER THAT binding site improvement plans are N W subject to the provisions contained in Chapter 17.16. W O 17.04.040 Definitions.• g j The definitions of the zoning code, Chapter 18.06, are hereby adopted by reference.u. 22 d 17.04.050 Dedications. H W A. Act of Dedication: The intention to dedicate real property to the public shall be evidenced by Z H showing the dedication on the plat prepared for approval. All dedications, Including easements, rights -of- I—. 0 way and real property shall be clearly and precisely indicated on the face of the plat.. Unless specifically W I— way noted otherwise on the plat, approval of the plat for recording shall constitute acceptance of the g W dedications. D p 0 L B. Public Streets: All streets and parcels of land shown on the final plat and intended for public use shall "— be offered for dedication for public use, except the approving entity may allow the conveyance of certain W W public improvements to be conveyed to a homeowner's association or similar non-profit corporation. I- 1 -1 - LI O C. Certificate: If the subdivision includes a dedication, the final plat shall include a certificate of...;Z dedication or reference to a separate written instrument which dedicates all required streets and other 22 areas to the public. The certificate or instrument of dedication shall be signed and acknowledged before a IV, _ notary public by every person having any ownership interest in the lands divided and recorded as part of O the final plat •Z D. Title Report: Every proposed final plat containing a dedication must be accompanied by a title report confirming that the title of the lands as described and shown on the plat is in the name of the owners signing the certificate of dedication. 17.04.060 Survey Content. Whenever a survey is submitted for a short plat or subdivision, the following information shall be included: j A. The name of the plat, City of Tukwila file number, graphic scale and north arrow. The survey shall be done to a scale of one (1) inch equals one hundred (100) feet unless otherwise approved by DCD, and shall be drawn with black drawing ink in record of survey format. B. Existing features such as rivers, streets, railroads and structures. C. The lines and names of all existing or platted streets or other public ways, parks, playgrounds, and easements adjacent to the final plat, subdivision or dedication, including municipal boundaries, township lines, and section lines. D. In the event the plat constitutes a replat, the lots, blocks, streets, etc., of the previous plat shall be shown by dotted lines in their proper positions in relation to the new arrangement of the plat, the new plat being shown in solid lines so as to avoid ambiguity. E. Legal description of the subdivision boundaries. F. A complete survey of the section or sections in which the plat or replat is located, if necessary, including: I I 1. All stakes, monuments or other evidence found on the ground and used to determine the boundaries of the subdivision. Location and monuments found or reset with respect to any established centerline of streets adjacent to or within the proposed subdivision. All other monuments found or established in making the survey of this subdivision or required to be installed by provisions of this title. 2. City or County boundary lines when crossing or adjacent to the subdivision. 3. The location and width of streets and easements intersecting the boundary of the tract. 4. Tract, block and lot boundary lines and street rights-of-way and centerlines, with dimensions, Z bearings, radii, arcs and central angles, points of curvature and tangent bearings. Tract boundaries, lot 2 • boundaries and street bearings shall he shown to the nearest second with basis of bearings. All Z distances shall be shown to the nearest one-hundredth foot. W 5. The width and location of existing and proposed easements and rights-of-way. -JU UO G. Lot and block numbers beginning with the number one (1) and numbered consecutively without = omission or duplication. ill J H �LL H. Tracts to be dedicated to any public or•private purpose shall be distinguished from lots intended for W O general development with notes stating theicpurpose and any limitations. QQ� I. The plat shall include the following statements: LL 1. A statement to be signed by the Public Works Director approving the survey data, the layout = W of the streets, alleys and other rights-of-way, design of bridges, sewage and water systems, drainage z systems and other structures. H I— 0 2. A certitic3te bearing the printed names of all persons having an interest in the subdivided W W land, signed by the persons and acknowledged by them before a notary public, consenting to the subdivision of the land and reciting a dedication by them of all land shown on the plat to be dedicated U U for public uses, and a waiver by them and their successors of all claims for damages against any 0 F- • governmental authority arising from the construction and maintenance of public facilities and public W W property within the subdivision. _ , 3. A certificate with the seal of and signature of the surveyor responsible for the survey and final - 0 plat with the following statement:W Z UN "1, , registered as a land surveyor by the State of Washington, 0 I -- certify that this plat is based on an actual survey of the !and described herein, Z conducted by me or under my supervision; that the distances, courses and angles are shown thereon correctly; and that monuments other than those monuments approved for setting at a later date, have been set and lot corners staked on the ground as depicted on the plat." 4. Certification from the King County Treasurer that all taxes and assessments for which the property may be liable have been duly paid, satisfied or discharged as of the date,pf certification. 5. Certification of examination and approval by the County Assessor. 6. Recording Certificate for completion by the King County Department of Records and Elections. 7. Certification of Examination and Approval by the Seattle -King County Health Department when the lot(s) are served by septic system(s). 8. City of Tukwila Finance Director Certificate that states there are no delinquent special assessments, and that all special assessments on any of the property that is dedicated as streets, alleys or for other public use are paid In full at the date of certification. 9. Certification by the Public Works Director that the subdivider has complied with one of the following: a. All improvements have been installed in accordance with the requirements of this title and with the preliminary plat approval, and that original and reproducible mylar or electronic records in a format approved by Public Works and meeting current Public Works drawing standards for road, 4 . teldiA ;',.{i1•1401vk 's blkli�fr„ ki f,(44 <:• ray,,,,,f F't!!�.+s;•^}�a ahi•`f- • . 4.S ..• ULY:i.:�iw.:: utility and drainage construction plans certified by the designing engineer as being "as constructed" have been submitted for city records. b. An agreement and bond or other financial security have been executed in accordance with Section 17.24.030 of this title sufficient to assure completion of required improvements and construction plans. 10. Certificate of dedication pursuant to TMC 17.04.050(D). 11. For short plats, binding site improvement plans and boundary line adjustments, a certificate of approval to be signed by the DCD Director, Public Works Director and Fire Chief. 12. For subdivisions, a certificate of approval to be signed by the Mayor and City Clerk. 17.04.070 Notification of other agencies. Notice of the filing of a preliminary plat within 1,000 feet of the municipal boundaries, or which contemplates the use of special use districts or other city's or town's utilities, shall be given to the appropriate special districts, county, city or town authorities. Notice of the filing of a preliminary plat located adjacent to the right-of-way of a, State highway shall be given to the State Department of Highways. In addition, notice of all prelimiry plats shalt be submitted to the appropriate school district. All such notices shall include the hour, locafion, and purpose of the hearing and a description of the property to be platted. Chapter 17.08 BOUNDARY LINE ADJUSTMENTS AND LOT CONSOLIDATIONS Sections: 17.08.010 Purpose. 17.08.020 Scope. 17.08.030 Preliminary Approval. 17.08.040 Recording. 17.08.050 Expiration. 17.08.010 Purpose. It is the intent to provide an efficient and timely process that allows consistent review; to ensure such actions do not create non•conformities with zoning and other city regulations; to provide a permanent record of boundary line adjustments and lot consolidations; and to ensure appropriate provisions are made for access and utility easements; in a manner consistent with RCW 58.17.040(6). 17.08.020 Scope. This chapter applies to all boundary line adjustments and lot consolidations which are otherwise exempt from subdivision regulations (58.17.040(6) RCW). 17.08.030 Preliminary Approval. In order to receive preliminary approval, the applicant must submit to DCD a complete application, in quantities specified by DCD, and meet the criteria for approval. A. A complete application consists of the following: 1. A completed application on a form provided by the Department of Community Development and fee as Identified in Chapter 18.88 TMC. 2. A neat and readable plan drawn to a standard decimal (engineer) scale. A survey may be required if it is determined that level of information is needed to ensure the adjustment meets the approval criteria. The plan shall show the following information: a. Property lines, with those that remain in their existing location shown as a solid line, those that are being moved or removed shown as a dashed line, and those that have been relocated shown as a solid line and clearly identified as a relocated line. b. Dimensions of all property lines and area of the lots, before and after the adjustment. c. Location and floor area of all structures on the site, and their setbacks from existing and new property lines. d. Location and purpose of all easements on the site. •;e44$0.6-4;, il f 4e raiii4' I • Z 1- ~w aa• � J0 O 0 J• = F-- tn u, w O gQ =d �w Z= 1- 0 Z 1— w UJ 0 ON w _ H0 LIO WZ U 0co Z e. Location, purpose and legal description of any new or extended easements proposed. f. Location of adjacent public roads and points of access from the public road(s) if a lot does not front on a public road, show how and where access is provided. g. Location of existing utilities and utility easements. h. Calculations which demonstrate that required yards of the Uniform Building Code are met. 3. Before and after legal description of the affected lots. B. In order to approve a boundary line adjustment or lot consolidation, the Short Subdivision Committee shall determine the project complies with the following criteria: 1. No additional lots, sites, parcels, tracts or divisions are created. 2. The adjustment will not create nonconforming lots with respect to zoning dimension and area standards, zoning setbacks and lot area coverage standards. 3. The degree of non-conformance op existing nonconforming lots with respect to zoning dimension and area standards, zoning setbacks and floor area ratio are not increased. 4. All lots have legal access to a public road. Existing required private access road improvements and easements are not diminished below subdivision ordinance standards for lots that are served by a private access road. 5. Existing easements for utilities are appropriate for their intended function, or they are extended, moved or otherwise altered to an appropriate location. 6. The adjustment does not create any non -conformities with respect to the Uniform Building Code or any other locally administered regulation. irmi.4'KY;w"1Vilt-11313.1 ffigtsrotgw, 17.08.040 Recording. After preliminary approval has been granted, an application for final approval shall be submitted to DCD for final re'.lew. A. A complete final application shall consist of the documents required for recording including: 1. Drawing or surveyof the boundary line adjustment. 2. Before and after legal descriptions of the affected lots. 3. Affidavit of ownership. 4. Application on a form provided by the Department of Community Development. 5. Other documentation necessary to dema:,strate the conditions of the approval have bean met. B. Upon receiving approval from the City, the applicant will be responsible for picking up the documents from DCD and recording them with King County Office of Records. A copy of t,lie.recorded documents must be returned to DCD to finalize the approval process. The adjustment shall not be deemed complete until the City receives these documents. 17.08.050 Expiration. The boundary line adjustment application shall expire if it has not been recorded within one year from the date of approval. Upon written request from the applicant prior to the expiration date, the Short Subdivision Committee is authorized to grant one extension, not to exceed six months. Chapter 17.12 DETAILED PROCEDURES FOR SHORT SUBDIVISIONS Sections: 17.12.010 Scope. 17.12.020 Preliminary Short Plat Approval. 17.12.030 Final Short Plat Approval. 17.12.040 Expiration. 17.12.050 Limitations on Further Subdivision. 17.12.060 Contiguous Short Plats. )Li �'�f`'"t.,�l�'±�r�Z1�a1".�:'�'.�n�itV�•ifU�t'�i?;,�iflr Applications for short plat approval shall be processed as a Type 2 decision, subject to the provisions of TMC 18.108.020. 17.12.010 Scope. Any land being divided into nine (9) or fewer parcels, lots, tracts or sites for the purpose of sale, lease, or gift, any one of which is less than twenty (20) acres in size, shall meet the requirements of this section. 17.12.020 Preliminary Short Plat Approval. A. Application/Fees: The following items are required, in quantities specified by DCD, for a complete = l' Short Plat application for preliminary approval. Items may be waived if in the judgment of the Short Z Subdivision Committee they are not applicable to the proposal:CL uJ -1 C.) O 0 W CI 1. Items contained in TMC 18.104.060. 2. Completed Preliminary Short Plat Application Form as prescribed by the DCD Director with fee as identified in Chapter 18.88 TMC. 3. Completed Application Checklist. 4. A complete SEPA Checklist application if project is not exempt from SEPA. 5. Complete applications for other required land use approvals. U)W U) u. W O ga =d 6. A vicinity map showing location of the site. Z H 7. A survey prepared to the standards identified in TMC 17.04.060. Z O WW 8. Site and development plans which provide the following information: U 0 u) a. The owners of adjacent land and the names of any adjacent subdivisions.— OH b. Lines marking the boundaries of the existing lot(s) (any existing lot to be eiiminated W W U - -- should be a dashed line and so noted). F u"0 c. Locations of existing and proposed public street rights•of•way and easements and private Z access easements. 0 0 z d. Location, floor area and setbacks of all existing structures on the site. e. Lot area, ;ot line dimensions and average widths for each lot. 4 f. Location of proposed new property lines and numbering of each lot. g. Location, dimension and purpose of existing and proposed easernents. Provide recorded documents which Identify the nature and extent of existing easements. h. Location of any proposed dedications. .r ' i. Existing and proposed topography at two (2) foot contour intervals, extending to five (5) feet beyond the project boundaries. j. Location of any sensitive areas and sensitive area buffers (slopes twenty percent (20%) or greater, wetlands or watercourses) on the site. k. Location, size and species of any trees located within a sensitive area or its buffer or the shoreline zone unless none of these trees are to be removed and their location is not likely to create undue hardship on Individual lots with respect to the tree ordinance (Chapter 18.54 TMC). 1. Location of existing and/or proposed fire hydrants to serve the project. m. Description, location and size of existing and proposed utilities, storm drainage facilities and roads to serve the lots. n. Expected location of new buildings and driveways, including finished floor elevations of the buildings. 9. Letter of water and sewer availability if the provider is other than the City of Tukwila. ry^r79 we..4xi'!rr1Ny:"Lti•r•cn.+r.*..•+: 'rtar!.•�tnue r.cx.wvrcv,..wM x*v.•rc•.wn.•!. ��. , B. Review Procedures: 1. Referral to Other Departments: Upon receipt of an application for a short subdivision, the Department of Community Development shall transmit one copy of the application to each member of the Short Subdivision Committee, and one copy to any department or agency deemed necessary. 2. Short Subdivision Committee Decision: The Short Subdivision Committee may approve, approve with modifications, or deny the application for a short subdivision pursuant to Type 2 permit procedures. No formal meeting of the Committee is required so long as the Chair obtains the recommendations and consent of the other members of the Committee before issuing a decision. Z rt W C. Criteria for Preliminary Short Plat Approval: The Short Subdivision Committee shall base its decision Q' on an application on the following criteria: J U 00 1. The proposed Short Plat is in conformance with the Tukwila Comprehensive Plan, and any N other such adopted plans. J = i- 2. Appropriate provisions have been made for water, storm drainage, erosion control and W� sanitary sewage disposal for the short plat which are consistent with current standards and plans. g 3. Appropriate provisions have been made for road, utilities and other improvements which are g ¢ consistent with current standards and plans. =W 4. Appropriate provisions have been made for dedications, easements and reservations. f' Z� 5. The design, shape and orientation of the proposed lots are appropriate to the proposed use for which the lots are intended and are compatible with the area in which they are located. W w 6. Appropriate provisions for the maintenance of commonly owned private facilities have been U made. O co 0 l+ 7. The short plat complies with the relevant requirements of the Tukwila Subdivision Ordinance. = W 8. The short plat complies with the requirements of the Tukwila Zoning Ordinance and other u- p Z co 17.12.030 Final Short Plat Approval. O A. Application: The following items are required, in quantities specified by CCD, for a complete application for final short plat approval. Items may be waived if in the judgment of the Short Subdivision Committee said items are not applicable to the particular proposal: relevant local regu!at6ns. M. 1. Completed Short Plat Final Approval Form. 2. Completed Application Checklist. 3. Documentation of the square footage of each lot and mathematical boundary closure of the subdivision, of each lot and block, of street centerlines, showing the error of closure, if any. 4. A final survey which complies with the standards set forth in TMC 17.04.060 and with all certificates signed except for those to be signed by the City and those to be signed at recording. 5. A title Insurance report confirming that the title of the land in the proposed subdivision !s vested in the name of the owners whose signatures appear on the plat's certificate. 6. A bond in a form acceptable to the City Attorney pursuant to TMC 17.24.030 if improvements are to be deferred. 7. Legal descriptions of all the tracts located within the boundaries of the short plat. 8. As -built plans for all new roads and utilities. 9. Binding maintenance agreements to provide for the maintenance of commonly owned private facilities. 10. Signatures on the following certificates on the face of the plat (when appropriate) from the surveyor that prepared the plat, the King County Treasurer, Seattle•King County Health Department, City of Tukwila Finance Director, Owner's affidavit and certificate of dedication as identified in TMC 17.04.060(1). B. Final Approval Review Procedures: I. The Short Subdivision Committee may grant final approval of the short subdivision when they find the criteria listed in subsection "C" below have been met. No formal meeting of the Committee is required so long as the Chair obtains the recommendations and consent of the other members of the Committee before issuing a decision. 2. Upon final approval of the short plat, the applicant shall record the plat and all other relevant documents with the King County Department of Records and Elections. The subdivider is responsible for paying the recording fee(s). Upon completion of recording, the applicant shall provide DCD with a copy of the recorded documents. The short plat shall not be considered final until these documents have been provided to DCD. C. Criteria for Approval: To grant final approval of a short plat, the Short Subdivision Committee must determine that it meets the following decision criteria: 1. All requirements for short plats as set forth in the Subdivision Code are met. 2. All terms of the preliminary short plat approval have been met. 3. The requirements of Chapter 58.17 RCW, other applicable state laws, and any other applicable City ordinances have been met. 4. All required improvements have been installed in accordance with City standards or an improvement agreement with financial guarantee pursuant to TMC 17.24.030 has been entered into by the applicant and accepted by the City. 5. That the plat Is technically correct and accurate as certified by the land surveyor responsible for the plat. 17.12.040 Expiration. If the short plat is not recorded within one (1) year of the date of preliminary short plat approval, the short plat shall become nultand void. Upon written request by the subdivider prior to the expiration date, the Short Subdivision Committee may grant one extension of not more than one (1) year. 17.12.050 Limitations on Further Subdivision. Any land subdIvided under the requirements of this chapter shall not be further divided for a period of five years without following the procedures for subdivision, except when the short plat contains fewer lots than allowed for a short plat, in which case an additional short plat may be approved if the total number of Tots within the boundaries of the original short plat does not exceed nine (9). 17.12.060 Contiguous Short Mats. • No application for a short plat shall be approved if the land being divided is held In common ownership with a contiguous parcel which has been divided in a short plat within the preceding five years and the total number of Tots created in both short plats would exceed nine. When the total number of lots exceeds four but is less than ten, the paving, curb, gutter and sidewalk shall be provided per TMC 17.20.030(C)(6)(c). Chapter 17.14 DETAILED PROCEDURES FOR SUBDIVISIONS Sections: 17.14.010 Scope. 17.14.020 Preliminary Plat. 17.14.030 Final Plat. 17.14.040 Phasing. 17.14.050 Expiration. 17.14.010 Scope. Any land being divided into ten (10) or more parcels, lots, tracts or sites, for the purpose of sale or gift, any one of which is less than twenty (20) acres in size, or any land which has been divided under the short subdivision procedures within five years and Is not eligible for further short platting pursuant to Section 17.12.100 shall conform to the procedures and requirements of this section. :Y±:aYhlmn+a.�n�ew.f�..mmr«rcru'hL� �*'.uflt.e . r,,�:ramt"�,..� r �J!!1r,+;kF�:!r,`✓°'q.;�wMYtfi &'S 11a11Aftor:1,1,,,7 Z ce ~W J0 00co 0 WI 1— �W W0 Q2 LLQ 2d 1-W Z� H 0 ZH W W U0 ON 0 WW H- tL O WZ 0- OH Z 17.14.020 Preliminary Plat. Applications for preliminary plat approval shall be processed as Type 5 decision subject to the provisions of TMC 18.108.050. A. Application: The following items are required, in quantities specified by DCD, for a complete application for preliminary short plat approval. Items may be waived if in the judgment of the DCD Director the Items are not applicable to the particular proposal: 1. Completed Preliminary Plat Application Form and fee as identified in Chapter 18.88 TMC. Z 2. Completed Application Checklist E—. Z �w 3. A complete SEPA Checklist application if project Is not exempt from SEPA. 6 .J 4. Complete applications for other required land use approvals. N p 5. A vicinity map showing location of the site. H 6. A survey prepared to the standards identified in TMC 17.04.060. w O 2 7. All existing conditions shall be ddfheated. Site and development plans shall provide the 5 following information:►i- d a. Owners of adjacent land and the names of any adjacent subdivisions. H W Z= b. Lines marking the boundaries of the existing lot(s) (any existing lot to be eliminated 0 should be a dashed line and so noted). • Z O W c. Approximate names, locations, widths and dimensions of existing and proposed, public street rights-of-way and easements and private access easements, parks and other open spaces, 0 U reservations, and utilities. w — d. Location, floor area and setbacks of all existing structures on the site. U u -Oe. Lot area, dimensions and average widths for each lot. N f. Location of proposed new property lines and numbering of each lot. O 1— g . g. Location, dimension and purpose of existing and proposed easements. Provide recorded Z documents which identify the nature and extent of existing easements. h. Location of any proposed dedications. i. Existing and proposed topography at two foot contour intervals extending to five feet beyond project boundaries. j. Location of any sensitive areas and sensitive area buffers (slopes twenty percent (20%) or greater, wetlands or watercourses) on the site. k. Location, size and species of any trees located within a sensitive area or its buffer or the shoreline zone unless none of these trees are to be removed and their location is not likely to create undue hardship on individual lots with respect to the tree ordinance (Chapter 18.54 TMC). control. 1. Source of water supply, method of sewage disposal, and manner of surface runoff m. Location of existing and proposed fire hydrants to serve the project. n. Description, location and size of existing and proposed utilities, storm drainage facilities and roads to serve the lots. o. A survey of existing trees and vegetation with a retention/removal plan for the preservation of significant trees and vegetation. p. Expected location of new buildings, their driveways and finished floor elevations. 8. Letter of water and sewer availability if the provider is other than the City of Tukwila. .;•-• 9. King County Assessor's maps which show the location of each property within five hundred (500) feet of the subdivision; three sets of mailing labels for all property owners and tenants (residents or businesses) within five hundred (500) feet of the subdivision. 10. Items required by TMC 18.1 04.060 not already listed above. B. Review Procedures: 1. Referral to Other Offices: Upon receipt of a complete preliminary plat application, the Department of Community Development shall transmit a notice of application and one copy of the preliminary plat to each of the following offices, where appropriate: Public Works, Building Division, Fire Department, Police Department, King County Health Department, the appropriate school district, and each public utility agency serving the area in which the property proposed for subdivision is located. 2. •Public Notice and Public Hearing: The process for public notice, hearings, decisions and appeals shall be as provided for Type 5 decisions as identified in Title 18. C. Criteria for Preliminary Plat Apprcval: The City Council shall base its decision on an application for preliminary plat approval on the following crjteria: 74. 1. The proposed subdivision is in conformance with the Tukwila Comprehensive Plan and any other City adopted plans. 2. Appropriate provisions have been made for water, storm drainage, erosion control and sanitary sewage disposal for the subdivision which are consistent with current standards and p'.ans. 3. Appropriate provisions have been made for road, utilities and other improvements which are consistent with current standards and plans. 4. Appropriate provisions have been made for dedications, easemcnts and reservations. 5. The design, shape and orientation of the proposed lots are appropriate to the proposed use for which the lots are intended and are compatible with the area in which they are located. 6. The subdivision complies with the relevant requirements of the Tukwila Subdivision and Zoning Ordinances, and all ether relevant local regulations. 7. Appropriate provisions for maintenance of privately owned common fac!!itles have been made. 8. The subdivision complies with RCW 58.17.110. 17.14.030 Final Plat. A. Application: The following items are required, in quantities specified by DCD, for a complete application for final plat approval. Items may be waived if in the judgment of the DCD Director saki items are not applicable to the particular proposal: r 1. Completed Application Form and fee as identified in Chapter 18.88 TMC. 2. Completed Application Checklist. 3. Copies and one original of the final plat survey in conformance with the standards set forth in 17.04.060. 4. A plat certificate from a title insurance company documenting the ownership and title of all interested parties in the plat, subdivision or dedication, and listing all encumbrances. The certificate must be dated within forty five (45) calendar days prior to the date of filing the application for final plat approval. 5. Private covenants intended to be recorded with the plat. 6. Any documentation necessary to demonstrate conditions of preliminary plat approval have been met. 7. King County Assessor's maps which shows the location of each property within five hundred (500) feet of the subdivision; two sets of mailing labels for all property owners and tenants (residents or businesses) within five hundred (500) feet of the subdivision. Z I= -Z r aa= J0 O 0 • 0 co w WI Q W W0 u_Q =• a �W Z= I— 0 Z I— Ill W O • - O i - WW 2 H0 tL .. Z W • co 0 Z 8. Maintenance agreements, easements and other documents ready for recording. 9. Signatures on the following certificates on the face of the plat (when appropriate) from the surveyor that prepared the plat, the King County Treasurer, Seattle -King County Health Department, City of Tukwila Finance Director, Owner's affidavit and certificate of dedication as identified in TMC 17.04.060(1). B. Final Plat Review Procedures: Applications for final plat approval shall be processed as Type 5 decision subject to the provisions of TMC 18.108.050. W 1. Referral to Other Departments and Agencies: The Department of Community Development shall distribute the final plat to all departments and agencies receiving the preliminary plat, and to any other departments, special purpose districts and other governmental agencies deemed necessary. 0 0 cn A 2. ' Departmental Approval: The Public Works Department and other interested departments and agencies shall review the final plat and submit to the Department of Community Development written —J '— comments with respect to the final plat decision criteria. If the final plat is in order, the Public Works N u_ Director shall sign the appropriate certificates on the mylar original. w 0- 3. Filing Final Plat: Before the final kis submitted to the City Council, it shall be signed by the City Treasurer (Finance Director), Director Of Public Works, and the Director of the Department of Community Development. Upon approval by the City Council, it shall be signed by the Mayor and = Ci attested by the City Clerk. 1— Z= The applicant shall file the final plat with the Department of Records and Elections. The plat will be I— O considered complete when a copy of the recorded documents is returned to the Department of w 1— Community Development.w C. Criteria for Final Plat Approval: In approving the final plat, the City Council shall find: O 0 1. That the proposed final plat bears the required certificates and statements of approval. W W 2. That a title insurance report furnished by the subdivider confirms the title of the land, and the LI ~O proposed subdivision. is vested in the name of the ovrner(s) whose signature(s) appears on the plat Z W certificate. U 3. That the facilities and improvements required to be provided by the subdivider have been O completed or, alternatively, that the subdivider has submitted with the proposed final plat a performance bond or other security in conformance with TMC 17.24.030. 4. That the plat is certified as accurate by the land surveyor responsible for the plat. 5. That the plat is in conformance with the approved preliminary plat. 6. That the plat meets the requirements of Chapter 58.17 RCW and other applicable state and local laws which were in effect at the time of preliminary plat approval. • J • 17.14.040 Phasing. The subdivider may develop and record the subdivision in phases. Any phasing proposal shall be submitted for City Council review at the time at which a final plat for the first phase is submitted. Approval of the phasing plan shall be based upon making the following findings: A. The phasing plan includes all land contained within the approved preliminary plat, Including areas where off-site improvements are being made. B. The sequence and timing of development is identified on a map. C. Each phase shall consist of a contiguous group of los that meets all pertinent development standards on its own. The phase cannot rely on future phases for meeting any City codes. D. Each phase provides adequate circulation and utilities. Public Works has determined that all street and other public Improvements, including but not limited to drainage and erosion control improvements are assured. Deferment of improvements may be allowed pursuant to Chapter 17.24 TMC. E. All phases shall be recorded within the five (5) year life of the preliminary plat, unless an extension is granted. .:414- ia"511.EL tq&E.iY}ii4 ilita .1�"INerift40. yk 4000ml • • 17.14.050 Expiration. The subdivision shall expire unless a complete application for final plat approval is submitted within five (5) years from the date of preliminary plat approval. The City Council may approve one extension not to exceed one (1) year. Chapter 17.16 DETAILED PROCEDURES FOR BINDING SITE IMPROVEMENT PLAN (BSIP) Sections: 17.16.010 Purpose. 17.16.020 Scope. 17.16.030 Preliminary Binding Site Improvement Plan (BSIP) Approval. 17.16.040 Final Approval of Plan. 17.16.050 Improvements. 17.16.060 Revision of Plan. 17.16.010 Purpose. This chapter is established to accommodate the division of land for the purpose of sale or lease of property within an integrated commercial or industrial center, which allows certain zoning standards (minimum parking, setbacks, landscaping, lot area and ladimension) on the individual lots to be modified provided the standards for the entire center are met. 17.16.020 Scope. A binding site Improvement plan application may be submitted for a project located on any land zoned commercial or industrial, which is being divided for the purpose of sale or lease consistent with the terms of this chapter. 17.16.030 Preliminary Binding Site Improvement Plan (BSIP) Approval. A. Application/Fees: The following items are required, in quantities specified by DCD, for a complete Binding Site Improvement Plan (13S1P) application. Items may be waived if in the judgment of the Short Subdivision Commitee said items a:e not applicable to the particular proposal: 1. Completed Binding Site Improvement Plan Application Form as prescribed by the DCD Director with fee as identified Da Chapter 18.88 TMC. 2. Completed Application Checklist. 3. A complete SEPA Checklist application if project is not exempt from SEPA. 4. Complete applications for other required land use approvals. 5. A vicinity map showing location of the site. 6. A survey prepared to the standards specified in TMC 17.04.060. 7. Site and deve;opment plans which provide the following information. .The plans shall be neat and accurate on a decimal scale sufficient in size and detail to demonstrate the BSIP meets the ordinance requirements, on mylar sheets in record of survey format: a. The owners of adjacent land and the names of any adjacent subdivisions. b. Lines marking the boundaries of the existing lot(s) (any existing lot to be eliminated should be a dashed line and so noted). c. Locations of existing and proposed public street rights•of-way and easements and private access easements. d. Location, floor area and setbacks of all existing structures on the site. e. Lot area, lot line dimensions and average widths for each lot. f. Location of proposed new property lines and numbering of each lot. g. Location, dimension and purpose of existing and proposed easements. Provide recorded documents which identify the nature and extent of existing easements. $�..'i.S:n°`ka'r'tr'; i>'F?';t..z3 4Vr •:`?Yh Det;;'+. ' , 3ehvg0s •y�� �Yf��{w-i:}�Y�Y.\.}'�J�Ilf l"�R,�7+•i1.1Lfj�11S5Y� ;xf�•Y•_ irh`;f�! flipt.'t..c .d ':$11ti'!a,,•4= t•#?:! el.. !s'1 10«L' h. Location of proposed dedications. i. Existing and proposed topography at two foot contour intervals extending to five feet beyond the project boundaries. J. Location of sensitive areas and sensitive area buffers (slopes 20% or greater, wetlands or watercourses) on the site. k. Location, size and species of any trees located within a sensitive area or Its buffer or the shoreline zone unless none of these trees are to be removed and their location is not likely to create undue hardship on individual lots with respect to the tree ordinance (Chapter 18.54 TMC). 1. Location of existing and/or proposed fire hydrants to serve the project. m. Description, location and size of existing and proposed utilities, storm drainage facilities and roads to serve the lots. n. Expected location of new buildings and driveways, including finished floor elevations of the buildings. 8. Letter of water and sewer availabilitl;t_if the provider is other than the City of Tukwila. 9. Parking calculations to demonstrate that the requirements of Chapter 18.56 have been met. 10. Proposed cross easement and maintenance agreement for shared parking, circulation, utility and landscaping Improvements. 11. Legal descriptions of all tracts located within the boundaries of the short plat. 12. Items contained in TMC 18.104.060 not already listed above. B. Review Procedures: An application for binding site improvement plan shall be reviewed and acted upon in the same manner prescribed in Section 17.12.020 (B) for short subdivisions. C. Approval Criteria;. 1. Prior to approval of any binding site Improvement plan, the Short Subdivision Committee shall insure that the following improvements are provided to sufficiently service the anticipated uses throughout the proposed ;:'.an and the decision criteria that follow are met: a. Adequate water supply. b. Adequate sewage disposal. c. Appropriate storm drainage improvements. d. Adequate fire hydrants. e. Appropriate access to all anticipated uses within the plan. f. Provision for all appropriate deed, dedication, and/or easements. g. Monurnentation of all exterior tract corners. , 2. The site is zoned commercial or industrial and meets the definition of an Integrated site. 3. Appropriate easements and maintenance agreements for shared facilities, Including but not limited to, circulation, parking, utilities and landscaping, have been provided. 4. When taken as a whole, and not considering any Interior lot lines, the Integrated site meets all the zoning and subdivision requirements. 5. Modifications to the minimum zoning standards for individual lots located within the integrated site, including setbacks, parking, landscaping, lot area and lot dimension are not detrimental to the public health, safety and welfare, do not adversely affect the rest of the Integrated site or other properties in the vicinity. 6. Common improvements necessary to serve any particular phase of development must be sufficient for meeting the zoning and subdivision requirements for that phase. 7. Access to the integrated site meets the subdivision ordinance standards. Access within the site provides for safe and efficient circulation and meets Fire Department access requirements. .tiif!:ln :Mi i:i....W f f'• :b'ct Y �r . t"s4pt t,p 44, 8. The circulation system incorporates appropriate provisions for safe pedestrian activity to the site from the street and from building to building within the site. 9. The sign regulations shall be applied to the integrated site as a whole. For example, the number of freestanding signs allowed is based on one site within the binding site improvement plan. Individual ownerships within the integrated site are not considered to be separate sites in determining the number of freestanding signs allowed. 10. The yard requirements of the Uniform Building Code are met. 17.16.040 Final Approval of Plan. A. Prior to the plan being granted final approval a survey, prepared by a licensed surveyor to the standards contained in TMC 17.04.060, shall be submitted to the Short Subdivision Committee with the final plan. The survey and plan shall be consistent with the preliminary approval. B. Once the Short Subdivision Committee determines the survey, plan and other documents for recording are consistent with the preliminary approval, It will be certified for filing by the chair of the Short Subdivision Committee. C. After being certified for filing by the Short Subdivision Committee, binding site improvement plans and survey shall be filed by the applicant with he King County Department of Records and Elections, and a copy of the recorded documents shall be returned to the Department of Community Development prior to issuance of any building permits for construction within the site. The applicant shall pay all costs associated with this filing. 17.16.050 Improvements. Prior to the issuance of a building permit for construction within a binding site improvement plan, all Improvements required to adequately service that portion of the plan for which the building permit will be issued shall be Installed or bonded in accordance with TMC 17.24.030. 17.16.060 Revision of Plan. Alteration of an approved and recorded binding site improvement plan shall be accomplished by application to the Short Subdivision Committee as set forth in Section 17.16.030, and shall be subject to all procedures and requirements established in this chapter. Chapter 17.20 DESIGN AND IMPROVEMENT STANDARDS FOR THE SUBDIVISION OF LAND Sections: 17.20.010 Applicability. 17.20.020 Improvements, Supervision, inspections and Permits Required. 17.20.030 General Standards. 17.20.010 Applicability. The standards contained in this chapter are to be used as the basic standards for addressing the approval criteria for subdivisions, short plats, boundary line adjustments and binding site improvement plans. The decision making entity may require additional standards be met if it is determined necessary to meet the approval criteria for a particular application. 17.20.020 Improvements, Supervision, Inspections and Permits Required. A. Required Improvements: Every subdivider may be required to grade and pave streets and alleys, install curbs and gutters, sidewalks, monuments, sanitary and storm sewers, water mains, fire hydrants, street lights and name signs, together with all appurtenances in accordance with specifications and standards of this code, approved by the Public Works Department, and in accordance with other standards of the City. B. Supervision and Inspection: A licensed engineer or engineering firm, acceptable to the Department of Public Works, shall be responsible for the supervision and inspection of all subdivision improvements. All improvements shall be certified in writing as completed in accordance with plans and specifications as approved by the Department of Public Works. C. Permits: Prior to proceeding with any subdivision improvements, the subdivider shall obtain those permits from the City as are necessary. The subdivider Is also responsible for complying with all applicable permit requirements of other Federal, State and local agencies. ;;; a, s ly+6M—;.ivzto:-' 4.1.gr`,n.ftvgirciPt:FtttP,liV.tRt'lf iv+:+ iiitt}.*." !laPhn f t:!0:44r,{d:};`Ft:f6y:,Set', 1.4..vil,,4:,: tAdMk`P5- i s1. rR.ymo Z ~W re i0 UO CO Q CO ILI W H WO g< • O = W Z� H O W I— W U Q O N Q 1 - W W H 0 W Z lit U= O I Z 17.20.030 General Standards. A. Environmental Considerations: 1. Land which contains a sensitive area or its buffer as defined in Title 18, or is subject to the flood zone control ordinance as defined in Chapter 16.52, shall be platted to reflect the standards and requirements of the sensitive areas overlay zone, Chapter 18.45, the planned residential development overlay if required pursuant to Chapter 18.46, and/or the flood zone control ordinance, Chapter 16.52. No lot shall be created that does not contain an adequate building site, given the environmental considerations of the lot and current development standards. 2. Trees: In addition to meeting the requirements of the tree ordinance (Ch. 18.54), every reasonable effort shall be made to preserve existing trees and vegetation, and integrate them into the subdivision's design. B. Compatibility with Existing Land Use and Plans: 1. Buffer Between Uses: Where single-family residential subdivisions are to be adjacent to multiple - family, commercial or industrial land use districts, and where natural separation does not exist, adequate landscape buffer strips and/or solid fences for screening shall be provided. 2. Conformity with Existing Plans: T 4ocation of all streets shall conform to any adopted plans for streets in the City. If a subdivision is located in the area of an officially designated trail, provisions may be made for reservation of the right-of-way or for easements to the City for trail purposes. The proposed subdivision shall respond to and complement City ordinances, resolutions, and comprehensive plans. 3. Other City Regulations: All subdivisions shall comply with all adopted City regulations. In the event of a conflict, the more restrictive regulation shall apply. 4. If a subdivision, short plat, or boundary line adjustment in a residential zone would result in an accessory structure remairing alone on a lot, the structure must be demolished before preliminary approval, or the owner must provide a bond or other financial guarantee acceptable to the Director in the amount of 1 S0% of the cost of demolition and assurance that the accessory structure will be demolished if a residence is not built on the lot within 12 months of final approval. C. Streets: 1. Extension: Proposed street systems shall extend existing streets at the same or greater width, unless otherwise approved by the Department of Public Works and authorized by the City Council in approval of the plat. `.'There appropriate, streets shall be extended to the boundaries of the plat to ensure access to neighboring properties. The City's goal is to have an integrated system of local streets whenever practical. Grading of steep topography may be necessary to achieve this objective. However, In sensitive areas, the layout and construction of streets shall follow the standards and procedures of the sensitive areas overlay zone. Dedication of additional right-of-way may be required for a short plat when it is necessary to meet the minimum street width standards or when lack of such dedication would cause or contribute to an unsafe road or intersection. 2. Names: All proposed street names or numbers shall be subject to approval by the Department of Community Development. 3. Intersections: Any Intersection of public streets, whatever the classification, shall be at right angles as nearly as possible and not be offset insofar as practical. 4. Street Layout: Street layout shall provide for the most advantageous development of the subdivision, adjoining areas, and the entire neighborhood. Evaluation of street layout shall take into consideration potential circulation solutions. While It is important to minimize the impact to the topography from creating an integrated road system, improved site development and circulation solutions shall not be sacrificed to minimize the amount of cut and Fill requirements of the proposal. Where sensitive areas are Impacted, the standards and procedures for rights-of-way in the sensitive areas overlay zone shall be followed. 5. Private access roads may be authorized If: a. Allowing private access roads in the area being subdivided will not adversely affect future circulation in neighboring parcels of property; and b. Adequate and reasonable provisions are made for the future maintenance and repair of the proposed private access roads; and c. The proposed private access roads can accommodate potential full (future) development on the lots created; and d. For residential subdivisions, the proposed private access roads do not serve more than four (4) lots nor are more than two hundred (200) feet in length. Those access roads one hundred and fifty (150) feet or greater in length shall have a turn around built to Fire Department standards. e. For commercial and industrial subdivisions, when private access roads are authorized, there shall be a minimum easement width of forty (40) feet. With the exception of minimum easement widths, private access roads shall be designed and constructed in accordance with the Department of Public Works standards, and zoning setbacks shall be required as though the easement were a public right-of-way. 6. Public Roads: a. Right-of-way and paving widths for public roads shall be based on the table below. The minimum paving and right-of-way width shall be used unless the City Engineer demonstrates a wider width is needed due to site circumstances, Including but not limited to topography, traffic volume, street patterns, on -street parking, lot patterns, land use and bike and transit facilities, that justify an increase in width. Type of Street Right -of -Way Roadway Pavement Principal Arterial 80 - 100 feet 48 - 84 feet Minor Arterial 60 • 80 feet 36 • 64 feet Collector Arterial 60 -80 feet 24 • 48 feet Access Road 50 • 60 feet 28 - 36 feet Cul -De -Sac Roadway 40 feet 26 feet Turnaround (single family) 80 feet (diameter) 60 feet (diameter) Turnaround (multifamily, commercial) 92 feet (diameter) 81 feet (diameter) Alley 20 feet 15 feet Private Access Roads Residential 20 feet 20 feet Commercial 40 feet 28 feet b. Design: The design and alignment of all public streets shall conform to the following standards unless otherwise approved by the Department of Public Works: 1) Cul-de-sacs: Cul-de-sacs are not allowed unless there is no reasonable alternative or the cul-de-sac is shown on an officially adopted street plan. When allowed, they shall not exceed a length of six hundred (600) feet unless the City Council determines that adequate alternative emergency access will be provided. 2) Street Grades: Street grades shall not exceed fifteen percent (15%). However, provided there are no vehicular access points, grades may be allowed up to eighteen percent (18%), for not more than two hundred (200) feet when: a) Exceeding the grades would facilitate a through street and connection with the larger neighborhood; b) The greater grade would minimize disturbance of sensitive slopes; c) The Fire Marshal grants approval of the grade transition; and d) Tangents, horizontal curves, vertical curves, and right-of-way Improvements conform to Department of Public Works standards. c. Full Width Improvement: When Interior to a subdivision or a short plat of five or more lots, all publicly owned streets shall be designed and installed to full width improvement as provided below: 1) Shall be graded as necessary to conform to Department of Public Works standards. 2) Shall be of asphaltic concrete according to Department of Public Works standards. ..s�`. ! ""M' !".fP>P11 MIMV,,4 1tWtlPg4KIAlt.'.'1WW tCiti:"1rYR'it�lixo�pl'i+ttr.{n4��eO>,^r:••,°,;'nna+r.;.wes.�rng, n•n.rt y'.-•�.'c�; 3) Shall have permanent concrete curbs and gutters according to Department of Public Works standards. 4) Shall have storm drains consisting of the proper size pipe and catch basins; sizes to be approved by the Department of Public Works prior to the public hearing for the preliminary plat. 5) Shall have sidewalks provided at a minimum width as specified in Chapter 11.18 TMC. Z d. Full Width Improvement: When interior to a short plat of four or fewer lots, all public = streets and all privately owned streets that have the potential to serve five or more lots shall be designed l.— Z and installed to full width improvement as provided below:tY w 1) Shall be graded as necessary to conform to Department of Public Works standards. U O 2) Shall be of asphaltic concrete according to Department of Public Works standards. w w J 3) Shall provide storm drainage to be approved by the Department of Public Works. u w0 4) Shall provide sidewalk right-of-way or easements at a minimum width as specified in 2 Chapter 11.18 TMC._ — u- < 5) Shall construct or provide L.I.D. no•protest agreements for permanent concrete curbs, U d gutters, and sidewalks according to Department of Public Works standards. = w t— = 6) Shall be dedicated to the City or subject to a binding agreement for future dedication. Z I._ I— O Z I— e. Full Width Improvement: All privately owned roads that will serve four or fewer houses W shall be designed and installed to full width improvement as provided below: D p UCO 1) Shall be graded as necessary to conform to Department of Public Works standards. p 1-- w 2) Shall be of asphaltic concrete according to Department of Public Works standards. H V LIO 3) Shall provide storm drainage to be approved by the Department of Public Works. al Z f. Half Width Improvement: Streets abutting the perimeter of a subdivision or short plat of U five or more iots shall provide the full improvements on the half of the street adjacent to the site, provided ~'— additional paving may be required to ensure safe and efficient roads exist to serve the subdivision; Z provided further that there are no physical obstructions to completing the other half of the roadway; and that there is a minimum of twenty (20) feet of ppving. If the future grade or alignment of the adjacent public street is uriknown and it is not feasible to establish the grade in a reasonable period or the immediate improvement of the street would result in a short, isolated segment of improved street and similar street improvements in the vicinity are unlikely to occur within 6 (six) years , the City may approve a delay of improvements. The owner(s) must agree to enter into a binding L.I.D. no•protest agreement to further improve the street to full public street standards in the future, however adjacent streets must still be improved to the minimum level necessary, In the judgment of the City Engineer, to safely accommodate traffic generated by the proposed subdivision or short plat. Streets abutting the perimeter of a short plat of four or fewer lots shall provide L.I.D. no•protest agreements for construction of frontal improvements on the half of the street adjacent to the site, provided that there is a minimum of twenty (20) feet of paving. D. Utilities: All utilities designed to serve the subdivision shall be placed underground and, if located within a sensitive area, shall be designed to meet the standards of the sensitive areas overlay zone. Those utilities to be located beneath paved surfaces shall be installed, including all service connections, as approved by the Department of Public Works; such installation shall be completed and approved prior to application of any surface materials. Easements may be required for the maintenance and operation of utilities as specified by the Public Works Department. 1. Sanitary Sewers: Sanitary sewers shall be provided to each lot at no cost to the City and designed in accordance with City standards. Septic systems may be installed when approved by the Seattle -King County Department of Public Health and when the existing sewer system will not be available to the lot within the life of the preliminary approval. h . ....r,u!^?�:Vw,?f^J;i'x"� t.'G1V�'•`.,ru�N: �I:m�:.}�rlyi?:`!'1.. ose -.i'Yi kF! LtS:I: 'sitr�v3' l+ 2. Storm Drainage: The storm drainage collection system shall meet the requirements of the City's stormwater ordinance standards (Ordinance #1755). 3. Water System: Each lot within a proposed subdivision shall be served by a water distribution system designed and installed in accordance with City standards. Locations of fire hydrants and flow rates shall be in accordance with City standards and the Uniform Fire Code. E. Blocks: 1. Length: Residential blocks should not be less than three hundred (300) feet nor more than one thousand (1,000) feet in length, (six hundred (600) - two thousand (2,000) feet for commercial and industrial areas). Where circumstances warrant for the purpose of implementing the Comprehensive Plan, the Planning Commission may require one or more public pathways of not less than six (6) feet nor more than fifteen (15) feet in width, either by dedication or easement, to extend entirely across the width of the block to connect public rights-of-way. 2. Width: Blocks shall be wide enough to allow two tiers of lots, except where abutting a major street or prevented by topographical conditions or size of the property, in which case the City Council may approve a single tier. 3. Pedestrian Considerations: Blocks„ xoads and pedestrian improvements shall be designed to provide a safe and convenient pedestrian network. F. Lots: 1. Arrangement: Insofar as practical, side lot lines shall be at right angles to street lines or radial to curved street lines. Each lot must have access to a public street that is approved at the time of plat review; however, rather than designing flag lots, access shall be accomplished with common drive easements. 2. Lot Design: The lot area, width, shape, and orientation shall be appropriate for the location of the subdivision, for the type of development and land use contemplated, and shall conform with the requirements of the zoning ordinance. 3. Corner Lots: ..Corner lots may be required to be platted with additional width to allow for the additional side yard requirements. G. Landscaping: 1. Each lot within a r.ew subdivision or short plat of five (5) lots or greater shall be landscaped with at least one (1) tree in the front yard to create a uniform streetscape. 2. Landscaping shall conform with Public Work standards. H. Street Signs: Tne subdivider shall be responsible for the initial cost of any street name or number signs, or street markings, Including installation thereof, that Public Works finds necessary for the subdivision. . r I. Lighting: Street lighting shall conform to the Department of Public Works standards unless the City Council requires alternative fixtures, poles, and/or spacing to contribute to an overall design concept of the subdivision. ). Monumentation: 1. Imprinted Monument: All monuments set in subdivisions shall be at least one-half (1/2) inch x twenty-four (24) Inch steel bar or rod, or equivalent, with durable cap imprinted with the license number of the land surveyor setting the monument. 2. Centerline Monument: After paving, except as provided in subsection five (5) below, monuments shall be driven flush with the finished road surface at the following intersections: a. Centerline intersections: b. Points of intersection of curves if placement falls within the paved area; otherwise, at the beginnings and endings of curves. c. Intersections of the plat boundaries and street center lines. 3. Property Line Monumentation: All front corners, rear corners, and beginnings and endings of curbs shall be set with monuments, except as provided in subsection (5) below. In cases where street curbs are concentric and/or parallel with front right-of-way lines, front property line monumentation may be provided by brass screws or concrete nails at the intersections of curb lines and the projections of side property lines. If curb monumentation is used, it shall be noted on the plat, and also that such monumentation is good for projection of line only and not for distance. 4. Post-monumentation: All monuments for exterior boundaries of the subdivision shall be set and referenced on the plat prior to plat recording. Interior monuments need not be set prior to recording if the developer certifies that the interior monuments shall be set within ninety (90) days of final subdivision construction inspection by the Department of Public Works, and if the developer guarantees such interior monumentation. 5. Post-monumentation Bonds: In lieu of setting interior monuments prior to final plat recording as provided in subsection (3) above, the Public Works Director may accept a bond in an amount and with surety and conditions satisfactory to the Director, or other secure method as the Public Works Director may require, providing for and securing the actual setting of the interior monuments. Chapter 17.24 PROCEDURES FOR PUBLIC IMPROVEMENTS Sections: 17.24.010 Plans and Permits Required for Public Improvements. 17.24.020 Process for Installing Public Improvements. 17.24.030 Improvement Agreements and Financial Guarantees. 17.24.010 Plans and Permits Required for Public Improvements. Approval of a preliminary plat, short plat. binding site improvement plan or boundary line adjustment shall constitute approval for the applicant to develop construction plans and specifications, for all facilities and improvements, in substantial conformance to the preliminary approval, design standards, and any special conditions required by the City Council; to obtain permits and complete installation for said improvements; and to prepare a final plat, plans, surveys and other documents for recording. Prior to installing Rnprovements, the developer shall apply for all required permits for those improvements. The applications shall include development plans as specified on the application form. 17.24.020 Process for Installing Public Improvements. Improvements installed by the developer of the subdivision or short plat, either as a requirement or of the subdividers own option, shall conform to the requirements of this title and Improvement standards, specifications, inspections and procedures as set forth by the Department of Public Works, and shall be installed in accordance with the following procedures: A. Work shall not be commenced until plans have been checked for adequacy and approved by Public Works to the extent necessary for the evaluation of the subdivision or short plat proposal. The plans may be required before approval of the final plat, if improvements are to be deferred. Plans shall be prepared in accordance with the requirements of the City. .l • B. Work shall not commence until Public Works has been notified in advance and if work has been discontinued for any reason, it shall not be resumed until Public Works has been notified. C. Public improvements shall be constructed under the inspection and to the satisfaction of the Director of Public Works. The City may require changes in typical sections and details if unusual conditions arise during construction to warrant the change. D. All underground utilities, sanitary sewers and storm drains installed in the streets by the developer of the subdivision or short plat shall be constructed prior to the surfacing of streets. Stubs for service connections and underground utilities and sanitary sewers shall be placed to a length obviating the necessity for disturbing the street improvements when surface connections are made. E. Plans showing all improvements as built shall be filed with the City upon completion of the improvements. 17.24.030 Improvement Agreements and Financial Guarantees. A. Before any final subdivision, short plat, binding site improvement plan or boundary line adjustment is finally approved, the subdivider shall install required improvements and replace or repair any such improvements which are damaged In the development of the subdivision. In lieu of installation of all kuA�7• ttaxtk:n,<r..".....�....rofirx,* required improvements, the subdivider may execute and file with the City an agreement guaranteeing completion of such improvements together with any needed replacement or repair. The agreement shall: L Specify the period of time within which all work required shall be completed. The time for completion shall not exceed one (1) year from the date of final approval of the subdivision. The agreement may provide for reasonable extensions of time for completion of work. Extensions must be requested, approved by the City Council, and properly secured in advance of the required initial completion date. 2. Require notice by the subdivider to the Public Works Director promptly upon completion of all required improvements. 3. Provide for notice of approval or disapproval by the Public Works Director of the improvement within a reasonable time after receiving notice of completion. 4. Require financial security to be provided by the subdivider pursuant to subsection "C" below. S. Provide that if the subdivider fails to complete all required work within the period specified, the City may take steps to demand performance of the developer's obligation within a reasonable time not to exceed ninety (90) days from the date of demand. 6. Provide that if the required improvements are not completed within that time, the City may take action to require the subdivider forfeit the financial security. 7. Provide that the City shall be entitled to recover all costs of such action including reasonable attorney's fees. 8. Provide that following recovery of the proceeds of the financial security, those proceeds shall be used to complete the required improvements and pay the costs incurred. 9. Provide that should the proceeds of the financial security be insufficient for completion of the work and payment of the costs, the City shall be entitled to recover the deficiency from the subdivider. B. Regardless of whether all required improvements are completed prior to final approval of any subdivision of land, as a condition of such approval the subdivider shall execute an agreement to assure successful operation oisaid improvements. The agreement shall: 1. Require the subdivider to post a bond or other financial security to secure successful operation of all required improvements and full performance of the developer's maintenance obligation. Such financial security shall be effective for a two-year period following approval of installation of all required improvements. 2. Require the subdivider to perform maintenance functions on drainage improvements for a period of time not to exceed two years from approval of their completion or final plat approval, whichever is later. Such maintenance functions shall be specified by the Public Works Director and shall be reasonably related to the burdens which the subdivision will impose on drainage facilities during the time maintenance is required. The City Council may agree to accept and perform maintenance of the improvements, in which case the subdivider's obligation to perform maintenance functions shall terminate. 3. Not relieve the subdivider of liability for the defective condition of any required improvements discovered following the effective term of the security given. 4. Provide a waiver by the subdivider of all claims for damages against any governmental authority which may occur to the adjacent land as a result of construction, drainage and maintenance of the streets and other Improvements. C. To assure full performance of the agreements required herein, the subdivider shall provide one or more of the following in a form approved by the City Attorney: 1. A surety bond executed by a surety company authorized to transact business in the State of Washington. 2. An Irrevocable letter of credit from a financial institution stating that the money is held for the purpose of development of the stated project. 3. An assignment of account with a financial institution which holds the money in an account until such time the City signs a written release. The assignment of account will allow the City to withdraw the funds in the event the provisions of the agreement are not met. 4. A cash deposit made with the City of Tukwila. D. Amount of Financial Security: The financial security provided shall be one -hundred and fifty percent (150%) of the estimated cost of the improvements to be completed and all related engineering and incidental expenses, final survey monumentation and preparation of reproducible mylar or electronic records in a format approved by Public Works and meeting current Public Works drawing standards of the "as -built" improvements. The subdivider shall provide an estimate of these costs for acceptance by the Public Works Director. E. Defective Work: The acceptance of improvements by the City shall not prevent the City from making a claim against the developer for any defective work if such is discovered within two years after the date Of completion of the work. Chapter 17.32 EXCEPTIONS, PENALTIES, SEVERABILITY, LIABILITY • Sections: 17.28.010 Exceptions. 17.28.020 Penalties. 17.28.030 City not liable. 17.28.040 Severability. 17.28.010 Exceptions. A. Exception Criteria: Exceptions from the requirements of this code may be granted when undue hardship may be created as a result of strict compliance with the provisions of this code. Any authorization for exception may prescribe conditions deemed necessary or desirable for the public interest. An exception shall not be granted unless: 1. There are special physical circumstances or conditions affecting said property, such that the strict application of the provisions of this code would deprive the applicant of the reasonable use or development of his laad; and 2. The exception is necessary to insure such property rights and privileges as are enjoyed by other properties in the vicinity and under similar circumstances; and 3. The granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity. B. Procedures: An application for any exception from this code shall be submitted in writing by the subdivider, as part of the application for short subdivision, binding site improvement plan, or preliminary plat. Such application shall fully state all substantiating facts and evidence pertinent to the request. 1. Short Subdivision: A short subdivision or binding site Improvement Rtan exception shall be reviewed by the Short Subdivision Committee In conjunction with review of the short subdivision or binding site improvement plan application. The decision of the Short Subdivision Committee shall be final and conclusive unless appealed in accordance with the appeal procedure for Type 2 decisions set forth In TMC 18.108.020. 2. Preliminary Plat: A preliminary plat exception shall be considered by the City Council at the same time the public hearing is conducted for the preliminary plat. The decision of the City Council shall be final and conclusive. 17.28.020 Penalties. Any violation of any provision, or failure to comply with any of the requirements of this chapter, shall be subject to the terms and conditions of Chapter 8.45. 17.28.030 City not liable. This code shall not be construed to relieve from or lessen the responsibility of any person owning any land or building, constructing or modifying any subdivisions in the City for damages to anyone injured or damaged either in person or property by any defect therein; nor shall the City or any agent thereof be held as assuming such liability by reason of any preliminary or final approval or by issuance of any permits or certificates authorized herein. 4111113010t3...� _i�nrn1.h?7v 1,` f w"S1t"'RYc nh` 17.28.040 Severability. If any section, subsection, clause or phrase of this code is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. Section 2. Repealer. Ordinance 1014 is hereby repealed. Section 3. Repealer. Ordinance 1770 Sections 16, 17, 18, 19, 20, 22; Ordinance 1599 Section 6; Ordinance 1576 Sections 1, 2, 3, 4; and Ordinance 1671 Section 15 are hereby repealed. Section 4. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise Invalid for any reason, or should any portion of this ordinance be pre-empted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL O)~THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of '.' , 1998. ATTEST/AUTHENTICATED: Jane E. Cantu, City Clerk APPROVED AS TO FORM: By Office of the City Attorney FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: John W. Rants, Mayor 4 '3 I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING PORTIONS OF ORDINANCES 1758 §1 AND 1768 §2, TUKWILA ZONING CODE, AS CODIFIED IN TITLE 18 OF THE TUKWILA MUNICIPAL CODE; COMBINING THE SUBDIVISION AND ZONING CODE DEFINITIONS; AMENDING APPLICATION FEES; CHANGING NOTICE REQUIREMENTS; REPEALING ORDINANCE 1770, §61; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, combining the definitions from the Subdivision Ordinance with those in the Zoning Code will eliminate duplication and Inconsistencies; and WHEREAS, revisions to the Subdivision Ordinance require revisions to the Zoning Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance 1758, §1, as codified at Section 18.06.035 of the Tukwila Municipal Code, is hereby amenVed to read as follows: 18.06.035 Ailey. "Alley" means a public thoroughfare or way usually having a width of not more than 20 feet which affords only a secondary means of access to abutting property and is not Intended far genera: traffic circulation. Section 2. Ordinance 1758, §1, as codified at Section 18.06 of the Tukwila Municipal Code, is hereby amended to add the following definitions: Binding Site Improvement Plan. "Binding Site Improvement Plan" means an improvement plan processed in accordance with Chapter 17.16, which is legally binding on the land owner, his heirs, successors and assigns. Block. "Block" means a group of lots, tracts or parcels, which have been subdivided, and are entirely surrounded by highways or streets or in part by a well•defined or fixed boundary. Cul-de-sac. "Cul•de•sac" means a street having one end open to traffic and being terminated at the other end by a circular vehicular turn -around. Dedication. "Dedication" means a deliberate appropriation of land by its owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. Final Plat. "Final Plat" means the final drawing of the subdivision and dedication prepared for filing for record with the Department of Records and Elections, and containing all elements and requirements set forth in the subdivision code. ATTACHMENT Q Integrated site. "Integrated site" means a commercial or industrial zoned property for which a Binding Site Improvement Plan is being or has been approved and recorded. The site typically contains within it multiple tracts of land under separate leasehold or ownership, but functions as a single center. Characteristics of an integrated site includes commonly shared access, parking, utilities, signage and landscaping; the site is not bisected by a public or private street; and zoning and sign regulations are applied to the entire site, as If there were no interior property lines. Land surveyor. _ • "Land surveyor" means an individual registered in accordance with the provisions of RCW 18.43 and 1— tZ Lease. U "Lease" means a contract or agreement whereby one party grants to another party general or limited 0 g rights, title or interest in real property. This definition is intended to apply to those agreements which are ` W W ordinarilyconsidered "ground leases", and shall not apply to those which are ordinarily considered "space u leases." N WO Performance bond or guarantee. N "Performance bond or guarantee" mean's that security to ensure installation of certain required improvements which may be accepted to clerk. those improvements when such a deferment Is warranted < and acceptable to the City. to a2 Planning Commission. 1— _ "Planning Commission" means that body as defined under Title 2.36 of the Tukwila Municipal Code. Z F' I— O Plat. W w "Plat" means a map or representation of a subdivision, showing thereon the division of a tract or parcel of ? land into lots, blocks, streets, and alleys or other divisions and dedications. V 0— Preliminary plat. 0 1— "Preliminary plat" means a neat and approximate drawing of a proposed subdivision or short plat, 2 W showing the general layout of streets and alleys, lots, blocks, utilities, and restrictive covenants to be 1— applicable to the proposal, and other elements of a plat which shall furnish a basis for the approval or LI 0 disapproval of the apQ1ication. Z r Principal building. F-, ''Principal building" means the principal structure on a lot or building site designed or used to 0 1• - licensed to perform land surveys in the State of Washington. accommodate the primary use to which the premises are devoted. Z Private access road. "Private access road" means a minor, privately owned and maintained road which serves to provide access to los as authorized pursuant to TMC 17.24.030 and 17.28.050. Right-of-way. "Iight•of•way" means a right belonging to a party to pass over land of another. Roadway. "Roadway" means that improved portion of a street intended for the accommodation of vehicular traffic, generally within curb lines. Short Plat. "Short plat" means the map or representation of a short subdivision. Short Subdivision. "Short subdivision" means the division of land into nine or less lots, tracts, parcels, sites or divisions. Short Subdivision Committee. The Short Subdivision Committee (SSC) shall consist of the Director of the Department of Community Development who shall be the chair, the Public Works Director, and the Fire Chief, or their designated representatives. Subdivision. "Subdivision" means the division or redivision of land into ten or more lots, tracts, parcels, sites or divisions. Section 3. Ordinance 1758, §1, as codified at Section 18.06.505 of the Tukwila Municipal Code, is hereby amended to read as follows: h:"Y.9^J18'i('w,.:k:KY(9M44"fi+•,,yr^7M;i"6^.!!?Y,tK!. ;,r:r4,'.,•'F;KirtN4V?u4,•gklIfe,?!4f1+"/HY4 18.06.505 Lot area. "Lot area" means the total horizontal area within the boundary lines of a lot and exclusive of street right. of -way, street easement, or private access roads serving more than one lot authorized pursuant to the subdivision ordinance. Section 4. Ordinance 1758, §1, as codified at Section 18.06.825 of the Tukwila Municipal Code, is hereby amended to read as follows: 18.06.825 Tract. "Tract" means a parcel of land proposed for subdivision or a distinct parcel designated for a specific use. Section 5. Ordinance 1758, §1, as codified at Section 18.45.060 of the Tukwila Municipal Code, is hereby amended to read as follows: 18.45.060 Procedures. When an applicant submits an application for any building permit, subdivision, short subdivision or any other land use review which approves a use, development or future construction, the location of any sensitive areas and buffers on the site shall be indicated on the plans submitted. When a sensitive area is identified, the following procedures apply. The Director may waive item numbers 1, 2, 4 and 5 of the following if the size and complexity of the. project does not warrant that step in the procedures and the Director grants a waiver pursuant to TMC 1 $;45.020(F)(2). 1. Sensitive Areas Study and Geoteclmnical Report. The applicant shall submit the relevant study as required in TMC 21.04.140 and this chapter. It is intended that sensitive areas studies and information be utilized by applicants in preparation of their proposals and therefore shall be undertaken early in the design stages of a project. 2. Planned Residential Development Permit Any new residential subdivision or multiple family residential proposal which includes a sensitive area or its buffer on the site shall apply for a planned residential development permit and meet the requirements of the Planned Residential Development District chapter of this title. 3. Denial of Use or Development. A use or development will be denied if it is determined by the Director that the applicant cannot ensure that potential dangers and costs to future inhabitants of the development, adjacent and local properties, and Tukwila are minimized and mitigated to an acceptable level. 4. Pre -development Conference. The applicant, specialist(s) of record, contractor, and department represerj):atives will be required to attend preconstructlon conferences prior to any work on the site. 5. Construction Monitoring. The specialist(s) of record shall be retained to monitor the site during construction. 6. On•sIte Identification. The Director may require the boundary between a sensitive area and its buffer and any development or use to be permanently identified with fencing, or with a wood or metal sign with treated wood, concrete or metal posts. Size will be determined at the time of permitting, and wording shall be as follows: "Protection of this natural area is In your care. Alteration or disturbance Is prohibited pursuant to Chapter 18.45 TMC. Please call the City of Tukwila for more information." Section 6. Ordinance 1758, §I, as codified at Section 18.88.010 of the Tukwila Municipal Code, is hereby 2rnended to read as follows: 18.88.010 Application fees. The following fees shall be paid by any applicant for a land use permit at the same time that said application Is filed with the City: .1 Type of Application Fee Comprehensive plan amendment Conditional use permit (CUP) Design review (BAR) Planned Residential Development (PRD) Reclassification (rezone) Shoreline substantial development permit Short Plat/Binding Site Improvement Plan Street vacation Unclassified use permit (UUP) Variance Boundary line adjustments Special review (parking/sign deviation, etc.) Zoning Code Amendment Preliminary Plat Final Plat ,,, ..,r• ,rr $700.00 850.00 900.00 800.00 plus 100.00/acre 700.00 550.00 200.00 120.00 850.00 600.00 50.00 200.00 700.00 800.00 plus 75.00 per lot 400.00 plus 25.00 per lot ;-n. z��t^'?r.,a<-+,+�^fi°1^-�.^'^"�t:a�s ':fr#�°'4•f'H1'«"?�ju`. {'1,`;^'�j,kv'c;°:w?.e�'� Application for renewals of any land use permit, provided such renewals are specifically authorized, shall pay the same fee required for the land use permit being renewed. Section 7. Repealer. Ordinance 1770, §61, as codified at Section 18.88.010 of the Tukwila Municipal Code, is hereby repealed. Section 8. Ordinance 1768, §2, as codified at Section 18.104.090 of the Tukwila Municipal Code, is hereby amended to read as follows: Z 18.104.090 Notice of Application - Procedure. = l— Notice of Application shall be provided as follows: W 1. For all Type 2, 3, 4 and 5 decisions, and Type 1 decisions which require SEPA review, the Q Notice of Application shall be mailed by first class mail to the applicant and to departments and J V agencies with jurisdiction, except that a Notice of Application is not required in the case of a Code U 0 Interpretation pursuant to TMC 18.96.010 or a Sign Permit Denial pursuant to TMC 19.12. N W 2. For Type 1 decisions and Type 2 decisions which require SEPA review, the Notice of W = Application shall be provided by posting pursuant to TMC 18.104.110, provided that the Notice of -J ti Application for a Type 1 decision involving a single family residence need not be posted but shall be published one time in a newspaper of general circulation in the City. W 3. For short plats of 5 through 4 lots and Type 3, 4 and 5 applications, the Notice of M Application shall be posted pursuant to TMC -48.104.110 and mailed pursuant to TMC 18.104.120. g 1— Q 4. For applications which require any Shoreline permit, additional notice shall be provided asrn D required by RCW 90.58. _ 5. For preliminary plats, additional published notice shall be provided as required by RCW f— _ 58.17.090(a). Z1- 6. The Director shall have the discretion in unusual circumstances (i.e. lengthy utility corridor Z 0 or right-of-way construction projects) where posting and mailed notice would be impractical, to require W W the notice of application to be published in a newspaper of general circulation in the area where the 2 D proposal Is located, in lieu of posting and mailed notice. U 0 ON Section 9. Severability. Should any section, paragraph, sentence, clause or phrase of this 0 !— ordinance, ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise W W invalid for any reason, or should any portion of this ordinance be pre-empted by state or federal law or H — regulation, such decision or preemption shall not affect the validity of the remaining portions of this �- ~O ordinance or its application to other persons or circumstances. t.. Z Section 10. Effective Date. This ordinance or a summary thereof shall be published in the FU-- Z official newspaper of the City, and shall take effect and be in full force five (5) days after passage and Z0 ' publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 1998. John W. Rants, Mayor .i ATTEST/AUTHENTICATED: Jane E. Cantu, City Clerk APPROVED AS TO FORM: By Office of the City Attorney FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: 35 Date: 5 -Feb -98 16:26:26 From: NORA (NORA GIERLOF , To: STEVE Subject: Subdivision Ordinance Message -id: 32E8D93401000000 Application -name: MHS I met with Mark Larson, a concerned citizen, today and he had some comments on the Subdivision Ordinance. Most of his comments were minor sylistic and consistency issues (most of the time we both spelled out numbers and then showed the numeral, but we missed a few). He did have two w substantive comments: 1) In the procedures for BSIP they say that review will follow the procedures in 17.12.020 (the short co o plat section) when he thinks that it would be more precise to say 17.12.020 (b) which is the specific J = section on review procedures. Alternately we could just put that section into the BSIP section. �w w0 2) On page 14 item J giving the detailed procedures for subdivisions we seem to have left out the word buffer after the second mention of sensitive areas. He also thinks that items L and N are u. repetitive. CO Z I don't know if you want to bring these up to the Council on Monday. He may either come to the ~ meeting on the 9th or write me a letter with his comments. o Z w w U� 0- O)- wW o. .. Z w O ~ trkn • Z Transportation (see Figure 29: Existing Conditions - Transportation, pg.157.) Design street for speeds of 35 mph The standard design criteria recom- mended for the Pacific Highway section between S. 152 and S. 139 Streets are found in Table 3. Rationale The design criteria for the High- way (lane widths and curb sections, turning lanes, sidewalks and land- scaping, traffic signal spacing and driveway access management) should reflect the multifaceted nature of the street while at the same time serve the goal of reducing traffic speed. Travel lanes should be at a minimum acceptable width so mo- torists do not exceed the preferred speed limit. Auxiliary lanes for right turns should be provided only where required for Capacity. Each intersection should be designed independently, considering the functional class of the cross streets, right-of-way widths available, vehicular and pedestrian activity, and existing and future land uses. The fact that traffic patterns at the intersec- tions will also change as additional intersec- tions are signalized and access to side streets is improved should be taken into consideration in project design. Lower posted speed limit Continue to recommend a posted speed limit of 35 mph along the corridor's commercial core between S. 139 and S. 152 Streets and design the street using 35 mile per hour engineer- ing parameters. Rationale This section of Pacific High- way should have a reduced "urban" speed limit of 35 mph to improve the safety and op- erational characteristics of pe- destrian and vehicular move- ments. The State's own classification of this section of Highway is a "Class 4" with a 35 mile an Dour recommended posted speed. (See Figure 28: WSDOT Class 4 Multi -Lane Facility Design Standard, pg.155. Reducing the posted speed limit from 45 mph to 35 mph between S. 152 and S. 139 Streets would add about 31 seconds to the travel time of 15 percent of the traffic that represents through -trips. Improve intersections and signalization During Pacific Highway reconstruction, install "First Phase" improvements that include signalization improvements at S. 144 and interconnects for traffic controllers at potential future signal installations at S. 140 and S. 148 in the first phase, and S. 150, S. 146 and S. 142nd Streets in the second phase. These "Second Phase and Third Phase" signals will be installed as development occurs and need arises. S. 144 Street Intersection There are several elements to be consid- ered in the redesign of the street at this intersection. Reducing the cycle length - A reduced cycle length would improve the overall level ofser- vice at the intersection, including reduced de- lays for north and southbound left turns. Bulbing the northeast and southwest corners - At the current level of service for worst case, peak hour traffic, continuation of any right turn lane for transit bus queue jumping is not warranted, and bulbing on the opposite corners should be employed to minimize pedestrian crossing distances. Figure 16: Pedestrian Friendly Crosswalks illustrates this concept. Eliminating the right tum lanes on Pacific Highway or installing a curb radius of 25 feet or less - Below is a comparison of the tradeoffs between the two alternative designs. If right tum lanes are maintained, a curb ra- dius of 25 feet or less should be used. Monitor traffic operations for installation of future traffic signals Cross street delays, overall traffic vol - City of Tukwila 73 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 5-27-97 S.L. Original Sponsor: Council Admin. X 6-23-97 S.L. Sponsor's Summary: Following two public hearings, the Planning Commission has forwarded this ordinance update with a recommendation of approval. Council had a public hearing on 7/21/97 and discussed the ordinance at the 8/4/97, 10/27/97 and 12/8/97 COW meetings. 7-14-97 S.L. Forward to COW. 7-21-97 S.L. Fund Source (if known): NA. 8-4-97 S.L. 10-27-97 S.L. 12-8-97 S. 2-9-98 S. a ITEM NO. ••••f*::... : : . .... '... .''.' :. • .... :: ., .......:,..... • . , ... .•:......... .: ....:.... . . . ITEMINFORMATION .: . ... -.. ..... ...: ... - , • .. .. CAS Number: REF: 97-078 Original Agenda Date: 5-27-97 Agenda Item Title: Subdivison Ordinance Update. Original Sponsor: Council Admin. X Timeline: Sponsor's Summary: Following two public hearings, the Planning Commission has forwarded this ordinance update with a recommendation of approval. Council had a public hearing on 7/21/97 and discussed the ordinance at the 8/4/97, 10/27/97 and 12/8/97 COW meetings. Recommendations: Sponsor: Committee: Administration: Planning Commission recommends approval of the ordinance. Forward to COW. Cost Impact (if known): Annual reduction of $1,000 - $2,000 revenues generated from fees. Fund Source (if known): NA. ORD OF COUNCIL ACTION Meeting Date Action 5-27-97 Briefing on proposed changes. 6-23-97 Continue to discuss changes. 7-14-97 7-21-97 Set a date for public hearing Public Hearing held on the ordinance 8-4-97 Discussed policy changes 10-27-97 Discussed policy changes 12-8-97 Final policy decisions made 2-9-98 z = z • w 6 = 0 O 0 w WI F- U) u_ w 0 2 g U- < w z 0 z W uj O C-2 O I— W w Li' 0 1:Ii z • ti) O F - Z Con 211, AGENDA SYN,_ PSIS .::::::.!.:.:::.:::..i::.:,:::•.':!i.:;,!;':::!::A: ,:, , ...;.:,;,',.„';:..:!;::.:..:i.::::i:'...:.:.:..::.,:: ' ' APPENDICES : :::,..:.*::'...••,.• : ' ':' :i::.',..: .:-.::::':. iii: ..... *,,..!..'...:;•:.;:•':.... ' . . Meeting Date Attachments 5-27-97 A - Staff Memorandum 5-27-97 B - Process Flow Charts 5-27-97 C - Draft Subdivision Ordinance 5-27-97 D - Planning Commission Public Hearing Minutes 6-23-97 E - Staff Memorandum 7-14-97 F - Staff Memorandum 7-14-97 G - Clean Version of Ordinance 7-21-97 H - Notice of Public Hearing 8-4-97 I - Staff Memorandum, 8/4/97 10-27-97 J - Staff Memorandum, 10/22/97 12-8-97 K - Staff Memorandum, 12/3/97 . 12-8-97 L - Staff Memorandum, 12/1/97 2-9-98 M - StaffMemorandum 2/2/98 2-9-98 N - Draft Ordinance 1,3"4,1/41:Ca(*Z01,1t140,14•04,14-4,40:413,Wr 40:46.= .0446011411M41 z i• l- z w O 0It w W• I -J )LL Lu o g :73 • < -± a z I-0 z 1- 111 Lu O - 0 1- LL1 U.1 o 1- ; IL 0 Z • (/) —I O 1- z . ..thleen L. Doolin (206) 325-6051, wo, 11828 44th Ave. S., Tukwila, WA 98178 February 9, 1998 Respectfully presented to the Tukwila City Council with regard to land division ordinances. My concern is the inability of the current code to effectively deal with short plats in already developed Z neighborhoods because of the minimum lot size requirement of 6,500 square feet and/or the easement a or right of way not being allowed to be part of the lot square footage. w While the city must develop proper policies and regulations to channel growth within its boundaries, the -J o city must be able to honor each neighborhood's character and present usage in conjunction with an w o individual's property rights and desire to improve their home and neighborhood. Government regulations w = should not be so narrow and inflexible as to prevent the residents from exercising logical development u) u_ u_ plans that are in keeping with a neighborhood's image, that enhance the positive characteristics of the w o neighborhood while at the same time help fulfill the goals of the Tukwila Comprehensive Plan and Wash- 2 ington State's Growth Management Act. u_ i0/000`'-- Ia For example, I have a 15,000 square foot lot, 40 x 250. Simply divided in half each lot would be, of course, 1- w 7,500 square feet. However, because a 20 foot width is required for the right-of-way or easement and z cannot be counted in the lot square footage, each lot then becomes 6,000 square feet, a mere 500 Z o square feet short because of the easement size requirements. For my lot, there is no availability of g D gaining an easement or partial easement on the north, south, or east sides. 0o o-(12 My lot is in Allentown, where there are many many lots under 6,500 square feet. In fact, the lot directly w w across the street from mine is 6,000 square feet. Allentown is a neighborhood which is going through P many positive changes. Most people want to keep the neighborhood as single family homes, however, I o don't feel that the vast majority of the residents would feel threatened by having more smaller Tots. ui U= O I don't believe that short -platting my property is out of keeping with the neighborhood's currant usage. It Z ~ would not be "detrimental to the public welfare or injurious to other property in the vicinity." The property would look the same after the short plat from the street view. It would not impact traffic, two single people have fewer vehicles than a family of four with teenage children generally have. Being able to short plat properties such as mine by either lowering the square footage requirement or by being allowed to count the easement (or 50% of the easement) in the square footage is in keeping with Tukwila's comprehensive plan within an urban growth environment. It also provides people a way to prepare for their retirement and have affordable housing. (If the Comprehensive Plan calls for a mini- mum 5,000 square foot lots for the purpose of providing affordable housing, why shouldn't a person be able to arrange their own affordable housing on a 6,000 square foot lot in a generally mixed use neigh- borhood?) I have worked hard all my life. I enjoy living in Tukwila. I would like to stay in my neighborhood until the day I'm carted off in a pine box. To prepare for my retirement, both monetarily and physically, I need a smaller plot of ground and a new dwelling. Something I could accomplish only by short -platting. I believe that I have a right, as a property owner, to the reasonable use employment of my property through rational and well designed plans to use the property for my economic and future benefit. Thank you for your consideration. /�% Or J Not- 91-rni S b , (nine OfITYN -1-2/0 hvvc16-r vitt me- kro 1,IaO 71. .`:1415.,v.:„? gruMtl';111111.4111111111P110.1111mmeu 1)1'11' '1 .0 .1 ,-1.7.4...Av..1p. • .1r, gm/ Vita/,';') " ' , • Fill • M.SES=P;;M•r,tt 1-1,scriovp- t_0+0 qtaoolfe• lot 2 241-kctia4 frA/Zrie,t 1-Pnvd) S4 -c, z < • z w re 2 C.) 00 co a LLI Ll.1 —J u_ j 0 g -71 < cl I-1-1 Z 0 Z I— LL! 0 (i) 0- 1 uj LI: 0 Z U-1 o 1.,4t 14 ) LJ c r1'h fie • s• 1.-o4 is Ho' Wide, 1iJ NYhti GVn rve¢'rbn Dn 1+m "1 t0 1*- is o v+ ti) YJeiei Olt sire& i' -.mss is 4i-rc64- vi ek) 6� A 61.500 4 SW )v)- 1* .enJd t�-t�' u�•h v�, .NS with -the r61-" t iWit, i 4 , . ....teal..v". ...dodo.:. . ri:'3 AY - &1001 em+ n KO)n rn p tot - witty ot- rp (� &tt") -- o ' .i ° . dam` vir;e1:4P- 14 Z Z ceW J0 O 0 C• LuO J = I— u- w0 LL < =• d � W Z I— 0 Z I— w • W 0 co 0— O F- LU W - O z W U= O H z AFFIDAVIT 0 Notice of Public Hearing O Notice of Public Meeting Board of Adjustment Agenda Packet 0 Board of Appeals Agenda Packet 0 Planning Commission Agenda Packet Short Subdivision Agenda Packet OF DISTRIBUTION hereby declare that: fJ Notice of Application for Shoreline Management Permit 0 Shoreline Management Permit 0 Determination of Non- significance O Mitigated Determination of Nonsignificance 0 Determination of Significance and Scoping Notice 0 Notice of Action 0 Official Notice �, Other 11 [] Other was mailed to each of the following addresses on 3-9-c03 Name of Project (1()D _rirflenr,�+11�t� File Number Lck Offi . aSilLLe;aLa"r:i41;c".srti•'6'e:ttw40:14s'S%iltoi}�kclw�rtiilGlia3i6 Signature ir a42-(1 dAlo4 City of Tukwila John W Rants, Mayor Department of Community Development Steve Lancaster, Director March 3, 1998 Interested Parties: The Tukwila City Council approved the Subdivision Ordinance at their meeting on March 2nd. The nineteen year old ordinance was updated to implement the Comprehensive Plan and update the standards and procedures for subdivision of land. Some of the more significant changes in the update include: • Increasing the threshold for short plats from four Tots to nine. • Streamlining the boundary line adjustment review process. • Eliminating the requirement for Planned Residential Developments on short plats. •••'.- • Adding flexibility to zoning requirements through Binding Site Improvement Plans. • Specifying requirements for complete applications and surveys. If you have any questions or would like a copy of the new ordinance please call me at 433-7141 or stop by the Department of Community Development. Sincerely, ora Gierloff tG Associate Planner •QdfIntce • 't 6 0:0< a`utncent var ap�a: artm nun 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 aaMe..rio�r..ro+vcc.,a,.,�o,xnunw..re�o.��nnm.,»...n�iv:,�,r.r.r+��,r•y,t. ;.,v,...,r:.,..r,:,,,,:,:,.. ,..„.,....:.._.....:.. .... :. �,.,,., ..<. Gary Greer Secure Capital P.O. Box 25127 Seattle, WA 98125 Mike Bower TRIAD ASSOCIATES 15 Oregon Avenue #306 Tacoma, WA 98409 Eligio Fernando Jr. 14239 Macadam Road South Tukwila, WA 98188 4. , Jim Crones 23806 - 190th Avenue S.E. Kent, WA 98042•' Jason Lewis 519 W. Roy Street Seattle, WA 98119 John Rubenkonig Jim Hart & Associates 220 - 6th Street Kirkland, WA 98033 Maury King 4604 - 47th Avenue South Seattle, WA 98119 Roger Walsh 13222 Military Road South Seattle, WA 98168 John Thompson 4815 S. 170th Street Seattle, WA 98188 Robert W. Kenyon American Heritage Homes, Inc. 4840 South 152nd Street Seattle, WA 98188-2346 Michael 'Bergstrom P.O. Box 19614 Seattle, WA 98109 VaPA �{a.Y,•+M..1p z 1- w O 0 (/)• uJo J = W • 0 LLQ co =a I -W z� � o z I - w uj 0 -. o F- LU W ▪ o wz = 0 F - z LORRAINE PARSONS 4646 SO 160TH ST TUKWILA WA 98188 GRACE WRIG, 3 805 S YS ST TU T.tA WA 98188 ":44144 BILL G OSSO , TURTL'A A 98168 DARRYL E DOAK SR 11917 4TH AVE SW SEATTLE WA 98146 STATE FARM INSURANCE CORPORATE LAW DEPT JOHN F HARRIS BLOOMINGTON ILL 61710 DEAN CALDWELL 3232 23RD AVE W SEATTLE WA 98199 MR & MRS TIMOTHEY HOLDASS MR THOMAS PERRI ROBERT MINKLER 4432 SO 148TH ST 13040 38TH AVE S 1701 KENNEWICK AVE NE TUKWILA WA 98168 SEATTLE WA 98168 RENTON WA 98506 RICHARD HOLLY 4216 S 152 ST TUKWILA WA 98188 CHO YOUNG S 144'.2 'e�s,IF U WY S S =' It E' ^A 98168 BRUCE MACVEIGH 14245 59TH AVE S TUKWILA WA 98168 FIDELITY ASSOCIATES 4211 HOLLY LANE MERCER ISLAND WA 98040 CHARLES E BRATCHER 13003 56TH S TUKWILA WA 98178 MR & MRS R LEE 4259 SO 146TH ST TUKWILA WA 98168 TRI -LAND CORPORATION 1325 FOURTH AVE SUITE 1940 SEATTLE WA 98101-2510 DON FARREL 4325 239TH PL KENT WA 98031 BARGHAUSEN ENGINEERS 18215 72ND AVE S KENT WA 98032 JACK D SCOTT 13020 34TH AVE S TUKWILA WA 98168 MR & MRS J ORMISTON 13726 53RD AVE S TUKWILA WA 98168 SEGALE BUSINESS PARK RANDY & KAREN KENT PO BOX 88050 -`-----, A.a,&fl001 : 4830 S 152 TUKWILA WA 98138Vf �� P��,<,11 TUKWILA WA 98188 MICHAEL & SANDRA TAZER 14015 33 PL S TUKWILA WA 98168 TIMOTHY A HOLDAAS 4432 S 148TH ST TUKWILA WA 98168 JAMES JOHNSON 13725 SE 144TH ST RENTON WA 98059 MR NASSER S AHMADNIA 122 NE 158TH ST SEATTLE WA 98155 SCOTT LABEL 4226 S 146TH SEATTLE WA 98168 H TURNER NEWTON CAPITAL & COUNTIES USE, C/O POWELL DEVELOPMENT PO BOX 97070 KIRKLAND WA 98083 MR & MRS CARR -P ELLEFSON, -/ 4617 144TH ST T "ILA WA 98168 JOHN MICHAEL EASTER 4818 S 150TH TUKWILA WA 98188 41, SADLER/BARNARD AND ASSOCIATES INC 31218 PACIFIC HIGHWAY S FEDERAL WAY WA 98003 JOE SINGH 18124 RIVIERA PL SW SEATTLE WA 98166 JEFFERY NAUGHTON 13216 MILITARY RD S SEATTLE WA 98155 ANDERS HOMER LAND SURVEYORS & MAPPING 29601 3RD S FEDERAL WAY WA 98003 BENNET P S & E INC 720 E MAIN AVE PUYALLUP WA 98371 CRAMER NORTHWEST INC 6625 S 0TH 946M Ce.n4-Q,1 SU B-106 14/o'-1 KENT WA 98032 EARTH TECH 720 333RD FEDERAL WAY WA 98003 GANTS LEN SURVEYING & ENGINEERING 3721 S 352ND AUBURN WA 98001 GROUP FOUR INC 16030 JUANITA WOODINVILLE WAY NE BOTHELL WA 98011 HEDGES & ROTH ENGINEERING INC 14450 NE 29TH PL BELLEVUE WA 98007 GERALD W HALBERT 14726 MACADAM RD S TUKWILA WA 98168 HOWARD TURNER 18420 24 PL NE SEATTLE WA 98155 WEN -FAN LIN 13910 PACIFIC HWY S TUKWILA WA 98168 ANDERSON & ASSOCIATES 33310 11TH AVE SW FEDERAL WAY WA 98023 BOYD & ASSOCIATES SURVEYING & MAPPING 13039 6TH AVE S BURIEN WA 98168 CRONES & ASSOCIATES 2380.1'+ • H AVE SE KENT 98042- EASTSIDE CONSULTANTS INC 415 RAINIER BLVD N ISSAQUAH WA 98027 GODDARD & ASSOCIATES 27005 189TH AVE SE KENT WA 98042 HALLIN & ASSOCIATES 31919 1ST AVE S FEDERAL WAY WA 98003 HOLMVIG WASELL & ASSOCIATES 1036 COLE ST ENUMCLAW WA TUKWILA FIRE DEPT 4202 S 115 ST TUKWILA WA 98188 KIM A KIRKPATRICK 12212 43RD AVE S TUKWILA WA 98178-3401 AAROE & ASSOCIATES 16016 AMBAUM BLVD S SEATTLE WA 98148 BASELINE ENGINEERING INC 1910 64TH AVE W TACOMA WA 98466 CENTRE POINTE SURVEYING 31046 22ND AVE S FEDERAL WAY WA 98003 DRYCO SURVEYING & MAPPING INC 31218 PACIFIC HWY S FEDERAL WAY WA 98003 LYLE E FOX 8323 SHAW RD E PUYALLUP WA 98372 GOLDSMITH HUGH G & ASSOCIATES INC 1215 114TH SE BELLEVUE WA 98004 HANSEN SURVEYING 2500 TALBOT CR DR S RENTON WA 98055 HORTON DENNIS & ASSOCIATES 320 2ND AVE S KIRKLAND WA 98033 INCA ENGINEERS INC 11120 NE 2ND BELLEVUE WA 98004 LUND DENNIS L & ASSOCIATES 2220 S 287TH FEDERAL WAY WA 98003 PAC -TECH NGINEERING INC 2601 SiTISUITE 200 TACOMA98409 RINGEL & ASSOCIATES PO BOX 88926 SEATTLE WA 98138 THOMAS LAND SURVEYING 11309 46TH ST E PUYALLUP WA 98372 ALLIANT ENGINEERING & LAND SURVEYING INC 17410 133RD AVE NE WOODINVILLE WA BAIMA & HOLMBERG INC 2009 MINOR E SEATTLE WA 98102 CTS ENGINEERS INC 1412 112TH AVE NE BELLEVUE WA 98004 CHENOWETH & ASSOCIATES INC PS 18130 MIDVALE AVE N SEATTLE WA 98133 CONCEPT ENGINEERING INC 455 RAINIER BV N ISSAQUAH WA 98027 tuy A JDS SURVEYING CO 1189 MCKINLEY ST ENUMCLAW WA MERIWETHER LEACHMAN & ASSOCIATES INC 11800 NE 160TH BOTHELL WA 98011 PATHMAN SURVEYING 1609 S CENTRAL KENT WA 98032 SCHROETER SURVEYORS 846 SW 143RD SEATTLE WA 98166 ADF SURVEYORS 1521 WETMORE AVE EVERETT WA 98201 ARAMAKI BORDEN & ASSO A INC 61 OTHELL WAY BOTH WA 98011 BUXTON K HARRISON PC LEAVITT BLDG BELLEVUE WA CAMBERN R M 1016 NW 167TH SEATTLE WA 98177 "CHIC" LAND SURVEYING CO 103 NORTH BEND BV N NORTH BEND WA D R STRONG CONSULTING ENGINEERS INC 10604 NE 38TH PL SUITE KIRKLAND WA 98033 LEROY SURVEYORS & ENGINEERS INC 8323 SHAW RD E PUYALLUP WA 98372 OLYER CIVIL ENGINEER & LAND AS C ATION INC 2518TH RE 1c', A 98056 RICHARD CAROTHERS ASSOCIATES 705 9TH TACOMA WA 98405 TCA INC 409 3RD AVE S KENT WA 98032 AFM INDUSTRIES INC 3924 204TH SW LYNNWOOD WA 98036 AZIZ ENGINEERING NW 16310 ME 85TH REDMOND WA 98052 C & C ENGINEERS INC 7339 40TH NE SEATTLE WA 98115 CHADWICK SURVEYING & ENGINEERING 4011 STONE WY N SEATTLE WA 98103 CHS ENGINEERS INC 12507 BEL -RED RD SUITE 101 BELLEVUE WA 98005 DODDS ENGINEERS INC 4205 148TH AVE NE BELLEVUE WA 98007 •,a"',at., j" V.7411r "...rMi;..'.r,'y�`shK;`ve'�:'h'�•f-rry'r :?j;;}'tiy?c;,it,i. �+ H' j` !M1,1.-"21: i7t�s.+tt'ljifrkt '1,,s•, ME -177,177411'R 177.711 re .1s,. +. •..:lw �!' •.,tb:att:�.l'..:�' "�J` ...S '.4Y.. 1,s.(:. .. L+:r .,.:�i,✓.5�• ;y;�.� .•,�Y' . DOWL ENGINEERS 8320 154TH AVE NE REDMOND WA 98052 EXACTA SURVEYING SERVICE 12304 31ST NE SEATTLE WA 98125 HAMMOND COLLIER & WADE- LIVINGSTONE ASSOCIATES 4010 STONE WY N SUITE 300 SEATTLE WA 98103 HARSTAD CONSULTANTS 2024 W LAKE SAMMAMISH PKWY NE REDMOND WA 98052 JIM HART PROFESSIONAL LAND SURVEYOR 220 6TH ST KIRKLAND WA 98033 KENNEDY GR UP CONSULTAN,� INC 28"0 �' L SE 1'1:03 ER ISLAND WA 98053 LIN & ASSOCIATES INC 999 3RD SEATTLE WA 98104 MEAD GILMAN & ASSOCIATES 17625 130TH AVE NE UNIT 104 WOODINVILLE WA MULLEN ASSOCIATES SURVEYORS 11717 SE 157TH RENTON WA 98058 OLSON N L & ASSOCIATES INC 2453 BETHEL AVE PORT ORCHARD WA DRYCO SURVEYING &-'" MAPPING 31218 PACIFIC HWY S PEF(AL WAY WA 98003 FLOYD W HANCOCK 10007 GREENWOOD N SEATTLE WA 98133 HEENEY'S SURVEYING MONUMENTS A Oa 19 a 5 AJ NE 232a2 32ND AVE—W LY-NNW60D WA 9-8434. Lease►-ke- e, 158 JOMES BASSI & ASSOCIATES 7834 SE 32ND MERCER ISLAND WA LAND SURVEYORS ASSOCIATION OF WASHINGTON 424 205TH AVE NE REDMOND WA 98053 LOVELL-SAUERLAND & ASSOCIATES INC 19400 33RD AVE W LYNNWOOD WA 98036 MILLER JOHN HERBERT 1412 25TH E SEATTLE WA 98112 NORTHSHORE LAND SURVEYING 19706 80TH AVE NE BOTHELL WA 98011 OTAK INC 620 KIRKLAND WY SUITE 100 KIRKLAND WA 98033 DUANE HARTMAN & ASSOCIATES INC 16928 WOODINVILLE REDMOND RD NE SUITE B- 209 WOODINVILLE WA GANTZ LEN SURVEYING & ENGINEERING 3721 S 352ND AUBURN WA 98001 TIM HANSEN & ASSOCIATES 6025 108TH AVE NE KIRKLAND WA 98033 INCA NGI '- INC 1 2 BLVD � S E WA 98004 KEGEL & ASSOCIATES INC 9800 EVERGREEN WY EVERETT WA 98204 LANDMARK INC 1130 140TH AVE NE BELLEVUE WA 98005 MARSHALL M W 7834 SE 32ND MERCER ISLAND WA MUGGY GLEN E & ASSOCIATES 1218 150TH SE BELLEVUE WA 98007 O'HARE JEROLD D PLS 29911 131ST AVE SW VASHON ISLAND WA OYLER CIVIL E GINEER & LAN' URV 25 4 L�TJi 8TH R '` 4 ON WA 98056 7,FsiG,101.VI.,'iy ". �is'1VOtt27777,77777.a PENHALLEGON ASSOCIATES CONSULTING ENGINEERS INC/PACE 750 6TH ST S KIRKLAND WA 98033 PETRE & ASSOCIATES 2906 243RD SE ISSAQUAH WA 98027 PUGET LAND SURVEYS INC 14223 NE 66TH REDMOND WA 98052 REID MIDDLETON INC SAJAN INC MBE SCANDIA PLANNERS & 19031 33RD AVE W 2150 N 107TH SURVEYORS LYNNWOOD WA 98036 SEATTLE WA 98133 1919 N PEARL SUITE B-1 TACOMA WA 98406 TRIAD ASSOCIATES 11814 115TH AVE NE KIRKLAND WA 98034 WHITLEY-JACOBSEN & ASSOCIATES/WJA PS 1218 3RD AVE SUITE 306 SEATTLE WA 98101 WESTERN SURVEYORS INC 13000 HWY 99 S EVERETT WA 98204 WHITE SHIELD INC 515 116TH AVE NE BELLEVUE WA 98004 C-6-6,144&/ Tukwila. City Council Agenda John W. Rants, Mayor John McFarland, City Administrator Pamela Linder, Council President Councilmenibers: Pam Carter • Joe Duffle Dave Fenton • Jim Haggerton Joan Hernandez • Steve Mullet COMMITTEE OF THE WHOLE February 9, 1998 6:45 p.m. Tukwila City Hall Council Chambers PLEASE NOTE: EXECUTIVE SESSION - 6:45 - 7:00 pm - Pending litigation 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. CITIZEN'S At this time, you are invited to comment on items that are not included on COMMENTS this agenda. 4. SPECIAL ISSUES REPORTS a. Pacific Highway draft Revitalization Plan (bring your Pacific Highway book). PG 3 Q 4fr' PSO�5 b. Review of subdivision ordinance. PG 17 c. Review of senior housing comprehensive -plan amendments (bring your amendment notebook fr n March, 1997). P ' 3 a. Mayor Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 6. MISCELLANEOUS 7. EXECUTIVE SESSION 8. ADJOURNMENT The City of Tukwila strives to accommodate people with disabilities. Please contact the City Clerk's Office by noon on Monday if we can be of assistance. z �z � w JU O 0 0 w= w • 0 �a =• d 1-•w Z= Z0 • w U � o SP- O H ww w z w U= o I- z A HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular Meetings - The Mayor, elected by the people to a four-year term, presides at all Regular Council Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings - Council members are elected for a four-year term. The Council President is elected by the Council members to preside at all Committee of the Whole meetings for a one-year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during CITIZENS COMMENTS. Please limit your comments to five minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed, the Council may discuss the issue among themselves without further public testimony. Council action may be taken at this time or postponed to another date. City of Tukwila la John W. Rants, Mayor Department of Community Development Steve Lancaster, Director MEMORANDUM TO: Tukwila City Council FROM: Steve Lancaster, DCD Director RE: Subdivision Ordinance Policy Issues DATE: January 2, 1998 The Council completed its review of the larger Subdivision Ordinance policy issues at the December 8th COW meeting after a public hearing and three work sessions. The draft ordinance in the packet reflects the Council's decisions as strikeouts and underlines on the Planning Commission recommended draft. The next steps in the process are a final review of the ordinance and then adoption. D -c A` I` C, n -/U0 avn /'1 I t ot") 0_0,`�^�A^e.,\A— 4-0 �JE'r 'r'7 c v''\ �%' fNew\ wk.) i. vc O vJ S vn i '4-- fv t2" 1 D Attachment M 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3655 +�#t{'i?,;it ails1U' is f 1/15/98 DRAFT City Council changes to the Planning Commission recommended draft are shown as strikeouts or underlines Explanations given in shaded boxes are not part of the text Line in the left margin indicates a change in the text from the current ordinance Title 17 SUBDIVISIONS AND PLATS Chapters: 17.04 General Provisions. 117.08 Boundary Line Adjustments and Lot Consolidations. 17.12 Detailed Procedures for Short Subdivisions. 17.14 Detailed Procedures for Subdivisions. 17.16 Detailed Procedures for Binding Site Improvement Plan. 117.20 Design and Improvement Standards for the Subdivision of Land. 17.24 Procedures for Public Improvements. 17.28 Exceptions, Penalties, Severability, Liability. Chapter 17.04 GENERAL PROVISIONS Sections: 17.04.010 Title. 17.04.020 Purpose. 117.04.030 Scope, Exemptions. 17.04.040 Definitions. 17.04.050 Dedications. 17.04.060 Survey Content. 17.04.070 Notification of other agencies. 17.04.010 Title. This code shall be known as the "City of Tukwila Subdivision Code." 17.04.020 Purpose. The purpose of this code is to provide rules, regulations, requirements, and standards for subdividing land in the City, insuring that the public health, safety, general welfare, and aesthetics of the City shall be promoted and protected; that orderly growth, development, and the conservation, protection and proper use of land shall be insured; that the character of the developing area is safeguarded and promoted; that proper provisions for all public facilities 1 Attachment N including circulation, utilities, open space, and services shall be made; and that the goals and policies of the Tukwila Comprehensive Plan are furthered through the subdivision of land. 17.04.030 Scope, Exemptions. 1(a) The subdivision of land within the City of Tukwila shall comply with Chapter 58.17 RCW. (b) Where this code imposes greater restrictions or higher standards upon the development of land than other laws, ordinances or restrictive covenants, the provisions of this code shall prevail. (c) Exceptions: This ordinance shall not apply to divisions and activities described as inapplicable in RCW 58.17.040; PROVIDED THAT, boundary line adjustments and lot consolidations are subject to the provisions contained in Chapter 17.08; PROVIDED FURTHER THAT binding site improvement plans are subject to the provisions contained in Chapter 17.16. 17.04.040 Definitions. The definitions of the zoning code, Chapter 18.06, are hereby adopted by reference. T i at�ons... a b d . :.. .:....:. dtcvnsis'tecies>::<:::'he :'> ..:......:...comb enc f � th s�;:::>:<:> 117.04.050 Dedications. (a) Act of dedication: The intention to dedicate real property to the public shall be evidenced by showing the dedication on the plat prepared for approval. All dedications, including easements, rights-of-way and real property shall be clearly and precisely indicated on the face of the plat. Unless specifically noted otherwise on the plat, approval of the plat for recording shall constitute acceptance of the dedications. (b) Public streets: All streets and parcels of land shown on the final plat and intended for public use shall be offered for dedication for public use, except the approving entity may allow the conveyance of certain public improvements to be conveyed to a homeowner's association or similar non-profit corporation. (c) Certificate: If the subdivision includes a dedication, the final plat shall include a certificate of dedication or reference to a separate written instrument which dedicates all required streets and other areas to the public. The certificate or instrument of dedication shall be signed and acknowledged before a notary public by every person having any ownership interest in the lands divided and recorded as part of the final plat. 2 (d) Title Report: Every proposed final plat containing a dedication must be accompanied by a title report confirming that the title of the lands as described and shown on the plat is in the name of the owners signing the certificate of dedication. 117.04.060 Survey Content. :::nCdar �S"> . N�ew'sectiontodenti ..'siarv:e�:�$tart .,...:::.: Whenever a survey is submitted for a short plat or subdivision, the following information shall be included: (a) The name of the plat, City of Tukwila file number, graphic scale and north arrow. The survey shall be done to a scale of one (1) inch equals one hundred (100) feet unless otherwise approved by DCD, and shall be drawn with black drawing ink on eighteen (18) inch by twenty four 24 inch mvlar sheets. 1(b) Existing features such as rivers, streets, railroads and structures. (c) The lines and names of all existing or platted streets or other public ways, parks, playgrounds, and easements adjacent to the final plat, subdivision or dedication, including municipal boundaries, township lines, and section lines. (d) In the event the plat constitutes a replat, the Tots, blocks, streets, etc., of the previous plat shall be shown by dotted lines in their proper positions in relation to the new arrangement of the plat, the new plat being shown in solid lines so as to avoid ambiguity. 1(e) Legal description of the subdivision boundaries. (f) A complete survey of the section or sections in which the plat or replat is located, if necessary, including: (1) All stakes, monuments or other evidence found on the ground and used to determine the boundaries of the subdivision. Location and monuments found or reset with respect to any established centerline of streets adjacent to or within the proposed subdivision. All other monuments found or established in making the survey of this subdivision or required to be installed by provisions of this title. 1(2) City or County boundary lines when crossing or adjacent to the subdivision. 1(3) The location and width of streets and easements intersecting the boundary of the tract. (4) Tract, block and lot boundary lines and street rights-of-way and centerlines, with dimensions, bearings, radii, arcs and central angles, points of curvature and tangent bearings. Tract boundaries, lot boundaries and street bearings shall be shown to the '!+?J..e..iMr..k.YY1T!Z,iKD;T?hnl�shm'.k•.prK.:R tts;^eu+�rtd • ,rffor cy ms 3 ^�'L+12'"`C:3+•C<t�it�tro:^:•"^'•�.vKr1:c�s,: n.ry.n.ia. 4. nearest second with basis of bearings. All distances shall be shown to the nearest one- hundredth foot. 1(5) The width and location of existing and proposed easements and rights-of-way. (g) Lot and block numbers beginning with the number one (1) and numbered consecutively without omission or duplication. (h) Tracts to be dedicated to any public or private purpose shall be distinguished from lots intended for general development with notes stating their purpose and any limitations. 1(i) The plat shall include the following statements: (1) A statement to be signed by the Public Works Director approving the survey data, the layout of the streets, alleys and other rights-of-way, design of bridges, sewage and water systems, drainage systems and other structures. (2) A certificate bearing the printed names of all persons having an interest in the subdivided land, signed by the persons and acknowledged by them before a notary public, consenting to the subdivision of the land and reciting a dedication by them of all land shown on the plat to be dedicated for public uses, and a waiver by them and their successors of all claims for damages against any governmental authority arising from the construction and maintenance of public facilities and public property within the subdivision. (3) A certificate with the seal of and signature of the surveyor responsible for the survey and final plat with the following statement: "1, , registered as a land surveyor by the State of Washington, certify that this plat is based on an actual survey of the land described herein, conducted by me or under my supervision; that the distances, courses and angles are shown thereon correctly; and that monuments other than those monuments approved for setting at a later date, have been set and lot corners staked on the ground as depicted on the plat? (4) Certification from the King County Treasurer that all taxes and assessments for which the property may be liable have been duly paid, satisfied or discharged as of the date of certification. 1(5) Certification of examination and approval by the County Assessor. j (6) Recording Certificate for completion by the King County Department of Records and I Elections. (7) Certification of Examination and Approval by the Seattle - King County Health Department when the lot(s) are served by septic system(s). 4 !?�'N tar • i. e n y. ; • 3. R5 �e.;kK.;.'nynynYx'G'(t^,..�,�:tpc.,art:.��.•sfy+`y�yCircti'`$:!�.L^`+y�:�,r,;ilE:-�:' y?r;Ct{rr'•f.'NYr,;(':�54M.1r}ut",'.''."l:;rt¢.x �ny�ywR.at1 (8) City of Tukwila Finance Director Certificate that states there are no delinquent special assessments, and that all special assessments on any of the property that is dedicated as streets, alleys or for other public use are paid in full at the date of certification. 1(9) Certification by the Public Works Director that the subdivider has complied with one of the following: (A) All improvements have been installed in accordance with the requirements of this title and with the preliminary plat approval, and that original and reproducible mylar or electronic records in a format approved Public Works and meeting current Public Works drawing standards for road, utility and drainage construction plans certified by the designing engineer as being "as constructed" have been submitted for city records. (B) An agreement and bond or other financial security have been executed in accordance with Section 17.24.030 of this title sufficient to assure completion of required improvements and construction plans. 1(10) Certificate of dedication pursuant to TMC 17.04.050(d). (11) For short plats, binding site improvement plans and boundary line adjustments, a certificate of approval to be signed by the DCD Director, Public Works Director and Fire Chief. 1(12) For subdivisions, a certificate of approval to be signed by the Mayor and City Clerk. 17.04.070 Notification of other agencies. Notice of the filing of a preliminary plat within 1,000 feet of the municipal boundaries, or which contemplates the use of special use districts or other city's or town's utilities, shall be given to the appropriate special districts, county, city or town authorities. Notice of the filing of a preliminary plat located adjacent to the right-of-way of a State highway shall be given to the State Department of Highways. In addition, notice of all preliminary plats shall be submitted to the appropriate school district. All such notices shall include the hour, location, and purpose of the hearing and a description of the property to be platted. Chapter 17.08 BOUNDARY LINE ADJUSTMENTS AND LOT CONSOLIDATIONS ;,::.:: for :. ess r erev.iev<,:�ro.c. p:.::::::.:::.:::.�:.:>:.:: >.5rov>:<;l ;;::>:r>:<Cess> < • : r ' <' ` `>'< <> ' > '«<''> >` <> Sections: 17.08.010 Purpose. ::;:::, cr; .tai an fe tern .. d 5 17.08.020 Scope. 17.08.030 Preliminary Approval. 17.08.040 Recording. 17.08.050 Expiration. 117.08.010 Purpose. z ~w It is the intent to provide an efficient and timely process that allows consistent review; to ensure 6 D such actions do not create non -conformities with zoning and other city regulations; to provide a -J o permanent record of boundary line adjustments and lot consolidations; and to ensure appropriate co o provisions are made for access and utility easements; in a manner consistent with RCW Ili = 58.17.040(6). N u. w0 2 u_Q This chapter applies to all boundary line adjustments and lot consolidations which are otherwise u) a exempt from subdivision regulations (58.17.040(6) RCW). = w F- _ zi.- 1— 0 Z i- LLI in quantities specified by DCD, and meet the criteria for approval. 2 1 0 In order to receive preliminary approval, the applicant must submit to DCD a complete application, • o o - o I- =iu 1- I L.1-' (1) A completed application on a form provided by the Department of Community z w Development and fee as identified in Chapter 18.88 TMC. 117.08.020 Scope. 117.08.030 Preliminary Approval. 1(a) A complete application consists of the following: U= H o (2) A neat and readable plan drawn to a standard decimal (engineer) scale. A survey z may be required if it is determined that level of information is needed to ensure the adjustment meets the approval criteria. The plan shall show the following information: (A) Property lines, with those that remain in their existing location shown as a solid line, those that are being moved or removed shown as a dashed line, and those that have been relocated shown as a solid line and clearly identified as a relocated line. (B) Dimensions of all property lines and area of the lots, before and after the adjustment. (C) Location and floor area of all structures on the site, and their setbacks from existing and new property lines. (D) Location and purpose of all easements on the site. 6 3Lt 'r'i%"Ra'!'.,irn�g.Narfi't�etr:rrmem.*'.a n 5'4a011:Nfv.%.,VVO• SM!Ttil/P`s,lfr(n,•s.. r+imtintn:•Ynr`^:ro..m,.,..i,...� :rat �,:•.,�..,,t4:,k (E) Location, purpose and legal description of any new or extended easements proposed. (F) Location of adjacent public roads and points of access from the public road(s) if a lot does not front on a public road, show how and where access is provided. (G) Location of existing utilities and utility easements. (H) Calculations which demonstrate that required yards of the Uniform Building Code are met. (3) Before and after legal description of the affected lots. 1(b) In order to approve a boundary line adjustment or lot consolidation, the Short Subdivision Committee shall determine the project complies with the following criteria: his an ,exempt activity in RC :apprayal cnterra are necessarily cmited, inscope (1) No additional lots, sites, parcels, tracts or divisions are created. (2) The adjustment will not create non -conforming Tots with respect to zoning dimension and area standards, zoning setbacks and lot area coverage standards. (3) The degree of non-conformance on existing non -conforming lots with respect to zoning dimension and area standards, zoning setbacks and floor area ratio are not increased. (4) All lots have legal access to a public road. Existing required private access road improvements and easements are not diminished below subdivision ordinance standards for lots that are served by a private access road. (5) Existing easements for utilities are appropriate for their intended function, or they are extended, moved or otherwise altered to an appropriate location. (6) The adjustment does not create any non -conformities with respect to the Uniform Building Code or any other locally administered regulation. 117.08.040 Recording. ew section:>tocIanfy.:recor.dmq:proce 7 X7.15. .rw,avi+ M:Mn.+it+�trr•t^rnr;•rWW,.. n• (After preliminary approval has been granted, an application for final approval shall be submitted to DCD for final review. (a) A complete final application shall consist of the documents required for recording including: (1) Drawing or survey of the boundary line adjustment. (2) Before and after legal descriptions of the affected lots. (3) Affidavit of ownership. (4) Application on a form provided by the Department of Community Development. (5) Other documentation necessary to demonstrate the conditions of the approval have been met. (b) Upon receiving approval from the City, the applicant will be responsible for picking up the documents from DCD and recording them with King County Office of Records. A copy of the recorded documents must be retumed to DCD to finalize the approval process. The adjustment shall not be deemed complete until the City receives these documents. 117.08.050 Expiration The boundary line adjustment application shall expire if it has not been recorded within one year from the date of approval. Upon written request from the applicant prior to the expiration date, the Short Subdivision Committee is authorized to grant one extension, not to exceed six months. Chapter 17.12 DETAILED PROCEDURES FOR SHORT SUBDIVISIONS Sections: 17.12.010 Scope. 17.12.020 Preliminary Short Plat Approval. 17.12.030 Final Short Plat Approval. 17.12.040 Expiration. 17.12.050 Limitations on further subdivision. 17.12.060 Contiguous Short Plats (Applications for short plat approval shall be processed as a Type 2 decision, subject to the provisions of TMC 18.108.020. 17.12.010 Scope. Any land being divided into nine (9) or fewer parcels, Tots, tracts or sites for the purpose of sale, lease, or gift, any one of which is less than twenty 20 acres in size, shall meet the requirements of this section. 8 F:u��+rmr 1 117.12.020 Preliminary Short Plat Approval. (a) Application/Fees: The following items are required, in quantities specified by DCD, for a complete Short Plat application for preliminary approval. Items may be waived if in the judgment of the Short Subdivision Committee they are not applicable to the proposal: 1(1) Items contained in TMC 18.104.060. 1(2) Completed Preliminary Short Plat Application Form as prescribed by the DCD Director with fee as identified in Chapter 18.88 TMC. 1(3) Completed Application Checklist. 1(4) A complete SEPA Checklist application if project is not exempt from SEPA. 1(5) Complete applications for other required land use approvals. 1(6) A vicinity map showing location of the site. 1(7) A survey prepared to the standards identified in TMC 17.04.060. 1(8) Site and development plans which provide the following information: (A) The owners of adjacent land and the names of any adjacent subdivisions. (B) Lines marking the boundaries of the existing lot(s) (any existing lot to be eliminated should be a dashed line and so noted). (C) Locations of existing and proposed public street rights-of-way and easements and private access easements. (D) Location, floor area and setbacks of all existing structures on the site. (E) Lot area, lot line dimensions and average widths for each lot. (F) Location of proposed new property lines and numbering of each lot. (G) Location, dimension and purpose of existing and proposed easements. Provide recorded documents which identify the nature and extent of existing easements. (H) Location of any proposed dedications. (I) Existing and proposed topography at two (2) foot contour intervals, extending to five (5) feet beyond the project boundaries. (J) Location of any sensitive areas and sensitive area buffers (slopes twenty percent (20%) or greater, wetlands or watercourses) on the site. (K) Location, size and species of any trees located within a sensitive area or its' buffer or the shoreline zone unless none of these trees are to be removed and their location is not likely to create undue hardship on individual lots with respect to the tree ordinance (Chapter 18.54 TMC). (L) Location of existing and/or proposed fire hydrants to serve the project. • 9 . S:�!`'FFM¢SRgRT!'9�C7�e'a'�??:A?k7Mg1E!!�(!Liiar{!4;�iW'„�+�,.':'�wr;mM++;rr.K:�roa«rw'�.,...Ta.»,•�.,,,Y».�.M,...,,.....�.vr,..,.�..... 3 ...eena.r+a:,vMearne. (M) Description, location and size of existing and proposed utilities, storm drainage facilities and roads to serve the Tots. (N) Expected location of new buildings and driveways, including finished floor elevations of the buildings. (9) Letter of water and sewer availability if the provider is other than the City of • Tukwila. I(b) Review procedures. (1) Referral to Other Departments: Upon receipt of an application for a short subdivision, the Department of Community Development shall transmit one copy of the application to each member of the Short Subdivision Committee, and one copy to any department or agency deemed necessary. and the Fire Chief, or th (32) Short Subdivision Committee Decision: The Short Subdivision Committee may approve, approve with modifications, or deny the application for a short subdivision pursuant to Type 2 permit procedures. No formal meeting of the Committee is required so long as the Chair obtains the recommendations and consent of the other members of the Committee before issuing a decision. (c) Criteria for Preliminary Short Plat Approval: The Short Subdivision Committee shall base its decision on an application on the following criteria: 1(1) The proposed Short Plat is in conformance with the Tukwila Comprehensive Plan, and any other such adopted plans. (2) Appropriate provisions have been made for water, storm drainage, erosion control and sanitary sewage disposal for the short plat which are consistent with current standards and plans. (3) Appropriate provisions have been made for road, utilities and other improvements which are consistent with current standards and plans. 1(4) Appropriate provisions have been made for dedications, easements and reservations. 10 r. ?! (5) The design, shape and orientation of the proposed Tots are appropriate to the proposed use for which the Tots are intended and are compatible with the area in which they are located. 1(6) Appropriate provisions for the maintenance of commonly owned private facilities have been made. 1(7) The short plat complies with the relevant requirements of the Tukwila Subdivision Ordinance. (8) The short plat complies with the requirements of the Tukwila Zoning Ordinance and other relevant local regulations. 117.12.030 Short Plat Final Approval :'.• •::; y;'�'isi:.i.:�.;;::.�:.ist�:;:t;%;ry.:{:.:m;i;y�•iirj.::•}:;:`ir:i+%4ix:Gii:;?:•i:;:;4!Sj;•:'•i:^};::.}`yi :v;ii{�:ii:: iii: ii: •:::: ;:•:'::;v. �:::: :� ti:'•:'.. rocess ;#hat'>:�s:jntended<>::#o:redu.ce specifying;•consolidat ng< the<submittal'air d a: :.ro al rocess'es li<<U c„ systeii subm ttals for final a royal,are often �r com fete; and;;;delivered::: .:. :.. r•.r,..{:.}• •:;�... .:.:. :.:. :. }:: :..:}a..•.,,,.,. _.: .:: .. ::•.�.:.::.,:::: {:::,':: :.•;.: 'v: .::: .::. �: .. :.: ;.' :.. :.:y,..4: :.. •. �, a'.: iii::i:'ry :Y::iii•.::ii:n..i': : i:::::.......::: epartmentwhtch results>tn confusion on the. •part: of the applicant and the £i1 niU$10n:: dy. rrett. the :urrong' (a) Application: The following items are required, in quantities specified by DCD, for a complete application for final short plat approval. Items may be waived if in the judgment of the Short Subdivision Committee said items are not applicable to the particular proposal: 1(1) Completed Short Plat Final Approval Form. 1(2) Completed Application Checklist. (3) Documentation of the square footage of each lot and mathematical boundary closure of the subdivision, of each lot and block, of street centerlines, showing the error of closure, if any. (4) A final survey which complies with the standards set forth in TMC 17.04.060 and with all certificates signed except for those to be signed by the City and those to be signed at recording. 1(5) A title insurance report confirming that the title of the land in the proposed subdivision is vested in the name of the owners whose signatures appear on the plat's certificate. (6) A bond in a form acceptable to the City Attomey pursuant to TMC 17.24.030 if improvements are to be deferred. 1(7) Legal descriptions of all the tracts located within the boundaries of the short plat. (8) As -built plans for all new roads and utilities. ld,L N&S,�1y'kl N•'k:C.M0.1'.t W4a 041.t 45: EP 11 ��4 :r hr !���:" tc;;s;:a:rf.'�*,xeyvt`7':gr�, :S rA•.^�y..P: YkSrar�t •� xt'� (9) Binding maintenance agreements to provide for the maintenance of commonly owned private facilities. (10) Signatures on the following certificates on the face of the plat (when appropriate) from the surveyor that prepared the plat, the King County Treasurer, Seattle -King County Health Department, City of Tukwila Finance Director, Owners affidavit and certificate of dedication as identified in TMC 17.04.060(1). 1(b) Final Approval Review Procedures: (1) The Short Subdivision Committee may grant final approval of the short subdivision when they find the criteria listed in subsection "c" below have been met. No formal meeting of the Committee is required so long as the Chair obtains the recommendations and consent of the other members of the Committee before issuing a decision. (2) Upon final approval of the short plat, the applicant shall record the plat and all other relevant documents with the King County Department of Records and Elections. The subdivider is responsible for paying the recording fee(s). Upon completion of recording, the applicant shall provide DCD with a copy of the recorded documents. The short plat shall not be considered final until these documents have been provided to DCD. (c) Criteria for Approval: To grant final approval of a short plat, the Short Subdivision Committee must determine that it meets the following decision criteria: (1) All requirements for short plats as set forth in the Subdivision Code are met. (2) All terms of the preliminary short plat approval have been met. (3) The requirements of Chapter 58.17 RCW, other applicable state laws, and any other applicable City ordinances have been met. (4) All required improvements have been installed in accordance with City standards or an improvement agreement with financial guarantee pursuant to TMC 17.24.030 has been entered into by the applicant and accepted by the City. (5) That the plat is technically correct and accurate as certified by the land surveyor responsible for the plat. 17.12.040 Expiration period. compfefee:`tie' processon'tr `ort'plas If the short plat is not recorded within one (1) year of the date of preliminary short plat approval, the short plat shall become null and void. Upon written request by the subdivider prior to the expiration date, the Short Subdivision Committee may grant one extension of not more than one (1) year. tutR: ny/pt?+1!'M->w1•raurl^.•trr.r»:.ftY. 12 :p.rt..,.tl...ri!vi�l .... lfi5.•,'rlx�i��l., rw)>f$a"r;.i�. 33 17.12.050 Limitations on further subdivision. 'The change below is to achieve<cansistency with state law The existing .more: resfrctY;ethan#hie: sgafe iaw nor resubdivision (RCN: 68;17,060):: .:.:..: aria e.IS. Any land subdivided under the requirements of this chapter shall not be further divided for a period of five years without following the procedures for subdivision, except when the short plat contains fewer Tots than allowed for a short plat, in which case an additional short plat may be approved if the total number of lots within the boundaries of the original short plat does not exceed nine (9). 117.12.060 Contiguous Short Plats No application for a short plat shall be approved if the land being divided is held in common ownership with a contiguous parcel which has been divided in a short plat within the preceding five years and the total number of lots created in both short plats would exceed nine. When the total number of lots exceeds four but is less than ten, the paving, curb, gutter and sidewalk shall be provided per TMC 17.20.030(c)(6)(C). Chapter 17.14 DETAILED PROCEDURES FOR SUBDIVISIONS Sections: 17.14.010 Scope. 17.14.020 Preliminary plat. 17.14.030 Final plat. 17.14.040 Expiration. 17.14.050 Phasing. 17.14.010 Scope. Any land being divided into ten (10) or more parcels, lots, tracts or sites, for the purpose of sale or gift, any one of which is less than twenty (20) acres in size, or any land which has been divided under the short subdivision procedures within five years and is not eligible for further short platting pursuant to Section 17.12.100 shall conform to the procedures and requirements of this section. 117.14.020 Preliminary plat. Applications for preliminary plat approval shall be processed as Type 5 decision subject to the provisions of TMC 18.108.050. 13 :ahu,aweK+tA+,r4in:�:upaw (a) Application: The following items are required, in quantities specified by DCD, for a complete application for preliminary short plat approval. Items may be waived if in the judgment of the DCD Director the items are not applicable to the particular proposal: 1(1) Completed Preliminary Plat Application Form and fee as identified in Chapter 18.88 TMC. 1(2) Completed Application Checklist. 1(3) A complete SEPA Checklist application if project is not exempt from SEPA. 1(4) Complete applications for other required land use approvals. 1(5) A vicinity map showing location of the site. 1(6) A survey prepared to the standards identified in TMC 17.04.060. 1(7) All existing conditions shall be delineated. Site and development plans shall provide the following information: (A) Owners of adjacent land and the names of any adjacent subdivisions. (B) Lines marking the boundaries of the existing lot(s) (any existing lot to be eliminated should be a dashed line and so noted). (C) Approximate names, locations, widths and dimensions of existing and proposed, public street rights-of-way and easements and private access easements, parks and other open spaces, reservations, and utilities. (D) Location, floor area and setbacks of all existing structures on the site. (E) Lot area, dimensions and average widths for each lot. (F) Location of proposed new property lines and numbering of each lot. (G) Location, dimension and purpose of existing and proposed easements. Provide recorded documents which identify the nature and extent of existing easements. (H) Location of any proposed dedications. (I) Existing and proposed topography at two foot contour intervals extending to five feet beyond project boundaries. u (J) Location of any sensitive areas and sensitive areaeasIope�s twenty percent (20%) or greater, wetlands or watercourses) on the site. (K) Location, size and species of any trees located within a sensitive area or its buffer or the shoreline zone unless none of these trees are to be removed and their location is not likely to create undue hardship on individual Tots with respect to the tree ordinance (Chapter 18.54 TMC). (L) Source of water supply, method of sewage disposal, and manner of surface runoff control. (M) Location of existing and proposed fire hydrants to serve the project. (N) Description, location and size of existing and proposed utilities, storm drainage facilities and roads to serve the Tots. 14 z 1— ~w ce JU O 0 U0 J = LL w0 ga =• a �.w z� z° w w U� O �' O I - W W �-o .z Cu U= ol- z (0) (P) A survey of existing trees and vegetation with a retention/removal plan for the preservation of significant trees and vegetation. Expected location of new buildings, their driveways and finished floor elevations. 1(8) Letter of water and sewer availability if the provider is other than the City of Tukwila. (9) King County Assessor's maps which shows the location of each property within five hundred (500) feet of the subdivision; three sets of mailing labels for all property owners and tenants (residents or businesses) within five hundred (500) feet of the subdivision. 1(10) Items required by TMC 18.104.060 not already listed above. (b) Review Procedures: (1) Referral to Other Offices: Upon receipt of a complete preliminary plat application, the Department of Community Development shall transmit a notice of application and one copy of the preliminary plat to each of the following offices, where appropriate: Public Works, Building Division, Fire Department, Police Department, King County Health Department, the appropriate school district, and each public utility agency serving the area in which the property proposed for subdivision is located. (2) Public Notice and Public Hearing: The process for public notice, hearings, decisions and appeals shall be as provided for Type 5 decisions as identified in Title 18. (c) Criteria for Preliminary Plat Approval: The City Council shall base its decision on an application for preliminary plat approval on the following criteria: (1) The proposed subdivision is in conformance with the Tukwila Comprehensive Plan and any other City adopted plans. (2) Appropriate provisions have been made for water, storm drainage, erosion control and sanitary sewage disposal for the subdivision which are consistent with current standards and plans. (3) Appropriate provisions have been made for road, utilities and other improvements which are consistent with current standards and plans. 1(4) Appropriate provisions have been made for dedications, easements and reservations. (5) The design, shape and orientation of the proposed Tots are appropriate to the proposed use for which the lots are intended and are compatible with the area in which they are located. 1(6) The subdivision complies with the relevant requirements of the Tukwila Subdivision and Zoning Ordinances, and all other relevant local regulations. 15 :h l47�: !•i•.ff'r F�#'I JFK'-9r�'9'dew':� t'Ci��17 k:rp,3F7":'�40MF4{'.7'MiY;+<n!4C!.*/•Lt?1�Tv�'t?).p".70.VM!Y.M1�r't,Hroyt�7r�t,f'."'/,NJ`N;. R'.t:5.rtrf�a'..ry•My'«9. ,•?ah'rt7mr'.M Y..+i. iZ.. +a .r. �}'✓r'FY Iil'A�`.,+i?T,'Fet!:!>,'?�.. "L4'�.IL;'ikV,/�Y.�rg k.',.f.r-. .... (7) Appropriate provisions for maintenance of privately owned common facilities have been made. 1(8) The subdivision complies with RCW 58.17.110. 117.14.030 Final plat. (a) Application The following items are required, in quantities specified by DCD, for a complete application for final plat approval. Items may be waived if in the judgment of the DCD Director said items are not applicable to the particular proposal: 1(1) Completed Application Form and fee as identified in Chapter 18.88 TMC. 1(2) Completed Application Checklist. 1(3) Copies and one original of the final plat survey in conformance with the standards set forth in 17.04.060. (4) A plat certificate from a title insurance company documenting the ownership and title of all interested parties in the plat, subdivision or dedication, and listing all encumbrances. The certificate must be dated within forty five (45) calendar days prior to the date of filing the application for final plat approval. 1(5) Private covenants intended to be recorded with the plat. 1(6) Any documentation necessary to demonstrate conditions of preliminary plat approval have been met. (7) King County Assessor's maps which shows the location of each property within five hundred (500) feet of the subdivision; Two sets of mailing labels for all property owners and tenants (residents or businesses) within five hundred (500) feet of the subdivision. 1(8) Maintenance agreements, easements and other documents ready for recording. (9) Signatures on the following certificates on the face of the plat (when appropriate) from the surveyor that prepared the plat, the King County Treasurer, Seattle -King County Health Department, City of Tukwila Finance Director, Owners affidavit and certificate of dedication as identified in TMC 17.04.060(1). (b) Final Plat Review Procedures: Applications for final plat approval shall be processed as Type 5 decision subject to the provisions of TMC 18.108.050. 16 `T•t" trs rnxnra>n wN x,tm�[tMt�nr;:w�+. 3 % (1) Referral to other departments and agencies — The Department of Community Development shall distribute the final plat to all departments and agencies receiving the pre- liminary plat, and to any other departments, special purpose districts and other governmental agencies deemed necessary. (2) Departmental approval —The Public Works Department and other interested departments and agencies shall review the final plat and submit to the Department of Community Development written comments with respect to the final plat decision criteria. If the final plat is in order, the Public Works Director shall sign the appropriate certificates on the mylar original. (3) Filing final plat — Before the final plat is submitted to the City Council, it shall be signed by the City Treasurer (Finance Director), Director of Public Works, and the Director of the Department of Community Development. Upon approval by the City Council, it shall be signed by the Mayor and attested by the City Clerk. The applicant shall file the final plat with the Department of Records and Elections. The plat will be considered complete when a copy of the recorded documents is returned to the Department of Community Development. Criteria for Council . approvalhave been :r, ent:. !e....:. _e. ow. mhnd that once:°prel�mtnary plat:•s`approved, the'plat is vested 0.4..(44.7:::."...act the City s scope of review is much narrower tti '0.!.41 t at approval isa r a prehmanary 1(c) Criteria for Final Plat Approval - In approving the final plat, the City Council shall find: 1(1) That the proposed final plat bears the required certificates and statements of approval. (2) That a title insurance report furnished by the subdivider confirms the title of the land, and the proposed subdivision is vested in the name of the owner(s) whose signature(s) appears on the plat certificate. (3) That the facilities and improvements required to be provided by the subdivider have been completed or, alternatively, that the subdivider has submitted with the proposed final plat a performance bond or other security in conformance with TMC 17.24.030. 1(4) That the plat is certified as accurate by the land surveyor responsible for the plat. 1(5) That the plat is in conformance with the approved preliminary plat. (6) That the plat meets the requirements of Chapter 58.17 RCW and other applicable state and local laws which were in effect at the time of preliminary plat approval. 17 iF 17.14.040 Phasing In the event a subdivider w�st�es: #o phase construction of a<:;subdivision this section. provides guidance for process and standards Phasing occurs when the applicant obtains preliminary approval: ort a subdivision and ttion; obtains final:, a ` roval on. ont a portion of that subdivision, <inctudmg completing only'the relevant portion of the urvey and::;road and iitifity improvements;Subs uerit.:finaf;;:. tats''>'`would 0 m le#e. t he: sti The subdivider may develop and record the subdivision in phases. Any phasing proposal shall be submitted for City Council review at the time at which a final plat for the first phase is submitted. Approval of the phasing plan shall be based upon making the following findings: 1(a) The phasing plan includes all land contained within the approved preliminary plat, including areas where off-site improvements are being made. (b) The sequence and timing of development is identified on a map. 1(c) Each phase shall consist of a contiguous group of lots that meets all pertinent development standards on its own. The phase cannot rely on future phases for meeting any City codes. (d) Each phase provides adequate circulation and utilities. Public Works has determined that all street and other public improvements, including but not limited to drainage and erosion control improvements are assured. Deferment of improvements may be allowed pursuant to Chapter 17.24 TMC. 1(e) All phases shall be recorded within the five (5) year life of the preliminary plat, unless an extension is granted. 17.14.050 Expiration Period The subdivision shall expire unless a complete application for final plat approval is submitted within five (5), years from the date of preliminary plat approval. The City Council may approve one extension not to exceed one (1) year. rs five year exptratron;rs mandated by state.;law:.(RCW;aB'17 Chapter 17.16 DETAILED PROCEDURES FOR BINDING SITE IMPROVEMENT PLAN (BSIP) Sections: 17.16.010 Purpose. 17.16.020 Scope. 18 `r y.ytw•�w �.wl!�3 17.16.030 Preliminary Binding Site Improvement Plan Approval. 17.16.040 Final approval of plan. 17.16.050 Improvements. 17.16.060 Revision of plan. 17.16.010 Purpose. This chapter is established to accommodate the division of land for the purpose of sale or lease of property within an integrated commercial or industrial center, which allows certain zoning standards (minimum parking, setbacks, landscaping, lot area and lot dimension) on the individual lots to be modified provided the standards for the entire center are met. Binding SCtE rntended devel.opmen; roveme..... xi ill 17.16.020 Scope. a >:rar.. standarc ie ct.anges•propos ►mmercial and me ustrial A binding site improvement plan application may be submitted for a project located on any land zoned commercial or industrial, which is being divided for the purpose of sale or lease consistent with the terms of this chapter. 117.16.030 Preliminary Binding Site Improvement Plan (BSIP) Approval. (a) Application/Fees - The following items are required, in quantities specified by DCD, for a complete Binding Site Improvement Plan (BSIP) application. Items may be waived if in the judgment of the Short Subdivision Committee said items are not applicable to the particular proposal: 1(1) Completed Binding Site Improvement Plan Application Form as prescribed by the DCD Director with fee as identified in Chapter 18.88 TMC. 1(2) Completed Application Checklist. 1(3) A complete SEPA Checklist application if project is not exempt from SEPA. 1(4) Complete applications for other required land use approvals. 1(5) A vicinity map showing location of the site. 1(6) A survey prepared to the standards specified in TMC 17.04.060. (7) Site and development plans which provide the following information. The plans shall be neat and accurate on a decimal scale sufficient in size and detail to demonstrate the BSIP 19 �)'tT+,:Y•4h'4,e �,1-"+•�[1 ,tvrM'iI . 2(0 meets the ordinance requirements, on mylar sheets eighteen (18) inches x twenty four (24) inches or larger: (A) The owners of adjacent land and the names of any adjacent subdivisions. (B) Lines marking the boundaries of the existing lot(s) (any existing lot to be eliminated should be a dashed line and so noted). (C) Locations of existing and proposed public street rights-of-way and easements and private access easements. (D) Location, floor area and setbacks of all existing structures on the site. (E) Lot area, lot line dimensions and average widths for each lot. (F) Location of proposed new property lines and numbering of each lot. (G) Location, dimension and purpose of existing and proposed easements. Provide recorded documents which identify the nature and extent of existing easements. (H) Location of proposed dedications. (1) Existing and proposed topography at two foot contour intervals extending to five feet beyond the project boundaries. (J) Location of sensitive areas and sensitive area buffers (slopes 20% or greater, wetlands or watercourses) on the site. (K) Location, size and species of any trees located within a sensitive area or its' buffer or the shoreline zone unless none of these trees are to be removed and their location is not likely to create undue hardship on individual lots with respect to the tree ordinance (Chapter 18.54 TMC). (L) Location of existing and/or proposed fire hydrants to serve the project. (M) Description, location and size of existing and proposed utilities, storm drainage facilities and roads to serve the Tots. (N) Expected location of new buildings and driveways, including finished floor elevations of the buildings. 1(8) Letter of water and sewer availability if the provider is other than the City of Tukwila. (9) Parking Calculations to demonstrate that the requirements of Chapter 18.56 have been met. (10) Proposed cross easement and maintenance agreement for shared parking, circulation, utility and landscaping improvements. 1(11) Legal descriptions of all tracts located within the boundaries of the short plat. 1(12) Items contained in TMC 18.104.060 not already listed above. (b) Review procedures. An application for binding site improvement plan shall be reviewed and acted upon in the same manner prescribed in Section 17.12.02Q or short subdivision 20 1^•C1€i`nx5.Y,559C'l;tiM'i!S.rn;.r,R+',"Wnt�,+tYi,�«,�t>S+;xl,��.nryr,�;�g7*� �.*nx.,,..�.�,},�.,^s-�-..i4.'s- ... •�r:. `i.!vcr.. . ,vrrr^:,y,.t7, 1(c) Approval Criteria (1) Prior to approval of any binding site improvement plan, the Short Subdivision Committee shall insure that the following improvements are provided to sufficiently service the anticipated uses throughout the proposed plan and the decision criteria that follow are met: (i) Adequate water supply. (ii) Adequate sewage disposal. (iii) Appropriate storm drainage improvements. (iv) Adequate fire hydrants. (v) Appropriate access to all anticipated uses within the plan. (vi) Provision for all appropriate deed, dedication, and/or easements. (vii) Monumentation of all exterior tract corners. 1(2) The site is zoned commercial or industrial and meets the definition of *an integrated site. 1(3) Appropriate easements and maintenance agreements for shared facilities, including but not limited to, circulation, parking, utilities and landscaping, have been provided. I(4) When taken as a whole, and not considering any interior lot lines, the integrated site meets all the zoning and subdivision requirements. (5) Modifications to the minimum zoning standards for individual Tots located within the integrated site, including setbacks, parking, landscaping, lot area and lot dimension are not detrimental to the public health, safety and welfare, do not adversely affect the rest of the integrated site or other properties in the vicinity. 1(6) Common improvements necessary to serve any particular phase of development must be sufficient for meeting the zoning and subdivision requirements for that phase. (7) Access to the integrated site meets the subdivision ordinance standards. Access within the site provides for safe and efficient circulation and meets Fire Department access requirements. 1(8) The circulation system incorporates appropriate provisions for safe pedestrian activity to the site from the street and from building to building within the site. (9) The sign regulations shall be applied to the integrated site as a whole. For example, the number of freestanding signs allowed is based on one site within the binding site improvement plan. Individual ownerships within the integrated site are not considered to be separate sites in determining the number of freestanding signs allowed. 1 (10) The yard requirements of the Uniform Building Code are met. 21 -4,,It 1 xy"KYS^?°.' 1$11r"1v,1. 121;r arr"•;,11=r4 0,1,1 r .0 �tlu:u`r" S'°i.(?rwt;r±,1�r,;�l ...i=t. 117.16.040 Final Approval of plan. (a) Prior to the plan being granted final approval a survey, prepared by a licensed surveyor to the standards contained in TMC 17.04.060, shall be submitted to the Short Subdivision Committee with the final plan. The survey and plan shall be consistent with the preliminary approval. 1 w w2 (b) Once the Short Subdivision Committee determines the survey, plan and other documents o for recording are consistent with the preliminary approval, it will be certified for filing by the chair of o the Short Subdivision Committee.J w (c) After being certified for filing by the Short Subdivision Committee, binding site uj o improvement plans and survey shall be filed by the applicant with the King County Department of 2 Records and Elections, and a copy of the recorded documents shall be returned to the Department of Community Development prior to issuance of any building permits for construction within the site. The applicant shall pay all costs associated with this filing. I W z= z1- w Prior to the issuance of a building permit for construction within a binding site improvement plan, all improvements required to adequately service that portion of the plan for which the building o permit will be issued shall be installed or bonded in accordance with TMC 17.24.030. o F- ww to - ,..;z i= 0 I— z 117.16.050 Improvements. 17.16.060 Revision of plan. Alteration of an approved and recorded binding site improvement plan shall be accomplished by application to the Short Subdivision Committee as set forth in Section 17.16.030, and shall be subject to all procedures and requirements established in this chapter. Chapter 17.20 DESIGN AND IMPROVEMENT STANDARDS FOR THE SUBDIVISION OF LAND Sections: 17.20.010 Applicability. 17.20.020 Improvements, Supervision, Inspections and Permits Required. 17.20.030 • General Standards. •These:> taridarcts=::::have:::been;>:::consolidate:d >'into:<`<one: '::cha :> Previpusl ............... ...C.. .. 4.... .. • :•: x:t::Cv:... ..................... ...........:..........:.......J::::::; .... •:::•::.•.•: i:i:v'vii:;%i`i�i>.ii::CC•:9: �:::4:•: :....:........: ..iY...:..;. p: :.. }'.:: .:.}•...•.. :....:. .y..., ii �::..:: ...: :��:.....:.isiti;:•:;:+'T'•:J:•:tyiM1::��i:;���1'��'��•�4•�'�'i:::: �':.; Y:: ;::......::iii ...: .::.. •...::..: :�: i... ....... organized :b . ':.`:.:Res�denttal: and Cammerc�al subdfvisrons.::;Because:;tf basi:cal <>Liz`e€san a re ardless':ofrarun `>this::Led::to Stu ltcation withinthe code 22 z-73 r,'�e i$�Tt; t��t."'S.'. ,."`, a'::7R','S!tpr;'YY?+�54j'.c'x!yprs i�x-.mrr'.«:•.�..q:. ;,p�.ier �:r. i•.��r••�-r• a ;,-r. •r .:•r,��•trr+..in.,•y.............-ror,,x.•�...•.r,....,,.,A 117.20.010 Applicability. The standards contained in this chapter are to be used as the basic standards for addressing the approval criteria for subdivisions, short plats, boundary line adjustments and binding site improvement plans. The decision making entity may require additional standards be met if it is determined necessary to meet the approval criteria for a particular application. 17.20.020 Improvements, Supervision, Inspections and Permits Required (a) Required improvements — Every subdivider may be required to grade and pave streets and alleys, install curbs and gutters, sidewalks, monuments, sanitary and storm sewers, water mains, fire hydrants, street lights and name signs, together with all appurtenances in accordance with specifications and standards of this code, approved by the Public Works Department, and in accordance with other standards of the City. (b) Supervision and inspection — A licensed engineer or engineering firm, acceptable to the Department of Public Works, shall be responsible for the supervision and inspection of all subdivision improvements. All improvements shall be certified in writing as completed in accordance with plans and specifications as approved by the Department of Public Works. (c) Permits — Prior to proceeding with any subdivision improvements, the subdivider shall obtain those permits from the City as are necessary. The subdivider is also responsible for complying with all applicable permit requirements of other Federal, State and local agencies. 117.20.030 General Standards. (a) Environmental Considerations. angti age to; spec fic lCy `pro (1) Land which contains a sensitive area or its buffer as defined in Title 18, or is subject to the flood zone control ordinance as defined in Chapter 16.52, shall be platted to reflect the standards and requirements of the sensitive areas overlay zone, Chapter 18.45, the planned residential development overlay if required pursuant to Chapter 18.46, and/or the flood zone control ordinance, Chapter 16.52. • I • u' • i a • •iv-. h- e,vir standards. (2) Trees: In addition to meeting the requirements of the tree ordinance (ch. 18.54), every reasonable effort shall be made to preserve existing trees and vegetation, and integrate them into the subdivision's design. 23 :'Fxa�'ys�h;�H�`•.rW"rrr�`.7�'ar„ ;pr, (b) Compatibility with existing land use and plans. (1) Buffer between uses: Where single-family residential subdivisions are to be adjacent to multiple -family, commercial or industrial land use districts, and where natural separation does not exist, adequate landscape buffer strips and/or solid fences for screening shall be pro- vided. (2) Conformity with existing plans: The location of all streets shall conform to any adopted plans for streets in the City. If a subdivision is located in the area of an officially designated trail, provisions may be made for reservation of the right-of-way or for easements to the City for trail purposes. The proposed subdivision shall respond to and complement City ordinances, resolutions, and comprehensive plans. ;The;Couciit`;decided to remove item 3 that caped for pedesir�an.access ` "le ent a P`ot c '`.throe ih .tti'e Sho el�tie :Master Pro 'ram public-afeas. (42) Other City Regulations: All subdivisions shall comply with all adopted City regulations. In the event of a conflict, the more restrictive regulation shall apply. Th'e°COCilc buildings may •ctded to add language tdentlfying under what:;cond tions non residential ei,611OViied to temporarily: remain on newly created residential:[o (4) If a subdivision. short plat. or boundary line adjustment in a residential zone would result in an accessory structure remaining alone on a lot the structure must be demolished before preliminary approval or the owner must provide a bond or other financial guarantee acceptable to the director in the amount of 150% of the cost of demolition and assurance I - •g r • - • - 1 • �-• r 1• • 01 - • WI I 12 months of final approval. (c) Streets. unc�t:aec.. andifional fronto'` •guage toy;ate`::::»:::::>:.:::: dicatio"as gat>co'itrfitton:s>tC'e C `wit("re'.c re' (1) Extension: Proposed street systems shall extend existing streets at the same or greater width, unless otherwise approved by the Department of Public Works and authorized by the City Council in approval of the plat. Where appropriate, streets shall be extended to the boundaries of the plat to ensure access to neighboring properties. The City's goal is to have an integrated system of local streets - - - - - - - - - whenever practical. 24 Grading of steep topography may be necessary to achieve this objective. However, in sen- sitive areas, the layout and construction of streets shall follow the standards and procedures of the sensitive areas overlay zone. Dedication of additional right-of-way may be required for a short when it is necessary to meet the minimum street width standards or when lack of such dedication would cause or contribute to an unsafe road or intersection. (2) Names: All proposed street names or numbers shall be subject to approval by the Department of Community Development. (3) Intersections: Any intersection of public streets, whatever the classification, shall be at right angles as nearly as possible and not be offset insofar as practical. (4) Street Layout: Street layout shall provide for the most advantageous development of the subdivision, adjoining areas, and the entire neighborhood. Evaluation of street layout shall take into consideration potential circulation solutions. While it is important to minimize the impact to the topography from creating an integrated road system, improved site development and circulation solutions shall not be sacrificed to minimize the amount of cut and fill requirements of the proposal. Where sensitive areas are impacted, the standards and procedures for rights-of-way in the sensitive areas overlay zone shall be followed. 1(5) Private access roads may be authorized if: (A) Allowing private access roads in the area being subdivided will not adversely affect future circulation in neighboring parcels of property; and (B) Adequate and reasonable provisions are made for the future maintenance and repair of the proposed private access roads; and (C) The proposed private access roads can accommodate potential full (future) development on the Tots created; and (D) For residential subdivisions, the proposed private access roads do not serve more than four (4) lots nor are more than two hundred (200) feet in length. Those access roads one hundred and fifty (150) feet or greater in length shall have a turn around built to Fire Department standards. (E) For commercial and industrial subdivisions, when private access roads are authorized, there shall be a minimum easement width of forty (40) feet. With the exception of minimum easement widths, private access roads shall be designed and constructed in accordance with the Department of Public Works standards, and zoning setbacks shall be required as though the easement were a public right-of-way. 1(6) Public Roads. 25 (A) Right-of-way and paving widths for public roads shall be based on the table below. The minimum paving and right-of-way width shall be used unless the City Engineer demonstrates a wider width is needed due to site circumstances, including but not limited to topography, traffic volume, street patterns, on -street parking, lot pattems, land use and bike and transit facilities, that justify an increase in width. Type of Street Right -of -Way Roadway Pavement Principal Arterial 80 - 100 feet 48 - 84 feet Minor Arterial 60 - 80 feet 36 - 64 feet Collector Arterial 60 - 80 feet 24 - 48 feet Access Road 50 - 60 feet 28 - 36 feet Cul -De -Sac Roadway 40 feet 26 feet Turnaround (single family) 80 feet (diameter) 60 feet (diameter) Turn?round 92 feet (diameter) 81 feet (diameter) (multi -family. commercial) Alley 20 feet 15 feet Private Access Roads Residential 20 feet 20 feet Commercial 40 feet 28 feet (B) Design: The design and alignment of all public streets shall conform to the following standards unless otherwise approved by the Department of Public Works: Comprehensive:.P►an Policy T 42.: states ",Emphasize a netvvor :local access: through -streets, minimizing cui de sacs'f (1) Cul-de-sacs — Cul-de-sacs are not allowed unless there is no reasonable alternative or the cul-de-sac is shown on an officially adopted street plan. When aI o ed, they shall not exceed a length of six hundredl(600) feet] -2^ �� it -e -y llcs-no asv�,e �� c.,�c�l Clc_cc_ a a ; � .; - t0..u• ,;ti:�a•10 (ii) Street grades — Street grades shall not exceed fifteen percent (15%). However, provided there are no vehicular access points, grades may be allowed up to eighteen percent (18%), for not more than two hundred (200) feet when: • Exceeding the grades would facilitate a through street and connection with the larger neighborhood; • The greater grade would minimize disturbance of sensitive slopes; 1• The Fire Marshal grants approval of the grade transition; and 26 itiY.`l4!r;fieic;r.qa.r.�,�:.y.n,`d"Tn'�t�.xt�,...,...�i •, .. :.t.. , �:�.�.,r.., ... :., I • Tangents, horizontal curves, vertical curves, and right-of-way improvements conform to Department of Public Works standards. (C) Full width improvement: When interior to a subdivision or a short plat of five or more lots, all publicly owned streets shall be designed and installed to full width improvement as provided below: 1(i) Shall be graded as necessary to conform to Department of Public Works standards. 100 Shall be of asphaltic concrete according to Department of Public Works standards. 1(iii) Shall have permanent concrete curbs and gutters according to Department of Public Works standards. (iv) Shall have storm drains consisting of the proper size pipe and catch basins; sizes to be approved by the Department of Public Works prior to the public hearing for the preliminary plat. ((v) Shall have sidewalks provided at a minimum width as specified in Chapter 11.18 TMC. e:;vvhax road improvements tinnJt _ • - • -•'• _ - - .II • • • 11 • ID-•- 1-1 • W • . •_ rds 1- •f _s•h-1 c• et- ac • • n• • De•a 1 -I • Pubi dares 1(iii) Shall provide storm drainage to be approved by the Department of Public Works. Chapter 11.18 TMC. h -o -w gutters. and sidewalks according to Department of Public Works standards. h_l •- •-•i - -• • r u •- • _ •a•i •.• -- io •- •r-.-. . • c• r• Public W .n• _r• '''Cgsl'�!!t4!7Ut�9R:KAaM1?k'S'!`p:, 27 r!jh«�^,!a..Y'7'i>LY"":'dT1,yn...^;i%`�`Y.1 r,3ryt �Ww.�f«?�ET .t »:,1 �•('2���„r;K`^x. )•.yn •�..�.,...�:.�'.:....1 {` h.M.. .. .... 1(ii) Shall be of asphaltic concrete according to Department of Public Works standards. I (iii) Shall provide storm drainage to be approved by the Department of Public Works. The requirement below for streets im roved•° .is new :;Currently;;;streets>;apuiu improved to minimum standards. The rationale is. 1?..; need for art upgraded street network ' and the appropriate time for those improvements to,be ins' manyrsituatlons tiue to topographical limitations l has authority per Section 'f 7 32.0 t 0 to :grant• an;exce suldivsi'oto •may not be requ red at the subdivision is creating' the subdivision action provides the. lied This may not•be possible in t such a case, : the decision ;maker • (DE) Half width improvement: Streets abutting the perimeter of a subdivision or short plat of five or more Tots shall provide the full improvements on the half of the street adjacent to the site, provided additional paving may be required to ensure safe and efficient roads exist to serve the subdivision; provided further that there are no physical obstructions to completing the other half of the roadway; and that there is a minimum of twenty (20) feet of paving. �- f - • a - • - • 11- • 1 • - .• 1 1 l- • -•- 1 • • r �- • • 1 - vi i u•r• - • 1'k I -• w la e d' •• 1' • nd it is not feasible r-- •Ia•I- .- '.• • a- 'u>t -•. - 'ii• •V -ii -i • ,- r • • • m rw im•r•v- .- r r mu ' I •- .r•v-• • f a • n • •r•v-• 1 • I. r n • 1ui- I 1 •r•v- n rl •.• h i din• _•• rov • •••- .• r a me • •• .•.-r• i • wev r h I i i u Iv1 Engineer. to safely accommodate traffic generated by the propos_ed subdivision or short plat, in h •• - m n • .• f h Ci w- 1• shal 'revise L (d) Utilities: All utilities designed to serve the subdivision shall be placed underground and, if located within a sensitive area, shall be designed to meet the standards of the sensitive areas overlay zone. Those utilities to be located beneath paved surfaces shall be installed, including all service connections, as approved by the Department of Public Works; such installation shall be completed and approved prior to application of any surface materials. Easements may be required for the maintenance and operation of utilities as specified by the Public Works Department. (1) Sanitary sewers —Sanitary sewers shall be provided to each lot at no cost to the City and designed in accordance with City standards. Septic systems may be installed when approved by the Seattle -King County Department of Public Health and when the existing sewer system will not be available to the lot within the life of the preliminary approval. yr�orq,ryxart nru.�e.�sn�::,Yo, u..t.i, �.• rw. .,.;. 28 (2) Storm drainage —The storm drainage collection system shall meet the requirements of the City's stormwater ordinance standards (Ordinance #1755). (3) Water system — Each lot within a proposed subdivision shall be served by a water distribution system designed and installed in accordance with City standards. Locations of fire hydrants and flow rates shall be in accordance with City standards and the Uniform Fire Code. (e) Blocks: (1)Length — Residential blocks should not be less than three hundred (300) feet nor more than one thousand (1,000) feet in length, (six hundred (600) - two thousand (2,000) feet for commercial and industrial areas). Where circumstances warrant for the purpose of implementing the Comprehensive Plan, the Planning Commission may require one or more public pathways of not less than six (6) feet nor more than fifteen (15) feet in width, either by dedication or easement, to extend entirely across the width of the block to connect public rights-of-way. (2) Width — Blocks shall be wide enough to allow two tiers of Tots, except where abutting a major street or prevented by topographical conditions or size of the property, in which case the City Council may approve a single tier. (3) Pedestrian Considerations - Blocks, roads and pedestrian improvements shall be designed to provide a safe and convenient pedestrian network. (f) Lots: (1) Arrangement — Insofar as practical, side lot lines shall be at right angles to street lines or radial to curved street lines. Each lot must have access to a public street that is approved at the time of plat review; however, rather than designing flag lots, access shall be accomplished with common drive easements. (2) Lot design — The lot area, width, shape, and orientation shall be appropriate for the location of the subdivision, for the type of development and land use contemplated, and shall conform with the requirements of the Zoning Ordinance. (3) Comer lots — Corner lots may be required to be platted with additional width to allow for the additional side yard requirements. 1 (g) Landscaping: 1(1) Each lot within a new subdivision or short plat of five (5) Tots or greater shall be landscaped with at least one (1) tree in the front yard to create a uniform streetscape. 1(2) Landscaping shall conform with Public Work standards. 29 ..1✓�l�rlTl{*'ntN«'try`54.N,'.tw-v.*Y!�Li.•xv}y.�::lvy+;tvCfe nn.w�ar�p..fiw` e� (h) Street signs — The subdivider shall be responsible for the initial cost of any street name or number signs, or street markings, including installation thereof, that Public Works finds necessary for the subdivision. (I) Lighting - Street lighting shall conform to the Department of Public Works standards unless the City Council requires alternative fixtures, poles, and/or spacing to contribute to an overall design concept of the subdivision. 16) Monumentation (1) Imprinted Monument: All monuments set in subdivisions shall be at least one-half (1/2) inch x twenty-four (24) inch steel bar or rod, or equivalent, with durable cap imprinted with the license number of the land surveyor setting the monument. 1(2) Centerline Monument: After paving, except as provided in subsection five (5) below, monuments shall be driven flush with the finished road surface at the following intersections: 1(A) Street centerline intersections. (B) Points of intersection of curves if placement falls within the paved area; otherwise, at the beginnings and endings of curves. 1(0) Intersections of the plat boundaries and street center lines. (3) Property Line Monumentation: AU front corners, rear corners, and beginnings and endings of curbs shall be set with monuments, except as provided in subsection five below. In cases where street curbs are concentric and/or parallel with front right-of-way lines, front property -line monumentation may be provided by brass screws or concrete nails at the intersections of curb lines and the projections of side property lines. If curb monumentation is used, it shall be noted on the plat, and also that such monumentation is good for projection of line only and not for distance. (4) Post-monumentation: All monuments for exterior boundaries of the subdivision shall be set and referenced on the plat prior to plat recording. Interior monuments need not be set prior to recording if the developer certifies that the interior monuments shall be set within ninety (90) days of final subdivision construction inspection by the Department of Public Works, and if the developer guarantees such interior monumentation. (5) Post-monumentation Bonds: In lieu of setting interior monuments prior to final plat recording as provided in subsection three (3) above, the Public Works Director may accept a bond in an amount and with surety and conditions satisfactory to the Director, or other secure method as the Public Works Director may require, providing for and securing the actual setting of the interior monuments. 30 S� �`1i� r ."titer Chapter 17.24 PROCEDURES FOR PUBLIC IMPROVEMENTS Sections: 17.24.010 Plans and Permits Required for Public Improvements 17.24.020 Process for Installing Public Improvements 17.24.030 Improvement Agreements and Financial Guarantees Section 17.24.010 Plans and Permits Required for Public Improvements Approval of a preliminary plat, short plat, binding site improvement plan or boundary line adjustment shall constitute approval for the applicant to develop construction plans and specifications, for all facilities and improvements, in substantial conformance to the preliminary approval, design standards, and any special conditions required by the City Council; to obtain permits and complete installation for said improvements; and to prepare a final plat, plans, surveys and other documents for recording. Prior to installing improvements, the developer shall apply for all required permits for those improvements. The applications shall include development plans as specified on the application form. Section 17.24.020 Process for installing Public Improvements. Improvements installed by the developer of the subdivision or short plat, either as a requirement or of the subdividers own option, shall conform to the requirements of this title and improvement standards, specifications, inspections and procedures as set forth by the Department of Public Works, and shall be installed in accordance with the following procedures: (a) Work shall not be commenced until plans have been checked for adequacy and approved by Public Works to the extent necessary for the evaluation of the subdivision or short plat proposal. The plans may be required before approval of the final plat, if improvements are to be deferred. Plans shall be prepared in accordance with the requirements of the City. I(b) Work shall not commence until Public Works has been notified in advance and if work has been discontinued for any reason, it shall not be resumed until Public Works has been notified. (c) Public improvements shall be constructed under the inspection and to the satisfaction of the Director of Public Works. The City may require changes in typical sections and details if unusual conditions arise during construction to warrant the change. (d) All underground utilities, sanitary sewers and storm drains installed in the streets by the developer of the subdivision or short plat shall be constructed prior to the surfacing of streets. Stubs for service connections and underground utilities and sanitary sewers shall be placed to a length obviating the necessity for disturbing the street improvements when surface connections are made. 31 (e) Plans showing all improvements as built shall be filed with the City upon completion of the improvements. 117.24.030 Improvement Agreements and Financial Guarantees. (a) Before any final subdivision, short plat, binding site improvement plan or boundary line adjustment is finally approved the subdivider shall install required improvements and replace or repair any such improvements which are damaged in the development of the subdivision. In lieu of installation of all required improvements, the subdivider may execute and file with the City an agreement guaranteeing completion of such improvements together with any needed replacement or repair. The agreement shall: z F- w 00 CO 0 w= Luo (1) Specify the period of time within which all work required shall be completed. The time for 2 completion shall not exceed one (1) year from the date of final approval of the subdivision. g The agreement may provide for reasonable extensions of time for completion of work. in.. a Extensions must be requested, approved by the City Council, and properly secured in w advance of the required initial completion date. z �o z 1- (2) Require notice by the subdivider to the Public Works Director promptly upon completion of all required improvements. • o o - o f- w in LI 0 wz U - (5) Provide that if the subdivider fails to complete all required work within the period specified, z the City may take steps to demand performance of the developer's obligation within a reasonable time not to exceed ninety (90) days from the date of demand. (3) Provide for notice of approval or disapproval by the Public Works Director of the improvement within a reasonable time after receiving notice of completion. (4) Require financial security to be provided by the subdivider pursuant to subsection "c" below. (6) Provide that if the required improvements are not completed within that time, the City may take action to require the subdivider forfeit the financial security. (7) Provide that the City shall be entitled to recover all costs of such action including reasonable attomey's fees. 1(8) Provide that following recovery of the proceeds of the financial security, those proceeds shall be used to complete the required improvements and pay the costs incurred. (9) Provide that should the proceeds of the financial security be insufficient for completion of the work and payment of the costs, the City shall be entitled to recover the deficiency from the subdivider. 32 4Krjn 53 (b) Regardless of whether all required improvements are completed prior to final approval of any subdivision of land, as a condition of such approval the subdivider shall execute an agreement to assure successful operation of said improvements. The agreement shall: (1) Require the subdivider to post a bond or other financial security to secure successful operation of all required improvements and full performance of the developer's maintenance obligation. Such financial security shall be effective for a two-year period following approval of installation of all required improvements. (2) Require the subdivider to perform maintenance functions on drainage improvements for a period of time not to exceed two years from approval of their completion or final plat approval, whichever is later. Such maintenance functions shall be specified by the Public Works Director and shall be reasonably related to the burdens which the subdivision will impose on drainage facilities during the time maintenance is required. The City Council may agree to accept and perform maintenance of the improvements, in which case the subdivider's obligation to perform maintenance functions shall terminate. =o (3) Not relieve the subdivider of liability for the defective condition of any required w I improvements discovered following the effective term of the security given. z = r- o zI- w iii U � o D- O I- OW LIo wz 0I �z U 00 CO 0 w= N LL Luo 2 u_Q CO (4) Provide a waiver by the subdivider of all claims for damages against any governmental authority which may occur to the adjacent land as a result of construction, drainage and maintenance of the streets and other improvements. I(c) To assure full performance of the agreements required herein, the subdivider shall provide one or more of the following in a form approved by the City Attorney: I(1) A surety bond executed by a surety company authorized to transact business in the State of Washington. I(2) An irrevocable letter of credit from a financial institution stating that the money is held for the purpose of development of the stated project. (3) An assignment of acccunt with a financial institution which holds the money in an account until such time the City signs a written release. The assignment of account will allow the City to withdraw the funds in the event the provisions of the agreement are not met. 1(4) A cash deposit made with the City of Tukwila. (d) Amount of financial security: The financial security provided shall be one -hundred and fifty percent (150%) of the estimated cost of the improvements to be completed and all related engineering and incidental expenses, final survey monumentation and preparation of reproducible mylar or electronic records in a format approved by Public Works and meeting current Public Works drawing standards of the "as -built" improvements. The subdivider shall provide an estimate of these costs for acceptance by the Public Works Director. 33 s(�N:+'rq. vLr::!K'+��YSY'�%�:°"t"�.,`'`. et�:n`,,v�.�R.4�:bTt•.xr.Ttry:•x.iryf��')Y^.I�7.5... �...;+•Yln.�,,n..:=:..'.Y_Y�. :➢:fir•.,';;{ � .., ......�.� .:.Gtt!::S z (e) Defective work: The acceptance of improvements by the City shall not prevent the City from making a claim against the developer for any defective work if such is discovered within two years after the date of completion of the work. Chapter 17.32 EXCEPTIONS, PENALTIES, SEVERABILITY, LIABILITY Sections: 17.28.010 Exceptions. 17.28.020 Penalties. 17.28.030 City not liable. 117.28.040 Severability. 17.28.010 Exceptions. (a) Exception Criteria: Exceptions from the requirements of this code may be granted when undue hardship may be created as a result of strict compliance with the provisions of this code. Any authorization for exception may prescribe conditions deemed necessary or desirable for the public interest. An exception shall not be granted unless: (1) There are special physical circumstances or conditions affecting said property, such that the strict application of the provisions of this code would deprive the applicant of the reasonable use or development of his land; and (2) The exception is necessary to insure such property rights and privileges as are enjoyed by other properties in the vicinity and under similar circumstances; and (3) The granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity. (b) Procedures: An application for any exception from this code shall be submitted in writing by the subdivider, as part of the application for short subdivision, binding site improvement plan, or preliminary plat. Such application shall fully state all substantiating facts and evidence pertinent to the request. (1) Short subdivision — A short subdivision or binding site improvement plan exception shall be reviewed by the Short Subdivision Committee in conjunction with review of the short subdivision or binding site improvement plan application. The decision of the Short Subdivision Committee shall be final and conclusive unless appealed in accordance with the appeal procedure for Type 2 decisions set forth in TMC 18.108.020. 34 5S Wnf�fxd �i"'.`�'t :i tat-aN±yYt*; wy. (2) Preliminary plat — A preliminary plat exception shall be considered by the City Council at the same time the public hearing is conducted for the preliminary plat. The decision of the City Council shall be final and conclusive. 17.28.020 Penalties. Any violation of any provision, or failure to comply with any of the requirements of this chapter, shall be subject to the terms and conditions of Chapter 8.45. 17.28.030 City not liable. This code shall not be construed to relieve from or lessen the responsibility of any person owning any land or building, constructing or modifying any subdivisions in the City for damages to anyone injured or damaged either in person or property by any defect therein; nor shall the City or any agent thereof be held as assuming such liability by reason of any preliminary or final approval or by issuance of any permits or certificates authorized herein. 117.28.040 Severability. Ilf any section, subsection, clause or phrase of this code is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. 35 Amend the zoning ordinance as follows: 18.06.035 Alley . "Alley" means a public thoroughfare or way usually having a width of not more than 20 feet which affords only a secondary means of access to abutting property and is not intended for general traffic circulation. cc z 18.06.xxx Binding Site Improvement Plan.(..) "Binding Site Improvement Plan" means an improvement plan processed in accordance with o o Chapter 17.16, which is legally binding on the land owner, his heirs, successors and assigns. w = Ji... 18.06.xxx Block. N u' 0 "Block" means a group of lots, tracts or parcels, which have been subdivided, and are entirely 2 surrounded by highways or streets or in part by a well-defined or fixed boundary. g 5 u.. a (o: 18.06.xxx Cul-de-sac. z w "Cul-de-sac" means a street having one end open to traffic and being terminated at the other z i end by a circular vehicular turn -around. h- o z I- LLI w 18.06.xxx Dedication. "Dedication" means a deliberate appropriation of land by its owner for any general and public o uses, reserving to himself no other rights than such as are compatible with the full exercise and o 1 -- enjoyment enjoyment of the public uses to which the property has been devoted. _ w 18.06.xxx Final Plat. - o "Final Plat" means the final drawing of the subdivision and dedication prepared for filing for o � record with the Department of Records and Elections, and containing all elements and p=.1. requirements set forth in the subdivision code. z 18.06.xxx Integrated site. "Integrated site" means a commercial or industrial zoned property for which a Binding Site Improvement Plan is being or has been approved and recorded. The site typically contains within it multiple tracts of land under separate leasehold or ownership, but functions as a single center. Characteristics of an integrated site includes commonly shared access, parking, utilities, signage and landscaping; the site is not bisected by a public or private street; and zoning and sign regulations are applied to the entire site, as if there were no interior property lines. • 18.06.xxx Land surveyor. "Land surveyor" means an individual registered in accordance with the provisions of RCW 18.43 and licensed to perform land surveys in the State of Washington. 18.06.xxx Lease. "Lease" means a contract or agreement whereby one party grants to another party general or limited rights, title or interest in real property. .This definition is intended to apply to those 36 ;px TAA;M"Pr,csil t`:srdtr,W; .swrw.i.Mt:,ti,A 5 s, • 57 agreements which are ordinarily considered "ground leases", and shall not apply to those which are ordinarily considered "space leases." 18.06.505 Lot area. "Lot area" means the total horizontal area within the boundary lines of a lot and exclusive of street right-of-way, street easement, or private access roads,authorized pursuant to the subdivision ordinance. lk... ! tai Councit':decic he<a�tdn`a`nice`> 18.06.525 Lot frontage. lot nearest the street. On a corner lot both frontagco 18.06.xxx Performance bond or guarantee. "Performance bond or guarantee" means that security to ensure installation of certain required improvements which may be accepted to defer those improvements when such a deferment is warranted and acceptable to the City. 18.06.xxx Planning Commission. "Planning Commission" means that body as defined under Title 2.36 of the Tukwila Municipal Code. 18.06.xxx Plat. "Plat" means a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets, and alleys or other divisions and dedications. 18.06.xxx Preliminary plat. "Preliminary plat" means a neat and approximate drawing of a proposed subdivision or short plat, showing the general layout of streets and alleys, lots, blocks, utilities, and restrictive covenants to be applicable to the proposal, and other elements of a plat which shall furnish a basis for the approval or disapproval of the application. 18.06.xxx Principal building. "Principal building" means the principal structure on a lot or building site 'designed or used to accommodate the primary use to which the premises are devoted. 18.06.xxx Private access road. "Private access road" means a minor, privately owned and maintained road whichserves to provide access to lots as authorized pursuant to TMC 17.24.030 and 17.28.050. Loc an ei ed nfZ' 37 s-7( om9..? t FA,m1e.•,, ,.... vay Yf ifV t uh>1t »nrF{.1,:#.11. 49eAy+1:r:y:i'.� hs9 18.06.xxx Right-of-way. "Right-of-way" means mass tran another. a right belonging to a party to pass over land of 18.06.xxx Roadway. "Roadway" means that improved portion of a street intended for the accommodation of vehicular traffic, generally within curb lines. 18.06.xxx Short Plat. "Short plat" means the map or representation of a short subdivision. 18.06.xxx Short Subdivision. "Short subdivision" means the division of land into nine or less lots, tracts, parcels, sites or divisions. 18.06.xxx Short Subdivision Committee. The Short Subdivision Committee (SSC) shall consist of the Director of the Department of Community Development who shall be the chair. the Public Works Director. and the Fire Chief. or their designated representatives. 18.06.xxx Subdivision. "Subdivision" means the division or redivision of land into ten or more lots, tracts, parcels, sites or divisions. 18.06.825 Tract. "Tract" means a parcel of land proposed for subdivision or a distinct parcel designated for a specific use. Amend the Sensitive Areas Ordinance as follows: ;Sensitive Areas.. rdinance is proposed.to be ,amen Planned Restdent�al Developmen•t (APRD) requirement. adjustments ate•"::: 1.ifi0•• r.short ;platsand bouindary..:ttne> 18.45.060 Procedures. When an applicant submits an application for any building permit, subdivision, short subdivision or any other land use review which approves a use, development or future construction, the location of any sensitive areas and buffers on the site shall be indicated on the plans submitted. When a sensitive area is identified, the following procedures apply. The Director may waive item numbers 1, 2, 4 and 5 of the following if the size and complexity of the project does not warrant that step in the procedures and the Director grants a waiver pursuant to TMC 18.45.020(F)(2). 38 5� 1. Sensitive Areas Study and Geotechnical Report. The applicant shall submit the relevant study as required in TMC 21.04.140 and this chapter. It is intended that sensitive areas studies and information be utilized by applicants in preparation of their proposals and therefore shall be undertaken early in the design stages of a project. 2. Planned Residential Development Permit. Any new residential subdivision or multiple family residential proposal which includes a sensitive area or its buffer on the site shall apply for a planned residential development permit and meet the requirements of the Planned Residential Development District chapter of this title. 3. Denial of Use or Development. A use or development will be denied if it is determined by the Director that the applicant cannot ensure that potential dangers and costs to future inhabitants of the development, adjacent and local properties, and Tukwila are minimized and mitigated to an acceptable level. 4. Pre -development Conference. The applicant, specialist(s) of record, contractor, and department representatives will be required to attend preconstruction conferences prior to any work on the site. 5. Construction Monitoring. The specialist(s) of record shall be retained to monitor the site during construction. 6. On-site Identification. The Director may require the boundary between a sensitive area and its buffer and any development or use to be permanently identified with fencing, or with a wood or metal sign with treated wood, concrete or metal posts. Size will be determined at the time of permitting, and wording shall be as follows: "Protection of this natural area is in your care. Alteration or disturbance is prohibited pursuant to Chapter 18.45 TMC. Please call the City of Tukwila for more information.". 39 (0 0 Amend the Fees (Chapter 18.88 TMC) of the zoning code as follows: ...::.. ...... recognize the relative differences in •is propose iocessing a BU. aced;;;;>trorn opposed to a sh`oi 18.88.010 Application fees. The following fees shall be paid by any applicant for a land use permit at the same time that said application is filed with the City: Type of Application Comprehensive plan amendment Conditional use permit (CUP) Design review (BAR) Planned Residential Development (PRD) Reclassification (rezone) Shoreline substantial development permit Short Plat/Binding Site Improvement Plan Street vacation Unclassified use permit (UUP) Variance Boundary line adjustments Special review (parking/sign deviation, etc.) Zoning Code Amendment Preliminary Plat Final Plat Fee $700.00 850.00 900.00 800.00 plus 100.00/acre 700.00 550.00 200.00 120.00 850.00 600.00 50.00 200.00 700.00 800.00 plus 75.00 per lot 400.00 plus 25.00 per lot Application for renewals of any land use permit, provided such renewals are specifically authorized, shall pay the same fee required for the land use permit being renewed. `The:Cou ncildecded > once€ '" a reinents `> rou s`shou ave` ncrpaso pu 18.104.090 Notice of Application - Procedure. Notice of Application shall be provided as follows: 1. For all Type 2, 3, 4 and 5 decisions, and Type 1 decisions which require SEPA review, the Notice of Application shall be mailed by first class mail to the applicant and to departments and agencies with jurisdiction, except that a Notice of Application is not required in the case of a Code Interpretation pursuant to TMC 18.96.010 or a Sign Permit Denial pursuant to TMC 19.12. 2. For Type 1 decisions and Type 2 decisions which require SEPA review, the Notice of Application shall be provided by posting pursuant to TMC 18.104.110, provided that the Notice 01.1 vro:4 40 (1 of Application for a Type 1 decision involving a single family residence need not be posted but shall be published one time in a newspaper of general circulation in the City. 3. For short plats of 5 through 9 Tots and Type 3, 4 and 5 applications, the Notice of Application shall be posted pursuant to TMC 18.104.110 and mailed pursuant to TMC 18.104.120. 4. For applications which require any Shoreline permit, additional notice shall be provided as required by RCW 90.58. 5. For preliminary plats, additional published notice shall be provided as required by RCW 58.17.090(a). 6. The Director shall have the discretion in unusual circumstances (i.e., lengthy utility corridor or right-of-way construction projects) where posting and mailed notice would be impractical, to require the notice of application to be published in a newspaper of general circulation in the area where the proposal is located, in lieu of posting and mailed notice. (Ord. 1768 §2(part), 1996) tr.f4a141Te4Mi/Ifiltata4:7434.Z4441 ..a'.a-,:cr&;"i rtk.i: a,azce.zt; 41 ;AagoaL .. �3a.,a rn.s a+a'+.w�.>+n w.w:.� n.,,.......... seeimnrirgra..,Ra rs�...w....� i2a=y:17.'in cat'tm5VrAvr n91�'NtSM1°�Ati`.r-I Tukwila City _Tet- C'- ecy o uncd _ Agenda John W. Rants, Mayor John McFarland, City Administrator Jim Haggerton, Council President Councilmembers: Pam Carter • Joe Dune Allan Ekberg • Joan Hernandez Pamela Linder • Steve Mullet COMMITTEE OF THE WHOLE December 8, 1997 7:00p.m. 1. CALL TO ORDER Tukwila City Hall Council Chambers 2. PLEDGE OF ALLEGIANCE 3. CITIZEN'S At this time, you are invited to comment on items that are not included on COMMENTS this agenda. 4. SPECIAL ISSUES a. Resolutions approving the non -represented employees compensation plan and policies. (Page 3) b. An ordinance formally adopting a model for gradually increasing the Mayor's salary over a three-year period. ( Page 15) c. Sub -division draft ordinance. (Page 19) d. Review of draft Council handbook. ( Page 31) e. Ordinance amending the 1997 budget. ( Page 33) f. Continued review of 1998 proposed budget with proposed amendments and changes. (Page 39) Resolution approving the proposed 1998-2003 Financial Planning Model and Capital Improvement Plan. ( Page 49) g. 5. REPORTS a. b. c. d. e. Mayor City Council Staff City Attorney Intergovernmental 6. MISCELLANEOUS 7. EXECUTIVE SESSION - Possible land purchase (30 minutes). 8. ADJOURNMENT The City of Tukwila strives to accommodate people with disabilities. Please contact the City Clerk's Office by noon on Monday if we can be of assistance. HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. z COUNCIL MEETINGS a W Ce No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. 6 D JU Regular Meetings - The Mayor, elected by the people to a four-year term, presides at all Regular Council u)o Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the J i form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular co w Council meetings. w0M Committee of the Whole Meetings - Council members are elected for a four-year term. The Council u. g a President is elected by the Council members to preside at all Committee of the Whole meetings for a D a one-year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. i Issues discussed are forwarded to the Regular Council meeting for official action. z F- I- 0 zt- w • w D At each Council meeting citizens are given the opportunity to address the Council on items that are not o g2 included on the agenda during CITIZENS COMMENTS. Please limit your comments to five minutes. w w • U Special Meetings may be called at any time with proper public notice. Procedures followed are the same as � o those used in Regular Council meetings.w z c.) co Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel o I z GENERAL INFORMATION matters. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed, the Council may discuss the issue among themselves without further public testimony. Council action may be taken at this time or postponed to another date. 37:'Atr«ricysM�fwgx,re!e'Prtft'lL+Y�"wz:»ri.t??'=£S1srwR•SM:x«?»>.r"F�s:H Go UZv CIL AGENDA SYNuPSIS Initials Meeting Date Prepared by Mayor's review Council review 5-27-97 S.L. Original Sponsor: Council Admin. X 6-23-97 S.L. Sponsor's Summary: Following two public hearings, the Planning Commission has forwarded this ordinance update with a recommendation of approval. Council had a public hearing on 7/21/97 and discussed the ordinance at the 8/4/97 and 10/27/97 COW meetings. Staff suggests the Council first reach concensus on the outstanding policy issues prior to conducting a detailed review of the draft ordinance. 7-14-97 S.L. Forward to COW. 7-21-97 S.L. Fund Source (if known): NA. 8-4-97 S.L. 10-27-97 S.L.ZA 12-8-97 S.It. fdtA/ ITEM NO. ``.ORI) > OF CO IL ACTIO Meeting Date Action 5-27-97 Briefing on proposed changes. 6-23-97 Continue to discuss changes. 7-14-97 Set a date for public hearing 7-21-97 Public Hearing held on the ordinance 8-4-97 Discussed policy changes 10-27-97 Discussed policy changes 12-8-97 PENDICE Meeting Date 5-27-97 Attachments A - Staff Memorandum 5-27-97 5-27,-97 5-27-97 B - Process Flow Charts C - Draft Subdivision Ordinance D - Planning Commission Public Hearing Minutes ITEM INFORMATION CAS Number: REF: 97-078 Original Agenda Date: 5-27-97 Agenda Item Title: Subdivison Ordinance Update. Original Sponsor: Council Admin. X Timeline: Sponsor's Summary: Following two public hearings, the Planning Commission has forwarded this ordinance update with a recommendation of approval. Council had a public hearing on 7/21/97 and discussed the ordinance at the 8/4/97 and 10/27/97 COW meetings. Staff suggests the Council first reach concensus on the outstanding policy issues prior to conducting a detailed review of the draft ordinance. Recommendations: Sponsor: Committee: Administration: Planning Commission recommends approval of the ordinance. Forward to COW. Cost Impact (if known): Annual reduction of $1,000 - $2,000 revenues generated from fees. Fund Source (if known): NA. ``.ORI) > OF CO IL ACTIO Meeting Date Action 5-27-97 Briefing on proposed changes. 6-23-97 Continue to discuss changes. 7-14-97 Set a date for public hearing 7-21-97 Public Hearing held on the ordinance 8-4-97 Discussed policy changes 10-27-97 Discussed policy changes 12-8-97 PENDICE Meeting Date 5-27-97 Attachments A - Staff Memorandum 5-27-97 5-27,-97 5-27-97 B - Process Flow Charts C - Draft Subdivision Ordinance D - Planning Commission Public Hearing Minutes COUNCIL AGENDA SYNOPSIS 6-23-97 E - Staff Memorandum 7-14-97 F - Staff Memorandum 7-14-97 G - Clean Version of Ordinance 7-21-97 H - Notice of Public Hearing 8-4-97 I - Staff Memorandum, 8/4/97 10-27-97 J - Staff Memorandum, 10/22/97 12-8-97 K - Staff Memorandum, 12/3/97 12-8-97 L - Staff Memorandum, 12/1/97 City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director TO: Tukwila City Council FROM: Steve Lancaster, DCD Director RE: Subdivision Ordinance Policy Issues MEMORANDUM 14 c,prr-u j DATE: December 3, 1997 ALGCp The issues surrounding street dedication and street improvement standards are complex and Staff would like to ensure that they fully understand the Council's direction before amending the draft Subdivison Ordinance. These issues were discussed in the attached summary memorandum as item 6 of the Planning Commission Recommendations. Following is Staff's suggested framework for requirements relating to road dedication and improvement. 1. Streets providing access to more than four (4) residential lots shall be dedicated to the City and improved to public street standards. 2. Streets within short plats of four (4) or fewer residential lots that are required to immediately provide a through connection to other streets (and thus provide access to more than four (4) residential lots), shall be dedicated to the city and improved to public street standards, except that the requirements for construction of curb, gutter and sidewalk may be delayed if the owner(s) enter into a binding agreement to not protest the future formation of a Local Improvement District (LID) to further improve the street to full public street standards. 3. Streets providing access to four (4) or fewer residential lots that, in the City's determination will be extended or connected to other streets sometime in the future and thereafter provide access to more than four (4) residential lots, shall be either dedicated or subject to a binding agreement to future dedication. These streets that will not immediately, but may in the future serve more than four (4) lots may be improved to private street standards if the owner(s) enter into a binding agreement to not protest the future formation of a Local Improvement District (LID) to further improve the street to full public street standards. 4. Cul-de-sac or dead end streets providing access to four (4) or fewer residential lots and meeting the criteria for private access roads may be improved to private street standards. 5. Existing public streets adjacent to a subdivision or short plat shall be improved to "half street" standards unless the City approves a delay of improvements, in which case the owner(s) shall IA) C) .r\0.Ac.e.> ATTACHMENT K 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 enter into a binding agreement to not protest the future formation of a Local Improvement District (LID) to further improve the street to full public street standards. City approval of a delay and (LID) no protest agreement may be considered where: • the adjacent development is a short plat of four (4) or fewer residential lots; or • the future grade or alignment of the adjacent public street is unknown and it is not feasible to establish the grade in a reasonable time period; or = H • the immediate improvement of the street would result in a short, isolated segment of 1 z improved street and similar street improvements in the vicinity are unlikely to occur within 6 M six (6) years. o cn to In any case, adjacent streets shall be improved to the minimum level necessary, in the judgment of the City Engineer, to safely accommodate traffic generated by the proposed subdivision or co a- w� short plat. 2 J Once Council has indicated its preferences on these issues we will prepare a strikeout/underline a version of the Subdivision Ordinance showing Council's changes to the Planning Commission w recommended draft. z i— O zI— w w U ON CII— W w ww =J H LL'O .z w U= O~ rrdivvi j 4.44 tieite . 8 i ii.7du AViiatt evoi •Yi:Fa z City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director MEMORANDUM TO: Tukwila City Council FROM: Steve Lancaster, DCD Director RE: Subdivision Ordinance Policy Issues and Public Hearing Comments DATE: December 1, 1997 (Note: This is a revised version of the memo included in the Council packet for October 27th. It has been updated to reflect Council policy decisions made at that meeting.) BACKGROUND The Planning Commission held two public hearings on the Subdivision Ordinance update and forwarded a draft ordinance with a favorable recommendation for adoption to the Community Affairs and Parks Committee in May. The CAP forwarded it to the COW for detailed review in June. A public hearing to allow further public comment on the subdivision ordinance was held July 21, 1997. The Council held worksessions on August 4th and October 27th and made decisions on all but two issues. The two outstanding issues, cul-de-sac policy and the number of months that accessory structures may remain alone on a residential lot, require further discussion and are boxed and shaded in the text. The issue of right-of-way dedication and road standards for short plats requires additional clarification and is discussed in a separate memo. SUMMARY OF PLANNING COMMISSION RECOMMENDATIONS AND STATUS OF COUNCIL REVIEW Planning Commission recommendations incorporated into the draft under consideration are presented below, followed by bullets with alternatives. 1. Allow short plats for up to nine lots (TMC 17.12.010). Currently any subdivision of four or fewer lots is treated as a short plat. The proposal would allow any subdivision of nine or fewer lots to be treated as a short plat. Short plats of 5 or more lots would have to meet the same development standards as a full • subdivision. 19 Page 1 ATTACHMENT L 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431.3670 • Fax (206) 431-3665 �* ,yfga �4 �� i '4 QH,,W psn"41 ,''TA,57e5?ff gryST, A121!"h , t �v x. Yti:inY±3TrYtin;;�:74 n i , a :e ,-itYtiv`i;;`yw/t;�ti i^Xi�•,:•� �5�.�«'�i ^'1�(;%1 4'S 5 I4 ?�' � :.J:a Action: • The Council decided to approve the Planning Commission recommendation allowing short plats of up to nine lots, with those of five or more lots meeting full subdivision development standards. z 2. Eliminate the PRD requirement for short plats and boundary line f- Ix w adjustments (TMC 18.45.060 - Zoning Code). 6 D JU UO Short plats and BLA's are currently required to go through an administrative planned w i ...1residential development (APRD) permit process when there is a sensitive area on the site. .� f- APRD's are required to provide a minimum of 20% common open space. This standard 0 can be difficult for short plats and boundary line adjustments to meet and would result in 2 small tracts being created which have marginal environmental and/or recreational value. g 7.3 co D _a 1--w z= • The Council decided to approve the Planning Commission's recommendation to z o eliminate the requirement for administrative planned residential developments for LU g D BLA's and short plats. D 0 O 9• 2 O H 3. Binding Site Improvement Plan (Chapter 17.16 TMC). w w u --O e proposal is intended to use the BSIP to provide flexibility with zoning, by allowing a z BSIP not only with leased property, but also with new lots that are created within an U w co industrial or commercial center. The ordinance would allow sale of a portion of a 0'- commercial or industrial center without requiring zoning ordinance standards such as z landscaping and setbacks to be met for that newly created lot, provided the entire center meets the zoning standards as a whole. Action: Action: • The Council approved the Planning Commission recommendation to allow the creation of new industrial and commercial lots for lease or sale through a BSIP. 4. Phasing of Final Plat (TMC 17.14.040). This new section allows recording of final plats to be phased if each phase meets all development standards on its own and each phase provides adequate circulation and utilities to serve that phase. By allowing phasing to occur, more options are available to the developer, which may encourage subdivision activity. V.:. .tJ.:4£°:5k�ti4iTidb3i+3t92'Yi?N'+`1t!iasrsau'.` i�kt^ixi,S�a.iiveaec"iem xw.w«.� Page 2 ro gek Action: • The Council decided to approve the Planning Commission recommendation to allow phasing of final plats, so long as the lots in each phase are contiguous. 5. Subdivision Road Standards (TMC 17.20.030(c)(6)(C) and (D)). z This is the first time the specific road standards required at the time of subdivision have 1 W been identified. They include full width improvement for streets that are interior to a ce subdivision and half width improvement for roads on the perimeter of the subdivision. 6 o CO 0 Action: (o _ u) u_ • The Council approved the Planning Commission recommendation to require frontal w 0 improvements. aQ 6. Short Plat Road Standards (TMC 17.20.030(c)(6)). I" w z1 The existing and proposed ordinances do not clearly state whatpublic road improvements o are required for short plats of four lots or less. The intent is that ultimately the public roads z j serving a short plat will be constructed to the applicable standard as set forth in TMC o 17.20.030(c)(6). That section however, does not indicate the extent to which a short plat o 52 must contribute to the ultimate road construction. W w 1-- �o w ..z U= P. z Action: The Council decided to do the following: • Require L.I.D. no protest agreements for on-site frontal improvements and sidewalk easements for public streets on short plats of 4 or fewer lots. On-site construction includes those roads either adjacent to, or within the interior of the plat. • Require curb, gutter and sidewalk for on-site road construction when there are five or more lots. 7. Range of Road Widths (TMC 17.20.030(c)(6)). Comprehensive Plan policies 1.6.2 and 7.4.4 call for narrow residential road widths. Proposed is a range of paving and right-of-way widths, with the lower end of the range to be used unless additional width is needed. This determination is to be made by the City Engineer. Action: • The Council decided to approve the road width ranges recommended by the Planning Commission in the draft ordinance. • Page 3 a5 nRip„ ',t,5fnt1_,._,... �4'r'.+itj s;rti'c.?P}HiiN =',Mgrv, ,,� {W 8. Standards Relating to Emergency Access The Tukwila Fire Department has informed DCD that current subdivision code standards relating to public road emergency access are unacceptable (see June 9, 1997 memo from Chief Olivas, attached). These standards were "carried -over" from the existing code into the proposed code without significant discussion by the Planning Commission. 1-- w The Fire Department recommends that Section 17.20.030 be modified as follows: ce j JU 17.20.030(c)(6) (Page 38): Revise the standard for cul-de-sac turnaround roadway co o o pavement from 60 feet diameter to 81 feet diameter. This would also necessitate w Lu increasing the right-of-way for cul-de-sac turnaround from 80 feet to at least 92 feet, to -J 1- provide adequate space for curb and sidewalk. uj 0 u -Q cn =a • The Council decided to increase the cul-de-sac standard to the Fire Department I- w Z '- recommendation for multi -family development and commercial zones. i- O zF- W w 17.20.030(c)(6)(ii) (Page 39): Remove the provision allowing the 15% maximum street M o grade to be increased to as much as 18% for short distances where approved by the Fire o cn Marshall. o1- 111 uj 1- ww �� LIo Z • The Council decided to keep the current standard which allows up to 18% grades. . 2 o 1-- Action: Action: ISSUES RAISED BY THE CITY COUNCIL AND STATUS OF COUNCIL REVIEW The Planning Commission's recommended draft Subdivision Ordinance was presented to the Community Affairs and Parks Committee in May. The CAP forwarded it to the COW for detailed review. The COW held work sessions on June 23, July 14 and August 4 and wanted to further explore the following questions. Where appropriate the question is followed by options for Council action, with the first option being the Staff recommendation. 1. What type of public notice would be required for 5-9 lot short plats? Currently short plats are treated as a Type 2 decision which does not require public notice unless SEPA is triggered, in which case the site is posted. Page 4 ae z Action: • The Council decided to amend TMC 18.104.090 to add short plats of 5 through 9 Lots as a special case which requires both posting and mailed notice. 2. Could a person create an unbuildable lot if the APRD requirement is dropped for boundary line adjustments and short plats? Action: • The Council decided that additional language should be added to specifically state that no lot shall be created that does not contain an adequate building site, given the environmental considerations of the lot. 17.20.030 General Standards (a) Environmental Considerations (1) Land which contains a sensitive area or its buffer as defined in Title 18, or is subject to the flood zone control ordinance as defined in Chapter 16.52, shall be platted to reflect the standards and requirements of the sensitive areas overlay zone, Chapter 18.45, the planned residential development overlay if required pursuant to Chapter 18.46, and/or the flood zone control ordinance, Chapter 16.52. No lot shall be created that does not contain an adequate building site, given the environmental considerations of the lot and current development standards, 3. Should APRDs continue to be required for multi -family or commercial short plats? 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Z CU co I- () z 5. Could the City have different cul-de-sac standards for residential and commercial areas? We could add separate residential and commercial cul-de-sac standards to the road width table at TMC 17.20.030 (c) 6 (A). Action: • The Council decided to keep the current standards for single family development and increase the diameter to 81' for multi -family and commercial development. 6. Should the term "Short Subdivision Committee" be defined? The term "short subdivision committee" is defined in section 17.12.020 (b) (2) of the draft code, but not in the "Definitions" section of the code. Since 17.12.020 (b) (2) deals with procedures, including a definition at that location is awkward. Subsection (b) (2) could be renumbered and relocated to the "Definitions" chapter. Action: • The Council decided to relocate the definition of "short subdivision committee" to the Definitions chapter of the Code. 7. Should street and cul-de-sac standards be specified in the subdivision code, or should the code simply reference the adopted Public Works Standards? Action: • The Council decided to retain key standards within the Subdivision Code. 8. Should the Subdivision. Code be specific about the status/need to remove non- residential structures (accessory buildings) from newly created lots having no iresidehtial.structure ?< n occasion a short plat, boundary line adjustment'or subdivision may result in an accessory structure being the'only structure remaining on, a newly created lot. This:'.:; causes concerns regarding the potential :for converting a'residential parcel toga commercial or other non residential use It has been our practice to regwre the remova of such structures However, under certain circumstances we have allowed a non residential structure to remain ".alone" on a lot temporarily (for example, if the owner intends to immediately build a house on the lot and provides a bond or other performance guarantee: :.... . Page 7 ,71 • ISSUES RAISED AT THE PUBLIC HEARING AND STATUS OF COUNCIL REVIEW 1. Should Language about enhancing pedestrian access to the shoreline given at 17.20.030 (b) (3) be removed and the issue deferred to the update of the Shoreline Master Program? Action: • The Council decided to remove the language from the subdivision code and implement the Policy through the Shoreline Master Program. 2. Should the definition of lot frontage be changed? Action: • The council decided to delete the definition. 3. Should the definition of right-of-way be changed? Action: • The Council decided to change it to "A right belonging to a party to pass over land of another" (from Black's Law Dictionary). CONCLUSION When all policy issues have been resolved staff will prepare an updated subdivision ordinance for final Council review with Council changes from the Planning Commission Recommendation in strikeout/underline format. 1 Page 8 .'stn=1!*Yt.ttt'?Y*YsoYcmres,'Pt rro!rn ,tYr'C,WvP re re=n! ta.rrw kw4 r.r were.vooft n,lw:Ytgt )'-'VN t„ r'P;i!!.""+ $?ASP1Fu4° :1$ i)(7,7) Tukwila City Council Agenda John W. Rants, Mayor John McFarland, City Administrator Jim Haggerton, Council President Councilmembers: Pam Carter • Joe Duffle Allan Ekberg • Joan Hernandez Pamela Linder • Steve Mullet CONIIVIITTEE OF THE WHOLE October 27,1997 Tukwila City Hall 7:00 p.m. Council Chambers 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. SPECIAL King County Airport Master Plan: PRESENTATIONS . Cynthia Stewart, Manager, King County Airport 4. CITIZEN'S At this time, you are invited to comment on items that are not COMMENTS included on this agenda. 5. SPECIAL ISSUES a. Non -represented salary study. (Page 3 ) b. Discussion of Committee of the Whole staffing/minutes. (Page 5 ) c. An ordinance regarding transfers, salary increases, bids, and unbudgeted equipment or fixed asset items. ( Page 11) d. An ordinance designating the Finance Director of the City as the official authorized to make declarations of official intent on behalf of the City. (Page 17) e. Zoning code amendments: ( Page 25) 1) Brew pubs 2) Essential public facilities 3) Height limitation - Family Fun Center f. Subdivision ordinance deliberations. ( Page 49 ) g. Non -conforming use deliberations. (Page 63) 6. REPORTS. a. Mayor - Third Quarter Report (under separate cover) b. City Council c. Staff d. City Attorney e. Intergovernmental 7. MISCELLANEOUS 8. EXECUTIVE SESSION 9. ADJOURNMENT The City of Tukwila strives to accommodate people with disabilities. Please contact the City Clerk's Office by noon on Monday if we can be of assistance. z p—Z 00 0)0 co w J u_ wo LL? = F— w_ z� I-0 zF— LU w 0O co 0— 0 I— wW --o .. w U= 01— z r. •�a.e F r••. /mg AIM VIM • `�..d re. ®i I glair VIM ,„m HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular Meetings - The Mayor, elected by the people to a four-year term, presides at all Regular Council Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings - Council members are elected for a four-year term. The Council President is elected by the Council members to preside at all Committee of the Whole meetings for a one-year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during CITIZENS COMMENTS.. Please limit your comments to five minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters. PUBLIC HEARINGS Public Hearings are required bylaw before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side .is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5 After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6 After the Public Hearing is closed, the Council may discuss the issue among themselves without further public testimony. Council action may be taken at this time or postponed to another date. Go LiNCIL AGENDA SYNOPSIS ---------------------Initials Meeting Date Prepared by Mayor's review Council review 5-27-97 S.L. Agenda Item Title: Subdivison Ordinance Update. 6-23-97 S.L. Timeline: 7-14-97 S.L. Recommendations: Sponsor: Committee: Administration: Planning Commission recommends approval of the ordinance. 7-21-97 S.L. Cost Impact (if known): Annual reduction of $1,000 - $2,000 revenues generated from fees. 8-4-97 S.L. 10-27-97 S.L. , S111!‘i ITEM NO. ::.:.:::. INFORMATION : ::.. ; :.:.: I'1 M CAS Number: REF: 97-078 Original Agenda Date: 5-27-97 Agenda Item Title: Subdivison Ordinance Update. Original Sponsor: Council Admin. X Timeline: Sponsor's Summary: Following two public hearings, the Planning Commission has forwarded this ordinance update with a recommendation of approval. Council discussed the ordinance at the 8/4/97 COW meeting. Staff suggests the Council first reach concensus on the outstanding policy issues prior to conducting a detailed review of the draft ordinance. Recommendations: Sponsor: Committee: Administration: Planning Commission recommends approval of the ordinance. Forward to COW. Cost Impact (if known): Annual reduction of $1,000 - $2,000 revenues generated from fees. Fund Source (if known): NA. CORD .:OF'.COUNCIL ACTION Meeting Date Action 5-27-97 Briefing on proposed changes. 6-23-97 Continue to discuss changes. 7-14-97 7-21-97 8-4-97 Set a date for public hearing Public Hearing held on the ordinance Discussed policy changes 10-27-97 PPENDIC Meeting Date 5-27-97 Attachments A - Staff Memorandum 5-27-97 5-27-97 B - Process Flow Charts C - Draft Subdivision Ordinance 5%2797 `6A3-97 7-1 t47 D - Planning Commission Public Hearing Minutes E - Staff Memorandum F - Staff Memorandum r.: ��r�Mf�;'n.^,g'.'T;n%r\94 '��' �. Kat+y,•Y,o-H :"z*.. • ''"..;.,_ COUNCIL AGENDA SYNOPSIS 7-14-97 G - Clean Version of Ordinance 7-21-97 H - Notice of Public Hearing 8-4-97 I - Staff Memorandum 10-27-97 J - Staff Memorandum TO: FROM: RE: DATE: City of Tukwila Department of Community Development MEMORANDUM Tukwila City Council Steve Lancaster, DCD Director ATTACHMENT J John W. Rants, Mayor Steve Lancaster, Director Subdivision Ordinance Policy Issues and Public Hearing Comments October 22, 1997 tl�l (Note: This is a revised version of the memo included in the Council packet for August 4. It has been updated to reflect Council policy decisions made at that meeting.) BACKGROUND The Planning Commission held two public hearings on the Subdivision Ordinance update and forwarded a draft ordinance with a favorable recommendation for adoption to the Community Affairs and Parks Committee in May. The CAP forwarded it to the COW for detailed review in June. A public hearing to allow further public comment on the subdivision ordinance was held July 21, 1997. The Council held a worksession on August 4th and made tentative decisions on some issues, while others will require additional discussion. Issues that require further discussion are boxed and shaded in the text. Provided below is a summary of the key policy issues for the Subdivision Ordinance update raised by the Planning Commission and the Committee of the Whole, gathered from staff's previous memos as well as the public comments given at the July hearing. It is suggested that before embarking on a detailed review of the ordinance that the Council come to an agreement on the key policy issues. SUMMARY OF PLANNING COMMISSION RECOMMENDATIONS AND STATUS OF COUNCIL REVIEW Planning Commission recommendations incorporated into the draft under consideration are presented below, followed by bullets with alternatives. 1. Allow short plats for up to nine lots (TMC 17.12.010). Currently any subdivision of four or fewer lots is treated as a short plat. The proposal would allow any subdivision of nine or fewer lots to be treated as a short plat. Short plats s • . c:\subord\cowissue.doc Page 1 51 6300 Southcenter Bnulevvrri ,Sufte #100 • Tug-v.41a. Wachlnotnn OR IRR • 12nhl d t.gA7n • ray i2nA) e� 1.7/51ss of 5 or more lots would have to meet the same development standards as a full subdivision. Action: • The Council decided to approve the Planning Commission recommendation allowing short plats of up to nine lots, with those of five or more lots meeting full subdivision development standards. :Eliminate the PRD requirement for short plats; and: boundary adjustments (TMC 18.45.060 Zoning Code Short plats and BLA's are currently required to go through an administrative planne residential development (APRD) permit process when there is a sensitive area on the site. APRD's are required to provide a minimum of 20% common open space This standard can be difficult for short plats and boundary line adjustments to meet and would result in small tracts being created which have marginal environmental and/or recreational value. Action: The Council would like to discuss thisfurther. Options receiving support by Council were: �;..:. Require APRD's for short plats of five or more lots whenever there is any sensitive:: • area (wetland, watercourse, steep slope) on site, and require APRD's for 4 or fewer lot short plats only when there is a wetland on site, or Require APRD.'s for' short plats onLy when there is a wetland on. site. Do not require APRD's for BLA's, as recommended by the Planning Commission. Cr9Mp F1c.n — �e,,c�� ait�n K. \ off- !�7t.6 3. Binding Site Improvement Plan (Chapter 17.16 TMC). The proposal is intended to use the BSIP to provide flexibility with zoning, by allowing a BSIP not only with leased property, but also with new lots that are created within an industrial or commercial center. The ordinance would allow sale of a portion of a commercial or industrial center without requiring zoning ordinance standards such as landscaping and setbacks to be met for that newly created lot, provided the entire center meets the zoning standards as a whole. Action: • The Council approved the Planning Commission recommendation to allow the creation of new industrial and commercial lots for lease or sale through a BSIP. c:\subord\cowissue.doc Page 2 67141\ v- 4 f;�Y�. �tira.71't � };vYplrrwfit�-;7`+'a: d�.x'tra,.4{Y+lnr,.;a;�:»+a,:N.y !�r le;,7 u�14'0••It,f 'iM, ..1,:n.!- r• , N4! ?A• v`•R Y- YJ.:�a...�..li may,.. �7,.•� Lu. ..��F dy f.f.ri This new section allows recording of final plats to be phased if each phase meets all develop•ment standards on its:*ii..and each phase provides adequate circulation and utilities to serve that base B allowm p y g phasing to ocur,m core options are available to '0..i.4'.0.1op�e•-r, wmy hich aa encoencourage subdivision activity Action.:' The Council would like to discuss this further, alternatives are Approve the Planning Commissionrecommendatton to allowphasing of • No change from current practice Leavethe issue silent In the ordinance • Do not allow:phasing;to occur 6 G'l `.�✓l'2a'�v�/�- l� ��Qc.c�`r ���. pre tes-+ 1- —G -G- ✓c',.'1�.�, ..,C ��� :. ? 5. Subdivision Road Standards (TMC 17.20.030(c)(6)(C) and (D)). This is the first time the specific road standards required at the time of subdivision have been identified. They include full width improvement for streets that are interior to a subdivision and half width improvement for roads on the perimeter of the subdivision. Action: • The Council approved the Planning Commission recommendation to require frontal improvements. The existing and proposed ordinances do. not clearly state what public road improvements ;. are' required for short .plats of four lots or: less The intent is: that ultimately: the public roads serving a short plat will be constructed to the applicable standard as set forth in TMC i7..20:030(6)(.6) That:sectionhowever, does not indicate the extent to which a short plat must contribute to the ;ultimate road construction We suggestthe: short plat standards be discussed as part of the CityCouncil's consideration of this ordinance ` We surveyed, neareir requirements Those findings are attached ... fie Council would like to discuss this further,:alternattves are Require L.I.D.no protest agreements for on site frontal improvements and sidewalk easements on short•plats of 4 or fewer Iots.: On site construction Includes those roads either adjacent to, or within the Interior of the plat �� G:S::.:nk- Require curb, gutttterand sidewalk for onsite road construction whenthere.are five, or more lots Ger, s�vu4 k \ (Ocwt S • A c':\subord\cowissue.doc Cn itscvv4- 40(,. J0 L t� Page _ 7 :, �A& bord\cowissue.doc Require'short plats to construct off-siteimprovements:whennecessary Short plats could tugger the need for off site roadconstruction when there is.no unproved public:: ;:road leading to.the site Require: subdivisions: to construct off site`improvements when necessary Zan .7 . •.ca or narrow rest enti :roa :wi s right of way'.vidths, with the lower end of the range to needed This determination is to be madeby the City the are narrower than the existing standards, see The: Fire':D:epartr en as follows ' increasing the right of way provide adequatespace for evise:: the': standar• d; Teter :to 8'l feet'diameter o•r cul.de sac.turnaroun curb and. sidewalk 1/kT1aitt FNAi.AlpySrlf itt:S fS• Page 4 64 age 39) emove the provision allowm� to as::much as::18% o for short distances w the..15% maxunum street e•r• e approved by the Fire The Council would•like to discuss flus further; alternatives.a� • Keept; the currenstandard which allows:up to 18% grade, Delete the'provision: and limit street grades •to 15% ISSUES RAISED BY THE CITY COUNCIL AND STATUS OF COUNCIL REVIEW The Planning Commission's recommended draft Subdivision Ordinance was presented to the Community Affairs and Parks Committee in May. The CAP forwarded it to the COW for detailed review. The COW held work sessions on June 23, July 14 and August 4 and wanted to further explore the following questions. Where appropriate the question is followed by options for Council action, with the first option being the Staff recommendation. 1. What type of public notice would be required for 5-9 lot short plats? Currently short plats are treated as a Type 2 decision which does not require public notice unless SEPA is triggered, in which case the site is posted. Action: • The Council decided to amend TMC 18.104.090 to add short plats of 5 through 9 lots as a special case which requires both posting and mailed notice. 2. Could a person create an unbuildable lot if the APRD requirement is dropped for boundary line adjustments and short plats? Action: • The Council decided that additional language should be added to specifically state that no lot shall be created that does not contain an adequate building site, given the environmental considerations of the lot. 17.20.030 General Standards '11 c:\subord\cowissue.doc +a£+SGi:i b;i`ktm".�u?M a:,t+"a�. • bi�fdn..tli0 S��' �" 1..ri:lir . Page 5 ' y' .'e§;y�rf?':;Y'H.cM1;;+w,' �iy;'/dr�:� St•a$41t rIli tx a e:!.t. rrJP. fns;. z .rf h'itt ✓• � '•.��L�.:1l.Lr.r"r3Y.i•.•i J.L iY ldl i i� 1 (a) Environmental Considerations (1) Land which contains a sensitive area or its buffer as defined in Title 18, or is subject to the flood zone control ordinance as defined in Chapter 16.52, shall be platted to reflect the standards and requirements of the sensitive areas overlay zone, Chapter 18.45, the planned residential development overlay if required pursuant to Chapter 18.46, and/or the flood zone control ordinance, Chapter 16.52. No lot shall be created that does not contain an adequate building site. given the environmental considerations of the lot and current development standards. This issue can.. be. discussed with Planning Commission reconunendatton Can the City require frontage dedication as part of a short plat? • While the ability of the City to require frontal improvements for 5-9 lot short plats is explicitly given in TMC 17.20.030 (c) 6 (D) the ability to require additional frontage dedication is not as clear. :. Any dedication required by. the City would have to be linked to. direct impacts of the new development eneral Standar (1) Extension' Proposed street systems shall extend existing streets at the sameor greater width, unless otherwise approved by the Department of Public Works and authorized by the City Council in approval of the plat..Where appropriate, streets. shall be extended to the boundaries of the plat to ensure access to neighboring properties .The City's goal is to have an integrated system of local:streetsrather than a system of cul de sacs whenever practical Grading of steep topography may be necessary to achieve this objective. However, in sensitive; areas, the layout and construction of streets shall: follow.: Action•. G ✓ c �Cs31' � J C�� -de,-- nSG O./ft-- ¢/:Q, • (-720k— loe- :\subord\cowissue.doc , i7::.c+4;Spam 9YaiikikkurA Page 6 :discuss the above change proposed by Steve Mullet; 'regiure a change to 17 20 030 (c) (6) Cul de sacs; : Cul de sacsare not: allowed unless there is no reasonable alternative or the::. ' cul de sac isshown on an officiali ado ted street lah.:.When allowed the shall not exceed .alen of six hundred 600 feet The: Council' would: like::Staff to draft :additional language to explicitly state under what conditions the City will require additional'frontage dedication The following language could be added to the end of the street extension section: quoted above J7edication of additional right-of-way maybe required for a short platwhen itis :necessary to meet the rninimum.street width standards or when lack of such dedication:wouldfcause or'contrihtite to an unsafe road •or intersection,, :have different cul-de-sac standards for.: residential and We could add separate residential an table at TMC 17.20 030 (c) 6 (A) 6. Should the term "Short Subdivision Committee" be defined? The term "short subdivision committee" is defined in section 17.12.020 (b) (2) of the draft code, but not in the "Definitions" section of the code. Since 17.12.020 (b) (2) deals with procedures, including a definition at that location is awkward. Subsection (b) (2) could be renumbered and relocated to the "Definitions" chapter. Action: • The Council decided to relocate the definition of "short subdivision committee" to the Definitions chapter of the Code. 7. Should street and cul-de-sac standards be specified in the subdivision code, or should the code simply reference the adopted Public Works Standards? Action: • The Council decided to retain key standards within the Subdivision Code. K* • r c:\subord\cowissue.doc fg-W.sk,;4,ia.Gi<rx4di4•At{,meW4M, ��•"� Page 70 ;:fg„`:t "�I iFFiIi�SY rte {g��r a'nc �'t>n�.mt µ .3�t'^7:�LiyNy4.3•F!rmwy r:^T�+� �N :�;;��3'7'4;'n„^ %•''tal �'f , T' f^,`y`.". z ~ w Q:� JU UOQ U) J Wo —12 a w z= o z�- w UQ ON Q F— WW H0 LLO WZ U= o1 - z Should the Subdivision Code be:specific:about:the status�need:t • specific :.... o remove no residential structures (accessory buildings) from newly created lots havinno: residential structured vn occasion a short plat, boundary line adjustment or subdivision may result iri: an accessory structure being the only structure remaining on a newl created Iot This Y. causes concernsregarding the potential for converting a residential parcel•to a commercial or other non residential use It has been our practice to require the remova of such structures However, under certain circumstances we. have allowed a' non residential structure to remain•alone on a lot temporaril for exam le if the owner , y ( p intends to immediately build a house on the lot and provides a bond or other perforrriance uarantee• Action: >: The Council asked staff to draft specific language identifying under what conditions. non residential buildings may be allowed to temporarily remain on newly created residential lots 17.20.030 General Standards h) Compatibility bility with existing land use and plans • (5) Tf a subdivision; short plat. or boundary line adjustment in a residential zone • would result in an accessory structure remaining alone on a lot the structure must • •`'•• • P' 'r- . el iina a..r.v. e'amount of 150% of the cost of demolition arid assurance that t ructure will be demolished if a re idence i of final approval: ISSUES RAISED AT THE PUBLIC HEARING AND STATUS OF COUNCIL REVIEW 1. Should language about enhancing pedestrian access to the shoreline given at 17.20.030 (b) (3) be removed and the issue deferred to the update of the Shoreline Master Program? Action: • The Council decided to remove the language from the subdivision code and implement the Policy through the Shoreline Master Program. 2. Should the definition of lot frontage be changed? \subord\cowissue.doc 'ir"lCr" Page 8 w • \,-,1ace?P :rte"' r z • • ~w it L O 0 CO 0 w= w0 2 g< cn =w z� zI- w • w 0 O - O H wW 1-- I- -O wz • = 01— z Action: • The council decided to delete the definition. 3. Should the definition of right-of-wav be changed? Alternatives: • The Council decided to change it to "A right belonging to a party to pass over land of another" (from )3lack's Law Dictionary). CONCLUSION When Council has given staff direction on the above policy issues Staff will prepare an updated ordinance for final review. �1 7 c:\subord\cowissue.doc :i � x!Fk•%y 3"= :Til: .h.�YIiR�H.ti►.A`fS4' 7'd"f .'^ tCdt{b1tr. Page Road Standards in South County Jurisdicti F a.) 0 o WIM 30' Not stated 200' 4 No No Only public roads Not specified 80' 60' Q) = 0 Z d d D b M N N Z- Req. if existing in neighborhood, or through future LID All short plats To match existing 00 $773 per PM peak trip C (V �O M In zero lot line dev. 24' 20' 600' for cul-de-sac For 5-9 lots For 5-9 Lots All short plats Not specified Not specified Not specified Park fee 5+ lots** School fee *** vl M 26' 20' 500' 6 Req. if existing in neighborhood All new roads To match existing O O — Q, Impact Fees Park Mitigation**** Fees for roads and Traffic $750 schools vary by zone Parks $530 apply to all new dev. Fire $483 Up to 16 lots 40' 22' 21ots 3-6 lots 7-16 lots 20' 26' 40' 18' 22' 22' 150' for up to 6 lots 16 Roads over 150' 2 or more new houses All short plats Generally for 3+ lots * * * * 0 OOO ko o to N 21ots 3-4 lots 20' 40' 18' 22' None 4 Req. for 2 or more new houses All short plats If required for access O O CO Residential Access Roads Width of ROW Width of Paving Private Access Roads Width of Easement Width of Paving Maximum Length Maximum lots served Improve. Req. at Short Plat On-site Improvements Sidewalks Curb/gutter Paving Frontal Improvements Cul-de-sac Diameter Width of ROW Width of Paving 4) op V Q) Ld 4) .0 O CCS o a) O - 91 ctIrn H E E - a)• o 0 0 > 15 z r 4 . .-. cC U y V) _ t.-. •E 4) 9 4U., o N t. Cd 4) A > tV CO7.1 �, b aD0 fu co C C OH o0 O -� U ) 'D 0. N 4) N CZ C) co O td = x • 'uco 0 9 t'Oc 0 0 af o. m 'r Lir c::, to 4.4 0 to 'b CU V H 0 y 4) O ml td a Cr GS0 4)Cr D y w L :II- i.,N.,.Oi C a A. ami 40) C N G U ▪ tti'.tn y• CO R C C C A cid 0 U w C o C c) O .o O .o C NL., (n LL.., O 0 .... U O 0) w n, N * * * * * * * * * * * * * * * \LP cn CQ V) 3 cria) 0 0 1-4b C -03 an H w 0 0 0.4O w �U Roadway Pavement Current Residential Commercial 60 feet I ... a) w 00 ., a) w 00 60 feet dia. 20 feet Not stated 60 feet 15 L.,., 00 36 feet 30 feet 26 feet 60 feet dia. 15 feet Not stated 1 Proposed 48 - 84 feet .... Q) %0M M 24 - 48 feet 1:15 . a) (2 1 00 26 feet 60 feet (diameter) 15 feet 20 feet 6) w co ("Ni >a CI o Current Residential Commercial 175 feet 60 feet 50 feet 80 feet dia. 120 feet I 40 feet 80 feet 75 feet 60 feet 50 feet* 40 feet 80 feet dia. 20 feet 30 feet Proposed 80 - 100 feet w CI 60 - 80 feet w 0 40 feet 80 feet (diameter) 20 feet 20 feet 40 feet Type of Street 0) = L. U (Major Arterial Secondary Arterial Collector Local Street U a) �, 0 (13 r 0 Turnaround a) Private Access Roads Proposed Principal Arterial Minor Arterial Collector Arterial 'Access Road U A � 7 0 ccs ITurnaround a) 0 Q !Private Access Roads Residential 71 0)) E 0 0 at�bxk;SPaciwdaikeiGi,..* '4M^ .`'taii ksi, .t`L,41.* cel To: From: Subject: Date: City of Tukwila John W. Rants, Mayor Fire Department Steve Lancaster Chief Olivas Subdivision Ordinance Conflicts June 9, 1997 Thomas P. Keefe, Fire Chief Per our discussion last week, we have two issues with the proposed Subdivision Ordinance. First, the fire department requires a Cul-de-sac diameter of 81 feet (radius of 40.5 feet). This diameter is necessary to accommodate the ladder truck. We do not allow sidewalks to be part of the required radius for two reasons. First, sidewalks are not designed to hold the weight of our apparatus. Second, most Cul-de- sacs are in residential neighborhoods. Children are drawn to fire trucks; using a sidewalk as part of a turnaround is an accident waiting to happen. Second, City Ordinance 1741 (Adoption of The Uniform Fire Code) specifies a maximum grade of 156. for fire apparatus access. roads. It is unlikely we would grant a variance allowing a grade in excess of 150. 1 look forward to working with you to resolve these two issues. I will be available for further discussion at your convenience. .siN091991 kelm. OOMMUNIr( J• :lLOPMENT ` . °/=L 'd: L'2:';°:'s Station: 444•4ndot'pr Park Fart • Ti.'kV.'1/.?. i';/:ch+nr!nn 0.q1 R.4 • Phnnn• (9,1/,) C S'. !.'ft)? • r_%•. /7^A) c7C'/•4.. . .. .:ic: L ''n-4'' , .. 4-0. ..5 i�; j.iha•�i}n. � .n�iw:',L`.i.C':.N:3 V.l. i �y',,. a;;i°ciwau�i � tiil its ,> a d� ;rx ;'r a;33 hies "44 b.:4 •t* &' 41:44 . 440, ur 144 `.:5.' 11/4 MEMORANDUM TO: Mayor Rants Community Affairs and Parks Committee FROM: Steve Lancaster RE: Accessory structures on newly created lots DATE: July 24, 1997 During the work session on the subdivision ordinance held by the COW on July 14 a question was raised about how Tukwila Dandles residential short plats, boundary line adjustments or subdivisions that result in an accessory structure (garage, greenhouse or storage shed) being left on a lot without a house. We do not allow this to happen, unless the structure will be torn down before the change is recorded or the owner provides a bond for the cost of demolition with the condition that a house or other permitted use will be built on the lot within a specified period of time. The reason for this requirement is that in our residential zones (LDR, MDR, and HDR) garages, greenhouses and storage sheds are only allowed as accessory structures "customarily appurtenant to a permitted use, and clearly incidental to such permitted use." Under our current code we cannot allow an accessory use to be established on a lot without an existing permitted use. Changing this zoning code requirement would be outside of the scope of the current Subdivision Ordinance update, but the Council may wish to address it separately. Staff will be prepared to discuss this matter with the CAP at its July 29 meeting. }J14:�ui4Si 4£ ? 'Aka":N +i� . "�.. tlegr • t C- C2/Y1 CVNe71.1- vn -� c`'�/e/ 1c„..1 MEMORANDUM TO: Tukwila City Council FROM: Steve Lancaster, DCD Director RE: Subdivision Ordinance Policy Issues Revised to Include Public Hearing Comments DATE: August 4, 1997 (Note: This is a revised version of the memo included in the Council packet for July 21. It has been updated to reflect Public Hearing comments, beginning on page 10.) BACKGROUND The Planning Commission held two public hearings on the Subdivision Ordinance update and forwarded a draft ordinance with a favorable recommendation for adoption to the Community Affairs and Parks Committee in May. The CAP forwarded it to the COW for detailed review in June. A public hearing to allow further public comment on the subdivision ordinance was held July 21, 1997. Provided below is a summary of the key policy issues for the Subdivision Ordinance update raised by staff, the Planning Commission, and the Committee of the Whole, gathered from staff's previous memos as well as the public comments given at the July hearing. It is suggested that before embarking on a "page by page" review of the ordinance that the Council come to an agreement on the key policy issues. SUMMARY OF STAFF CHANGES Staff proposed changes incorporated into the draft ordinance are intended to achieve several objectives: • Ensure the ordinance is consistent with, and contributes to implementing the Comprehensive Plan. • Ensure the ordinance is consistent with other state and local laws and current practices. • Provide sufficient detail to the public and City staff as to the procedural requirements of the ordinance. • Organize the regulations to be as user friendly as possible. Summarized below are the more significant changes recommended by staff in the draft code. c:\subord\cowissue.doc Page 1 1. Comprehensive Plan consistency and implementation. The comprehensive plan contains numerous policies that require sidewalks with new development and narrower streets to slow down vehicular speeds and improve pedestrian safety (Policies 1.6.2, 1.6.3, 7.4.4, 7.4.5, 7.4.6, 8.1.1; and 13.2.3). Toward those ends, the subdivision ordinance requires sidewalks on all public streets (short plats of 4 lots or z less are exempt) and provides a range of road widths which allows for and encourages • LLI narrower streets (Section 17.30.030(c)(6)). -1 U 0 CO 0 The plan discourages the use of cul-de-sacs (Policies 7.4.2 & 13.2.1). Existing language inW i the subdivision ordinance has been modified to reinforce these policies (ibid). u_ wo Policy 1.6.4 states we install trees along the right-of-way of major residential streets in g accordance with guidelines regarding appropriate species, spacing, and planting methods. The requirement that one tree per lot be provided has not been changed. Again, short plats = Ci of 4 or less are exempt (17.30.030(g). F- w z= Policy 1.7.4 states that we require fencing and landscape buffers between commercial andZ w residential uses. This has been done in the code (17.20.030(b)). v0 SD - Policy 1.10.8 states subdivision standards should offer flexibility and reflect the purpose of o open space network areas. This is accomplished in the PRD ordinance which provides = flexibility to the subdivision in meeting the open space requirements (Ch. 18.46). ~ " Policy 5.6.6 states that we require subdivisions along the shoreline to provide a trail for w H/ public access along the river in areas identified for trail connections consistent with the o z King County Green River Trail Master Plan and to require any property not included in the King County Green River Trail Plan to provide public access or a private natural area in lieu of physical public access. A standard has been included to encourage these connections (Section 17.20.030(b)). Policy 7.4.7 states that we underground utility distribution lines as each street is improved or constructed. This is already required in the code. No changes are proposed (Section 17.20.030(d)). Policy 7.6.4 encourages support of single-family residential in -fill housing that is in harmony with the existing neighborhood as a means of achieving adequate, affordable, and/or diverse housing. In -fill housing is encouraged by simplifying the boundary line adjustment process (Ch. 17.08), eliminating the PRD requirement for short plats, increasing the threshold of short plats to nine lots (Section 17.12.010) and not requiring frontal improvements for short plats of four lots or less (Section 17.20.030(c). 2. Consistency with other state and local laws and current practices. c:\subord\cowissue.doc Q.t^ `%7 St'.Y.�:M`4-�'i'aIl?RY�f :' 'gyr �',. ;;;:t .....�,�"�T;:.Sy'a1v Page 2 4,2 t_oeh- Numerous changes were made in this category. Some of the more significant changes include: • Eliminate treating boundary line adjustments as short plats. • Extending the life of subdivisions to five years. • Updating the application submittal requirements. • Updating the survey, certificate and recording standards. • Updating the decision criteria. 3. Sufficient detail as to the procedural requirements of the ordinance. New sections were added which identify application submittal requirements, improvement installation processes, approval and recording processes, dedication processes and improvement deferral processes. 4. Organize the regulations to be as user friendly as possible. Changes made include reorganizing the contents so that zoning and subdivision definitions are consolidated as are the improvement standards. The organization of the procedural chapters for Boundary Line Adjustments, Short Plats, Subdivisions and Binding Site Improvement Plans were modified to be consistent with each other and to follow a logical progression (from application to recording). SUMMARY OF PLANNING COMMISSION RECOMMENDATIONS Planning Commission recommendations incorporated into the draft under consideration are presented below, followed by bullets with alternatives. Allow short plats for up to nine lots (TMC 17.12.010). Ye - Currently any subdivision of four or fewer lots is treated as a short plat. The proposal would allow any subdivision of nine or fewer lots to be treated as a short plat. Short plats of 5 or more lots would have to meet the same development standards as a full subdivision. The intent of this change is to provide an incentive for investment in the neighborhoods through a shorter approval process. Short plats of five to nine lots could be approved administratively, thus saving substantial time required for full subdivisions to provide notice and conduct a public hearing. Alternatives: • No Change. Maintain the 4 lot maximum for short plats. c:\subord\cowissue.doc w, -.4,1:4 4..N, 4,44'E44tom, Page 3 .1aa' 1�i , • Increase the threshold, but to a number less than nine. • Increase the threshold, but do not require frontage improvement for short plats, regardless of size. 2. Eliminate the PRD requirement for short plats and boundary line adjustments (TMC 18.45.060 - Zoning Code). Short plats and BLA's are required to go through an administrative planned residential development (APRD) permit process when there is a sensitive area on the site. APRD's are required to provide a minimum of 20% common open space. This standard can be difficult for short plats and boundary line adjustments to meet and would result in small tracts being created which have marginal environmental and/or recreational value. Alternatives: • No change. Continue to require APRD's for short plats and BLA's whenever there is a sensitive area on site. T7 , e3c.JSS • Require APRD's for short plats of five or more lots whenever there is a sensitive area on site. 1-16-(1(I\.CZ , 6c.r .r 1 • Require APRD's only when there is a wetland on site. CALL, r> '=l . r L>) lad<�_ �0.1 ,{ a Binding Site Improvement Plan (Chapter 17.16 TMC). Binding Site Improvement Plans (BSIP) have historically been required when a business wants to lease commercial or industrial land to construct a second principal building on one legal lot. There have been few applications for BSIP approval over the years, and it is not clear what is achieved when a BSIP is approved. The proposal is intended to use the BSIP to provide flexibility with zoning, by allowing a BSIP not only with leased property, but also with new lots that are created within an industrial or commercial center. The ordinance would allow sale of a portion of a commercial or industrial center without requiring zoning ordinance standards such as landscaping and setbacks to be met for that newly created lot, provided the entire center meets the zoning standards as a whole. One situation where this may have been useful is the recently constructed Les Schwab building, where landscaping and setback requirements had to be met even though the site is functionally integrated with the larger Home Depot site. :aC-✓`5`•> Alternatives: • No change. Leave as is with BSIPs allowed only for lease of property. • Leave as is, but allow BSIP to extend to purchase of property. 4. Phasing of Final Plat (TMC 17.14.040). 3/2.. - NN r c:\subord\cowissue.doc Page 4 This new section allows recording of final plats to be phased if each phase meets all development standards on its own and each phase provides adequate circulation and utilities to serve that phase. By allowing phasing to occur, more options are available to the developer, which may encourage subdivision activity. Alternatives: • No change. Leave the issue silent in the ordinance. • Do not allow phasing to occur. Subdivision Road Standards (TMC 17.20.030(c)(6)(C) and (D)). This is the first time the specific road standards required at the time of subdivision have been identified. They include full width improvement for streets that are interior to a subdivision and half width improvement for roads on the perimeter of the subdivision. Alternatives: • No change. • Do not require improvements for perimeter streets. `✓���i 6. Short Plat Road Standards (TMC 17.20.030(c)(6)). ArtG Gk"^�The existing and proposed ordinances do not clearly state what public road improvements are required for short plats of four lots or less. The intent is that ultimately the public roads serving a short plat will be constructed to the applicable standard as set forth in TMC 17.20.030(c)(6). That section however, does not indicate the extent to which a short plat must contribute to the ultimate road construction. We suggest the short plat standards be discussed as part of the City Council's consideration of this ordinance. We surveyed nearby jurisdictions to find out their requirements. Those findings are attached. Alternatives: • Require no frontal improvements for any short plat. - -�j • Require L.I.D. no protest agreement for short plats of 4 or fewer and curb, gutter and sidewalk for on-site road construction when there are five or more lots. On-site construction includes those roads either adjacent to, or within the interior of the plat. • Full improvements versus partial improvements. Should the full width of a road be improved for a short plat? If not, what portion of those improvements should be required? • Require short plats to construct off-site improvements when necessary. Short plats could trigger the need for off-site road construction when there is no improved public road leading to the site . Memr -v yrs �� 5sce�. 11L �� - M ull e.-4- c:\subord\cowissue. doc Page 5 r .lal 7. Range of Road Widths (TMC 17.20.030(c)(6)). re--L.-L/2.4> The Comprehensive Plan calls for narrower road widths. Proposed is a range of paving and right-of-way widths, with the lower end of the range to be used unless additional width is needed. This determination is to be made by the City Engineer. The lowest z paving widths are narrower than the existing standards. t1 6011t , /trkr,_1 k�x.��v_'�• 3.2/ F w Alternatives: 6 UO • Provide only one width for road paving and right-of-way for each class of road. w • Modify the ranges of widths. �w 0 8. Standards Relating to Emergency Access • d 1--w z� o w 0 O — • 1- 17.20.030(c)(6) (Page 38): Revise the standard for cul-de-sac turnaround roadway w pavement from 60 feet diameter to 81 feet diameter. This would also necessitate 1- 7 - increasing the right-of-way for cul-de-sac turnaround from 80 feet to at least 92 feet, to LL. z provide adequate space for curb and sidewalk. v N 17.20.030(c)(6)(ii) (Page 39): Remove the provision allowing the 15% maximum street z grade to be increased to as much as 18% for short distances where approved by the Fire Marshall. The Tukwila Fire Department has informed DCD that current subdivision code standards relating to public road emergency access are unacceptable (see June 9, 1997 memo from Chief Olivas, attached). These standards were "carried -over" from the existing code into the proposed code without significant discussion by the Planning Commission. The Fire Department recommends that Section 17.20.030 be modified as follows: i-svv_r_ , A.c"; C J,nelvt cr c. c� " ..c7 avI ,26 ISSUES RAISED BY THE CITY COUNCIL The Planning Commission's recommended draft Subdivision Ordinance was presented to the Community Affairs and Parks Committee in May. The CAP forwarded it to the COW for detailed review. The COW held a work sessions on June 23 and July 14 and wanted to further explore the following questions. Where appropriate the question is followed by options for Council action, with the first option being the Staff recommendation. 1. What type of public notice would be required for 5-9 lot short plats? c:\subord\cowissue.doc `44fi' 4 -;14.14;' ,11'`".'? 4140p-auYiMIaYfi�e#;44,fY4?* 4tlrxA uw:u:�m�'•cy a;nLSySw Page 6 i Currently short plats are treated as a Type 2 decision which does not require public notice unless SEPA is triggered, in which case the site is posted. Alternatives: • No change to the Type 2 procedures. z --- • TMC 18.104.090 could be amended to add short plats of 5 through 9 lots as a special a z case which requires either posting,_mmileslmotice r bot11. cc w t _ aa JU Z��-- 2. Could a person create an unbuildable lot if the APRD requirement is U Go dropped for boundary line adjustments and short plats? w 1w This would be prohibited by Washington State law as well as the general approval N p standards in Chapter 17.20, the text of which is given below. 2 LL.Q (a) Environmental Considerations z= s-- (1) Land which contains a sensitive area or its buffer as defined in Title w o 18, or is subject to the flood zone control ordinance as defined in Chapter 16.52, w shall be platted to reflect the standards and requirements of the sensitive areas 0 N overlay zone, Chapter 18.45, the planned residential development overlay if o '— required pursuant to Chapter 18.46, and/or the flood zone control ordinance, w w U Chapter 16.52. I o w ..z U 0 I— • No change because the creation of unbuildable lots is already prohibited. z • Additional language could be added to specifically state that no lot shall be created that does not contain an adequate building site, given the environmental considerations of the lot. 17.20.030 General Standards Alternatives: 3. Should APRDs continue to be required for multi -family or commercial short plats? Very few short plats involve multi -family or commercial zones, staff is not aware of any within the past four years. Alternatives: 7 _—� • No change, because the general approval standard given above would apply the /// Sensitive Areas Ordinance to these short plats as well and prohibit the platting of unbuildable lots. c:\subord\cowissue.doc Page 7 • Change the draft ordinance to continue to require APRDs for multi -family and/or commercial sites. 4. Can the City require frontage dedication as part of a short plat? While the ability of the City to require frontal improvements for 5-9 lot short plats is explicitly given in TMC 17.20.030 (c) 6 (D) the ability to require additional frontage dedication is not as clear. Any dedication required by the City would have to be linked to direct impacts of the new development. The approval criteria for short plats include the broad requirement for appropriate provision for roads, as given in the text below. � u)o COw wo �Q _a 1-w z= )-- I- LU U� 17.20.030 General Standards. o o�- w (c) Streets. z 1— u_ (1) Extension: Proposed street systems shall extend existing streets at the same w z or greater width, unless otherwise approved by the Department of Public Works U - 17.12.020 Preliminary Short Plat Approval. (c) Criteria for Preliminary Short Plat Approval: The Short Subdivision Committee shall base its decision on an application on the following criteria: (3) Appropriate provisions have been made for road, utilities and other improvements which are consistent with current standards and plans. There is also the requirement that existing streets shall be extended at the same or greater width. and authorized by the City Council in approval of the plat. Where appropriate, streets shall be extended to the boundaries of the plat to ensure access to k ,) neighboring properties. The City's goal is to have an integrated system of local streets rather than as_y_stem of cul-de-sacs. Grading of steep topography may be necessary to achieve this objective. However, in sensitive areas, the layout and construction of streets shall follow the standards and procedures of the sensitive areas overlay zone. Alternatives: • No change to the ordinance text because the City is given sufficient authority to require frontage dedication if the situation warrants it. ---� • Add additional language to the standards to explicitly state under what conditions the City will require additional frontage dedication. A ���3L-✓ ./.'4'' eco' rt. vi -eat iDe.A 5. Could the City have different cul-de-sac standards for residential and / . commercial areas? c:\subord\cowissue.doc F>frj! tv!{;,yv;sL .„64. &.4e.tfa te.,4tot:fr;ariktiuta5k';4,1,x n",`y aka ArrIvont Page 8 IYAT pd; T.O. reit !1?a;pt.1,. ,?ke4,'V97? 'ftOrEgVf,q efEj`,•t!f"1M 11,1' 4c Mo We could add separate residential and commercial cul-de-sac standards to the road width table at TMC 17.20.030 (c) 6 (A). Alternatives: • No change, stay with the standard adopted in the Infrastructure Design and Construction Standards Manual. • Develop separate residential and commercial cul-de-sac width standards. 6. Should the term "Short Subdivision Committee" be defined? The term "short subdivision committee" is defined in section 17.12.020 (b) (2) of the draft code, but not in the "Definitions" section of the code. Since 17.12.020 (b) (2) deals with procedures, including a definition at that location is awkward. Subsection (b) (2) could be renumbered and relocated to the "Definitions" chapter. Alternatives: • • No change. Relocate the definition of "short subdivision committee" to the Definitions chapter of the Code. 7. Should street and cul-de-sac standards be specified in the subdivision code, or should the code simply reference the adopted Public Works Standards? This issue represents a trade-off between two valid objectives. By simply referring to the Public Works standards we avoid the possibility of a future inconsistency, should the Subdivision Code or the Public Works standards amended in the future without adequate coordination between the two. However, by stating the standard within the Subdivision Code, the "user-friendliness" of the Code is enhanced. Alternatives: • Remove development standards from the Subdivision Code if they are also stated in the Public Works standards. • Retain key standards within the Subdivision Code. 8. Should the Subdivision Code be specific about the status/need to remove non- residential structures (accessory buildings) from newly created lots having no residential structure? On occasion a short plat or subdivision may result in an accessory structure being the only structure remaining on a newly created lot. This causes concerns regarding the potential for converting a residential parcel to a commercial or other non-residential use. c:\subord\cowissue.doc 4t . Y:iiR?�S�L'!�Y?KYR?�l�Y�tiSRn�i�i?T(Air�'yC6. Page 9 It has been our practice to require the removal of such structures. However, under certain circumstances we have allowed a non-residential structure to remain "alone" on a lot temporarily (for example, if the owner intends to immediately build a house on the lot and provides a bond or other performance guarantee.) Alternatives: z ~ w LL. • Continue handling these situations administratively, as in the past. • Include specific language in the Code identifying under what conditions non- o residential buildings may be allowed to temporarily remain on newly created single cn - al family lots. They would not be allowed to remain permanently on a lot without a co house unless changes were made to the LDR, MDR and HDR sections of the Zoning co w Code. c =a w z= 1. Should language about enhancing pedestrian access to the shoreline given at O 17.20.030 (b) (3) be removed and the issue deferred to the update of the Shoreline w CiJo�C� Master Program? U oin- Staff drafted the shoreline access language in response to Comprehensive Plan Policy H 5.6.6 which states: - v u.O wz = 0 I - ISSUES RAISED AT THE PUBLIC HEARING 5.6.6 Require subdivisions, multi -family residential uses and commercial and industrial uses along the shoreline to provide a trail for public access along the river in areas identified for trail connections, consistent with the King County Green River Trail Master Plan. Require any property not included in the King County Green River Trail Master Plan to provide public physical access or a private natural area in lieu of physical public access. However, as drafted section 17.20.030 (b) (3) may not accurately reflect the Policy. Alternatives: • No change. • Modify 17.20.030 (b) (3) to more clearly reflect Policy 5.6.6, as follows: "(3) Subdivisions located along a shoreline shall provide a trail for public access along the river if located in an area identified for trail connections, consistent with the Green River Trail Master Plan. Subdivisions along a shoreline not so identified by the Green River Trail Master Plan shall provide either public access or provide a natural area along the shoreline" ��• Remove the language and implement the Policy through the Shoreline Master Program. c:\subord\cowissue.doc Page 10 • z C2 2. Should the definition of lot frontage be changed? The draft definition is as follows: 18.06.525 Lot frontage. "Lot frontage" means that front portion of a lot nearest the street. On a corner lot both frontages shall be considered front yards. I— w re This definition may be difficult to apply to irregularly shaped Lots, through lots or lots v o bordered by three streets. It also may be inconsistent with existing definitions for "Yard, cn 0 front" and "Yard, second front." Finally, the term "lot frontage" is not used in either the Zoning Code of the Subdivision Code, and is therefore not needed. N o w Alternatives: u. a u)a • No change. Y w • Delete the definition. Z 1 • Change to "That portion of a lot extending along a street line" (from The Subdivision z o and Site Plan Handbook). Uc 3. Should the definition of right-of-way be changed? p 0— LLI W I— LL. 18.06.xxx Right-of-way. ti.i Z "Right-of-way" means a City -owned strip of land to be used for public roads, bike o z ways, sidewalks, mass transit, utilities, or similar related public uses. 17- ~ The draft definition is as follows: The objection to this definition is that it is too complicated and specific. It also might foreclose the current option of having private streets under appropriate circumstances. Alternatives: • No change. • Change to "A right belonging to a party to pass over land of another" (from Black's Law Dictionary). CONCLUSION Staff has scheduled a work session on the Subdivision Ordinance for August 4th for the City Council to discuss the above policy issues. c:\subord\cowissue.doc ���>ti:tix:djSi iiRJxi�,5;?titx c"i', .i�.i�' 'd'wii�:xs::l:rit4': r ku 3�i5'SSlf tlbSr 'IgtoLlt:.. 'y ; `' Page 11 MEMORANDUM TO: Mayor Rants Community Affairs and Parks Committee FROM: Steve Lancaster RE: Accessory structures on newly created lots DATE: July 24, 1997 During the work session on the subdivision ordinance held by the COW on July 14 a question was raised about how Tukwila handles residential short plats, boundary line adjustments or subdivisions that result in an accessory structure (garage, greenhouse or storage shed) being left on a lot without a house. We do not allow this to happen, unless the structure will be torn down before the change is recorded or the owner provides a bond for the cost of demolition with the condition that a house or other permitted use will be built on the lot within a specified period of time. The reason for this requirement is that in our residential zones (LDR, MDR, and HDR) garages, greenhouses and storage sheds are only allowed as accessory structures "customarily appurtenant to a permitted use, and clearly incidental to such permitted use." Under our current code we cannot allow an accessory use to be established on a lot without an existing permitted use. Changing this zoning code requirement would be outside of the scope of the current Subdivision Ordinance update, but the Council may wish to address it separately. Staff will be prepared to discuss this matter with the CAP at its July 29 meeting. ,.:;q1k;.•% Mit.., ',..4i +`T,'iieol't+unt4?i:4k1:,r " `1"` Vr't re�utir) rYeti'�' lTyc 31%Sit'.��° wilt' go:. fi.`.'3' O. a:age. l . A_(-4-L/r - -v, s1 v (1 Pc..) �. v /6 7 17, 200 030 13 3 -:"Pei G. )C.✓� �V GCS I 6L) Q �..77� SVl 0 ('P�� ���, ✓ �ir.� /0 06.525 sec l Crun4s1 pro S 4,-)/ . • 1.g,o6. x/ -)t ' w 0012-7 La... j CJv bd'Ns.;) c, „�- vyer- C,JQt� c,,,41.. keit ✓►.v.... ,'rt �. ... ?W •c^'ca.r.rzu,�fF�S:-;L.;u.•�.lily;:i'+S:.�it.'cc.:.wS1'.SS+i xt�2�'�F:�t�,L�ro?.i# ew ^. iiz/h'xJl�4.�;�.a'tA},.F���3`lza".�4i4YFitJF!ctck�wa�.%. Tukwila City Council Agenda John W. Rants, Mayor John McFarland, City Administrator Jim Haggerton, Council President Councilmembers: Pam Carter • Joe Duffle Allan Ekberg • Joan Hernandez Pamela Linder • Steve Mullet REGULAR MEETING July 21, 1997 Ord #1809 7:00 p.m. Res #1377 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. CITIZEN'S At this time, you are invited to comment on items that are not COMMENTS included on this agenda. 5. CONSENT AGENDA a. Approval of Vouchers b. Authorize Mayor to sign the Seattle City Light underground construction contract for an underground electrical distribution system on 42nd Ave. S. from S. 144th St. to S. 139th St. (Cost estimated at $409,500.) (Page 3) c. Authorize Mayor to accept a permanent 25 -foot easement to construct/maintain hillside improvements (Trail #4 Bank Sloughout Repair). ( Page 9) d. Authorize Mayor to accept a permanent drainage easement at the northwest corner of the Pacific Highway Bridge. (Easement donated by The Boeing Co.) ( Page 25) 6. PUBLIC HEARINGS An ordinance amending the Subdivision Code (Please bring your draft copy) (Page 37) 7. OLD BUSINESS a. A resolution increasing the change fund and adding petty cash fund in the municipal court. (Page 41) b. An update on the Regional Governance and Finance Study (Page 45) 8. NEW BUSINESS A resolution setting a public hearing date for vacation of a portion of 55th Ave. S. from S. 139th St. to S. 140th St. (Page 55) (Petitioners: Mr/Mrs. Fred Van Ieperen, Mr./Mrs. W.C. Werle, Jerry Lessor, Sandra Thomas, Louis Bentler) 9. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 10. MISCELLANEOUS 11. EXECUTIVE SESSION 12. ADJOURNMENT The City of Tukwila strives to accommodate people with disabilities. Please contact the City Clerk's Office by noon on Monday if we can be of assistance. HOW TO TESTIFY 11 you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. ec Regular Meetings - The Mayor, elected by the people to a four-year term, presides at all Regular Council o 0 Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the w = form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular -J 1- U) Council meetings. w 0 Committee of the Whole Meetings - Council members are elected for a four-year term. The Council g n- u_ is elected by the Council members to preside at all Committee of the Whole meetings for a cnc one-year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. I W Issues discussed are forwarded to the Regular Council meeting for official action. z = GENERAL INFORMATION I -- w At each Council meeting citizens are given the opportunity to address the Council on items that are not v CP - included on the agenda during CITIZENS COMMENTS. Please limit your comments to five minutes. o �- w Special Meetings may be called at any time with proper public notice. Procedures followed are the same as ►_- those used in Regular Council meetings. Li.z 0.1w Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters. O 1- z PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed, the Council may discuss the issue among themselves without further public testimony. Council action may be taken at this time or postponed to another date. 17.0812.040 Expiration period. :ExpQrien cOm` tete ............................... :s If the short plat is not -filed recorded within six -months one (1) year of the date of preliminary short plat approval, the short plat shall become null and void. Upon written request by the subdivider prior to the expiration date, the Short Subdivision Committee may grant one extension of not more than six months one (1) year. 17.0812.0504.00 Limitations on further subdivision. 3'he cli3an f1t�NE1�P�1 ge belo r i nottve. ie/3consEsteric aw #or.raau ;with state Any land subdivided under the requirements of this chapter shall not be further divided for a period of five years without following the procedures for subdivision, except when the short plat contains fewer lots than allowed for a short plat, in which case an additional short plat may be approved if the total number of Tots within the boundaries of the original short plat does not exceed 9 17.12.060 Contiguous Short Plats (Note: this entire section is a staff revision) No application for a short plat shall be approved if the land being divided is held in common ownership with a contiguous parcel which has been divided in a short plat within the preceeding five years and the total number of Tots, created in both short plats would exceed nine. When the total number of lots exceeds-ftve7 but is less than ten, the paving, curb, gutter and sidewalk shall be provided per TMC 17.20.030(c)(6)(C). Sections: 17.12.0-1---Purpoee 17.124.0210 17.124.0320 17.1244.04$0 17.14.040 17.14.050 Chapter 17.124 DETAILED PROCEDURES FOR SUBDIVISIONS Scope. Preliminary plat. Final plat-proceduces. Expiration. Phasing. 19 ^�m.�V,t ??.�R'• fent�'.n G.^."Irn:�.+.,..,,an"v.a,.r,..�.....s,„..,h_........:. ,. Burien Municipal Code 17.35.070 and regulations set forth in BMC 17.35.120 (2); (b) Verification of pre -application approval of proposed water supply and sewage disposal by the city of Burien and Seattle -King County department of public health; (c) Fire district receipt; (d) Copies of all easements, deed restrictions or other encumbrances restricting the use of the subject property; (e) Documentation of the date and method of segregation for the subject property verifying that the lot or lots were not created in violation of the short subdivision or subdivi- sion laws in effect at the time of creation; (f) A completed environmental check- list, if required; (g) Payment of any application fees; and (h) Completed applications for other applicable permits if the permits are to be pro- cessed with the short subdivision, or copies of issued permits if they have been previously approved. [Ord. 29 § 1(42), 1993] 17.35.030 Changes to proposed or approved short plats. (1) Applicant -generated modifications or requests for revision(s) which are not made in response to staff review or public appeal which result in substantial changes as deter- mined by the city that may include creation of additional lots or elimination of open space requirements shall be treated as new applica- tion for purposes of vesting. (2) Applicant -generated proposals to create additional lots, eliminate open space or change conditions of approval on an approved preliminary short plat shall also be treated as a new application for purposes of vesting. (3) Proposals to amend an approved final . short plat shall be treated as an alteration pur- suant to the provisions of this chapter regard- ing alterations. [Ord. 29 § 1(43), 1993] 17.35.040 Application - Agency. review. (1) Upon receipt of a completed applica- tion for short, subdivision approval, the city 'shall distribute copies to public agencies hav- ing pertinent expertise'or jurisdiction, for their review and continent. 17-17 (2) Non -city agencies receiving short sub- division applications for review shall have 21 calendar days to respond in writing with find- ings or recommendations. If an agency does not respond, the city may extend the deadline or conclude that the reviewing agency has no interest in the application. [Ord. 29 § 1(44), 1993] 17.35.050 Material errors. Applications found to contain and be based on material errors shall be deemed withdrawn and subsequent,,resubmittals shall be treated as new applications. [Ord. 29 § 1(45), 1993] 17.35.060 General limitations. The following general limitations shall apply to all short subdivision applications: (1) Only a separate lot, as defined in this code, or a combination of two or more contig- uous separate lots may be short subdivided; (2) A maximum of four lots may be cre- ated by any single application; (3) A maximum of eight lots may be cre- ated from two or more contiguous parcels with any common ownership interest; and (4) Except as provided in BMC 17.35.150, if the lot to be subdivided was created through a prior short subdivision, at least five years must have passed since the recording of such prior short subdivision. [Ord. 29 § 1(46), 1993] 17.35.070 Application - Notice posting. (1) Upon acceptance of a complete short subdivision application the city shall cause notice of suchapplication to be given within 20. days of the filing of such application. (2) Notice required pursuant to this section shall be as follows: (a) By posting a notice board on or adja- cent to the subject property at a place conspic- uous and likely to be seen by persons passing the property. The city may require additional notice boards when a site does not abut a pub- lic road or in another instance when the city deems additional boards to be necessary. Post- ing shall occur for at least 3.0 days. Notice shall include but not be limited to: z • w 00 w= w • 0 gQ =• d Fw z� 1-0 z F- LU • w 0 • _ • F- w w F- u. O wz 0 0~ z I� Cin ( (-c of\t' PLANNING AND LAND DEVELOPMENT parcels, sites, or divisions for the purpose of sale, lease or transfer of ownership. Subdivision shall mean the division or redivi- sion of land into ten (10) or more lots, tracts, par- cels, sites or divisions for the purpose of sale or lease or transfer of ownership; provided that sub- divisions of less than ten (10) parcels may be de- fined as lot splits or short subdivisions. Subdivision, phased shall mean a subdivision which is developed in increments over a period of time. Tentative plat shall mean a map drawn in ac- cordance with the same requirements as the pre- liminary plat map, but submitted prior to prelim- inary plat submittal. Tract shall mean a parcel of land proposed for subdivision or subdividing. (Code 1986, §§ 12.04.040-12.04.079; Ord. No. 2849, § 3(12.04.040-12.04.079), 6-6-89; Ord. No. 2975, § 2, 3-20.91) Sec. 12.04.060. Conformance to state law. This code is in conformance with RCW 58.17.010 et seq. regulating platting, subdivision, adjusting lot lines, and the dedication of land and further provides for administrative procedures for the ad- justment of lot lines. (Code 1986, § 12.04.080; Ord. No. 2849, § 4, 6-6-89) Cross reference—Definitions and rules of construction gen. crony, § 1.01.030. State law reference—Similar provisions, RCW 58.17.020. Sec. 12.04.070. Planning department funs. tions. The planning departMent is responsible for the administration and coordination of this chapter unless another department is authorized to ad- minister and enforce a specific section. (Code 1986, § 12.04.091) Sec. 12.04.080. Hearing examiner. • The hearing examiner is authorized to hold a public hearing on all preliminary plats and to make recommendations to the city council. (Code 1986, § 12.04.092) Supp. No. 4 N. 891 § 12.04.120 • Sec. 12.04.090. Department of public works. The department of public works is responsible for reviewing all engineering and technical re- quirements of this chapter. (Code 1986, § 12.04.093) Sec. 12.04.100. City council. The city council shall hold a public meeting or hearing on all preliminary plats. The city council shall have sole authority to approve final plats. (Code 1986, § 12.04.094) Sec. 12.04.110. Exceptions. The provisions of this chapter do not apply to: 1. Cemeteries and burial plots while used for that purpose; 2. Divisions made by testamentary provisions, or the laws of descent; 3. Division of land due to condemnation or sale under threat thereof, by an agency or divi- sion of government vested with the power of condemnation. (Code 1986, § 12.04.110; Ord. No. 2849, § 5, 6-6-89) State law reference—Similar provisions, RCW 58.17.040. Sec. 12.04.120. Scope. A. Any land being divided into nine (9) or less parcels, lots, tracts, sites or subdivisions, any one (1) of which is less than twenty (20) acres in size and which has not been divided in a short subdi- vision within a period of five (5) years shall meet the requirements of this section. B. No application for a short subdivision shall be approved if the land being divided is held in common ownership with a contiguous parcel which has been divided in a short subdivision within the preceding five (5) years which is piggybacking short subdivisions, unless the subject property has received master plan approval by the city through a rezone, PUD or other hearing process, then pig- gybacking short subdivisions shall be permitted. Such short subdivisions must be consistent with the approved master plan. (Code 1986, § 12.04.223) State law reference—Definition of short subdivision, RCW 58.17.020(6). DEPARTMENT OF COMMUNITY DEVELOPMENT EXECUTIVE SUMMARY June 23 - June 27, 1997 DEVELOPMENT PROJECTS Gateway 10 - Considerable staff time was devoted this week to facilitating issuance of a building permit for the Gateway 10 building that will be occupied by Sheppard Ambulance. Due to some unresolved public infrastructure issues, we are attempting to issue building permits prior to final approval of the project's civil site plan. Failure of the project architect and engineer to incorporate required revisions into their submittals has complicated our ability to expedite this permit. OTHER Amendments to Non -conforming use/structures regulations - The City Council reviewed the Planning Commission and staff recommendations for amendments to our zoning code's nonconforming use and structure regulations. The proposed revisions have been scheduled for a public hearing on July 7. Subdivision Code - The City Council reviewed the Planning Commission and staff recommendations for amendments to our subdivision code, focusing on several key policy issues. A public hearing has been scheduled for July 21. MIC Planned Action EIS - The comment period for the MIC Draft EIS ended on 6/19/97. Comments were received. from Seattle, Boeing and King County Transit. We are preparing a draft Final EIS for submittal to the State on July 11, 1997. This draft FEIS will satisfy the deliverables for the State grant of $109,250. Further refinement of the FEIS will continue for another 1-2 weeks before it is generally distributed. Seattle Potential Annexation Area - The Tukwila and Seattle City Councils and the King County Council have now approved a Memorandum of Understanding (MOU) under which our Growth Management Hearing Board appeal of Seattle's PAA designation in South Park, will be settled. The document will be ready for Mayor Rants' signature next week. Steve Lancaster, Director, Department of Community Development DCD Erecurive Summary 06/27497 Page I 2y'#YNf�:zL+ :(ifa'amw. Memorandum TO: Committee of the Whole FROM: Steve Lancaster, DCD Director W CC RE: Subdivision Ordinance Work Session JU DATE: June 23, 1997 w o ww LL o Background g The Planning Commission recommendation was presented to the Community w Affairs and Parks Committee in May where the CAP forwarded it to the COW for = d detailed review. z I- 0 Provided below is an overview of the key policy changes that are proposed for W w the subdivision ordinance update. It is suggested that before embarking on a "page by page" review of the ordinance that the Council come to an agreement o on the key policy issues. 0 H w. 1— U Key Changes o wz Below the Planning Commission recommendations are presented below, U o� followed by bullets with alternatives. 1. Allow short plats for up to nine lots (TMC 17.12.010). Currently any subdivision of four or fewer lots is treated as a short plat. The proposal would allow any subdivision of nine or fewer lots to be treated as a short plat. Short plats of 5 or more lots would have to meet the same development standards as a full subdivision. The intent of this change is to provide an incentive for investment in the neighborhoods through a shorter approval process. Short plats of five to nine lots could be approved administratively, thus saving substantial time required for full subdivisions to provide notice and conduct a public hearing. Alternatives: • No Change. Maintain the 4 lot maximum for short plats. • Increase the threshold, but to a number less than nine. c:\subord\cowissue.doc +c �...�--:ivlii,::l:..' xis ,••..'Lna z DRAFT- TUKWILA COMPREHENSIVE PLAN of neighborhood -oriented retail activity in residential projects that front on Highway 99. 8.2.14 Allow heights along corridor as follows: 8.2.15 — six -story heights south of South 154th Street; Transportation Corridors — ten -story heights south of SR 518 and S. 158th StFeet [excluding the area south of S. 158th Street) and on the west side of the corridor north of S. 128th Street; — three stories south of S. 158th Street; and — up to four stories throughout the remainder of the corridor (Figure 18). Appropriately fence outside storage and sales areas with high-quality materials; in the Neighberhe imit use, size, and location of metal security and other fencing and require concealment with appropriate landscaping. IMPLEMENTATION STRATEGY + No perimeter fencing except for accessory ares Fencing standards 8.2.16 Allow a diverse mixt of diversity of uses along the corridor, including residential, retail, service, light manufacturing, office, and recreational and community facilities. standards to pFeviele-d-istinctly different districts along the corridor and to provide a corrido Neighborhood Center and focus. 8.2.17 Create a regional commercial and office area south of the Neighborhood Commercial Center and create opportunities for either commercial or industrial uses at the north end of the corridor. 8.2.18 Design -buildings -Encourage building design on the east side of Pacific Highway between South 137th Street (if extended) and South 144th Street to reflect the importance of the area as a visual focal point for traffic through the corridor. e north and east of South 137th Street from obstruction of encroachment. a,idh, Heicht.1.►mts 10 5tcoes ® 6 Stales T n q States Figure 18 August 15, 1995 !vL, 4 �` f'S;): "moi '9!- Y�.*cny:Y?z�r ;a.fR'°�M'Y'rs'A�yv; ,.*)�'pexq'tt4.t .yp i' iYy.�• 4^+4.4z.. d4 105 • Increase the threshold, but do not require frontage improvement for short plats, regardless of size. 2. Eliminate the PRD requirernent for short plats and boundary line adjustments (TMC 18.45.060 - Zoning Code). Z 11 Short plats and BLA's are required to go through an administrative planned ~w residential development (APRD) permit process when there is a sensitive area o on the site. APRD's are required to provide a minimum of 20% common open CO o space. This standard can be difficult for short plats and boundary line J LLI adjustments to meet and would result in small tracts being created which have marginal environmental and/or recreational value. w o E Alternatives: a co =a • No change. Continue to require APRD's for short plats and BLA's whenever ►- w there is a sensitive area on site. ? • Require APRD's for short plats of five or more lots whenever there is a w o sensitive area on site.ui • Require APRD's only when there is a wetland on site. o o o - o l- 3. Binding Site Improvement Plan (Chapter 17.16 TMC). U. w • w Binding Site Improvement Plans (BSIP) have historically been required when a w Z business wants to lease commercial or industrial land to construct a second c)co principal building on one legal lot. There have been few applications for BSIP o I - approval over the years, and it is not clear what is achieved when a BSIP is Z approved. The proposal is intended to use the BSIP to provide flexibility with zoning, by allowing a BSIP not only with leased property, but also with new lots that are created within an industrial or commercial center. The ordinance would allow sale of a portion of a commercial or industrial center without requiring zoning ordinance standards such as landscaping and setbacks to be met for that newly created lot, provided the entire center meets the zoning standards as a whole. One situation where this may have been useful is the recently constructed Les Scwhab building, where landscaping and setback requirements had to be met even though the site is functionally integrated with the larger Home Depot site. Alternatives: • No change. Leave as is with BSIPs allowed only for lease of property. • Leave as is, but allow BSIP to extend to purchase of property. c:\subord\cowissue.doc Alrelmiummermairr 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 i 3 IMPLEMENTATION STRATEGIES EXHIBIT A-5 TUKWILA COMPREHENSIVE PLAN Transportation Corridors + Limited retaining wall height + Limited building size and paved areas 8.2.11 Develop a strategic and financial plan for implementing these Pacific Highway corridor policies that facilitates private and public investment.8.2.12 Assemble business and resident groups to coordinate the development of the strategic plan, to participate in community policing to monitor and decrease crime along the corridor, and to develop and coordinate an image concept for marketing and design guidance. IMPLEMENTATION STRATEGIES + Block watch + Apartment managers' and owners' forums + Tenant councils + Chamber of Commerce participation 8.2.13 Maintain the predominately residential use and character between South 128th Street and South 137th Street (if extended), with appropriate zoning a id a significant component of vegetated hillside; allow a limited amount in of neighborhood -oriented retail activity in residential .projectithat front oh Highway 99. 8.2.14 Allow heights along the corridor as follows: — six -story heights south of South 154th Street; — ten -story heights south of SR 518 (excluding the area\ noted below) and on the west side of the corridor north of S. 128th Street; and — three stories north and south of S. 158th Street, as shown in Figure 18. i3 3 3 3 9 3 3 3 3 December 4, 1995 BuldrgHe* L1114 IO States 6 Stales /\ 5ta-tie5' , Figure 18 – Highway 99 Height Exception 95 4. Phasing of Final Plat (TMC 17.14.040). This new section allows recording of final plats to be phased if each phase meets all development standards on its own and each phase provides adequate circulation and utilities to serve that phase. By allowing phasing to occur, more options are available to the developer, which may encourage subdivision activity. Alternatives: • No change. Leave the issue silent in the ordinance. • Do not allow phasing to occur. 5. Subdivision Road Standards (TMC 17.20.030(c)(6)(C) and (D)). This is the first time the specific road standards required at the time of subdivision have been identified. They include full width improvement for streets that are interior to a subdivision and half width improvement for roads on the perimeter of the subdivision. Alternatives: • No change. • Do not require improvements for perimeter streets. 6. Short Plat Road Standards (TMC 17.20.030(c)(6)). Standards are provided for frontage improvements for short plats of five or more lots. Frontage improvements include curb, gutter, sidewalk and paving. No standards are provided for short plats of four lots or less. We surveyed nearby jurisdictions to find out their requirements. Those findings are atttached. Alternatives: • Require no frontal improvements for any short plat. • Require L.I.D. no protest agreement for short plats of 4 or fewer and curb, gutter and sidewalk when there are five or more lots. 7. Range of Road Widths (TMC 17.20.030(c)(6)). The Comprehensive Plan calls for narrower road widths. Proposed is a range of paving and right-of-way widths, with the lower end of the range to be used unless additional width is needed. This determination is to be made by the City Engineer. The lowest paving widths are narrower than the existing standards. c:\subord\cowissue.doc Staff Report to the Page B-1 City Council FILE NUMBER: L96-0086, L96-0087 APPLICANT: Kevin Foley/ Secure Capital Townhome Condominiums REQUEST: Change Comprehensive Plan designation from LDR (Low Density Residential) to MDR (Medium Density Residential) in order to construct a 32 -unit townhouse condominium complex with ten two-story triplexes and one two-story duplex. LOCATION: Pacific Highway South and 40th Avenue South at 38th Avenue South Exended LOT SIZE: Approximately 4.6 acres COMPREHENSIVE PLAN DESIGNATION: LDR (Low Density Residential) ZONING DISTRICT: LDR (Low Density Residential) VICINITY/SITE INFORMATION Project Description: Construct 32 -unit townhouse condominium complex with two two-story triplexes and one two-story duplex. Parking for 75 cars will be provided. The applicant's proposal lis contained in Exhibit B-1. Existing Development: Undeveloped Surrounding Land Use: West: Retail and apartments (across Pacific Highway South) North: Single-family detached East: Single-family detached South: Multi-family/Canyon Trailer Park Topography: The property is characterized by slopes from west to east. Class 3 Landslide Hazard Areas (i.e. high landscape hazard; high erosion potential) cover much of the property. There is at least one watercourse in the southeast corner. Alternatives: • Provide only one width for road paving and right-of-way for each class of road. • Modify the ranges of widths. 8. Standards Relating to Emergency Access The Tukwila Fire Department has informed DCD that current subdivision code standards relating to public road emergency access are unacceptable (see June 9, 1997 memo from Chief Olivas, attached). These standards were "carried - over" from the existing code into the proposed code without significant discussion by the Planning Commission. The Fire Department recommends that Section 17.20.030 be modified as follows: 17.20.030(c)(6) (Page 38): Revise the standard for cul-de-sac turnaround roadway pavement from 60 feet diameter to 81 feet diameter. This would also necessitate increasing the right-of-way for cul-de-sac turnaround from 80 feet to at least 92 feet, to provide adequate space for curb and sidewalk. 17.20.030(c)(6)(ii) (Page 39): Remove the provision allowing the 15% maximum street grade to be increased to as much as 18% for short distances where approved by the Fire Marshall. Conclusion The public hearing has been scheduled for July 21, 1997. Provisions for public notice includes providing the standard legal ad, placing a notice in the Hazelnut and mailing notice to previous applicants, surveyors and individuals requesting notice. The COW may wish to conduct a second work session prior to the public hearing. c:\subord\cowissue.doc :G'..ixwixo tkruvoli',r��; .�. • ta; y�� • Staff Report to the Page B-2 City Council Vegetation: Trees, shrubs, blackberry bushes Access: Current access from 38th Avenue South or 40th Avenue South. Proposed access via extension of 38th Avenue South and a driveway to 40th Avenue South. DISCUSSION The subject property is 4.6 acres of land located at Pacific Avenue South and 40th Avenue South at 38th Avenue South Extended. (Exhibit B-2) The applicant proposes to change the property's Comprehensive Plan designation from LDR (Low Density Residential) to MDR (Medium Density Residential) in order to construct a 32 -unit townhouse condominium complex with ten two-story triplexes and one two-story duplex. Most of the property poses signficant environmental constraints and is subject to the Sensitive Areas Overlay (TMC 18.25). Per the City of Tukwila's Sensitive Areas map, which shows approximate locations of geologic hazards, watercourses and wetlands, approximately two-thirds of the property is a Class 3 Landslide Hazard Area, as rated by Tukwila's Geologic Hazards Evaluation Report (May, 1990). On Class 3 areas, landslide hazard and erosion potential is high due to slopes and impermeability of the underlying soil or bedrock. The City's Watercourse Rating Date Sheets (October, 1990) and the Water Resource Rating and Buffer Recommendations (May, 1990) indicate that there is at least one Type 2 watercourse in the southeast corner. A Type 2 watercourse requires a 35 foot -wide buffer. (See Exhibit B-2) The applicant has prepared a survey of the property which gives specific information about the site's topography, including that portion which lies in the Sensitive Areas Overlay. The survey shows two watercourses in the southeast corner. Much of the Sensitive Area Portions of the property has slopes of approximately 28%. The southern portion near the watercourses has slopes of 66%. (Exhibit B-3) The site poses significant environmental constraints to development given the extent of the Class 3 slope, with its high landslide and erosion potential, and its watercourse(s). The applicant proposes to construct 32 units of attached housing. Without considering the specific sensitive areas issues and Planned Residential Development factors, the current, underlying LDR zoning allows approximately 30 single-family, detached housing units to be built. This is only 2 fewer units than the applicant is proposing. By AFFIDAVIT OF DISTRIBUTION I . SIL -VIA / iCMika-EIv hereby declare that: Notice of Public Hearing fl Determination of Non- significance 0 Notice of Public Meeting 0 Mitigated Determination of Nonsignificance fl Board of Adjustment Agenda ODetermination of Significance Packet and Scoping Notice O Board of Appeals Agenda Lj Notice of Action Packet Planning Commission Agenda O Official Notice Packet O Short Subdivision Agenda O Other Packet 0 Notice of Application for ❑Other Shoreline Management Permit 0 Shoreline Management Permit was mailed to each of the following addresses on I' 1 - 91 (c TM A` A G41 e -b • \ C 1)N(N\LOIL- File Name of Project ;J���/1�Or\ vj� retile nC.� .Signature Number Lg 6 -C-7a r+" °amu` i93 �'v,.. ' r ,g41, %Zs'. 1. 44. z OC ~w O 0 v w= (0)w w0 2 �-J _• a w z1._ 1- 0 zF-- w • w 0� O - o 1- 11J UJ wW • O U= O ~, z City of Tukwila John W Rants, Mayor Department of Community Development Steve Lancaster, Director July 7, 1997 Interested Parties: The Tukwila City Council will be conducting a public hearing on July 21, 1997, at 7:00 P.M. in the City Council Chambers to consider your comments on the proposed amendments to the City's subdivision ordinance. The nineteen year old ordinance is being updated to implement the Comprehensive Plan and update the standards and procedures for subdivision of land. Some of the more significant changes in the update include: • Increasing the threshold for short plats from four lots to nine. • Streamlining the boundary line adjustment review process. • Possibly eliminating the requirement for Planned Residential Developments on short plats. • Adding flexibility to zoning requirements through Binding Site Improvement Plans. • Specifying requirements for complete applications and surveys. If you have any questions please call me at 433-7141. Sincerely, Nora Gierloff Assistant Planner .,he complete draft ordinance i avaflaible at the Department of Cammun eve "ment at . 00 Southcenter goutev rtl>:>: 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax. (206) 431.3665 rk..lovr.tc•,:m..ral•rwmrra..nn oir me tvtowo.•mr .n:mr+• rn•,'w: v,.ns•ve::+.,v:•,nt:p�,»,gtr.F.•^.s•stern.,s,.:,,, .y, fun•o;,�•:.:....v..,:.,.,..,,.•: Gary Greer Secure Capital P.O. Box 25127 Seattle, WA 98125 361-8023 Jim Crones 23806 190th Ave SE Kent, WA 98042 Roger Walsh 13222 Military Road South Seattle, WA 98168 Mike Bower TRIAD ASSOCIATES 15 Oregon Avenue #306 Tacoma, WA 98409 Jason Lewis 519 W. Roy Street Seattle, WA 98119 John Thompson 4815 S. 170th Street Seattle, WA 98188 Eligio Fernando Jr. 14239 Macadam Road South Tukwila, WA 98188 242-9637 980-5685 LORRAINE PARSONS 4646 SO 160TH ST TUKWILA WA 98188 GRACE WRIGHT" 3805 S:. -180TH ST TUKWILA WA 98188 MR & MRS TIMOTHEY HOLDASS 4432 SO 148TH ST TUKWILA WA 98168 RICHARD HOLLY 4216 S 152 ST TUKWILA WA 98188 CHO YOUN9,S-'" f 14442 PACIFIC PACIFIC HWY S SFA'TTLE WA 98168 BRUCE MACVEIGH 14245 59TH AVE S TUKWILA WA 98168 FIDELITY ASSOCIATES 4211 HOLLY LANE MERCER ISLAND WA 98040 CHARLES E BRATCHER 13003 56TH S TUKWILA WA 98178 MR & MRS R LEE 4259 SO 146TH ST TUKWILA WA 98168 TRI -LAND CORPORATION 1325 FOURTH AVE SUITE 1940 SEATTLE WA 98101-2510 BILL GROS50- 3029 S. -I3 ST TU WfLA WA 98168 DARRYL E DOAK SR 11917 4TH AVE SW SEATTLE WA 98146 MR THOMAS PERRI 13040 38TH AVE S SEATTLE WA 98168 DON FARREL 4325 239TH PL KENT WA 98031 BARGHAUSEN ENGINEERS 18215 72ND AVE S KENT WA 98032 STATE FARM INSURANCE CORPORATE LAW DEPT JOHN F HARRIS BLOOMINGTON ILL 61710 DEAN CALDWELL 3232 23RD AVE W SEATTLE WA 98199 ROBERT MINKLER 1701 KENNEWICK AVE NE RENTON WA 98506 ..JACK D SCOTT 13020 34TH AVE S TUKWILA WA 98168 MR & MRS J ORMISTON 13726 53RD AVE S TUKWILA WA 98168 SEGALE BUSINESS PARK RANDY & KAREN KENT PO BOX 88050 .\A,►ewfiuvl: 4830 S 152 TUKWILA WA 98138 Vr �G PpK<<,- TUKWILA WA 98188 MICHAEL & SANDRA TAZER 14015 33 PL S TUKWILA WA 98168 TIMOTHY A HOLDAAS 4432.5 148TH ST TUKWILA WA 98168 JAMES JOHNSON 13725 SE 144TH ST RENTON WA 98059 MR NASSER S AHMADNIA 122 NE 158TH ST SEATTLE WA 98155 SCOTT LABEL 4226 S 146TH SEATTLE WA 98168 H TURNER NEWTON CAPITAL & COUNTIES USE, C/O POWELL DEVELOPMENT PO BOX 97070 KIRKLAND WA 98083 MR & MRS LARR ELLEFSON 4617_144TH ST TLIOWILA WA 98168 JOHN MICHAEL EASTER 4818 S 150TH TUKWILA WA 98188 SADLER/BARNARD AND ASSOCIATES INC 31218 PACIFIC HIGHWAY S FEDERAL WAY WA 98003 JOE SINGH 18124 RIVIERA PL SW SEATTLE WA 98166 j JEFFERY NAUGHTON 13216 MILITARY RD S SEATTLE WA 98155 GERALD W HALBERT 14726 MACADAM RD S TUKWILA WA 98168 HOWARD TURNER 18420 24 PL NE SEATTLE WA 98155 WEN -FAN LIN 13910 PACIFIC HWY S TUKWILA WA 98168 : ANDERS HOMER ANDERSON & ASSOCIATES LAND SURVEYORS & MAPPING 33310 11TH AVE SW 29601 3RD S FEDERAL WAY WA 98023 FEDERAL WAY WA 98003 BENNET P S & E INC • 720 E MAIN AVE PUYALLUP WA 98371 CRAMER NORTHWEST INC SUITE KENT WA 98032 EARTH TECH H 720 333RD i FEDERAL WAY WA 98003 GANTS LEN SURVEYING & ENGINEERING 3721 S 352ND AUBURN WA 98001 GROUP FOUR INC 16030 JUANITA E WOODINVILLE WAY NE BOTHELL WA 98011 HEDGES & ROTH ENGINEERING INC 14450 NE 29TH PL BELLEVUE WA 98007 BOYD & ASSOCIATES SURVEYING & MAPPING 13039 6TH AVE S BURIEN WA 98168 CRONES & ASSOCIATES 23806 190TH AVE SE KENT.WA 98042- EASTSIDE CONSULTANTS INC 415 RAINIER BLVD N ISSAQUAH WA 98027 GODDARD & ASSOCIATES 27005 189TH AVE SE KENT WA 98042 HALLIN & ASSOCIATES 31919 1ST AVE S FEDERAL WAY WA 98003 HOLMVIG WASELL & ASSOCIATES 1036 COLE ST ENUMCLAW WA TUKWILA FIRE DEPT 4202 S 115 ST TUKWILA WA 98188 KIM A KIRKPATRICK 12212 43RD AVE S TUKWILA WA 98178-3401 AAROE & ASSOCIATES 16016 AMBAUM BLVD S SEATTLE WA 98148 BASELINE ENGINEERING INC 1910 64TH AVE W TACOMA WA 98466 CENTRE POINTE SURVEYING 31046 22ND AVE S FEDERAL WAY WA 98003 DRYCO SURVEYING & MAPPING INC 31218 PACIFIC HWY S FEDERAL WAY WA 98003 LYLE E FOX 8323 SHAW RD E PUYALLUP WA 98372 GOLDSMITH HUGH G & ASSOCIATES INC 1215 114TH SE BELLEVUE WA 98004 HANSEN SURVEYING 2500 TALBOT CR DR S RENTON WA 98055 ••• HORTON DENNIS & ASSOCIATES 320 2ND AVE S KIRKLAND WA 98033 INCA ENGINEERS INC 11120 NE 2ND BELLEVUE WA 98004 LUND DENNIS L & ASSOCIATES 2220 S 287TH FEDERAL WAY WA 98003 PAC -TECH ENGINEERING INC 2601 S 35T1 -I SUITE 200 TACOMA WA 98409 RINGEL & ASSOCIATES PO BOX 88926 SEATTLE WA 98138 THOMAS LAND SURVEYING 11309 46TH ST E PUYALLUP WA 98372 ALLIANT ENGINEERING & LAND SURVEYING INC 17410 133RD AVE NE WOODINVILLE WA BAIMA & HOLMBERG INC 2009 MINOR E •4 SEATTLE WA 98102 CTS ENGINEERS INC 1412 112TH AVE NE BELLEVUE WA 98004 CHENOWETH & ASSOCIATES INC PS 18130 I'IIDVALE AVE N SEATTLE WA 98133 CONCEPT ENGINEERING INC 455 RAINIER BV N ISSAQUAH WA 98027 JDS SURVEYING CO 1189 MCKINLEY ST ENUMCLAW WA MERIWETHER LEACHMAN & ASSOCIATES INC 11800 NE 160TH BOTHELL WA 98011 PATHMAN SURVEYING 1609 S CENTRAL KENT WA 98032 SCHROETER SURVEYORS 846 SW 143RD SEATTLE WA 98166 ADF SURVEYORS 1521 WETMORE AVE EVERETT WA 98201 ARAMAKI BORDEN -i4 ASSOCIATES -INC 6141},ZE BOTHELL WAY BO,2FfELL WA 98011 BUXTON K HARRISON PC LEAVITT BLDG BELLEVUE WA CAMBERN R M 1016 NW 167TH SEATTLE WA 98177 "CHIC" LAND SURVEYING CO 103 NORTH BEND BV N NORTH BEND WA D R STRONG CONSULTING ENGINEERS INC 10604 NE 38TH PL SUITE KIRKLAND WA 98033 LEROY SURVEYORS & ENGINEERS INC 8323 SHAW RD E PUYALLUP WA 98372 OLYER CIVIL EN.GINEER & LAND ASSO IATION INC 2516 N 18TH REN 'WA 98056 RICHARD CAROTHERS ASSOCIATES 705 9TH TACOMA WA 98405 TCA INC 409 3RD AVE S KENT WA 98032 AFM INDUSTRIES INC 3924 204TH SW LYNNWOOD WA 98036 AZIZ ENGINEERING NW 16310 ME 85TH REDMOND WA 98052 C & C ENGINEERS INC 7339 40TH NE SEATTLE WA 98115 CHADWICK SURVEYING & ENGINEERING 4011 STONE WY N SEATTLE WA 98103 CHS ENGINEERS INC 12507 BEL -RED RD SUITE 101 BELLEVUE WA 98005 DODDS ENGINEERS INC 4205 148TH AVE NE BELLEVUE WA 98007 DOWL ENGINEERS 8320 154TH AVE NE REDMOND WA 98052 EXACTA SURVEYING SERVICE 12304 31ST NE SEATTLE WA 98125 HAMMOND COLLIER & WADE- LIVINGSTONE ASSOCIATES 4010 STONE WY N SUITE 300 SEATTLE WA 98103 HARSTAD CONSULTANTS 2024 W LAKE SAMMAMISH PKWY NE REDMOND WA 98052 JIM HART PROFESSIONAL LAND SURVEYOR 220 6TH ST KIRKLAND WA 98033 KENNEDY GROUP,? CONSULT -S'INC 2800 H PL SE SU203. RCER ISLAND WA 98053 LIN & ASSOCIATES INC 999 3RD SEATTLE WA 98104 MEAD'GILMAN & ASSOCIATES 17625 130TH AVE NE UNIT 104 WOODINVILLE WA MULLEN ASSOCIATES SURVEYORS 11717 SE 157TH RENTON WA 98058 OLSON N L.& ASSOCIATES INC 2453 BETHEL AVE PORT ORCHARD WA DRYCO SURVEYING..&- MAPPING 31218 PACIFIC HWY S JJERAL WAY WA 98003 FORD DARRELL- D & ASSOCIATES 618_ALDER EDMONDS WA FLOYD W HANCOCK 10007 GREENWOOD N SEATTLE WA 98133 HEENEY' S SURVEYING MONUMENTS ,!ek9AV4;,,:77 23232 32ND AVE W I.,YNNWOOD WA .9 8 03 & JOMES BASSI & ASSOCIATES 7834 SE 32ND MERCER ISLAND WA LAND SURVEYORS ASSOCIATION OF WASHINGTON 424 205TH AVE NE REDMOND WA 98053 LOVELL-SAUERLAND & ASSOCIATES INC 19400 33RD AVE W LYNNWOOD WA 98036 MILLER JOHN HERBERT 1412 25TH E SEATTLE WA 98112 NORTHSHORE LAND SURVEYING 19706 80TH AVE NE BOTHELL WA 98011 OTAK INC 620 KIRKLAND WY SUITE 100 KIRKLAND WA 98033 DUANE HARTMAN & ASSOCIATES INC 16928 WOODINVILLE REDMOND RD NE SUITE B- 209 WOODINVILLE WA GANTZ LEN SURVEYING & ENGINEERING 3721 S 352ND AUBURN 'WA 980-01 TIM HANSEN & ASSOCIATES 6025 108TH AVE NE KIRKLAND WA 98033 INCA ENGINEERS -INC 11120 NE.,.:2ND BLVD SEATTLE -WA 98004 r7 KEGEL & ASSOCIATES INC 9800 EVERGREEN WY EVERETT WA 98204 LANDMARK INC 1130 140TH AVE NE BELLEVUE WA 98005 MARSHALL M W 7834 SE 32ND MERCER ISLAND WA MUGGY GLEN E & ASSOCIATES 1218 150TH SE BELLEVUE WA 98007 O'HARE JEROLD D PLS 29911 131ST AVE SW VASHON ISLAND WA OYLER CIVIL ENGINEER & LAND SURVEYOR" 2516 NE -118TH RENTON WA 98056 PENHALLEGON ASSOCIATES CONSULTING ENGINEERS INC/PACE 750 6TH ST S KIRKLAND WA 98033 PETRE & ASSOCIATES 2906 243RD SE ISSAQUAH WA 98027 PUGET LAND SURVEYS INC 14223 NE 66TH REDMOND WA 98052 REID MIDDLETON INC SAJAN INC MBE SCANDIA PLANNERS & 19031 33RD AVE W 2150 N 107TH SURVEYORS LYNNWOOD WA 98036 SEATTLE WA 98133 1919 N PEARL SUITE B-1 TACOMA WA 98406 TRIAD ASSOCIATES 11814 115TH AVE NE KIRKLAND WA 98034 WHITLEY-JACOBSEN & ASSOCIATES/WJA PS 1218 3RD AVE SUITE 306 SEATTLE WA 98101 WESTERN SURVEYORS INC 13000 HWY 99 S EVERETT WA 98204 N. :t•-`isS'r., i.'A li'iS*,F-iti isi i kir 3:'%wretii;," "u ko3frm TAf 7. 'V7[ainekr •. WHITE SHIELD INC 515 116TH AVE NE BELLEVUE WA 98004 .iM.Y�erM+'Mw' City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director MEMORANDUM TO: Community and Par Committee FROM: John Jimers ssociate Planner RE: Draft Subdivision Ordinance DATE: April 29, 1997 BACKGROUND Attached for your consideration is the subdivision ordinance update. Following two public hearings, the Planning Commission has forwarded a favorable recommendation for adoption. Those and other changes incorporated are intended to achieve several objectives: • Ensure the ordinance is consistent with, and contributes to implementing the Comprehensive Plan. • Ensure the ordinance is consistent with other state and local laws and current practices. • Provide sufficient detail to the public and City staff as to the procedural requirements of the ordinance. • Organize the regulations to be as user friendly as possible. SUMMARY OF SIGNIFICANT CHANGES Summarized below are the more significant changes made to the code as they relate to these objectives. 1. Comprehensive Plan consistency and implementation. The comprehensive plan contains numerous policies that require sidewalks with new development and narrower streets to slow down vehicular speeds and improve pedestrian safety (Policies 1.6.2, 1.6.3, 7.4.4, 7.4.5, 7.4.6, 8.1.1; and 13.2.3). Toward those ends, the subdivision ordinance requires sidewalks on all 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax. (206) 431-3665 4;"*4A .,if $1ihiC,'..1i'.`+4,40 if 1t?!:h1torm,lp vcri ;ogypr. h kfamPkv-tttimoi ;i.,• IY.,n1;..7fN1 public streets (short plats of 4 lots or less are exempt) and provides a range of road widths which allows for and encourages narrower streets (Section 17.30.030(c)(6)). The plan discourages the use of cul-de-sacs (Policies 7.4.2 & 13.2.1). Existing language in the subdivision ordinance has been modified to reinforce these policies (ibid). Policy 1.6.4 states we install trees along the right-of-way of major residential streets in accordance with guidelines regarding appropriate species, spacing, and planting methods. The requirement that one tree per lot be provided has not been changed. Again, short plats of 4 or less are exempt (17.30.030(g). Policy 1.7.4 states that we require fencing and landscape buffers between commercial and residential uses. This has been done in the code (17.20.030(b)). Policy 1.10.8 states subdivision standards should offer flexibility and reflect the purpose of open space network areas. This is accomplished in the PRD ordinance which provides flexibility to the subdivision in meeting the open space requirements (Ch. 18.46). Policy 5.6.6 states that we require subdivisions along the shoreline to provide a trail for public access along the river in areas identified for trail connections consistent with the King County Green River Trail Master Plan and to require any property not included in the King County Green River Trail Plan to provide public access or a private natural area in lieu of physical public access. A standard has been included to encourage these connections (Section 17.20.030(b)). Policy 7.4.7 states that we underground utility distribution lines as each street is improved or constructed. This is already required in the code. No changes are proposed (Section 17.20.030(d)). Policy 7.6.4 encourages support of single-family residential in -fill housing that is in harmony with the existing neighborhood as a means of achieving adequate, affordable, and/or diverse housing. In -fill housing is encouraged by simplifying the boundary line adjustment process (Ch. 17.08), eliminating the PRD requirement for short plats, increasing the threshold of short plats to nine lots (Section 17.12.010) and not requiring frontal improvements for short plats of four lots or less (Section 17.20.030(c). 2. Consistency with other state and local laws and current practices. Numerous changes were made in this category. Some of the more significant changes include: ansa+�dMfM 4"1" ,P7 VIte wrnf=i.F6!!.:.vaYIMS"j; ar.' iSteyirr,:•Rr • Eliminate treating boundary line adjustment s as short plats. • Extending the life of subdivisions to five years. • Updating the application submittal requirements. • Updating the survey, certificate and recording standards. • Updating the decision criteria, w 3. Sufficient detail as to the procedural requirements of the ordinance. 6 = JU New sections were added which identifies application submittal requirements, N o improvement installation processes, approval and recording processes,J x dedication processes and improvement deferral processes. N w w0 4. Organize the regulations to be as user friendly as possible, J lL Changes made including reorganizing the contents so that zoning and subdivision co a definitions are consolidated as are the improvement standards. The organization z III of the procedural chapters for Boundary Line Adjustments, Short Plats, o Subdivisions and Binding Site Improvement Plans were modified to be consistent w ~ each other and to follow a logical progression (from application to recording). • owith 0 CONCLUSION o =w U The proposed ordinance does not significantly alter the substantive standards for u o subdivision in Tukwila. Where changes have occurred, such as with road widths, ui z it has been done to implement the Comprehensive Plan. o ~ With very few tracts larger than an acre, most of the subdivision activity will z continue to be in the form of short plats. The procedural, substantive and organizational changes have all been drafted with the Comprehensive Plan policy encouraging infill short plats in mind. First, the standards have been kept flexible and minimal to address the varied conditions that exist throughout the community. Also, the processes have been more completely spelled out in the ordinance so that citizens can better understand how to navigate through them. Finally, the documentation and improvement installation processes have been firmed up to better protect the buyers of the resulting lots by ensuring the improvements are installed properly and in a timely manner. RECOMMENDATION Staff recommends that following consideration by the COW (scheduled for May 12) and a•public hearing before the City Council the proposed ordinance update be approved. ,}yam rrl9�lp.�',K im'WlVl�aax'YI;R^.nmN,l:asuro�rr.tc:t4t,Coen.yea.*...Mrn"MnW.\.HC^nN^t�.`+r...,u,J�':rmAy.�r, r,x»�:w,v:u�...n:n:•,.wry.,n:.lr'>r�rrM,.n,...;lmrtt!.rorx„n.�u�,,•n:rsl..e.-,.ao•w;b^•..�}^.,,yn.,.,.,•,er't HAu;tl:ra<rr..:w.M.•.. Short Plat Approval Process Letter of Incomplete Application mailed. Application submitted to DCD. If Incomplete Depts. Review for Complete- ness. 4 If complete Planner coordinates SSC Review. r SSC sends letter of decision. If Improvements an deferred. T Applicant gets permits, installs imp- rovements. T City and/or utility inspect improvements T Applicant submits final survey and other documents to be recorded. Applicant . provides contractors estimates for cost of improvements to be deferred Application Approval Improvements Upon approval by Public Works, applicant provides financial guar- antee in the amount of 150% of the cost of the improvements. SSC reviews submittal for compliance with approval and release plat for recording. 4 Applicant records plat, returns copy to DCD. Plat is final. r Applicant installs, with proper permits and Inspections, any deferred improvments. f Upon acceptance of Improvements, City releases financial guarantee. AI Final Approval Recording Deferred Improvements AvmortC'm brw aMit+e.`m"'. ":1..4!%.0=.:441i' �f3''s' i;ZOOPixm•..x 1"Inn*a_ionv, Subdivision Approval Process • Letter of Incomplete Application . mailed. Application submitted to DCD. If Incomplete SEPA REVIEW .PROCESS Depts. Review for Complete- ness. If comp Planner coordinates Dept Review r Public Informational Meeting I Applicant provides contractors estimates for cost of improvements to be deferred If Improvements are deferred. City Council Holds Public Hearing/Acts on Preliminar Plat Applicant gets permits, installs imp- rovements. r City and/or utility inspect improvements ate Upon approval by Public Works, applicant provides financial guarantee in the amount of 150% of the cost of the improvements. 471 ��A�" i;�..•=i1;'i:;'LK4 i+;:;y��:tu.i; Applicant submits final plat application. T Depts. Review for Complete- ness. If Incomplete If complete Planner • coordinates Dept. Review T Public Informational Meeting r City Council Holds Public Hearing/Acts on Final Plat. T Final Plat is Recoreded with King Co. T Applicant installs deferred improvements, withproper permits and inspections. T Upon acceptance of improvements, City releases financial guarantee. Letter of Incomplete Application mailed. PLANNING COMMISSION MINUTES FEBRUARY 6,1997 Mr. Meryhew called the work session to order at 6:05 p.m. Members present were = �: Meryhew, Malina, Livermore, and Marvin. Commissioners Stetson and Neiss were excused. Representing the staff were Jack Pace, Michael Jenkins and Sylvia Schnug. 6 JU 00 Mr. Pace said that he had met with Mr. Livermore and explained the State and Federal co w Lu definitions of solid waste and decided a memo to the Commission was not needed.UJ 1.- U) u_ 0 There was a consensus by the Commission to proceed with the recommendation in the 2 memo from John Jimerson dated February 6,1997 regarding the subdivision ordinance, g Q and pass those on to the Council. c I▪ w Mr. Jenkins presented the memo dated January 30, 1997 regarding the Commission's z 1- request for further clarification on specific issues dealing with some of the revisions to z o the Parking Code. Mr. Jenkins noted that he had met with Bill Arthur of Segale to 111 review some of the issues. o • P Mr. Meryhew said that in order to expedite the work session, he suggested that Mr. = w Arthur be able to interject thoughts and comments throughout the work session for purposes of discussion. The Commission agreed. — ▪ Z Lij Mr. Livermore said that the change in definition of Gross Leasable Floor Area to Usable P. I Floor Area will reduce parking requirements on the average from 10-15%. Mr. Z Livermore suggested deleting the whole shared parking section, because there is another section that allows the Director to reduce parking and go to the Commission for a further reduction. That could be replaced with a statement that reads something like, "When two or more property owners agree to enter into a shared parking agreement, the setbacks and planning requirements on their common property lines may be waived, and that land used for parking, driveway, or building. The City may require that there be a reduction in the number of road accesses in some areas." This gives incentive to adjacent property owners to go into a shared parking arrangement because they have additional land to use. Mr. Arthur said if four separate businesses are on a single property, it would be to that single property owner's advantage to require his tenants in those four separate businesses to request a reduction in parking. That might be to the detriment of the surrounding properties because it wouldn't reduce it based on demand or market forces, but on the landlord's ability to control the parking. With two separate property owners, a reduction in parking would require cooperation, such as joint access. Mr. Livermore said he is proposing to delete 1. a) and b) and the only thing under Shared Parking is if two adjacent property owners agree to a shared agreement, they ...�Mnx....,,,.......„ February 6, 1997 TO: Planning Commission FROM: John Jimerson, DCD SUBJ: Subdivision Ordinance Following Bill Arthur's comments at the January 23, 1997, public hearing on the draft subdivision ordinance I have met with Lori Pennard, a representative of Segale Business Park, to discuss their comments and concerns. Editorial There were several types of editorial comments suggested, such as the manner in which code citations are made, grammar, punctuation, and minor language clarification. If the Planning Commission desires, we can redline all editorial changes for the City Council. Because the changes are strictly editorial however, for the sake of clarity we recommend that the editorial changes not be redlined. Substance Below are suggestions for changes to the substance, with a brief response from staff. 1. There are several sections that require the location of public street rights-of- way and private access easements be provided as part of an application (See TMC 17.12.020(8)(C)). The proposed change is to also require public access easements. Staff agrees with this change. 2. Applications are required to identify trees located on sensitive areas (For example, see TMC 17.12.020(8). Concern was raised that if the trees are not going to be removed, there is no need to map their location. Staff generally agrees with the concern, and we suggest that additional language be provided: "Location, size and species of any trees located within a sensitive area or its buffer or the shoreline zone unless none of these trees are to be removed and their location is not likely to create undue hardship on individual lots with respect to the tree ordinance (Chapter 18.54 TMC)." z i • F - re U0 U o J = H • w w0 CO d =W t- _ z� I- 0 Z ~ w U� o - O I- wW w z U= O • ~ z 3. One method of providing public notice is to mail fliers to tenants located within 500 feet of the site. Concern is that mailing to tenants is burdensome and should not be required. With the recent 1724 ordinance adoption, the City Council applied this requirement to several land use decisions including subdivisions. We do not recommend the standard be changed with this ordinance. 4. Deadlines for internal processes have been eliminated (For example see TMC 17.14.030(b)(2)) which Ms. Pennard would like to keep in the ordinance. We are recommending no change be made. With the 1724 ordinance adoption process deadlines have already been established. The type of deadline shown to be deleted are internal management tools, and would be given undue weight when adopted by ordinance. 5. TMC 17.14.040 allows for phasing, but not unless all the facilities necessary to serve the phase are installed at the time the phase is recorded. We agree with the suggestion to allow bonding or other financial guarantee be provided to allow improvements to be deferred. 6. Incorporate the time limitation (Chapter 58.17 RCW- State Subdivision Statute) which states a decision must be made within 90 days of the date of subdivision application. We will review this matter with the City Attorney and the applicability of this time frame in Tight of the 120 day time limit required by 1724 days. 7. TMC 17.20.030(e)(3) requires pedestrian improvements to be designed to provide a "safe, convenient and pleasant pedestrian network." It was suggested that the word "pleasant" is too vague and should be deleted. Staff would support this change. 8. Not an ordinance issue, but Ms. Pennard suggests we identify administrative processing times with the application packet. When the applications are changed subsequent to adoption of this ordinance, that suggestion could be incorporated. Summary: We intend to make the suggested editorial changes, unless the Planning Commission prefers otherwise. We will also suggest, in our Staff Report to the City Council, that the changes identified in Nos. 1, 2, 5 and 7 (and possibly 6) be considered by Council. Of course, Segale Business Park representatives may wish to raise any issues not addressed by staff, during Council consideration of the subdivision ordinance. z w JU 00 co• wo J w• 0 g a =a �w z�=. �=o wuj~ 0- wW U.- -U. 0 wz U(4 H� 0 z Date: 7 -May -97 09:19:51 From: JOHN -J (JOHN JIMERSC To: STEVE Copies -to: ALEXA Subject: RE: Leasing Requirements Message -id: 3749703301000000 Application -name: MHS >Date: 7 -May -97 09:02:19 >From: STEVE (STEVEN J. LANCASTER) >To: JOHN -J >Subject: RE: Leasing Requirements >Message -id: 1 B45703301000000 >Application -name: MHS »Date: 6 -May -97 14:36:27 »From: JOHN -J (JOHN JIMERSON) »Subject: Leasing Requirements »Bob - Alexa Berlow in our office is working on a proposal for an Outback »Steakhouse to be constructed on the Double Tree Guest Suites site. »Outback is asking if they can lease property on a 10 year basis. TMC »17.16.020 says that to lease land for construction of more than one »principal building on one lot of record, the developer must meet the »requirements for a Binding Site Improvement Plan (BSIP). Since this »would be the second principal building on the lot of record, do you »think they need to do a BSIP? Would requiring them to do a BSIP »violate any state statutes? I would appreciate if you sent your »response to both Alexa and me. Thanks...John >John, I'm curious about your question about requiring a bsp violating >state law? Steve - Probably it's just a mental hurdle I've created based on my own ignorance. TMC seems clear that BSIP is required. RCW 58.17.040 (6) seems clear it would not be exempt from subdivision statutes. If both of these statements are true, then it seems really strange to me that we have not had any BSIP's to this point in the history of Tukwila. Is it really that rare for portions of commercial and industrial sites to be leased? I am likely being over cautious, but really, dealing with leases vis a vis subdivisions is new territory for me. John Figure 35: Roofline variations add interest to simple building forms and help reduce perceived mass. Figure 36: The roofline, windows, and details of this building break up the facade of an otherwise horizontal building. Note how the awnings and lights provide human scale while their repetition relates back to the building massing. City of Tukwila: Draft Highway 99 Design Guidelines Discussion Draft GUIDLIN5.DOC 11/20/96 Page 57 Date: 14 -Apr -97 11:12: From: ATTORNEY (MIKE KEN JN/BOB NOE) To: JOHN -J Subject: RE: Filing of Plats Application -name: MHS Message -id: 2711523301 DEDEDE In -reply -to: 48614E3301000000 >Date: 11 -Apr -97 16:05 >From: JOHN -J (JOHN JIMERSON) >To: ATTORNEY (MIKE KENYON/BOB NOE) >Subject: Filing of Plats >Bob or Mike: RCW 58.17.140 states that preliminary plats shall be >approved, disapproved, or returned.... within 90 days from the date of >filing. How does this square with the 1724 120 day requirement? I >recall (or so I think I recall) in developing our 1724 ordinance that >Bob Johns felt the 120 day requirement would prevail. Do you think this >is correct? John John - I agree with Bob Johns for the following reasons: Generally, unless 1724 specificially states that the 120 day requirement it contains supplants or replaces all other (shorter) time periods that may be provided in other statutes, then the shorter time period (90 days) for preliminary plats would apply. 1724 does, however, make quite clear that its purpose is to reduce a multiplicity of guidelines for various land use and development permits. It also makes clear that uniform processes for all land use and development permits would be more efficient. See RCW 36.70B.010. 1724 also provides that the 120 day period is applicable to all "project permit applications." See 36.70B.090. Project permit application is defined as "any land use or environmental permit or licesne requried from a local government for a project action, including but not limited to building permits, subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, etc ..." See RCW 36.70B.020. Clearly, a preliminary plat application would fall within the scope to the definition. For the foregoing reasons, I believe the 120 day period applies. If you have any further questions, let me know. Thanks. Bob Figure 6: This building is located within 15 feet of the intersection. The corner of the building is notched to provide a necessary sight distance triangle. Figure 7: Provide direct pedestrian connections to building entrances and landscape enhancements when buildings are set back from intersections. City of Tukwila: Draft Highway 99 Design Guidelines GUIDLINE.DOC 12/20/96 Discussion Draft Page 12 rat,. yj �� �i. ;is jl:Sre,Sc�,at.' +iS:Kt +.0.Z;XL.Vrit ilVEti'A`.nkre 4/109'm'iulikivXc''J'.",t�5F;.Wi.�a�,wii �U 00 NO CO J1— w O. gco Q =d �w Z O w w 00 -. 0E - w UJ - LL- O wz UiE 0 Z Michael Bergstrom, AICP P.O. Box 19614 • Seattle, WA 98109-6614 • TEL (206) 286-8944 • FAX (206) 281-8244 March 21, 1997 Mr. John Jimerson City of Tukwila Suite 100 6300 Southcenter Boulevard Tukwila, WA 98188 Dear Mr. Jimerson: RE: Proposed Subdivision Ordinance. At our pre -application meeting of March 20, 1997, you suggested that I leave my name and address if I wished to receive a copy of the proposed subdivision ordinance, once it is revised to reflect the Planning Commission input. I neglected to leave that information following the meeting, so please consider this letter my request for that ordinance. I would like the ordinance, once revised, sent to me at the above address. If there is any charge for this material, please let me know. Thanks for your assistance. . rnwirt Ply Date: 14 -Feb -97 08:53 From: MIKE -K (MIKE KENYOE , To: JOHN -J Subject: RE: Subdivision Ord. Application -name: MHS Message -id: 1 E28043301 DEDEDE In -reply -to: A332033301000000 >Date: 13 -Feb -97 15:26 >From: JOHN -J (JOHN JIMERSON) >To: MIKE -K (MIKE KENYON) >Subject: Subdivision Ord. >Bob - >We have received public comment on the subdivision ordinance relating to >the definition of 'Right -Of -Way". Specifically, ROW is defined as being >city owned. The commentator suggests that right-of-way does not have to >be owned by the city. It can be privately owned with an access easement. >Do you see any difficulties with saying ROW can be either publicly owned >or privately owned with a public easement? >John >Brian, Steve - any thoughts on this? John, the commentator is correct. The city could have ROWs as a result of an easement instead of possessing a fee interest in the ROW. I think the additional language is appropriate. I would like to get Steve Lancaster's opinion on this. RECEIVED JAN 2 .1 1997 COMMUNITY DEVELOPMEKIT JIM HART ANL ASSOCIATES 220 SIXTH STREET, KIRKLAND, WA 98033 PHONE B22-4171 w January 20, 1997 re 2 6U 000 J t- S2w w0 2� gQ "±" w Z F- 0 z 1- w • w 0 O P - o w W 1- 0 w z O - f= 0 �'- City of Tukwila Department of Community Development 6300 South Center Blvd. Suite 100 Tukwila, Wa 98188 Attn: John Jimerson, Associate Planner RE: DRAFT SUBDIVISION ORDINANCE Dear Mr. Jimerson, Thank you for sending us a draft copy of the proposed sub- division ordinance. We have recently reviewed this document. This document and the changes that it advocates, appears to contain significant improvements over the existing system. The increased flexibility and responsiveness is particularly apparent regarding short plats, binding site improvement plans and survey requirements. We appreciate the City's efforts in this area and the opportunity to comment on the proposed changes. HN RUBENKONIG z Date: 27 -Jan -97 10:13:23 From: STEVE (STEVEN J. LA1 ASTER) To: JOHN -J Copies -to: JOHN-M,MIKE-K,RHONDA,ALEXA,BOB-B,DAVE-GARY,DIANA-P,DUANE,GARY-S JACK,KELCIE,KEN,MICHAEL-J,MOIRA,NORA,REBECCA,SHELLIE-B,STEVE,SYLVIA-M, SYLVIA-S,VERNON,DCD-INTERN Subject: RE: Taped Phone Calls Message -id: C37FEC3201000000 Application -name: MHS >Date: 27 -Jan -97 09:51:39 >From: JOHN -J (JOHN JIMERSON) >Subject: Taped Phone Calls >Steve - >I received a call from Roger Walsh who wanted info regarding subdivision >hearing notice. He started by asking me to state my full name and title >and then told me the conversation was being recorded. Because he >received the Hazelnut only the day before the hearing, he felt notice >was not sufficient. I explained the efforts we made - that the hazelnut >is not our usual mode, but we since the timing permitted, we used it for >ADDITIONAL notice. He seemed satisfied that we had done a decent job >providing notice. Of course I took his address to provide notice for >council hearing. >Question: - Do you have any concerns with people recording >conversations with us? I don't see any problem, although it is a clear >indication of Mr. Walsh's perceptions on how business is done. Through this response I am asking Bob Noe to comment or provide advice on how we should respond to requests to tape telephone conversations. My strong preference would be that requests to tape telephone conversations be politely declined, with an offer for a face-to-face meeting. I would like to be consulted regarding any such request. In most cases I would not object to a face-to-face meeting being taped, if we also tape the meeting. Bob, any comments? Nhp JEE yrs City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director Staff Report To Planning Commission Prepared January 13, 1997 HEARING DATE: January 23, 1997 NOTIFICATION: FILE NUMBER: APPLICANT: REQUEST: Public Hearing Notice published January 10, 1997 Notice Mailed to interested parties January 2, 1997 L96-0072 E96-0033 (SEPA) City of Tukwila Changes to the Tukwila Municipal Code, Title 17, Subdivision Ordinance and Title 18, Zoning Ordinance. SEPA DETERMINATION: DNS RECOMMENDATION: Forward a recommendation of approval to the City Council. STAFF: John Jimerson ATTACHMENTS: A. Draft Ordinance - Bill Form B. Draft Ordinance - Clean Version (w/o defs) 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 4313670 • Fax (206) 431-3665 ii �t�s�r^yjY��7 Background This is the second public hearing the Planning Commission has conducted on the proposed Subdivision Ordinance amendments. The first was held in December 1996. Since then, additional outreach has occurred in an effort to encourage public review and comment. z w • A notice of this hearing was mailed to applicants and property owners for lot line adjustments, short plats and subdivisions that have occurred since 1992. - o Co • The notice was also mailed to surveyors in Seattle and South King County. JLLI �w • An article was published the January issue of the Hazelnut. w 0 • The Chamber of Commerce was briefed in January. a • Notice was published in the Seattle Times. z1._ Two versions of the draft subdivision ordinance have been prepared for this w o w meeting. The Planning Commission's version includes all of the underlines and overstrikes. The version distributed to the public does not. Because the 8 versions have different pagination, any member of the public that testifies should reference the code by section rather than page. ▪ 0 LIo LUz v =. The ordinance is substantially the same as was presented at the last meeting. In z F addition to technical editing, several minor changes have been made based on the discussion at that meeting, including: Recent Changes • Minor technical items raised by Barghausen Engineers and Keith Dewey in their reviews, as discussed at the December public hearing. • Amended road width standards (17.20.030(c)(6)(A)) so that all classes of streets that have a range for the paving width also has a range for the right- of-way width. Collector arterial ROW width was changed from 60 feet to a range of 60-80 feet and access road to a range of 50-60 feet. • The residential private access road easement width was reduced from 30 feet to 20 feet to be consistent with actual practice (17.20.030(c)(5)(D) and (c)(6)(A)). • There is a provision which allows submittal of improvement plans in digital form. Specific reference to Auto Cad has been eliminated in favor of requiring electronic files be submitted in a format acceptable to the Page 2 • Department of Public Works. This will provide flexibility as the technology changes. • The prohibition of through Tots (17.20.030 (0(4)) has been deleted. Given the scattered and in -fill character of land available for platting, prohibiting through lots may be unnecessarily restrictive with marginal benefits. z ~w • There was question as to how far off the site must an applicant identify sensitive areas and topography. The proposed change requires only that the -J o applicant provide location of sensitive areas and buffers that are located on u) w the site and topographical contours be shown for a minimum of five feet w beyond the boundaries of the site (17.12.020(8)(I); 17.14.020(7)(I);.and mu 17.16.030(7)(1)). This information will help ensure an appropriate transition is w made between the project site and adjacent sites. g uj • The tree inventory requirement in 17.20.030(a)(2) has been eliminated as it w duplicates the application submittal requirement. z F- o zF- w w U0 Forward a recommendation of approval to the City Council. If substantial o D- changes are made by the Planning Commission after the Public Hearing, we can w w schedule a follow up meeting to review those changes after they are 0 incorporated in the draft. u w z 0= z Recommendation Page 3 i•leacitmepa Vtriait Saidivideca Ofrairia.rece tteideopt , ' . .. „, ,:!!..".!!'!.4z44',,!;;;Acr;44,4446,,!1,,,,114/wi;:l'il,c2i;Fxt",;!4;y,c.:476,1!.).;,!iii;4;1,!;:!iri!A;k4.4:111.ii.4,40..tx!kWit'iWO!!.•44;.4.(414 4W.46;402:!k,!:!tiVg!,‘..44.fri4Wrill)iritg':( DRAFT - FOR PUBLIC & PLANNING COMMISSION REVIEW January 23, 1997 Title 17 SUBDIVISIONS AND PLATS Chapters: 17.04 General Provisions. 17.08 Boundary Line Adjustments and Lot Consolidations. 17.961_2_ Detailed Procedures for Short Subdivisions. 17.114 Detailed Procedures for Subdivisions. 17.16 Detailed Procedures for Binding Site Improvement Plan. 17.20 Design and Improvement Standards for the Subdivision of Land. 17.24 Procedures for Public Improvements. 17.322a Exceptions, Penalties, Severability, Liability. Chapter 17.04 GENERAL PROVISIONS Sections: 17.04.010 Title. 17.04.020 Purpose. 17.04.030 Scope, Exemptions. 17.04.040 Definitions. 17.01.050 State enabling legisiati 17.01.070 Exceptions. 17.04.050 Dedications. 17.04.060 Survey Content. 17.04.0870 Notification of other agencies. 17.04.010 Title. This code shall be known as the "City of Tukwila Subdivision Code." 17.04.020 Purpose. The purpose of this code is to provide rules, regulations, requirements, and standards for subdividing land in the City, insuring that the public health, safety, general welfare, and aesthetics of the City shall be promoted and protected; that orderly growth, development, and the conservation, protection and proper use of land shall be insured; that the character of the developing area is safeguarded and promoted; that proper provisions for all public facilities including circulation, utilities, open space, and services shall be made; and that the goals and Draft Subdivision Ordinance Planning Commission, January 23, 1997 1 • policies of the Tukwila Comprehensive Land Uce-Policy Plan are furthered through the subdivision of land. 17.04.030 Scope, Exemptions. (a) This-code-shall-appl te-the-divisie Tukwila shall comply with Chapter 58,17 RCW. The subdivision of land within the City of (b) Where this code imposes greater restrictions or higher standards upon the development of land than other laws, ordinances or restrictive covenants, the provisions of this code shall prevail. (c) Exceptions: This ordinance shall not apply to divisions and activities described as inapplicable jn RCW 58.17,040: PROVIDED THAT. boundary line adjustments and lot consolidations are subject to the provisions contained in Chapter 17,08: PROVIDED FURTHER THAT binding site improvement plans are subject to the provisions contained in Chapter 17,16. 17.04.040 Definitions. The definitions of the zoning code. Chapter 18,06 TMC. are hereby adopted by reference. ons are co riiti nod>w/: he tonin <:code:for:<the ur o4. . gu tin and eliminatingduplication and. inconsistencies ...: subdivision definitions can he found near the end of this ordinanc " nnent plan" means an inn d assigns. (3) "Block" means a group of lots, tracts or pa , i - - - - - - - - - • - - - - - ll-defined-and-f+xed-boundary, ('1) "Buffer strip" means a strip of land -e l-ENandsca g geof a -subdivision: is-rclated to an -approved -bin must-accompany-any-building--permit--application-for--G of -land. Draft Subdivision Ordinance Planning Commission, January 23, 1997 2 .41k - • (9) "Dedication" means a deliberate --a opr-iation-o g t�-te-himsel#ne-othe showing-the-ded' ; aR -lam--the e€-4irg-6euakyr kAlashin ecr (11) " except-fec-saaa ate - (11) "Land surveyor" means an -individual -regi r parcels. Draft Subdivision Ordinance Planning Commission, January 23, 1997 ARAmmhiAt ,141, a�Gtx li�.l 3 �, :..kS�r�"r�'-', s'��"�%; k.{'its?!i;�:.;'*YV�rcp;cvs���}*ye},.!^;m���ae,,�t�r..�•^'�+q�.�.. r 1�w-zh.��.y r.rr+.15.; 4��-Lss.Y+ny:S k9Y ;i��:4�,-.�a:"'�u w,>p�`:. ..J� �m�r��� � �rµ,��t•::�:.;c as,: �r,�:��Yr�ti.;�y, (19) "Lot i ns-th (20) "Lot of- record" means a lo sensidered-front nd may -be ---- ely as a eu of a agreements. (21) "Planning -Gem -• - - - -" . = - sipal-code- (25) "Pl " eee ns -a• min nd-mai to Section 17.21.030 and -1 . Draft Subdivision Ordinance Planning Commission, January 23, 1997 y ,, . ,.;r.:a'%r:�.�it' ?'Xn`v+»Si:�t {3`�'�xa.�{"' .� �t`�'6x£, 'IA' 0646'. MAZie.,,'ay2`+f?SI'ldp'id?!'-Y';?h..fi}!yV,U`v,�t.: 4 #?FVe.atm,N..a.•'.`^rLLStG1.r:.A"..: 1A?�w:';".y;Mii+'r.... 4.'ri�. {y�...,w�:....-n...{a.ws�. LLF+tt 1*':;i:�'Si '✓....�"a, re-leasehold-aQFeemeAce (31) "Short subdivisio " en -of -land -int division - - - - - " " !vision, (36) "Tract" means a par- ' ---- =- -- ---• - -stefieg-authority- (b) City Council: The Tukwi anal -Mats: (c) Short Subdivision -Committee: The Sher bdivisien-Gori to—approve—all short plats and bounda 17.04,070--€xceptions. ref!attn. ;CommcO ,.. i a's[datonsand on (1) Cemeteries and bu (2) Division of land into lots or tracts-whefe-tqe-smaile ht -of -way {3) Division} -ma fefeclosufe-of •se s - n -sour ordef; or -by Draft Subdivision Ordinance Planning Commission, January 23, 1997 5 • (1) Boundary l' ne-new lot is created th quiFern zoning -control; 17.04.050 Dedications. F -division 18-ef-the-Tukwila (a) Act of dedication: The intention to dedicate real property to the public shall be evidenced by showing the dedication on the plat prepared for approval. All dedications, including easements. rights-of-way and real property shall be clearly and precisely indicated on the face of the plat, Unless specifically noted otherwise on the plat. approval of the plat for recording shall constitute acceptance of the dedications. (b) Public streets: All streets and parcels of land shown on the final plat and intended for public use shall be offered for dedication for public use, except the approving entity may allow the conveyance of certain public improvements to be conveyed to a homeowner's association or similar non-profit corporation, (c) Certificate: If the subdivision includes a dedication the final plat shall include a certificate of dedication or reference to a separate written instrument which dedicates all required streets and other areas to the public. The certificate or instrument of dedication shall be signed and acknowledged before a notary public by every person having any ownership interest in the lands divided and recorded as part of the final plat. j1) Title Report: Every proposed final plat containing a dedication must be accompanied by a title report confirming that the title of the lands as described and shown on the plat is in the name of the owners signing the certificate of dedication. 17.04.060 Survey Content. Otto`i;to`detifyu kveytanda'ds Whenever a survey is submitted for a short plat or subdivision the following information shall be included: (a) The name of the plat. City of Tukwila file number graphic scale and north arrow. The survey shall be done to a scale of 1 inch equals 100 feet unless otherwise approved by DCD, and shall be drawn with black drawing ink on 18 inch by 24 inch mylar sheets. Draft Subdivision Ordinance Planning Commission, January 23, 1997 6 (b) Existing features such as rivers, streets. railroads and structures. (c) The lines and names of all existing or platted streets or other public ways. parks. playgrounds. and easements adjacent to the final plat. subdivision or dedication. in_cludinq_ municipal boundaries. township lines, and section lines. z (d) In the event the plat constitutes a replat the lots. blocks, streets. etc,. of the previous plat ~ w shall be shown by dotted lines in their proper positions in relation to the new arrangement of the plat. the new plat being shown in solid lines so as to avoid ambiguity. 0 0 (e) Legal description of the subdivision boundaries, w CDw (f) A complete survey of the section or sections in which the plat or replat is located. if w 0 Q =a w Z zI- necessary. including: (1) All stakes. monuments or other evidence found on the ground and used to determine the boundaries of the subdivision. Location and monuments found or reset with respect to any established centerline of streets adjacent to or within the proposed subdivision. All other monuments found or established in making the survey of this subdivision or required to be installed by provisions of this title. (2) City or County boundary lines when crossing or adjacent to the subdivision. (3) The location and width of streets and easements intersecting the boundary of the tract. (4) Tract. block and lot boundary lines and street rights-of-way and centerlines. with dimensions. bearings, radii. arcs and central angles, points of curvature and tangent bearings. Tract boundaries. lot boundaries and street bearings shall be shown to the nearest second with basis of bearings. All distances shall be shown to the nearest one- hundredth foot. (5) The width and location of existing easements and rights-of-way and of easements and rights-of-way being dedicated. (a) Lot and block numbers beginning with the number "1" and numbered consecutively without omission or duplication. (h) Tracts to be dedicated to any public or private purpose shall be distinguished from lots ded or •eneral develo•men w'th notes s a 'n• he'r •ur•ose and a 1 -1 11 - (i) The plat shall include the following statements: (1) A statement to be signed by the Public Works Director approving the survey data. the la • u o he stree s a le s and o her ri • hts-of-wa desi • n of b ' e s - - • - systems. drainage systems and other structures. . • - 1! w Draft Subdivision Ordinance Planning Commission, January 23, 1997 7 (2) A certificate bearing the printed names of all persons having an interest in the subdivided land. signed by the persons and acknowledged by them before a notary public. consenting to the subdivision of the land and reciting a dedication by them of all land shown on the plat to be dedicated for public uses. and a waiver by them and their successors of all claims for damages against any governmental authority arising from the construction and maintenance of public facilities and public property within the subdivision. t=- w Ce (3) A certificate with the seal of and signature of the surveyor responsible for the survey -J o and final plat with the following statement: o o cow tu "1 . registered as a land surveyor by the State of Washington. certify 1- that this plat is based on an actual survey of the land described herein. conducted by w o me or under my supervision: that the distances. courses and angles are shown thereon g correctly: and that monuments other than those monuments approved for setting at a g 5 later date, have been set and lot corners staked on the ground as depicted on the plat." c Iw (4) Certification from the King County Treasurer that all taxes and assessments for which Z the property may be liable have been duly paid, satisfied or discharged as of the date of 1, o certification. z I- LL! w (5) Certification of examination and approval by the County Assessor. o o— (6) Recording Certificate for completion by the King County Department of Records and w w Elections. v LI"o (7) Certification of Examination and Approval by the Seattle - King County Health w z Department when the lot(s) are served by septic system(s). v 17- = 0 z (8) City of Tukwila Finance Director Certificate that states there are no delinquent special assessments. and that all special assessments on any of the property that is dedicated as streets. alleys or for other public use are paid in full at the date of certification. (9) Certification by the Public Works Director that the subdivider has complied with one of the following: (A) All improvements have been installed in accordance with the requirements of this title and with the preliminary plat approval, and that original and reproducible mylar or electronic records in a format approved Public Works and meeting current Public Works drawing standards for road, utility and drainage construction plans certified by the designing engineer as being "as constructed" have been submitted for city records. (B) An agreement and bond or other financial security have been executed in accordance with Section 17.24.030 of this title sufficient to assure completion of required improvements and construction plans. Draft Subdivision Ordinance Planning Commission, January 23, 1997 8 (10) Certificate of dedication pursuant to TMC 17,04.050(d). (11) For short plats. bindi g site improvement plans and boundary line adjustments. a certificate of approval to be signed by the DCD Director. Public Works Director and Fire Chief: (12) For subdivisions a certificate of approval to be signed by the Mayor and City Clerk. 17.04.0870 Notification of other agencies. Notice of the filing of a preliminary plat within 1,000 feet of the municipal boundaries, or which contemplates the use of special use districts or other city's or town's utilities, shall be given to the appropriate special districts, county, city or town authorities. Notice of the filing of a preliminary plat located adjacent to the right-of-way of a State highway shall be given to the State Department of Highways. In addition, notice of all preliminary plats shall be submitted to the appropriate school district. All such notices shall include the hour, location, and purpose of the hearing and a description of the property to be platted. Chapter 17.08 BOUNDARY LINE ADJUSTMENTS AND LOT CONSOLIDATIONS Sections: 17.08.010 Purpose. 17,08.020 Scope. 17.08.030 Preliminary Approval. 17.08,040 Recording. 17.08.050 Expiration, 17.08.010 Purpose. nate rev ew;prd.:660 for A's! n:elud 6'4 It is the intent to provide an efficient and timely process that allows consistent review: to ensure such actions do not create non -conformities with zoning and other city regulations. to provide a permanent record of boundary line adjustments and lot consolidations: and to ensure appropriate provisions are made for access and utility easements: in a manner consistent with RCW 58.17.040(6). 17.08.020 Scope. This chapter applies to all boundary line adjustments and lot consolidations which are otherwise exempt from subdivision regulations (58,17,040(6) RCW), Draft Subdivision Ordinance Planning Commission, January 23, 1997 9 17.08.030 Preliminary Approval. eceive • r-1' 'na a royal the a. •lican mus sub i • DCD in quantities specified by DCD. and meet the criteria for approval. (a) A complete application consists of the following: (1) A completed application on a form provided by the Department of Community Development and fee. • • 1 f - - -Si _ •1 (2) A neat and readable plan drawn to a standard decimal (engineer) scale, A survey may be required if it is determined that level of information is needed to ensure the adjustment meets the approval criteria. The plan shall show the following information: (A) Property lines. with those that remain in their existing location shown as a solid line. those that are being moved or removed shown as a dashed line. and those that have been relocated shown as a solid line and clearly identified as a relocated line. (B) Dimensions of all property lines and area of the Tots. before and after the adjustment. z ~ W CL 2 00 u)o UJ J = �w wo Q2 LL j a z� �- 0 z f - w U� co o OH w (C) Location and floor area of all structures on the site. and their setbacks tea—. u.. from existing and new property lines. (D) Location and purpose of all easements on the site. (E) Location. purpose and legal description of any new or extended easements proposed, (F) Location of adjacent public roads and points of access from the public road(s) if a lot does not front on a public road. show how and where access is provided. (G) Location of existing utilities and utility easements. tI.) Calculations which demonstrate that required yards of the Uniform Building Code are met. (3) Before and after legal description of the affected lots. Draft Subdivision Ordinance Planning Commission, January 23, 1997 10 7:f Airn w ..z U 0 z (b) In order to approve a boundary line adjustment or lot consolidation. the Short Subdivision Committee shall determine the project complies with the following criteria: eemn� ac a prOai criteria are necessarily Itmited !in aar No additional lots, sites, parcels, tracts or divisions are created, The adjustment will not create non -conforming Tots with respect to zoning dimension and area standards, zoning setbacks and lot area coverage standards. The degree of non-conformance on existing non -conforming lots with respect to zoning dimension and area standards. zoning setbacks and floor area ratio are not increased. All lots have legal access to a public road. Existing access improvements and easements are not diminished below subdivision ordinance standards for Tots that are served by a private access road. Existing easements for utilities are appropriate for their intended function. or they are extended. moved or otherwise altered to an appropriate location, The adjustment does not create any non -conformities with respect to the Uniform Building Code or any other locally administered regulation. 17.08.040 Recording. div=s`e'i~lIrt':t o{'clan. ecordn'g rocess After preliminary approval has been granted. an application for final approval shall be submitted to DCD for final review. (a) A complete final application shall consist of the documents required for recording which includes: (1) Drawing or survey of the boundary line adjustment. (2) Before and after legal descriptions of the affected lots. (3) Affidavit of ownership. (4) Application on a form provided by the Department of Community Development. (5) Other documentation necessary to demonstrate the conditions of the approval have been met, Draft Subdivision Ordinance Planning Commission, January 23, 1997 11 ,01 z • w 00 w= F- • u_ w Li. • a �w z= I- 0 z t - w • w O F - w w —'O w z U= O • F - z (b) Upon receiving approval from the City. the applicant will be responsible for picking up the documents from DCD and recording them with King County Office of Records. A copy of the recorded documents must be returned to DCD to finalize the approval process, The adjustment shall not be deemed complete until the City receives these documents, 17.08.050 Expiration The boundary line adjustment application shall expire if it has not been recorded within one year from the date of approval. Upon written request from the applicant prior to the expiration date. the Short Subdivision Committee is authorized to grant one extension. not to exceed six months. Sections: 47.98.010 Purpose. 17.9812.0210 Scope. .• e . . 17.08.010 17.08.050 17.08.060 17.12.020 17.12.030 Chapter 17.8812 DETAILED PROCEDURES FOR SHORT SUBDIVISIONS Application-Feguirements Fees. Review procodures. Preliminary Short Plat Approval. Final Short Plat Approval. 17.08.080 Filing of short plat. 17.0812.0940 Expiration -period. 17.8812.4000Limitations on further subdivision. Applications for short plat approval shall be processed as a Type 2 decision, subject to the provisions of Section 18.108.020 (TMC). 17.0812.0210 Scope. Any land being divided into few nine or fewer parcels, Tots, tracts or sites for the purpose of sale, lease, or gift, any one of which is less than 20 acres in size, and -whish has no -, shall meet the requirements of this section. Draft Subdivision Ordinance Planning Commission, January 23, 1997 12 artromo *moot rage mr+eeosc..av,,,WO.q Irr01.100,4,42 rIMMAWNv:.x.. Mcv+�vr„ •,y:rew�mtn.+raavr,,,.cnr unvcAM�'^'+rrM�*1 raxwa«:u,,, t;pYtrnm.srenwne.+ero+..�!n subdivision -64. e ee..e_0 e e0 -e ..0e • O-foc-eaoh-segr-egatecl-paFoel+ e • . ision-s-hall-not result in the inability to derive reasonable economic use of the property or croate an e e: e .0e0 -_ee open-spacs-GFoommon-tr-ast, 17.08.0,10 Application requirements. -.,„„„, • „„,:.:„:„„„„,:, PW tvu ated andrelocated into new section Development-OR4GMIS-p Gepies-4414e-shect-suladivision plat. (b) If the subjeot-site-is-within-th appnaval-Gf-a-plannocl residential -O subdivision-and-bounda-Fy-line' -adjustment. The standacds-a eadministFative-reView-and uireel-forthe-proposeel-shoFt e "••• e-- e - Draft Subdivision Ordinance Planning Commission, January 23, 1997 13 17.08.050 Fees. 17.12.020 Preliminary Short Plat Approval. (a) Application/Fees: The following items are required. in quantities specified by DCD. for a complete Short Plat application for preliminary approval, Items may be waived if in the judgment b 'visio Co m't ee h- are • a• •licab - o he • 1- I.i • • 1 1 (1) Items contained in Section 18,104,060 TMC. (2) Completed Preliminary Short Plat Application Form as prescribed by the DCD Director with fee. (3) Completed Application Checklist, c•11•1- e E Cl -ckl's a Iica io ro ec s no e (5) Complete applications for other required land use approvals. (6) A vicinity map showing location of the site. re • -d o he s • _ 1 en if ed i T .f 1,1.1 (8) Site and development plans which provide the following information: (A) The owners of adjacent land and the names of any adjacent subdivisions, (B) Lines marking the boundaries of the existing lot(s) (any existing lot to be eliminated should be a dashed line and so noted), (C) Locations of existing and proposed public street rights-of-way and private access easements. Draft Subdivision Ordinance Planning Commission, January 23, 1997 14 (D) Location. floor area and setbacks of all existing structures on the site, (E) Lot area. lot line dimensions and average widths for each lot. (F) Location of proposed new property lines and numbering of each lot. (G) Location. dimension and purpose of existing and proposed easements. Provide recorded documents which identify the nature and extent of existing easements. (H) Location of any proposed dedications. z (I) Existing and proposed topography at two foot contour intervals. extending to five = feet beyond the project boundaries, of w (J) Location of any sensitive areas and sensitive area buffers (slopes 20% or greater. o wetlands or watercourses) on the site. o 0 (K) Location, size and species of any trees located within a sensitive area or its' u) w buffer. -I F- (L) Location of existing and/or proposed fire hydrants to serve the project. o (M) Description. location and size of existing and proposed utilities. storm drainage w facilities and roads to serve the lots. (N) Expected location of new buildings and driveways, including finished floor u_ elevations of the buildings. = a E_w z� !-0 w~ ui 08.060(b) Review procedures. v 0 O 512 0- w W H - LI -0 wz UN H1- 0 z (9) Letter of water and sewer availability if the provider is other than the City of Tukwila. (al) Referral to Other Departments: Upon receipt of an application for a short subdivision-ar tine-adjut, the Department of Community Development shall transmit one copy of the application to each member of the Short Subdivision Committee, and one copy to any department or agency deemed necessary. (IQ Short Subdivision Committee (SSC): The Short Subdivision Committee shall consist of the Director of the Department of Community Development who shall be the chairnaR, the Public Works Director, and the Fire Chief, or their designated representatives. (sa) Short Subdivision Committee Decision: The Short Subdivision Committee may approve, approve with modifications, or deny the application for a short subdivision Of pursuant to Type 2 permit procedures. No formal meeting of the Committee is required so long as the Chair ! :: - - •• = • - _e•••••.• `= = - : •• = - obtains the recommendations and consent of the other members of the Committee before issuing a decision. (c) Criteria for Preliminary Short Plat Approval: The Short Subdivision Committee shall base its' decision on an application on the following criteria: (1) The proposed Short Plat is in conformance with the Tukwila Comprehensive Plan. and a y other such adopted plans. Draft Subdivision Ordinance Planning Commission, January 23, 1997 15 (2) Appropriate provisions have been made for water. storm drainage. erosion control and sanitary sewage disposal for the short plat which are consistent with current standards and plans. (3) Appropriate provisions have been made for road. utilities and other improvements which are consistent with current standards and plans, (4) Appropriate provisions have been made for dedications, easements and reservations. (5) The design. shape and orientation of the proposed Tots are appropriate to the proposed use for which the Tots are intended and are compatible with the area in which they are located. (6) Appropriate provisions for the maintenance of commonly owned private facilities have been made. (7) The short plat complies with the relevant requirements of the Tukwila Subdivision Ordinance. (8) The short plat complies with the requirements of the Tukwila Zoning Ordinance and other relevant local regulations. Required -improvements: tr "°ro ement re:quiirement ve peen com ned into new chapter tel the -division of land: may be required by the Short Subdivision -Committee; - - edication, an respective -requirements of Chapters 17.20, 17.24 sr 17. sign--standards- Draft Subdivision Ordinance Planning Commission, January 23, 1997 16 .+.mn+.n- •:«�wR�Mwn•sKror.inn,'t!2r.t .oft 'iti'tN+kt9nrFz'Ut�`�C7YNs 1i?t4?w:lr.?.W'?o„'+f;!sy':a;i:+r dtiw.7;ray.r.:;. •.r,:r..,.,:s,+.e�.,.��:.e.;v.rn:s•+,.ws..aKnr..,,s..�.....vsF z assept-the-improvement6- 17.12.030 Short Plat Final Approval spec, system suk n department w distinctive step in the pr consolidating the submit s for final approval ar results in confusion on ocess that is intended..to reduc tal and approval processes. Ur e' often incomplete and delivers the part of the applicant and the::i is . > y IUrraflt wrong: ka). Application: The following items are required in quantities specified by DCD. for a complete application for final short plat approval. Items may be waived if in the judgment of the Short Subdivision Committee said items are not applicable to the particular proposal: (1) Completed Short Plat Final Approval Form. (2) Completed Application Checklist. (3) Documentation of the square footage of each lot and mathematical boundary closure of the subdivision. of each lot and block. of street centerlines. showing the error of closure. if any. (4) A final survey which complies with the standards setforth in TMC 17,04,060 and with all certificates signed except for those signed by the City and those signed at recordi g, (5) A title insurance report confirming that the title of the land in the proposed subdivision is vested in the name of the owners whose signatures appear on the plat's certificate, (6) A bond in a form acceptable to the City Attorney pursuant to TMC 17.24,030 if improvements are to be deferred. (7) Legal descriptions of the all tracts located within the boundaries of the short plat, (8) As -built plans for all new roads and utilities. (9) Binding maintenance agreements to provide for the maintenance of commonly owned private facilities. (10) Signatures on the following certificates on the face of the plat (when appropriate) from the surveyor that prepared the plat, the King County Treasurer. Seattle -King County Health Department. City of Tukwila Finance Director Owners affidavit and certificate of dedication as identified in TMC 17.04.060(1). Draft Subdivision Ordinance Planning Commission, January 23, 1997 17 `"44.+:b1 (b) Final Approval Review Procedures: (1) The Short Subdivision Committee may grant final approval of the short subdivision when they find the criteria listed in subsection "c" below have been met. No formal meeting of the Committee is required so Iona as the Chair obtains the recommendations and consent of the other members of the Committee before issuing a decision. (2) Upon final approval of the short plat. the applicant shall record the plat and all other relevant documents with the King County Department of Records and Elections, The subdivider is responsible for paying the recording fee(s). Upon completion of recording. the applicant shall provide DCD with a copy of the recorded documents. The short plat shall not be considered final until these documents have been provided to DCD. z Iz �w O 0 co 0 w= 1- wo 2� (c) Criteria for Approval: To grant final approval of a short plat. the Short Subdivision Committee must determine that it meets the following decision criteria: u • a =w z� !- 0 Z F- (1) All requirements for short plats as set forth in the Subdivision Code are met. (2) All terms of the preliminary short plat approval have been met. (3) The requirements of Chapter 58.17 RCW, other applicable state laws, and any other applicable City ordinances have been met. (4) All required improvements have been installed in accordance with City standards or an improvement agreement with financial guarantee pursuant to TMC 17.24,030 has been entered into by the applicant and accepted by the City. (5) That the plat is technically correct and accurate as certified by the land surveyor responsible for the plat, plat e-applisan bond -shall -be -in -ars -amount -equal -to 150% of th s-Werks- (b) A short plan must be certified-fer-lieg-by414 be€ore-itis-€+led (c) SheFt-plats-shall-be-filed by the a ed instrument-sha 17.0812.040 Expiration period. experience has shown that six mond corX plete the process on many short pia Draft Subdivision Ordinance Planning Commission, January 23, 1997 • 18 LU • w Uw w_ oI- WW - O .z w • = O~ z If the short plat is not -filed recorded within six -months one year of the date of preliminary short plat =proval, the short plat shall become null and void. Upon written request by the subdivider prior to the expiration date, the Short Subdivision Committee may grant one extension of not more than six -months one year. 17.0812.0501-00 Limitations on further subdivision. ev: >'cOnsisfeine ........................................... ........................................ ........................................... qi.sstate:II a wf o r re s`u' Any land subdivided under the requirements of this chapter shall not be further divided for a period of five years without following the procedures for subdivision. except that when the short plat contains fewer lots than allowed for a short plat. in which case an additional short plat may be approved if the total number of lots within the boundaries of the original short plat does not exceed nine. Sections: 17.124.02.10 17.124.0320 17.1 x,0420 17.14.040 17.14.050 Chapter 17.124 DETAILED PROCEDURES FOR SUBDIVISIONS Scope. Preliminary plat-prssedt res. Final plat -procedures. Expiration. Phasing. 17.12.010 Purpose of-land-within-tho City. 17.124.0210 Scope. Any land being divided into five ten or more parcels, Tots, tracts or sites, for the purpose of sale or gift, any one of which is Tess than 20 acres in size, or any land which has been divided under the short subdivision procedures within five years and is not eligible for further short platting pursuant to Section 17.12.100 shall conform to the procedures and requirements of this section. 17.124.0320 Preliminary plat-prosed-uses. Draft Subdivision Ordinance Planning Commission, January 23, 1997 '1!wCh!43?. 19 f,?R,,!4e ' yfW Applications for preliminary plat approval shall be processed as Type 5 decision subject to the provisions of TMC 18.108.050. (a) Application: The following items are required, in quantities specified by DCD. for a complete application for preliminary short plat approval. Items may be waived if in the judgment of the DCD z Director the items are not applicable to the particular proposal: �z �w (1) Completed Preliminary Plat Application Form and fee, = -J C.) (2) Completed Application Checklist. v o CDw J (3) A complete SEPA Checklist application if project is not exempt from SEPA, w wo (4) Complete applications for other required land use approvals. 2 J (5) A vicinity map showing location of the site. a =w (6) A survey prepared to the standards identified in TMC Section 17.04.060. z ho (7) All existing conditions shall be delineated. Site and development plans which provide the w w following information: U o O (2)- O 1 -- w ▪ w 1- z w —z o (A) Owners of adjacent land and the names of any adjacent subdivisions. (B) Lines marking the boundaries of the existing lot(s) (any existing lot to be eliminated should be a dashed line and so noted). (C) Approximate names, locations. widths and dimensions of existing and proposed. public street rights-of-way and private access easements. parks and other open spaces. reservations. and utilities, (D) Location, floor area and setbacks of all existing structures on the site. (E) Lot area. dimensions and average widths for each lot. (F) Location of proposed new property lines and numbering of each lot. (G) Location. dimension and purpose of existing and proposed easements, Provide recorded documents which identify the nature and extent of existing easements. (H) Location of any proposed dedications. (I) Existing and proposed topography at two foot contour intervals extending to five feet beyond project boundaries. (J) Location of any sensitive areas and sensitive areas (slopes 20% or greater. wetlands or watercourses) on the site, (K) Location, size and species of any trees located within a sensitive area or its buffer. (L) Source of water supply. method of sewage disposal. and manner of surface runoff control. (M) Location of existing and proposed fire hydrants to serve the project. (N) Description. location and size of existing and proposed utilities. storm drainage facilities and roads to serve the lots, oe Draft Subdivision Ordinance Planning Commission, January 23, 1997 20 z (0) (P) A survey of existing trees and vegetation with a retention/removal plan for the preservation of significant trees and vegetation. Expected location of new buildings. their driveways and finished floor elevations. (8) Letter of water and sewer availability if the provider is other than the City of Tukwila. (9) King County Assessor's maps which shows the location of each property within 500 feet of the subdivision: Three sets of mailing labels for all property owners and tenants (residents or businesses) within 500 feet of the subdivision. (10) Items required by Section 18.104.060 TMC not already listed above. (a)—Application: (2)—At—least-five-copies of the preli •- - - - land-suweyor-, c preliminary plat, p- • shcc, shall accompany -the -application: (b) PFoliminar-y-PIat-Regi irements:-� he -following -shall -be -part -of -the -plat: (1)Vicinity-Map- --Adequate tto-; ei dily- identif,;-theIocatie n -of -the -gist in relation to its surrounding-uisinity7 (2) Preliminary Plat - The -preliminary plat-shall-includ 'ng= (A)—The-subd vision -name and number, an F (B) The-date-of-preparation-tho true--north-poi- of-the-property-prepesed-for--subdivision. Plats shall be drawn to an appropriate engineering -(decimal) -scale of no -less -than -on (C) All existing -conditions -shall -be -delineate existing -or -prior -platted --streets or other public-ope tion -and -municipal -some proposed -for -subdivision -shall -b encs -and -parks of the -origins sated -shall-be shown -by -dotted -lines in th - - - - _ • - _ subdivision, the new--subdivision-being clearly depicted -in --se ' ambiguity. Existing -sewer -and -water lin , the -property -proposed -for -subdivision, inndicating-p' obtained from -public -records; -shat dayNin , subdivided-or-unsubdivided, shall be indi r a distance of 300 -feet from -the -external -boundary of-th existing -land -use -classification; (D) A survey of existing -trees -and veg- tion of significant treec and -vegetation; (E) Exicting contours-(solid)-and-proposed-ssntowrs-(d less-and-referenced-te-the-LJnited States Coast and -G All-sentauFlines-sha�� "..-be-ended-atleast400 feetbeyond-th he property -proposed -for -subdivision; •e ee e•- - e __ Draft Subdivision Ordinance Planning Commission, January 23, 1997 21 (F) The names, locations, widths -,—an er o purpose-and-any-ssnditiG (G) Clearly indicate the (H) Indicate the ap (I) Indicate the -acreage of lan ' ' e the -smallest -lot (b) Review Procedures: et-and-allet ; (61) Referral to Other Offices: Upon receipt of a complete and -satisfactory preliminary plat application, the Department of Community Development shall transmit a notice of application and one copy of the preliminary plat to each of the following offices, where appropriate: Public Works, Building Division, Fire Department, Police Department, King County Health Department, the appropriate school district, and each public utility agency serving the area in which the property proposed for subdivision is located. Development. (2) Public Notice and Public Hearing: The process for public notice hearings. decisions and appeals shall be as provided for Type 5 decisions as identified in Title 18, (e) Approval of a Genf° 'nary -plat, design standards, a (c) Criteria for Preliminary Plat Approval: The City Council shall base its' decision on an application for preliminary plat approval on the following criteria: (1) The proposed subdivision is in conformance with the Tukwila Comprehensive Plan and any other City adopted plans. (2) Appropriate provisions have been made for water storm drainage. erosion control and sanitary sewage disposal for the subdivision which are consistent with current standards and plans. (3) Appropriate provisions have been made for road utilities and other improvements which are consistent with current standards and plans. Draft Subdivision Ordinance Planning Commission, January 23, 1997 22 (4) Appropriate provisions have been made for dedications. easements and reservations. (5) The design. shape and orientation of the proposed lots are appropriate to the proposed use for which the lots are intended and are compatible with the area in which they are located. (6) The subdivision complies with the relevant requirements of the Tukwila Subdivision and Zoning Ordinances. and all other relevant local regulations. (7) Appropriate provisions for maintenance of privately owned common facilities have been made. (8) The subdivision complies with 58.17.110 RCW. (f) Expiration of Preliminary Plat: Approval of any preli••'• - - - f such-prelinar-plat-ap 43148-a 17.124.0430 Final plat-presed s. (a) Application The following items are required, in quantities specified by DCD, for a complete application for final plat approval. Items may be waived if in the judgment of the DCD Director said items are not applicable to the particular proposal: (1) Completed Application Form and fee. (2) Completed Application Checklist. (3) Copies and one original of the final plat survey in conformance with the standards set forth in 17,04.060. nck de -at least five -cep -fan approval, s: information has been modified and incorporate ...:..:...:...:......... General Provtsfon hapten(Section 't7.04 q, (b) Final Plat Requirements: (44-Gene-cal— {A) The final plat, containing-all-th neat-and--tegibie-mannor to a scale-o€-1--inch-re • Draft Subdivision Ordinance Planning Commission, January 23, 1997 23 Z ~w trL 00 N0 uJ J= LOU. w0 H o y2 0 111 u oz w OF O #�ia61�-dFaiwir�g-}Rk-a{a-,-o-'„^-^�B by 22 ..4. � = - - - • - ' - - - - = = . _ .. . {B) All documents, ma d notes shall-sentain-the-nares-e#-the the -subdivider- 424-Spesifs-- (A) The final plat shall-clearly-depict-the_fallowing-iafsrmation:. (i) Date, title; name-and-location-of-th , true -north -point; -(*)The-I nes-and-na er pu easements, rcccrvatio e-dedisa their -purpose -and -any -limitations; (iii) The lines and names of all-existing-or-pla blrks playgrounds -and -easements -adjacent -to -the -fins including -municipal -boundaries, township -lines, and -section -lines; (iv) All dimensions -along -the -lines of each lot; wi etermine-and-reproduce-on-th length -of -every -street -line, asement I+ne; lo# -lin subdivided -tract; -Eve-The-lengths-and-bearings of all straight -lin of all -curves; (vi) The location of all-permanent-control-monuments-baseci-GR-L-amber-t-coordinates;. -(vii)-Suitable-primary ca - - - - • - , - - - - - - - ' - - - - ` = - - = nt, or descriptions -a and -similar data -given -on the -plat -shall be referred; -(viii)-----The-elevations-of-ail-comers on the bo (ix)A-vicinity-map-of a scuie-not_-rn readily -identify -the -location of the -subdivided -tract- • pI2RB-2Rd Allangles-and-bearing ensured in degr , (C) The -final -plat -shall be accompanied -by -an -app or -demonstrated -mathematical plot -closure -on -all -I Allowable -error of closure shall -not exceed 1 foot -in 5,000 -feet. (D) In the event the -plat -constitutes a replat, the -lets, .blocks, streets, otc., of the previous -plat -shall be shown -by -dotted -lines -in -their -pro arrangement -of -the plat, the -new -plat being -shown in -solid -ti {E) The final -plat shall -be -accompanied by other-sh contours -at -two -foot intervals, and -the -plat shall -be based on USC & GS datum. (F) The final -plat shall -be accompanied -by -the -p lines, sanitary -sewers; -storm sewers -and -water -lin- inch -and -horizontal wale -of 10 feet to the -inch, -on -City -profile -drafting -film -provided -lay -the Department -of Public -Works. (G) The final -plat shall -also -contain a complete -legs subdivided: --_ -,e - Draft Subdivision Ordinance Planning Commission, January 23, 1997 24 tions- dition-to-oche ireTremen ssompanied-byte following- ny area to be dedicated to-publfcuse, limitations- thereon; (B) Certifimtion by the -land -surveyor that -a -survey has -b menurneve been -properly -set+ (C) Certification -by -the -responsible -agencies that-th water -service -are -acceptable; (D) Certification -by -41;e King County Finance-Depa - d 58.08.010, an the -Ki rtment-in-sufsient am or -the following yea (E) Certification by th- - - - - - - - ` - - - - - = - = - - = inquent special-assessmentsll specia r -collection -on any property herein streetsr alleys -or -ether -public uses are paid -in full; (F) Certification of approvalby-the-Rubl' Director -thereof; (G) Certification of -approval by the Departmen sign or -thereof; (1:44) The -applicant shall furnish the City a L plat certificate from a title insurance company documenting the ownership and title of all interested parties in the plat, subdivision or dedication, and listing all encumbrances. The certificate must be dated within 45 calendar days prior to the date of City Council approval of the final plat. __ .• . •--_•-•-- `_ = -- = (5) Private covenants intended to be recorded with the plat. (6) Any documentation necessary to demonstrate conditions of preliminary plat approval have been met. (7) King County Assessor's maps which shows the location of each property within 500 feet of the subdivision: Two sets of mailing labels for all property owners and tenants (residents or businesses) within 500 feet of the subdivision. (8) Maintenance agreements easements and other documents ready for recording. (9) Signatures on the following certificates on the face of the plat (when appropriate) from the surveyor that prepared the plat. the King County Treasurer. Seattle -King County Health Department. City of Tukwila Finance Director. Owners affidavit and certificate of dedication as identified in TMC 17.04.060(1). following' sect ions 1 rdirtance t0 conform tori revised organizatior Draft Subdivision Ordinance Planning Commission, January 23, 1997 25 z ~ w 0 00 w= i - w0 u. "±" z w1- U❑ 0-c9- (31- 111 ❑ I- wW 1— O wz U= 0 z • (4-)Applieatien-for-ftnal-plat-shall-be-filed-with the Depaeten fGr-Frls-preseribed-by-that-effiee, (c) Installation-egmprovements or Boncling-in-Lieu-of-lenprovements (1)Reguired-proiements---Every subdivideF-nay-be reguired to grade and pave streets and alleys, curbs and -gutters, sidewalks, -mon water mains,---street-lights and -name --signs, together-with-all-appuetenanses-therete-ill aseerdanee-with-speeifieations-and-standards-of-this-eo Depactmentrand-in-aeseedanee-with-ethee-standards of -the -C,* (2-)-Supervisien-and-inspeetion- A lieensed-engineer-or-engineering-firmr-uniess-found-to-be unaseeptable-to-the-Depaetment of Publie-MAST-shall-be-respensible-fer-the-S44491144011-and inspeetion-of-all -ubdivision-improvements. All improvements shall-be-ceetifieel-in-weiting-as completed in aczerdanee-witla-plans-and-speeifications-as-appeeved-by-theepaetiment-of Publie-Weeks, (3)-Per-mits- Priee-te-proceeding-with-any subdivision-impre obtain-those-pern-Tits from -the City as are necessary, --The subdivider -is -also -responsible -foe complying with aR-apptioable-permite irenierts of other -fed (4) -Deferred -improvements- A final -plat shall-not-be-ap requieeel-impeovernents are construeted-in-a--satisfeetery manner-and-appecoved-lay-the eesponsible-Gity-departments-or-sufficient bond -ha eem-pletien, (A) In the event a subdivider -wishes to defe -- e•••••• • 7. e e - e • er-sr e e = • " • - e •• - . • 7:: • notice shall be made -to -the -Department of Communit-y--Development. The subdivider shall furnish-a-peefeemanee-bend-te-the City in an-amount-equa of-the-deferred-imprevernents. The deeision-ef-the-Di ameunt-ef-the-peefor-manee-bond,-shall-be final -and -conclusive. (B) Soh bond, to be filed -with -and -he exaet-WGrk-that---shall-be-peeformed-by-the-appl* defer -red -improvements be -completed -within one yea plat-by-the-C*GOURGil. Extensiens-of-this-time-periecl-m ef-Public Woeks,-In-the-event-an extension is authe • reflect -the -new completion -date, (C) Cheek-in-Lieu-of-Bond,The-subdivider-m check, assignment of funds -or -any other -method -of -s in-lieu-ef-a-peeformanee-bend,Sueh-substitution shall bo made payable to the City Treasurer-(Finanee-Direeter), and shall be in the mme-ameunt-ancl-ear-ry-with-it-the-same restrictions as-the-bond-for-whiell-it is substituting. (D)—Preeeed-Against-Bend-oe-Other-Sesurity. The-City-reseives-the-right7-in-addition to -all -other -remedies available to it-by-law,to-preeee e • in -lieu -thereof, (E) Binding-Upen-Applieent,-The-requirement of-the-posting-ef-any-peefeemance-bend ee-other-seatrity shall -be -binding -upon -the subdivider --h • -, as -.- (F) Notification-to-Depaetment-of-Gemmunity Develepmont. The Director of Public Weeks -shall -notify -the Department of -Community Develop - e — •• • Ih • e e Draft Subdivision Ordinance Planning Commission, January 23, 1997 26 z z • w O - 0 CO 0 W U1 U1 — J E— () uj 0 g Lt. CO I 11.1 Z 1— 0 ZI- LLJW 2 0 • Q O (r) O — CI 11.1 uj • 0 1- 0 O • 1- z - - - : - - - - - - - e e - er security and-time-l-imit-of-suoll,and any -other pertinent information- f pletion---Th bl' - - - • Gommunit-y-Development--irl-writ+tag-verifying; he-subdi ding--in—a d—the specifications -and -standards -of -the -departments. e. (d12) Final Plat Review Procedures: Applications for final plat approval shall be processed as Type 5 decision subject to the provisions of TMC 18.108.050. (1) Referral to other departments and agencies - The Department of Community Development shall distribute the final plat to all departments and agencies receiving the pre- liminary plat, and to any other departments, special purpose districts and other governmental agencies deemed necessary. (2) Departmental approval Within 15 allenda tlhe Public Works Department and other interested departments and agencies shall review the final plat and submit to the Department of Community Development a written -report comments with respect to the fallowing -considerations: final plat decision criteria. If the final plat is in order, the Public Works Director shall sign the appropriate certificates on the mylar original. (A) That the -proposed -final plat bears the req appr'eval; land, and the proposed -subdivision is vested -in -the na appears-en-the-platce#+ficate; (C) That the fao liNes-and-in pr-ovements-required to be-pr-ovid have -been -completed or, alter-nati a ,-that-thc subdivider ha osed final plat -a -performance -bend -or -ether -security in co subsection -(4); (D) That the-plat-is-technioally-correct and-acsu responsible-for the plat. 1 (3) -the -to - - - - - ' - - - - - •• - - - - =#-and any othermments, shall forward -the -proposed final plat and-writtent n-resommen- - - - - = - - lendar-days-from-the-date of filing -the -proposed -final -plat. (1)City Council aetie ---If-the-Gouneil-lnnds-that the-proposed-plat-makes-appropriate-prov- siens-€or-the-publio-healti=T-safety, general -welfare, and for such op ways, streets, alleys, other publlo-ways water-suppli d -school -grounds, and that the-publl the -platting of such subdivision, then it shall be approv Draft Subdivision Ordinance Planning Commission, January 23, 1997 27 posed -plat -does -not make &tach appropriate-provisions-oithat-th e Coaneil-may-disapprove-the-proposed-subdivision- (53) Filing final plat — Before the final plat is submitted to the City Council, it shall be signed by the City Treasurer (Finance Director), Director of Public Works, and the Director of the Department of Community Development. Upon approval by the City Council, it shall be signed by the Mayor and attested by the City Clerk. Th. - Depart+ nd-€lestions-by-the-city. The applicant shall file the final plat with the Department of Records and Elections. The plat will be considered complete when a copy of the recorded documents is returned to the Department of Community Development. (6) E tonsiota-9f-the final plat approval -date — Final-approval-by-th ti al -plat -will -const #ute-ata-automatic extension -of -one yea remainder of the -final plat. Additional-extensions-ef-six-months-may--be--grant he -City Council. Ouncil approval have been identified below. once •preliminary plat is approved, the plat is veste al act the City's scope„of review is much narrower epprovat is a a re m: na y` (c) Criteria for Final Plat Approval - In approving the final plat, the City Council shall find: (1) That the proposed final plat bears the required certificates and statements of approval. (2) That a title insurance report furnished by the subdivider confirms the title of the land. and the proposed subdivision is vested in the name of the owner(s) whose signature(s) appears on the plat certificate. (3) That the facilities and improvements required to be provided by the subdivider have been completed or. alternatively, that the subdivider has submitted with the proposed final plat a performance bond or other security in conformance with TMC 17.24.030. (4) That the plat is technically correct and accurate as certified by the land surveyor responsible for the plat. (5) That the plat is in conformance with the approved preliminary plat. (6) That the plat meets the requirements of Chapter 58.17 RCW, other applicable state and local laws which were in effect at the time of preliminary plat approval. 17.14.040 Phasing Draft Subdivision Ordinance Planning Commission, January 23, 1997 28 �d ividerwishe:s r0.40.0 0.0 )royal on a su iviswn, including ility :improvements e subdivis.io ndance limmar, (hat sub ndut om 'or! onstr standards Phasing occurs when tt division and then: obtains final approv completing only: the relevant porlaon D Subsequent final puts would be it c.Eio i iclnt The subdivider may develop and record the subdivision in phases, Any phasing proposal shall be submitted for City Council review at the time at which a final plat for the first phase is submitted. Approval of the phasing plan shall be based upon making the following findings: (a) The phasing.plan includes all land contained within the approved preliminary plat. including areas where off-site improvements are being made. (b) The sequence and timing of development is identified on a map. .(S) Each phase shall meet all pertinent development standards on its own. The phase cannot rely on future phases for meeting any City codes. (d) Each phase provides adequate circulation and utilities. Public Works has determined that all street and other public improvements, including but not limited to drainage and erosion control improvements are assured. (e) All phases shall be recorded within the five year life of the preliminary plat. unless an extension is granted. 17.14.050 Expiration Period The subdivision shall expire unless a complete application for final plat approval is submitted within five years from the date of preliminary plat approval. The City Council may approve one extension not to exceed one year. s;five year. expiration is.mandated: py state law (RCW`58.17.' Chapter 17.16 DETAILED PROCEDURES FOR BINDING SITE IMPROVEMENT PLAN (BSIP) Sections: 17.16.010 Purpose. 17.16.020 Scope. 17.16.030 Appiisatien-requirements-Preliminary Binding Site Improvement Plan Approval. 17.16.010 Review-presedures. 17.16.050 Required -improvements. Draft Subdivision Ordinance Planning Commission, January 23, 1997 29 n'tRltaAirt+?r 17.16.0640 17.16.050 17.16.0860 17.16.010 Final Aapproval of plan. Gertif+sate-of-segregation Improvements. Revision of plan. Purpose. This chapter is established to accommodate the division of land for the purpose of sale or lease of property within an integrated commercial or industrial center. which allows certain zoning standards (minimum parking, setbacks. landscaping. lot area and lot dimension) on the individual lots to be modified provided the standards for the entire center are met, while promoting -orderly -and -efficient community growth -and -preserving -the -intent of RCW 58.17. Bit`# !I.' art 17.16.020 Scope. A binding site improvement plan application may be submitted for a project located on Aany land designated -for zoned commercial or industrial development -in -a • _ cede, and- ►pen -whish -no residential-&twGture will -be -placed, which is and being divided for the purpose of sale or lease consistent with the terms of this chapter. -when building--is to be constructed-on-one-lot-ef-record, shall ca pter- 17.16.030 Application -requirements Preliminary Binding Site Improvement Plan Approval. (a) Application/Fees - The following items are required. in quantities specified by DCD. for a complete Binding Site Improvement Plan Aapplication.-foF-bindi-- - '•- made -with -the -Planning Division of the Depaftment-of-Conte se. Said -application shall-be-aecornpanied-by-ten-copies--of-the-site and-one-reprodusible-photogr-aphio4eduetio es by 11 inches- Items may be waived if in the judgment of the Short Subdivision Committee said items are not applicable to the particular proposal: (1) Completed Binding Site Improvement Plan Application Form as prescribed by the DCD Director with fee, (2) Completed Application Checklist. (3) A complete SEPA Checklist application if project is not exempt from SEPA, (4) Complete applications for other required land use approvals. (5) A vicinity map showing location of the site. • Draft Subdivision Ordinance Planning Commission, January 23, 1997 ,s vmu c .rxPk'i+n. 30 (6) A survey prepared to the standards specified in TMC Section 17.04.060, (7) Site and development plans which provide the following information i proven t -plan -shall conform to the following-requiremen+�) The plans shall be a neat and accurate on a decimal scale sufficient in size and detail to demonstrate the BSIP meets the ordinance requirements. on sheets 18" x 24" or larger: dr -awing by a land -surveyor -on reproducible-material-at-a-desiI al soele: (mho plan shall-ideatify-the-location-and-dimensions-of-all- improvements, utilities -and -spec -spaces: (3) The plan-shall-bear-ail-InssriptiaR s -setting -fob such appropriate-li o# -the -land - • (c) The application for a binding -site -improvement plan-shall-be-acsem $288:8A - (A) The owners of adjacent land and the names of any adjacent subdivisions. (B) Lines marking the boundaries of the existing lot(s) (any existing lot to be eliminated should be a dashed line and so noted). (C) Locations of existing and proposed public street rights-of-way and private access easements. (D) Location, floor area and setbacks of all existing structures on the site, (E) Lot area, lot line dimensions and average widths for each lot. (F) Location of proposed new property lines and numbering of each lot, (G) Location, dimension and purpose of existing and proposed easements, Provide recorded documents which identify the nature and extent of existing easements. (H) Location of proposed dedications. (I) Existing and proposed topography at two foot contour intervals extending to five feet beyond the project boundaries. (J) Location of sensitive areas and sensitive area buffers (slopes 20% or greater. wetlands or watercourses) on the site. (K) Location, size and species of any trees located within a sensitive area or its' buffer. (L) Location of existing and/or proposed fire hydrants to serve the project. (M) Description. location and size of existing and proposed utilities, storm drainage facilities and roads to serve the lots. (N) Expected location of new buildings and driveways, including finished floor elevations of the buildings. (8) Letter of water and sewer availability if the provider is other than the City of Tukwila. (9) Parking Calculations to demonstrate that the requirements of Chapter 18,56 have been met. Draft Subdivision Ordinance Planning Commission, January 23, 1997 31 (10) Proposed cross easement and maintenance agreement for shared parking. circulation. utility and landscaping improvements. (11) Legal descriptions of the all tracts located within the boundaries of the short plat. Z (12) Items contained in Section 18.104.060 TMC not already listed above, re 2 17.16.010 (b) Review procedures. v o UU An application for binding site improvement plan shall be reviewed and acted upon in the same J11.1 manner prescribed in Section 17.0812.0620 for short subdivision. N w o LLa 17.16.050 Roqu+red-rmproveraents. • w (a)} Prior to approval of any binding site improvement plan, the Short Subdivision Committee z '— shall insure that the following improvements are provided to sufficiently service the anticipatedz O uses throughout the proposed plan and the decision criteria that follow are met: L n • 0 o — • 1-- wW wz U N z (c) Approval Criteria (40 Adequate water supply. (211) Adequate sewage disposal. (3111) Appropriate storm drainage improvements. (41v_) Adequate fire hydrants. (6Y) Appropriate access to all anticipated uses within the plan. (6y1) Provision for all appropriate deed, dedication, and/or easements. qYi.i) Monumentation of all exterior tract corners. (2) The site is zoned commercial or industrial and meets the definition of an integrated site. (3) Appropriate easements and maintenance agreements for shared facilities, including but not limited to. circulation, parking, utilities and landscaping have been provided. (4) When taken as a whole. and not considering any interior lot lines, the integrated site meets all the zoning and subdivision requirements. (5) Modifications to the minimum zoning standards for individual lots located within the integrated site. including setbacks. parking. landscaping. lot area and lot dimension are not detrimental to the public health. safety and welfare. do not adversely affect the rest of the integrated site or other properties in the vicinity. (6) Common improvements necessary to serve any particular phase of development must be sufficient for meeting the zoning and subdivision requirements for that phase. Draft Subdivision Ordinance Planning Commission, January 23, 1997 32 XYr;.4..r7+.r4.r1,414,.Stni rS•MxaM!{+rncvF,en;rr,'+T+''Y+t.'".S:l%M7fr..lf'"K•"23::'.'"G""kI+'^•.ro..,.isr,..w:ra«r..r,•n,r�:v1S..F,n.+r'y.+..r+J;F)r+'.r�yrac.,.yro<rhw•A,[,a+w>.vl,.rn.*.:..e,n.,.n;•., .n,,.•5a•w..•.e� .,.,.Y, ,.,..,u.+,.-..w�•..t.,. n.. (7) Access to the integrated site meets the subdivision ordinance standards. Access within the site provides for safe and efficient circulation and meets Fire Department access requirements. (8) The circulation system incorporates appropriate provisions for safe pedestrian activity to the site from the street and from building to building within the site. (9) The sign regulations shall be applied to the integrated site as a whole, For example. the number of freestanding signs allowed is based on one site within the BSIP, Individual ownership's within the integrated site are not considered to be separate sites in determining the number of freestanding signs allowed. (10) The yard requirements of the Uniform Building Code are met. -alt-improver eats-required-pursuar4t-to-sttbseotion(a) shall -be -provided -in -accordance -with -the -requirements of-Chapte title -entitled" Design Standards." 17.16.0640 Final Approval of plan. (a) Prior to the plan being granted final approvaled,-it-shall-be-revised-to a survey. prepared by a licensed surveyor to the standards contained in TMC 17.04.060. shall be submitted to the Short Subdivision Committee with the final plan, The survey and plan shalt Il-include-all-applicable-insoript She- - - - - - _ — _ • •• == -= ng -forth suck►-appropriate-limitations--and-seri efthe-land be consistent with the preliminary approval. (b) Once the Short Subdivision Committee determines the survey, plan and other documents for recording are consistent with the preliminary approval, it will The -plan -must be certified for filing by the chairman -of the Short Subdivision Committee -before -it -is -filed. (c) After being certified for filing by the Short Subdivision Committee, Bbinding site improvement plans and survey shall be filed by the applicant with the King County Department of Records and Elections, and a copy of the recorded instrument documents shall be returned to the Office Department of Community Development prior to issuance of any building permits for construction within the site. The applicant shall pay all costs associated with this filing. 17.16.0750 Certificate -of -segregation. Improvements. (a) Prior to isouancc of any -building -permit for-construction-within improvement-plan;-that-portion-of the -plan for -which the-buildingit ive a certificate-of-segregation-fro- sertiftoate-shall-insur-e-the-segregation-or construction-eomplem improvement-planand-Sestron 17�.-r 020. e. Draft Subdivision Ordinance Planning Commission, January 23, 1997 33 (b) Prior to the issuance of a building permit for construction within a binding site improvement plan, all required improvements required to adequately service that portion of the plan for which • the building permit will be issued shall be installed or bonded ° accordance with Section 17.24.030 TMC. 17.16.0860 Revision of plan. Alteration of an approved and recorded binding site improvement plan shall be accomplished by application to the Short Subdivision Committee as set forth in Section 17.16.030, and shall be subject to all procedures and requirements established in this chapter. Chapter 17.20 DESIGN AND IMPROVEMENT STANDARDS FOR THE SUBDIVISION OF LAND Sections: 17.20.010 Purpose Applicabili y. 17.20.020 Improvements. Supervision. Inspections and Permits Required. 17.20.0230 General Standards Environmental -considerations. patibility-wit#-existing-land use and plans- 17.20.010 Grading: 4 -7 -,20459 --Streets, consolidated; into one chapter Previou organized by "Residential" and "Commercial" subdivisions Because basica were e same regardless of zoning, this led to duplication Vilifh n the ei 17.20.010 taurposth Applicability. The standards contained in this chapter are to be used as the basic standards for addressing the approval criteria for subdivisions, short plats. boundary line adjustments and binding site improvement plans. The decision making entity may require additional standards be met if it is determined necessary to meet the approval criteria for a particular application. It is the purpose of this chapter—to provide for—the—prote enviconmental-amenities and to make -urban -development -a rea. Goals are-to-presewe-sensitw groundwatef-supply, prevent erosion-and-to-presewe-trees-vegetation-and-drainage-patterns- l to the City in -lessening -the -posts of-develo the -subdivider in croatingan-attractive-and-quality-environment; and -in -attainment -of e-goalsand objectivesaf-the-Tukwila-Gemprehensive Land -Use -Policy -Plan- e• 17,20.020 Improvements, Supervision, Inspections and Permits Required (a) Required improvements - Every subdivider may be required to grade and pave streets and alleys. install curbs and gutters, sidewalks, monuments, sanitary and storm sewers. water mains. fire hydrants, street lights and name signs, together with all appurtenances in accordance Draft Subdivision Ordinance Planning Commission, January 23, 1997 34 with specifications and standards of this code approved by the Public Works Department. and in accordance with other standards of the City. (b) Supervision and inspection — A licensed engineer or engineering firm. acceptable to the Department of Public Works, shall be responsible for the supervision and inspection of all z subdivision improvements. All improvements shall be certified in writing as completed in i H accordance with plans and specifications as approved by the Department of Public Works, re tu D (c) Permits — Prior to proceeding with any subdivision improvements, the subdivider shah obtain those permits from the City as are necessary. The subdivider is also responsible for co o complying with all applicable permit requirements of other Federal. State and local agencies. J = 1.— COLL 17.20.0230 Environmental-oonsideratjons-General Standards. w O 2 (a) Environmental Considerations.5LL ,(1). Unsuitablc land: Land which meets-the-definition-of contains a sensitive area or its buffer 1- w as defined in Title 18, or is subject to the flood zone control ordinance as defined in Chapter z 16.52, shall be platted to reflect the standards and requirements of the sensitive areas z o overlay zone, Chapter 18.45, the planned residential development overlay if required w MD pursuant to Chapter and-18.46, the-planned-residential-development, andL41 the flood zone D o control ordinance, Chapter 16.52. o .c-i2 0 1- (b2) Trees: In addition to meeting the requirements of the tree ordinance (ch. 18,54). Every= v reasonable effort shall be made to preserve existing trees and vegetation, and integrate them 0 into the subdivision's design_ by-preparing-a-tree-inventory-of-the-signi#+ — z d as-pa-e€-tie-prelin�+n a�lat-a pplisatien- ui0 —I NI— X20.030 (b) Compatibility with existing land use and plans. Z (al) Buffer between uses: Where single-family residential subdivisions are to be adjacent to multiple -family, commercial or industrial land use districts, and where natural separation does not exist, adequate landscape buffer strips and/or solid fences for screening shall be pro- vided. (b2) Conformity with existing plans: The location of all streets shall conform to any adopted plans for streets in the City. If a subdivision is located in the area of an officially designated trail, provisions may be made for reservation of the right-of-way or for easements to the City for trail purposes. The proposed subdivision shall respond to and complement City ordinances, resolutions, and comprehensive plans. (3) Consideration should be given to enhancing pedestrian access to shoreline areas. This may include providing or upgrading direct access to the shoreline or providing or upgrading access to a recognized cross connection which links the shoreline with upland parks and public areas. Draft Subdivision Ordinance Planning Commission, January 23, 1997 35 Chi'e�:�s"!Rk;�3�C'z"'4'c�-�+�.'p�7iR;M.c�ti�r.Mar.�h�;.�+,.mrunartr�rt�'[Ip:'��I•'�:��„�"�Kx.,Nti.n�� y,.,r.r-,.opr4�h._—�-._w;�,;..:t„i ..p�w•.t�...,,.-,..,�..».t7,. (4) Other City Regulations: All subdivisions shall comply with all adopted City regulations. Irt the event of a conflict, the more restrictive regulation shall apply. 17.20.040 Grading, 4-7,20.050-(c) Streets. in a proposed -or -approved subdivision, a -land alteration -permit -shall -be • - - : rovfsieas-ef-Chapter 70 of the -Uniform -Building -Code, (al) Extension: Proposed street systems shall extend existing streets at the same or greater width, unless otherwise approved by the Department of Public Works and authorized by the City Council in ,approval of the plat. Where appropriate, streets shall be extended to the boundaries of the plat to ensure access to neighboring properties. The City's goal is to have an integrated system of local streets rather than a system of cul-de-sacs. Grading of steep topography may be necessary to achieve this objective. However, in sensitive areas, the layout and construction of streets shall follow the standards and procedures of the sensitive areas overlay zone. (b2) Names: All proposed street names or numbers shall be subject to approval by the Department of Community Development. (63) Intersections: Any intersection of public streets, whatever the classification, shall be at right angles as nearly as possible and not be offset insofar as practical. (4) Street Layout: sections: 17.21.010 17.21.020 Chapter 17.24 MINIMUM STANDARDS FOR RESIDENTIAL S Conformance required- Street layout. ds: 17.21.010 Conformance -rewired- r -dedication -for residential use shall b 4-744.020--Street-layout- Street -7.24 -St eea� , !ay^u Street layout shall provide for the most advantageous development of the subdivision, adjoining areas, and the entire neighborhood. Evaluation of street layout shall take into Draft Subdivision Ordinance Planning Commission, January 23, 1997 36 consideration potential circulation solutions. While it is important to minimize the impact to the topography from creating an integrated road system, improved site development and circulation solutions shall not be sacrificed to minimize the amount of cut and fill requirements of the proposal. Where sensitive areas are impacted, the standards and procedures for rights-of-way in the sensitive areas overlay zone shall be followed. 4.030 (5) Private access roads: Private access -roads may be authorized if: (4) Allowing private access roads in the area being subdivided will not adversely affect future circulation in neighboring parcels of property; and (35) Adequate and reasonable provisions are made for the future maintenance and repair of the proposed private access roads; and (3,Q) The proposed private access roads can accommodate potential full (future) development on the Tots created; and (4D) For residential subdivisions, Tthe proposed private access roads do not serve more than four lots nor are more than 200 feet in length. Those access roads 150 feet or greater in length shall have a turn around built to Fire Department standards. -When -private access roads -are authoriacd he -easement -width sh shah -conform to-the-apptioable-standards-for-design-a otion-(b). (E) For commercial and industrial subdivisions, Wwhen private access roads are authorized, there shall be a minimum easement width of 40 feet. With the exception of minimum easement widths, private access roads shall be designed and constructed in accordance with the Department of Public Works standards, and zoning setbacks shall be required as though the easement were a public right-of-way. 4744.040 a. Public Roads -rights -of -way - (a) Right of-way-widtt treet widths -ma vary -ac and -topography The -following -minimum street-widths- Comprehensive--Larnd '�a- Use -Policy Plan, shall apply_ unle Depaiztrnent of Public- Works-and-authorized-by-th preliminary plat; or by-the-Sho ubd+vision-Gommitte . Right- of-way and paving widths for public roads shall be based on the table below. The minimum paving and right-of-way width shall be used unless the City Engineer demonstrates a wider width is needed due to site circumstances, including but not limited to topography. traffic volume. street patterns on -street parking, lot patterns. land use and bike and transit facilities, that justify an increase in width. Type of street Right-of-way Pavement Major Artchal 80 feet 60 feet Draft Subdivision Ordinance Planning Commission, January 23, 1997 �rwek.Veti '�F.sNt"¢r ,.k¢t9yl' m4.,+Me�:.. 37 :e: Secondary -Arterial 7 -5 -feet 48 feet Collector 60 -feet 36 -feet Local Street 50 feet' -30 -feet Gul-Do Sac: Readway 10 feet 26 feet Turnaro 80 -feet dia. 69 -feet -dia. Alley 20 -feet 1 -5 -feet Right -et -way -may be reduced-ts-40-feet-with five foot roadway -will be #aversing-er-adjacent to wetlands -and -watercourses: Type of Street Right -of -Way Roadway Pavement Principal Arterial 80 -100 feet 48 - 84 feet JVlinor Arterial 60 - 80 feet 36 - 64 feet Collector Arterial 60 - 80 feet 24 - 48 feet Access Road 50 - 60 feet 28 - 36 feet Cul -De -Sac Roadway 40 feet 26 feet Turnaround 80 feet (diametej) 60 feet (diameter) Alley 20 feet 15 feet Private Access Roads Residential 20 feet 20 feet w Commercial 1 40 feet 28 feet (Bb) Design: The design and alignment of all public streets shall conform to the following standards unless otherwise approved by the Department of Public Works: (1) Street int ere street-fatersection ts-shall-net measuFe-1terliRe-to-centerline. Comprehensive focal access throug .2 states "Emphasize a network of lresidential reefs, minimizing cul -desacs' (ja) Cul-de-sacs — Cul-de-sacs are not allowed unless there is no reasonable alternative or the cul-de-sac is shown on an officially adopted street plan. When allowed, they shall not exceed a length of 600 feet, unless -au (113)Street grades — Street grades shall not exceed 15%. However, provided there are no vehicular access points, grades may be allowed up to 18%, for not more than 200 feet when: • (A) Exceeding the grades would facilitate a through street and connection with the larger neighborhood; Draft Subdivision Ordinance Planning Commission, January 23, 1997 38 •- (8) The greater grade would minimize disturbance of sensitive slopes; -and • (C) The Fire Marshal grants approval of the grade transition; and • (D) Tangents, Minim -um -tangents -shall confo standards. (5) Hhorizontal curves, Minim Departm ndar-ds-(6)Vvertical curves mages -it ade shall-senform-te-Department-ef-P-ublic-Works standards. (c) and Bright -of - way improvement: All right-of-way improvements shall -conform to Department of Public Works standards. requirement below for streets that abut the subdivision to be Improve. urrently streets abutting may or may'not be required to be -:improv standards The rationale is that the subdivision is creating the ne: Street network and the subdivision action provides the. 'appropria mprov'ements to; be installed Thismay not be possible in me opographical limitations In such a case, the decision makeii ec iciv. 32 010 to grant an: exception. nimum graded tuatlons s author (C) Full width improvement: When interior to a subdivision or a short plat of five or more lots all publicly owned streets shall be designed and installed to full width improvement as provided below: (1) Shall be graded as necessary to conform to Department of Public Works standards. (ii) Shall be of asphaltic concrete according to Department of Public Works standards, (iii) Shall have permanent concrete curbs and gutters according to Department of Public Works standards. (iv) Shall have storm drains consisting of the proper size pipe and catch basins: sizes to be approved by the Department of Public Works prior to the public hearing for the preliminary plat. (v) Shall have sidewalks provided at a minimum width as specified in TMC Chapter 11.18. (D) Half width improvement: Streets abutting the perimeter of the subdivision or a short plat of five or more lots shall provide the full improvements on the half of the street adjacent to the site, provided additional paving may be required to ensure safe and efficient roads to exist to serve the subdivision: provided further that there are no physical obstructions to completing the other half of the roadway: and that there is a minimum of 20 feet of paving. (d) Utilities: All utilities designed to serve the subdivision shall be placed underground and, if located within a sensitive area, shall be designed to meet the standards of the sensitive areas Draft Subdivision Ordinance Planning Commission, January 23, 1997 :xn�n,ir,. <••,;e�r..rr+ rMc ,•rrrf:'�?'syr 39 overlay zone. Those utilities to be located beneath paved surfaces shall be installed, including all service connections, as approved by the Department of Public Works; such installation shall be completed and approved prior to application of any surface materials. Easements may be required for the maintenance and operation of utilities as specified by the Public Works Department. (1) Sanitary sewers - Unless -septic -tanks are -specifically approvedts-health agencies, sSanitary sewers shall be provided to each lot at no cost to the City and designed in accordance with City standards. Septic systems may be installed when approved by the Seattle -King County Department of Public Health and the existing sewer system will not be available to the lot within the life the preliminary approvd . (2) Storm drainage - An adequate -drainage -system -shall be -provide of -all -surface -""+.,mazer; -the -amount e€ -runoff -shall be -determined -by -the ratio drains-shall-be-provided-to-ascammedate-all water -flow; and -shat dway and -required slopes—T-he-diamet mined-by-Mann'ing'c Equation; butin-ne-ease-shall-the inns The storm drainage collection system shall meet the requirements of the City's stormwater ordinance standards. (3) Water system - Each lot within a proposed subdivision shall be served by water by a The water distribution system; insluding4he-leeations-of fire -hydrants, shall be designed and installed in accordance with City standards. Locations of fire hydrants and flow rates shall be in accordance with City standards and the Uniform Fire Code. (e) Public -Use -and -Servide -Areas (1)Due-consideration-shall-bc given by-the-subdivider-to-the-allocati areas for public -servile -or usage: 9)-E-a-sements may be -required -for -the maintenance --and operati the -Public Works -Department - (k) Blocks: (1) Length - Residential Bblocks should not be less than 300 feet nor more than 1,000 feet in length, (600 - 2,000 feet for commercial and industrial areas). Where circumstances warrant for the purpose of implementing the Comprehensive Plan, the Planning Commission may require one or more public pathways of not less than six feet nor more than 15 feet in width,. either by dedicationed in the City, or easement, to extend entirely across the width of the block to connect public rights-of-way-atlegations-deemed-necessary. (2)Width - Blocks shall be wide enough to allow two tiers of lots, except where abutting a major street or prevented by topographical conditions or size of the property, in which case the Planning Commission may approve a single tier. Draft Subdivision Ordinance Planning Commission, January 23, 1997 40 (3) Pedestrian Considerations - Blocks. roads and pedestrian improvements shall be designed to provide a safe, convenient and pleasant pedestrian network. (gf) Lots: (1)Arrangement - Insofar as practical, side lot lines shall be at right angles to street lines or radial to curved street lines. Each lot must have access to a public street that is approved at the time of plat review; however, rather than designing flag Tots, access shall be accomplished with common drive easements. Location -o pattern -within the neighborhood. For example; if -adjacent developed, the -subdivision's -lets -fronting -the -street should also-establish (2)Minimum-size Lot design - The size lot area, width, shape, and orientation of lots shall appropriate for the location of the subdivision, for the type of development and land use contemplated. and shall conform with the requirements of the Zoning Ordinance. meet -Of exceed-the-minimumareaand-width-requirements-of-thc applisab ' , shall-be-approp ' evelopment-and-use-contemplated- (3)Corner Tots - Corner lots may be required to be platted with additional width to allow for the additional side yard requirements. (4) -Through -lots- Residential -through -tots are not-encourag there-is-a-topograpi io-or traffic safety concern-preventing-double-tiered-lote. Approved through -lots shall be -permitted assess -to -only -one -street, unless -otherwise approved -by -the Department of Public Works, and -shall -provide -a -15 -foot rear ya (5)Property-corners at-intersections---All-lot-corners at -in rights -of -way -shall -have -a -minimum -radius -of -25 feet, (hg) eet- (hg) Tree& Landscaping: (1) Each lot within a new subdivision or short plat of five Tots or greater shall be landscaped with at least one tree in the front yard to create a uniform streetscape. (2) Landscaping shall conform with Public Work standards. (ih) Other -improvements: {)'Monuments -- (A) Concrete -permanent -control -monuments -shall -be -established -at -each -and -every controlling comer of the -subdivision. Interior monuments shall be lova byr the-Department-ofPublic-Works- Draft Subdivision Ordinance Planning Coir:nission, January 23, 1997 41 'M+CYw322tmelsteury.nwa.+vrii. '+'Awwe",Wblwfip xf*I ,mtMr1gY4nCxfYy}4Wiri{vn t+ry 9.k?rJ ra'..W?F r1T'V, 1.4 4;'t.ylr}tnn:lrJttrYGlv'r�hr wv+Y'S`J,aryt,(�.. �}rril,.^..(!"Y Jt.YYn:xrfry`l2*!tl!:�Ff4'"'I•'y4'+11;41nya..t...j{A veyr'3r+,^£?;��'.•:.:�yayfit, M.r`y1M'rt:"lf;n lt: {B) All other lot corners shall be marked -with suitable -r (2)Street signs — The subdivider shall be responsible for the initial cost of any street name or number signs, or street markings, including installation thereof, that Public Works finds necessary in for the subdivision as required by the Department of Public Works. (I) Lighting - Street lighting shall conform to the Department of Public Works standards unless the City Council requires alternative fixtures, poles, and/or spacing to contribute to an overall design concept of the subdivision. (j) Monumentation (1) Imprinted Monument: All monuments set in subdivisions shall be at least one-half (1/2) inch x twenty-four (24)- inch steel bar or rod, or equivalent with durable cap imprinted with the license number of the land surveyor setting the monument. (2) Centerline Monument: After paving, except as provided in subsection (5) below, monuments shall be driven flush with the finished road surface at the following intersections: (A) Street centerline intersections. (B) Points of intersection of curves if placement falls within the paved area: otherwise. at the beginnings and endings of curves. (C) Intersections of the plat boundaries and street center lines. (3) Property Line Monumentation: All front corners. rear corners. and beginnings and endings of curbs shall be set with monuments except as provided in subsection five below. In cases where street curbs are concentric and/or parallel with front right-of-way lines, front property -line monumentation may be provided by brass screws or concrete nails at the intersections of curb lines and the projections of side property lines. If curb monumentation is used. it shall be noted on the plat, and also that such monumentation is good for projection of line only and not for distance. (4) Postmonumentation: All monuments for exterior boundaries of the subdivision shall be set and referenced on the plat prior to plat recording. Interior monuments need not be set prior to recording if the developer certifies that the interior monuments shall be set within ninety (90) days of final subdivision construction inspection by the Department of Public Works. and if the developer guarantees such interior monumentation. (5) Postmonumentation Bonds: In lieu of setting interior monuments prior to final plat recording as provided in subsection (3) above the Public Works Director may accept a bond in an amount and with surety and conditions satisfactory to the Director. or other secure Draft Subdivision Ordinance Planning Commission, January 23, 1997 flv/n,MN Nl�JV.n,yv.nf.JiY :!^.� .n.ar.•. � r: is 42 method as the Public Works Director may require, providing for and securing the actual setting of the interior monuments. Chapter 17.28 MINIMUM -STANDARDS FOR COMMERCIAL/INDUSTRIAL SUBDIVISION DESIGN Sections 17.28.010 Conformance -required. 17.28.020 Rights -of -way -width: ht -of -way, 17.28.010 Full -width -improvement, 17.28.050 Private access -reads- 17.28.060 Property -comers at intersections-, 17.28.070 Railroads: 17.28.080 Block& 17.28.090 Lots. 17.28.010 Confermar:lee-required: The -division -of land for coremercial-or-industrial-purposes-shall confe F141441:144-141-standards-ef-resider}tial-design-except-as-specifttally-provided-in this' -chapter 47.28.020--Rights-of-way-widthf: Street -widths -may -vary aGserding-to-function and -trait -generates. s -defined -in -tint Tukwila -Comprehensive L-anl,apply ppreved-by-the Departn ent-of Public-Works-and-auti4eFiz-ed-by-the-Gity-Council in -plat, or by the -Short Subdivisie patc or binding-site4mprovenient-pIaR& Type of street Right-of-way Pavement Collector 75 feet---60-feet - I - - Cul -Do -Sas: Roadway 50 feet 48 feet- Turnarournd--80-feet-4a. 69-feet-dia- Alley 20 feet 28 feet 17.28.030 1 noreased-right-of-way The City may require that -street -widths in -commercial -subdivisions, safe -and to reduce -traffic -congestion 4-7.28.040—Full-width-improvement Draft Subdivision Ordinance Planning Commission, January 23, 1997 43 z w cc JU U0 U U J = r - U) LL w 0 LLQ =• a �w zF 1- Z w Lu • 0 O • - � H ww Li.O ..z w • P- P O1'" z (a) All streets and-alleys-shall--bc graded -a rm t IA/arks-standards- (b) All street and -alley -surfaces -shall -b ndards: (c) All streets shall have-permanent-oonerete-curbs--and-gutt r}dards- - ---- - AA - `=-- : (4)--All-streets-shall have -storm -drains consisting -of -the -prop s; sizes to be approved -by -the -Department of—Public—Works-prix preliminary -plat: (e) Where -deemed necessary-by-the-P-lairning-Commission, sid dth _ -- - - - - - -treet lighting; located -a of-the-Rublic Works -Department. Sttreet-light cpasing-shall-consid trees -at -hull -growth - (g) Whe - - - - - - - - - • : ed-to-th lmprovements-shall-oonform to standards for cul -de -sass - (h) Planting-strips-within►-public-rights-of-way-sh 4-7 ss -g=oads - (1) -allowing -p ' ads -in the area being-subdivided—will-Rotes circulation-in-neighboringpareels-ef-property; and able -provisions are -made -for -the future ma' proposed -private access roads; and ire-proposed-privateassess-reads-Gan-a000mmodate-potentia t -on the-lots—created, When -private -assess -roads -are -authorized, there shall be a minimum -ea imu>asement-widths; p ds -s construct ith the Department -of Public Workc ctanda , shall-be-required-as-though-the-easeme were w public -right -of -war. 4-748.060 Propertyaor-hers-at-iotersestions, Draft Subdivision Ordinance Planning Commission, January 23, 1997 44 t..Kenxu•rta:;te:?..:c•;,.;,;a�„��..!::ve.'F•ngr:;:F'"'fay:{+Y,trig, :x.; t+;,.twat,�t ...�i1` 't"'4 tra gy, ersections of dedicated -public rights -of way -shat feet: 47.28.070 Raih'oads: Were -railroad -tracks -are to be -installed in a subdivision; -such tri preliminary plat -and -binding site improvers Ject to-approval-by-the-Department-of-P-ublis-Works. (a) Recommended length -Blocks -should -net -be -less -than -68 kwigith, {b) Recommended-widthuld-not-be-Iccc thanes , fronting -on -major streets or -prevented -by -topographical -conditions -or size -of -the -property, in -whish ion may approve -a -lesser -width. Ble 17.28.090 Lots. The size, shapc and orientation -of -lets -shall -meet the minimum a the -applicable -zoning classification; -and -shall -be -appropriate -forth llowing-provision&. (1) ----Ar; angement —Insofar -as -practical; side -lot -Tines -shall -be -at -rig es - (2) Corner Tots —Corner ots-n ay-be-required-te-be-platted-wi ening-Commission (3) Through lots----Through-lets-should-be-permitted accoss to only -one -street. (Ord. 1014(part), 1977) Chapter 17.24 PROCEDURES FOR PUBLIC IMPROVEMENTS Sections: 17.24.010 Plans and Permits Required for Public Improvements 17.24.020 Process for Installing Public Improvements 17.24.030 Improvement Agreements and Financial Guarantees Section 17.24.010 Plans and Permits Required for Public Improvements Draft Subdivision Ordinance Planning Commission, January 23, 1997 'fir' • xae.;ec. rx�aramT,+:w.a�r�flir:,�ar•nuM:,.,.�.•n«�,.�,,.,ux.w 45 Approval of a preliminary plat, short plat, binding site improvement plan or boundary line adjustment shall constitute approval for the applicant to develop construction plans and specifications for all facilities and improvements, in substantial conformance to the preliminary approval. design standards. and any special conditions required by the City Council: to obtain permits and complete installation for said improvements,: and to prepare a final plat. plans. z surveys and other documents for recording: f.. W CL prior to installing improvements, the developer shall apply for all required permits for those improvements. The applications shall include development plans as specified on the application i; co o form, J I F - Section 17.24.020 Process for Installing Public Improvements. -1 F- w0 Improvements installed by the developer of the subdivision or short plat, either as a requirement or of the subdividers own option, shall conform to the requirements of this title and improvement g standards, specifications, inspections and procedures as set forth by the Department of Public co Works. and shall be installed in accordance with the following procedures: t- w Z � (a) Work shall not be commenced until plans have been checked for adequacy and approved by w O PPublic Works to the extent necessary for the evaluation of the subdivision or short plat proposal. ujz The plans may be required before approval of the final plat. Plans shall be prepared in v D accordance with the requirements of the City. o (b) Work shall not commence until Public Works has been notified in advance and if work has z v been discontinued for any reason, it shall not be resumed until Public Works has been notified, o iii (c) Public improvements shall be constructed under the inspection and to the satisfaction of the o Director of Public Works. The City may require changes in typical sections and details if unusual O 1 conditions arise during construction to warrant the change. Z (d) All underground utilities, sanitary sewers and storm drains installed in the streets by the developer of the subdivision or short plat shall be constructed prior to the surfacing of streets. Stubs for service connections and underground utilities and sanitary sewers shall be placed to a Jength precluding the necessity for disturbing the street improvements when surface connections are made. (e) Plans showing all improvements as built shall be filed with the City upon completion of the improvements, 17.24.030 Improvement Agreements and Financial Guarantees. (a) Before any final subdivision, short plat, binding site improvement plan or boundary line adjustment is finally approved the subdivider shall install required improvements and replace or repair any such improvements which are damaged in the development of the subdivision. In lieu Draft Subdivision Ordinance Planning Commission, January 23, 1997 46 of installation of all required improvements, the subdivider may execute and file with the City an agreement guaranteeing completion of such improvements together with any needed replacement or repair. The agreement shall: (1) Specify the period of time within which all work required shall be completed. The time for completion shall not exceed one year from the date of final approval of the subdivision. The agreement may provide for reasonable extensions of time for completion of work. Extensions must be requested, approved by the City Council and properly secured in advance of the required initial completion date. (2) Require notice by the subdivider to the Public Works Director promptly upon completiontQf all required improvements. (3) Provide for notice of approval or disapproval by the Public Works Director of the improvement within a reasonable time after receiving notice of completion. z ~ w ret 00 u)w J '- CO LL COL w0 2 �? (4) Require financial security to be provided by the subdivider pursuant to subsection "c" w below. z 1- 0 zI- w • w U� O ( O F- W W h -o z w U= o1 - z (5) Provide that if the subdivider fails to complete all required work within the period specified. the City may take steps to demand performance of the developer's obligation within a reasonable time not to exceed ninety days from the date of demand. (6) Provide that if the required improvements are not completed within that time. the City may take action to require the subdivider forfeit the financial security_ (7) Provide that the City shall be entitled to recover all costs of such action including reasonable attorney's fees. (8) Provide that following recovery of the proceeds of the financial security. those proceeds shall be used to complete the required improvements and pay the costs incurred, (9) Provide that should the proceeds of the financial security be insufficient for completion of .e wo and •a ent of the costs the Cit shall be entitled to recover h- d- i the subdivider. -i •11 (b) Regardless of whether all required improvements are completed prior to final approval of any subdivision of land, as a condition of such approval the subdivider shall execute an agreement to assure successful operation of said improvements The agreement shall: (1) Require the subdivider to post a bond or other financial security to secure successful operation of all required improvements and full performance of the developer's maintenance obligation. Such financial security shall be effective for a two-year period following approval of installation of all required improvements. Draft Subdivision Ordinance Planning Commission, January 23, 1997 N�:D.r rnr..,.^.,qe,_2.�:.W.l:nnursrr.^`9�t�ewevnva`fw:sm:,Y.c: s:.x:...tx^•.4_r�,l•••+'•.1••,.�'-. •••ter 47 (2) Require the subdivider to perform maintenance functions on drainage improvements for a period of time not to exceed two years from approval of their completion or final plat approval. whichever is later. Such maintenance functions shall be specified by the Public Works Director and shall be reasonably related to the burdens which the subdivision will impose on drainage facilities during the time maintenance is required. The City Council may agree to accept and perform maintenance of the improvements. in which case the subdivider's obligation to perform maintenance functions shall terminate. (3) Not relieve the subdivider of liability for the defective condition of any required improvements discovered following the effective term of the security given. (4) Provide a waiver by the subdivider of all claims for damages against any governmental authority which may occur to the adjacent land as a result of construction drainage and maintenance of the streets and other improvements. (c) To assure full performance of the agreements required herein, the subdivider shall provide one or more of the following in a form approved by the City Attorney: (1) A surety bond executed by a surety company authorized to transact business in the State of Washington. (2) An irrevocable letter of credit from a financial institution stating that the money is held for the purpose of development of the stated project. (3) An assignment of account with a financial institution which holds the money in an account until such time the City signs a written release. The assignment of account will allow the City to withdraw the funds in the event the provisions of the agreement are not met. (4) A cash deposit made with the City of Tukwila. (d) Amount of financial security The financial security provided shall be 150% of the estimated • • - m • rovements to be com • leted and all rela ed e • i eerin • d s a i 1 •-i - -X!-1 se final survey monumentation and preparation of reproducible mylar or electronic records in a format approved by Public Works and meeting current Public Works drawing standards of the "as - built" improvements. The subdivider shall provide an estimate of these costs for acceptance by the Public Works Director. D ec ive work. The acce • tance of im • rovemen s b he Ci shall o ve 1 1- •u Ile a claim a • ainst the develo • er for an defective work if such is discov re • W after the date of completion of the work. Chapter 17.32 EXCEPTIONS, PENALTIES, SEVERABILITY, LIABILITY Sections: Draft Subdivision Ordinance Planning Commission, January 23, 1997 48 rt,!;!+;:ry•i�+'iy�'WN.^e shr.�riyt'.x.ty'y"yac..��.a Mr... ,:�si�„�.,���-r.: a_Rt 1 17.32.010 Exceptions. 17.32.020 Penalties. 17.32.030 City not liable. 17.32.040 Severability. 17.32.010 Exceptions. (a) Exception Criteria: Exceptions from the requirements of this code may be granted when undue hardship may be created as a result of strict compliance with the provisions of this code. Any authorization for exception may prescribe conditions deemed necessary or desirable for the public interest. An exception shall not be granted unless: (1) There are special physical circumstances or conditions affecting said property, such that the strict application of the provisions of this code would deprive the applicant of the reasonable use or development of his land; and (2) The exception is necessary to insure such property rights and privileges as are enjoyed by other properties in the vicinity and under similar circumstances; and (3) The granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity. (b) Procedures: An application for any exception from this code shall be submitted in writing by the subdivider, as part of the application for short subdivision, binding site improvement plan, or preliminary plat. Such application shall fully state all substantiating facts and evidence pertinent to the request. (1) Short subdivision — A short subdivision or binding site improvement plan exception shall be reviewed by the Short Subdivision Committee in conjunction with review of the short subdivision or binding site improvement plan application. The decision of the Short Subdivision Committee shall be final and conclusive unless appealed in accordance with the appeal procedure for Type 2 decisions set forth in TMC 18.108.020. (2) Preliminary plat — A preliminary plat exception shall be considered by the City Council at the same time the public hearing is conducted for the preliminary plat. The decision of the City Council shall be final and conclusive. 17.32.020 Penalties. Any violation of any provision, or failure to comply with any of the requirements of this chapter, shall be subject to the terms and conditions of Chapter 8.45. 17.32.030 City not liable. Draft Subdivision Ordinance Planning Commission, January 23, 1997 49 c i,Lifti[F This code shall not be construed to relieve from or lessen the responsibility of any person owning any land or building, constructing or modifying any subdivisions in the City for damages to anyone injured or damaged either in person or property by any defect therein; nor shall the City or any agent thereof be held as assuming such liability by reason of any preliminary or final approval or by issuance of any permits or certificates authorized herein. z 17.32.040 Severability. If any section subsection. clause or phrase of this code is for any reason held to be unconstitutional. such decision shall not affect the validity of the remaining portions of this code. co o J = "- CO C Wo 2 Amend the zoning ordinance as follows: u 18.06.005 General definitions . H = Except where specifically defined in this chapter, all words used in this title shall carry their Z customary meanings. Words used in the present tense include the future, and the plural includes z o the singular; the word "he" or "his" shall also refer to "she" or "her," the word "shall" is always 2 uj mandatory, the word "may" denotes a use of discretion in making a decision; the words "used" or o "occupied" shall be considered as though followed by the words "or intended, arranged or o P- I -- designed to be used or occupied." w w U. O 18.06.010 Abandoned Mine Areas w co "Abandoned mine areas" means those areas directly underlain by, adjacent to, or affected by mine workings such as adits, tunnels, drifts, or air shafts. p 18.06.015 Access road . "Access road" means that portion of a driveway which provides access to one or more parking lot or area, provides access to more than one property or lot, or may provide internal access from one street to another. This shall not include that portion of driveways whose primary function is to provide direct access to adjacent parking spaces and which, as a secondary function, also provides circulation within parking areas. 18.06.020 Adult day care. "Adult day care" means a facility which provides supervised daytime programs where up to six frail and/or disabled adults can participate in social, educational, and recreational activities led by paid staff and volunteers. 18.06.025 Adult entertainment establishments . Draft Subdivision Ordinance Planning Commission, January 23, 1997 50 .:' 7 .2"" tTG'„*7)24L.'M•,C r4471=..,...«e..:,',;.: A. "Adult entertainment establishments" means adult motion picture theaters, adult drive-in theaters, adult bookstores, adult cabarets, adult video stores, adult retail stores, adult massage parlors, adult sauna parlors or adult bathhouses, which are defined as follows: 1. "Adult bathhouse" means a commercial bathhouse which excludes any person by virtue of age from all or any portion of the premises. 2. "Adult bookstore" means a retail establishment in which: a. 30% or more of the "stock -in -trade" consists of books, magazines, posters, pictures, periodicals or other printed materials distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas"; and/or b. Any person is excluded by virtue of age from all or part of the premises generally held open to the public where such material is displayed or sold. 3. "Adult cabaret" means a commercial establishment which presents go-go dancers, strippers, male or female impersonators, or similar types of entertainment and which excludes any person by virtue of age from all or any portion of the premises. 4. "Adult massage parlor" means a commercial establishment in which massage or other touching of the human body is provided for a fee and which excludes any person by virtue of age from all or any portion of the premises in which such service is provided. 5. "Adult motion picture theater" means a building, enclosure, or portion thereof, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. 6. "Adult retail store" means retail establishment in which: a. 30% or more of the "stock -in -trade" consists of items, products or equipment distinguished or characterized by an emphasis on or simulation of "specified sexual activities" or "specified anatomical areas"; and/or b. Any person is excluded by virtue of age from all or part of the premises generally held open to the public where such items, products or equipment are displayed or sold. 7. "Adult sauna parlor" means a commercial sauna establishment which excludes any person by virtue of age from all or any portion of the premises. 8: "Adult video store" means a retail establishment in which: a. 30% or more of the "stock -in -trade" consists of prerecorded video tapes, disks, or similar material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas"; and/or b. Any person is excluded by virtue of age from all or any part of the premises generally held open to the public where such prerecorded video tapes, disks or similar material are displayed or sold. B. "Specified anatomical areas" means: 1. Less than completely and/or opaquely covered human genitals, pubic region, buttock, or female breast below a point immediately above the top of the areola; 2. Human male genitals in a discernibly turgid state even if completely or opaquely covered. C. "Specified sexual activities" means: 1. Acts of human masturbation, sexual intercourse or sodomy; or Draft Subdivision Ordinance Planning Commission, January 23, 1997 51 MtrNfSw:rwyA KS;rvrt�«M+•W!�!5'}j*�'.+4';.r 2. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast; or 3. Human genitals in a state of sexual stimulation or arousal. D. "Stock -in -trade" means: 1. The dollar value of all products, equipment, books, magazines, posters, pictures, periodicals, prerecorded video tapes, discs, or similar material readily available for purchase, rental, viewing or use by patrons of the establishment, excluding material located in any storeroom or other portion of the premises not regularly open to patrons; or 2. The number of titles of all products, equipment, books, magazines, posters, pictures, periodicals, other printed materials, prerecorded video tapes, discs, or similar material readily available for purchase, rental, viewing or use by patrons of the establishment, excluding material located in any storeroom or other portion of the premises not regularly open to patrons. 18.06.030 Adult family home. "Adult family home" means a regular family abode of a person, or persons, licensed by the State of Washington to provide personal care, room and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services. 18.06.035 Alley . "Alley" means a public thoroughfare or way usually having a width of not more than 20 feet which affords only a secondary means of access to abutting property and is not intended for general traffic circulation. 18.06.040 Apartment house . "Apartment house" means any building or portion thereof which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the home or residence of five or more families living independently of each other and doing their own cooking in the building. 18.06.045 Applicant . "Applicant" means a property owner or a public agency or public or private utility which owns a right-of-way or other easement, or has been adjudicated the right to an easement pursuant to RCW 8.12.090, or any person or entity designated in writing by the property or easement owner to be the applicant for a project permit, and who requests approval for a project permit. 18.06.050 Area, site. "Site area" means the total two-dimensional horizontal area within the property lines excluding external streets. 8.06.055 Areas of potential geologic instability . "Areas of potential geologic instability" means those areas subject to potential landslides and/or potential seismic instabilities. 18.06.060 Basement . Draft Subdivision Ordinance Planning Commission, January 23, 1997 52 .".,, ,rM-un»-,,,a.r.:a�nnr�;...rvrn..w.+a•ne,vraA-M•,.,•rnv,u,..,.,..<,r��a rrw:..,....;.:nn,..„,.x�r: �......-,�a "Basement" means that portion of a building between floor and ceiling which is all or partly below grade. If the finished floor level directly above a basement is more than two feet above grade for more than 20% of the total perimeter or is twelve feet above grade as defined at any point, such basement shall be considered as a story. 18.06.065 Bed -and -breakfast lodging . "Bed -and -breakfast lodging" means an owner -occupied dwelling unit that contains guest rooms C where lodging, with or without meals, is provided for compensation. ¢ JU 18.06.070 Best Management Practices. cn • o "Best management practices (BMPs)" means conservation practices and management measures --I i which serve to protect trees, including the following practices: N LL 1. Avoiding physical damage to tree trunk, branches, foliage and roots; w 0 2. Restricting the movement, operation, and location of construction materials and equipment to avoid the area under a tree canopy; 3. Minimizing adverse changes in drainage conditions around tree roots; w 4. Minimizing adverse changes to the chemical, physical, structural, and organic F- • w characteristics of soil around tree roots; z F- 5. Those conservation practices defined by the State of Washington Department of Agriculture, Washington State Department of Ecology, and International Society of Arborists as w intended to protect trees. o C.) co 18.06.xxx Binding Site Improvement Plan. o "Binding Site Improvement Plan" means an improvement plan processed in accordance with = - v Chapter 17.16, which is legally binding on the land owner, his heirs. successors and assigns. -O ..z 18.06.xxx Block. "Block" means a group of lots, tracts or parcels. which have been subdivided. and are entirely F= H surrounded by highways or streets or in part by a well-defined or fixed boundary. z 18.06.075 Buffer. "Buffer" means an area separating two different types of uses or environments for the purpose of reducing incompatibilities between them, or reducing the potential adverse impacts of one use or environment upon the other. 18.06.080 Building . "Building" means a structure as defined in this definitions chapter. When a total structure is separated by division walls without openings, each portion so separate shall be considered a separate building. 18.06.085 Building, accessory. "Accessory building" means a subordinate building, the use of which is incident to the use of the main building on the same lot. Draft Subdivision Ordinance Planning Commission, January 23, 1997 53 :^R+.IIT.r.,'°*'i'tl+4: • yr.:n'`+^•�f 4ri14%!H p�'r�Fe!4�Iita7'M T \nn,n.tttt, • 18.06.090 Building area . "Building area" means the total ground coverage of a building or structure which provides shelter, measured from the outside of its external walls or supporting members or from a point four feet in from the outside edge of a cantilevered roof. z 18.06.095 Building, detached. ~ z "Detached building" means a building surrounded on all sides by open space. W Lij J0 18.06.100 Building height. 0 O co "Building height" means the vertical distance measured from the average elevation of the w w proposed finished grade around the building to the highest point of a flat roof and to the mean -J F_ height between eaves and ridge of a pitched roof. N w0 18.06.105 Building line. "Building line" means the line of face or corner of part of a building nearest the property line.D ill 18.06.110 Building, nonconforming . t=-- _ Z "Nonconforming building" means a building or structure which does not conform in its 1.., 0 construction, area, yard requirements or height to the regulations of the district in which it is w uj located. ? o 0 18.06.115 Building permit. o 1, "Building permit" means a permit for construction in accordance with specific approved plans that = 0 re on file with the DCD. F- h- u. O wz 18.06.120 Bus station . 0 N "Bus station" means a facility providing connections between buses serving different inter -city 0'- routes. z 18.06.125 Caliper "Caliper" means the American Association of Nurserymen standard for measurement of trunk size of nursery stock. Caliper of the trunk shall be taken 6 inches above the ground. 18.06.130 Canopy . "Canopy" means an area encircling the base of a tree, the minimum extent of which is delineated by a vertical line extending from the outer limit of a tree's branch tips down to the ground. 18.06.135 Canopy cover. "Canopy cover" means the cumulative areal extent of the canopy of all trees on the site. 18.06.140 Certified arborist. "Certified arborist" means an arborist certified by the International Society of Arboriculture or National Arborist Association. Draft Subdivision Ordinance Planning Commission, January 23, 1997 54 .. . . p3x0M IT:".w;tirr!t_teRT4'hf;P:v.;!•I XPi!is{'7#q:?'�N�tf(+Xfv SN:iIRq..zrrt.i,m 4sY7Mterrr,! 18.06.145 Clearing . "Clearing" means removal or causing to be removed, through either direct or indirect actions, any vegetation from a site. Actions considered to be clearing include, but are not limited to, causing irreversible damage to roots or trunks; poisoning; destroying the structural integrity; and/or any filling, excavation, grading, or trenching in the root area of a tree which has the potential to cause irreversible damage to the tree. 18.06.150 Clinic . "Clinic" means a building designed and used for the medical, dental and surgical diagnosis and treatment of patients under the care of doctors and nurses and/or practitioners. 18.06.152 Closed record appeal. "Closed record appeal" means a quasi-judicial appeal to a hearing body designated by this chapter from a decision regarding a project permit application that was made after an open record hearing. Testimony and submission of relevant evidence and information shall not be permitted at a hearing on such an appeal. The hearing on such an appeal shall be limited to argument based on the testimony, evidence and documents submitted at the open record hearing conducted on the project permit application. 18.06.155 Club. "Club" means an incorporated or unincorporated association of persons organized for a social, education, literary or charitable purpose. 18.06.160 Compensatory mitigation . "Compensatory mitigation" means replacing project -induced wetland and buffer losses or impacts, and includes, but is not limited to, the following: 1. Restoration: Actions performed to reestablish wetland and its buffer functional characteristics and processes which have been lost by alterations, activities or catastrophic events within an area which no longer meets the definition of a wetland; 2. Creation: Actions performed to intentionally establish a wetland and its buffer at a site where it did not formerly exist; 3. Enhancement: Actions performed to improve the condition of an existing degraded wetland or its buffer so that the functions it provides are of a higher quality. 18.06.165 Comprehensive Plan . "Comprehensive Plan" means the adopted City of Tukwila Comprehensive Plan. 18.06.170 Constructed wetlands or watercourses . "Constructed wetlands" or "constructed watercourses" means those wetlands or watercourses which an applicant can demonstrate were intentionally created from nonwetland or nonwatercourse sites, including, but not limited to, irrigation and drainage ditches, grass -lined Draft Subdivision Ordinance Planning Commission, January 23, 1997 55 swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities; and does not mean those wetlands and watercourses created through compensatory mitigation. 18.06.175 Cooperative parking facility . z "Cooperative parking facility" means an off-street parking facility shared by two or more buildings z or uses.cd 2 18.06.180 Coverage . o "Coverage"means the percentage of the area of a lot which is built upon or used for business or w commercial purposes. w 18.06.xxx CuI-de-sac. w o "Cul-de-sac" means a street having one end open to traffic and being terminated at the other g end by a circular vehicular turn -around. j 18.06.185 Curb -cut. 1— ▪ ILI "Curb -cut" means a depression in the roadside curb for driveway purposes which provides access z E' to a parking space on private premises from a public street. 111 • w 18.06.190 Dangerous waste . "Dangerous waste" means those solid wastes designated in WAC 173-303-070 through 173-303- o 103 as dangerous waste. w 18.06.195 Day care center. u. o "Day care center" means a state licensed agency which regularly provides care for a group of id children during part of the 24-hour day. 0 z 18.06.xxx Dedication. "Dedication" means a deliberate appropriation of land by its owner for any general and public uses. reserving to himself no other rights than such as are compatible with the full exercise anci enjoyment of the public uses to which the property has been devoted. 18.06.200 Density transfer. "Density transfer" means a percentage number which represents a credit for housing units which are not allowed to be built in wetlands, watercourses or their buffers. The density transfer is used in a formula for determining the number of residential units allowed on the buildable portion of a lot containing wetlands, watercourses and their buffers. 18.06.202 Department. "Department" means the Department of Community Development. 18.06.205 Designated facility zone. Draft Subdivision Ordinance Planning Commission, January 23, 1997 56 M!^tr:�•h'r.+WY'� Y.+1sl.F 3.y..r-+•':s C^�i:C'�d�L"•iL'iEi1�LSiLL�.><i� 07,1 "Designated facility zone" means a zoning district in which hazardous waste treatment and storage facilities are allowed uses, subject to the State siting criteria designated in RCW 70.105. 18.06.210 Development. "Development" means the construction, reconstruction, conversion, structural alteration, relocation z or enlargement of any structure that requires a building permit. ~w 18.06.215 Development area . cc "Development area" means the impervious surface area less the following surfaces: the footprint ij o of an exclusive recreational facility; a proportion of a recreational facility footprint when contained u? o within a general use building as follows: the portion of the footprint area occupied by a w w recreational facility divided by the number of floors in that portion of the building; vehicle circulation N aisles between separate parking areas; sidewalks; paths; and other pedestrian/recreation facilities w 0 clearly designed to enhance the pedestrian environment. 2 �Q 18.06.220 Diameter/diameter-breast-height (d.b.h.) c o "Diameter/diameter-breast-height" (d.b.h.) means the diameter of any tree trunk, measured at 4.5 I W feet above average grade. z I-- 0 8.06.225 Director. w w "Director" means the Director of the Department of Community Development. n o Ou-2 8.06.230 District . 0 H "District" means an area or district accurately defined as to boundaries and location on the official I 0 zoning map and within which district only certain types of land uses are permitted. u.. o z 8.06.235 District, overlay . o "District, overlay" means a set of zoning requirements that is described in the title text, mapped, 01—and is imposed in addition to those of the underlying district z 18.06.240 Driveway . "Driveway" means a private road giving access from a public way to a building or abutting grounds. 18.06.245 Dwelling, manufactured home or mobile home . "Manufactured home dwelling" or "mobile home dwelling" means a detached residential dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing an insignia issued by the State of Washington certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards for manufactured homes. 18.06.250 Dwelling, multi -family. "Multi -family dwelling" means a building designed to house two or more families living independently of each other. Duration of tenancy in multi -family dwellings is not less than one month. Draft Subdivision Ordinance Planning Commission, January 23, 1997 57 18.06.255 Dwelling, single-family. "Single-family dwelling" means a detached residential dwelling unit other than a mobile or manufactured home, designed for and occupied by one family only, which includes modular homes which are factory -built, transportable in one or more sections, and meet the Uniform z Building Code. < w o:2 18.06.260 Dwelling unit. "Dwelling unit" means a building or portion thereof providing complete housekeeping facilities forp one family physically separated from any other dwelling units which may be in the same structure. co 0 Ell 18.06.265 Emergent wetland. w u~.. "Emergent wetland" means a regulated wetland with at least 30% of the surface area covered by erect, rooted, herbaceous vegetation as the uppermost vegetative stratum. g 18.06.270 Essential public facility. w a "Essential public facility" means a facility which provides a basic public service, provided in one of I- _ the following manners: directly by a government agency, by a private entity substantially funded z �-- or contracted for by a government agency, or provided by a private entity subject to public service w o obligations (i.e., private utility companies which have a franchise or other legal obligation to g w provide service within a defined service area). v o - O I- 18.06.275 Essential root zone. w "Essential root zone" means the area located on the ground between the tree trunk and 10 feet • v beyond the canopy. 0 z co 18.06.280 Essential use. v "Essential use" means that use for the preservation or promotion of which the use district was 0 E' created and to which all other permitted uses are subordinate. z 18.06.285 Essential street, road, right-of-way or utility. "Essential street, road, right-of-way or utility" means a utility facility, utility system, street, road or right-of-way where no feasible alternative location exists based on an analysis of technology and system efficiency. 18.06.290 Extremely hazardous waste. "Extremely hazardous waste" means those solid wastes designated in WAC 173-303-070 through 173-303-103 as extremely hazardous waste . 18.06.295 Family. "Family" means: one person; two or more persons related by blood, marriage or adoption; a group of two or more disabled residents protected under the Federal Fair Housing Act, who are not related by blood, marriage or adoption, living together as a single housekeeping unit; a group of five or fewer residents, who are not related by blood, marriage or adoption, living together as a Draft Subdivision Ordinance Planning Commission, January 23, 1997 58 yq.. ... y.Fyr,Yv;,. �,.. �.w+�.?.'Yca4v'.� C.n,+r,[•.::H"M"!,FW!"i*.".Sc*%4Sr'!Q:bkwv?2:: single housekeeping unit; or a group living arrangement where five or fewer residents receive supportive services such as counseling, foster care, or medical supervision at the dwelling unit by resident or non-resident staff. For purposes of this definition, minors living with at least one parent or guardian shall not be counted as part of the maximum number of residents. 18.06.300 Family child care home. "Family child care home" means a state -licensed facility in the family residence of the licensee providing regularly scheduled care for 12 or fewer children, including children who reside at the home, within an age range of birth through 11 years, exclusively for periods less than 24 hours. An off-street parking space shall be made available for any non-resident employee. 18.06.305 Fast food restaurant. "Fast food restaurant" means an establishment whose principal business is the sale of foods, frozen desserts. or beverages served in or on disposable containers for consumption while seated within the building or in a vehicle or incidentally within a designated outdoor area, or for takeout with consumption off the premises. 18.06.310 Fence. "Fence" means a wall or barrier for the purpose of enclosing space, separating parcels of land or acting as a screen or protective barrier. 18.06.315 Filling. "Filling" means the act of transporting or placing (by any manner or mechanism) fill material from, to, or on any soil surface, natural vegetative covering of soil surface, or fill material (including temporary stockpiling of fill material). 18.06.xxx Final Plat. "Final Plat" means the final drawing of the subdivision and dedication prepared for filing for record with the Department of Records and Elections. and containing all elements and requirements setforth in the subdivision code. 18.06.320 Fire lane. "Fire lane" means an aisle, lane or roadway on an improved site which is designed, constructed and required for emergency access of fire and aid unit vehicles. 18.06.325 Floor area. "Floor area" means the sum of the gross horizontal areas of the floors of a building or buildings, measured from the exterior walls and from the centerline of divisions walls. Floor area includes basement spaceelevator shafts and stairwells at each floor, mechanical equipment rooms or attic spaces with headroom of 7 feet 6 inches or more, penthouse floors, interior balconies and mezzanines, enclosed porches, and malls. Floor area shall not include accessory water tanks and cooling towers, mechanical equipment or attic spaces with headroom of less than 7 feet 6 inches, exterior steps or stairs, terraces, breezeways and open spaces. Draft Subdivision Ordinance Planning Commission, January 23, 1997 _ .ra.u+n:whiny,'�7ry+:af,si�.n+le:+rvn:rrx»h..,.� 59 • 18.06.330 Floor area ratio. "Floor area ratio" means the total floor area of a building(s) on a site, exclusive of any specific exceptions, divided by the total site area. z 18.06.335 Forested wetland. _ I- "Forestedowetland" means a regulated wetland with at least 20% of the surface area covered by re trees greater than 20 feet in height. JU 18.06.340 Fraternal organization. u) o "Fraternal organization" means a group of people formally organized for a common interest, co I usually cultural. religious or entertainment, with regular meetings, rituals and formal written N IL membership requirements. w 0 18.06.345 Garage, private. g Q "Private garage" means sheltered or enclosed space designed and used for the storage of motor rn d vehicles or boats of the residents of the premises. • w z= 18.06.350 Garage, public. z O "Public garage means a building or portion thereof designed and used for the storage, repair or ervicing of motor vehicles or boats as a business. D • Ca U 0 18.06.355 Geologist. o E - "Geologist" means a person who has earned a degree in geology from an accredited college or i 0 university, or a person who has equivalent educational training and has experience as a practicingo geologist. , , z w UN 18.06.360 Geotechnical engineer. b H "Geotechnical engineer" means a practicing, geotechnical/civil engineer licensed as a professional z civil engineer with the State of Washington who has at least four years of professional employment as a geotechnical engineer with experience in landslide evaluation. 18.06.365 Grade. "Grade" (adjacent ground elevation) means the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point five feet distant from said wall, or the Iowest'point of elevation of the finished surface of the ground between the exterior wall of a building and the property line, if it is less than five feet distant from said wall. In case walls are parallel to and within five feet of a public sidewalk, alley, or other public way, the grade shall be the elevation of the sidewalk, alley or public way. 18.06.370 Grading. "Grading" means any excavating, filling, clearing, or the creation of impervious surface, or any combination thereof, which alters the existing surface of the earth. Draft Subdivision Ordinance Planning Commission, January 23, 1997 60 �OP'5,411,XAY'.1g441(tii'rxl:^7eo+1.v!.! ! • .,,T tR'".vt..,V.P.K, 114 y. •v.tm^n;::+,:�r:�.e�tr��rrr^!y: .�.�nt 18.06.375 Gross leasable floor area. "Gross leasable floor area" means that part of the floor area of any structure which is actually used from time to time for any commercial purposes, such as a sales area, display area, walkways or storage area. This definition shall exclude such areas as basements not used for storage space, elevator shafts and stairwells at each floor, mechanical equipment rooms or attic spaces, exterior covered loading docks, and malls. 18.06.380 Groundcover. "Groundcover" means trees, shrubs and any other plants or natural vegetation which covers or shades in whole or in part the earth's surface. 18.06.385 Hazardous substance. "Hazardous substance" means any liquid, solid, gas or sludge, including any material, substance, product, commodity or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste as defined by WAC 173-303. 18.06.390 Hazardous substance processing or handling. "Hazardous substance processing or handling" means the use, storage, manufacture, production, or other land use activity involving hazardous substances. Hazardous substances processing and handling activities do not include individually packaged household consumer products or quantities of hazardous substances of less than five gallons in volume per container. 18.06.395 Hazardous tree. "Hazardous tree" means a tree with a structural defect or disease, or which impedes safe vision or traffic flow, or otherwise currently poses a threat to life or property. 18.06.400 Hazardous waste. "Hazardous waste" means and includes all waste as defined in this definitions chapter and all extremely hazardous waste as defined in this definitions chapter. 18.06.405 Hazardous waste storage. "Hazardous waste storage" means the holding of hazardous waste for a temporary period. Accumulation of waste on the site of generation is not storage as long as the storage complies with applicable requirements of WAC 173-303. 18.06.410 Hazardous waste treatment. "Hazardous waste treatment" means the physical, chemical, or biological processing of dangerous waste to make such wastes nondangerous or less dangerous, safer for transport, or amenable for energy or material resource recovery. 18.06.415 Hazardous waste treatment and storage facility, off-site. "Off-site hazardous waste treatment and storage facility" means the treatment and storage of hazardous wastes from generators on properties other than that on which the off-site facility is located. Draft Subdivision Ordinance Planning Commission, January 23, 1997 61 18.06.420 Hazardous waste treatment and storage facility, on-site. "On-site hazardous waste treatment and storage facility" means the treatment and storage of hazardous wastes generated on the same site. z 18.06.425 High impact environment. i I— "High impact environment" means the area between the low -impact environment and a point 200rew feet landward from the mean high water mark. D 6 D rU 18.06.430 Horne occupation. UOo "Home occupation" means an occupation or profession which is customarily incident to or carried w i on in a dwelling place, and not one in which the use of the premises as a dwelling place is largely u) F. incidental to the occupation carried on by a member of the family residing within the dwelling w o place; provided, that 2 1. There shall be no change in the outside appearance of the surrounding residential LL. j development; u)a 2. No home occupation shall be conducted in any accessory building; = w 3. Traffic generated by such home occupations shall not create a nuisance; z 4. No equi'. ment or process shall be used in such home occupation which creates noise, H O vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot; w 5. The business involves no more than one person who is not a resident of the dwelling; D • o and o 6. An off-street parking space shall be made available for any non-resident employee. o F- w W 18.06.435 Hospital. H I-1-- 0 "Hospital" means a building designed and used for the medical and surgical diagnosis, treatment z and housing of persons under the care of doctors and nurses. Rest homes, nursing homes, v cn convalescent homes and clinics are not included. o I z 18.06.440 Hotel. "Hotel" means a building or portion thereof designed or used for the transient rental of five or more units for sleeping purposes. A central kitchen and dining room and accessory shops and services catering to the general public can be provided. Not included are institutions housing persons under legal restraint or requiring medical attention or care. 18.06.44 5 Impervious surface. "Impervious surface" means those hard surfaces which prevent or retard the entry of water into the soil in the manner that such water entered the soils under natural conditions prior to development; or a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Such surfaces include, but are not limited to, rooftops, asphalt or concrete paving, compacted surfaces or other surfaces which similarly affect the natural infiltration or runoff patterns existing prior to development. Draft Subdivision Ordinance Planning Commission, January 23, 1997 62 � .�v�. ♦+rlYl i.+� 18.06.450 Infrastructure. "Infrastructure" means the basic installations and facilities on which the continuance and growth of a community depend, such as roads, public buildings, schools, parks, transportation, water, sewer, surface water and communication systems. z 18.06.xxx Integrated site. w cc2 "Integrated site" means a commercial or industrial zoned property for which a Binding Site Improvement Plan is being or has been approved and recorded. The site typically contains within i; vo it multiple tracts of land under separate leasehold or ownership. but functions as a single center. co 0 Characteristics of an integrated site includes commonly shared access, parking. utilities. signage w z and landscaping: the site is not bisected by a public or private street; and zoning and sign co u_ regulations are applied to the entire site, as if there were no interior property lines. w o 18.06.455 Isolated wetlands. w "Isolated wetlands" means those wetlands which: F- w 1. Are outside of and not contiguous to any lake, river or stream, in accordance with z current State and federal regulations; and E- p 2. Have no contiguous hydric soil and hydrophytic vegetation between the wetland and w w any regulated surface water. m =o 18.06.460 Junk yard. o E - "Junk yard" means a lot, land or structure, or part thereof, used for the collection, storage and sale i W of waste paper, rags, scrap metal or discarded material; or for the collecting, dismantling, storage, o salvaging and sale of parts of machinery or vehicles not in running condition. - z w o O~ "Kennel" means a place where four or more dogs or cats or any combination thereof are kept. z 18.06.465 Kennel. 18.06.470 Laboratory, medical and dental. "Medical or dental laboratory" means premises devoted to sample testing or product development in any branch of medicine or dentistry, including the application of scientific principles in testing, analysis, or preparation of drugs, chemicals or other products or substances but specifically excluding the commercial manufacturing or storage and distribution operations in excess of 20,000 square feet of floor area. 18.06.475 Land -altering activity. "Land -altering activity" means any activity that results in change of the natural cover or topography, as defined in TMC 16.54, Land Altering. 18.06.480 Land -altering permit. "Land -altering permit" means a permit for land -altering activity issued by the City of Tukwila pursuant to TMC 16.54, Land Altering. Draft Subdivision Ordinance Planning Commission, January 23, 1997 63 yv..ya+�: s:*r�.,s. �r.a.;nr, ne�.n.w ru 18.06.xxx Land surveyor. "Land surveyor" means an individual registered in accordance with the provisions of RCW 18.43 and licensed to perform land surveys in the State of Washington. 18.06.485 Landscape architect. z "Landscape architect" means a person licensed by the State of Washington to engage in the practice of landscape architecture as defined by RCW 18.96.030. w ret 18.06.490 Landscaping or landscaped areas. "Landscaping or landscaped areas" means natural vegetation such as trees, shrubs, groundcover, cu) o0 and other landscape materials arranged in a manner to produce an aesthetic effect appropriate (/) for the use to which the land is put. Ili 0 18.06.xxx Lease. "Lease" means a contract or agreement whereby one party grants to another party general of limited rights. title or interest in real property. This definition is intended to apply to those cin agreements which are ordinarily considered "ground leases". and shall not apply to those which w are ordinarily considered "space leases." z F- o 18.06.495 Loading space. w w "Loading space" means a space which is on the same site with the principal use served and which provides for the temporary parking of a vehicle while loading or unloading merchandise, materials o cn or passengers. 0 wW 18.06.500 Lot. "Lot" means a physically separate and distinct parcel of property which has been created by plat, — z short plat or binding site plan, or which by reason of its ownership history, was used as a separate v cn legal building site prior to the requirement that lots be created by plat, short plat or binding site O H plan. z 18.06.505 Lot area. "Lot area" means the total horizontal area within the boundary lines of a lot and exclusive of street right-of-way, or street easement. or private access roads authorized pursuant to the subdivision ordinance. 18.06.510 Lot, corner. "Corner lot" means a lot abutting two or more streets or parts of the same street forming an interior angle of less than 135 degrees within the lot lines. 18.06.515 Lot coverage. "Lot coverage" means the surface of the subject property covered with impervious surface, other than outdoor pools. 18.06.520 Lot depth. "Lot depth" means the mean dimension of the lot from the front street line to the rear line. Draft Subdivision Ordinance Planning Commission, January 23, 1997 64 31 ______ mwas7Cl ':" �«rnmrva:^m^Xrtsr'x'+apt.hrire,Mtotls thltrAffAllvtlf7 k+ v,*..WWItitra r!�Pli!� �L_ 'Mirr,iotr..•xxkcuw{r. ezrr�'-•wa+r,r tHw•iq,�.w.:rryxq.�crAw,r.wcwhzr+C':"?aEK!!h;;e, 18.06.525 Lot frontage. "Lot frontage" means that front portion of a lot nearest the street_ except eOn a corner lot IR-which case-the-front-y both frontages shall be considered front yards. the-Ra that-abuts-a street 18.06.530 Lot lines. "Lot lines" means the property lines bounding the lot; except that in MDR and HDR zones, lot lines shall also include the curbline or edge or easement, whichever provides a greater width, of any adjacent 'access roads'. 18.06.535 Lot, interior. "Interior lot" means a lot other than a corner lot with only one frontage on a street. 18.06.540 Lot, through. "Through lot" means a lot fronting on two streets that do not intersect on the parcel's lot lines. 18.06.545 Lot width. "Lot width" means the mean horizontal distance between lot side lines. 18.06.550 Low impact environment. "Low impact environment" means the area between the River Environment and a point 100 feet landward from the mean high water mark having environmentally protective land use regulations as established in the Shoreline Overlay District chapter of this title. 18.06.555 Major adjustment. "Major adjustment" means an adjustment determined by the Director as a major change in a final development plan which changes the basic design, density, open space or other substantive requirements or provisions. 18.06.560 Mall. "Mall" means an enclosed public area, typically a concourse, designed as a pedestrian walkway along rows of shops and often set with landscaping and/or seating. 18.06.565 Manufactured/mobile home park. "Manufactured/mobile home park" means a master planned development consisting of a grouping of manufactured or mobile home dwellings, and may include park management offices and accessory community facilities for the exclusive use of park residents, such as recreation, laundry or storage facilities. 18.06.570 Mean high water mark. "Mean high water mark" means the elevation of the surface of Green River and Duwamish River waters when the discharge rate at the U. S. Geological Survey Stream Gauging Station, Green River near Auburn (121130), is 9,000 cfs and as determined by maps on file with the City Clerk. Draft Subdivision Ordinance Planning Commission, January 23, 1997 65 ate,ext>.at,�mrrrt+s�rrn�w�r�3�.�.�rxe rrn+:....-..,a«>i.+�.wires...•..4e.,,yww.rwarr,�+tn,.�s^.9::1SC5vnum!,�.x..ae.em.^.*.� 18.06.575 Mining and quarrying. "Mining and quarrying" means removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits, greater than 50,000 cubic yards cumulative. 18.06.580 Minor adjustment. "Minor adjustment" means any change which is not determined by the Director to be a major change. 18.06.585 Motel. "Motel" includes tourist cabins, tourist court, motor lodge, auto court, cabin court, motor inn and similar names. A motel is a building or buildings, detached or in connected units or designed as a single structure, the units of which are used as individual sleeping or dwelling units having their own private toilet facilities, and may or may not have their own kitchen facilities, and are designed primarily for the accommodation of transient automobile travelers. Accommodations for travel trailers are not included. 18.06.590 Nonconforming use. "Nonconforming use" means the use of land which does not conform to the use regulations of the district in which the use exists. 18.06.592 Open record appeal. "Open record appeal" means a quasi-judicial appeal to a hearing body designated by this chapter from a decision regarding a project permit application that was made without an open record hearing. Testimony and submission of relevant evidence and information shall be permitted at the hearing on such an appeal. 18.06.594' Open Record Hearing "Open record hearing" means a quasi-judicial hearing conducted by a hearing body which creates the official record regarding a permit application. Oral testimony and submission of relevant evidence and documents shall be permitted at such a hearing. 18.06.595 Open space. "Open space" means that area of a site which is free and clear of building and structures and is open and unobstructed from the ground to the sky. 18.06.600 Open space tract. "Open space tract" means a tract that is established to preserve open space, and which is recorded on all documents of title of record for all affected lots and subsequent owners. 18.06.605 Ordinary high water mark. "Ordinary high water mark (OHWM)" means the mark that will be found by examining the bed and banks of a stream and ascertaining where the presence and action of waters are so common and usual as to distinctly mark the soil from that of the abutting upland, in respect to vegetation. Draft Subdivision Ordinance Planning Commission, January 23, 1997 66 18.06.610 Parcel. "Parcel" means a tract or plat of land of any size which may or may not be subdivided or improved. z 18.06.615 Parking space. _ I.: ~w purpose of accommodating a temporarily parked motor vehicle and which has access to a street 2 or alley. -J o �o 18.06.xxx Performance bond or guarantee. w = "Performance bond or guarantee" means that security to ensure installation of certain required co ~ improvements which may be accepted to defer those improvements when such a deferrment is w L.L. warranted and acceptable to the City. �? 18.06.620 Performance standards. a "Performance standards" means specific criteria for fulfilling environmental goals, and for = w beginning remedial action, mitigation or contingency measures, which may include water quality z i_ standards or other hydrological, geological or ecological criteria. 1-- o "Parking space" means an off-street parking space which is maintained and used for the sole z ww 18.06.625 Person. D o "Person" means any legal entity recognized by the State of Washington for the purpose of p assigning legal responsibility, to include — but not limited to — individuals, partnerships, o H corporations, associations, commissions, boards, utilities, institutions, and estates. x 0 O 18.06.630 Plan. "Plan" means a sketch, survey or other drawing, photograph or similar document which may be a 0 0 part of the set of permit drawings or construction documents, sufficient for the Director to make a o I— final permit decision. z 18.06.635 Planned Residential Development (PRD). "Planned residential development (PRD)" means a form of residential development characterized by a unified site design for a number of dwelling units, clustered buildings, common open space, and a mix of building types. The PRD is an overlay district which is superimposed over the underlying district as an exception to such district regulations, as processed through procedures specified in the Planned Residential Development District chapter of this title. 18.06.xxx Planning Commission. "Planning Commission" means that body as defined under Title 2.36 of the Tukwila Municipal Code. 18.06.xxx Plat. "Plat" means a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots. blocks, streets, and alleys or other divisions and dedications. Draft Subdivision Ordinance Planning Commission, January 23, 1997 67 s s .,...nom-: ."" :ti rtwnk*,sr t:Iasa_rssu:=4 • 18.06.xxx Preliminary plat. "Preliminary plat" means a neat and approximate drawing of a proposed subdivision or short plat. showing the general layout of streets and alleys. lots, blocks. utilities, and restrictive covenants to be applicable to the proposal. and other elements of a plat which shall furnish a basis for the approval or disapproval of the application. z 18.06.xxx Principal building. F- • w "Principal building" means the principal structure on a lot or building site designed or used to accommodate the primary use to which the premises are devoted. o coo 18.06.xxx Private access road. J ww "Private access road" means a minor, privately owned and maintained road which serves to N LL provide access to Tots as authorized pursuant to TMC Sections 17.24.030 and 17.28.050. w 0 • ?- gQ 18.06.640 Property owner. "Property owner" means the owner of record for a site, or his or her authorized representative. cn a =w 18.06.645 Protected tree/protected vegetation. z Fes., "Protected tree/protected vegetation" means tree or area of understory vegetation identified on an z O approved landscape plan to be retained and protected during construction. w w D o 18.06.650 Protection measure. o cn "Protection measure" means the practice or combination of practices (e.g. construction barriers, o "- protective fencing, tree wells, etc.) used to control construction or development activity, where i w such activity may impact vegetation which is approved for retention in a Tree Clearing Permit. 11- - o 18.06.655 Protective fencing. v N "Protective fencing" means the temporary fence or other structural barrier installed to prevent P' I permitted clearing or construction activity from adversely affecting vegetation which is approved z for retention in a Tree Clearing Permit. 18.06.657 Public meeting. "Public meeting" means an informal meeting or workshop to provide public information regarding a project permit application and to obtain comments about the application from the public. The information gathered at such a meeting does not constitute part of the official record regarding a project permit application. 18.06.660 Reach. "Reach" means a segment of a watercourse with uniform characteristics. 18.06.665 Recreation space. "Recreation space" means covered and uncovered space designed and intended for active and/or passive recreational activity including but not limited to tennis courts, swimming pools, cabanas, playgrounds, playfields, or wooded areas, and specifically excluding any parking area, driveway, or rockery. Draft Subdivision Ordinance Planning Commission, January 23, 1997 'Al S1 AV,4Etri; ie 68 ,7+y 1,17. -.nm x,:raei oZ ra.::.revyrruroArn+yg" t'tftrer±^..... ti4' Kh' 3S"R'scvty .W' r -e t 18.06.670 Recreation space, covered. "Covered recreation space" means an area of ground covered or overlaid by an artificial or manmade surface, such as rooftops or pavement. 18.06.675 Recreation space, uncovered. "Uncovered recreation space" means an area of ground characterized by a natural surface, such as lawn, forests, or sandboxes (for children's play). 18.06.680 Regulated wetlands. "Regulated wetlands" means ponds or lakes 30 acres or Tess and those lands subject to the "wetland" definition contained in this chapter. Isolated wetlands that are 1,000 square feet or smaller in area may not require compensatory mitigation. 18.06.685 Residence. "Residence" means a building or structure, or portion thereof, which is designed for and used to provide a place of abode for human beings. 18.06.xxx Right-of-way. "Right-of-way" means a City -owned strip of land to be used for public roads, bike ways. sidewalks. mass transit utilities. or similar related public uses. 18.06.690 River channel. "River channel" means that area of the river environment lying riverward of the mean high water mark. 18.06.695 River environment. "River environment" means the area between the mean high water mark and a point 40 feet landward from the mean high water mark, having the most environmentally protective land use regulations as established in the Shoreline Overlay District chapter of this title. 18.06.xxx Roadway. "Roadway" means that improved portion of a street intended for the accommodation of vehicular traffic. generally within curb lines. 18.06.700 Sanitarium. "Sanitarium" means a facility designed and used for the care, treatment and housing of persons with specific chronic diseases. Convalescent homes are not included. 18.06.705 Screening. "Screening" means a continuous fence and/or evergreen landscaped planting that effectively conceals the property it encloses. 18.06.710 Sensitive area buffer. "Sensitive area buffer" means an area lying adjacent to but outside a sensitive area as defined by this Title, whose function is to protect sensitive areas from the potential adverse impacts of Draft Subdivision Ordinance Planning Commission, January 23, 1997 69 development, land use, or other activities. A wetland or watercourse sensitive area buffer also provides critical habitat value, bank stabilization, and water overflow area functions. 18.06.715 Sensitive area regulated activities. "Sensitive area regulated activities" means any of the following activities which are directly undertaken or originate in a regulated wetland or watercourse or their buffers: 1 Removal, excavation, grading or dredging of soil, sand, gravel, minerals, organic matter or material of any kind; 2. Dumping, discharging or filling with any material; 3. Draining, flooding or disturbing the water level or water table; 4. Driving of pilings; 5. Placing of obstructions; 6. Construction, reconstruction, demolition or expansion of any structure; 7. Destruction or alteration of wetlands, watercourses or their buffers through clearing, harvesting, shading, intentional burning or planting of vegetation that would alter the character of a regulated wetland, watercourse or buffer, provided that these activities are not part of a forest practice governed under RCW 76.09 and its rules; or 8. Activities that result in a significant change to the water sources of wetlands or water courses. These alterations include a significant change in water temperature; physical or chemical characteristics, including quantity; and the introduction of pollutants. 18.06.720 Sensitive areas. "Sensitive areas" means wetlands, watercourses, areas of potential geologic instability (other than Class I areas), abandoned coal mine areas, and important geological or archaeological sites. 18.06.725 Sensitive areas ordinance. "Sensitive Areas Ordinance" means the Sensitive Areas Overlay District chapter of this title or as amended hereafter which establishes standards for land development on Tots with sensitive areas (e.g. steep slopes, wetlands, watercourses, etc.). 18.06.730 Sensitive area tract. "Sensitive area tract" means a tract which is created to protect the sensitive area and its buffer, whose maintenance is assured, and which is recorded on all documents of title of record for all affected lots and subsequent owners. 18.06.735 Service station. "Service station" means any area of land, including structures thereon, that is used for the sale of gasoline or other motor fuels, oils, lubricants, and auto accessories which may or may not include washing, lubricating, tune-ups, and other minor servicing incidental to this use, but no painting or major repair operations. 18.06.740 Setbacks. "Setbacks" means the distances that buildings or uses must be removed from their lot lines except that roof eaves may intrude a maximum of 18 inches into this area. Draft Subdivision Ordinance Planning Commission, January 23, 1997 70 18.06.745 Shelter station. "Shelter station" means a shelter for protection from the elements for the waiting customers of a public transportation system. 18.06.750 Shopping center, planned. "Planned shopping center" means a group of architecturally unified commercial establishments built on a site which is planned, developed, owned, and managed as an operating unit related in its location, size, and type of shops to the trade area that the unit serves. The unit provides on- site parking in definite relationship to the types and total size of the stores. 18.06.755 Shopping center (mall), planned. "Planned shopping center (mall)" means the same as "planned shopping center" except that this type of shopping center maintains an enclosed mall or common concourse and has a gross leasable area of more than 25,000 square feet. 18.06.760 Shoreline. "Shoreline" means the line at mean high water surrounding any body of water of 20 acres or larger or where the mean flow is 20 cubic feet per second or greater. 18.06.765 Shoreline zone. "Shoreline zone" means a 200 -foot area surrounding any shoreline in Tukwila composed of three zones: (1) river environment, (2) low impact environment, and (3) high impact environment. 18.06.xxx Short Plat. "Short plat" means the map or representation of a short subdivision. 18.06.xxx Short Subdivision. "Short subdivision" means the division of land into nine or less lots. tracts. parcels. sites or divisions. 18.06.770 Sign. "Sign"means any medium, including paint on walls, merchandise, or visual communication devie, its structure and component parts, which is used or intended to be used to attract attention to the subject matter for advertising or identification purposes. Bulletin boards and readerboards are considered to be signs. 18.06.775 Significant Tree. A "significant tree" means a tree (Cottonwood excluded) which is 4 inches or more in diameter as measured 4.5 feet above grade. 18.06.780 Site. "Site" means any legally defined section of real property, whose boundaries are recorded for purposes of assessing taxes with the County Assessor's Office. Draft Subdivision Ordinance Planning Commission, January 23, 1997 71 18.06.785 Solid planting. "Solid planting" means a planting of evergreen trees and/or shrubs which will prevent a through and unobscured penetration of sight or light. 18.06.790 Story. "Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement is more than two feet above grade for more than 20% of the total perimeter or is twelve feet above grade as defined at any point, such basement shall be considered as a story. 18.06.795 Street. "Street" means a public thoroughfare which affords the principal means of access to abutting properties. 18.06.800 Structure. "Structure" means a combination of materials constructed and erected permanently on the ground or attached to something having a permanent location on the ground, but excluding all forms of vehicles even though immobilized. Not included are residential fences, retaining walls Tess than three feet in height, rockeries and similar improvements of minor character. 18.06.805 Structural alteration. "Structural alteration" means any change in load or stress of the loaded or stressed members of a building or structure. 18.06.810 Studios. "Studios" means a building or portion of a building used as a place of work by an artist, photographer, or artisan, or used for dance instruction. 18.06.xxx Subdivision. "Subdivision" means the division or redivision of land into ten or more lots. tracts. parcels. sites or divisions, 18.06.815 Substantial construction. "Substantial construction" means completion of more than 50% of the cost of work described in specified and approved plans. 18.06.820 Surveyor. "Surveyor" means a person licensed by the State of Washington to engage in the practice of land surveying, as defined by RCW 18.43.020. 18.06.825 Tract. Draft Subdivision Ordinance Planning Commission, January 23, 1997 72 --.- n:1NkM'i�+TCtl1A4t4.Ri'1:`!S9j!K!'M`.1FT.Sfi�Vl;pTilY.'!1lY+PiIlI`.�'�t dTti'11'e,1"1.aT%i"'Y't''!"SA!TtH'r.V1N::� XwM}y'xrR19U+;ww�lYY+'rYturen>!vY..IY.Ipn:irwn:T,HI.'1rt,Y:n:ta,Y,V:a+mrv.Y•.:wm,,+,ti�.,.yi,.�Vnc++m NNgfWrli'!LI .. . MOS a�L�'�^, _ N�` r•+w;.CRII.'Z"....'�1Li1'1G3'Pl'�.CJSL"f�1StCAtLE "Tract" means a parcel of land proposed for subdivision or a distinct parcel designated for a specific use. whiy be -several -acres in -area. 18.06.830 Trailer court or park. "Trailer court or park'means any area of land occupied or designed for the occupancy of two or z more travel trailers or mobile homes. w re 18.06.835 Trailer, travel. "Travel trailer" means a vehicular portable structure built on a chassis, designed to be used as a o temporary dwelling for travel and recreational purposes. u) 18.06.840 Transit center. u_ "Transit center" means a location where groups of buses or other public transportation vehicles W 0 can be brought together at the same time, allowing patrons to transfer between the routes. �Q 18.06.845 Tree. rn a "Tree" means any self-supporting woody plant, characterized by one main trunk, with a potential _ diameter -breast -height of 2 inches or more and potential minimum height of 10 feet. ? F- F- 0 18.06.850 Tree clearing permit. w w "Tree clearing permit" means a permit issued by the Director authorizing tree clearing activities, pursuant to the general permit provisions of this title. p D- o 1- 18.06.855 Turbidity. _ 0 "Turbidity" means a cloudy condition in water due to the suspension of silt, finely divided organic o matter, or other pollutants. tii U O = 18.06.860 Understory vegetation. "Understory vegetation" means small trees, shrubs, and groundcover plants, growing beneath and shaded by the canopy of a significant tree, which affect and are affected by the soil and hydrology of the area surrounding the significant tree roots. 18.06.865 Use. "Use" means the nature of the occupancy, the type of activity, or the character and form of improvements to which land is devoted or may be devoted. 18.06.870 Use, accessory. "Accessory use" means a use incidental and subordinate to the principal use and located on the same lot or in the same building as the principal use. 18.06.875 Use, conditional. "Conditional use" means an unusual and/or unique type of land use which, due to its nature, requires special consideration of its impacts on the neighborhood and land uses in the vicinity. Draft Subdivision Ordinance Planning Commission, January 23, 1997 73 PISEMMER ySEOprax: (kTOI.��".'"'F"uP'" $71, tion r/rn'4711VaPie M' ff"Cs. l�t+N r-',r7171Tr,7,M 1,541,$, P15.17 so`iS!f,n�7rrP...am,Gm;.n r z 18.06.880 Use, permitted. "Permitted use" means any use authorized or permitted alone or in conjunction with any other use in a specified district and subject to the limitation of the regulations of such use district. 18.06.885 Use, primary or principal. "Primary or principal permitted use" means the use for which a lot, structure or building, or the major portion thereof, is designed or actually employed. i-- z Q: 2 18.06.890 Use, unclassified. 6 m Unclassified use"means an unusual, Targe -scale, unique and/or special type of land use which, o 0 due to its nature, requires special review of its impacts on the community and land uses in the J w vicinity. w • 0 18.06.895 Unlisted use. 2 "Unlisted use" means uses which are not specifically named as permitted in any use classification g a contained within this title. co =w 18.06.900 Utilities. ~ _ "Utilities" means all lines and facilities related to the provision, distribution, collection, transmission H p or disposal of water, storm and sanitary sewage, oil, gas, power, information, telecommunication w w and telephone cable, or refuse, and includes facilities for the generation of electricity. U o O P - 0 I— LL! ur W I-� III O ui.i z O I • I- 18.06.905 Variance. "Variance" means an adjustment in the specific regulation of this title regarding a particular piece of property as provided in the Variance chapter of this title. 18.06.910 Vegetation. "Vegetation" means living trees, shrubs or groundcover plants. 18.06.915 Vehicles. "Vehicles" means mechanical devices capable of movement by means of wheels, skids or runners of any kind, specifically including, but not limited to, all forms of trailers, recreational vehicles or mobile homes of any size whether capable of supplying their own motive power or not, without regard to whether the primary purpose of which device is or is not the conveyance of persons or objects, and specifically including all such automobiles, buses, trucks, cars, vans, recreational vehicles, trailers and mobile homes even though they may be at any time immobilized in any way and for any period of time of whatever duration. 18.06.920 Watercourse. "Watercourse" means a course or route formed by nature or modified by man, generally consisting of a channel with a bed and banks or sides substantially throughout its length along which surface water flows naturally other than the Green/Duwamish River. The channel or bed need not contain water year-round. Watercourses do not include irrigation ditches, stormwater runoff channels or devices, or other entirely artificial watercourses unless they are used by Draft Subdivision Ordinance Planning Commission, January 23, 1997 74 z salmonids or to convey or pass through stream flows naturally occurring prior to construction of such devices. 18.06.925 Wetland edge. Wetland edge" means the boundary of a wetland as delineated based on the 1987 manual in use January 1, 1995 by the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers. 18.06.930 Wetlands. "Wetlands" means those areas that are inundated or saturated by groundwater or surface water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include bogs, swamps, marshes, ponds, lakes and similar areas. Constructed wetlands are not considered wetlands for the purposes of this chapter. However, those artificial wetlands intentionally created from nonwetland areas to mitigate conversion of wetlands as permitted by the City shall be considered wetlands. 18.06.935 Yard. "Yard" means a required open space unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward. 18.06.940 Yard, front. "Front yard" means a yard extending between side lot lines across the front of a lot. In MDR and HDR zones, this shall also include areas adjacent to 'access roads'. 18.06.945 Yard, rear. "Rear yard" means a yard extending across the rear of the lot between inner side yard lines. 18.06.950 Yard, second front. "Second front yard" means any yard adjacent to a public street that is not a front yard as defined in the Definitions chapter of this title. (See also the Supplemental Development Regulations chapter of this title and Figure 18-4.) 18.06.955 Yard, side. "Side yard" means a yard extending from the rear line of the required front yard to the rear lot line, or in the absence of any clearly defined rear lot line to the point on the lot farthest from the intersection of the lot line involved with the public street. Amend the Sensitive Areas Ordinance as follows: nsit�ve Areas Ordinance is proposed to tie amended to elimiiri quirement for short plats and boundary line adjustments. Draft Subdivision Ordinance Planning Commission, January 23, 1997 75 18.45.060 Procedures. When an applicant submits an application for any building permit, subdivision, short subdivision or any other land use review which approves a use, development or future construction, the location of any sensitive areas and buffers on the site shall be indicated on the plans submitted. When a sensitive area is identified, the following procedures apply. The Director may waive item numbers 1, 2, 4 and 5 of the following if the size and complexity of the project does not warrant that step in the procedures and the Director grants a waiver pursuant to TMC 18.45.020F.2. 1. Sensitive Areas Study and Geotechnical Report. The applicant shall submit the relevant study as required in TMC 21.04.140 and this chapter. It is intended that sensitive areas studies and information be utilized by applicants in preparation of their proposals and therefore shall be undertaken early in the design stages of a project. 2. Planned Residential Development Permit. Any new residential subdivision, residential chert—subdiuisien,--Fesidential—beundayr—line—adjustment, or multiple family residential proposal which includes a sensitive area or its buffer on the site shall apply for a planned residential development permit and meet the requirements of the Planned Residential Development District chapter of this title. 3. Denial of Use or Development. A use or development will be denied if it is determined by the Director that the applicant cannot ensure that potential clangers and costs to future inhabitants of the development, adjacent and local properties, and Tukwila are minimized and mitigated to an acceptable level. 4. Pre -development Conference. The applicant. specialist(s) of record, contractor, and department representatives will be required to attend preconstruction conferences prior to any work on the site. 5. Construction Monitoring. The specialist(s) of record shall be retained to monitor the site during construction. 6. On-site Identification. The Director may require the boundary between a sensitive area and its buffer and any development or use to be permanently identified with fencing, or with a wood or metal sign with treated wood, concrete or metal posts. Size will be determined at the time of permitting, and wording shall be as follows: "Protection of this natural area is in your care. Alteration or disturbance is prohibited pursuant to TMC Chapter 18.45. Please call the City of Tukwila for more information." Draft Subdivision Ordinance Planning Commission, January 23, 1997 76 �sw,r..n,„,,�,»�.r<e�.7;�rur.,2,7:s:'c!,;:..,,�y.•rn��,�•,,r,..ryasrv{�.a?f�a>YsYq.;rxl55':3`?t;��lr�c�iny'ygap+�'".+aES�}' Amend the Fees (TMC Chapter 18.88) of the zoning code as follows: un .recoan ize`: ustment fee` is proposed: to be reduced 'fron ative differences in processing a BLA as opposed to ast 18.88.010 Application fees. The following fees shall be paid by any applicant for a land use permit at the same time that said application is filed with the City: Type of Application Comprehensive plan amendment Conditional use permit (CUP) Design review (BAR) Planned Residential Development (PRD) Reclassification (rezone) Shoreline substantial development permit Short Plat/Binding Site Improvement Plan Street vacation Unclassified use permit (UUP) Variance Lot line adjustments Special review (parking/sign deviation, etc.) Zoning Code Amendment Preliminary Plat Final Plat Fee $700.00 850.00 900.00 800.00 plus 100.00/acre 700.00 550,00 20000 120.00 850.00 600.00 200:0050,00 200.00 700.00 800.00 plus 75.00 per lot 400.00 plus 25.00 per lot Application for renewals of any land use permit, provided such renewals are specifically authorized, shall pay the same fee required for the land use permit being renewed. Draft Subdivision Ordinance Planning Commission, January 23, 1997 77 4eeaC�teee S' Vtia# ZJd4te&o `Uvtelooa DRAFT - FOR PUBLIC & PLANNING COMMISSION REVIEW January 23, 1997 Title 17 SUBDIVISIONS AND PLATS Chapters: 17.04 General Provisions. 17.08 Boundary Line Adjustments and Lot Consolidations. 17.12 Detailed Procedures for Short Subdivisions. 17.14 Detailed Procedures for Subdivisions. 17.16 Detailed Procedures for Binding Site Improvement Plan. 17.20 Design and Improvement Standards for the Subdivision of Land. 17.24 Procedures for Public Improvements. 17.28 Exceptions, Penalties, Severability, Liability. Chapter 17.04 GENERAL PROVISIONS Sections: 17.04.010 Title. 17.04.020 Purpose. 17.04.030 Scope, Exemptions. 17.04.040 Definitions. 17.04.050 Dedications. 17.04.060 Survey Content. 17.04.070 Notification of other agencies. 17.04.010 Title. This code shall be known as the "City of Tukwila Subdivision Code." 17.04.020 Purpose. The purpose of this code is to provide rules, regulations, requirements, and standards for subdividing land in the City, insuring that the public health, safety, general welfare, and aesthetics of the City shall be promoted and protected; that orderly growth, development, and the conservation, protection and proper use of land shall be insured; that the character of the developing area is safeguarded and promoted; that proper provisions for all public facilities including circulation, utilities, open space, and services shall be made; and that the goals and policies of the Tukwila Comprehensive Plan are furthered through the subdivision of land. 17.04.030 Scope, Exemptions. (a) The subdivision of land within the City of Tukwila shall comply with Chapter 58.17 RCW. Planning Commission - January 23, 1997 1 (b) Where this code imposes greater restrictions or higher standards upon the development of land than other laws, ordinances or restrictive covenants, the provisions of this code shall prevail. (c) Exceptions: This ordinance shall not apply to divisions and activities described as inapplicable in RCW 58.17.040; PROVIDED THAT, boundary line adjustments and lot consolidations are subject to the provisions contained in Chapter 17.08; PROVIDED FURTHER THAT binding site improvement plans are subject to the provisions contained in Chapter 17.16. 17.04.040 Definitions. The definitions of the zoning code, Chapter 18.06 TMC, are hereby adopted by reference. 17.04.050 Dedications. (a) Act of dedication: The intention to dedicate real property to the public shall be evidenced by showing the dedication on the plat prepared for approval. All dedications, including easements, rights-of-way and real property shall be clearly and precisely indicated on the face of the plat. Unless specifically noted otherwise on the plat, approval of the plat for recording shall constitute acceptance of the dedications. (b) Public streets: All streets and parcels of land shown on the final plat and intended for public use shall be offered for dedication for public use, except the approving entity may allow the conveyance of certain public improvements to be conveyed to a homeowner's association or similar non-profit corporation. (c) Certificate: If the subdivision includes a dedication, the final plat shall include a certificate of dedication or reference to a separate written instrument which dedicates all required streets and other areas to the public. The certificate or instrument of dedication shall be signed and acknowledged before a notary public by every person having any ownership interest in the lands divided and recorded as part of the final plat. (d) Title Report: Every proposed final plat containing a dedication must be accompanied by a title report confirming that the title of the lands as described and shown on the plat is in the name of the owners signing the certificate of dedication. 17.04.060 Survey Content. Whenever a survey is submitted for a short plat or subdivision, the following information shall be included: (a) The name of the plat, City of Tukwila file number, graphic scale and north arrow. The survey shall be done to a scale of 1 inch equals 100 feet unless otherwise approved by DCD, and shall be drawn with black drawing ink on 18 inch by 24 inch mylar sheets. Planning Commission - January 23, 1997 2 (b) Existing features such as rivers, streets, railroads and structures. (c) The lines and names of all existing or platted streets or other public ways, parks, playgrounds, and easements adjacent to the final plat, subdivision or dedication, including municipal boundaries, township lines, and section lines. (d) In the event the plat constitutes a replat, the lots, blocks, streets, etc., of the previous plat shall be shown by dotted lines in their proper positions in relation to the new arrangement of the plat, the new plat being shown in solid lines so as to avoid ambiguity. (e) Legal description of the subdivision boundaries. (f) A complete survey of the section or sections in which the plat or replat is located, if necessary, including: (1) All stakes, monuments or other evidence found on the ground and used to determine the boundaries of the subdivision. Location and monuments found or reset with respect to any established centerline of streets adjacent to or within the proposed subdivision. All other monuments found or established in making the survey of this subdivision or required to be installed by provisions of this title. (2) City or County boundary lines when crossing or adjacent to the subdivision. (3) The location and width of streets and easements intersecting the boundary of the tract. (4) Tract, block and lot boundary lines and street rights-of-way and centerlines, with dimensions, bearings, radii, arcs and central angles, points of curvature and tangent bearings. Tract boundaries, lot boundaries and street bearings shall be shown to the nearest second with basis of bearings. All distances shall be shown to the nearest one- hundredth foot. (5) The width and location of existing easements and rights-of-way and of easements and rights-of-way being dedicated. (g) Lot and block numbers beginning with the number "1" and numbered consecutively without omission or duplication. (h) Tracts to be dedicated to any public or private purpose shall be distinguished from Tots intended for general development with notes stating their purpose and any limitations. (i) The plat shall include the following statements: (1) A statement to be signed by the Public Works Director approving the survey data, the layout of the streets, alleys and other rights-of-way, design of bridges, sewage and water systems, drainage systems and other structures. Planning Commission - January 23, 1997 3 .......,.w.rmw.ec.+ucuewxusmuu+vimMMI.Xsullbawxsrixucrw.eazumzmrunswmcna.rx..MW'as*.=V.S¢r•��ii-^rn .r. ,7,.. .. ,,....n<..,.t... .:.,•.,. R.,: •,..m.vc�..v.:.y:.+--•.Ki,.,.^•,n..n...,�.�m^.yv^:eu3hraGv (2) A certificate bearing the printed names of all persons having an interest in the subdivided land, signed by the persons and acknowledged by them before a notary public, consenting to the subdivision of the land and reciting a dedication by them of all land shown on the plat to be dedicated for public uses, and a waiver by them and their successors of all claims for damages against any governmental authority arising from the = • construction and maintenance of public facilities and public property within the subdivision. 1- ac (3) A certificate with the seal of and signature of the surveyor responsible for the survey o and final plat with the following statement: o cnw , registered as a land surveyor by the State of Washington, certify that this plat is based on an actual survey of the land described herein, conducted by w o me or under my supervision; that the distances, courses and angles are shown thereon 2 correctly; and that monuments other than those monuments approved for setting at a g 5 later date, have been set and lot corners staked on the ground as depicted on the plat." c I (4) Certification from the King County Treasurer that all taxes and assessments for which Z the property may be liable have been duly paid, satisfied or discharged as of the date of p certification.ui w ~ (5) Certification of examination and approval by the County Assessor. o (6) Recording Certificate for completion by the King County Department of Records and = w Elections. u'o (7) Certification of Examination and Approval by the Seattle - King County Health ui co Department when the lot(s) are served by septic system(s). P 0 z (8) City of Tukwila Finance Director Certificate that states there are no delinquent special assessments, and that all special assessments on any of the property that is dedicated as streets, alleys or for other public use are paid in full at the date of certification. (9) Certification by the Public Works Director that the subdivider has complied with one of the following: (A) All improvements have been installed in accordance with the requirements of this title and with the preliminary plat approval, and that original and reproducible mylar or electronic records in a format approved Public Works and meeting current Public Works drawing standards for road, utility and drainage construction plans certified by the designing engineer as being "as constructed" have been submitted for city records. (B) An agreement and bond or other financial security have been executed in accordance with Section 17.24.030 of this title sufficient to assure completion of required improvements and construction plans. Planning Commission - January 23, 1997 IkhiYPHSCMt+, 4 (10) Certificate of dedication pursuant to TMC 17.04.050(d). (11) For short plats, binding site improvement plans and boundary line adjustments, a certificate of approval to be signed by the DCD Director, Public Works Director and Fire Chief; (12) For subdivisions, a certificate of approval to be signed by the Mayor and City Clerk. 17.04.070 Notification of other agencies. Notice of the filing of a preliminary plat within 1,000 feet of the municipal boundaries, or which contemplates the use of special use districts or other city's or town's utilities, shall be given to the appropriate special districts, county, city or town authorities. Notice of the filing of a preliminary plat located adjacent to the right-of-way of a State highway shall be given to the State Department of Highways. In addition, notice of all preliminary plats shall be submitted to the appropriate school district. All such notices shall include the hour, location, and purpose of the hearing and a description of the property to be platted. Chapter 17.08 BOUNDARY LINE ADJUSTMENTS AND LOT CONSOLIDATIONS Sections: 17.08.010 Purpose. 17.08.020 Scope. 17.08.030 Preliminary Approval. 17.08.040 Recording. 17.08.050 Expiration. 17.08.010 Purpose. It is the intent to provide an efficient and timely process that allows consistent review; to ensure such actions do not create non -conformities with zoning and other city regulations; to provide a permanent record of boundary line adjustments and lot consolidations; and to ensure appropriate provisions are made for access and utility easements; in a manner consistent with RCW 58.17.040(6). 17.08.020 Scope. This chapter applies to all boundary line adjustments and lot consolidations which are otherwise exempt from subdivision regulations (58.17.040(6) RCW). Planning Commission - January 23, 1997 5 17.08.030 Preliminary Approval. In order to receive preliminary approval, the applicant must submit to DCD a complete application, in quantities specified by DCD, and meet the criteria for approval. (a) A complete application consists of the following: z (1) A completed application on a form provided by the Department of Community w 2 Development and fee. UO (2) A neat and readable plan drawn to a standard decimal (engineer) scale. A survey cn o may be required if it is determined that level of information is needed to ensure the J w adjustment meets the approval criteria. The plan shall show the following N u. information: w O (A) Property lines, with those that remain in their existing location shown as a g a solid line, those that are being moved or removed shown as a dashed line, and co d those that have been relocated shown as a solid line and clearly identified as a T w_ relocated line. z (B)Dimensions Diions of all property lines and area of the lots, before and after the z w U • D adjustment. 0 Y (C) Location and floor area of all structures on the site, and their setbacks 0 !— from from existing and new property lines. w • w (D) Location and purpose of all easements on the site. z iii U� (E) Location, purpose and legal description of any new or extended o F- easements proposed. z (F) Location of adjacent public roads and points of access from the public road(s) if a lot does not front on a public road, show how and where access is provided. (G) Location of existing utilities and utility easements. (H) Calculations which demonstrate that required yards of the Uniform Building Code are met. (3) Before and after legal description of the affected lots. (b) In order to approve a boundary line adjustment or lot consolidation, the Short Subdivision Committee shall determine the project complies with the following criteria: Planning Commission - January 23, 1997 6 (1) No additional lots, sites, parcels, tracts or divisions are created. (2) The adjustment will not create non -conforming lots with respect to zoning dimension and area standards, zoning setbacks and lot area coverage standards. z (3) The degree of non-conformance on existing non -conforming lots with respect to = F. zoning dimension and area standards, zoning setbacks and floor area ratio are not w increased. j JU 0 UCO LI.1o WI �LL wo (5) Existing easements for utilities are appropriate for their intended function, or they are extended, moved or otherwise altered to an appropriate location. g to o Z= I- o 17.08.040 Recording. w w w 2• o After preliminary approval has been granted, an application for final approval shall be submitted to o OH w (a) A complete final application shall consist of the documents required for recording which i• v▪ -- LL- ..z o wN (1) Drawing or survey of the boundary line adjustment. 1—. (2) Before and after legal descriptions of the affected lots. o z (3) Affidavit of ownership. (4) Application on a form provided by the Department of Community Development. (5) Other documentation necessary to demonstrate the conditions of the approval have been met. (4) All Tots have legal access to a public road. Existing access improvements and easements are not diminished below subdivision ordinance standards for Tots that are served by a private access road. (6) The adjustment does not create any non -conformities with respect to the Uniform Building Code or any other locally administered regulation. DCD for final review. includes: (b) Upon receiving approval from the City, the applicant will be responsible for picking up the documents from DCD and recording them with King County Office of Records. A copy of the recorded documents must be returned to DCD to finalize the approval process. The adjustment shall not be deemed complete until the City receives these documents. 17.08.050 Expiration The boundary line adjustment application shall expire if it has not been recorded within one year from the date of approval. Upon written request from the applicant prior to the expiration date, the Short Subdivision Committee is authorized to grant one extension, not to exceed six months. Planning Commission - January 23, 1997 7 Chapter 17.12 DETAILED PROCEDURES FOR SHORT SUBDIVISIONS Sections: 17.12.010 Scope. 17.12.020 Preliminary Short Plat Approval. 17.12.030 Final Short Plat Approval. 17.12.040 Expiration. 17.12.050 Limitations on further subdivision. Applications for short plat approval shall be processed as a Type 2 decision, subject to the provisions of Section 18.108.020 (TMC). 17.12.010 Scope. Any land being divided into nine or fewer parcels, lots, tracts or sites for the purpose of sale, lease, or gift, any one of which is less than 20 acres in size, shall meet the requirements of this section. 17.12.020 Preliminary Short Plat Approval. (a) Application/Fees: The following items are required, in quantities specified by DCD, for a complete Short Plat application for preliminary approval. Items may be waived if in the judgment of the Short Subdivision Committee they are not applicable to the proposal: (1) Items contained in Section 18.104.060 TMC. (2) Completed Preliminary Short Plat Application Form as prescribed by the DCD Director with fee. (3) Completed Application Checklist. (4) A complete SEPA Checklist application if project is not exempt from SEPA. (5) Complete applications for other required land use approvals. (6) A vicinity map showing location of the site. (7) A survey prepared to the standards identified in TMC Section 17.04.060. (8) Site and development plans which provide the following information: (A) The owners of adjacent land and the names of any adjacent subdivisions. Planning Commission - January 23, 1997 8 w,. (B) Lines marking the boundaries of the existing lot(s) (any existing lot to be eliminated should be a dashed line and so noted). (C) Locations of existing and proposed public street rights-of-way and private access easements. (D) Location, floor area and setbacks of all existing structures on the site. (E) Lot area, lot line dimensions and average widths for each lot. (F) Location of proposed new property lines and numbering of each lot. (G) Location, dimension and purpose of existing and proposed easements. Provide recorded documents which identify the nature and extent of existing easements. (H) Location of any proposed dedications. (1) Existing and proposed topography at two foot contour intervals. (J) Location of any sensitive areas and sensitive area buffers (slopes 20% or greater, wetlands or watercourses) on the site. (K) Location, size and species of any trees located within a sensitive area or its' buffer. (L) Location of existing and/or proposed fire hydrants to serve the project. (M) Description, location and size of existing and proposed utilities, storm drainage facilities and roads to serve the lots. (N) Expected location of new buildings and driveways, including finished floor elevations of the buildings. (9) Letter of water and sewer availability if the provider is other than the City of Tukwila. (b) Review procedures. (1) Referral to Other Departments: Upon receipt of an application for a short subdivision, the Department of Community Development shall transmit one copy of the application to each member of the Short Subdivision Committee, and one copy to any department or agency deemed necessary. (2) Short Subdivision Committee (SSC): The Short Subdivision Committee shall consist of the Director of the Department of Community Development who shall be the chair, the Public Works Director, and the Fire Chief, or their designated representatives. (3) Short Subdivision Committee Decision: The Short Subdivision Committee may approve, approve with modifications, or deny the application for a short subdivision pursuant to Type 2 permit procedures. No formal meeting of the Committee is required so long as the Chair obtains the recommendations and consent of the other members of the Committee before issuing a decision. (c) Criteria for Preliminary Short Plat Approval: The Short Subdivision Committee shall base its' decision on an application on the following criteria: Planning Commission - January 23, 1997 9 oNAMIM.!n.stYl l.kWa.n+iNl?'.!9TC,MhF'.: A: . z w O 0 CO CO Ill al w • 0 �Q co =a � w z� z° w U O. O I- W ti 0 ..z w O1— z (1) The proposed Short Plat is in conformance with the Tukwila Comprehensive Plan, and any other such adopted plans. (2) Appropriate provisions have been made for water, storm drainage, erosion control and sanitary sewage disposal for the short plat which are consistent with current standards and plans. (3) Appropriate provisions have been made for road, utilities and other improvements which are consistent with current standards and plans. (4) Appropriate provisions have been made for dedications, easements and reservations. (5) The design, shape and orientation of the proposed lots are appropriate to the proposed use for which the lots are intended and are compatible with the area in which they are located. (6) Appropriate provisions for the maintenance of commonly owned private facilities have been made. (7) The short plat complies with the relevant requirements of the Tukwila Subdivision Ordinance. (8) The short plat complies with the requirements of the Tukwila Zoning Ordinance and other relevant local regulations. 17.12.030 Short Plat Final Approval (a) Application: The following items are required, in quantities specified by DCD, for a complete application for final short plat approval. Items may be waived if in the judgment of the Short Subdivision Committee said items are not applicable to the particular proposal: (1) Completed Short Plat Final Approval Form. (2) Completed Application Checklist. (3) Documentation of the square footage of each lot and mathematical boundary closure of the subdivision, of each lot and block, of street centerlines, showing the error of closure, if any. (4) A final survey which complies with the standards setforth in TMC 17.04.060 and with all certificates signed except for those signed by the City and those signed at recording. (5) A title insurance report confirming that the title of the land in the proposed subdivision is vested in the name of the owners whose signatures appear on the plat's certificate. Planning Commission - January 23, 1997 10 (6) A bond in a form acceptable to the City Attorney pursuant to TMC 17.24.030 if improvements are to be deferred. (7) Legal descriptions of the all tracts located within the boundaries of the short plat. z (8) As -built plans for all new roads and utilities. 1 w ret (9) Binding maintenance agreements to provide for the maintenance of commonly owned B private facilities. v vo u)0 (10) Signatures on the following certificates on the face of the plat (when appropriate) from w = the surveyor that prepared the plat, the King County Treasurer, Seattle -King County Health co F - Department, City of Tukwila Finance Director, Owners affidavit and certificate of dedication w o as identified in TMC 17.04.060(1). �? (b) Final Approval Review Procedures: c Ci F -w (1) The Short Subdivision Committee may grant final approval of the short subdivision when z 1z.. they find the criteria listed in subsection "c" below have been met. No formal meeting of the z o Committee is required so long as the Chair obtains the recommendations and consent of the LIJ 1.1.1 other members of the Committee before issuing a decision. U o u)_ (2) Upon final approval of the short plat, the applicant shall record the plat and all other o H - relevant documents with the King County Department of Records and Elections. The i v subdivider is responsible for paying the recording fee(s). Upon completion of recording, the 0 applicant shall provide DCD with a copy of the recorded documents. The short plat shall not — z be considered final until these documents have been provided to DCD. 0 cn 5 I- (c) Criteria for Approval: To grant final approval of a short plat, the Short Subdivision Committee z must determine that it meets the following decision criteria: (1) All requirements for short plats as set forth in the Subdivision Code are met. (2) All terms of the preliminary short plat approval have been met. (3) The requirements of Chapter 58.17 RCW, other applicable state laws, and any other applicable City ordinances have been met. (4) All required improvements have been installed in accordance with City standards or an improvement agreement with financial guarantee pursuant to TMC 17.24.030 has been entered into by the applicant and accepted by the City. (5) That the plat is technically correct and accurate as certified by the land surveyor responsible for the plat. Planning Commission - January 23, 1997 11 .. .. _ vmrva ,�trtt.•+� wn2(+r+s'Yfi?vW.+n7Yr's•'M-RW'�K'�1GT".^.Ni:Mw9i flit?'ars*NicttL+,x^.tfi*�i<:z:C+.'r!^P+n'r..n.srr,Ymc.:n+�rYurnv✓,•rtaa•rFrrsN:ve".«+o`^Mawr+Rye.pavw„�,Y,�v,rn!w,r,•u-Yrr+rvc�•a'rn:h.,„y�rR,rr'+"iSa'•,'7.T 17.12.040 Expiration period. If the short plat is not recorded within one year of the date of preliminary short plat approval, the short plat shall become null and void. Upon written request by the subdivider prior to the expiration date, the Short Subdivision Committee may grant one extension of not more than one year. z 17.12.050 Limitations on further subdivision. w e: 2 Any land subdivided under the requirements of this chapter shall not be further divided for a i; o period of five years without following the procedures for subdivision, except that when the short cn o plat contains fewer lots than allowed for a short plat, in which case an additional short plat may be J = approved if the total number of lots within the boundaries of the original short plat does not exceed - LL nine. W o 2 Chapter 17.14 g 5 DETAILED PROCEDURES N FOR SUBDIVISIONS w zs F--0 zr W C.) 1- 1/1 — WW u- O W ..z Any land being divided into ten or more parcels, lots, tracts or sites, for the purpose of sale or gift, O. any one of which is Tess than 20 acres in size, or any land which has been divided under the short z subdivision procedures within five years and is not eligible for further short platting pursuant to Section 17.12.100 shall conform to the procedures and requirements of this section. Sections: 17.14.010 17.14.020 17.14.030 17.14.040 17.14.050 17.14.010 Scope. Preliminary plat. Final plat. Expiration. Phasing. Scope. 17.14.020 Preliminary plat. Applications for preliminary plat approval shall be processed as Type 5 decision subject to the provisions of TMC 18.108.050. (a) Application: The following items are required, in quantities specified by DCD, for a complete application for preliminary short plat approval. Items may be waived if in the judgment of the DCD Director the items are not applicable to the particular proposal: (1) Completed Preliminary Plat Application Form and fee. (2) Completed Application Checklist. Planning Commission - January 23, 1997 12 :41,: . yam.. .V.+'t.�K+/•,�t n.n;A \M.tY,vIR. (3) A complete SEPA Checklist application if project is not exempt from SEPA. (4) Complete applications for other required land use approvals. (5) A vicinity map showing location of the site. Z (6) A survey prepared to the standards identified in TMC Section 17.04.060. w cc 2 (7) All existing conditions shall be delineated. Site and development plans which provide the v o following information: u) 0 (A) Owners of adjacent land and the names of any adjacent subdivisions. J F. (B) Lines marking the boundaries of the existing lot(s) (any existing lot to be eliminated w 0 should be a dashed line and so noted). (C) Approximate names, locations, widths and dimensions of existing and proposed, g public street rights-of-way and private access easements, parks and other open spaces, reservations, and utilities. =a (D) Location, floor area and setbacks of all existing structures on the site. I -- (E) Lot area, dimensions and average widths for each lot. I- p (F) Location of proposed new property lines and numbering of each lot. w w (G) Location, dimension and purpose of existing and proposed easements. Provide n o recorded documents which identify the nature and extent of existing easements. o cn (H) Location of any proposed dedications. o 1- (1) Existing and proposed topography at two foot contour intervals. All contours shall i w extend at least 50 feet beyond the site boundaries. v (J) Location of any sensitive areas and sensitive areas (slopes 20% or greater, LI -z wetlands or watercourses) on the site. (K) Location, size and species of any trees located within a sensitive area or its buffer. 0 1- (L) Source of water supply, method of sewage disposal, and manner of surface runoff Z control. (M) Location of existing and proposed fire hydrants to serve the project. (N) Description, location and size of existing and proposed utilities, storm drainage facilities and roads to serve the lots. (0) A survey of existing trees and vegetation with a retention/removal plan for the preservation of significant trees and vegetation. (P) Expected location of new buildings, their driveways and finished floor elevations. (8) Letter of water and sewer availability if the provider is other than the City of Tukwila. (9) King County Assessor's maps which shows the location of each property within 500 feet of the subdivision; Three sets of mailing labels for all property owners and tenants (residents or businesses) within 500 feet of the subdivision. (10) Items required by Section 18.104.060 TMC not already listed above. Planning Commission - January 23, 1997 13 ?_:L�",.. "...:.t�.,._..�..:,�.ae..:_�LP. Mr.^..:^_�s::•x'tw�:z:� as',`�n:.t;::7:t:c•:»na+>au!uumw-_-,. (b) Review Procedures: (1) Referral to Other Offices: Upon receipt of a complete preliminary plat application, the Department of Community Development shall transmit a notice of application and one copy of the preliminary plat to each of the following offices, where appropriate: Public Works, Building Division, Fire Department, Police Department, King County Health Department, the appropriate school district, and each public utility agency serving the area in which the property proposed for subdivision is located. (2) Public Notice and Public Hearing: The process for public notice, hearings, decisions and appeals shall be as provided for Type 5 decisions as identified in Title 18. (c) Criteria for Preliminary Plat Approval: The City Council shall base its' decision on an application for preliminary plat approval on the following criteria: (1) The proposed subdivision is in conformance with the Tukwila Comprehensive Plan and any other City adopted plans. (2) Appropriate provisions have been made for water, storm drainage, erosion control and sanitary sewage disposal for the subdivision which are consistent with current standards and plans. (3) Appropriate provisions have been made for road, utilities and other improvements which are consistent with current standards and plans. (4) Appropriate provisions have been made for dedications, easements and reservations. (5) The design, shape and orientation of the proposed lots are appropriate to the proposed use for which the lots are intended and are compatible with the area in which they are located. (6) The subdivision complies with the relevant requirements of the Tukwila Subdivision and Zoning Ordinances, and all other relevant local regulations. (7) Appropriate provisions for maintenance of privately owned common facilities have been made. (8) The subdivision complies with 58.17.110 RCW. Planning Commission - January 23, 1997 14 17.14.030 Final plat. (a) Application The following items are required, in quantities specified by DCD, for a complete application for z final plat approval. Items may be waived if in the judgment of the DCD Director said items are not applicable to the particular proposal: F- w (1) Completed Application Form and fee. v o 0 (2) Completed Application Checklist. w (3) Copies and one original of the final plat survey in conformance with the standards set w forth in 17.04.060. N J (4) A plat certificate from a title insurance company documenting the ownership and title of u a all interested parties in the plat, subdivision or dedication, and listing all encumbrances. The = w certificate must be dated within 45 calendar days prior to the date of City Council approval of z the final plat. F- o Z �- w (5) Private covenants intended to be recorded with the plat. 0 U� ON (6) Any documentation necessary to demonstrate conditions of preliminary plat approval o '- have have been met. i w u. o (7) King County Assessor's maps which shows the location of each property within 500 feet z of the subdivision; Two sets of mailing labels for all property owners and tenants (residents or v cn businesses) within 500 feet of the subdivision. p: O z (8) Maintenance agreements, easements and other documents ready for recording. (9) Signatures on the following certificates on the face of the plat (when appropriate) from the surveyor that prepared the plat, the King County Treasurer, Seattle -King County Health Department, City of Tukwila Finance Director, Owners affidavit and certificate of dedication as identified in TMC 17.04.060(1). (b) Final Plat Review Procedures: Applications for final plat approval shall be processed as Type 5 decision subject to the provisions of TMC 18.108.050. (1) Referral to other departments and agencies - The Department of Community Development shall distribute the final plat to all departments and agencies receiving the pre- liminary plat, and to any other departments, special purpose districts and other governmental agencies deemed necessary. Planning Commission -January 23, 1997 15 (2) Departmental approval 'le Public Works Department and other interested departments and agencies shall review the final plat and submit to the Department of Community Development written comments with respect to the final plat decision criteria. If the final plat is in order, the Public Works Director shall sign the appropriate certificates on the mylar original. (3) Filing final plat — Before the final plat is submitted to the City Council, it shall be signed by the City Treasurer (Finance Director), Director of Public Works, and the Director of the Department of Community Development. Upon approval by the City Council, it shall be signed by the Mayor and attested by the City Clerk. The applicant shall file the final plat with the Department of Records and Elections. The plat will be considered complete when a copy of the recorded documents is returned to the Department of Community Development. (c) Criteria for Final Plat Approval - In approving the final plat, the City Council shall find: (1) That the proposed final plat bears the required certificates and statements of approval. (2) That a title insurance report furnished by the subdivider confirms the title of the land, and the proposed subdivision is vested in the name of the owner(s) whose signature(s) appears on the plat certificate. (3) That the facilities and improvements required to be provided by the subdivider have been completed or, alternatively, that the subdivider has submitted with the proposed final plat a performance bond or other security in conformance with TMC 17.24.030. (4) That the plat is technically correct and accurate as certified by the land surveyor responsible for the plat. (5) That the plat is in conformance with the approved preliminary plat. (6) That the plat meets the requirements of Chapter 58.17 RCW, other applicable state and local laws which were in effect at the time of preliminary plat approval. 17.14.040 Phasing The subdivider may develop and record the subdivision in phases. Any phasing proposal shall be submitted for City Council review at the time at which a final plat for the first phase is submitted. Approval of the phasing plan shall be based upon making the following findings: (a) The phasing plan includes all land contained within the approved preliminary plat, including areas where off-site improvements are being made. (b) The sequence and timing of development is identified on a map. Planning Commission - January 23, 1997 16 ....��—,.... .._..—__..,.,.wumrtrxt'...^"f'd"S`'r'p}R•r.-�h.P;pw,iei',.Lfi,:.a�rYr.nfz'ifcvr,.:rrx:�+.,..: �... .., , .. .. ,,.,. .. ..,,. (c) Each phase shall meet all pertinent development standards on its own. The phase cannot rely on future phases for meeting any City codes. (d) Each phase provides adequate circulation and utilities. Public Works has determined that all z street and other public improvements, including but not limited to drainage and erosion control 1 - improvements are assured. ILI D (e) All phases shall be recorded within the five year life of the preliminary plat, unless an 0 extension is granted. co 0 • I 17.14.050 Expiration Period J I1 w 0 The subdivision shall expire unless a complete application for final plat approval is submitted within five years from the date of preliminary plat approval. The City Council may approve one a LL. extension not to exceed one year. Up. = d I--LU z1 Chapter 17.16 f- O z 1— DETAILED PROCEDURES FOR BINDING SITE IMPROVEMENT PLAN (BSIP) D • o U O N Sections: o uj 17.16.010 Purpose. = 0 17.16.020 Scope. 1— 17.16.030 Preliminary Binding Site Improvement Plan Approval. z 17.16.040 Final approval of plan. v 17.16.050 Improvements. 0 H 17.16.060 Revision of plan. z 17.16.010 Purpose. This chapter is established to accommodate the division of land for the purpose of sale or lease of property within an integrated commercial or industrial center, which allows certain zoning standards (minimum parking, setbacks, landscaping, lot area and lot dimension) on the individual Tots to be modified provided the standards for the entire center are met. 17.16.020 Scope. A binding site improvement plan application may be submitted for a project located on any land zoned commercial or industrial, which is being divided for the purpose of sale or lease consistent with the terms of this chapter. Planning Commission - January 23, 1997 fir 17 �1 17.16.030 Preliminary Binding Site Improvement Plan Approval. (a) Application/Fees - The following items are required, in quantities specified by DCD, for a complete Binding Site Improvement Plan application. Items may be waived if in the judgment of the Short Subdivision Committee said items are not applicable to the particular proposal: z (1) Completed Binding Site Improvement Plan Application Form as prescribed by the DCD re w Director with fee. 6 j (2) Completed Application Checklist. N o J cn (3) A complete SEPA Checklist application if project is not exempt from SEPA. H rn • O (4) Complete applications for other required land use approvals. � j(5) A vicinity map showing location of the site. N a = (6) A survey prepared to the standards as specified in TMC Section 17.04.060. 1 --Au 0 (7) Site and development plans which provide the following information. The plans shall be w w neat and accurate on a decimal scale sufficient in size and detail to demonstrate the BSIP U meets the ordinance requirements. on sheets 18" x 24" or larger: 0 D- O I— wW u--0 wz U - R. _ O H (A) (B) (C) (D) (E) (F) (G) (H) (1) (J) (K) (L) (M) (N) The owners of adjacent land and the names of any adjacent subdivisions. Lines marking the boundaries of the existing lot(s) (any existing lot to be eliminated should be a dashed line and so noted). Locations of existing and proposed public street rights-of-way and private access easements. Location, floor area and setbacks of all existing structures on the site. Lot area, lot line dimensions and average widths for each lot. Location of proposed new property lines and numbering of each lot. Location, dimension and purpose of existing and proposed easements. Provide recorded documents which identify the nature and extent of existing easements. Location of any proposed dedications. Existing and proposed topography at two foot contour intervals. Location of any sensitive areas and sensitive area buffers (slopes 20% or greater, wetlands or watercourses) on the site. Location, size and species of any trees located within a sensitive area or its' buffer. Location of existing and/or proposed fire hydrants to serve the project. Description, location and size of existing and proposed utilities, storm drainage facilities and roads to serve the lots. Expected location of new buildings and driveways, including finished floor elevations of the buildings. Planning Commission - January 23, 1997 18 z (8) Letter of water and sewer availability if the provider is other than the City of Tukwila. (9) Parking Calculations to demonstrate that the requirements of Chapter 18.56 have been met. (10) Proposed cross easement and maintenance agreement for shared parking, circulation, utility and landscaping improvements. (11) Legal descriptions of the all tracts located within the boundaries of the short plat. (12) Items contained in Section 18.104.060 TMC not already listed above. (b) Review procedures. An application for binding site improvement plan shall be reviewed and acted upon in the same manner prescribed in Section 17.12.020 for short subdivision. (c) Approval Criteria (1) Prior to approval of any binding site improvement plan, the Short Subdivision Committee shall insure that the following improvements are provided to sufficiently service the anticipated uses throughout the proposed plan and the decision criteria that follow are met: (i) Adequate water supply. (ii) Adequate sewage disposal. (iii) Appropriate storm drainage improvements. (iv) Adequate fire hydrants. (v) Appropriate access to all anticipated uses within the plan. (vi) Provision for all appropriate deed, dedication, and/or easements. (vii) Monumentation of all exterior tract corners. (2) The site is zoned commercial or industrial and meets the definition of an integrated site. (3) Appropriate easements and maintenance agreements for shared facilities, including but not limited to, circulation, parking, utilities and landscaping, have been provided. (4) When taken as a whole, and not considering any interior lot lines, the integrated site meets all the zoning and subdivision requirements. (5) Modifications to the minimum zoning standards for individual lots located within the integrated site, including setbacks, parking, landscaping, lot area and lot dimension are not detrimental to the public health, safety and welfare, do not adversely affect the rest of the integrated site or other properties in the vicinity. Planning Commission - January 23, 1997 19 (6) Common improvements necessary to serve any particular phase of development must be sufficient for meeting the zoning and subdivision requirements for that phase. (7) Access to the integrated site meets the subdivision ordinance standards. Access within the site provides for safe and efficient circulation and meets Fire Department access Q requirements. z cew (8) The circulation system incorporates appropriate provisions for safe pedestrian activity to 6 the site from the street and from building to building within the site. o No (9) The sign regulations shall be applied to the integrated site as a whole. For example, the w = number of freestanding signs allowed is based on one site within the BSIP. Individual c LL ownership's within the integrated site are not considered to be separate sites in determining w o the number of freestanding signs allowed. J (10) The yard requirements of the Uniform Building Code are met. N d w 17.16.040 Final Approval of plan. Z = F- O (a) Prior to the plan being granted final approval, a survey, prepared by a licensed surveyor to UJ w the standards contained in TMC 17.04.060, shall be submitted to the Short Subdivision Committee with the final plan. The survey and plan shall be consistent with the preliminary 0 approval. o '. wW (b) Once the Short Subdivision Committee determines the survey, plan and other documents ~ r u.0 for recording are consistent with the preliminary approval, it will be certified for filing by the Chair Z of the Short Subdivision Committee. vco 0t- (c) After being certified for filing by the Short Subdivision Committee, binding site z improvement plans and survey shall be filed by the applicant with the King County Department of Records and Elections, and a copy of the recorded documents shall be returned to the Department of Community Development prior to issuance of any building permits for construction within the site. The applicant shall pay all costs associated with this filing. 17.16.050 Improvements. Prior to the issuance of a building permit for construction within a binding site improvement plan, all improvements required to adequately service that portion of the plan for which the building permit will be issued shall be installed or bonded in accordance with Section 17.24.030 TMC. 17.16.060 Revision of plan. Alteration of an approved and recorded binding site improve, it plan shall be accomplished by application to the Short Subdivision Committee as set forth in Section 17.16.030, and shall be subject to all procedures and requirements established in this chapter. Planning Commission - January 23, 1997 :4;nywyy9AY}!(�, (v(Y!. VY,CYC4 } 20 .QLF�4'i1r�nn�G''.{i�4vf!f^�R X4'�r��un•Fb lx^c-.b,•v1a,V�:St,o-;V^.1.1*.,•a�Ylro-gJYlv+newrolyd- f-Ya'�'•,�M•,p4,,•,,•,•:rnum%xArsur.. Chapter 17.20 DESIGN AND IMPROVEMENT STANDARDS FOR THE SUBDIVISION OF LAND Sections: z 17.20.010 Applicability. 1 1- 17.20.020 Improvements, Supervision, Inspections and Permits Required. 1.- W 17.20.030 General Standards. owL JU U 17.20.010 Applicability. N 0 u) LLIJ � = The standards contained in this chapter are to be used as the basic standards for addressing the approval criteria for subdivisions, short plats, boundary line adjustments and binding site w0 improvement plans. The decision making entity may require additional standards be met if it is N determined necessary to meet the approval criteria for a particular application. u)a 17.20.020 Improvements, Supervision, Inspections and Permits Required H w z= (a) Required improvements — Every subdivider may be required to grade and pave streets 1- O and alleys, install curbs and gutters, sidewalks, monuments, sanitary and storm sewers, water w w mains, fire hydrants, street lights and name signs, together with all appurtenances in accordance > 0 with specifications and standards of this code, approved by the Public Works Department, and in oo D accordance with other standards of the City. o F- wW =U (b) Supervision and inspection — A licensed engineer or engineering firm, acceptable to the Department of Public Works, shall be responsible for the supervision and inspection of all — z z subdivision improvements. All improvements shall be certified in writing as completed in v 0 accordance with plans and specifications as approved by the Department of Public Works. P I z (c) Permits — Prior to proceeding with any subdivision improvements, the subdivider shall obtain those permits from the City as are necessary. The subdivider is also responsible for complying with all applicable permit requirements of other Federal, State and local agencies. 17.20.030 General Standards. (a) Environmental Considerations. (1) Land which contains a sensitive area or its buffer as defined in Title 18, or is subject to the flood zone control ordinance as defined in Chapter 16.52, shall be platted to reflect the standards and requirements of the sensitive areas overlay zone, Chapter 18.45, the planned residential development overlay if required pursuant to Chapter 18.46 and/or the flood zone control ordinance, Chapter 16.52. Planning Commission - January 23, 1997 21 e'YF![-'l:y!i'�f.f,Cffi+'?'!C.14?r�+:'*IRSY?"1').;K'7.'Y,�ry#!CE•L'l��Jf7'.M.! (2) Trees: In addition to meeting the requirements of the tree ordinance (ch. 18.54), every reasonable effort shall be made to preserve existing trees and vegetation, and integrate them into the subdivision's design. (b) Compatibility with existing land use and plans. (1) Buffer between uses: Where single-family residential subdivisions are to be adjacent to multiple -family, commercial or industrial land use districts, and where natural separation does not exist, adequate landscape buffer strips and/or solid fences for screening shall be pro- vided. (2) Conformity with existing plans: The location of all streets shall conform to any adopted plans for streets in the City. If a subdivision is located in the area of an officially designated trail, provisions may be made for reservation of the right-of-way or for easements to the City for trail purposes. The proposed subdivision shall respond to and complement City ordinances, resolutions, and comprehensive plans. (3) Consideration should be given to enhancing pedestrian access to shoreline areas. This may include providing or upgrading direct access to the shoreline or providing or upgrading access to a recognized cross connection which links the shoreline with upland parks and public areas. (4) Other City Regulations: All subdivisions shall comply with all adopted City regulations. In the event of a conflict, the more restrictive regulation shall apply. (c) Streets. (1) Extension: Proposed street systems shall extend existing streets at the same or greater width, unless otherwise approved by the Department of Public Works and authorized by the City Council in approval of the plat. Where appropriate, streets shall be extended to the boundaries of the plat to ensure access to neighboring properties. The City's goal is to have an integrated system of local streets rather than a system of cul-de-sacs. Grading of steep topography may be necessary to achieve this objective. However, in sensitive areas, the layout and construction of streets shall follow the standards and procedures of the sensitive areas overlay zone. (2) Names: All proposed street names or numbers shall be subject to approval by the Department of Community Development. (3) Intersections: Any intersection of public streets, whatever the classification, shall be at right angles as nearly as possible and not be offset insofar as practical. Planning Commission - January 23, 1997 ... ......swvntetan�22m''rSrKcnfJ"4"2vY1'ya`nrtCP.t.Y+!�,4a.�Yfi7'"•' ]"'�iri'".t}u,`r�1fi �..t�'w;;Y?4w+:7�mffpW7'i 22 (4) Street Layout: Street layout shall provide for the most advantageous development of the subdivision, adjoining areas, and the entire neighborhood. Evaluation of street layout shall take into consideration potential circulation solutions. While it is important to minimize the impact to the topography from creating an integrated road system, improved site development and circulation solutions shall not be sacrificed to minimize the amount of cut and fill requirements of the proposal. Where sensitive areas are impacted, the standards and procedures for rights-of-way in the sensitive areas overlay zone shall be followed. (5) Private access roads may be authorized if: (A) Allowing private access roads in the area being subdivided will not adversely affect future circulation in neighboring parcels of property; and (B) Adequate and reasonable provisions are made for the future maintenance and repair of the proposed private access roads; and (C) The proposed private access roads can accommodate potential full (future) development on the Tots created; and (D) For residential subdivisions, the proposed private access roads do not serve more than four lots nor are more than 200 feet in length. Those access roads 150 feet or greater in length shall have a turn around built to Fire Department standards. (E) For commercial and industrial subdivisions, when private access roads are authorized, there shall be a minimum easement width of 40 feet. With the exception of minimum easement widths, private access roads shall be designed and constructed in accordance with the Department of Public Works standards, and zoning setbacks shall be required as though the easement were a public right-of-way. (6) Public Roads. (A) Right-of-way and paving widths for public roads shall be based on the table below. The minimum paving and right-of-way width shall be used unless the City Engineer demonstrates a wider width is needed due to site circumstances, including but not limited to topography, traffic volume, street patterns, on -street parking, lot patterns, land use and bike and transit facilities, that justify an increase in width. Planning Commission - January 23, 1997 23 . rimem '1t'R £C?.t'+ZMMSIVIAr' ''r..q�i4-!Y4'i i45s.'• i°n-' ?'#.' MtgitleVAN s. 5 Type of Street Right -of -Way Roadway Pavement Principal Arterial 80 - 100 feet 48 - 84 feet Minor Arterial 60 - 80 feet 36 - 64 feet Collector Arterial 60 - 80 feet 24 - 48 feet Access Road 50 - 60 feet 28 - 36 feet Cul -De -Sac Roadway 40 feet 26 feet Turnaround 80 feet (diameter) 60 feet (diameter) _ Alley 20 feet 15 feet Private Access Roads 20 feet 20 feet (B) Design: The design and alignment of all public streets shall conform to the following standards unless otherwise approved by the Department of Public Works: (i) Cul-de-sacs — Cul-de-sacs are not allowed unless there is no reasonable alternative or the cul-de-sac is shown on an officially adopted street plan. When allowed, they shall not exceed a length of 600 feet. (ii) Street grades — Street grades shall not exceed 15%. However, provided there are no vehicular access points, grades may be allowed up to 18%, for not more than 200 feet when: • Exceeding the grades would facilitate a through street and connection with the larger neighborhood; • The greater grade would minimize disturbance of sensitive slopes; • The Fire Marshal grants approval of the grade transition; and • Tangents, horizontal curves, vertical curves, and right-of-way improvements conform to Department of Public Works standards. (C) Full width improvement: When interior to a subdivision or a short plat of five or more lots, all publicly owned streets shall be designed and installed to full width improvement as provided below: (i) Shall be graded as necessary to conform to Department of Public Works standards. (ii) Shall be of asphaltic concrete according to Department of Public Works standards. (iii) Shall have permanent concrete curbs and gutters according to Department of Public Works standards. Planning Commission - January 23, 1997 24 M9Trtt.iM3:"o::lvY..tlY�[tn.x (iv) Shall have storm drains consisting of the proper size pipe and catch basins; sizes to be approved by the Department of Public Works prior to the public hearing for the preliminary plat. (v) Shall have sidewalks provided at a minimum width as specified in TMC Chapter 11.18. (D) Half width improvement: Streets abutting the perimeter of a subdivision or a short plat of five or more lots shall provide the full improvements on the half of the street adjacent to the site, provided additional paving may be required to ensure safe and efficient roads to exist to serve the subdivision: provided further that there are no physical obstructions to completing the other half of the roadway; and that there is a minimum of 20 feet of paving. (d) Utilities: All utilities designed to serve the subdivision shall be placed underground and, if located within a sensitive area, shall be designed to meet the standards of the sensitive areas overlay zone. Those utilities to be located beneath paved surfaces shall be installed, including all service connections, as approved by the Department of Public Works; such installation shall be completed and approved prior to Jpplication of any surface materials. Easements may be required for the maintenance and operation of utilities as specified by the Public Works Department. (1) Sanitary sewers — Sanitary sewers shall be provided to each lot at no cost to the City and designed in accordance with City standards. Septic systems may be installed when approved by the Seattle -King County Department of Public Health and the existing sewer system will not be available to the lot within the life the preliminary approval. (2) Storm drainage — The storm drainage collection system shall meet the requirements of the City's stormwater ordinance standards. (3) Water system — Each lot within a proposed subdivision shall be served by water by a water distribution system designed and installed in accordance with City standards. Locations of fire hydrants and flow rates shall be in accordance with City standards and the Uniform Fire Code. (e) Blocks: (1) Length — Residential blocks should not be less than 300 feet nor more than 1,000 feet in length, (600 - 2,000 feet for commercial and industrial areas). Where circumstances warrant for the purpose of implementing the Comprehensive Plan, the Planning Commission may require one or more public pathways of not Tess than six feet nor more than 15 feet in width, either by dedication or easement, to extend entirely across the width of the block to connect public rights-of-way. (2) Width — Blocks shall be wide enough to allow two tiers of lots, except where abutting a major street or prevented by topographical conditions or size of the property, in which case the Planning Commission may approve a single tier. Planning Commission - January 23, 1997 25 000360.0.xliryiTu?cSheatter EM4,44S1.1.1Afi.+Sit,10,MW4i:}nm'r ?TCfim}XEY1P...roa::bter,kW.yan (3) Pedestrian Considerations - Blocks, roads and pedestrian improvements shall be designed to provide a safe, convenient and pleasant pedestrian network. (f) Lots: (1) Arrangement — Insofar as practical, side lot lines shall be at right angles to street lines or radial to curved street lines. Each lot must have access to a public street that is approved at the time of plat review: however, rather than designing flag Tots, access shall be accomplished with common drive easements. (2) Lot design — The lot area, width, shape, and orientation shall be appropriate for the location of the subdivision, for the type of development and land use contemplated, and shall conform with the requirements of the Zoning Ordinance. (3) Corner lots — Corner lots may be required to be platted with additional width to allow for the additional side yard requirements. (g) Landscaping: (1) Each lot within a new subdivision or short plat of five lots or greater shall be landscaped with at least one tree in the front yard to create a uniform streetscape. (2) Landscaping shall conform with Public Work standards. (h) Street signs — The subdivider shall be responsible for the initial cost of any street name or number signs, or street markings, including installation thereof, that Public Works finds necessary for the subdivision as required by the Department of Public Works. (i) Lighting - Street lighting shall conform to the Department of Public Works standards unless the City Council requires alternative fixtures, poles, and/or spacing to contribute to an overall design concept of the subdivision. (j) Monumentation (1) Imprinted Monument: All monuments set in subdivisions shall be at least one-half (1/2) inch x twenty-four (24)- inch steel bar or rod, or equivalent, with durable cap imprinted with the license number of the land surveyor setting the monument. (2) Centerline Monument: After paving, except as provided in subsection (5) below, monuments shall be driven flush with the finished road surface at the following intersections: (A) Street centerline intersections. Planning Commission - January 23, 1997 26 .r... ww+OtCMAoVMM•MYL l.ft01+f!WC17K%X!!Y1'+`•l1i' ,01!,W,Y XR(11Mt(:!tt'JM:4�'.^'.•?7'•iEi•CV'•^s.iJ,taL^wS.K•IYfA•;v5M�2•��SMRY1wr!U .74-4,,,,'!Nr,s ytN.rtYPI, ,,,,V,,fr.A aNW.X.0 1,4,1)Ma.rpt!9Sy!`OM1?tatUr .Mw;PurS1i...^ 14 (B) Points of intersection of curves if placement falls within the paved area; otherwise, at the beginnings and endings of curves. (C) Intersections of the plat boundaries and street center lines. (3) Property Line Monumentation: All front corners, rear corners, and beginnings and endings of curbs shall be set with monuments, except as provided in subsection five below. In cases where street curbs are concentric and/or parallel with front right-of-way lines, front property -line monumentation may be provided by brass screws or concrete nails at the intersections of curb lines and the projections of side property lines. If curb monumentation is used, it shall be noted on the plat, and also that such monumentation is good for projection of line only and not for distance. (4) Postmonumentation: All monuments for exterior boundaries of the subdivision shall be set and referenced on the plat prior to plat recording. Interior monuments need not be set prior to recording if the developer certifies that the interior monuments shall be set within ninety (90) days of final subdivision construction inspection by the Department of Public Works, and if the developer guarantees such interior monumentation. (5) Postmonumentation Bonds: In lieu of setting interior monuments prior to final plat recording as provided in subsection (3) above, the Public Works Director may accept a bond in an amount and with surety and conditions satisfactory to the Director, or other secure method as the Public Works Director may require, providing for and securing the actual setting of the interior monuments. Chapter 17.24 PROCEDURES FOR PUBLIC IMPROVEMENTS Sections: 17.24.010 Plans and Permits Required for Public Improvements 17.24.020 Process for Installing Public Improvements 17.24.030 Improvement Agreements and Financial Guarantees Section 17.24.010 Plans and Permits Required for Public Improvements Approval of a preliminary plat, short plat, binding site improvement plan or boundary line adjustment shall constitute approval for the applicant to develop construction plans and specifications, for all facilities and improvements, in substantial conformance to the preliminary approval, design standards, and any special conditions required by the City Council; to obtain permits and complete installation for said improvements; and to prepare a final plat, plans, surveys and other documents for recording. Planning Commission - January 23, 1997 27 Prior to installing improvements, the developer shall apply for all required permits for those improvements. The applications shall include development plans as specified on the application form. Section 17.24.020 Process for Installing Public Improvements. z i 1 - Improvements installed by the developer of the subdivision or short plat, either as a requirement Ce w or of the subdividers own option, shall conform to the requirements of this title and improvement 6 D standards, specifications, inspections and procedures as set forth by the Department of Public 00 Works, and shall be installed in accordance with the following procedures: 0 0 J (a) Work shall not be commenced until plans have been checked for adequacy and approved by 1._ u)u. Public Works to the extent necessary for the evaluation of the subdivision or short plat proposal. w 0 The plans may be required before approval of the final plat. Plans shall be prepared in 2 accordance with the requirements of the City. a =w (b) Work shall not commence until Public Works has been notified in advance and if work has w been discontinued for any reason, it shall not be resumed until Public Works has been notified. z E- I- O Z I - (c) Public improvements shall be constructed under the inspection and to the satisfaction of the Lli Ill Director of Public Works. The City may require changes in typical sections and details if unusual D o D- o conditions arise during construction to warrant the change. O 01— (d) All underground utilities, sanitary sewers and storm drains installed in the streets by the in i W developer of the subdivision or short plat shall be constructed prior to the surfacing of streets.I' u. O Stubs for service connections and underground utilities and sanitary sewers shall be placed to a z length precluding the necessity for disturbing the street improvements when surface connections 0 co are made. F O z (e) Plans showing all improvements as built shall be filed with the City upon completion of the improvements. 17.24.030 Improvement Agreements and Financial Guarantees. (a) Before any final subdivision, short plat, binding site improvement plan or boundary line adjustment is finally approved the subdivider shall install required improvements and replace or repair any such improvements which are damaged in the development of the subdivision. In lieu of installation of all required improvements, the subdivider may execute and file with the city an agreement guaranteeing completion of such improvements together with any needed replacement or repair. The agreement shall: (1) Specify the period of time within which all work required shall be completed. The time for completion shall not exceed one year from the date of final approval of the subdivision. The agreement may provide for reasonable extensions of time for completion of work. Extensions Planning Commission - January 23, 1997 28 't.nY:"f:t'l4'M.:.4.,tY.y.';!.yT'tit:^.`h.•�.Yc.i.....:f'.:n: S":t""'i: •sv 1 • must be requested, approved by the City Council, and properly secured in advance of the required initial completion date. (2) Require notice by the subdivider to the Public Works Director promptly upon completion of all required improvements. z (3) Provide for notice of approval or disapproval by the Public Works Director of the w improvement within a reasonable time after receiving notice of completion. 6 JU (4) Require financial security to be provided by the subdivider pursuant to subsection "c" coo below. w = E.. - W (5) Provide that if the subdivider fails to complete all required work within the period specified, W o the City may take steps to demand performance of the developer's obligation within a reasonable time not to exceed ninety days from the date of demand. a co (6) Provide that if the required improvements are not completed within that time, the City may = w �-_ take action to require the subdivider forfeit the financial security. z (7) Provide that the City shall be entitled to recover all costs of such action including w !- reasonable attorney's fees. v o (8) Provide that following recovery of the proceeds of the financial security, those proceeds o !- shall be used to complete the required improvements and pay the costs incurred. W X LI-. 0(9) 9) Provide that should the proceeds of the financial security be insufficient for completion of z the work and payment of the costs, the City shall be entitled to recover the deficiency from v cn the subdivider. H 1- 0 z (b) Regardless of whether all required improvements are completed prior to final approval of any subdivision of land, as a condition of such approval the subdivider shall execute an agreement to assure successful operation of said improvements. The agreement shall: (1) Require the subdivider to post a bond or other financial security to secure successful operation of all required improvements and full performance of the developer's maintenance obligation. Such financial security shall be effective for a two-year period following approval of installation of all required improvements. (2) Require the subdivider to perform maintenance functions on drainage improvements for a period of time not to exceed two years from approval of their completion or final plat approval, whichever is later. Such maintenance functions shall be specified by the Public Works Director and shall be reasonably related to the burdens which the subdivision will impose on drainage facilities during the time maintenance is required. The City Council may agree to accept and perform maintenance of the improvements, in which case the subdivider's obligation to perform maintenance functions shall terminate. Planning Commission - January 23, 1997 ?9 (3) Not relieve the subdivider of liability for the defective condition of any required improvements discovered following the effective term of the security given. (4) Provide a waiver by the subdivider of all claims for damages against any governmental z authority which may occur to the adjacent land as a result of construction, drainage and maintenance of the streets and other improvements.CL w (c) To assure full performance of the agreements required herein, the subdivider shall provide o one or more of the following in a form approved by the City Attorney: u) o ww J (1) A surety bond executed by a surety company authorized to transact business in the State N of Washington. o ?- (2) An irrevocable letter of credit from a financial institution stating that the money is held for g the purpose of development of the stated project. a =w (3) An assignment of account with a financial institution which holds the money in an account z until such time the City signs a written release. The assignment of account will allow the City O to withdraw the funds in the event the provisions of the agreement are not met. w w (4) A cash deposit made with the City of Tukwila. o off (d) Amount of financial security: The financial security provided shall be 150% of the estimated w w H U' cost of the improvements to be completed and all related engineering and incidental expenses, w p: final survey monumentation and preparation of reproducible mylar or electronic records in a. z o format approved by Public Works and meeting current Public Works drawing standards of the "as- cn built" improvements. The subdivider shall provide an estimate of these costs for acceptance by o the Public Works Director. z (e) Defective work: The acceptance of improvements by the City shall not prevent the City from making a claim against the developer for any defective work if such is discovered within two years after the date of completion of the work. Chapter 17.32 EXCEPTIONS, PENALTIES, SEVERABILITY, LIABILITY Sections: 17.32.010 Exceptions.. 17.32.020 Penalties. 17.32.030 City not liable. 17.32.040 Severability. Planning Commission - January 23, 1997 30 %i. itINMItVp.7 '' `'2+.0 (tips ',oimtwtv3Vv tN.rguvnt�F, oVe01 ,N.,•«Rtt,:;tt i'k,t;+*�•+m4wstA`Fax+4t ,vY'+tiw�yyimr, y PAPwsge, pa:44,eme=frre4warnu ottary .ovrwraa,+r�,: 17.32.010 Exceptions. (a) Exception Criteria: Exceptions from the requirements of this code may be granted when undue hardship may be created as a result of strict compliance with the provisions of this code. z Any authorization for exception may prescribe conditions deemed necessary or desirable for the = • public interest. An exception shall not be granted unless:o UO u)0 LU LU w • O LQ =• a I -w zF- (b) Procedures: An application for any exception from this code shall be submitted in writing by z 0 the subdivider, as part of the application for short subdivision, binding site improvement plan, or w w preliminary plat. Such application shall fully state all substantiating facts and evidence pertinent to 0 the request. o N 1— (1) Short subdivision — A short subdivision or binding site improvement plan exception shall= 0 be reviewed by the Short Subdivision Committee in conjunction with review of the short ~ . LO subdivision or binding site improvement plan application. The decision of the Short z Subdivision Committee shall be final and conclusive unless appealed in accordance with the v appeal procedure for Type 2 decisions set forth in TMC 18.108.020. 0 I (1) There are special physical circumstances or conditions affecting said property, such that the strict application of the provisions of this code would deprive the applicant of the reasonable use or development of his land; and (2) The exception is necessary to insure such property rights and privileges as are enjoyed by other properties in the vicinity and under similar circumstances; and (3) The granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity. (2) Preliminary plat — A preliminary plat exception shall be considered by the City Council at the same time the public hearing is conducted for the preliminary plat. The decision of the City Council shall be final and conclusive. 17.32.020 Penalties. Any violation of any provision, or failure to comply with any of the requirements of this chapter, shall be subject to the terms and conditions of Chapter 8.45. 17.32.030 City not liable. This code shall not be construed to relieve from or lessen the responsibility of any person owning any land or building, constructing or modifying any subdivisions in the City for damages to anyone injured or damaged either in person or property by any defect therein; nor shall the City or any agent thereof be held as assuming such liability by reason of any preliminary or final approval or by issuance of any permits or certificates authorized herein. Planning Commission - January 23, 1997 31 EtL:%1."?"S"iMl.yrr.., 17.32.040 Severability. If any section, subsection, clause or phrase of this code is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. Planning Commission - January 23, 1997 32 qIMMPOWaVIenWAM.PAMMt+nlFmk±nP AFFIDAVITOF DISTRIBUTION Notice of Public Hearing fl Notice of Public Meeting 0 Board of Packet 0 Board of Packet Adjustment Agenda Appeals Agenda hereby declare that: 0 Determination of Non- significance fl Mitigated Determination of Nonsignificance O Determination of Significance and Scoping Notice 0 Notice of Action O Planning Commission Agenda D Official Notice Packet o Short Subdivision Agenda 0 Other Packet O Notice of Application for D Other Shoreline Management Permit 0 Shoreline Management Permit was to each of the following addresses on 1/VI pb, �Yv�,�,�;�,.�;e�__ per- tlrufrki �,�.,.:.-�-t„e� V-r„,i7tet Name -of Project File Number, Lcl 1 'e';,:15.c a,17wrftg ;3:4',44:lFS#::'.,`i �.k.`i ii.'4�i�!'i'�"4:%e�a''° aF.tii., itas`i A _k. S ignature 4,i a kft :{d wl SAL k. " �l f3 # ai k nsi iSCu'S 1Yy1,9Tf3%.'. b ili.6;arios'A'..ix7. • z = ~ w �QQ2 JU 000 CD = w w0 LLcoQ is �w z� �--0 zi- w w O Q 0— Q E- w uJ w z ui U= O ~ z PUBLIC NOTICE City of Tukwila Notice is hereby given that the City of Tukwila Planning Commission and Board of Architectural Review will be holding a public hearing at 7:00 p.m., on January 23,1997; in the City Hall Council Chambers located at 6200 Southcenter Blvd. to discuss the following: BOARD OF ARCHITECTURAL REVIEW PUBLIC HEARING (OLD BUSINESS) w ce CASE NUMBER: L96-0010: Econolodge APPLICANT: Johnny Chengco v o REQUEST:Design review approval of revised design for 38 unit hotel. w z LOCATION: 4006 S. 139th, Tukwila. cn w 0 PLANNING COMMISSION PUBLIC HEARING 2 u..Q CASE NUMBER: L96-0072 N APPLICANT:City of Tukwila = a REQUEST: Update of Subdivision Ordinance. z LOCATION: City Wide. z 0 z i - CASE NUMBER: L96-0064 2 U � N APPLICANT: City of Tukwila REQUEST: Revisions to TMC 18.56, Off -Street Parking and Loading w requirements. w • w LOCATION: City Wide. H uO CASE NUMBER: ' L96=0061: GTEw z APPLICANT: Paul Ingraham v t=om REQUEST: Conditional Use Permit approval to place a cellular antennae on the z Doubletree Suites Hotel rooftop. LOCATION: 16500 Southcenter Pkwy, Tukwila. BOARD OF ARCHITECTURAL REVIEW PUBLIC HEARING (NEW BUSINESS) CASE NUMBER: L96-0063: Chevron APPLICANT: Chevron/Lakha Investments Co. REQUEST: Design review approval of a 4 -bay gas station and 2,200 square foot convenience store. LOCATION: Pacific Hwy S at the corner of South 146th Street, Tukwila. Persons wishing to comment on the above cases may do so by written statement, or by appearing at the public hearing. Information on the above cases may be obtained at the Tukwila Planning Division at 431-3670. The City encourages you to notify your neighbors and other persons you believe would be affected by the above items. Published: Distribution: Seattle Times January 10, 1997 Mayor, City Clerk, Property Owners/Applicants, Adjacent Property Owners, File. rx0441..44tiekbrx,: City of Tukwila John W. Rants, Mayor Department of Community Development Steve Lancaster, Director ........................ ......................... ........................ ....................... January 2, 1997 Interested Parties: The City of Tukwila Planning Commission will be conducting a public hearing on January 23, 1997, at 7:00 P.M. in the City Council Chambers to consider your comments on the proposed amendments to the City's subdivision ordinance. The nineteen year old ordinance is being updated to implement the Comprehensive Plan and update the standards and procedures for subdivision of land. Some of the more significant changes in the update include: • Increasing the threshold for short plats from four lots to nine. • Streamlining the boundary line adjustment review process. • Eliminating the requirement for Planned Residential Developments on short plats. • Adding flexibility to zoning requirements through Binding Site Improvement Plans. • Specifying requirements for complete applications and surveys. If you have any questions you may call me at 431-3663. ce el ohn Ji Asso erson ate Planner omp[e e.drait crrdln n e is available tit heiiDepa .veto me e uthcenter Bouleve ..:..........::..:..::..:.::....................:........... 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 y' . w ▪ i s%i:s'�y t7r, sc�iah74°�ti�Y COUl ..IL CORNER by Pam Carter, Council President As 1996 drew to a close, your City Council was busy winding up business. > In response to the majority vote on November's advisory ballot, an ordinance was passed in December to totally ban the sale and the discharge of fireworks in Tukwila. (Due to state regulations, the sale of fireworks will not be illegal until 1998.) > The City's 1997 budget was adopted ensuring the best City services we can provide (especially with regard to public safety), while maintaining and improving our streets, parks, golf course and utilities. > Animal control regulations were tightened up, including requiring owners to control their pets, and adding a "pooper scooper" requirement. > Business licensing regulations were changed to allow the license suspension of those businesses which willfully violate City ordinances, helping us curb illegal activities. > A teen curfew was approved and is in effect, setting limits on the hours teens can be out without a specific purpose and permission to be out. > With Highway 99 as a major focus, the Council: • authorized the purchase and installation of cameras on the highway to monitor and deter crime. • approved hiring additional police officers to exclusively patrol this area. • worked with the Planning Commission developing new standards for the highway such as number of street 1996 brought flurries of legislation, too lanes, parking, and design requirements for new devel- opments. > Enterprise Development Zones were established to en- courage property redevelopment on Highway 99 and elsewhere. >- Illegal activity occurring in an adult entertainment club brought about a new ordinance to regulate those activities which were leading to the criminal acts. It is this law which the adult entertainment industry is campaigning to over- turn through a referendum process. > In the area of land use, major revisions include the proce- dures for permit applications, public notice, hearings and appeals; these changes comply with new state laws, stream- line the processes, and promote public participation. 1996 capital improvements enhancing Tukwila's residential quality of life include water lines in Ryan Hill, the beginning of sewer and new water lines in Allentown, a new community center and fire station, and several street improvements. Work continued on 42nd Avenue S:, and 32nd Avenue S. was improved. Sidewalks and street trees are being added in the central business district, and the Interurban Trail was ex- tended from I-405 north to meet the Green River Trail. East Marginal Way is also currently being improved. And finally, the Council would like to thank all those citizens, both residents and businesses, who are working to make Tukwila an even better city. Planning Commission examines parking, subdivision regulations Tukwila is re- vising its off-street parking and loading requirements, in response to state requirements and local conditions in the City's business community. Pro- posed revisions include adoption of park- ing standards for senior citizen housing; revising the way required parking is calculated; new minimum standards for retail, warehousing and manufacturing uses; and the creation of guidelines to review requests to reduce minimum parking requirements. Copies of the draft ordinance may be obtained through JANUARY 1997 Michael Jenkins in the Department of Community Development, at 433-7142. The City is also updating the subdivision regulations, which specify requirements for boundary line adjustments, short plats and subdivision approval. Changes are proposed to the processes, standards and organization of the code. Some of the more significant changes include increasing the number of lots allowed in a short plat from 4 to 9, establishing regulations for boundary line adjust- ments, and modifying the standards for roadway and right-of-way widths. Con- tact John Jimerson at 431-3663. The Planning Commission will hold a public hearing on these proposals at 7:OOPM on Thursday, January 23, 1997, in the Council Chambers at City Hall. Call Michael or John to obtain further information. Copies of the pro- posed ordinances are available at the Department of Community Develop- ment, 6300 Southcenter Boulevard, Suite 100. O s B s City of Tukwila lla John W. Rants, Mayor Department of Community Development Steve Lancaster, Director Staff Report To Planning Commission Prepared November 7, 1996 HEARING DATE: November 14, 1996 NOTIFICATION: Public Hearing Notice published November 1, 1996 FILE NUMBER: L96-0072 E96-0033 (SEPA) APPLICANT: City of Tukwila REQUEST: Changes to the Tukwila Municipal Code, Title 17, Subdivision Ordinance and Title 18, Zoning Ordinance. SEPA DETERMINATION: DNS RECOMMENDATION: Forward a recommendation of approval to the City Council. STAFF: John Jimerson ATTACHMENT: A - Draft Ordinance 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 BACKGROUND Attached is a copy of the draft subdivision ordinance with the changes that were discussed at a work session of the Planning Commission in September. At that z time a description of the changes was provided and the Planning Commission 1 z was asked to provide policy direction. The Commission concurred that the draft Ce Lij ordinance should include a proposal in increase the Short Plat threshold to nine 6 m lots and to eliminate the Planned Residential Development requirement for Short o Plats and Boundary Line Adjustments. w = J H Those and other changes incorporated are intended to achieve several w o objectives: 2 J ti. Q • Ensure the ordinance is consistent with, and contributes to implementing the d Comprehensive Plan. w • Ensure the ordinance is consistent with other state and local laws and current z ~- practices. z o • Provide sufficient detail to the public and City staff as to the procedural 2 D requirements of the ordinance. 0 N • Organize the regulations to be as user friendly as possible. Di- u, i- ww SUMMARY OF SIGNIFICANT CHANGES —o wz U� Summarized below are the more significant changes made to the code as they o 1 relate to these objectives. 1. Comprehensive Plan consistency and implementation. The comprehensive plan contains numerous policies that require sidewalks with new development and narrower streets to slow down vehicular speeds and improve pedestrian safety (Policies 1.6.2, 1.6.3, 7.4.4, 7.4.5, 7.4.6, 8.1.1; and 13.2.3). Toward those ends, the subdivision ordinance requires sidewalks on all public streets (short plats of 4 lots or less are exempt) and provides a range of road widths which allows for and encourages narrower streets (Section 17.30.030(c)(6)). The plan also discourages the use of cul-de-sacs (Policies 7.4.2 & 13.2.1). Existing language in the subdivision ordinance has been modified to reinforce these policies (ibid). Policy 1.6.4 states we install trees along the right-of-way of major residential streets in accordance with guidelines regarding appropriate species, spacing, and Page 2 z planting methods. The requirement that one tree per lot be provided has not been changed. Again, short plats of 4 or Tess are exempt (17.30.030(g). Policy 1.7.4 states that we require fencing and landscape buffers between commercial and residential uses. This has been done in the code (17.20.030(b)). z Policy 1.10.8 states subdivision standards should offer flexibility and reflect the x w purpose of open space network areas. This is accomplished in the PRD ordinance Ce which provides flexibility to the subdivision in meeting the open space o o requirements (Ch. 18.46). J = Policy 5.6.6 states that we require subdivisions along the shoreline to provide a u) o trail for public access along the river in areas identified for trail connections consistent with the King County Green River Trail Master Plan and to require any D. property not included in the King County Green River Trail Plan to provide public u. a access or a private natural area in lieu of physical public access. A standard has z cir been included to encourage these connections (Section 17.20.030(b)). f- w z= Policy 7.4.7 states that we underground utility distribution lines as each street is w w improved or constructed. This is already required in the code. No changes are 2 o proposed (Section 17.20.030(d)). 8 11.1 Ili 7.6.4 encourages support of single-family residential in -fill housing that is in x 0 harmony with the existing neighborhood as a means of achieving adequate, u.. o affordable, and/or diverse housing. In -fill housing is encouraged by simplifying the id co z boundary line adjustment process (Ch. 17.08), eliminating the PRD requirement for short plats, increasing the threshold of short plats to nine lots (Section 17.12.010) z ~ and not requiring frontal improvements for short plats of four Tots or Tess (Section 17.20.030(c). 2. Consistency with other state and local laws and current practices. Numerous changes were made in this category. Some of the more significant changes include: • Eliminate treating boundary line adjustment s as short plats. • Extending the life of subdivisions to five years. • Updating the application submittal requirements. • Updating the survey, certificate and recording standards. • Updating the decision criteria. Page 3 3. Sufficient detail as to the procedural requirements of the ordinance. New sections were added which identifies application submittal requirements, improvement installation processes, approval and recording processes, dedication processes and improvement deferral processes. z 4. Organize the regulations to be as user friendly as possible. = w re Changes made including reorganizing the contents so that zoning and subdivision definitions are consolidated as are the improvement standards. The organization u) W of the procedural chapters for Boundary Line Adjustments, Short Plats, u) u, Subdivisions and Binding Site Improvement Plans were modified to be consistent cn o with each other and to follow a logical progression (from application to recording). w CONCLUSION �a u> = c The proposed ordinance does not significantly alter the substantive standards for Z I- subdivision in Tukwila. Where changes have occurred, such as with road widths, z o it has been done to implement the Comprehensive Plan. z With very few tracts larger than an acre, most of the subdivision activity will U 0 continue to be in the form of short plats. The procedural, substantive and o F= wW organizational changes have all been drafted with the Comp. Plan policy 1.- 0 encouraging infill short plats in mind. u.o Ili First, the standards have been kept flexible and minimal to address the varied o o conditions that exist throughout the community. Also, the processes have been z I - more completely spelled out in the ordinance so that citizens can better understand how to navigate through them. Finally, the documentation and improvement installation processes have been firmed up to better protect the buyers of the resulting lots by ensuring the improvements are installed properly and in a timely manner. RECOMMENDATION Staff recommends the Planning Commission forward a recommendation of approval of the ordinance amendment to the City Council: r:):`.>bS`3!a�.'�M1S.�'$��.`r+'lCYJfa'tiASte"iti3itird .ih7t�Wi.'�i�LLr?L+ieliiv �i »xav-.^wru�. Page 4 ,�'�f�VY.u•:.t.�. '�"tt`.: .+ �:i. ..ASr .rs:,,ww.'.u.'swY:.li ss�,� DRAFT - FOR PUBLIC & PLANNING COMMISSION REVIEW November 14, 1996 Title 17 SUBDIVISIONS AND PLATS Chapters: 17.04 General Provisions 17.08 Boundary Line Adjustments and Lot Consolidations 17.08.E Detailed Procedures for Short Subdivisions 17.4214 Detailed Procedures for Subdivisions 17.16 Detailed Procedures for Binding Site Improvement Pian 17.20 Design and Improvement Standards for the Subdivision of Land 17.24 Procedures for Public Improvements 17.32.$ Exceptions, Penalties, Severability, Liability Sections: 17.04.010 17.04.020 17.04.030 17.04.040 Title. Purpose. Scope, Exemptions. Definitions. Chapter 17.04 GENERAL PROVISIONS 17.01.070 17.04.050 17.04.060 17.04.08,0 Exceptions- Dedications. Survey Content. Notification of other agencies. 17.04.010 Title. This code shall be known as the "City of Tukwila Subdivision Code." 17.04.020 Purpose. The purpose of this code is to provide rules, regulations, requirements, and standards for subdividing land in the City, insuring that the public health, safety, general welfare, and aesthetics of the City shall be promoted and protected; that orderly growth, development, and the conservation, protection and proper use of land shall be insured; that the character of the developing area is safeguarded and promoted; that proper provisions for all public facilities including circulation, utilities, open space, and services shall be made; and that the goals and 1 Fi i' aGiu # t F:;, n s:,'iIw,rr .s4,1 4,4(4mYia Jx2k' P:v: "N`fiz�lh�J. n . S�^f t,,...5, Telt .. 1 policies of the Tukwila ComprehensivePolicy Plan are furthered through the subdivision of land. 17.04.030 Scope, Exemptions. (a) Tukwila shall comply with Chapter 58.17 RCW. The subdivision of land within the City of (b) Where this code imposes greater restrictions or higher standards upon the development of land than other laws, ordinances or restrictive covenants, the provisions of this code shall prevail. (c) Exceptions: This ordinance shall not apply to divisions and activities described as inapplicable in RCW 58.17.040: PROVIDED THAT. boundary line adjustments and lot consolidations are subject to the provisions contained in Chapter 17.08: PROVIDED FURTHER THAT binding site improvement plans are subject to the provisions contained in Chapter 17.16. 17.04.040 Definitions. •- 1 •1 • 1- Z•1 i• ••- • .••• - • • eforfi ' <purj [nconsi!.stoncies :. ...:.::::...... oun n ffy {3) 'Block" means a group of lots, tracts or pa ivided;-and-are a-subdivvision 2 11 {9) "Dedication" mea " •=e-•--= - - - (12) "Final approval"mea 18.13 and Iico (16) "Lot" means a fraction oie (17) "Lot, corne r. nn �r a� c55° ra r *tPr.= 1,1”41 rar 3 (18) "Lot front been-se-Feaefded:. sensideceel-fr-ent, "=-0e= Fi.4eGer.ded-4n-the-efftse-ef--the -'unds, the decer-iption-ef--whish-has reference-for-sup.seying, atended-te-be-used-selely-as-a agfeemer-Its, cipal •e _ e•• 00 Muni- duly-advertised--publis-heaFisg, (29) "Privet esigReel-or-used and 17.28.050 of this code. pesial-asse-ss- 4 hieh-sepies t to Section 17.2,1.030 sed for public roads, —lake -ways IMMINEWtrfPgrtetrOMM*M154,MOrAtVF}211ritt;`,TAILIAT.,reFrer,M.V.V'',"?11,`,1!...444‘4!:1,Frrra:,erVnmeon.,4,wer.sr,r,,,,w .... z < • • Z • w 6 O 0 co 0 = 1.- (f) Lu 0 2 g • < 1- ILI Z I-0 ZI- 0 u j Ca O — O I— W Lij Lli zp 0z I— 11 (33) "Short p divisions, 11 e• - - e •• e e •• = - =:. ••=-•. e e e .....e• ..ee e* ..ee e• e e• sites -GF -44/16491:167 ! • ! ! e •• e - • •••A -• e ..ee e• e .ee e •e • ! . ! er 58.17. and -final -plats, (c) Short Subdivision Committee: The Short S 17.04.070 Exceptions Stat�manda TOteretv:Commonly usc c�nsolidati�i :�d�xceptions. . -cprpora u adjustmeri The-PfeviSiGRS-Gf-th16-GGele-de-R. et-apply-te-the-fGliewiR434. (1) Cemetories and bur' 5 z < • z w ce -J O 0 co CO W W I _J U) Lu 0 2 g .7j I a u±i z 0 z ILI uj O CI) O I- W uj I 0 17L- . LI 0 Cli z 0z I- ted thereby and where no lot is ming control; 17.04.050 Dedications (a) Act of dedication: The intention to dedicate real property to the public shall be evidenced by showing the dedication on the plat prepared for approval, All dedications, including easements. rights-of-way and real property shall be clearly and precisely indicated on the face of the plat, Unless specifically noted otherwise on the plat. approval of the plat for recording shall constitute acceptance of the dedications, (b) Public streets: All streets and parcels of land shown on the final plat and intended for public use shall be offered for dedication for public use. except the approving entity may allow the dedication of certain public improvements to be conveyed to a homeowner's association or similar non-profit corporation, (c) Certificate: If the subdivision includes a dedication. the final plat shall include a certificate of dedication or reference to a separate written instrument which dedicates all required streets and other areas to the public. The certificate or instrument of dedication shall be signed and a .I•w-••-• •- •r- - l• - • bli • -ve •er •n havin• a owners i• 'nt-r- - divided and recorded as part of the final plat. (d) Title Report: Every proposed final plat containing a dedication must be accompanied by a title report confirming that the title of the lands as described and shown on the plat is in the name of the owners signing the certificate of dedication. 17.04.060 Survey Content a I• Newectio'nto aen survey sfani`far� Whenever a survey is submitted for a short plat or subdivision. the following information shall be included: (a) The name of the plat. Ci y of Tukwila file number. graphic scale and north arrow. The survey shall be done to a scale of 1 inch equals 100 feet unless otherwise approved by DCD. and shall be drawn with black drawing ink on 18 inch by 24 inch mylar sheets. (b) Existing features such as rivers. streets. railroads and structures. 6 (c) The lines and names of ail existing or platted streets or other public ways. parks. playgrounds, and easements adjacent to the final plat. subdivision or dedication. including municipal boundaries. township lines. and section lines (d) In the event the plat constitutes a replat. the lots. blocks. streets. etc.. of the previous plat shall be shown by dotted lines in their proper positions in relation to the new arrangement of the plat. the new plat being shown in solid lines so as to avoid ambiguity. (e) Legal description of the subdivision boundaries. (f) A complete survey of the section or sections in which the plat or replat is located, including: (1) All stakes. monuments or other evidence found on the ground and used to determine the boundaries of the subdivision, Location and monuments found or reset with respect to any established centerline of streets adjacent to or within the proposed subdivision. All ivi• 11 • 11 - 1 • • • 1 1-0 • k 1 • 1- s ry - • • • • 1 • - Ir - 1_ to be installed by provisions of this title. (2) City or County boundary lines when crossing or adjacent to the subdivision. (3) The location and width of streets and easements intersecting the boundary of the tract. (4) Tract. block and lot boundary lines and street rights-of-way and centerlines, with dimensions. bearings or deflection angles. radii. arcs or central angles, points of curvature and tangent bearings. Tract boundaries. lot boundaries and street bearings shall be shown to the nearest second with basis of bearings. All distances shall be shown to the nearest one-hundredth foot. (5) The width and location of existing easements and rights-of-way and of easements and rights-of-way being dedicated. (a) Lot and block numbers beginning with the number "1" and numbered consecutively without omission or duplication. b- d - • • • ..1 • • • • v r p• - ••• • as •-• f u • intended for general development with notes stating their purpose and any limitations. (i) The plat shall include the following statements: (1) A statement to be signed by the Public Works Director approving the survey data. the layout of the streets. alleys and other rights-of-way. design of bridges. sewage and water systems. drainage systems and other structures. 7 z a • z w re 2 6 = -J 0 O 0 U) LLJ • I F.. Wo 2 g LL. • ° w z F.. I-0 z Lu o cl uj 1- 0 Loj o ▪ 1- z (2) A certificate bearing the printed names of all persons having an interest in the subdivided land. signed by the persons and acknowledged by them before a notary public consenting to the subdivision of the land and reciting a dedication by them of all land i•. i • 1- . - • •- .-.I --• . 1 • -1• • Iv 1-11 -1• 1- r successors of all claims for damages against any governmental authority arising from the construction and maintenance of public facilities a _ad public property within the subdivision (3) A certificate with the seal of and signature of the surveyor responsible for the survey and final plat with the following language: "I. . registered as a land surveyor by the State of Washington. certify that this plat is based on an actual survey of the land described herein. conducted by me or under my supervision: that the distances. courses and angles are shown thereon correctly: and that monuments other than those mow -lents approved for setting at a later date. have been set and lot corners stated on the ground as depicted on the plat." (4) Certification from the Kina County Treasurer that all taxes and assessments for which the property may be liable have been duly paid. satisfied or discharged as of the date of certification. (5) Certification of examination and approval by the County Assessor. (6) Recording Certificate for completion by the King County Department of Records and Elections. (7) Certification of Examination and Approval by the Seattle - King County Health Department when the lot(s) are served by septic system(s). (8) City of Tukwila Finance Director Certificate that states there are no delinquent special assessments. and that all special assessments on any of the property that is dedicated as streets. alleys or for other public use are paid in full at the date of certification. (9) Certification by the Public Works Director that the subdivider has complied with one of the following: (A) All improvements have been installed in accordance with the requirements of this - -1• 1 1- r 11 1-1 • - -!• • - -1• h • • _1• -! •s • - 11 - • electronic AutoCad records meeting current Public Works drawing standards for road. utility and drainage construction plans certified by the designing engineer as being "as constructed" have been submitted for city records. and/or: (B) An agreement and bond or other financial security have been executed in accordance with Section 17.24.030 of this title sufficient to assure completion of required improvements and construction plans. isVA Ii?1g6Nte lE«Netaktrah t '4 Y vTcrSk 8 (10) Certificate of dedication pursuant to TMC 17.04 050(d). (11) For short plats. binding site improvement plans and boundary line adjustments. a certificate of approval to be signed by the DCD Director. Public Works Director and Fire Chief. JU UO U D (12) For subdivisions. a certificate of approval to be signed by the Mayor and City Clerk. 17.04.080 Notification of other agencies. Notice of the filing of a preliminary plat within 1,000 feet of the municipal boundaries, or which contemplates the use of special use districts or other city's or town's utilities, shall be given to the appropriate special districts, county, city or town authorities. Notice of the filing of a preliminary plat located adjacent to the right-of-way of a State highway shall be given to the State Department of Highways. In addition, notice of all preliminary plats shall be submitted to the appropriate school district. All such notices shall include the hour, location, and purpose of the hearing and a description of the property to be platted. Chapter 17,08 BOUNDARY LINE ADJUSTMENTS AND LOT CONSOLIDATIONS New:;chapter to: prou�cte a ro trate review rocess for g =s =:includin :aimited criteri s� Sections: 17.08.010 Purpose. 17.08.020 Scope. 17.08.030 Preliminary Approval, 17.08.040 Recording, 17.08.010 Purpose. RCW 58.17,040(6). 17.08.020 Scope. T s I_. - _•• e a b. id- II e s u- • • . _ i • w 1 1 - - • - exempt from subdivision regulations (58.17.040(6) RCW). 9 •ea.h.� .-......r.... n.:.r:a,..:-v......-....m...�.uy..r r....r:nr: v ..: n.r:...v...ar r rr.:..._v.rrs.....rrwv't'l.:. rrA�nr.!': wo,.. ... .. Ne..ws.,M.h'ti'MP ^vve.TrwA+nhw'H CO W J = w• 0 2 �Q =a 1w �_ zI- w IA U� o - • F - w =w u- O wz U 0 —= 0E - z 17.08.030 Preliminary Approval. �plicant must submit to DCD a complete application. in quantities specified by DCD. and meet the criteria for approval. 1 • •- • - -V- • - , ,,, .•• • - 1 (a) A complete application consists of the following: (1) A completed application on a form_ provided by the Department of Community Development and fee. (2) A neat and readable plan drawn to a standard decimal (engineer) scale. A survey may be required if it is determined that level of information is needed to ensure the adjustment meets the approval criteria. The plan shall show the following information: (3) (A) Property lines. with those that remain in their existing location shown as a solid line. those that are being moved or removed shown as a dashed line. and those that have been relocated shown as a solid line and cleary identified as a relocated line. (B) Dimensions of all property lines and area of the lots. before and after the adjustment. (C) Location and floor area of all structures on the site. and their setbacks from existing and new property lines. (D) Location and purpose of all easements on the site. (E) Location purpose and legal description of any new or extended easements proposed. (F) Location of adjacent public roads and points of access from the public road(s) if a lot does not front on a public road. show how and where access is provided. O ,• - ,1• -- -II- (H) Calculations demonstrating required yard to meet the requirement of the Uniform Building Code. Before and after legal description of the affected Tots, .14,,,,,14 egg.ibQ; itk 3)6. nt.:4SSG.S.`K;A 'itiLi'xs`"r".R+tb'.,.v •�)1' 1." 10 ��M1,7Mk�s{ (b) In order to approve a boundary line adjustment or lot consolidation. the Short Subdivision Committee shall determine the project complies with the following criteria: As an exempt activity in RCW 58- • -------footfolookok:0000000ii::j.ffittoijkoo:••••• (1) No additional lots. sites. parcels. tract or division are created. (2) The adjustment will not create non -conforming lots with respect to zoning dimension and area standards, zoni setbacks and lot area coverage standards. (3) The degree of non-conformance on existing non-conformin9 lots with respect to zoni g dimension and area standards. zoning setbacks and floor area ratio is not increased. (4) All lots have legal access to a public road. Existing access improvements and easements are not diminished below subdivision ordinance standards for lots that are served by a private access road. (5) Existing easements for utilities are appropriate for their intended function. or they are extended. moved or otherwise altered to an appropriate location. (6) The adjustment does not create any non -conformities with respect to the Uniform 13uilding Code or any other locally administered regulation. 17.08.040 Recording. New.section to clarify recordilng process. a or•va DCD for final review. •11.• 11.•• includes: a Ica Of • r n -PP - 1- 1" •111 IV! • Of 11 ..1-11 "8 • •I kl• 111 (3) Affidavit of ownership. have been met. • 11 z • z cc 6 5 o u) 0 • w WI w o g u_ w z F. o z — I J w 0 o • I— L J u 0 — 0 UjZ• in p O 1— z 17.08.050 Expiration The boundary line adjustment application shall expire if it has not been recorded within one year from the date of approval. Upon written request from the applicant prior to the expiration date. the Short Subdivision Committee is authorized to grant one extension. not to exceed six months Chapter 17.0812 DETAILED PROCEDURES FOR SHORT SUBDIVISIONS Sections: 17.08.010 Purpose. 17.0812.0210 Scope. 17.08.050 Fees. 17.12.020 Preliminary Short Plat Approval. 17.12.030 Final Short Plat Approval. 17.0812.0940 Expiration -peeled. 17.0812.40050Limitations on further subdivision. Applications for short plat approval shall be processed as a Type 2 decision, subject to the provisions of Section 18.108.020 (TMC). 17.0812.0210 Scope. Any land being divided into few nine or fewer parcels, Tots, tracts or sites for the purpose of sale, lease, or gift, any one of which is less than 20 acres in size, and-whic • - - - - - - -, shall meet the requirements of this section. ,RaiNzijZ „,, n `+.iU1':4!�a:'�tZy'u:%cr'..r,¢ ta,4 .3'O.ici `'. 'r 12 The- following--pFinci l euladivision€4, (5) Comply with Chapter 17.20, �s ! ! . -- -- e- =-- = - --ee e• . 13 i;isfl3:iNNS'.%fi11fiA'1Vi±j�j�ii�i�:'f'l�`•%h': '.51`:'C ^'Gi.4'�N.•.'...1".5.."OM�f^!'1'+.✓eafi+iui'!.�I,�.r`:�^4�}r�\�•w��,�,.i lx�.�..'�.�rr�i�;Yt'?'M:,--ei�.;'ri�i.�:t �s�KtT7�Y.fye•{lrnl'J'?c a..-Y�•w .Y r..•.......... ••�; AM mA AO 17.08.050 Feee. cation fef-sher4 17.12.020 Preliminary Short Plat Approve( (a) Application/Fees: The following items are required. in quantities specified by DCD. for a complete Shod Plat application for preliminary approval. Items may be waived if in the judgment of the Short Subdivision Committee they are not applicable to the proposal: (1) Items contained in Section 18.104.060 TMC. (2) Completed Preliminary Short Plat Application Form as prescribed by the DCD Director with fee. (3) Com lett, ed Application Checklist. (4) A complete SEPA Checklist application if project is not exempt from SEPA. *UP - - 01 • • 1- -• (6) A vicinity map showing location of the site. (7) A survey prepared to the standards identified in TMC Section 17.04.060. (8) Site and development plans which provides the following information: A) The owners of adjacent land and the names of any adjacent subdivisions: 1. - .• 1.-r- • 1- - 1 . • . 1 - . 1 • • • 1 - eliminated should 12 _3 dashed line and so notedl C) Locations of existing and proposed public street rights-of-way and private access easements: D) Location. floor area and setbacks of all existing structures on the site: E) Lot area. lot line dimensions and average widths for each lot, F) Location of proposed new property lines and numbering of each lot: G) Location. dimension and purpose of existing and proposed easements. Provide - • •-. •. 11-1 1 1 •-1 1 1" 1- H) Location of any proposed dedications: I) Existing and proposed topography at two foot contour intervals' 0_ -.1-1 • 1• - _ - 1-1 14 nw„w.,A„ .r�abt . �.vir-r..>r,..��.;u,P.ta-m.� �•�q-yn t!'.�utr,A.,i,. Location of any sensitive areas (slopes 20% or greater. wetlands or watercourses) on or adjacent to the site. Location. size and species of any trees Located within a sensitive area or its' buffer. N) facilities and roads to serve the lots. Expected location of new buildings and driveways, including finished floor elevations of the buildings. (9) Letter of water and sewer availability if the provider is other than the City of Tukwila. (10) Items contained in Section 18,104.060 TMC not already listed above. 4-7.96:060.(bi Review procedures. (c) (al) Referral to Other Departments: Upon receipt of an application for a short subdivision , the Department of Community Development shall transmit one copy of the application to each member of the Short Subdivision Committee, and one copy to any department or agency deemed necessary. (b2).Short Subdivision Committee (SSC): The Short Subdivision Committee shall consist of the Director of the Department of Community Development who shall be the chairfln, the Public Works Director, and the Fire Chief, or their designated representatives. (o2) Short Subdivision Committee Decision: The Short Subdivision Committee may approve, approve with modifications, or deny the application for a short subdivision of pursuant to Type 2 permit procedures. No formal meeting of the Committee is required so long as the Chair ! = - - - •• = - - — - •• -• — -.` _ — - - •• = • obtains the recommendations and consent of the other members of the Committee before issuing a decision. Criteria for Preliminary Short Plat Approval: The Short Subdivision Committee shall base its' •t •l al -!!ll - 1•l • i- f. • . • — r (1) The proposed Short Plat is in conformance with the Tukwila Comprehensive Plan. and any other such adopted plans: (2) Appropriate provisions have been made for water. storm drainage. erosion control and sanitary sewage disposal for the short plat which are consistent with current standards and plans: (3) Appropriate provisions have been made for road. utilities and other improvements which are consistent with current standards and plans: 15 .�u: -••'�t f T�7?: oFti�.y.+.4i. t+;sa&�-As,;rk�F?, ani:F'>sti!'?;;r?tM:?.��.,!'+'^f C!t4�"?i i•w egK4'�^ca^ xYu:'�,a7.�<: (4) Appropriate provisions have been made for dedications. easements and reservations;. (5) The design. shape and orientation of the proposed lots are appropriate to the proposed use for which the lots are intended and are compatible with the area in which they are located. (6) Appropriate provisions for the maintenance of commonly owned private facilities have been made. (7) The short plat complies with the relevant requirements of the Tukwila Subdivision Ordinance. (8) The short plat complies with the requirements of the Tukwila Zoning Ordinance and other relevant local regulations. 8>8 mprov�rnent requrements;h� een combined nto new chapter (-4-)f-ire-hydrants; dilation, a rovements respective-raguirem or commer (c) Other improve er:ein lam- ound—necessar e--te ..a'':rk�}.�s,'�'fMi':..^:g1•ri+l i�w':?�{ia'3:ail+i."c�'�.dS 16 17.12.030 Short Plat Final Approval J> t1Is lac lye:, nsatd1. l...atin pecai'y,ng��ct;ec department which resul ce ...... ..... ... apprar�a[ prt�c�s :Ofti tte'air�d»>t i confusion o...the part:<of the applicant a ;cantus�on.::; ..;the>i�rant; ..thy wrnnai (a) Application. The following items are required. in quantities specified by DCD, for a complete application for final short plat approval. Items may be waived if in the judgment of the Short Subdivision Committee said items are not applicable to the particular proposal: (1) Completed Short Plat Final Approval Form, (2) Completed Application Checklist, (3) Documentation of the square footage of each lot and mathematical boundary closure of the subdivision, of each lot and block, of street centerlines. showing the error of closure. if any (4) A final survey which complies with the standards setforth in TMC 17.04.060. With all certificates signed except for those required of the City and those signed at recording, (5) A title insurance report confirming that the title of the land in the proposed subdivision is vested in the name of the owners whose signatures appear on the plat's certificate. (6) A bond in a form acceptable to the City Attorney pursuant to TMC 17.24.030 if improvements are to be deferred, (7) Legal descriptions of the all tracts located within the boundaries of the short plat. (8) As -built plans for all new roads and utilities. (9) Binding maintenance agreements to provide for the maintenance of commonly owned private facilities. .(10) Signatures on the following certificates on the face of the plat (when appropriate) from the surveyor that prepared the plat. the King County Treasurer. Seattle -King County Health Department. City of Tukwila Finance Director Owners affidavit and certificate of dedication as identified in TMC 17.04.060(1). (b) Final Approval Review Procedures: (1) The Short Subdivision Committee may grant final approval of the short subdivision when they find the criteria listed in subsection "c" below have been met. No formal meeting of the 1...rv,,mLsOilli.evOrtftrINrtRIWOO.M•5049.^.'"' S.. 17 ig;8isr,;�,•'fXr?.'t�!tY,�!W.".Paw.Y,rzrc:".un^v.:t:.n, . . . z ~ w Ce UO U • Wo J= F— N LL wo �Q _a I..,w z= I- 0 z I - w • w U C) co O — O I- wW LIO Z 01" = F. z Committee is required so long as the Chair obtains the recommendations and consent of the other members of the Committee before issuing a decision. (2) Upon final approval of the short plat. the applicant shall record the plat and all other relevant documents with the King County Department of Records and Elections. The subdivider is responsible for paying the recording fee(s). Upon completion of recording. the applicant shall provide DCD with a copy of the recorded documents. The short plat shall not be considered final until these documents have been provided to DCD. (1) All requirements for short plats as set forth in the Subdivision Code are met. (2) All terms of the preliminary short plat approval have been met. (3) The requirements of Chapter 58.17 RCW. other applicable state laws. and any other applicable City ordinances have been met. (4) All required improvements have been installed in accordance with City standards or an jmprovement agreement wi:.i financial guarantee pursuant to TMC 17.24.030 has been entered into by the applicant and accepted by the City. (5) That the plat is _technically correct and accurate as certified by the land surveyor responsible for the plat. before -it is -filed: 17.0812.090 Expiration period. xperie com:letethe';irocess'on ant's If the short plat is not filed within six—months one year of the date of preliminary short plat approval, the short plat shall become null and void. Upon written request by the subdivider prior to the expiration date, the Short Subdivision Committee may grant one extension of not more than six -months one year. 18 17.0812.040400 Limitations on further subdivision. `E�e change be rrore;restrictive ie!Ve Consistency>w!#h the':st te'::.:::.:.:.....:• esu> n;;:.��w_fob:�esubdivfsaan.(>�CV11;v8..�E��:��i R Any land subdivided under the requirements of this chapter shall not be further divided for a period of five years without following the procedures for subdivision. except that when the short plat contains fewer lots than allowed for a short plat. in which case an additional short plat may be approved if the total number of lots within the boundaries of the original short plat does not exceed nine. Sections: 17.12.010 17.124.020 17.124.030 17.124.040 17.14.050 17.14.060 Chapter 17.124 DETAILED PROCEDURES FOR SUBDIVISIONS Pufpese. Scope. Preliminary plat procedufes. Final plat -procedures. Expiration. Phasing The +fpese-e€-this-sect. 17.124.020 Scope. Any land being divided into five 1n or more parcels, lots, tracts or sites, for the purpose of sale or gift, any one of which is less than 20 acres in size, or any land which has been divided under the short subdivision procedures within five years and is not eligible for further short platting pursuant to Section 17.12.100 shall conform to the procedures and requirements of this section. 17.124.030 Preliminary plat-presedures. Applications for preliminary plat approval shall be processed as Type 5 decision subject to the provisions of TMC 18.108.050. (a) Application: The following items are required. in quantities specified by DCD. for a complete application for preliminary short plat approval Items may be waived if in the judgment of the DCD Director the items are not applicable to the particular proposal: 19 !tt�'tF?:'ifbN'1S'A (1) Completed Preliminary Plat Application Form and fee. (2) Completed Application Checklist. (3) A complete SEPA Checklist application if project is not exempt from SEPA. (4) Complete applications for other required land use approvals. (5) A vicinity map showing location of the site. (6) A survey prepared to the standards identified in TMC Section 17.04.060. (7) All existing conditions shall be delineated. Site and development plans which provides the following information: (A) Owners of adjacent land and the names of any adjacent subdivisions. (B) Lines marking the boundaries of the existing lot(s) (any existi g lot to be eliminated should be a dashed line and so noted). (C) Approximate names. locations. widths and dimensions of existing and proposed. public street rights-of-way and private access easements. parks and other open spaces. reservations. and utilities. (D) Location. floor area and setbacks of all existing structures on the site. (E) Lot area. dimensions and average widths for each lot. (F) Location of proposed new property lines and numbering of each lot. (0) Location. dimension and purpose of existing and proposed easements. Provide recorded documents which identify the nature and extent of existing easements. (H) Location of any proposed dedications. (1) Existing and proposed topograp y at two foot contour intervals. All contours shall extend at least 50 feet beyond the site boundaries. (J) Location of any sensitive areas (slopes 20% or greater. wetlands or watercourses) on or adjacent to the site. (K) Location. size and species of any trees located within a sensitive area or its buffer. (L) Source of water supply. method of sewage disposal. and manner of surface runoff control. (M) Location of existing and proposed fire hydrants to serve the project. (N) Description. location and size of existing and proposed utilities. storm drainage facilities and roads to serve the lots. (0) A survey of existing trees and vegetation with a retention/removal plan for the preservation of significant trees and vegetation. (P) Expected location of new buildings. their driveways and finished floor elevations. (8) Letter of water and sewer availability if the provider is other than the City of Tukwila, 20 N,.�.r�^,t".y":Mf'.}txna?ay...yks•unrn,�r`t'.,�im-sn tt..e:.v::"'!; e;.wwK..,.-.. (9) King County Assessor's maps which shows the location of each property within 500 feet of the subdivision: Three sets of mailing labels for all property owners and tenants (residents or businesses) within 500 japiathamicivision (10) Items required by Section 18.104.060 TMC not already listed above. {a) Application: land -surveyor ee lisatien: - - lie -preliminary -plat: (1)Vicinity—Map- s e nding-vicinity. survey8F e AAA •4111 - - - - - - - f1►,111:�1i1-11�►,ll►lt�J��-y�yl�Jll tilJll.11 jet►�Z u cturec,,and -ee proposed I V, �Jubel• e=•e =e e- obtained -f wn. t .e. -- x -act -location -as (E) Exist' ey-(USC-&- GS) -datum. . - .. . - .. . .. .. - (H) 21 lock numbers; the-eFnallect-lot. (b) Review Procedures: (s1) Referral to Other Offices: Upon receipt of a complete and-satis€astory preliminary plat application, the Department of Community Development shall transmit a notice of application and one copy of the preliminary plat to each of the following offices, where appropriate: Public Works, Building Division, Fire Department, Police Department, King County Health Department, the appropriate school district, and each public utility agency serving the area in which the property proposed for subdivision is located. Developme**t. (2) Public Notice and Public Hearing: The process for public notice. hearings. decisions and appeals shall be as provided for Type 5 decisions as identified in Title 18. (c) Criteria for Preliminary Plat Approval: The City Council shall base its' decision on an application for preliminary plat approval on the following criteria: (1) The proposed subdivision is in conformance with the Tukwila Comprehensive Plan and any other City adopted plans: (2) Appropriate provisions have been made for water. storm drainage. erosion control and sanitary sewage disposal for the subdivision which are consiste_nt with current standards and plans: (3) Appropriate provisions have been made for road, utilities and other improvements which are consistent with current standards and plans: (4) Appropriate provisions have been made for dedications. easements and reservations* (5) The design. shape and orientation of the proposed lots are appropriate to the proposed use for which the lots are intended and are compatible with the area in which they are located. "Y.,.r;t5r.Wgii041' ,1,t1 ws135 WAWA G J z 4 22 �1N'�'.r�M°r4�}S}�ij1..:°".fx]i'I,,tCv'/+t�.�51V'M�i) S'1^„ ..rv'.tx"YW��wa•K�•...nw+y� rr. r..->:. (6) The subdivision complies with the relevant requirements of the Tukwila Subdivision and Zoning Ordinances. and all other relevant local regulations. (7) Appropriate provisions for maintenance of privately owned common facilities have been made. (8) The subdivision complies with 58.17.110 RCW. 17.124.040 Final platecedures. (a) Application The following items are required. in quantities specified by DCD. for a complete application for 1- . • - -u 11- • v - • 1- ••11-1 • J- 1 D D' - • -1i - - 1 0 applicable to the particular proposal: (1) Completed Application Form and fee. (2) Completed Application Checklist. (3) Copies and one original of the final plat survey in conformance with the standards set forth in 17.04.060. n%rmee�. w �] /�•p +�1 pM• and:in`��rp�ra� n ;4:; Y s�.ons:;Yha .:te).• Se.:isr>•,::;:.;:.3:r•<:r::�::�:.::�:�:::.:.::.::.;:.::.: e utrrarns ##e-subdivwdef: (2)Speciic— ...»....'+.:nr P,�•K!�••w`K.?(ef+.T'rii'fhFtt�'.t`-r;3f•>t#'14•:.11,f�v..+n.Yl, .e..4�W., 23 true -north point; ii-€tfe laY p subdivided -tract; Qf-c'}il-sufves mel ---points, approv rks Department, or dessriptiens-and-ties-t (E) The final plat shall be accompanied - (G) The fin - - - - subdivided, - ..e _e _e - . -e - e:: limitatierts-ther-eeni- 24 }+� ! !Y+iiG`f,Mja�`?.5:�fati71?7d iii+,Rr`..�,A N'./✓!i's'n � i .. Z ~ W cel -J UO NO cn -LL— F- WO 2 u �W z= F- O zt- WW U� O- F - WW F- r- u'O Z W U= 0 z ei (D) Co accordance -w' the -King -County -Fina Yeari (1H4) The applicant shall furnish the City a plat certificate from a title insurance company documenting the ownership and title of all interested parties in the plat, subdivision or dedication, and listing all encumbrances. The certificate must be dated within 45 calendar days prior to the date of City Council approval of the final plat. (5) Private covenants intended to be recorded with the plat. (6) Any documentation necessary to demonstrate conditions of preliminary plat as •royal have been met. (7) King County Assessor's maps which shows the location of each property within 500 feet of the subdivision: Two sets of mailing labels for all property owners and tenants (residents or businesses) within 500 feet of the subdivision (8) Maintenance agreements. easements and other documents ready for recordi g. (9) Signatures on the following certificates on the face of the plat (when appropriate) from the surveyor that prepared the Ilaat, the Ki g County Treasurer. Seattle -King County Health Department. City of Tukwila Finance Director. Owners affidavit and certificate of dedication as identified in TMC 17.04.060(1). d>ina '<€sect ns pha • e 1 a'nform<t s; :d Itt. o.ca -= =- - -- - - - - -• - - 0= = -- = - - - - - - = - roveme#s and -al 25 H}1'.+c3;'�i:;..ui`'ktti'Yi<.S.tM+,"^R!j ;'�,:;'Tl'':,w'!le;': ,.."!.''-'cr?iP.'�2P'Ctt!':5rrniik?}r,.8irff^,n,3•;.x::�w., ,,rcP.,. .,r�e..,v,:vv1,..., ..;?p" , tit.. ... ^;rs.-.e y..�..... u,., e r . �•k1....,. K ,Y�.a . .. Pu orks. --A-la sempletion. (A) In the event a subdivid , ll euat-equal to 150°t e -Dire tien-date. (C) Cho in-ties+-thereef, Works shall -n its -Development -i the-improven}ents-deferred -a 26 z W VC 2 -.IU 00 uN) w J = 1-- U) U) L W O 2 J =w 1- Z 1.- 1- -zI.- I- O Z I- W 2j U� O -C2 O I- W �' O w Z U= O I• z (db) Final Plat Review Procedures: Applications for final plat approval shall be processed as Type 5 decision subject to the provisions of TMC 18.108.050. (1) Referral to other departments and agencies — The Department of Community Development shall distribute the final plat to all departments and agencies receiving the pre- liminary plat, and to any other departments, special purpose districts and other governmental agencies deemed necessary. (2) Departmental approval — Within 15 calendar days of feseipt determination of the a complete final plat application, the Public Works Department and other interested departments and agencies shall review the final plat and submit to the Department of Community Development a written report comments with respect to the following sdnsider-ations4. final plat decision criteria. If the final plat is in order. the Public Works Director shall sign the appropriate certificates on the mylar original, apl a ; (C) That the facilities a subsection -(4); mffitszlity-Develdpmentr 'iter+ -cots; -shall (54) Filing final plat — Before the final plat is submitted to the City Council, it shall be signed by the City Treasurer (Finance Director), Director of Public Works, and the Director of 27 av7f.'r1.*ikf}!r4ri51.0.1 Yr0V�Nr.6C4'^'.ttA�.w)s•:,}.;,".4).ys}!;,rrve,.r�y.,.=,ft'.r,:t^v+: s::c . r.ih" .,.t. -.>n•: :�,j: 5'C' the Department of Community Development. Upon approval by the City Council, it shall be signed by the Mayor and attested by the City Clerk.plated-w+th-#die Depactment-o = = The applicant shall file the final plat with the Department of Records and Flections. The plat will be considered complete when a copy of the recorded documents is returned to the Department of Community Development. • :. r�teria for Council approval mind.that once preiiminary pts ministenal ct the:> itv' 6 ive been fd ifse .....:...:: pp oved, tt�e:p of.:;review.>is mt ci ent s::v...e5ted harrower:: t: 0 at:approval is a 'el'mina ry• (c) Criteria for Final Plat Approval- In approving the final plat. the City Council shall find: ..1) That the proposed final plat bears the required certificates and statements of approval: (2) That a title insurance report furnished by the subdivider confirms the title of the land. and the agposed subdivision is vested in the name of the owner(s) whose signature(s) appears on the plat certificate: (3) That the facilities and improvements required to be provided by the subdivider have been completed or. alternatively. that the subdivider has submitted with the proposed final plat a performance bond or other security in conformance with TMC 17.24.030 4 a la e i -. . - -1• responsible for the plat. (5) That the plat is in conformance with the approved preliminary plat. (6) That the plat meets the requirements of Chapter 58.17 RCW. other applicable state and local laws which were in effect at the time of preliminary plat approval. 28 J 17.14.050 Phasing ,v�aer,fsnes;o nasnstruction of . .:., . p ::::::::.;:.; ...:::.:sub�v�s�on this.;:.se ct♦on has�n ::,:::occurs<:::;w ............................ ........ .............. cant • , .. pit'';at d> then:::obta ns:: i�nal a .. rova[.>on o E completingonly:; relevant onion of`;the `s: ;irve Se. quent ;: final :t�tats ;would::: h nerpaas rvi: t; .ovi 1. 0;.). .... ...far : tn..::.:ro.fimina : .::a ro 0rtio0; �:thatsuti ivisiony includit rovement The subdivider may develop and record the subdivision in phases. Any phasing proposal shall be submitted for City Council review at the time at which a final plat for the first phase is submitted, Approval of the phasing plan shall be based upon maki g the following findings: (a) The phasing plan includes all land contained within the approved preliminary plat. including areas where off-site improvements are being made. (b) The sequence and timing of development is identified on a map. (c) Each phase shall meet all pertinent development standards on its own. The phase cannot rely on future phases for meeting a y City codes. (d) Each phase provides adequate circulation and utilities. Public Works has determined that all street and other public improvements. including but not limited to drainage and erosion control Improvements are assured. (e) All phases shall be recorded within the five year life of the preliminary plat. unless an extension is granted. 17.14.060 Expiration Period The subdivision shall expire unless a complete application within five years from the date of preliminary plat approval, extension not to exceed one year. for final plat approval is submitted The City Council may approve one ..... on..is ... ..... ncf 3r ..... ate. ........ i'a Sections: 17.16.010 17.16.020 17.16.030 17.16.010 Chapter 17.16 DETAILED PROCEDURES FOR BINDING SITE IMPROVEMENT PLAN (BSIP) Purpose. Scope. Preliminary Binding Site Improvement Plan Ap rRoval. Review procedures. 29 17.16.050 17.16.0640 17.16.0-750 17.16.08E0 17.16.010 Required improvements- Final Aapproval of plan. Improvements. Revision of plan. Purpose. This chapter is established to accommodate the division of land for the purpose of sale or lease of property within an integrated commercial or industrial center. which allows d' Bindn:g>St intended t. evelapmer mprovemenl offer flexili 17.16.020 Scope. • 1. 1• - si• •V-1 -1 • -1 _•• ma designated -for zoned, commercial or industrial = - - - = e: e - - = - which is and being divided for the purpose of sale or lease consistent with the terms of this chapter. -when pan merr ►os Any land e- esedures—and 17.16.030 Application-roguirements Preliminary Binding Site Improvement Plan Approval. (a) Application/Fees - The following items are required. in quantities specified by DCD. for a complete Binding Site mprovement Plan Aapplication. Items may be waived if in the judgment of the Short • I_r • ••S _ (1) Completed Binding Site Improvement Plan Application Form as prescribed by the DCD Director with fee. (2) Completed Application Checklist. (3) A complete SEPA Checklist application if project is not exempt from SEPA. (4) Complete applications for other required land use approvals. 30 ''.`.'l'�t,'+,?ttr."iq'r•NF��r,St`,k?}YA:O:�A'ltil:'+"?'M":..?:.s.Yr-r�.vnf•r.-,:.......p,.-. ...�,,..., ..,., .. - ......... (5) A vicinity map showing location of the site. (6) A survey prepared to the standards identified in TMC Section 17.04.060. (7) Site and development plans which provides the following information (b)--T-he—site ) The plan shall be a neat and accurate on a decimal scale sufficient in size and detail to demonstrate the BSIP meets the ordinance requirements. on sheets 18" x 24" or larger: elfawiRg-by-a-land-6141Veyer---014 cepr-edusible-matefial—at-a-eteGimal-sGale:. -e• e •• e od, etreets, for-the-use-ef-the4aRd, el • nGrwefuRelatale-fee-of-$2004Q. _._e••e..• ze e A) The owners of adjacent land and the names of any adjacent subdivisions.: B) Lines marking the boundaries of the existing lot(s) (any existing lot to be eliminated should be a dashed line and so noted).: C) Locations of existing and proposed public street rights-of-way and private access easements D) Location, floor area and setbacks of all existi g structures on the site. E) Lot area. lot line dimensions and average widths for each lot. F) Location of proposed new property lines and numbering of each lot. G) Location. dimension and purpose of existing and proposed easements. Provide recorded documents which identify the nature and extent of existing easements. H) Location of any proposed dedications. Existing and proposed topography at two foot contour intervals. J) Location of any sensitive areas (slopes 20% or greater. wetlands or watercourses) on or adjacent to the site. • • - • • fl - • II - buffer. facilities and roads to serve the lots. E..- -• i• w • 6.1 • -filo • _• i• •1•• elevations of the buildings. • • 1 • I.. - • • • - • 1 Tukwila. 31 z 2• Uj 6 C.) • 0 u) • UJ WI -J CO IL. Wo g • < (P.. F - Z 0 Z W u j 2 0 O -• U2 0 1- W • Wo z Luc.) co P o (10) Parking Calculations to demonstrate that the met. (11) Proposed cross easement and maintenance utility and landscaping improvements. requirements of Chapter 18_56 have been agreement for shared parking. circulation (12) Legal descriptions of the all tracts located within the boundaries of the short plat. (13) Items contained in Section 18.104.060 TMC not already listed above. 17.16.010 (b) Review procedures. An application for binding site improvement plan shall be reviewed and acted upon in the same manner prescribed in Section 17.0812.0620 for short subdivision. (c) Approval Criteria (a) £fl Prior to approval of any binding site improvement plan, the Short Subdivision Committee shall insure that the following improvements are provided to sufficiently service the anticipated uses throughout the proposed plan and the decision criteria below are met: ?o'�E F3r'.�nsi;::i.a&IS:xrS:M�isai�k;a Adequate water supply. Adequate sewage disposal. Appropriate storm drainage improvements. Adequate fire hydrants. Appropriate access to all anticipated uses within the plan. Provision for all appropriate deed, dedication, and/or easements. Monumentation of all exterior tract corners. (2) The site is zoned commercial or industrial and meets the definition of an integrated site. (3) Appropriate easements and maintenance agreements for shared facilities. including but pot limited to. circulation, parking. utilities and landscaping. has been provided. (4) When taken as a whole. and not considering any interior lot lines. the integrated site meets all the zoning and subdivision requirements. (5) Modifications to the minimum zoning standards for individual lots located within the integrated site. including setbacks. parking, landscaping. lot area and lot dimension are not detrimental to the public health. safety and welfare. do not adversely affect the rest of the integrated site or other properties in the vicinity. Air Rti Nx#izxY 32 ".t{!!G"�1MJ'p,YR �e:?""3+�v��•.•.sgnCK�aywx>�;r,�:twe.�.� (6) Common improvements necessary to serve any particular phase of development must be sufficient for meeting the zoning and subdivision requirements for that phase. (7) Access to the integrated site meets the subdivision ordinance standards. Access within the site provides for safe and efficient circulation and meets Fire Department access requirements. (8) The circulation system incorporates appropriate provisions for safe pedestrian activity to the site from the street and from building to building within the site. (9) The sign regulations shall be applied to the integrated site as a whole. For example. the number of freestanding signs allowed is based on there being one site. Individual ownership's within the integrated site are not considered to be separate sites in determining_ the number of freestanding signs allowed. (10) The yard requirements of the Uniform Building Code are met, 17.16.0640 Final Approval of plan. (a) Prior to the plan being granted final approvaled, ' a survey. prepared by a licensed surveyor to the standards contained in TMC 17.04.060 shall be submitted to the Short Subdivision Committee with the final plan. The survey and plan shall assura ectall e ease el -the -land be consistent with the preliminary approval. (b) Once the Short Subdivision Committee determines the survey. plan and other documents for recording are consistent with the preliminary approval it will the -plan -must be certified for filing by the chairman of the Short Subdivision Committee -before -itis -filed. (c) After being certified for filing by the Short Subdivision Committee, I3.12inding site improvement plans and survey shall be filed by the applicant with the Department of Records and Elections, and a copy of the recorded instrument documents shall be returned to the Office Department of Community Development prior to issuance of any building permits for construction within the site. The applicant shall pay all costs associated with this filing. 17.16.070 . Improvements. til im �IlNrs ?„{ ti'F7tif`Y'nNY;n]jrt uNPwyrrntir;i4 M;�r.+ g rr; 33 (b) Prior to the issuance of a building permit for construction within a binding site improvement plan, all requited improvements required to adequately service that portion of the plan for which the building permit will be issued shall be installed or bonded ° in accordance with Section 17.24.030 TMC. 17.16.080 Revision of plan. Alteration of an approved and recorded binding site improvement plan shall be accomplished by application to the Short Subdivision Committee as set forth in Section 17.16.030, and shall be subject to all procedures and requirements established in this chapter. Chapter 17.20 DESIGN AND IMPROVEMENT STANDARDS FOR THE SUBDIVISION OF LAND Sections: 17.20.010 17.20,020 17.20.02$0 these Applicability. Improvements. Supervision. Inspections and Permits Required. General Standards sideration. 17.20.010 17.20.050 Grading. Streets. atanaaras>na+r...... Organized by`:'::Residentia basic tty the same rggari A ................... :o i olid 'C'ommercial zonng,ll�his to 17.20.010 ase= Applicability. ivisinns. Because todupiica0.gnwithin :the cad The standards contained in this chapter are to be used as the basic standards for addressing the approval criteria for subdivisions. short plats. boundary line adjustments and binding site !1• •V -II -I ! -IS .- •- .I it-ki It is the purpose of this chapter to provide for t 34 17.20.020 Improvements. Supervision. Inspections and Permits Required (a) 1• - Required improvements — Every subdivider may be required to grade and pave streets . I - . . . t - w u• II -1 -i -I -1• • II w- - mains. fire hydrants. street lights and name signs. together with all appurtenances in accordance with specifications and standards of this code. approved by the Public Works Department. and in accordance with other standards of the City. (b) Supervision and inspection — A licensed engineer or engineering firm. acceptable to the Department of Public Works. shall be responsible for the supervision and inspection of all subdivision improvements. AU improvements shall be certified in writing as completed in accordance with plans and specifications as approved by the Department of Public Works, (c) Permits — Prior to proceeding with any subdivision improvements. the subdivider shalt obtain those permits from the City as are necessary: The subdivider is also responsible for complying with all applicable permit requirements of other Federal. State and local agencies. 17.20.0210 sideration -General Standards. (a) Environmental Considerations. al Unsuitable -land: Land which contains a sensitive area or its buffer as defined in Title 18, or is subject to the flood zone control ordinance as defined in Chapter 16.52, shall be platted to reflect the standards and requirements of the sensitive areas overlay zone, Chapters 18.45, the planned residential development overlay if required pursuant to Chapter and -18.46, : _ _ : _ _ _ _ - - _ _ = = _ _ : , and/or the flood zone control ordinance, Chapter 16.52. (b2) Trees: In addition to meeting the requirements of the tree ordinance (ch. 18.54). Egvery reasonable effort shall be made to preserve existing trees and vegetation, and integrate them into the subdivision's design,. The subdivider shalt by preparing submit a tree inventory of the significant vegetation on site as part of the application for preliminary short plat or subdivision application. 4720=038 kb) Compatibility with existing land use and plans. (a1) Buffer between uses: Where single-family residential subdivisions are to be adjacent to multiple -family, commercial or industrial land use districts, and where natural separation does not exist, adequate landscape buffer strips and/or solid fences for screening shall be provided. (b2) Conformity with existing plans: The location of all streets shall conform to any adopted plans for streets in the City. If a subdivision is located in the area of an officially designated trail, provisions may be made for reservation of the right-of-way or for easements 35 ......„nvMs7M.yq.4te3r....ctr; to the City for trail purposes. The proposed subdivision shall respond to and complement City ordinances, resolutions, and comprehensive plans. (3) Consideration should be given to enhancing pedestrian access to shoreline areas. This may include providing or upgrading direct access to the shoreline or providing or upgrading access to a recognized cross connection which links the shoreline with upland parks and public areas. (4) Other City Regulations: All subdivisions shall comply with all adopted City regulations. In the event of a conflict. the more restrictive regulation shall apps. 850-0 Streets. (al) Extension: Proposed street systems shall extend existing streets at the same or greater width, unless otherwise approved by the Department of Public Works and authorized by the City Council in approval of the plat. Where appropriate, streets shall be extended to the boundaries of the plat to ensure access to neighboring properties. The City's goal is to have an integrated system of local streets rather than a system of cul-de-sacs. Grading of steep topography may be necessary to achieve this objective. However, in sensitive areas, the layout and construction of streets shall follow the standards and procedures of the sensitive areas overlay zone. (b2) Names: All proposed street names or numbers shall be subject to approval by the Department of Community Development. (G) Intersections: Any intersection of public streets, whatever the classification, shall be at right angles as nearly as possible and not be offset insofar as practical. (4) Street Layout: Chapter 17.21 MINIMUM STANDARDS FOR RESIDENTIAL SUBDIVISION DESIGN Sections: 17.21.010 Conformance required. 17.2'1.020 Street layout. s roade. 17.21.010 Public rights of way. 17.21.010 C :y %'tiff' xJ a#fi i S Edw:PFtlsNt3t-449: 7hpo `• l§ " "'4; :' vrir 36 PCt" i„IL „2. r�r.» P+i.Mf•�w�r_w.gr.....:�!�:F"'ta°.y, �:.w�.v�ar.;ra... a:�e tarru.+.r,,natareo 47,24020—Street-layout t..=• . r e= . - . - . • Z ••• r r • Street layout shall provide for the most advantageous development of the subdivision, adjoining areas, and the entire neighborhood. Evaluation of street layout shall take into consideration potential circulation solutions. While it is important to minimize the impact to the topography from creating an integrated road system, improved site development and circulation solutions shall not be sacrificed to minimize the amount of cut and fill requirements of the proposal. Where sensitive areas are impacted, the standards and procedures for rights-of-way in the sensitive areas overlay zone shall be followed. 4724.030 (5) Private access roads: may be authorized if: (4A) Allowing private access roads in the area being subdivided will not adversely affect future circulation in neighboring parcels of property; and (2D) Adequate and reasonable provisions are made for the future maintenance and repair of the proposed private access roads; and (3D) The proposed private access roads can accommodate potential full (future) development on the lots created; and (4D) For residential subdivisions, T1he proposed private access roads do not serve more than four Tots nor are more than 200 feet in length. Those access roads 150 feet or greater in length shall have a turn around built to Fire Department standards. When private access roads are authorized, the easement width shall be a minimum of 30 feet, -and (E) For commercial and industrial subdivisions, W'ihen private access roads are authorized, there shall be a minimum easement width of 40 feet. With the exception of minimum easement widths, private access roads shall be designed and constructed in accordance with the Department of Public Works standards, and zoning setbacks shall be required as though the easement were a public right-of-way. 4-7.24.040 (6) Public Roads -riffs -of -wad. 1.81(a) ---Right and—toP99FaPhy, paving The following minimum street widths for streets right-of-way and shall apply unless short plats. Right-of-way and paving widths for public roads shall be based on the table 37 below. The minimum paving and right-of-way width shall be used unless the City Engineer demonstrates a wider width is needed due to site circumstances, including but not limited to topography. traffic volume. street pattems. on-street_parking. lot patterns. land use and bike and transit facilities. that justify an increase in width. Type of street Major Arterial Secondary Arterial Collector Local Street Cul De Sas Roadway Turnaround Alley Right of—way—Pavement 80 feet 60 feet 75 foot 48 feet 60 foot 36 feet 50 feet* 30 -feet 40 feet 26 -feet 80 foot dia. 60 feet dia. 20 foot 1-5 feet Type of Street Right -of -Way Roadway Pavement Principal Arterial 80 - 100 feet 48 - 84 feet Minor Arterial 60 - 80 feet 36 - 64 feet Collector Arterial 60 feet 24 - 48 feet Access Road 50 feet 28 - 36 feet Cul -De -Sac Roadway 40 feet 26 feet Turnaround Amy 80 feet (diameter) 60 feet (diameter) 20 feet 15 feet Private Access Roads 30 feet 20 feet (Ob) Design: The design and alignment of all public streets shall conform to the following standards unless otherwise approved by the Department of Public Works: ;G:o pre ens ve PI ocat access :throe asiz (i3) Cul-de-sacs — Cul-de-sacs are not allowed unless there is no reasonable allowed. they shall not exceed a length of 600 feet, „PPP '"?i.`L ?':9":47...3" ;:;a7,Q c p.00 !,. 38 Prjli (j13)Street grades — Street grades shall not exceed 15%. However, provided there are no vehicular access points, grades may be allowed up to 18%, for not more than 200 feet when: • (A) Exceeding the grades would facilitate a through street and connection with the larger neighborhood; • (B) The greater grade would minimize disturbance of sensitive slopes; and • (C) The Fire Marshal grants approval of the grade transition. • (9) Tangents, standards. (5) Hhorizontal curves Minim of Public Works standards. Vie:: requiremen urre� nti° : str"e s:itdards'The 'work improvement butting; topographical t ...s e e -vertical curves,.---Changes-in-grade and Rright-of- improvements shall conform to Department below f is #hat abut the subdivision to is amay o�r.<:maynot: be;:re cured to be i d rationale :i at the s bdi is ori s� crew#iri `the' ee for f ..... ;.....:.:::. :. e' ;subd vision a -006N ovides;;the appropriate tirr :: nstal :....::.:d;:;;;: ibis may not be possible in many slltuaa mitations is suich ;a ';case '< the decision matter has a o•tn:; ran be improve mprove o. minirnu n>u` `raked for #idose.: (C) Full width improvement: When interior to a short plat of five or more Tots or subdivision. all publicly owned streets shall be designed and installed to full width improvement as provided below: (i) Shall be graded as necessary to conform to Department of Public Works standard& (ii) Shall be of asphaltic concrete according to Department of Public Works standards. (iii) Shall have permanent concrete curbs and gutters according to Department of Public Works standards. (iv) Shall have storm drains consisting of the proper size pipe and catch basins: sizes • •- _•• •V-• • 1- D -•_111-1 • I. 1 • • • 1- • • 1 le- 18 • the preliminary plat. a. WI • -k -L • •vi•-• . - 11.1. 1 11 • 1 11! •V-11-1 .! .111• 1- •- 11- - • 1- 1.1 • _ • .1 - - • 11• - Tots or subdivision shall provide the full improvements on the half of the street adjacent to the site. provided additional paving may be required to ensure safe and efficient roads to exist to 39 ir�.t•'... .r•Th�'I. v 1 . .. •. - .. ,t X12 serve the subdivision: provided further that there are no physical obstructions to completing the other half of the roadway: and that there is a minimum of 20 feet of paving. (d) Utilities: All utilities designed to serve the subdivision shall be placed underground and, if located within a sensitive area, shall be designed to meet the standards of the sensitive areas overlay zone. Those utilities to be located beneath paved surfaces shall be installed, including all service connections, as approved by the Department of Public Works; such installation shall be completed and approved prior to application of any surface materials. Easements may be required for the maintenance and operation of utilities as specified by the Public Works Department. (1)Sanitary sewers — pecifsally-a°° _ agencies; sSanitary sewers shall be provided to each lot at no cost to the City and designed in accordance with City standards. Septic systems may be installed when approved by the Seattle -King County Department of Public Health and the existing sewer system will not be available to the lot within the life the preliminary approval. (2) Storm drainage of all -suras The storm drainage collection system shall meet the requirements of the City's stormwater ordinance standards. (3) Water system — Each lot within a proposed subdivision shall be served by water by a The water distribution system, - - - - - - - - - _ - - - - - = designed and installed in accordance with City standards. Locations of fire hydrants and flow rates shall be in accordance with City standards and the Uniform Fire Code. ze (fe) Blocks: (1) Length — Residential 8klocks should not be less than 300 feet nor more than 1,000 feet in length, 000 - 2.000 feet for commercial and industrial areas). Where circumstances warrant for the purpose of implementing the Comprehensive Plan, the Planning Commission may require one or more public pathways of not less than six feet nor more than 15 feet in width rr;:r•^zr>: ..i a.. r. rt2.N. •Y .... ... ... .err .. 40 either by dedicationed in the City, or easement to extend entirely across the width of the block to connect public rights-of-way. (2) Width — Blocks shall be wide enough to allow two tiers of Tots, except where abutting a major street or prevented by topographical conditions or size of the property, in which case the Planning Commission may approve a single tier. (3) Pedestrian Considerations - Blocks. roads and pedestrian improvements shall be designed to provide a safe. convenient and pleasant pedestrian network. (gf) Lots: (1)Arrangement — Insofar as practical, side lot lines shall be at right angles to street lines or radial to curved street lines. Each lot must have access to a public street that is approved at the time of plat review; however, rather than designing flag Tots, access shall be accomplished with common drive easements. Locatio (2)Mium-size Lot design — The size jot area. width, shape, and orientation of -lets shall jm appropriate for the location of the subdivision, for the type of development and land use contemplated. and shall conform with the requirements of the Zoning Ordinance. meet or (3) Corner lots — Corner lots may be required to be platted with additional width to allow for the additional side yard requirements. (4)Through Tots — Residential through lots are discouraged not-enseuraged, and shall only be approved if there is a topographic or traffic safety concern preventing double -tiered lots. Approved through lots shall be permitted access to only one street, unless otherwise approved by the Department of Public Works, and shall provide a 15 -foot rear yard buffer of native vegetation. (hg) Treoo Landscaping: (1) Each lot within a new subdivision or short plat of five lots or greater shall be landscaped with at least one tree in the front yard to create a uniform streetscape. -1! -! 10 I. •1 • 11 �. , 41 {M1`owee:!'�i1.7 T1,4r ??A $Si t9d^,: M?.; Ay,wLw.t?1hr,:Kl+:ctt't«la+t re..*,.,r.n<;•y„�,.-..r..n�„ _r .�.. ..�, n.�...�,n �, . .. (ib) : (-1)Mer entc-- (-2)Street signs — The subdivider shall be responsible for the initial cost of any street name or number signs, or street markings, including installation thereof, that Public Works finds necessary in for the subdivision as required by the Department of Public Works. (I) Lighting - Street lighting shall conform to the Department of Public Works standards unless the City Council requires alternative fixtures. poles and/or spacing to contribute to an overall design concept of the subdivision, (j) Monumentation (1) Imprinted Monument: All monuments set in subdivisions shall be at least one-half (1/2) inch x twenty-four (24)- inch steel bar or rod or equivalent, with durable cap imprinted with -.-._llb- • - al•s �- .- 0 s -( l• 1• -. (2) Centerline Monument: After paving except as provided in subsection (5) below. monuments shall be driven flush with the finished road surface at the following intersections: (A) Street centerline intersections. (B) Points of intersection of curves if placement falls within the paved area: otherwise. at the beginnings and endings of curves. (C) Intersections of the plat boundaries and street center lines. (3) Property Line Monumentation: All front corners. rear corners. and beginnings and be e wi idle. c • .r•v•-• . -l•1 • • • s . . •• l• w. -r- b ar o c r -.•/•r •- -I e o.0 l-. - i0 i- b- •r•v•-• b • l f • - •l •l -• •l v - .-l. w f on - •.s • c b .- -1• u • s l- •- • -• 0 • • • e • l • I an. a• as h • - • • . - l • •l - - 1- l- .- 1 • t •l l-1 - •l *I 11-I -. •. •o•• - • n of line only and not for distance. 42 9��+,p�r rn�m, R7.•: Vit!! 7 _`Y1 r...n� I1- •1 . 1- • . • 1 . 1 •1 1 .- .1 . 1- 1-11c1111-1 • Works. and if the developer guarantees such interior monumentation. (5) Postmonumentati_on Bonds: In lieu of settino interior monuments prior to final plat - • . 1• - • •VI.-• 1 c . -••V- Di -c • 11- •• • in an amount and with surety and conditions satisfactory to the Directoror other secure 11- 1•• - 1- D • 11 •v• 1• • .10 1• 1- - setting of the interior monuments. Se&tiess 17.28.010 :e _ e . - . 17.28.010 17.28.050 1),11 17.28.070 17.28.080 17.28.090 17.28.010 Conformance required. y Full width improvement. Private access roads. Railroads. Blockc. Lots. Conformance required. plats-BF-laIRAiRQ-site-IR3pF0Y6m6RtiaIaRs, Collector Local Street C.ui-Deus : 75 feet 60 feet 60 feet 18 feet Roadway 50 feet 18 feet Turnaround 80 feet dia. 60 feet dia. Alley 20 feet 20 feet ........ r..rwn4.AYdlY/M�'A�'eFLNSM1i;.h�MaiN9;wnury rt"++';'kWY.r'v 43 (c) AI aids: Rg-ts-BepaRmeRt-et (d) All streets shall have ct prelifainacy-p (e) Where deemed neceecary by the -Planning -Gem is i wed -ata (f) All streets shall-have-stfeet-lighting-,-leeatedands trees -at -full -firth: circulation -in -neighboring -pa ble- b " ly affect future the-lets-created: 44 Z =-.z � W QQ � JU U0 NO CO 11J III I=.. LL W0 2 u- _ co =w F— _ z F. I- 0 z�- w w UD 0- 0E- wW II 0 III z OCO z Length =--•-•=" - 17.28.090 Lots. (2) Corner lots et -lines - et -lines -Of {Ord. 1014(part), 1977) 45 Z • • W UO J H W WO 2 g a • a • w Z= �O Zui~ U � O P - O H wW 1- U.. FE; WZ U - O ~ Z Sections: 17.24.010 17.24.020 17.24.030 Chapter 17.24 PROCEDURES FOR PUBLIC IMPROVEMENTS Plans and Permits Required for Public Improvements Process for Installing Public Improvements Improvement Agreements and Financial Guarantees Section 17.24.010 Plans and Permits Required for Public Improvements Approval of a preliminary plat. short plat. binding site improvement plan or boundary line adjustment shall constitute approval for the applicant to develop construction plans and •- •1 -•V-l1'l •1 •Ill - l - • - • -i 11 1-► z ~ w 00 CO ww J LL w0 approval. design standards, and any special conditions required by the City Council: to obtain permits and complete installation for said improvementst: and to prepare a final plat. plans 5 surveys and other documents for recording. c =w F- zF- 1-- o Zto~ UD 0- 0 ►- w U. 1 0z Ili U= 0 I' Prior to installing improvements. the developer shall apply for all required permits for those improvements. The applications shall include development plans as specified on the application form. Section 17.24.020 Procedure for Installation Improvements installed by the developer of the subdivision or short plat either as a requirement or of the subdividers own option. shall conform to the requirements of this title and improvement standards. specifications. inspections and procedures as set forth by the Department of Public Works. and shall be installed in accordance with the following procedures: (a) Work shall not be commenced until plans have been checked for adequacy and approved by Public Works to the extent necessary for the evaluation of the subdivision or short plat proposal. The plans may be required before approval of the final plat. Plans shall be prepared in accordance with the requirements of the City. (b) Work shall not commence until Public Works has been notified in advance and if work has been discontinued for any reason. it shall not be resumed until Public Works has been notified. (c) Public improvements shall be constructed under the inspection and to the satisfaction of the Director of Public Works. The City may require changes in typical sections and details if unusual conditions arise during construction to warrant the change. (d) All underground utilities. sanitary sewers and storm drains installed in the streets by the developer of the subdivision or short plat shall be constructed prior to the surfacing of streets. Stubs for service connections and underground utilities and sanitary sewers shall be placed to a length precluding the necessity for disturbing the street improvements when surface connections are made. tw'e.Y.Y�W.�.�•+�:�-n.<.rt �.n ....... .r, 46 z - -I l• 19 •,_ 119 • improvements. It *l'W 1 1- !, 0 1 91 !I - 17.24.030 Improvement Agreements and Financial Guarantees. 1.• — 11 -1 • r • 1 * • -11 e s• B- or- a SU OO v i n h o 1 • *1 • - di le site improvement plan or boundary line adjustment is finally approved the subdivider shall install ove - 1 s - id re or - 'air any such improvements which are damaged in the development of the subdivision. In lieu of installation of all required improvements. the subdivider ara • 11.1- 'o -s_ -• 111* 11 - 1 w 1 1- -1 -• -- 11 -1 • 1 - ei 0 1 . • • ve e together with any needed replacement or repair The agreement shall: (1) Specify the period of time within which all work required shall be completed. The time for completion shall not exceed one year from the date of final approval of the subdivision. The agreement may provide for reasonable extensions of time for completion of work. Extensions must be requested. approved by the City Council. and properly secured in advance of the required initial completion date: (2) Require notice by the subdivider to the Public Works Director promptly upon completion of all required improvements: .(3) Provide for notice of approval or disapproval by the Public Works Director of the improvement within a reasonable time after receiving notice of completion: (4) Require financial security to be provided by the subdivider pursuant to subsection Ic: below: (5) Provide that if the subdivider fails to complete all required work within the period specified, - -A* s-10 1 a c 1- •-v-I..-r' 0 s • • - . • 0, Of 1 reasonable time not to exceed ninety days from the date of demand: (6) Provide that if the required improvements are not completed within that time. the City may take action to require the subdivider forfeit the financial security: (7) Provide that the City shall be entitled to recover all costs of such action including reasonable attomey's fees: the subdivider. 47 (b) Agreement for Maintenance of Improvements: Regardless of whether all required improvements are completed prior to final approval of any subdivision of land. as a condition of such approval the subdivider shall execute an agreement to assure successful operation of said improvements, The agreement shall: (1) Require the subdivider to post a bond or other financial security to secure successful operation of all required improvements and full performance of the developer's maintenance obligation, Such financial security shall be effective for a two-year period following approval of installation of all required improvements. (2) Require the subdivider to perform maintenance functions on drainage improvements for a period of time not to exceed two years from approval of their completion or final plat approval, whichever is later. Such maintenance functions shall be specified by the Public Works Director and Mall be reasonably related to the burdens which the subdivision will impose on drainage facilities during the time maintenance is required. The City Council may -gree to accept and perform maintenance of the improvements. in which case the subdivider's obligation to perform maintenance functions shall terminate: (3) Not relieve the subdivider of liability for the defective condition of any required improvements discovered following the effective term of the security given: (4) A waiver by the subdivider of all claims for damages against any governmental authority which may occur to the adjacent land as a result of construction. drainage and maintenance of the streets and other improvements. (c) Form of Financial Security: To assure full performance of the agreements required herein. the subdivider shall provide one or more of the following in a form approved by the City Attorney: (1) A surety bond executed by a surety company authorized to transact business in the State of Washington: (2) An irrevocable letter of credit from a financial institution stating that the money is held for the purpose of development of the stated project (3) An assignment of account with a financial institution which holds the money in an account until such time the City signs a written release. The assignment of account will allow the City to withdraw the funds in the event the provisions of the agreement are not met: (4) A cash deposit made with the City of Tukwila. (d) Amount of financial security: The financial security provided shall be 150% of the estimated cost of the improvements to be completed and all related engineering and incidental expenses. - II•l _ll -I - •I _I• • -P. _ •l • -1 ••• • - II _ • - - •I . • s meeting current Public Works drawing standards of the "as -built" improvements, The subdivider shall provide an estimate of these costs for acceptance by the Public Works Director, 48 r�'is��iSl')^4�ry�^;,;n?.:.f'".K.;."�.:���!�w�.'�.7 .ritp;�•K��.v^ *_i :�nr ra; xa+rJ i7 . . . It . —111- . 1- 1, as . —V—a- .L making a claim against the developer for any defective work if such is discovered within two years after the date of completion of the work. Chapter 17.32 EXCEPTIONS, PENALTIES, SEVERABILITY, LIABILITY Sections: 17.32.010 Exceptions. 17.32.020 Penalties. 17.32.030 City not liable. 17.32.040 Severability. 17.32.010 Exceptions. (a) Exception Criteria: Exceptions from the requirements of this code may be granted when undue hardship may be created as a result of strict compliance with the provisions of this code. Any authorization for exception may prescribe conditions deemed necessary or desirable for the public interest. An exception shall not be granted unless: (1)There are special physical circumstances or conditions affecting said property, such that the strict application of the provisions of this code would deprive the applicant of the reasonable use or development of his land; and (2)The exception is necessary to insure such property rights and privileges as are enjoyed by other properties in the vicinity and under similar circumstances; and (3)The granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity. (b) Procedures: An application for any exception from this code shall be submitted in writing by the subdivider, as part of the application for short subdivision, binding site improvement plan, or preliminary plat. Such application shall fully state all substantiating facts and evidence pertinent to the request. (1) Short subdivision — A short subdivision or binding site improvement plan exception shall be reviewed by the Short Subdivision Committee in conjunction with review of the short subdivision or binding site improvement plan application. The decision of the Short Subdivision Committee shall be final and conclusive unless appealed in accordance with the appeal procedure for Type 2 decisions set forth in TMC 18.108.020. (2) Preliminary plat — A preliminary plat exception shall be considered by the City Council at the same time the public hearing is conducted for the preliminary plat. The decision of the City Council shall be final and conclusive. Pfl4v�Feki3-eSr�sO�ni� .�'':' 49 :.gin- .�. .,...._,mma... : sns�xr ^'•: 111" a A.....-.>r�� .•.�,.,�.,_ - 17.32.020 Penalties. Any violation of any provision, or failure to comply with any of the requirements of this chapter, shall be subject to the terms and conditions of Chapter 8.45. 17.32.030 City not liable. This code shall not be construed to relieve from or lessen the responsibility of any person owning any land or building, constructing or modifying any subdivisions in the City for damages to anyone injured or damaged either in person or property by any defect therein; nor shall the City or any agent thereof be held as assuming such liability by reason of any preliminary or final approval or by issuance of any permits or certificates authorized herein. 17.32.040 Severability. If any section. subsection, clause or phrase of this code is for any reason held to be unconstitutional. such decision shall not affect the validity offhe remaining potions of this code. Amend the zoning ordinance as follows: 18.06.005 General definitions . Except where specifically defined in this chapter, all words used in this title shall carry their customary meanings. Words used in the present tense include the future, and the plural includes the singular; the word "he" or "his" shall also refer to "she" or "her," the word "shall" is always mandatory, the word "may" denotes a use of discretion in making a decision; the words "used" or "occupied" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied." 18.06.010 Abandoned Mine Areas "Abandoned mine areas" means those areas directly underlain by, adjacent to, or affected by mine workings such as adits, tunnels, drifts, or air shafts. 18.06.015 Access road . "Access road" means that portion of a driveway which provides access to one or more parking lot or area, provides access to more than one property or lot, or may provide internal access from one street to another. This shall not include that portion of driveways whose primary function is to provide direct access to adjacent parking spaces and which, as a secondary function, also provides circulation within parking areas. 50 .$k��iY45t:,bR`N'�VK9tl'!13'Nh;+i+�:vssvc rsaY,+ua.c'w x3t?ws:'"n!msSrtt�ra!?nc'^i••,•.,,«;H+uFtt!uva..Irlvylfl•,..ny:avf�rx.+.F.'x7+tY!C5`is"':i�H:+n�^.C^:r:t�!ac;nM.G .'"?�t.?t»+;ry'.^rd'Y:21.� `)SL.fler crrrrrr-errrtry 18.06.020 Adult day care. "Adult day care" means a facility which provides supervised daytime programs where up to six frail and/or disabled adults can participate in social, educational, and recreational activities led by paid staff and volunteers. 18.06.025 Adult entertainment establishments . A. "Adult entertainment establishments" means adult motion picture theaters, adult drive-in theaters, adult bookstores, adult cabarets, adult video stores, adult retail stores, adult massage parlors, adult sauna parlors or adult bathhouses, which are defined as follows: 1. "Adult bathhouse" means a commercial bathhouse which excludes any person by virtue of age from all or any portion of the premises. 2. "Adult bookstore" means a retail establishment in which: a. 30% or more of the "stock -in -trade" consists of books, magazines, posters, pictures, periodicals or other printed materials distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas"; and/or b. Any person is excluded by virtue of age from all or part of the premises generally held open to the public where such material is displayed or sold. 3. "Adult cabaret" means a commercial establishment which presents go-go dancers, strippers, male or female impersonators, or similar types of entertainment and which excludes any person by virtue of age from all or any portion of the premises. 4. "Adult massage parlor" means a commercial establishment in which massage or other touching of the human body is provided for a fee and which excludes any person by virtue of age from all or any portion of the premises in which such service is provided. 5. "Adult motion picture theater" means a building, enclosure, 'or portion thereof, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein. 6. "Adult retail store" means retail establishment in which: a. 30% or more of the "stock -in -trade" consists of items, products or equipment distinguished or characterized by an emphasis on or simulation of "specified sexual activities" or "specified anatomical areas"; and/or b. Any person is excluded by virtue of age from all or part of the premises generally held open to the public where such items, products or equipment are displayed or sold. 7. "Adult sauna parlor" means a commercial sauna establishment which excludes any person by virtue of age from all or any portion of the premises. 8. "Adult video store" means a retail establishment in which: a. 30% or more of the "stock -in -trade" consists of prerecorded video tapes, disks, or similar material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas"; and/or b. Any person is excluded by virtue of age from all or any part of the premises generally held open to the public where such prerecorded video tapes, disks or similar material are displayed or sold. B. "Specified anatomical areas" means: 51 1. Less than completely and/or opaquely covered human genitals, pubic region, buttock, or female breast below a point immediately above the top of the areola; 2. Human male genitals in a discernibly turgid state even if completely or opaquely covered. C. "Specified sexual activities" means: 1. Acts of human masturbation, sexual intercourse or sodomy; or 2. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast; or 3. Human genitals in a state of sexual stimulation or arousal. D. "Stock -in -trade" means: 1. The dollar value of all products, equipment, books, magazines, posters, pictures, periodicals, prerecorded video tapes, discs, or similar material readily available for purchase, rental, viewing or use by patrons of the establishment, excluding material located in any storeroom or other portion of the premises not regularly open to patrons; or 2. The number of titles of all products, equipment, books, magazines, posters, pictures, periodicals, other printed materials, prerecorded video tapes, discs, or similar material readily available for purchase, rental, viewing or use by patrons of the establishment, excluding material located in any storeroom or other portion of the premises not regularly open to patrons. 18.06.030 Adult family home. "Adult family home" means a regular family abode of a person, or persons, licensed by the State of Washington to provide personal care, room and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services. 18.06.035 Alley . "Alley" means a public thoroughfare or way usually having a width of not more than 20 feet which affords only a secondary means of access to abutting property and is not intended for general traffic circulation. 18.06.040 Apartment house . "Apartment house" means any building or portion thereof which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the home or residence of five or more families living independently of each other and doing their own cooking in the building. 18.06.045 Applicant. "Applicant" means a property owner or a public agency or public or private utility which owns a right-of-way or other easement, or has been adjudicated the right to an easement pursuant to RCW 8.12.090, or any person or entity designated in writing by the property or easement owner to be the applicant for a project permit, and who requests approval for a project permit. 18.06.050 Area, site. "Site area" means the total two-dimensional horizontal area within the property lines excluding external streets. 'f"'gni'Aidk•�'.`' k'".". "�s 4i;2ci1'ki��fe"'S"v'4 i4'Y(itu"�''* `.,gym'. 52 tiLfi;S,'�, ^Cr};ray.h��,{'.`lutk!ri*?+£iSiiCu'iR�N'Rte.�tey�rr,^��Nrxyt,Ya;v,,wffr.sat�}tia.: in.�rn,J:.Sni it i7:;r.+'<'fi'!: 8.06.055 Areas of potential geologic instability . "Areas of potential geologic instability" means those areas subject to potential landslides and/or potential seismic instabilities. 18.06.060 Basement . "Basement" means that portion of a building between floor and ceiling which is all or partly below grade. If the finished floor level directly above a basement is more than two feet above grade for more than 20% of the total perimeter or is twelve feet above grade as defined at any point, such basement shall be considered as a story. 18.06.065 Bed -and -breakfast lodging . "Bed -and -breakfast lodging" means an owner -occupied dwelling unit that contains guest rooms where lodging, with or without meals, is provided for compensation. 18.06.070 Best Management Practices. "Best management practices (BMPs)" means conservation practices and management measures which serve to protect trees, including the following practices: 1. Avoiding physical damage to tree trunk, branches, foliage and roots; 2. Restricting the movement, operation, and location of construction materials and equipment to avoid the area under a tree canopy; 3. Minimizing adverse changes in drainage conditions around tree roots; 4. Minimizing adverse changes to the chemical, physical, structural, and organic characteristics of soil around tree roots; 5. Those conservation practices defined by the State of Washington Department of Agriculture, Washington State Department of Ecology, and International Society of Arborists as intended to protect trees. 18.06.xxx Binding Site Improvement Plan. "Binding Site Improvement Plan" means an improvement plan processed in accordance wjth Chapter 17.16. which is legally binding on the land owner. his heirs. successors and assigns. 18.06.xxx Block. "Block" means a group of Tots. tracts or parcels. which have been subdivided. and are entirely surrounded by highways or streets or in part by a well-defined or fixed boundary. 18.06.075 Buffer. "Buffer" means an area separating two different types of uses or environments for the purpose of reducing incompatibilities between them, or reducing the potential adverse impacts of one use or environment upon the other. 18.06.080 Building . "Building" means a structure as defined in this definitions chapter. When a total structure is separated by division walls without openings, each portion so separate shall be considered a separate building. 53 K.iafrt£�'f!'!*RYsl�v�w�Dy^t��'XSC4ns�aitti't!i Ro•� •,eyyt��rryc�:�r•,.nc•,•:^. rn��fi�,•.yrn-, I)mft:4"!Tr``il:�Ss, ?•x„`. ...!!:{'T.'tt+1K•. .�«.y..��a.uy,yA.. 18.06.085 Building, accessory . "Accessory building" means a subordinate building, the use of which is incident to the use of the main building on the same lot. 18.06.090 Building area . "Building area" means the total ground coverage of a building or structure which provides shelter, measured from the outside of its external walls or supporting members or from a point four feet in from the outside edge of a cantilevered roof. 18.06.095 Building, detached . "Detached building" means a building surrounded on all sides by open space. 18.06.100 Building height. "Building height" means the vertical distance measured from the average elevation of the proposed finished grade around the building to the highest point of a flat roof and to the mean height between eaves and ridge of a pitched roof. 18.06.105 Building line. "Building line" means the line of face or comer of part of a building nearest the property line. 18.06.110 Building, nonconforming . "Nonconforming building" means a building or structure which does not conform in its construction, area, yard requirements or height to the regulations of the district in which it is located. 18.06.115 Building permit. "Building permit" means a permit for construction in accordance with specific approved plans that are on file with the DCD. 18.06.120 Bus station . "Bus station" means a facility providing connections between buses serving different inter -city routes. 18.06.125 Caliper "Caliper" means the American Association of Nurserymen standard for measurement of trunk size of nursery stock. Caliper of the trunk shall be taken 6 inches above the ground. 18.06.130 Canopy . "Canopy" means an area encircling the base of a tree, the minimum extent of which is delineated by a vertical line extending from the outer limit of a tree's branch tips down to the ground. 18.06.135 Canopy cover. "Canopy cover" means the cumulative areal extent of the canopy of all trees on the site. 54 41,14VIgi4V.14:4 18.06.140 Certified arborist. "Certified arborist" means an arborist certified by the International Society of Arboriculture or National Arborist Association. 18.06.145 Clearing . "Clearing" means removal or causing to be removed, through either direct or indirect actions, any vegetation from a site. Actions considered to be clearing include, but are not limited to, causing irreversible damage to roots or trunks; poisoning; destroying the structural integrity; and/or any filling, excavation, grading, or trenching in the root area of a tree which has the potential to cause irreversible damage to the tree. 18.06.150 Clinic . "Clinic" means a building designed and used for the medical, dental and surgical diagnosis and treatment of patients under the care of doctors and nurses and/or practitioners. z H w re 00 UU w• = u) a. wo LLQ 18.06.152 Closed record appeal. z a "Closed record appeal" means a quasi-judicial appeal to a hearing body designated by this z w chapter from a decision regarding a project permit application that was made after an open record E.,. O hearing. Testimony and submission of relevant evidence and information shall not be permitted at I- 111 a hearing on such an appeal. The hearing on such an appeal shall be limited to argument based 2 D on the testimony, evidence and documents submitted at the open record hearing conducted on o N the project permit application. o F- w w • U 18.06.155 Club .1-- P "Club" means an incorporated or unincorporated association of persons organized for a social, w z education, literary or charitable purpose. U O 1. F' 18.06.160 Compensatory mitigation . "Compensatory mitigation" means replacing project -induced wetland and buffer losses or impacts, and includes, but is not limited to, the following: 1. Restoration: Actions performed to reestablish wetland and its buffer functional characteristics and processes which have been lost by alterations, activities or catastrophic events within an area which no longer meets the definition of a wetland; 2. Creation: Actions performed to intentionally establish a wetland and its buffer at a site where it did not formerly exist; 3. Enhancement: Actions performed to improve the condition of an existing degraded wetland or its buffer so that the functions it provides are of a higher quality. 18.06.165 Comprehensive Plan . "Comprehensive Plan" means the adopted City of Tukwila Comprehensive Plan. 18.06.170 Constructed wetlands or watercourses . 55 z "Constructed wetlands" or "constructed watercourses" means those wetlands or watercourses which an applicant can demonstrate were intentionally created from nonwetland or nonwatercourse sites, including, but not limited to, irrigation and drainage ditches, grass -lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape amenities; and does not mean those wetlands and watercourses created through compensatory mitigation. ¢ • w 18.06.175 Cooperative parking facility .re 2 "Cooperative parking facility" means an off-street parking facility shared by two or more buildings -o or uses. o cnw 18.06.180 Coverage . "Coverage" means the percentage of the area of a lot which is built upon or used for business or w o commercial purposes. 18.06.xxx Cul-de-sac, u "Cul-de-sac" means a street having one end open to traffic and being terminated at the other w end by a circular vehicular turn -around. z F- o 18.06.185 Curb -cut. w w "Curb -cut" means a depression in the roadside curb for driveway purposes which provides access to a parking space on private premises from a public street. o N oF- 18.06.190 Dangerous waste . 0 "Dangerous waste" means those solid wastes designated in WAC 173-303-070 through 173-303- o 103 as dangerous waste. z U= 18.06.195 Day care center. o "Day care center" means a state licensed agency which regularly provides care for a group of z children during part of the 24-hour day. 18.06.xxx Dedication. "Dedication" means a deliberate appropriation of land by its owner for any general and public uses. reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. 18.06.200 Density transfer. "Density transfer" means a percentage number which represents a credit for housing units which are not allowed to be built in wetlands, watercourses or their buffers. The density transfer is used in a formula for determining the number of residential units allowed on the buildable portion of a lot containing wetlands, watercourses and their buffers. 18:06.202 Department. "Department" means the Department of Community Development. 56 .r+yA `'iifl9n n ,:rr'"..�, F.i{'.,7'".^,;ti. ��. ...:P.v �S..y.�i,'a�M7,."2i11YS'.C�`stn!p(''A,7;!?'9w2'•"!;7'1%t??n,:N•N:+vtuN�9"i5t"IY,A,'Yr'MrtiSgxtT.N 18.06.205 Designated facility zone. "Designated facility zone" means a zoning district in which hazardous waste treatment and storage facilities are allowed uses, subject to the State siting criteria designated in RCW 70.105. 18.06.210 Development. a "Development" means the construction, reconstruction, conversion, structural alteration, relocation W or enlargement of any structure that requires a building permit. 2 JU 18.06.215 Development area . c.) o co `Development area means the impervious surface area less the following surfaces: the footprint of an exclusive recreational facility; a proportion of a recreational facility footprint when contained J 1- within a general use building as follows: the portion of the footprint area occupied by a uj p recreational facility divided by the number of floors in that portion of the building; vehicle circulation 2 aisles between separate parking areas; sidewalks; paths; and other pedestrian/recreation facilities g a clearly designed to enhance the pedestrian environment. u) a 18.06.220 Diameter/diameter-breast-height (d.b.h.) Z x "Diameter/diameter-breast-height" (d.b.h.) means the diameter of any tree trunk, measured at 4.5 i..- p feet above average grade. w ui w 0 D"Director" means the Director of the Department of Community Development. o i- ww 8.06.230 District. u. ro: u. "District" means an area or district accurately defined as to boundaries and location on the official w z zoning map and within which district only certain types of land uses are permitted. 6' w 1 _ 8.06.235 District, overlay . z "District, overlay" means a set of zoning requirements that is described in the title text, mapped, and is imposed in addition to those of the underlying district 8.06.225 Director. 18.06.240 Driveway . "Driveway" means a private road giving access from a public way to a building or abutting grounds. 18.06.245 Dwelling, manufactured home or mobile home . "Manufactured home dwelling" or "mobile home dwelling" means a detached residential dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing an insignia issued by the State of Washington certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards for manufactured homes. 57 peri.+^,:•wwittkr•:.�;n�_a+IRS{grfn,ryk:3Y.tisW:Tr.at^!1.m�:.lnzrpni!u*I�xrp:+"h'Nyr+tr"uxY'.sr'•N'pit+...;.;+".wyr.�ni7!Wts!y.''M9i!�±mF2h-:.r�+Sry,,�c's�a�+. 18.06.250 Dwelling, multi -family. "Multi -family dwelling" means a building designed to house two or more families living independently of each other. Duration of tenancy in multi -family dwellings is not less than one month. z 18.06.255 Dwelling, single-family. W "Single-family dwelling means a detached residential dwelling unit other than a mobile or ce ue manufactured home, designed for and occupied by one family only, which includes modular _Jo o homes which are factory -built, transportable in one or more sections, and meet the Uniform co 0 Building Code. J i 18.06.260 Dwelling unit. w o "Dwelling unit" means a building or portion thereof providing complete housekeeping facilities for 2 one family physically separated from any other dwelling units which may be in the same structure. g LL a co 18.06.265 Emergent wetland. 1. w "Emergent wetland" means a regulated wetland with at least 30% of the surface area covered by z erect, rooted, herbaceous vegetation as the uppermost vegetative stratum. z o w 18.06.270 Essential public facility. m o "Essential public facility" means a facility which provides a basic public service, provided in one of o u2 the following manners: directly by a government agency, by a private entity substantially funded o F- or contracted for by a government agency, or provided by a private entity subject to public service z 0 obligations (Le., private utility companies which have a franchise or other legal obligation to LL o provide service within a defined service area). z w Uc 18.06.275 Essential root zone. F. I- "Essential root zone" means the area located on the ground between the tree trunk and 10 feet z beyond the canopy. 18.06.280 Essential use. "Essential use" means that use for the preservation or promotion of which the use district was created and to which all other permitted uses are subordinate. 18.06.285 Essential street, road, right-of-way or utility. "Essential street, road, right-of-way or utility" means a utility facility, utility system, street, road or right-of-way where no feasible alternative location exists based on an analysis of technology and system efficiency. 18.06.290 Extremely hazardous waste. "Extremely hazardous waste" means those solid wastes designated in WAC 173-303-070 through 173-303-103 as extremely hazardous waste . 58 ilf�tlM, epnZy�tG�!Cgr�:st2M!.�r rn rxr 18.06.295 Family. "Family" means: one person; two or more persons related by blood, marriage or adoption; a group of two or more disabled residents protected under the Federal Fair Housing Act, who are not related by blood, marriage or adoption, living together as a single housekeeping unit; a group of five or fewer residents, who are not related by blood, marriage or adoption, living together as a single housekeeping unit; or a group living arrangement where five or fewer residents receive supportive services such as counseling, foster care, or medical supervision at the dwelling unit by resident or non-resident staff. For purposes of this definition, minors living with at least one parent or guardian shall not be counted as part of the maximum number of residents. 18.06.300 Family child care home. "Family child care home" means a state -licensed facility in the family residence of the licensee providing regularly scheduled care for 12 or fewer children, including children who reside at the home, within an age range of birth through 11 years, exclusively for periods less than 24 hours. An off-street parking space shall be made available for any non-resident employee. 18.06.305 Fast food restaurant. "Fast food restaurant" means an establishment whose principal business is the sale of foods, frozen desserts, or beverages served in or on disposable containers for consumption while seated within the building or in a vehicle or incidentally within a designated outdoor area, or for takeout with consumption off the premises. 18.06.310 Fence. "Fence" means a wall or barrier for the purpose of enclosing space, separating parcels of land or acting as a screen or protective barrier. 18.06.315 Filling. "Filling" means the act of transporting or placing (by any manner or mechanism) fill material from, to, or on any soil surface, natural vegetative covering of soil surface, or fill material (including temporary stockpiling of fill material). 18.06.xxx Final Plat. "Final Plat" means the final drawing of the subdivision and dedication prepared for filing for record with the Department of Records and Elections, and containing all elements and requirements setforth in the subdivision code. 18.06.320 Fire lane. "Fire lane" means an aisle, lane or roadway on an improved site which is designed, constructed and required for emergency access of fire and aid unit vehicles. 18.06.325 Floor area. "Floor area" means the sum of the gross horizontal areas of the floors of a building or buildings, measured from the exterior walls and from the centerline of divisions walls. Floor area includes basement space, elevator shafts and stairwells at each floor, mechanical equipment rooms or attic 59 spaces with headroom of 7 feet 6 inches or more, penthouse floors, interior balconies and mezzanines, enclosed porches, and malls. Floor area shall not include accessory water tanks and cooling towers, mechanical equipment or attic spaces with headroom of less than 7 feet 6 inches, exterior steps or stairs, terraces, breezeways and open spaces. z 18.06.330 Floor area ratio. "Floor area ratio" means the total floor area of a building(s) on a site, exclusive of any specific z exceptions, divided by the total site area. re w JU 18.06.335 Forested wetland. U o "Forested wetland" means a regulated wetland with at least 20% of the surface area covered by trees greater than 20 feet in height. -J F- w0 18.06.340 Fraternal organization. 2 "Fraternal organization" means a group of people formally organized for a common interest, Q usually cultural, religious or entertainment, with regular meetings, rituals and formal written u membership requirements. I w z= 18.06.345 Garage, private. F- p "Private garage" means sheltered or enclosed space designed and used for the storage of motor w w vehicles or boats of the residents of the premises. 2 o U� 18.06.350 Garage, public. 0 I— "Public garage" means a building or portion thereof designed and used for the storage, repair or i 0 servicing of motor vehicles or boats as a business. I-' p: LIo ..z 18.06.355 Geologist. v cn "Geologist" means a person who has earned a degree in geology from an accredited college or o university, or a person who has equivalent educational training and has experience as a practicing z geologist. 18.06.360 Geotechnical engineer. "Geotechnical engineer" means a practicing, geotechnical/civil engineer licensed as a professional civil engineer with the State of Washington who has at least four years of professional employment as a geotechnical engineer with experience in landslide evaluation. 18.06.365 Grade. "Grade" (adjacent ground elevation) means the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point five feet distant from said wall, or the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and the property line, if it is less than five feet distant from said wall. In case walls are parallel to and within five feet of a public sidewalk, alley, or other public way, the grade shall be the elevation of the sidewalk, alley or public way. weak'<r'a1"4 '4 60 K'J' aV'7,1;h; .y,, r,.,•Nm,..Ngot.��jn,:cr_ rniTLAIGIIISW . ,. 18.06.370 Grading. "Grading" means any excavating, filling, clearing, or the creation of impervious surface, or any combination thereof, which alters the existing surface of the earth. 18.06.375 Gross leasable floor area. z "Gross leasable floor area" means that part of the floor area of any structure which is actually i used from time to time for any commercial purposes, such as a sales area, display area, CL W walkways or storage area. This definition shall exclude such areas as basements not used for 5 storage space, elevator shafts and stairwells at each floor, mechanical equipment rooms or attic • p spaces, exterior covered loading docks, and malls.O w 1- = 18.06.380 Groundcover. • u. "Groundcover" means trees, shrubs and any other plants or natural vegetation which covers or u j 0 shades in whole or in part the earth's surface. u.Q 18.06.385 Hazardous substance.N D d "Hazardous substance" means any liquid, solid, gas or sludge, including any material, substance, w product, commodity or waste, regardless of quantity, that exhibits any of the characteristics or z i -- criteria of hazardous waste as defined by WAC 173-303. w o w 18.06.390 Hazardous substance processing or handling. 2 o "Hazardous substance processing or handling" means the use, storage, manufacture, production, p or other land use activity involving hazardous substances. Hazardous substances processing and ° i - handling activities do not include individually packaged household consumer products or i o quantities of hazardous substances of less than five gallons in volume per container.w o .z 18.06.395 Hazardous tree. Lii co o "Hazardous tree" means a tree with a structural defect or disease, or which impedes safe vision or P I - traffic flow, or otherwise currently poses a threat to life or property. z 18.06.400 Hazardous waste. "Hazardous waste" means and includes all waste as defined in this definitions chapter and all extremely hazardous waste as defined in this definitions chapter. 18.06.405 Hazardous waste storage. "Hazardous waste storage" means the holding of hazardous waste for a temporary period. Accumulation of waste on the site of generation is not storage as long as the storage complies with applicable requirements of WAC 173-303. 18.06.410 Hazardous waste treatment. "Hazardous waste treatment" means the physical, chemical, or biological processing of dangerous waste to make such wastes nondangerous or less dangerous, safer for transport, or amenable for energy or material resource recovery. Knfl:aFyrJ�lsktur�w+wsu»an+ .: 61 18.06.415 Hazardous waste treatment and storage facility, off-site. "Off-site hazardous waste treatment and storage facility" means the treatment and storage of hazardous wastes from generators on properties other than that on which the off-site facility is located. z 18.06.420 Hazardous waste treatment and storage facility, on-site. 1 W "On-site hazardous waste treatment and storage facility" means the treatment and storage of hazardous wastes generated on the same site. U0 UD J = w w0 2 18.06.430 Home occupation. 5 "Home occupation" means an occupation or profession which is customarily incident to or carried c on in a dwelling place, and not one in which the use of the premises as a dwelling place is largely z w incidental to the occupation carried on by a member of the family residing within the dwelling Z place; provided, that: 0 1. There shall be no change in the outside appearance of the surrounding residential w w development; 2. No home occupation shall be conducted in any accessory building; c=i co 3. Traffic generated by such home occupations shall not create a nuisance; o 4. No equipment or process shall be used in such home occupation which creates noise, w w vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot; 1 5. The business involves no more than one person who is not a resident of the dwelling; o and LLi � 6. An off-street parking space shall be made available for any non-resident employee. 1 I 0 18.06.425 High impact environment. "High impact environment" means the area between the low -impact environment and a point 200 feet landward from the mean high water mark. 18.06.435 Hospital. "Hospital" means a building designed and used for the medical and surgical diagnosis, treatment and housing of persons under the care of doctors and nurses. Rest homes, nursing homes, convalescent homes and clinics are not included. 18.06.440 Hotel. "Hotel" means a building or portion thereof designed or used for the transient rental of five or more units for sleeping purposes. A central kitchen and dining room and accessory shops and services catering to the general public can be provided. Not included are institutions housing persons under legal restraint or requiring medical attention or care. 18.06.44 5 Impervious surface. "Impervious surface" means those hard surfaces which prevent or retard the entry of water into the soil in the manner that such water entered the soils under natural conditions prior to development; or a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to 62 z development. Such surfaces include, but are not limited to, rooftops, asphalt or concrete paving, compacted surfaces or other surfaces which similarly affect the natural infiltration or runoff patterns existing prior to development. 18.06.450 Infrastructure. "Infrastructure" means the basic installations and facilities on which the continuance and growth of a community depend, such as roads, public buildings, schools, parks, transportation, water, sewer, surface water and communication systems. 18.06.xxx Integrated site, "Integrated site" means a commercial or industrial zoned properly for whish a Binding Site Improvement Plan is being or has been approved and recorded. The site typically contains within it multiple tracts of land under separate leasehold or ownership. but functions as a single center. Characteristics of an integrated site includes commonly shared access_ parking. utilities. s'gnage and landscaping: the site is not bisected by a public or pri ate street and zoning and sign regulations are applied to the entire site. as if there were no interior property lines. 18.06.455 Isolated wetlands. "Isolated wetlands" means those wetlands which: 1. Are outside of and not contiguous to any lake, river or stream, in accordance with current State and federal regulations; and 2. Have no contiguous hydric soil and hydrophytic vegetation between the wetland and any regulated surface water. 18.06.460 Junk yard. "Junk yard" means a lot, land or structure, or part thereof, used for the collection, storage and sale of waste paper, rags, scrap metal or discarded material; or for the collecting, dismantling, storage, salvaging and sale of parts of machinery or vehicles not in running condition. 18.06.465 Kennel. "Kennel" means a place where four or more dogs or cats or any combination thereof are kept. 18.06.470 Laboratory, medical and dental. "Medical or dental laboratory" means premises devoted to sample testing or product development in any branch of medicine or dentistry, including the application of scientific principles in testing, analysis, or preparation of drugs, chemicals or other products or substances but specifically excluding the commercial manufacturing or storage and distribution operations in excess of 20,000 square feet of floor area. 18.06.475 Land -altering activity. "Land -altering activity" means any activity that results in change of the natural cover or topography, as defined in TMC 16.54, Land Altering. 63 tr z w JU U 0 No -J � w wO 2 u.? =w co zI- I- 0 w~ Uuj� O N O H wW O Cuz co O 1— z 18.06.480 Land -altering permit. "Land -altering permit" means a permit for land -altering activity issued by the City of Tukwila pursuant to TMC 16.54, Land Altering. 18.06.xxx Land surveyor. "Land surveyor" means an individual registered in accordance with the provisions of RCW 18.43 and licensed to perform land surveys in the State of Washington. 18.06.485 Landscape architect. "Landscape architect" means a person licensed by the State of Washington to engage in the practice of landscape architecture as defined by RCW 18.96.030. 18.06.490 Landscaping or landscaped areas. "Landscaping or landscaped areas" means natural vegetation such as trees, shrubs, groundcover, and other landscape materials arranged in a manner to produce an aesthetic effect appropriate for the use to which the land is put. 18.06.xxx Lease. "Lease" means a contract or agreement whereby one party grants to another party general or limited rights. title or interest in real property. This definition is intended to apply to those agreements which are ordinarily considered "ground leases". and shall not apply to those which are ordinarily considered "space leases." 18.06.495 Loading space. "Loading space" means a space which is on the same site with the principal use served and which provides for the temporary parking of a vehicle while loading or unloading merchandise, materials or passengers. 18.06.500 Lot. "Lot" means a physically separate and distinct parcel of property which has been created by plat, short plat or binding site plan, or which by reason of its ownership history, was used as a separate legal building site prior to the requirement that Tots be created by plat, short plat or binding site plan. 18.06.505 Lot area. "Lot area" means the total horizontal area within the boundary lines of a lot and exclusive of street right-of-way, AF street easement. or private access roads authorized pursuant to the subdivision ordinance. 18.06.510 Lot, corner. "Corner lot" means a lot abutting two or more streets or parts of the same street forming an interior angle of less than 135 degrees within the lot lines. 64 q �4t�4'.ti!Ci'��i�'l�?.'�:::1'}iw8,4ti'iw'r �5'i��.�."a%i�S�• �'J+..ACR,ukr. 18.06.515 Lot coverage. "Lot coverage" means the surface of the subject property covered with impervious surface, other than outdoor pools. 18.06.520 Lot depth. "Lot depth" means the mean dimension of the lot from the front street line to the rear line. 18.06.525 Lot frontage. "Lot frontage" means that front portion of a lot nearest the street, except-eQn a corner lot which both frontages shall be considered front yards. z w JU U0 00 J H LL 18.06.530 Lot lines. w o "Lot lines" means the property lines bounding the lot; except that in MDR and HDR zones, lot lines g a shall also include the curbline or edge or easement, whichever provides a greater width, of any co adjacent 'access roads'. _ el z'- 18.06.535 Lot, interior. 0 "Interior lot" means a lot other than a comer lot with only one frontage on a street. w ujF- U92� "Through lot" means a lot fronting on two streets that do not intersect on the parcel's lot lines. o h- 18.06.540 Lot, through. 18.06.545 Lot width. ww "Lot width" means the mean horizontal distance between lot side lines. LL z 18.06.550 Low impact environment. F "Low impact environment" means the area between the River Environment and a point 100 feet o ~ landward from the mean high water mark having environmentally protective land use regulations as established in the Shoreline Overlay District chapter of this title. 18.06.555 Major adjustment. "Major adjustment" means an adjustment determined by the Director as a major change in a final development plan which changes the basic design, density, open space or other substantive requirements or provisions. 18.06.560 Mall. "Mall" means an enclosed public area, typically a concourse, designed as a pedestrian walkway along rows of shops and often set with landscaping and/or seating. 18.06.565 Manufactured/mobile home park. "Manufactured/mobile home park" means a master planned development consisting of a grouping of manufactured or mobile home dwellings, and may include park management offices and ' 65 111.1qq-e ,y S•'�Mu.!fN,iP.K�t III N6 accessory community facilities for the exclusive use of park residents, such as recreation, laundry or storage facilities. 18.06.570 Mean high water mark. "Mean high water mark" means the elevation of the surface of Green River and Duwamish River waters when the discharge rate at the U. S. Geological Survey Stream Gauging Station, Green River near Auburn (121130), is 9,000 cfs and as determined by maps on file with the City Clerk. 18.06.575 Mining and quarrying. "Mining and quarrying" means removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits, greater than 50,000 cubic yards cumulative. 18.06.580 Minor adjustment. "Minor adjustment" means any change which is not determined by the Director to be a major change. 18.06.585 Motel. "Motel" includes tourist cabins, tourist court, motor lodge, auto court, cabin court, motor inn and similar names. A motel is a building or buildings, detached or in connected units or designed as a single structure, the units of which are used as individual sleeping or dwelling units having their own private toilet facilities, and may or may not have their own kitchen facilities, and are designed primarily for the accommodation of transient automobile travelers. Accommodations for travel trailers are not included. 18.06.590 Nonconforming use. "Nonconforming use" means the use of land which does not conform to the use regulations of the district in which the use exists. 18.06.592 Open record appeal. "Open record appeal" means a quasi-judicial appeal to a hearing body designated by this chapter from a decision regarding a project permit application that was made without an open record hearing. Testimony and submission of relevant evidence and information shall be permitted at the hearing on such an appeal. 18.06.594' Open Record Hearing "Open record hearing" means a quasi-judicial hearing conducted by a hearing body which creates the official record regarding a permit application. Oral testimony and submission of relevant evidence and documents shall be permitted at such a hearing. 18.06.595 Open space. "Open space" means that area of a site which is free and clear of building and structures and is open and unobstructed from the ground to the sky. 66 �:Ti M9AffiT^4n�M1.`1oW/xwx',ryrvF.Wi+R'xs+.dxlki'.n.1eN^;m!it('+<:'•2;c7tVPet:3RCiM"rl:`f`f!*T��M.re.:vc4l.r4'Ti'.r'td:'x9�n�i. V:,, 18.06.600 Open space tract. "Open space tract" means a tract that is established to preserve open space, and which is recorded on all documents of title of record for all affected Tots and subsequent owners. 18.06.605 Ordinary high water mark. a • "Ordinary high water mark (OHWM)" means the mark that will be found by examining the bed and 1 w banks of a stream and ascertaining where the presence and action of waters are so common and ce 2 usual as to distinctly mark the soil from that of the abutting upland, in respect to vegetation. UO 18.06.610 Parcel. w w "Parcel" means a tract or plat of land of any size which may or may not be subdivided or ...I 1 - improved. N LL w0 18.06.615 Parking space. 5 "Parking space" means an off-street parking space which is maintained and used for the soleu. purpose of accommodating a temporarily parked motor vehicle and which has access to a street z w or alley. Z ►- O 18.06.xxx Performance bond or guarantee. w "Performance bond or guarantee" means that security to ensure installation of certain required improvements which may be accepted to defer those improvements when such a deferrment is 8 warranted and acceptable to the City. c wW 18.06.620 Performance standards. 10 "Performance standards" means specific criteria for fulfilling environmental goals, and for u.z beginning remedial action, mitigation or contingency measures, which may include water quality w N standards or other hydrological, geological or ecological criteria. O 18.06.625 Person. "Person" means any legal entity recognized by the State of Washington for the purpose of assigning legal responsibility, to include - but not limited to - individuals, partnerships, corporations, associations, commissions, boards, utilities, institutions, and estates. 18.06.630 Plan. "Plan" means a sketch, survey or other drawing, photograph or similar document which may be a part of the set of permit drawings or construction documents, sufficient for the Director to make a final permit decision. 18.06.635 Planned Residential Development (PRD). "Planned residential development (PRD)" means a form of residential development characterized by a unified site design for a number of dwelling units, clustered buildings, common open space, and a mix of building types. The PRD is an overlay district which is superimposed over the underlying district as an exception to such district regulations, as processed through procedures specified in the Planned Residential Development District chapter of this title. 67 or -to � s•,.?*.pM.M.rtaW�rv�'kvk1.Yn'1V,wN,�rzra�,�D;i.l��.k+vn:.wr.tr^nv....,x z 18.06,xxx Planning Commission. • -I i• •111 •I U - a •o• •-i1-• u •- . • A - .V - 1/ i •- Code. 18.06.xxx Plat. "Plat" means a map or representation of a subdivision. showing thereon the division of a tract or parcel of land into Tots. blocks. streets, and alleys or other division and dedications. 18.06.xxx Preliminary plat, "Preliminary plat" means a neat and approximate drawing of a proposed subdivision or short plat. showing the general layout of streets and alleys, lots. blocks, utilities. and restrictive covenants to be applicable to the proposal. and other elements of a plat which shall furnish a basis for the approval or disapproval of the application. z _1- z rew JU 00 (0o Luw WL wo 18.06.xxx Principal building. u "Principal buildi g" means the principal structure on a lot or building site designed or used to z w accommodate the primary use to which the premises are devoted. 18.06.xxx Private access road. "Private access road" means a minor. privately owned and maintained road which serves to ? o provide access to lots as authorized pursuant to TMC Sections 17.24.030 and 17.28.050. o ot-- W "Property owner" means the owner of record for a site, or his or her authorized representative. 18.06.645 Protected tree/protected vegetation. iii N "Protected tree/protected vegetation" means tree or area of understory vegetation identified on an approved landscape plan to be retained and protected during construction. 18.06.640 Property owner. 18.06.650 Protection measure. "Protection measure" means the practice or combination of practices (e.g. construction barriers, protective fencing, tree wells, etc.) used to control construction or development activity, where such activity may impact vegetation which is approved for retention in a Tree Clearing Permit. 18.06.655 Protective fencing. "Protective fencing" means the temporary fence or other structural barrier installed to prevent permitted clearing or construction activity from adversely affecting vegetation which is approved for retention in a Tree Clearing Permit. 18.06.657 Public meeting. "Public meeting" means an informal meeting or workshop to provide public information regarding a project permit application and to obtain comments about the application from the public. The information gathered at such a meeting does not constitute part of the official record regarding a project permit application. 1:^Q!N4 kW sMstvc.r,� 68 18.06.660 Reach. "Reach" means a segment of a watercourse with uniform characteristics. 18.06.665 Recreation space. "Recreation space" means covered and uncovered space designed and intended for active and/or passive recreational activity including but not limited to tennis courts, swimming pools, cabanas, playgrounds, playfields, or wooded areas, and specifically excluding any parking area, driveway, or rockery. 18.06.670 Recreation space, covered. "Covered recreation space" means an area of ground covered or overlaid by an artificial or manmade surface, such as rooftops or pavement. 18.06.675 Recreation space, uncovered. "Uncovered recreation space" means an area of ground characterized by a natural surface, such as lawn, forests, or sandboxes (for children's play). 18.06.680 Regulated wetlands. "Regulated wetlands" means ponds or lakes 30 acres or less and those lands subject to the "wetland" definition contained in this chapter. Isolated wetlands that are 1,000 square feet or smaller in area may not require compensatory mitigation. 18.06.685 Residence. "Residence" means a building or structure, or portion thereof, which is designed for and used to provide a place of abode for human beings. 18.06.xxx Right-of-way. "Right-of-way" means a City -owned strip of land to be used for public roads. bike ways. sidewalks. 11- u o u'1- - . -. . 111 18.06.690 River channel. "River channel" means that area of the river environment lying riverward of the mean high water mark. 18.06.695 River environment. "River environment" means the area between the mean high water mark and a point 40 feet landward from the mean high water mark, having the most environmentally protective land use regulations as established in the Shoreline Overlay District chapter of this title. 18.06.xxx Roadway. "Roadway" means that improved portion of a street intended for the accommodation of vehicular traffic, generally within curb lines. 69 ry'lrSYdroT{ 5 18.06.700 Sanitarium. "Sanitarium" means a facility designed and used for the care, treatment and housing of persons with specific chronic diseases. Convalescent homes are not included. 18.06.705 Screening. "Screening" means a continuous fence and/or evergreen landscaped planting that effectively conceals the property it encloses. 18.06.710 Sensitive area buffer. "Sensitive area buffer" means an area Tying adjacent to but outside a sensitive area as defined by this Title, whose function is to protect sensitive areas from the potential adverse impacts of development, land use, or other activities. A wetland or watercourse sensitive area buffer also provides critical habitat value, bank stabilization, and water overflow area functions. 18.06.715 Sensitive area regulated activities. "Sensitive area regulated activities" means any of the following activities which are directly undertaken or originate in a regulated wetland or watercourse or their buffers: 1 Removal, excavation, grading or dredging of soil, sand, gravel, minerals, organic matter or material of any kind; 2. Dumping, discharging or filling with any material; 3. Draining, flooding or disturbing the water level or water table; 4. Driving of pilings; 5. Placing of obstructions; 6. Construction, reconstruction, demolition or expansion of any structure; 7. Destruction or alteration of wetlands, watercourses or their buffers through clearing, harvesting, shading, intentional burning or planting of vegetation that would alter the character of a regulated wetland, watercourse or buffer, provided that these activities are not part of a forest practice governed under RCW 76.09 and its rules; or 8. Activities that result in a significant change to the water sources of wetlands or water courses. These alterations include a significant change in water temperature; physical or chemical characteristics, including quantity; and the introduction of pollutants. 18.06.720 Sensitive areas. "Sensitive areas" means wetlands, watercourses, areas of potential geologic instability (other than Class I areas), abandoned coal mine areas, and important geological or archaeological sites. 18.06.725 Sensitive areas ordinance. "Sensitive Areas Ordinance" means the Sensitive Areas Overlay District chapter of this title or as amended hereafter which establishes standards for land development on lots with sensitive areas (e.g. steep slopes, wetlands, watercourses, etc.). 70 bv!sA S,44 hRarxvwfrmYanr +.: r �d 18.06.730 Sensitive area tract. "Sensitive area tract" means a tract which is created to protect the sensitive area and its buffer, whose maintenance is assured, and which is recorded on all documents of title of record for all affected Tots and subsequent owners. 18.06.735 Service station. "Service station" means any area of land, including structures thereon, that is used for the sale of gasoline or other motor fuels, oils, lubricants, and auto accessories which may or may not include washing, lubricating, tune-ups, and other minor servicing incidental to this use, but no painting or major repair operations. 18.06.740 Setbacks. "Setbacks" means the distances that buildings or uses must be removed from their lot lines except that roof eaves may intrude a maximum of 18 inches into this area. 18.06.745 Shelter station. "Shelter station" means a shelter for protection from the elements for the waiting customers of a public transportation system. 18.06.750 Shopping center, planned. "Planned shopping center" means a group of architecturally unified commercial establishments built on a site which is planned, developed, owned, and managed as an operating unit related in its location, size, and type of shops to the trade area that the unit serves. The unit provides on- site parking in definite relationship to the types and total size of the stores. 18.06.755 Shopping center (mall), planned. "Planned shopping center (mall)" means the same as "planned shopping center" except that this type of shopping center maintains an enclosed mall or common concourse and has a gross leasable area of more than 25,000 square feet. 18.06.760 Shoreline. "Shoreline" means the line at mean high water surrounding any body of water of 20 acres or larger or where the mean flow is 20 cubic feet per second or greater. 18.06.765 Shoreline zone. "Shoreline zone" means a 200 -foot area surrounding any shoreline in Tukwila composed of three zones: (1) river environment, (2) low impact environment, and (3) high impact environment. 18.06.xxx Short Plat. "Short plat" means the map or representation of a short subdivision. 18.06,xxx 11 ISI _•• divisions. Short Subdivision. •a" It' a • 1 • • 1- • S 0 71 • 18.06.770 Sign. "Sign" means any medium, including paint on walls, merchandise, or visual communication device, its structure and component parts, which is used or intended to be used to attract attention to the subject matter for advertising or identification purposes. Bulletin boards and readerboards are considered to be signs. 18.06.775 Significant Tree. A "significant tree" means a tree (Cottonwood excluded) which is 4 inches or more in diameter as measured 4.5 feet above grade. 18.06.780 Site. "Site" means any legally defined section of real property, whose boundaries are recorded for purposes of assessing taxes with the County Assessor's Office. 18.06.785 Solid planting. "Solid planting" means a planting of evergreen trees and/or shrubs which will prevent a through and unobscured penetration of sight or light. 18.06.790 Story. "Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement is more than two feet above grade for more than 20% of the total perimeter or is twelve feet above grade as defined at any point, such basement shall be considered as a story. 18.06.795 Street. "Street" means a public thoroughfare which affords the principal means of access to abutting properties. 18.06.800 Structure. "Structure" means a combination of materials constructed and erected permanently on the ground or attached to something having a permanent location on the ground, but excluding all forms of vehicles even though immobilized. Not included are residential fences, retaining walls less than three feet in height, rockeries and similar improvements of minor character. 18.06.805 Structural alteration. "Structural alteration" means any change in Toad or stress of the loaded or stressed members of a building or structure. 18.06.810 Studios. "Studios" means a building or portion of a building used as a place of work by an artist, photographer, or artisan, or used for dance instruction. tai�i;:iti;Y,.i`v?1-$orc i*Y&!,H:t Ci+JtS+a�+ :• 4 .1iO .) 72 18.06.xxx Subdivision. "Subdivision" means the division or red.ivision of land into ten or more Tots. tracts. parcels. sites or divisions. 18.06.815 Substantial construction. "Substantial construction" means completion of more than 50% of the cost of work described in specified and approved plans. 18.06.820 Surveyor. "Surveyor" means a person licensed by the State of Washington to engage in the practice of land surveying, as defined by RCW 18.43.020. 18.06.825 Tract. "Tract" means a parcel of land proposed for subdivision. 18.06.830 Trailer court or park. "Trailer court or park" means any area of land occupied or designed for the occupancy of two or more travel trailers or mobile homes. 18.06.835 Trailer, travel. "Travel trailer means a vehicular portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes. 18.06.840 Transit center. "Transit center" means a location where groups of buses or other public transportation vehicles can be brought together at the same time, allowing patrons to transfer between the routes. 18.06.845 Tree. "Tree" means any self-supporting woody plant, characterized by one main trunk, with a potential diameter -breast -height of 2 inches or more and potential minimum height of 10 feet. 18.06.850 Tree clearing permit. "Tree clearing permit" means a permit issued by the Director authorizing tree clearing activities, pursuant to the general permit provisions of this title. 18.06.855 Turbidity. "Turbidity" means a cloudy condition in water due to the suspension of silt, finely divided organic matter, or other pollutants. 18.06.860 Understory vegetation. "Understory vegetation" means small trees, shrubs, and groundcover plants, growing beneath and shaded by the canopy of a significant tree, which affect and are affected by the soil and hydrology of the area surrounding the significant tree roots. 73 "+MAlvit2242,MigeigikaM2odl°tit`nt,0*uR,Avtn k,ev Rne,q..Aga.Nr, 18.06.865 Use. "Use" means the nature of the occupancy, the type of activity, or the character and form of improvements to which land is devoted or may be devoted. 18.06.870 Use, accessory. "Accessory use" means a use incidental and subordinate to the principal use and located on the same lot or in the same building as the principal use. i tt W 18.06.875 Use, conditional. JU "Conditional use" means an unusual and/or unique type of land use which, due to its nature, 0 o requires special consideration of its impacts on the neighborhood and land uses in the vicinity. CI ILIA W 18.06.880 Use, permitted. co p "Permitted use" means any use authorized or permitted alone or in conjunction with any other use 2 in a specified district and subject to the limitation of the regulations of such use district. g u.? 18.06.885 Use, primary or principal. z w "Primary or principal permitted use" means the use for which a lot, structure or building, or the Z F major portion thereof, is designed or actually employed. F- p zF- w uj 18.06.890 Use, unclassified.2 D D "Unclassified use" means an unusual, Targe -scale, unique and/or special type of land use which, o N due to its nature, requires special review of its impacts on the. community and land uses in the o !- vicinity. = w F- � 18.06.895 Unlisted use. - o z "Unlisted use" means uses which are not specifically named as permitted in any use classification di 0 contained within this title. o I 18.06.900 Utilities. "Utilities" means all lines and facilities related to the provision, distribution, collection, transmission or disposal of water, storm and sanitary sewage, oil, gas, power, information, telecommunication and telephone cable, or refuse, and includes facilities for the generation of electricity. 18.06.905 Variance. "Variance" means an adjustment in the specific regulation of this title regarding a particular piece of property as provided in the Variance chapter of this title. 18.06.910 Vegetation. "Vegetation" means living trees, shrubs or groundcover plants. 18.06.915 Vehicles. "Vehicles" means mechanical devices capable of movement by means of wheels, skids or runners of any kind, specifically including, but not limited to, all forms of trailers, recreational vehicles or mobile homes of any size whether capable of supplying their own motive power or not, without Gi,'6?;!�nEti tri: wtlnii.::s:tsiRt%:V:i :tixStiA V;:SRkr,�„aiSi"iY wig= fika 74 tr z regard to whether the primary purpose of which device is or is not the conveyance of persons or objects, and specifically including all such automobiles, buses, trucks, cars, vans, recreational vehicles, trailers and mobile homes even though they may be at any time immobilized in any way and for any period of time of whatever duration. 18.06.920 Watercourse. "Watercourse" means a course or route formed by nature or modified by man, generally consisting of a channel with a bed and banks or sides substantially throughout its length along which surface water flows naturally other than the Green/Duwamish River. The channel or bed need not contain water year-round. Watercourses do not include irrigation ditches, stormwater runoff channels or devices, or other entirely artificial watercourses unless they are used by salmonids or to convey or pass through stream flows naturally occurring prior to construction of such devices. 18.06.925 Wetland edge. "Wetland edge" means the boundary of a wetland as delineated based on the 1987 manual in use January 1, 1995 by the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers. 18.06.930 Wetlands. "Wetlands" means those areas that are inundated or saturated by groundwater or surface water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include bogs, swamps, marshes, ponds, lakes and similar areas. Constructed wetlands are not considered wetlands for the purposes of this chapter. However, those artificial wetlands intentionally created from nonwetland areas to mitigate conversion of wetlands as permitted by the City shall be considered wetlands. 18.06.935 Yard. "Yard" means a required open space unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward. 18.06.940 Yard, front. "Front yard" means a yard extending between side lot lines across the front of a lot. In MDR and HDR zones, this shall also include areas adjacent to 'access roads'. 18.06.945 Yard, rear. "Rear yard" means a yard extending across the rear of the lot between inner side yard lines. 18.06.950 Yard, second front. "Second front yard" means any yard adjacent to a public street that is not a front yard as defined in the Definitions chapter of this title. (See also the Supplemental Development Regulations chapter of this title and Figure 18-4.) 75 ^°t:�;t{p'k�`�'t, fiusSx^nims`tS1:.+iM1++�li�e+A1 18.06.955 Yard, side. "Side yard" means a yard extending from the rear line of the required front yard to the rear lot line, or in the absence of any clearly defined rear lot line to the point on the lot farthest from the intersection of the lot line involved with the public street. Amend the Sensitive Areas Ordinance as follows: re Ari urrement fort's 18.45.020 Sensitive area designation — rating methodologies — classifications and applicability. A. Applicability— This chapter applies to any use or development proposed on any legal lot of record, any portion of which is a sensitive area or a sensitive area buffer as defined in the Definitions chapter of this title, and specifically including one or more of the following and their buffers: 1. Abandoned coal mines; 2. Areas of potential geologic instability: Class 2, 3, 4 and seismic instability areas (as defined in the Definitions chapter of this title and TMC 18.45.020E); 3. Wetlands; 4. Watercourses; 5. Areas that contain archaeological remnants of value to the archaeological research community, which includes but is not limited to colleges, universities or societies of professional archaeologists, or which is designated as important to save as a record of the area's past by the State Office of Archaeology and Historic Preservation. B. Sensitive Areas Maps and Inventories 1. The distribution of many sensitive areas in Tukwila is displayed on the Sensitive Areas Maps, dated 1990, and on file with the Department of Community Development (DCD). 2. Studies, preliminary inventories and ratings of potential sensitive areas are on file with the DCD in the Sensitive Areas Notebook, dated May 1990. 3. The maps and preliminary inventories and ratings are hereby adopted by reference. The actual presence or absence of sensitive areas as defined by or otherwise referred to in this chapter and as determined by the City will govern. The actual ratings and buffers for any sensitive area will be determined by the City using the methodologies and procedures provided in this chapter for each type of sensitive area. 4. All revisions, updates and reprinting of sensitive areas maps, inventories, ratings and buffers shall conform to this chapter. C. Wetlands — For the purposes of this chapter, "wetlands" is defined in the Definitions chapter of this title. A wetland boundary is the line delineating the outer edge of a wetland established by using the 1987 manual in use on January 1, 1995 by the U.S. Environmental Protection Agency, and the U.S. Army Corps of Engineers. 76 vs'1%!,!tt'S"R7M8^''tr,�rdti;`,'+Met:�fn+..xnha�vmrtt_rsi �h+inw,���•,ctT,-..,.:,,,r�wsn•,, Wetland types and rating criteria are listed below: 1. Type 1 wetlands, those wetlands which meet any of the following criteria: a. The presence of species listed by the federal govemment or State as endangered or threatened, or the presence of critical or outstanding actual habitat for those species, b. Having 40% to 60% permanent open water in dispersed patches with two or more classes of vegetation, c. Equal to or greater than five acres in size and having three or more wetland classes, one of which may be substituted by permanent or open water; or 2. Type 2 wetlands, those wetlands which meet any of the following criteria: a. Greater than one acre in size, b. Equal to or less than one acre in size and having three or more wetland classes, c. Equal to or less than one acre, that have a forested wetland class comprised of at least 20% coverage of total surface area, or d. The presence of heron rookeries or raptor nesting trees, e. The presence of native plant associations of infrequent occurrence; 3. Type 3 wetlands, those wetlands which are equal to or less than one acre in size and that have two or fewer wetland classes. For the purposes of this section, the U.S. Fish and Wildlife Service's "Classification of Wetlands and Deepwater Habitats of the United States FWS/OBS-79/31" (Cowardin et al., 1979), contains the descriptions of wetland classes and subclasses. D. Watercourses — For the purposes of this chapter, "watercourses" is defined in the Definitions chapter of this title. The City "Watercourse Study" (1990) includes the methodology and criteria that will be used for determining watercourse ratings. Watercourse ratings are based on the existing habitat functions. Each segment or reach of a watercourse is rated individually. The rating system will score a reach point total for each side of the watercourse. Watercourse types, rating scores and rating criteria are described below. 1. Watercourse Types and Rating Scores. a. Type 1 watercourse, 21 to 33 points; b. Type 2 watercourse, 11 to 20 points; c. Type 3 watercourse, 3 to 10 points; 2. Watercourse Rating Criteria. a. Instream Features. (1) Width of watercourse: A measure of the average width of the channel at the ordinary high water mark. (2) Channel capacity: Quantifies the ability of the channel to convey high flows without flooding. (3) Channel stability: Measures the stability of the channel by evaluating evidence of bank failure, scour, and downcutting. (4) Fish use and fish habitat: Anadromous species and resident salmonid need protection measures if present. Rating depends on the number of different types of habitat present. b. Corridor Quality. (1) Width of unmaintained vegetation: A measure of the width of unmaintained vegetation from the ordinary high water mark. 77 6r,r,•Vvyrzr, atw»r.;w+a' n+rx•,," (2) Vegetation diversity: Quantifies the elements of terrestrial habitat associated with the watercourse corridor. (3) Corridor barrier function: Provides some measure of effectiveness of the buffer to limit intrusion and disturbance. (4) Surrounding land use: Evaluation of the land use immediately outside the vegetated corridor. = F-- F -z E. Areas of Potential Geologic Instability - Areas of potential geologic instability are defined in I,L g the Definitions chapter of this title, and are classified as follows: 6 D 1. Class 1 areas, where landslide potential is low, and which slope is less than 20%; i; o 2. Class 2 areas, where landslide potential is moderate, which slope is between 20% and u) lL 40%, and which are underlain by relatively permeable soils; 1- 3. Class 3 areas, where landslide potential is high, which include areas sloping between LL 20% and 40%, and which are underlain by relatively impermeable soils or by bedrock, and which w o also include all areas sloping more steeply than 40%; g 5 4. Class 4 areas, where landslide potential is very high, which include sloping areas with u_ mappable zones of groundwater seepage, and which also include existing mappable landslide i e1 deposits regardless of slope; ~ w z= 5. Areas of potential seismic instability, with soft soils, loose sand and a shallow 1_ groundwater table. w alo F. Sensitive Areas Special Studies D 0 1. Required. An applicant for a development proposal that includes sensitive areas shall o submit those studies as required by the City to adequately identify and evaluate the sensitive area w w and its buffers.2 2. Waiver. If there is agreement between the Director and the applicant concerning the u- p sensitive area classification and type, the Director may waive the requirement for sensitive area ui z studies. There must be substantial evidence that the sensitive areas classification is correct, that U there will be no detrimental impact to the sensitive areas or buffers, and that the goals, purposes, o 1 - objectives and requirements of this chapter will be followed. z 3. Review of Studies. The DCD will review the information submitted in the sensitive area studies to verify the information, confirm the nature and type of the sensitive area, and ensure the study is consistent with this chapter. G. When this chapter imposes greater restrictions or higher standards upon the development or use of land than other laws, ordinances or restrictive covenants, the provisions of this chapter shall prevail. H. All other relevant standards of this Code must also be met. 18.45.060 Procedures. When an applicant submits an application for any building permit, subdivision, short subdivision or any other land use review which approves a use, development or future construction, the location of any sensitive areas and buffers on the site shall be indicated on the plans submitted. When a sensitive area is identified, the following procedures apply. The Director may waive item numbers 1, 2, 4 and 5 of the following if the size and complexity of the project does not warrant that step in the procedures and the Director grants a waiver pursuant to TMC 18.45.020F.2. 78 1. Sensitive Areas Study and Geotechnical Report. The applicant shall submit the relevant study as required in TMC 21.04.140 and this chapter. It is intended that sensitive areas studies and information be utilized by applicants in preparation of their proposals and therefore shall be undertaken early in the design stages of a project. 2. Planned Residential Development Permit. Any new residential subdivisionesidentiat or multiple family residential proposal which includes a sensitive area or its buffer on the site shall apply for a planned residential development permit and meet the requirements of the Planned Residential Development District chapter of this title. 3. Denial of Use or Development. A use or development will be denied if it is determined by the Director that the applicant cannot ensure that potential dangers and costs to future inhabitants of the development, adjacent and local properties, and Tukwila are minimized and mitigated to an acceptable level. 4. Pre -development Conference. The applicant, specialist(s) of record, contractor, and department representatives will be required to attend preconstruction conferences prior to any work on the site. 5. Construction Monitoring. The specialist(s) of record shall be retained to monitor the site during construction. 6. On-site Identification. The Director may require the boundary between a sensitive area and its buffer and any development or use to be permanently identified with fencing, or with a wood or metal sign with treated wood, concrete or metal posts. Size will be determined at the time of permitting, and wording shall be as follows: "Protection of this natural area is in your care. Alteration or disturbance is prohibited pursuant to TMC Chapter 18.45. Please call the City of Tukwila for more information." 79 Amend the Fees (TMC Chapter 18.88) of the zoning code as follows: untie ::in+dj usme' raiatiue..d recognize::' ffe�e'rtce< csssi u. 18.88.010 Application fees. The following fees shall be paid by any applicant for a land use permit at the same time that said application is filed with the City: Type of Application Fee Comprehensive plan amendment Conditional use permit (CUP) Design review (BAR) Planned Residential Development (PRD) Reclassification (rezone) Shoreline substantial development permit Short Plat/Binding Site lmprovement Plan Street vacation Unclassified use permit (UUP) Variance Lot line adjustments Special review (parking/sign deviation, etc.) Zoning Code Amendment Preliminary Plat Final Plat $700.00 850.00 900.00 800.00 plus 100.00/acre 700.00 550.00 200.00 120.00 850.00 600.00 200.00 50.00 200.00 700.00 800.00 plus 75.00 per lot 400.00 plus 25.00 per lot Application for renewals of any land use permit, provided such renewals are specifically authorized, shall pay the same fee required for the land use permit being renewed. 76i ri • ..•t. t, ..± ,s z uwir `=:fir c'.i=txFb t;'sur ;et `I iS„ 80 ea. ai5t `n# •�unid£ue .uG • AFFIDAVITOF DISTRIBUTION ~(.G., hereby declare that: Notice of Public Hearing fl Determination of Non- significance LI Notice of Public Meeting 0 Mitigated Determination of Nonsignificance O Board of Adjustment Agenda D Determination of Significance Packet and Scoping Notice LI Board of Appeals Agenda fl Notice of Action Packet Planning Commission Agenda LI Official Notice Packet fl Short Subdivision Agenda LI Other Packet LI Notice of Application for Jj Other Shoreline Management Permit LI Shoreline Management Permit was mailed to each of the following addresses on _j_0 — 3 (�l Cp r j v Gs FOR- Q 3L( '1't/ ll-l'41(� fAiqT TO CA ( Prtilog- (0-31 (e Name of Project AlOd('ti/COSI()r) ()kid Signatur File Number /f/(P— Ot.)1 z • w JU O 0 0 wLU J 1- u_ w 0 u -Q 1C3. Iw z� 1- 0. Z w w 0 O P 0H w W tL0 Cu' O 1- z City of l ukt4gla John W. Rants, Mayor Department of Community Development PUBLIC NOTICE City of Tukwila Steve Lancaster, Director Notice is hereby given that the City of Tukwila Planning Commission will be holding a work session at 6:00 p.m., and a public hearing at 7:30 p.m., on November 14, 1996, in the City Hall Council Chambers located at 6200 Southcenter Blvd. to discuss the following: CASE NUMBER: APPLICANT: REQUEST: LOCATION: CASE NUMBER: APPLICANT: REQUEST: LOCATION: CASE NUMBER: APPLICANT: REQUEST: LOCATION: PLANNING COMMISSION PUBLIC HEARING L96-0070: Wireless Facility AT&T Wireless Services Conditional Use Permit for a Personal Communication System Base Station. 6100 Southcenter Bl., Tukwila L96-0072 City of Tukwila Update of Subdivision Ordinance City-wide. L96-0064 City of Tukwila Revisions to Tukwila Municipal Code section 18.56, Off-street Parking and Loading requirements. City-wide. Persons wishing to comment on the above cases may do so by written statement, or by appearing at the public hearing. Information on the above cases may be obtained at the Tukwila Planning Division at 431-3670. The City encourages you to notify your neighbors and other persons you believe would be affected by the above items. Published: Seattle Times November 1, 1996 Distribution: Mayor, City Clerk, Property Owners/ Applicants, Adjacent Property Owners, File. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 s Mr {t CITY OF TUKWILA DETERMINATION OF NONSIGNIFICANCE (DNS) DESCRIPTION OF PROPOSAL: SEPA for city-wide code amendments and chapter 18.56. PROPONENT: CITY OF TUKWILA DCD to TMC Title 17 LOCATION OF PROPOSAL, INCLUDING STREET ADDRESS, IF ANY: ADDRESS: PARCEL NO: SEC/TWN/RNG: LEAD AGENCY: 6200 SOUTHCENTER BL 359700-0282 (subdivisions) and TMC 18.56 (off-street parking) CITY OF TUKWILA FILE NO: E96-0033 The City has determined that the proposal does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21c.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. *************************************************************************** Thi determination is final and signed this 199(,,. eAgo-cozzki: Steve Lancaster, Responsible Official City of Tukwila, (206) 431-3670 6300 Southcenter Boulevard Tukwila, WA 98188 e-tAr% day of tD MB Copies of the procedures for SEPA appeals are available with the Department of Community Development. TO: FROM: SUBJECT: DATE: City of Tukwila Department of Community Development Memorandum Planning Commission John Jimerson, Associate Planner Subdivision Ordinance Update September 26, 1996 John W Rants, Mayor Steve Lancaster, Director The Department of Community Development has in its' 1996 work plan the task of updating the subdivision ordinance. The purpose of this meeting is to: • Review the subdivision process. • Provide an overview of changes that are proposed. • Seek direction from the Commission on policy issues. • Prepare for a work session and public hearing scheduled for October 24th. After this meeting DCD staff will prepare a draft ordinance for Planning Commission work session/public hearing and recommendation to the City Council. Why amend the ordinance? a) To bring the ordinance into compliance with state law. It was adopted in 1977 and has not kept pace with changes made to the state subdivision statute (ch. 58.17 RCW). For example: • Our ordinance says subdivisions expire after one year, whereas state law allows ,them five years. • Update the exemptions from subdivisions. • Include required findings in the decision making criteria. b) The subdivision ordinance is one of several ordinances used to implement the Comprehensive Plan. The update should consider changes in Tight of the new Plan. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 c) To update information and documentation requirements to conform to current standards. • Clarify what information is necessary on a complete application. • Update what information is necessary on a survey. • Update the standard format for a survey. d) To make editorial, procedural and administrative improvements where possible. Background Tukwila's subdivision ordinance is applicable to the creation of subdivisions (5 or more lots), short plats (4 or fewer), boundary line adjustments which create no new lots and binding site improvement plans (usually in multi -tenant commercial centers). Over the past several years, the overwhelming majority of applications have been either for short plats or boundary line adjustments. Since 1989, there have been 66 short plats (Attachment A) and 77 boundary line adjustments. During that same period there have been only two subdivisions and one binding site improvement plan. Earlier this year the City Council adopted a new ordinance which identified the approval process for various land use actions. Short plats, boundary line adjustments, binding site improvement plans and lot consolidations were identified as Type 2 permits, which means they are approved administratively. Subdivisions are Type 5 permits, and are decided by the City Council following a property noticed public hearing. Short Plats Short Plats are an administrative decision. A flow chart depicting the current approval process is contained in Attachment B. The first step is for the applicant to obtain a letter of approval from the Short Subdivision Committee (Le. the Fire and Public Works Departments and DCD). Usually within 30 to 45 days of receiving a complete application, the Short Subdivision Committee sends the letter and conditions of approval to the applicant. The applicant then has six months from the date of the approval letter to record the final short plat. To achieve that, the applicant must first install the improvements (roads and utilities), and submit to the City all the documentation (survey, maintenance agreements, road dedications, etc.) for recording. Once the City finds Page 2 the submittal meets the requirements of the approved short plat, they sign off on the plat and release it to be recorded. Applicants may record the plat before the improvements are installed if a financial guarantee (bond, assignment of account, cash deposit, irrevocable letter of credit) is provided to ensure the improvements are installed within a reasonable tithe. If the plat cannot be recorded within 6 months of the date of the approval letter, the applicant may be granted one six-month extension to the life of the approval. Binding Site Improvement Plans (BSIP) and Boundary Line Adjustments (BLA) follow the same procedure as short plats. However, the time to complet a BSIP generally will be less than a short plat because the infrastructure already exists. Long Plats (aka Subdivisions and Formal Subdivisions) Formal subdivisions or "long plats" require a two step approval process (Attachment C). First is to obtain preliminary approval from the City Council. Once the preliminary approval is granted the applicant is required to make necessary improvements to the roads and utilities, prepare the final survey and documents necessary for final approval. 41 After the applicant has installed the improvements and meets the requirements of the preliminary approval, the City Council approves the final plat for recordation. The Final Plat decision is a ministerial action. Like a building permit, if the final plat is consistent with the the pertinent regulations and preliminary plat as approved, the City must approve the Final Plat. The applicant has five years from the date of preliminary approval to obtain final approval from the Council. Like short plats, the improvements may be deferred if a financial guarantee is provided to ensure the improvements will be installed. Scope of Changes - Policy Issues Identified below are several issues in which we seek your input before completing the draft ordinance. Please feel free to add to the list of items to be discussed. 1. Should the threshold for short plats be increased to nine lots? Alternatives: a) Increase the threshold to nine lots with additional requirements for short plats having five or more lots. b) Increase the threshold to nine lots subject to the same requirements as short plats having four or fewer lots. Page 3 c) Increase the threshold to an intermediate number, such as six lots. d) Do not change the threshold. Comment: RCW 58.17.020(6) allows local jurisdictions to increase the nlaximum size of a short plat from four to as many as nine lots. Doing so would encourage investment in neighborhoods by substantially reducing review time and would allow better coordination of subdividing activities. A drawback exists in that there would not be the same level of opportunity for public comment on the subdivision because short plats do not have public hearings and are usually exempt from SEPA review. Recommendation: If short plats with 5 to 9 lots are subject to the same development standards as full subdivisions, then we recommend increasing the threshold to nine lots. 2. Should use of Administrative PRD's be eliminate or reduced? a) Eliminate the APRD for all short plats. b) Eliminate the APRD for all short plats having four lots or less. c) Continue requiring APRD's for all short plats. Comment: Planned Residential Developments (PRDs) are required whenever an environmentally sensitive area is on a property that is proposed to be short platted (TMC 18.45.060 - "Sensitive Areas Ordinance"). The Subdivision Ordinance states that PRD's for short plats and boundary line adjustments may be approved • administratively subject to the short plat review process but subject to the same design and review criteria from the PRD ordinance as are full subdivisions. A primary difficulty with short plats and boundary line adjustments having to meet the PRD standards is the requirement for 20% of the site to be in commonly owned and maintained open space. Often it is difficult for a short plat to meet this requirement. It becomes even more onerous on boundary line adjustments because no new lots are being created. The stated purposes of the PRD overlay are to protect sensitive areas, encourage a variety of housing, encourage efficiency in the layout of infrastructure and create and/or preserve usable open space for the occupants and the general public. Eliminating the PRD requirement for short plats will not be detrimental to these purposes. The Sensitive Areas Ordinance (TMC ch. 18.45) protects the sensitive areas, the PRD does not provide any additional protections. Page 4 Short plats by their nature do not provide for a variety of housing and do not affect the efficiency of infrastructure. Regarding the fourth purpose, it is questionable whether or not private open space can be consistently provided and be usable, maintained and secure. z Eliminating the requirement for a PRD does not prohibit a subdivider from choosing re w re to do one. If there is a wetland or watercourse on a site for example, the applicant D has the right to apply for a PRD in order to take advantage of the flexibility offered by o o the PRD ordinance. , co o � _ Recommendation: Eliminate the requirement for a PRD for short plats and for co~. u boundary line adjustments. Additional Changes Proposed L cod In the time between now and the next work session/public hearing, staff will prepare I -w Z = an ordinance that contains numerous changes, primarily for technical issues. The o list of proposed changes below are relatively minor or are mandated by state law. 1-- o Please feel free to add to or modify this list. Let us know if we have not included any 2 D changes that you feel are appropriate for this project. o o— o1- ww 1 I-1 �-o • Update for consistency with state platting laws (RCW 58.17). z • Update application and survey requirements. 0in • Update provisions for financial guarantee for installation of improvements. o I •• Create provisions to ensure maintenance of improvements. z General • Dedication of ROW to occur at the time of recording of the plat. • Create a chapter for boundary line adjustment review. It will define BLA's, streamline the process, lower the application fee, and list approval criteria. • Evaluate standards in Tight of new Comprehensive Plan. • Do general editing. Short Subdivisions • Create distinct preliminary and final application requirements and decision criteria for short plats. • Increase the life of a short plat from six months to two years. Subdivisions • Update the decision criteria for preliminary and final plats. • Allow final plats to be recorded in phases. Page 5 tits7l tn:Kl�ii+;.0 R' a4d"eiLfbY a�@a i{' :ktiuii�ttt Binding Site Improvement Plans • Review Binding Site Improvement Plan chapter and amend where appropriate. Boundary Line Adjustments • Create new chapter for Boundary Line Adjustments/Lot Consolidations. W If after reviewing this list you think there are other changes we should consider, o please call John Jimerson at 431-3663 to discuss. 0 J ATTACHMENTS w a A. Map of Subdivision Activity u B. Short Plat Process N C. Subdivision Process F _ D. Typical Short Plat format. E. Proposed short plat format (to be presented at meeting). o F. Typical Boundary Line Adjustment 2 O N OI - W uj WW I- --- - O • li.lZ U N I'- F-. O Z Page 6 Defective Plats Legalized That nothing in this chapter shall be construed so as to apply to additions to towns in which no Tots have been sold. [Code 1881 § 2341; RRS § 9309. Formerly RCW 58.12.140.] Platted streets, public highways—Lack of compliance, penalty: RCW 58.08.035. Chapter 58.17 PLATS—SUBDIVISIONS—DEDICATIONS Sections 58.17.010 Purpose. 58.17.020 Definitions. 58.17.030 Subdivisions to comply with chapter, local regulations. 58.17.033 Proposed division of land—Consideration of application for preliminary plat or short plat approval—Requirements defined by local ordinance. 58.17.035 Alternative method of land division—Binding site plans. 58.17.040 Chapter inapplicable, when. 58.17.050 Assessors plat—Compliance. 58.17.060 Short plats and short subdivisions—Summary approval— Regulations—Requirements. 58.17.065 Short plats and short subdivisions—Filing. 58.17.070 Preliminary plat of subdivisions and dedications— Submission for approval—Procedure. 58.17.080 Filing of preliminary plat—Notice. 58.17.090 Notice of public hearing. 58.17.092 Public notice—Identification of affected property. 58.17.095 Ordinance may authorize administrative review of prelimi- nary plat without public hearing. 58.17.100 Review of preliminary plats by planning commission or agency—Recommendation—Change by legislative body—Procedure—Approval. 58.17.110 Approval or disapproval of subdivision and dedication— Factors to be considered—Conditions for approval— Finding—Release from damages. 58.17.120 Disapproval due to flood, inundation or swamp conditions— Improvements—Approval conditions. 58.17.130 Bond in lieu of actual construction of improvements prior to approval of final plat—Bond or security to assure suc- cessful operation of improvements. 58.17.140 Time limitation for approval or disapproval of plats— Extensions. 58.17.150 Recommendations of certain agencies to accompany plats submitted for final approval. 58.17.155 Short subdivision adjacent to state highway—Notice to de- partment of transportation. 58.17.160 Requirements for each plat or replat filed for record. 58.17.165 Certificate giving description and statement of owners must accompany final plat—Dedication, certificate require- ments if plat contains—Waiver. 58.17.170 Written approval of subdivision—Original of final plat to be filed—Copies. 58.17.180 Review of decision. 58.17.190 Approval of plat required before filing—Procedure when unapproved plat filed. 58.17.195 Approval of plat or short plat—Written finding of conformi- ty with applicable land use controls. 58.17.200 Injunctive action to restrain subdivision, sale, transfer of land where final plat not filed. 58.17.205 Agreements to transfer land conditioned on final plat ap- proval—Authorized. 58.17.210 Building, septic tank or other development permits not to be issued for land divided in violation of chapter or regula- tions—Exceptions—Damages—Rescission by purchaser. 58.17.212 Vacation of subdivision—Procedure. 58.17.215 Alteration of subdivision—Procedure. 58.17.217 Alteration or vacation of subdivision—Conduct of hearing. 58.17.218 Alteration of subdivision—Easements by dedication. 58.17.220 Violation of court order or injunction—Penalty. 58.17.225 Easement over public open space—May be exempt from RCW 58.17.215—Hearing—Notice. (1996 Ed.) �i�,� �sx��;'ah !V,t:tCX+ b�•i:fq; 4tr n• 1 `r .,,,•._ .. '...,,,t:•, 58.10.040 58 17.230 Assurance of discontinuance of violations. 58.17.240 Permanent control monuments. 58.17.250 Survey of subdivision and preparation of plat. 58.17.255 Survey discrepancy—Disclosure. 58.17.260 Joint committee—Members—Recommendations for surveys, monumentation and plat drawings. 58.17.275 Proposals to adopt, amend, or repeal local ordinances— Advance notice. 58.17.280 Naming and numbering of short subdivisions, subdivisions, streets, lots and blocks. 58.17.290 Copy of plat as evidence. 58.17.300 Violations—Penalties. 58.17.310 Approval of plat within irrigation district without provision for irrigation prohibited. 58.17.320 Compliance with chapter and local regulations— Enforcement. 58.17.330 Hearing examiner system—Adoption authorized— Procedures—Decisions. 58.17.900 Validation of existing ordinances and resolutions. 58.17.910 Severability -1969 ex.s. c 271. 58.17.920 Effective date and application of 1974 ex.s. c 134. Fees for filing subdivision plats and short plats: RCW 58.24.070. 58.17.010 Purpose. The legislature finds that the process by which land is divided is a matter of state concern and should be administered in a uniform manner by cities, towns, and counties throughout the state. The purpose of this chapter is to regulate the subdivision of land and to promote the public health, safety and general welfare in accordance with standards established by the state to prevent the overcrowding of land; to lessen congestion in the streets and highways; to promote effective use of land; to promote safe and convenient travel by the public on streets and highways; to provide for adequate light and air; to facilitate adequate provision for water, sewerage, parks and recreation areas, sites for schools and schoolgrounds and other public requirements; to provide for proper ingress and egress; to provide for the expeditious review and approval of proposed subdivisions which conform to zoning standards and local plans and policies; to adequately provide for the housing and commercial needs of the citizens of the state; and to require uniform monumenting of land subdivisions and conveyanc- ing by accurate legal description. [1981 c 293 § 1; 1969 ex.s. c 271 § 1.] Reviser's note: Throughout this chapter, the phrase "this act" has been changed to "this chapter." "This act" [1969 ex.s. c 2711 also consists of amendments to RCW 58.08.040 and 58.24.040 and the repeal of RCW 58.16.010 through 58.16.110. Scverabllity-1981 c 293: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1981 c 293 § 16.) 58.17.020 Definitions. As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings. (1) "Subdivision" is the division or redivision of land into five or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership, except as provided in subsection (6) of this section. (2) "Plat" is a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys or other divisions and dedica- tions. [Title 58 RCW—page 7] 58.17.020 Title 58 RCW: Boundaries and Plats (3) "Dedication" is the deliberate appropriation of land by an owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat or short plat showing the dedication thereon; and, the acceptance by the public shall be evidenced by the approval of such plat for filing by the appropriate govern- mental unit. A dedication of an area of less than two acres for use as a public park may include a designation of a name for the park, in honor of a deceased individual of good character. (4) "Preliminary plat" is a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and other elements of a subdivision consistent with the requirements of this chapter. The preliminary plat shall be th,: basis for the approval or disapproval of the general layout of a subdivision. (5) "Final plat" is the final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in this chapter and in lozal regulations adopted under this chapter. (6) "Short subdivision" is the division or redivision of land into four or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, !ease, or transfer of ownership: PROVIDED, That the legislative authority of any city or town may by local ordinance increase the number of lots, tracts, or parcels to be regulated as short subdivisions to a maximum of nine. (7) "Binding site plan" means a drawing to a scale specified by local ordinance which: (a) Identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by local regulations; (b) contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the local govern- ment body having authority to approve the site plan; and (c) contains provisions making any development be in conformi- ty with the site plan. (8) "Short plat" is the map or representation of a short subdivision. (9) "Lot" is a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels. (10) "Block" is a group of lots, tracts, or parcels within well defined and fixed boundaries. (11) "County treasurer" shall be as defined in chapter 36.29 RCW or the office or person assigned such duties under a county charter. (12) "County auditor" shall be as defined in chapter 36.22 RCW or the office or person assigned such duties under a county charter. (13) "County road engineer" shall be as defined in chapter 36.40 RCW or the office or person assigned such duties under a county charter. (14) "Planning commission" means that body as defined in chapters 36.70, 35.63, or 35A.63 RCW as designated by the legislative body to perform a planning function or that [Title 58 RCW—page 8] body assigned such duties and responsibilities under a city or county charter. (15) "County commissioner" shall be as defined in chapter 36.32 RCW or the body assigned such duties under a county charter. [ 1995 c 32 § 2; 1983 c 121 § 1. Prior: 1981 c 293 § 2; 1981 c 292 § 1; 1969 ex.s. c 271 § 2.] Severability -1981 c 293: See note following RCW 58.17.010. Cwnping resort contracts—Nonapplicability of certain laws to—Resort not subdivision except under city. county powers: RCW 19.105.510. 58.17.030 Subdivisions to comply with chapter, local regulations. Every subdivision shall comply with the provisions of this chapter. Every short subdivision as defined in this chapter shall comply with the provisions of any local regulation adopted pursuant to RCW 58.17.060. [1974 ex.s. c 134 § 1; 1969 ex.s. c 271 § 3.] 58.17.033. Proposed division of land—Consideration of application for preliminary plat or short plat approv- al—Requirements defined by local ordinance. (I) A proposed division of land, as defined in RCW 58.17.020, shall be considered under the subdivision or short subdivi- sion ordinance, and zoning or other land use control ordi- nances, in effect on the land at the time a fully completed application for preliminary plat approval of the subdivision, or short plat approval of the short subdivision, has been submitted to the appropriate county, city, or town official. (2) The requirements for a fully completed application shall be defined by local ordinance. (3) The limitations imposed by this section shall not restrict conditions imposed under chapter 43.21C RCW. [ 1987 c 104 § 2.] 58.17.035 Alternative method of land division— Binding site plans. A city, town, or county may adopt by ordinance procedures for the divisions of land by use of a binding site plan as an alternative to the procedures required by this chapter. The ordinance shall be limited and only apply to one or more of the following: (1) The use of a binding site plan to divisions for sale or lease of commer- cially or industrially zoned property as provided in RCW 58.17.040(4); (2) divisions of property for lease as provided for in RCW 58.17.040(5); and (3) divisions of property as provided for in RCW 58.17.040(7). Such ordinance may apply the same or different requirements and procedures to each of the three types of divisions and shall provide for the alteration or vacation of the binding site plan, and may provide for the administrative approval of the binding site plan. The ordinance shall provide that after approval of the general binding site plan for industrial or commercial divisions subject to a binding site plan, the approval for improvements and finalization of specific individual com- mercial or industrial lots shall be done by administrative approval. The binding site plan, after approval, and/or when specific lots are administratively approved, shall be filed with the county auditor with a record of survey. Lots, parcels, or tracts created through the binding site plan pro- cedure shall be legal lots of record. The number of lots, (1996 Ed.) Plats—,Subdivisions—Dedications 58.17.035 tracts, parcels, sites, or divisions shall not exceed the number of lots allowed by the local zoning ordinances. All provisions, conditions, and requirements of the binding site plan shall be legally enforceable on the purchas- er or any other person acquiring a lease or other ownership interest of any lot, parcel, or tract created pursuant to the binding site plan. Any sale, transfer, or lease of any lot, tract, or parcel created pursuant to the binding site plan, that does not conform to the requirements of the binding site plan or without binding site plan approval, shall be considered a violation of chapter 58.17 RCW and shall be restrained by injunctive action and be illegal as provided in chapter 58.17 RCW. [1987 c 354 § 2.] 58.17.040 Chapter inapplicable, when. The provi- sions of this chapter shall not apply to: (1) Cemeteries and other burial plots while used for that purpose; (2) Divisions of land into lots or tracts each of which is one -one hundred twenty-eighth of a section of land or larger, or five acres or larger if the land is not capable of descrip- tion as a fraction of a section of land, unless the governing authority of the city, town, or county in which the land is situated shall have adopted a subdivision ordinance requiring plat approval of such divisions: PROVIDED, That for purposes of computing the size of any lot under this item which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the center line of the road or street and the side lot lines of the lot running perpendicular to such center line; (3) Divisions made by testamentary provisions, or the laws of descent; (4) Divisions of land into lots or tracts classified for in- dustrial or commercial use when the city, town, or county has approved a binding site plan for the use of the land in accordance with local regulations; (5) A division for the purpose of lease when no residen- tial structure other than mobile homes or travel trailers are permitted to be placed upon the land when the city, town, or county has approved a binding site plan for the use of the land in accordance with local regulations; (6) A division made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site, or division nor create any lot, tract, parcel, site, or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site; and (7) Divisions of land into lots or tracts if: (a) Such division is the result of subjecting a portion of a parcel or tract of land to either chapter 64.32 or 64.34 RCW subse- quent to the recording of a binding site plan for all such land; (b) the improvements constructed or to be constructed thereon are required by the provisions of the binding site plan to be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners' associations have a member- ship or other legal or beneficial interest; (c) a city, town, or county has approved the binding site plan for all such land; (d) such approved binding site plan is recorded in the county (1996 Ed.) or counties in which such land is located; and (e) the binding site plan contains thereon the following statement: "All development and use of the land described herein shall be in accordance with this binding site plan, as it may be amended with the approval of the city, town, or county having jurisdiction over the development of such land, and in accordance with such other governmental permits, approvals, regulations, requirements, and restrictions that may be imposed upon such land and the development and use thereof. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners' associations have a member- ship or other legal or beneficial interest. This binding site plan shall be binding upon all now or hereafter having any interest in the land described herein." The binding site plan may, but need not, depict or describe the boundaries of the lots or tracts resulting from subjecting a portion of the land to either chapter 64.32 or 64.34 RCW. A site plan shall be deemed to have been approved if the site plan was approved by a city, town, or county: (i) In connection with the final approval of a subdivision plat or planned unit development with respect to all of such land; or (ii) in connection with the issuance of building permits or final certificates of occupan- cy with respect to all of such land; or (iii) if not approved pursuant to (i) and (ii) of this subsection (7)(e), then pursu- ant to such other procedures as such city, town, or county may have established for the approval of a binding site plan. [ 1992 c 220 § 27; 1989 c 43 § 4-123. Prior: 1987 c 354 § 1; 1987 c 108 § 1; 1983 c 121 § 2; prior: 1981 c 293 § 3; 1981 c 292 § 2; 1974 ex.s. c 134 § 2; 1969 ex.s. c 271 § 4.] Severability—Effective date -1989 c 43: See RCW 64.34.920 and 64.34.930. Severability -1981 c 293: See note following RCW 58.17.010. 58.17.050 Assessors plat—Compliance. An assessors plat made in accordance with RCW 58.18.010 need not comply with any of the requirements of this chapter except RCW 58.17.240 and 58.17.250. [ 1969 ex.s. c 271 § 5.] 58.17.060 Short plats and short subdivisions— Summary approval—Regulations—Requirements. (1) The legislative body of a city, town, or county shall adopt regulations and procedures, and appoint administrative personnel for the summary approval of short plats and short subdivisions or alteration or vacation thereof. When an alteration or vacation involves a public dedication, the alteration or vacation shall be processed as provided in RCW 58.17.212 or 58.17.215. Such regulations shall be adopted by ordinance and shall provide that a short plat and short subdivision may be approved only if written findings that are appropriate, as provided in RCW 58.17.110, are made by the administrative personnel, and may contain wholly different requirements than those governing the approval of prelimi- nary and final plats of subdivisions and may require surveys and monumentations and shall require filing of a short plat, or alteration or vacation thereof, for record in the office of the county auditor: PROVIDED, That such regulations must contain a requirement that land in short subdivisions may not be further divided in any manner within a period of five years without the filing of a final plat, except that when the [Title 58 RCW—page 9] 58.17.060 Title 58 RCW: short plat contains fewer than four parcels, nothing in this section shall prevent the owner who filed the short plat from filing an alteration within the five-year period to create up to a total of four lots within the original short plat boundaries: PROVIDED FURTHER, That such regulations are not re- quired to contain a penalty clause as provided in RCW 36.32.120 and may provide for wholly injunctive relief. An ordinance requiring a survey shall require that the survey be completed and filed with the application for approval of the short subdivision. (2) Cities, towns, and counties shall include in their short plat regulations and procedures pursuant to subsection (1) of this section provisions for considering sidewalks and other planning features that assure safe walking conditions for students who walk to and from school. [1990 1st ex.s. c 17 § 51; 1989 c 330 § 2; 1987 c 354 § 5; 1987 c 92 § 1; 1974 ex.s. c 134 § 3; 1969 ex.s. c 271 § 6.] Severability—Part, section headings not law -1990 1st ex.s. c 17: See RCW 36.70A.900 and 36.70A.901. 58.17.065 Short plats and short subdivisions— Filing. Each short plat and short subdivision granted pursuant to local regulations after July 1, 1974, shall be filed with the county auditor and shall not be deemed "approved" until so filed. [1974 ex.s. c 134 § 12.] 58.17.070 Preliminary plat of subdivisions and dedications—Submission for approval—Procedure. A preliminary plat of proposed subdivisions and dedications of land shall be submitted for approval to the legislative body of the city, town, or county within which the plat is situated. Unless an applicant for preliminary plat approval requests otherwise, a preliminary plat shall be processed simultaneously with applications for rezones, variances, planned unit developments, site plan approvals, and similar quasi-judicial or administrative actions to the extent that procedural requirements applicable to these actions permit simultaneous processing. [1981 c 293 § 4; 1969 ex.s. c 271 § 7.] Severability -1981 c 293: See note following RCW 58.17.010. 58.17.080 Filing of preliminary plat—Notice. Notice of the filing of a preliminary plat of a proposed subdivision adjacent to or within one mile of the municipal boundaries of a city or town, or which contemplates the use of any city or town utilities shall be given to the appropriate city or town authorities. Any notice required by this chapter shall include the hour and location of the hearing and a descrip- tion of the property to be platted. Notice of the filing of a preliminary plat of a proposed subdivision located in a city or town and adjoining the municipal boundaries thereof shall be given to appropriate county officials. Notice of the filing of a preliminary plat of a proposed subdivision located adjacent to the right-of-way of a state highway or within two miles of the boundary of a state or municipal airport shall be given to the secretary of transportation. In the case of notifi- cation to the secretary of transportation, the secretary shall respond to the notifying authority within fifteen days of such notice as to the effect that the proposed subdivision will have on the state highway or the state or municipal airport. [ 1982 c 23 § 1; 1969 ex.s. c 271 § 8.] [Title 58 RCW—page 10] Boundaries and Plats 58.17.090 Notice of public hearing. (1) Upon receipt of an application for preliminary plat approval the adminis- trative officer charged by ordinance with responsibility for administration of regulations pertaining to platting and subdivisions shall provide public notice and set a date for a public hearing. Except as provided in RCW 36.70B.110, at a minimum, notice of the hearing shall be given in the following manner: (a) Notice shall be published not less than ten days prior to the hearing in a newspaper of general circulation within the county and a newspaper of general circulation in the area where the real property which is proposed to be subdivided is located; and (b) Special notice of the hearing shall be given to adjacent landowners by any other reasonable method local authorities deem necessary. Adjacent landowners are the owners of real property, as shown by the records of the county assessor, located within three hundred feet of any portion of the boundary of the proposed subdivision. If the owner of the real property which is proposed to be subdivid- ed owns another parcel or parcels of real property which lie adjacent to the real property proposed to be subdivided, notice under this subsection (1)(b) shall be given to owners of real property located within three hundred feet of any portion of the boundaries of such adjacently located parcels of real property owned by the owner of the real property proposed to be subdivided. (2) All hearings shall be public. All hearing notices shall include a description of the location of the proposed subdivision. The description may be in the form of either a vicinity location sketch or a written description other than a legal description. [ 1995 c 347 § 426; 1981 c 293 § 5; 1974 ex.s. c 134 § 4; 1969 ex.s. c 271 § 9.] Finding—Severability—Part headings and table of contents not law -1995 c 347: See notes following RCW 36.70A.470. Severability -1981 c 293: See note following RCW 58.17.010. 58.17.092 Public notice—Identification of affected property. Any notice made under chapter 58.17 or 36.70B RCW that identifies affected property may identify this affected property without using a legal description of the property including, but not limited to, identification by an address, written description, vicinity sketch, or other reason- able means. [ 1995 c 347 § 427; 1988 c 168 § 12.] Finding—Severability—Part headings and table of contents not law -1995 c 347: See notes following RCW 36.70A.470. 58.17.095 Ordinance may authorize administrative review of preliminary plat without public hearing. A county, city, or town may adopt an ordinance providing for the administrative review of a preliminary plat without a public hearing by adopting an ordinance providing for such administrative review. The ordinance may specify a thresh- old number of lots in a subdivision above which a public hearing must be held, and may specify other factors which necessitate the holding of a public hearing. The administra- tive review process shall include the following minimum conditions: (1) The notice requirements of RCW 58.17.090 shall be followed, except that the publication shall be made within ten days of the filing of the application. Additionally, at (1996 Ed.) Plats—Subdivisions—Dedications 58.17.095 least ten days after the filing of the application nctice both shall be: (a) Posted on or around the land proposed to be subdivided in at least five conspicuous places designed to attract public awareness of the proposal; and (b) mailed to the owner of each lot or parcel of property located within at least three hundred feet of the site. The applicant shall provide the county, city, or town with a list of such property owners and their addresses. The notice shall include notification that no public hearing will be held on the application, except as provided by this section. The notice shall set out the procedures and time limitations for persons to require a public hearing and make comments. (2) Any person shall have a period of twenty days from the date of the notice to comment upon the proposed preliminary plat. All comments received shall be provided to the applicant. The applicant has seven days from receipt of the comments to respond thereto. (3) A public hearing on the proposed subdivision shall be held if any person files a request for a hearing with the county, city, or town within twenty-one days of the publish- ing of such notice. If such a hearing is requested, notice requirements for the public hearing shall be in conformance with RCW 58.17.090, and the ninety -day period for approval or disapproval of the proposed subdivision provided for in RCW 58.17.140 shall commence with the date of the fling of the request for a public hearing. Any hearing ordered under this subsection shall be conducted by the planning commission or hearings officer as required by county or city ordinance. (4) On its own initiative within twenty-one days of the filing of the request for approval of the subdivision, the governing body, or a designated employee or official, of the county, city, or town, shall be authorized to cause a public hearing to be held on the proposed subdivision within ninety days of the filing of the request for the subdivision. (5) If the public hearing is waived as provided in this section, the planning commission or planning agency shall complete the review of the proposed preliminary plat and transmit its recommendation to the legislative body as provided in RCW 58.17.100. [1986 c 233 § 1.] Applicability -1986 c 233: "This act does not affect the provisions of RCW 82.02.020." [1986 c 233 § 3.] 58.17.100 Review of preliminary plats by planning commission or agency—Recommendation—Change by legislative body—Procedure—Approval. If a city, town or county has established a planning commission or planning agency in accordance with state law or local charter, such commission or agency shall review all preliminary plats and make recommendations thereon to the city, town or county legislative body to assure conformance of the proposed subdivision to the general purposes of the comprehensive plan and to planning standards and specifications as adopted by the city, town or county. Reports of the planning commission or agency shall be advisory only: PROVIDED, That the legislative body of the city, town or county may, by ordinance, assign to such commission or agency, or any department official or group of officials, such administrative functions, powers and duties as may be appropriate, includ- ing the holding of hearings, and recommendations for approval or disapproval of preliminary plats of proposed subdivisions. (1996 Fd.) Such recommendation shall be submitted to the legisla- tive body not later than fourteen days following action by the hearing body. Upon receipt of the recommendation on any preliminary plat the legislative body shall at its next public meeting set the date for the public meeting where it shall consider the recommendations of the hearing body and may adopt or reject the recommendations of such hearing body based on the record established at the public hearing. If, after considering the matter at a public meeting, the legislative body deems a change in the planning commission's or planning agency's recommendation approv- ing or disapproving any preliminary plat is necessary, the legislative body shall adopt its own recommendations and approve or disapprove the preliminary plat. Every decision or recommendation made under this section shall be in writing and shall include findings of fact and conclusions to support the decision or recommendation. A record of all public meetings and public hearings shall be kept by the appropriate city, town or county authori- ty and shall be open to public inspection. Sole authority to approve final plats, and to adopt or amend platting ordinances shall reside in the legislative bodies. [ 1995 c 347 § 428; 1981 c 293 § 6; 1969 ex.s. c 271 § 10.] Finding—Severability—Part headings and table of contents not law -1995 c 347: See notes following RCW 36.70A.470. Severability -1981 c 293: See note following RCW 58.17.010. 58.17.110 Approval or disapproval of subdivision and dedication—Factors to be considered—Conditions for approval—Finding—Release from damages. (1) The city, town, or county legislative body shall inquire into the public use and interest proposed to be served by the estab- lishment of the subdivision and dedication. It shall deter- mine: (a) If appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds, and shall consider 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) whether the public interest will be served by the subdivision and dedication. (2) A proposed subdivision and dedication shall not be approved unless the city, town, or county legislative body 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 schoolgrounds 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 and dedication. If it finds that the proposed subdivision and dedication make such appropriate provisions and that the public use and interest will be served, then the legislative body shall approve the proposed subdivision and dedication. Dedication of land to any public body, provision of public improvements to serve [Title 58 RCW—page 11] 58.17.110 Title 58 RCW: Boundaries and Plats the subdivision, and/or impact fees imposed under RCW 82.02.050 through 82.02.090 may be required as a condition of subdivision approval. Dedications shall be clearly shown on the final plat. No dedication, provision of public im- provements, or impact fees imposed under RCW 82.02.050 through 82.02.090 shall be allowed that constitutes an unconstitutional taking of private property. The legislative body shall not as a condition to the approval of any subdivi- sion require a release from damages to be procured from other property owners. (3) If the preliminary plat includes a dedication of a public park with an area of less than two acres and the donor has designated that the park be named in honor of a de- ceased individual of good character, the city, town, or county legislative body must adopt the designated name. [1995 c 32 § 3; 1990 1st ex.s. c 17 § 52; 1989 c 330 § 3; 1974 ex.s. c 134 § 5; 1969 ex.s. c 271 § 11.1 Severability—Part, section headings not law -1990 1st ex.s. c 17: See RCW 36.70A.900 and 36.70A.901. 58.17.120 Disapproval due to flood, inundation or swamp conditions—Improvements--Approval conditions. The city, town, or county legislative body shall consider the physical characteristics of a proposed subdivision site and may disapprove a proposed plat because of flood, inundation, or swamp conditions. Construction of protective improve- ments may be required as a condition of approval, and such improvements shall be noted on the final plat. No plat shall be approved by any city, town, or county legislative authority covering any land situated in a flood control zone as provided in chapter 86.16 RCW without the prior written approval of the department of ecology of the state of Washington. [1974 ex.s. c 134 § 6; 1969 ex.s. c 271 § 12.] 58.17.130 Bond in lieu of actual construction of improvements prior to approval of final plat—Bond or security to assure successful operation of improvements. Local regulations shall provide that in lieu of the completion of the actual construction of any required improvements prior to the approval of a final plat, the city, town, or county legislative body may accept a bond, in an amount and with surety and conditions satisfactory to it, or other secure method, providing for and securing to the municipality the actual construction and installation of such improvements within a period specified by the city, town, or county legislative body and expressed in the bonds. In addition, local regulations may provide for methods of security, including the posting of a bond securing to the municipality the successful operation of improvements for an appropriate period of time up to two years after final approval. The municipality is hereby granted the power to enforce bonds authorized under this section by all appropriate legal and equitable remedies. Such local regulations may provide that the improvements such as structures, sewers, and water sys- tems shall be designed and certified by or tinder the supervi- sion of a registered civil engineer prior to the acceptance of such improvements. [ 1974 ex.s. c 134 § 7; 1969 ex.s. c 271 § 13.] [Title 58 RCW—page 121 58.17.140 Time limitation for approval or disap- proval of plats—Extensions. Preliminary plats of any proposed subdivision and dedication shall be approved, disapproved, or returned to the applicant for modification or correction within ninety days from date of filing thereof unless the applicant consents to an extension of such time period or the ninety day limitation is extended to include up to twenty-one days as specified under RCW 58.17.095(3): PROVIDED, That if an environmental impact statement is required as provided in RCW 43.21C.030, the ninety day period shall not include the time spent preparing and circu- lating the environmental impact statement by the local government agency. Final plats and short plats shall be approved, disapproved, or returned to the applicant within thirty days from the date of filing thereof, unless the applicant consents to an extension of such time period. A final plat meeting all requirements of this chapter shall be submitted to the legislative body of the city, town, or county for approval within five years of the date of preliminary plat approval. Nothing contained in this section shall act to pre- vent any city, town, or county from adopting by ordinance procedures which would allow extensions of time that may or may not contain additional or altered conditions and requirements. [1995 c 68 § 1; 1986 c 233 § 2; 1983 c 121 § 3; 1981 c 293 § 7; 1974 ex.s. c 134 § 8; 1969 ex.s. c 271 § 14.] Applicability -1986 c 233: See note following RCW 58.17.095. Severability -1981 c 293: See note following RCW 58.17.010. 58.17.150 Recommendations of certain agencies to accompany plats submitted for final approval. Each preliminary plat submitted for final approval of the legisla- tive body shall be accompanied by the following agencies' recommendations for approval or disapproval: (1) Local health department or other agency furnishing sewage disposal and supplying water as to the adequacy of the proposed means of sewage disposal and water supply; (2) Local planning agency or commission, charged with the responsibility of reviewing plats and subdivisions, as to compliance with all terms of the preliminary approval of the proposed plat subdivision or dedication; (3) City, town or county engineer. Except as provided in RCW 58.17.140, an agency or person issuing a recommendation for subsequent approval under subsections (1) and (3) of this section shall not modify the terms of its recommendations without the consent of the applicant. [1983 c 121 § 4; 1981 c 293 § 8; 1969 ex.s. c 271 § 15.] Severability -1981 c 293: See note following RCW 58.17.010. 58.17.155 Short subdivision adjacent to state highway—Notice to department of transportation. Whenever a city, town, or county receives an application for the approval of a short plat of a short subdivision that is located adjacent to the right of way of a state highway, the responsible administrator shall give written notice of the application, including a legal description of the short subdivi- sion and a location map, to the department of transportation. The department shall, within fourteen days after receiving the notice, submit to the responsible administrator who furnished the notice a statement with any information that (1996 Ed.) �•. , Plats--.Subdivisions—Dedications the department deems to be relevant about the effect of the proposed short subdivision upon the legal access to the state highway, the traffic carrying capacity of the state highway and the safety of the users of the state highway. [ 1984 c 47 1.] 58.17.160 Requirements for each plat or replat filed for record. Each and every plat, or replat, of any property filed for record shall: (1) Contain a statement of approval from the city, town or county licensed road engineer or by a licensed engineer acting on behalf of the city, town or county as to the layout of streets, alleys and other rights of way, design of bridges, sewage and water systems, and other structures; (2) Be accompanied by a complete survey of the section or sections in which the plat or replat is located made to surveying standards adopted by the division of engineering services of the department of natural resources pursuant to RCW 58.24.040. (3) Be acknowledged by the person filing the plat before the auditor of the county in which the land is located, or any other officer who is authorized by law to take acknowledg- ment of deeds, and a certificate of said acknowledgment shall be enclosed or annexed to such plat and recorded there- with. (4) Contain a certification from the proper officer or officers in charge of tax collections that all taxes and delinquent assessments for which the property may be liable as of the date of certification have been duly paid, satisfied or discharged. No engineer who is connected in any way with the subdividing and platting of the land for which subdivision approval is sought, shall examine and approve such plats on behalf of any city, town or county. [1985 c 99 § 1; 1969 ex.s. c 271 § 16.] 58.17.165 Certificate giving description and state- ment of owners must accompany final plat—Dedication, certificate requirements if plat contains—Waiver. Every final plat or short plat of a subdivision or short subdivision filed for record must contain a certificate giving a full and correct description of the lands divided as they appear on the plat or short plat, including a statement that the subdivision or short subdivision has been made with the free consent and in accordance with the desires of the owner or owners. If the plat or short plat is subject to a dedication, the certificate or a separate written instrument shall contain the dedication of all streets and other areas to the public, and individual or individuals, religious society or societies or to any corporation, public or private as shown on the plat or short plat and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of said road. Said certificate or instrument of dedication shall be signed and acknowledged before a notary public by all parties having any ownership interest in the lands subdivided and recorded as part of the final plat. Every plat and short plat containing a dedication filed for record must be accompanied by a title report confirming that the title of the lands as described and shown on said plat (1996 Ed.) 58.17.155 is in the name of the owners signing the certificate or instrument of dedication. An offer of dedication may include a waiver of right of direct access to any street from any property, and if the dedication is accepted, any such waiver is effective. Such waiver may be required by local authorities as a condition of approval. Roads not dedicated to the public must be clearly marked on the face of the plat. Any dedication, donation or grant as shown on the face of the plat shall be considered to all intents and purposes, as a quitclaim deed to the said donee or donees, grantee or grantees for his, her or their use for the purpose intended by the donors or grantors as afore- said. [ 1981 c 293 § 9; 1969 ex.s. c 271 § 30.] Severability -1981 c 293: See note following RCW 58.17.010. 58.17.170 Written approval of subdivision— Original of final plat to be filed—Copies. When the legislative body of the city, town or county finds that the subdivision proposed for final plat approval conforms to all terms of the preliminary plat approval, and that said subdivi- sion meets the requirements of this chapter, other applicable state laws, and any local ordinances adopted under this chap- ter which were in effect at the time of preliminary plat approval, it shall suitably inscribe and execute its written approval on the face of the plat. The original of said final plat shall be filed for record with the county auditor. One reproducible copy shall be furnished to the city, town or county engineer. One paper copy shall be filed with the county assessor. Paper copies shall be provided to such other agencies as may be required by ordinance. Any lots in a final plat filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of five years from the date of filing. A subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances, and regulations in effect at the time of approval under RCW 58.17.150 (1) and (3) for a period of five years after final plat approval unless the legislative body finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. [1981 c 293 § 10; 1969 ex.s. c 271 § 17.] Severability -1981 c 293: See note following RCW 58.17.010. 58.17.180 Review of decision. Any decision approv- ing or disapproving any plat shall be reviewable under chapter 36.70C RCW. [1995 c 347 § 717; 1983 c 121 § 5; 1969 ex.s. c 271 § 18.] Finding—Severability—Part headings and table of contents not law -1995 c 347: See notes following RCW 36.70A.470. 58.17.190 Approval of plat required before filing— Procedure when unapproved plat filed. The county auditor shall refuse to accept any plat for filing until approv- al of the plat has been given by the appropriate legislative body. Should a plat or dedication be filed without such approval, the prosecuting attorney of the county in which the plat is filed shall apply for a writ of mandate in the name of and on behalf of the legislative body required to approve same, directing the auditor and assessor to remove from their files or records the unapproved plat, or dedication of record. [1969 ex.s. c 271 § 19.] [Title 58 RCW—page 13] 58.17.195 Title 58 RCW: Boundaries and Plats 58.17.195 Approval of plat or short plat—Written finding of conformity with applicable land use controls. No plat or short plat may be approved unless the city, town, or county makes a formal written finding of fact that the proposed subdivision or proposed short subdivision is in conformity with any applicable zoning ordinance or other land use controls which may exist. [ 1981 c 293 § 14.] Severability -1981 c 293: See note following RCW 58.17.010. 58.17.200 Injunctive action to restrain subdivision, sale, transfer of land where final plat not filed. Whenever any parcel of land is divided into five or more lots, tracts, or parcels of land and any person, firm or corporation or any agent of any of them sells or transfers, or offers or advertises for sale or transfer, any such lot, tract, or parcel without having a final plat of such subdivision filed for record, the prosecuting attorney shall commence an action to restrain and enjoin further subdivisions or sales, or transfers, or offers of sale or transfer and compel compliance with all provisions of this chapter. The costs of such action shall be taxed against the person, firm, corporation or agent selling or transferring the property. [1969 ex.s. c 271 § 201 58.17.205 Agreements to transfer land conditioned on final plat approval—Authorized. If performance of an offer or agreement to sell, lease, or otherwise transfer a lot, tract, or parcel of land following preliminary plat approval is expressly conditioned on the recording of the final plat containing the lot, tract, or parcel under this chapter, the offer or agreement is not subject to RCW 58.17.200 or 58.17.300 and does not violate any provision of this chapter. All payments on account of an offer or agreement condi- tioned as provided in this section shall be deposited in an escrow or other regulated trust account and no disbursement to sellers shall be permitted until the final plat is recorded. [1981 c 293 § 121 Severability -1981 c 293: Sec note following RCW 58.17.010. 58.17.210 Building, septic tank or other develop- ment permits not to be issued for land divided in viola- tion of chapter or regulations—Exceptions—Damages— ' Rescission by purchaser. No building permit, septic tank permit, or other development permit, shall be issued for any lot, tract, or parcel of land divided in violation of this chap- ter or local regulations adopted pursuant thereto unless the authority authorized to issue such permit finds that the public interest will not be adversely affected thereby. The prohibi- tion contained in this section shall not apply to an innocent purchaser for value without actual notice. All purchasers' or transferees' property shall comply with provisions of this chapter and each purchaser or transferee may recover his damages from any person, firm, corporation, or agent selling or transferring land in violation of this chapter or local regulations adopted pursuant thereto, including any amount reasonably spent as a result of inability to obtain any development permit and spent to conform to the require- ments of this chapter as well as cost of investigation, suit, and reasonable attorneys' fees occasioned thereby. Such purchaser or transferee may as an alternative to conforming his property to these requirements, rescind the sale or transfer and recover costs of investigation, suit, and reason - [Title 58 RCW—page 141 able attorneys' fees occasioned thereby. [1974 ex.s. c 134 § 10; 1969 ex.s. c 271 § 21.] 58.17.212 Vacation of subdivision—Procedure. Whenever any person is interested in the vacation of any subdivision or portion thereof, or any area designated or dedicated for public use, that person shall file an application for vacation with the legislative authority of the city, town, or county in which the subdivision is located. The applica- tion shall set forth the reasons for vacation and shall contain signatures of all parties having an ownership interest in that portion of the subdivision subject to vacation. If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for vacation would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the vacation of the subdivision or portion thereof. When the vacation application is specifically for a county road or city or town street, the procedures for road vacation or street vacation in chapter 36.87 or 35.79 RCW shall be utilized for the road or street vacation. When the application is for the vacation of the plat together with the roads and/or streets, the procedure for vacation in this section shall be used, but vacations of streets may not be made that are prohibited under *RCW 35.79.030, and vacations of roads may not be made that are prohibited under RCW 36.87.130. The legislative authority of the city, town, or county shall give notice as provided in RCW 58.17.080 and 58.17.090 and shall conduct a public hearing on the applica- tion for a vacation and may approve or deny the application for vacation of the subdivision after determining the public use and interest to be served by the vacation of the subdivi- sion. If any portion of the land contained in the subdivision was dedicated to the public for public use or benefit, such land, if not deeded to the city, town, or county, shall be deeded to the city, town, or county unless the legislative authority shall set forth findings that the public use would not be served in retaining title to those lands. Title to the vacated property shall vest with the rightful owner as shown in the county records. If the vacated land is land that was dedicated to the public, for public use other than a road or street, and the legislative authority has found that retaining title to the land is not in the public interest, title thereto shall vest with the person or persons owning the property on each side thereof, as determined by the legisla- tive authority. When the road or street that is to be vacated was contained wholly within the subdivision and is part of the boundary of the subdivision, title to the vacated road or street shall vest with the owner or owners of property con- tained within the vacated subdivision. This section shall not be construed as applying to the vacation of any plat of state -granted tide or shore lands. [1987 c 354 § 3.] *Reviser's note: After amendment by 1987 c 228 § 1, RCW 35.79.030 no longer prohibited vacations of streets. Limitations on vacations of streets abutting bodies of water are now found in RCW 35.79.035. (1996 Ed.) Plats---Subdivisions—Dedications 58.17.215 58.17.215 Alteration of subdivision—Procedure. When any person is interested in the alteration of any subdivision or the altering of any portion thereof, except as provided in RCW 58.17.040(6), that person shall submit an application to request the alteration to the legislative authori- ty of the city, town, or county where the subdivision is located. The application shall contain the signatures of the majority of those persons having an ownership interest of lots, tracts, parcels, sites, or divisions in the subject subdivi- sion or portion to be altered. If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the subdivision or portion thereof. Upon receipt of an application for alteration, the legislative body shall provide notice of the application to all owners of property within the subdivision, and as provided for in RCW 58.17.080 and 58.17.090. The notice shall either establish a date for a public hearing or provide that a hearing may be requested by a person receiving notice within fourteen days of receipt of the notice. The legislative body shall determine the public use and interest in the proposed alteration and may deny or approve the application for alteration. If any land within the alter- ation is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration. If any land within the alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between the adjacent properties. After approval of the alteration, the legislative body shall order the applicant to produce a revised drawing of the approved alteration of the final plat or short plat, which after signature of the legislative authority, shall be filed with the county auditor to become the lawful plat of the property. This section shall not be construed as applying to the alteration or replatting of any plat of state -granted tide or shore lands. [1987 c 354 § 4.] 58.17.217 Alteration or vacation of subdivision— Conduct of hearing. Any hearing required by RCW 58.17.212, 58.17.215, or 58.17.060 may be administered by a hearings examiner as provided in RCW 58.17.330. [1987 c 354 § 7.] 58.17.218 Alteration of subdivision—Easements by dedication. The alteration of a subdivision is subject to RCW 64.04.175. [ 1991 c 132 § 2.] 58.17.220 Violation of court order or injunction— Penalty. Any person who violates any court order or injunction issued pursuant to this chapter shall be subject to a fine of not more than five thousand dollars or imprison- ment for not more than ninety days or both. [ 1969 ex.s. c 271 § 22.] (1996 Ed.) 58.17.225 Easement over public open space—May be exempt from RCW 58.17.215—Hearing—Notice. The granting of an easement for ingress and egress or utilities over public property that is held as open space pursuant to a subdivision or plat, where the open space is already used as a utility right of way or corridor, where other access is not feasible, and where the granting of the easement will not impair public access or authorize construction of physical barriers of any type, may be authorized and exempted from the requirements of RCW 58.17.215 by the county, city, or town legislative authority following a public hearing with notice to the property owners in the affected plat. [1995 c 32 § 1.] 58.17.230 Assurance of discontinuance of violations. In the enforcement of this chapter, the prosecuting attorney may accept an assurance of discontinuance of any act or practice deemed in violation of this chapter from any person engaging in, or who has engaged in such act or practice. Any such assurance shall be in writing and be filed with and subject to the approval of the superior court of the county in which the alleged violation occurs. A violation of such assurance shall constitute prima facie proof of a violation of this chapter. [1969 ex.s. c 271 § 23.] 58.17.240 Permanent control monuments. Except for subdivisions excluded under the provisions of RCW 58.17.040, as now or hereafter amended, permanent control monuments shall be established at each and every controlling corner on the boundaries of the parcel of land being subdi- vided. The local authority shall determine the number and location of permanent control monuments within the plat, if any. [ 1974 ex.s. c 134 § 11; 1969 ex.s. c 271 § 24.] 58.17.250 Survey of subdivision and preparation of plat. The survey of the proposed subdivision and prepara- tion of the plat shall be made by or under the supervision of a registered land surveyor who shall certify on the plat that it is a true and correct representation of the lands actually surveyed. [1969 ex.s. c 271 § 26.] 58.17.255 Survey discrepancy—Disclosure. When- ever a survey of a proposed subdivision or short subdivision reveals a discrepancy, the discrepancy shall be noted on the face of the final plat or short plat. Any discrepancy shall be disclosed in a title report prepared by a title insurer and issued after the filing of the final plat or short plat. As used in this section, "discrepancy" means: (1) A boundary hiatus; (2) an overlapping boundary; or (3) a physical appurtenance, which indicates encroachment, lines of possession, or conflict of title. [1987 c 354 § 6.] 58.17.260 Joint committee—Members— Recommendations for surveys, monumentation and plat drawings. In order that there be a degree of uniformity of survey monumentation throughout the cities, towns and counties of the state of Washington, there is hereby created a joint committee composed of six members to be appointed as follows: The Washington state association of counties shall appoint two county road engineers; the association of Washington cities shall appoint two city engineers; the land [Title 58 RCW—page 15] 58.17.260 Title 58 RCW: Boundaries and Plats surveyors association of Washington shall appoint one member; and the consulting engineers association of Wash- ington shall appoint one member. The joint committee is directed to cooperate with the department of natural resourc- es to establish recommendations pertaining to requirements of survey, monumentation and plat drawings for subdivisions and dedications throughout the state of Washington. The department of natural resources shall publish such recom- mendation. [ 1971 ex.s. c 85 § 9; 1969 ex.s. c 271 § 27.] 58.17.275 Proposals to adopt, amend, or repeal local ordinances—Advance notice. All cities, towns, and counties shall establish procedures to provide reasonable advance notice of proposals to adopt, amend, or repeal local ordinances adopted in accordance with this chapter. These procedures shall include but not be limited to advance notice to individuals or organizations which have submitted requests for notice. Reasonable fees may be charged to defray the costs of providing notice. [ 1981 c 293 § 13.] Severability -1981 c 293: See note following RCW 58.17.010. 58.17.280 Naming and numbering of short subdivi- sions, subdivisions, streets, lots and blocks. Any city, town or county shall, by ordinance, regulate the procedure whereby short subdivisions, subdivisions, streets, lots and blocks are named and numbered. A lot numbering system and a house address system, however, shall be provided by the municipality for short subdivisions and subdivisions and must be clearly shown on the short plat or final plat at the time of approval. [ 1993 c 486 § 1; 1969 ex.s. c 271 § 29.] 58.17.290 Copy of plat as evidence. A copy of any plat recorded in the manner provided in this chapter and certified by the county auditor of the county in which the same is recorded to be a true copy of such record and the whole thereof, shall be received in evidence in all the courts of this state, with like effect as the original. [ 1969 ex.s. c 271 § 31.] 58.17.300 Violations—Penalties. Any person, firm, corporation, or association or any agent of any person, firm, corporation, or association who violates any provision of this chapter or any local regulations adopted pursuant thereto relating to the sale, offer for sale, lease, or transfer of any lot, tract or parcel of land, shall be guilty of a gross misde- meanor and each sale, offer for sale, lease or transfer of each separate lot, tract, or parcel of land in violation of any provision of this chapter or any local regulation adopted pursuant thereto, shall be deemed a separate and distinct offense. [1969 ex.s. c 271 § 32.] 58.17.310 Approval of plat within irrigation district without provision for irrigation prohibited. In addition to any other requirements imposed by the provisions of this chapter, the legislative authority of any city, town, or county shall not approve a short plat or final plat, as defined in RCW 58.17.020, for any subdivision, short subdivision, lot, tract, parcel, or site which lies in whole or in part in an irrigation district organized pursuant to chapter 87.03 RCW unless there has been provided an irrigation water right of [Title 58 RCW—page 16] way for each parcel of land in such district. In addition, if the subdivision, short subdivision, lot, tract, parcel, or site lies within land within the district classified as irrigable, completed irrigation water distribution facilities for such land may be required by the irrigation district by resolution, bylaw, or rule of general applicability as a condition for approval of the short plat or final plat by the legislative authority of the city, town, or county. Rights of way shall be evidenced by the respective plats submitted for final approval to the appropriate legislative authority. In addition, if the subdivision, short subdivision, lot, tract, parcel, or site to be platted is wholly or partially within an irrigation district of two hundred thousand acres or more and has been previously platted by the United States bureau of reclamation as a farm unit in the district, the legislative authority shall not approve for such land a short plat or final plat as defined in RCW 58.17.020 without the approval of the irrigation district and the administrator or manager of the project of the bureau of reclamation, or its successor agency, within which that district lies. Compliance with the requirements of this section together with all other applicable provisions of this chapter shall be a prerequisite, within the expressed purpose of this chapter, to any sale, lease, or development of land in this state. [ 1990 c 194 § 1; 1986 c 39 § 1; 1985 c 160 § 1; 1973 c 150 § 2.] 58.17.320 Compliance with chapter and local regulations—Enforcement. Whenever land within a subdivision granted final approval is used in a manner or for a purpose which violates any provision of this chapter, any provision of the local subdivision regulations, or any term or condition of plat approval prescribed for the plat by the local government, then the prosecuting attorney, or the attorney general if the prosecuting attorney shall fail to act, may commence an action to restrain and enjoin such use and compel compliance with the provisions of this chapter or the local regulations, or with such terms or conditions. The costs of such action may be taxed against the violator. [ 1974 ex.s. c 134 § 13.] 58.17.330 Hearing examiner system—Adoption authorized—Procedures—Decisions. (1) As an alternative to those provisions of this chapter requiring a planning commission to hear and issue recommendations for plat approval, the county or city legislative body may adopt a hearing examiner system and shall specify by ordinance the legal effect of the decisions made by the examiner. The legal effect of such decisions shall include one of the following: (a) The decision may be given the effect of a recom- mendation to the legislative body; (b) The decision may be given the effect of an adminis- trative decision appealable within a specified time limit to the legislative body; or (c) The decision may be given the effect of a final decision of the legislative body. The legislative authority shall prescribe procedures to be followed by a hearing examiner. (2) Each final decision of a hearing examiner shall be in writing and shall include findings and conclusions, based on the record, to support the decision. Each final decision � `"•� ... ...... _ _ .. �..... _. .__._ .. ._.. .. .. .. ... ...__.. (1996 Ed.) Plats—Subdivisions—Dedications 58.17.330 of a hearing examiner, unless a longer period is mutually agreed to by the applicant and the hearing examiner, shall be rendered within ten working days following conclusion of all testimony and hearings. [1995 c 347 § 429; 1994 c 257 § 6; 1977 ex.s. c 213 § 4.] Finding—Severability—Part headings and table of contents not law -1995 c 347: See notes following RCW 36.70A.470. Severabllity-1994 c 257: Sec note following RCW 36.70A.270. Severability -1977 ex.s. c 213: See note following RCW 35.63.130. 58.17.900 Validation of existing ordinances and resolutions. All ordinances and resolutions enacted at a time prior to the passage of this chapter by the legislative bodies of cities, towns, and counties and which are in substantial compliance with the provisions of this chapter, shall be construed as valid and may be further amended to include new provisions and standards as are authorized in general law. [1969 ex.s. c 271 § 33.] 58.17.910 Severability -1969 ex.s. c 271. If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or cir- cumstances is not affected. [1969 ex.s. c 271 § 35.] 58.17.920 Effective date and application of 1974 exs. c 134. (1) The provisions of *this 1974 amendatory act shall become effective July 1, 1974. (2) The provisions of *this 1974 amendatory act shall not apply to any plat which has been granted preliminary approval prior to July 1, 1974, but shall apply to any proposed plat granted preliminary approval on or after July 1, 1974. [1974 ex.s. c 134 § 14.] *Reviser's note: For codification of "this 1974 amendatory act" [1974 ex.s. c 134]. see Codification Tables, Volume 0. Chapter 58.18 ASSESSOR'S PLATS Sections 58.18.010 Assessor's plat—Requisites, filing, index, etc.—When offi- cial plat. 58.18.010 Assessor's plat—Requisites, filing, index, etc.—When official plat. In any county where an assessor has and maintains an adequate set of maps drawn from surveys at a scale of not less than two hundred feet to the inch, the assessor may with the permission of the county commissioners, file an assessor's plat of the area, which when filed shall become the official plat for all legal purposes, provided: (1) The plat is filed in the offices of the county auditor and the county assessor, together with a list of the existing legal descriptions and a list of the new legal descriptions as assigned by the county assessor; (2) The recorded plat is drawn in such a manner that a ready reference can be made to the legal description in existence prior to the time of the filing of the assessor's plat and in conformance with existing statutes; (1996 Ed.) (3) The first year the tax roll and tax statement shall contain the prior legal description and the new legal descrip- tion as assigned and shown on the assessor's plat with a notation that this legal description shall be used for all purposes; (4) The county assessor shall maintain an index for reference to the prior and the existing legal descriptions of the parcels contained in the assessor's plats; (5) Each dedicated plat after June 7, 1961, shall be submitted to the county assessor of the county wherein the plat is located, for the sole purpose of assignment of parcel, tract, block and or lot numbers and the county auditor shall not accept any such plat for filing unless the said plat carries a signed affidavit from the assessor to this effect, and a statement to the effect that the name of the plat shall be number .... in the county of [1961 c 262 § 1.] Chapter 58.19 LAND DEVELOPMENT ACT Sections 58.19.010 Purpose. 58.19.020 Definitions. 58.19.030 Exemptions from chapter. 58.19.045 Public offering statement—Developer's duties—Purchaser's rights. 58.19.055 Public offering statement—Contents. 58.19.120 Report of changes required—Amendments. 58.19.130 Public offering statement form—Type and style restriction. 58.19.140 Public offering statement—Promotional use, distribution restriction—Holding out that state or employees, etc., approve development prohibited. 58.19.180 Unlawful to sell lots or parcels subject to blanket encum- brance which does not provide purchaser can obtain clear title—Alternatives. 58.19.185 Requiring purchaser to pay additional sum to construct, complete or maintain development. 58.19.190 Advertising—Materially false, misleading, or deceptive statements prohibited. 58.19.265 Violations—Remedies--Attorneys' fees. 58.19.270 Violations deemed unfair practice subject to chapter 19.86 RCW. 58.19.280 Jurisdiction of superior courts. 58.19.300 Hazardous conditions—Notice. 58.19.920 Liberal construction. 58.19.940 Short title. 58.19.950 Severability -1973 1st ex.s. c 12. 58.19.951 Severability -1992 c 191. Camping resort contracts—Nonapplicability of certain laws to: RCW 19.105.510. Exemption of timeshares from chapter: RCW 64.36.290. 58.19.010 Purpose. The legislature finds and declares that the sale and offering for sale of land or of interests in associations which provide for the use or occupancy of land touches and affects a great number of the citizens of this state and that full and complete disclosure to prospective purchasers of pertinent information concerning land develop- ments, including any encumbrances or liens attached to the land and the physical characteristics of the development is essential. The legislature further finds and declares that delivery to prospective purchasers of a complete and accu- rate public offering statement is necessary in order to adequately protect both the economic and physical welfare of the citizens of this state. It is the purpose of this chapter to provide for the reasonable regulation of the sale and [Title 58 RCW—page 17] ATTACHMENT A Subdivisions and Short Subdivisions •F•� March 1989 - March 1996 z ~w cc JU UO to ❑ LLJ J= F- N LL WO 2 LLQ = ° �W z Iz. 1— O zI- W W C.) ❑ • F- WW h• 0 LL' O ..z W U D- P 0 z C r-- 0 O r m st- ►%o MC/) m rn 2 0 z= O r- rn r- rn rn z O 9603211230 GAT/ -17o, AVE. S. EDGE V� S01'41'58"W 645.15' 297.69' 516.29' CONC. HEADWALL ELSO1 '41 58 W 031d33X3 N01.'41'58"E H 0 0 0 255' 0 64.49' z m • N V N rn 1333 Z :-iyAN3IN1 2if10!N00 v) 7C �• (n co cziNco z cl r - O 0 zc�a P mD - v m -<a3 7C w a' �PP= I v 11 cn loz m• in avo21 'Is 4 'S '3AV 'ls LS J0 '2103 sYo.x :Wfllda 35. 320.67' NOTE: THIS PORTION OF THE ORIGINAL LOT BECAME A SEPERATE LOT WHEN IT WAS BISECTED BY RYAN WAY. 51 st. AVE. S. NO1 '48' 28"E E. 962_05' <*m I(n\o iozc, N W C7 irl>tel cnn LINE, SE 1/4, SEC 3 -23N -4E L • AND SURVEYOR'S CERTIFICATE: ,^.THIS SHORT PLAT CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER 'MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF APPROPRIATE STATE STATUTE AND HAS BEEN PROPERLY STAKED. ,AME; JOHN E. CRAMER Cr l DATE' 1/04/95 CERTIFICATE NO 18898 ;•I ''.SHORT PLAT NUMBER L95-0012 •�(,Ir1R nln ncnn.41 • • • • • i• t •-•� . AT C.-CHMENT F 166.67' EAST 76647' £AST OF CL 42ND > OF THE WEST STREET LINE OF — GOV. LOT 2 , 4�tiS • 7646.44 NORTH S8741'J8'E \2:73.15' 317' NORTH OF 774E SW COR GOV. LOT 2 a S8748'J5"E 65.15' HOUSE 1 b t 95.39' 38.91' I OLD LOT -- L/NE i NEW LOT LINE In HOUSE 8.69' A'ROSS kLINE N t ` / N90'00'00"W 1 / 5' to 0 NORTH LINE OF SOUTH 478' S8748'35'£ , 70.01' THE EAST LINE OF .THE WEST 236.67' OF GOV. LOT 2 14' NORTH OF CENTERUN1 (NOR 0 15 30 IJ ( IN FEET) 1 inch r 30' It.. 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