HomeMy WebLinkAboutPermit L96-0072 - CITY OF TUKWILA - SUBDIVISION ORDINANCE UPDATEL96-0072
CITY OF TUKWILA
UPDATE OF
SUBDIVISION ORDINANCE
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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.
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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
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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
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GENERAL INFORMATION • o
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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
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Special Meetings may be called';at any time with proper public notice. Procedures followed are the same as
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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.
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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
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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
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WHEREAS, The Growth Management Act and Tukwila's Comprehensive Plan support W O
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residential infill development; and
WHEREAS, increasing the number of lots that can be created through the short plat process will 0 —
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encourage Infill; and
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WHEREAS, sections of Tukwila's Subdivision Ordinance are currently inconsistent with = 0
Washington State Subdivision Law; 0
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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."
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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.
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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.
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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—
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noted otherwise on the plat, approval of the plat for recording shall constitute acceptance of the g W
dedications. D p
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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-
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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:
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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
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G. Lot and block numbers beginning with the number one (1) and numbered consecutively without
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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.
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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
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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
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for public uses, and a waiver by them and their successors of all claims for damages against any 0 F-
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governmental authority arising from the construction and maintenance of public facilities and public W W
property within the subdivision. _
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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
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"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,
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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.
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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.
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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.
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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
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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.
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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
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8. Site and development plans which provide the following information: U 0
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a. The owners of adjacent land and the names of any adjacent subdivisions.—
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b. Lines marking the boundaries of the existing lot(s) (any existing lot to be eiiminated W W
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should be a dashed line and so noted). F
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c. Locations of existing and proposed public street rights•of•way and easements and private Z
access easements. 0
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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.
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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.
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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
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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
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1. The proposed Short Plat is in conformance with the Tukwila Comprehensive Plan, and any N
other such adopted plans. J =
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2. Appropriate provisions have been made for water, storm drainage, erosion control and
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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.
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4. Appropriate provisions have been made for dedications, easements and reservations. f'
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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
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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
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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.
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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.
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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
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3. A complete SEPA Checklist application if project Is not exempt from SEPA. 6
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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
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7. All existing conditions shall be ddfheated. Site and development plans shall provide the 5
following information:►i-
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a. Owners of adjacent land and the names of any adjacent subdivisions. H W
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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
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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.
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d. Location, floor area and setbacks of all existing structures on the site. U
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f. Location of proposed new property lines and numbering of each lot.
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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.
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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:
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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:
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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.
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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.
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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
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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—
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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—
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C. Criteria for Final Plat Approval: In approving the final plat, the City Council shall find: O
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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
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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
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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.
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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:
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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
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$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
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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:
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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).
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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.
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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.
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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
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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
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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
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. ..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_
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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_
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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
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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
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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-
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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
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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
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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.
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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.
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Attachment M
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3655
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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.
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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.
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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
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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).
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(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
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Sections:
17.08.010 Purpose.
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17.08.020 Scope.
17.08.030 Preliminary Approval.
17.08.040 Recording.
17.08.050 Expiration.
117.08.010 Purpose.
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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.
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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
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in quantities specified by DCD, and meet the criteria for approval. 2 1
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(1) A completed application on a form provided by the Department of Community z
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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:
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(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.
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(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
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(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
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3
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(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
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?!
(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.
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11
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(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
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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
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(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
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(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
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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
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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
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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
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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
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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
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(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
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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-
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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.
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............... ...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
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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
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(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
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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
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12 months of final approval.
(c) Streets.
unc�t:aec..
andifional fronto'`
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dicatio"as
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(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•
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(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
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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
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1(iii) Shall provide storm drainage to be approved by the Department of Public Works.
Chapter 11.18 TMC.
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gutters. and sidewalks according to Department of Public Works standards.
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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.
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Engineer. to safely accommodate traffic generated by the propos_ed subdivision or short plat,
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(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
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(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�
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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:
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(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
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(2) Require notice by the subdivider to the Public Works Director promptly upon completion of
all required improvements. • o
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(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
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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.
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(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 =
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(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
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(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
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(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 =
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18.06.xxx Block. N u'
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"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
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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
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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
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•
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
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37
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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
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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
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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
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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)
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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
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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-
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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
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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
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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
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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-
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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
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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
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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.
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2. Eliminate the PRD requirement for short plats and boundary line f- Ix w
adjustments (TMC 18.45.060 - Zoning Code). 6 D
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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
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3. Binding Site Improvement Plan (Chapter 17.16 TMC). w w
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BSIP not only with leased property, but also with new lots that are created within an U
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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.
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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
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• The Council approved the Planning Commission recommendation to require frontal w 0
improvements.
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6. Short Plat Road Standards (TMC 17.20.030(c)(6)). I" w
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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
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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
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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.
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The Fire Department recommends that Section 17.20.030 be modified as follows: ce j
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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
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• The Council decided to increase the cul-de-sac standard to the Fire Department I- w
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recommendation for multi -family development and commercial zones. i- O
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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
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• The Council decided to keep the current standard which allows up to 18% grades. . 2
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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
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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?
Very few short plats involve multi -family or commercial zones, staff is not aware of any
within the past four years.
Action:
• The Council decided not to require APRDs for any short plats.
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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
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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
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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.
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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
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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.
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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\
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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
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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
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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 •
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:, �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
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(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•.
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:\subord\cowissue.doc ,
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: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*
•
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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?
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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
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Road Standards in South County Jurisdicti
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a.)
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200'
4
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60'
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Req. if existing in
neighborhood, or
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All short plats
To match existing
00
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peak trip
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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 ***
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26'
20'
500'
6
Req. if existing in
neighborhood
All new roads
To match existing
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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
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20' 40'
18' 22'
None
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Req. for 2 or more
new houses
All short plats
If required for access
O O
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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
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60 feet dia.
20 feet
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60 feet
15
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36 feet
30 feet
26 feet
60 feet dia.
15 feet
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Proposed
48 - 84 feet
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60 feet (diameter)
15 feet
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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
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60 - 80 feet
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40 feet
80 feet (diameter)
20 feet
20 feet
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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 ` .
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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.
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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
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Page 3
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• 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
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.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
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• Provide only one width for road paving and right-of-way for each class of road. w
• Modify the ranges of widths.
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8. Standards Relating to Emergency Access
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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:
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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?
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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
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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
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(a) Environmental Considerations
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(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
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• 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. �
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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?
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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
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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:
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• 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
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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.
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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
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Staff drafted the shoreline access language in response to Comprehensive Plan Policy H
5.6.6 which states: - v
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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
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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
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• 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).
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3. Should the definition of right-of-way be changed? p
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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.
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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.
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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.
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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-
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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
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At each Council meeting citizens are given the opportunity to address the Council on items that are not v
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included on the agenda during CITIZENS COMMENTS. Please limit your comments to five minutes. o �-
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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
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Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel
matters. O 1-
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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
...............................
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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.
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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
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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:
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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
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CC RE: Subdivision Ordinance Work Session
JU
DATE: June 23, 1997 w o
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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
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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
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Key Changes o
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Below the Planning Commission recommendations are presented below, U
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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
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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
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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
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• 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
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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
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3
3
3
3
3
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3
3
3
3
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3
3
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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
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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
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File
Name of Project ;J���/1�Or\ vj� retile nC.�
.Signature Number Lg 6 -C-7a
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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
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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
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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:
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• 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,
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3. Sufficient detail as to the procedural requirements of the ordinance. 6 =
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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
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4. Organize the regulations to be as user friendly as possible,
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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
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CONCLUSION o
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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.
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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.
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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.
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Final
Approval
Recording
Deferred
Improvements
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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.
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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
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Mr. Pace said that he had met with Mr. Livermore and explained the State and Federal co w
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definitions of solid waste and decided a memo to the Commission was not needed.UJ
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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
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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.
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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
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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)."
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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.
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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
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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
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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
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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
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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
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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.
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• 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
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• The notice was also mailed to surveyors in Seattle and South King County. JLLI
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• An article was published the January issue of the Hazelnut. w 0
• The Chamber of Commerce was briefed in January.
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• Notice was published in the Seattle Times.
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Two versions of the draft subdivision ordinance have been prepared for this w o
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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
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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
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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.
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• 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
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• The tree inventory requirement in 17.20.030(a)(2) has been eliminated as it w
duplicates the application submittal requirement. z
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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
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Recommendation
Page 3
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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
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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
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(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
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(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
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re-leasehold-aQFeemeAce
(31) "Short subdivisio " en -of -land -int
division
- - - - - " "
!vision,
(36) "Tract" means a par-
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-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
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(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
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(e) Legal description of the subdivision boundaries, w
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(f) A complete survey of the section or sections in which the plat or replat is located. if w 0
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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
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(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.
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Draft Subdivision Ordinance Planning Commission, January 23, 1997
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(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
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(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
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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
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(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-
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(5) Certification of examination and approval by the County Assessor. o
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(6) Recording Certificate for completion by the King County Department of Records and w w
Elections. v
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(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- =
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(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.
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(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.
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(C) Location and floor area of all structures on the site. and their setbacks tea—.
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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
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(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�
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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
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(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
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(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,
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Cl -ckl's
a
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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
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en if ed i T
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(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
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(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
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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.
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(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
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(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
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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
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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:
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(2) Completed Application Checklist. v o
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(3) A complete SEPA Checklist application if project is not exempt from SEPA, w
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(4) Complete applications for other required land use approvals. 2
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(5) A vicinity map showing location of the site. a
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(6) A survey prepared to the standards identified in TMC Section 17.04.060. z
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(7) All existing conditions shall be delineated. Site and development plans which provide the w w
following information: U o
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(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
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{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
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(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+
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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 :!^.�
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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
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(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
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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.
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(4) Require financial security to be provided by the subdivider pursuant to subsection "c" w
below.
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(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
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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
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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
•
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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
•
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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 =
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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-
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designed to be used or occupied." w w
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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
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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
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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
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"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. ¢
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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
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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.
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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
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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
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18.06.100 Building height. 0 O
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"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
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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
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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-
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18.06.120 Bus station . 0 N
"Bus station" means a facility providing connections between buses serving different inter -city 0'-
routes.
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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
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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
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"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.
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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
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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
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8.06.225 Director. w w
"Director" means the Director of the Department of Community Development. n o
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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
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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
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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
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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
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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.
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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
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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
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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
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18.06.430 Horne occupation.
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"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
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"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
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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
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"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
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"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
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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
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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
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for the use to which the land is put.
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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
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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
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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
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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.
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18.06.615 Parking space. _ I.:
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purpose of accommodating a temporarily parked motor vehicle and which has access to a street 2
or alley. -J o
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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
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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
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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
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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
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18.06.xxx Private access road.
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"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
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18.06.640 Property owner.
"Property owner" means the owner of record for a site, or his or her authorized representative. cn a
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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
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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;
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68
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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
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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
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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.
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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-
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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(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
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, 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
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(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
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(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.
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(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
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(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.
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(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
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adjustment.
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(C) Location and floor area of all structures on the site, and their setbacks 0 !—
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from existing and new property lines. w • w
(D) Location and purpose of all easements on the site. z
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(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.
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(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
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(5) Existing easements for utilities are appropriate for their intended function, or they
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After preliminary approval has been granted, an application for final approval shall be submitted to o
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(a) A complete final application shall consist of the documents required for recording which i• v▪ --
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(1) Drawing or survey of the boundary line adjustment. 1—.
(2) Before and after legal descriptions of the affected lots. o
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(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
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(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
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(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.
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(8) As -built plans for all new roads and utilities. 1 w
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(9) Binding maintenance agreements to provide for the maintenance of commonly owned B
private facilities. v vo
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(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).
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(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
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(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
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(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
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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
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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
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Chapter 17.14 g 5
DETAILED PROCEDURES N
FOR SUBDIVISIONS w
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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
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(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
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(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.
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(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.
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(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
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(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
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(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
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(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
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(5) Private covenants intended to be recorded with the plat. 0
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(6) Any documentation necessary to demonstrate conditions of preliminary plat approval o '-
have
have been met. i w
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(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:
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(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
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(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
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(e) All phases shall be recorded within the five year life of the preliminary plat, unless an 0
extension is granted. co 0
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17.14.050 Expiration Period
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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.
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Chapter 17.16 f- O
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DETAILED PROCEDURES FOR
BINDING SITE IMPROVEMENT PLAN (BSIP) D • o
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Sections: o
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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
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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
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(3) A complete SEPA Checklist application if project is not exempt from SEPA. H
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(4) Complete applications for other required land use approvals.
� j(5) A vicinity map showing location of the site. N a
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(6) A survey prepared to the standards as specified in TMC Section 17.04.060.
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(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-
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(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
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(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
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(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
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(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.
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(10) The yard requirements of the Uniform Building Code are met. N d
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17.16.040 Final Approval of plan. Z =
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(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 '.
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(b) Once the Short Subdivision Committee determines the survey, plan and other documents ~ r
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for recording are consistent with the preliminary approval, it will be certified for filing by the Chair Z
of the Short Subdivision Committee. vco
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(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
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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
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17.20.010 Applicability. N 0
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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.
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17.20.020 Improvements, Supervision, Inspections and Permits Required H w
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(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 >
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with specifications and standards of this code, approved by the Public Works Department, and in oo
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accordance with other standards of the City. o F-
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(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
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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
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(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
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(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
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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
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(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
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(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
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(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
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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
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(a) Work shall not be commenced until plans have been checked for adequacy and approved by 1._
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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
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(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-
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(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-
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conditions arise during construction to warrant the change. O
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(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'
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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
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(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
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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.
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(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
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(4) Require financial security to be provided by the subdivider pursuant to subsection "c" coo
below. w =
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(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
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(6) Provide that if the required improvements are not completed within that time, the City may = w
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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
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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-
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(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
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(1) A surety bond executed by a surety company authorized to transact business in the State N
of Washington. o
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(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
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(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
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(d) Amount of financial security: The financial security provided shall be 150% of the estimated w w
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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
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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
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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 =
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public interest. An exception shall not be granted unless:o
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(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
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(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 ~ .
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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.
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(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
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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
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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.
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PLANNING COMMISSION PUBLIC HEARING 2
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CASE NUMBER: L96-0072 N
APPLICANT:City of Tukwila = a
REQUEST: Update of Subdivision Ordinance. z
LOCATION: City Wide. z 0
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CASE NUMBER: L96-0064 2
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APPLICANT: City of Tukwila
REQUEST: Revisions to TMC 18.56, Off -Street Parking and Loading w
requirements. w • w
LOCATION: City Wide. H
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CASE NUMBER: ' L96=0061: GTEw z
APPLICANT: Paul Ingraham v
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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 =
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Those and other changes incorporated are intended to achieve several w o
objectives: 2
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• 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-
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SUMMARY OF SIGNIFICANT CHANGES —o
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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
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requirements (Ch. 18.46).
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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
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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
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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.
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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
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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=
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organizational changes have all been drafted with the Comp. Plan policy 1.- 0
encouraging infill short plats in mind. u.o
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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:
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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
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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.
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{3) 'Block" means a group of lots, tracts or pa ivided;-and-are
a-subdivvision
2
11
{9) "Dedication" mea
"
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(12) "Final approval"mea
18.13 and Iico
(16) "Lot" means a fraction
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(17) "Lot, corne
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(18) "Lot front
been-se-Feaefded:.
sensideceel-fr-ent,
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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
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Muni-
duly-advertised--publis-heaFisg,
(29) "Privet
esigReel-or-used
and 17.28.050 of this code.
pesial-asse-ss-
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hieh-sepies
t to Section 17.2,1.030
sed for public roads, —lake -ways
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and -final -plats,
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17.04.070 Exceptions
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(1) Cemetories and bur'
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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
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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
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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.
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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.
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(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
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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
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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.
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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.
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(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.
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exempt from subdivision regulations (58.17.040(6) RCW).
9
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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,
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(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.
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includes:
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(3) Affidavit of ownership.
have been met.
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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.
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The- following--pFinci l
euladivision€4,
(5) Comply with Chapter 17.20,
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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
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. �.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
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(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
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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
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(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.
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22
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(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-
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1- ••11-1 • J- 1
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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—
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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
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(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
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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
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(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
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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
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(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
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(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
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(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
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• 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•-• .
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•
s
.
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•o••
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n of
line only and not for distance.
42
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I1- •1 .
1-
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•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
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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
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QQ �
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LL
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Length
=--•-•=" -
17.28.090 Lots.
(2) Corner lots
et -lines -
et -lines -Of
{Ord. 1014(part), 1977)
45
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WO
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g a
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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
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•1 •Ill - l - •
- • -i 11 1-►
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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
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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 •
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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
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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-
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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.
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49
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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
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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.
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52
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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
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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
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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.
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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-
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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
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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
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"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. ¢ •
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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
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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
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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
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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
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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
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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
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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
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D"Director" means the Director of the Department of Community Development. o i-
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8.06.230 District. u. ro:
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"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
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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
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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.
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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
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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
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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
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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
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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.
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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
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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-
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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
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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
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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:
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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.
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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
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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.
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18.06.385 Hazardous substance.N D
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"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
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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
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18.06.395 Hazardous tree. Lii co
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"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.
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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.
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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.
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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
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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
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6. An off-street parking space shall be made available for any non-resident employee. 1 I
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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
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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.
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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.
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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.
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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
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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-
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"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.
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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
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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.
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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.
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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
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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
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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
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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.
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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.
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18.06,xxx
Planning Commission.
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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.
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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
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"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.
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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.
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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
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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
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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
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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.
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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
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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.
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"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
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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
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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
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18.06.890 Use, unclassified.2 D
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"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
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18.06.895 Unlisted use. - o
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"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
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74
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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
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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:
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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
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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
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(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.
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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
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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:
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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.
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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
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fAiqT TO CA ( Prtilog- (0-31 (e
Name of Project AlOd('ti/COSI()r) ()kid Signatur
File Number /f/(P— Ot.)1
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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
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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
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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
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Recommendation: Eliminate the requirement for a PRD for short plats and for co~.
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boundary line adjustments.
Additional Changes Proposed L
cod
In the time between now and the next work session/public hearing, staff will prepare
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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
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• 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
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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
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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
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