HomeMy WebLinkAboutOrd 2649 - TMC TItle 17 "Subdivisions and Plats" and Title 18 "Zoning" AmendmentsCity of Tukwila
Washington
Cover page to Ordinance 2649
The full text of the ordinance follows this cover page.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES
AS CODIFIED IN TUKWILA MUNICIPALCODE TITLE 17,
"SUBDIVISIONS AND PLATS," AND TITLE 18, "ZONING," AT THE
SECTIONS AS STATED HEREIN, TO INCORPORATE CODE
AMENDMENTS PROVIDING A PROCESS TO MODIFY A
SUBDIVISION PROJECT AFTER IT HAS RECEIVED PRELIMINARY
APPROVAL, TO DELEGATE FINAL PLAT APPROVAL TO THE
❑IRECTOR OF COMMUNITY DEVELOPMENT, TO CHANGE THE
PROCEDURES FOR PHASING OF A SUBDIVISION, AND TO
PROVIDE FOR ADDITIONAL EXTENSIONS TO THE PRELIMINARY
APPROVAL EXPIRATION OF PHASED SUBDIVISIONS;
REPEALING ORDINANCE NOS, 2499 AND 2294; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE,
Ordinance 2649 was amended or repealed by the following ordinances.
AMENDED
Section(s) Amended
Amended by Ord #
2
2677
11
2678, 2718
REPEALED
Section(s) Repealed
Repealed by Ord #
2-10
2740
11
2741
Cl*ty of Tu11CWi*11Laf-%
Washington
Ordinance • I
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES
AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 17,
"SUBDIVISIONS AND PLATS," AND TITLE 18, "ZONING," AT THE
SECTIONS AS STATED HEREIN, TO INCORPORATE CODE
AMENDMENTS PROVIDING A PROCESS TO MODIFY A
SUBDIVISION PROJECT AFTER IT HAS RECEIVED PRELIMINARY
APPROVAL, TO DELEGATE FINAL PLAT APPROVAL TO THE
DIRECTOR OF COMMUNITY DEVELOPMENT, TO CHANGE THE
PROCEDURES FOR PHASING OF A SUBDIVISION, AND TO
PROVIDE FOR ADDITIONAL EXTENSIONS TO THE PRELIMINARY
APPROVAL EXPIRATION OF PHASED SUBDIVISIONS;
REPEALING ORDINANCE NOS. 2499 AND 2294; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the rules, regulations, requirements, and standards for subdividing land
in the City of Tukwila are contained in Title 17, "Subdivisions and Plats," of the Tukwila
Municipal Code; and
WHEREAS, permit application types and procedures, including those for subdividing
land in Tukwila, are contained within Title 18, "Zoning," of the Tukwila Municipal Code;
and
WHEREAS, the Tukwila Municipal Code (TMC)does notcurrently provide a process
for modification of most types of subdivisions after preliminary approval has been issued
and before final approval is provided; and
WHEREAS, the need fora process to modify a subdivision in between the preliminary
approval and final approval stages of a project has arisen multiple times, requiring an
applicant to withdraw preliminary approved projects in order to make modifications that
can at times be minorin nature; and
WHEREAS, the addition of a process to modify a subdivision in between the
preliminary approval and final approval stages will provide City staff and applicants
direction on how to address proposed minor and major modifications after a project has
received preliminary approval; and
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WHEREAS, a 2017 update to Section 58.17.100 of the Revised Code of Washington
allows the City Council, by ordinance, to delegate final plat approval to an established
planning commission oragency, or to such other administrative personnel; and
WHEREAS, TMC Section 17.14.040 outlines the process for review and approval of
a proposal to record a subdivision in phases, which currently is bed to final platreview by
the City Council; and
WHEREAS, the Hearing Examiner is the hearing body that reviews a subdivision
preliminary plat (unless there is an associated design review whereby the subdivision
preliminary plat public hearing and decision can be combined for review by the Planning
Commission); and
WHEREAS, a proposal for a phased subdivision can be reviewed by the Hearing
Examineras a Type 3 decision, (or by the Planning Commission as a Type 4 decision if
there is an associated design review); and
WHEREAS, there is a need to offer a process to modify an approved phasing plan;
and
WHEREAS, the Tukwila Planning Commission held a public hearing and provided
recommendations on amendments to the subdivision procedures in Title 17 and Title 18
of the Tukwila Municipal Code at its November 12, 2020 meeting; and
WHEREAS, the Tukwila City Council hereby finds that the amendments set forth
herein are in the best interest of the public health, safety, and welfare; and
WHEREAS, the Tukwila City Council desires to adopt the amendments to Title 17
and Title 18 as set forth in this ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Adoption of Findings of Fact. The City Council hereby adopts the
foregoing recitals and incorporates them herein as support for these amendments.
Section 2. Ordinance No. 1833 §1 (part), as codified at Tukwila Municipal Code
(TMC) Section 17.08.030, is hereby amended to read as follows:
17.08.030 Preliminary approval
A. In order to receive preliminary approval, the applicantshall submitto the Director
(as defined in TMC Chapter 18.06) a complete application, in quantities specified by the
City, and meet the criteria for approval.
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B. A complete application consists of the following:
1. A completed application on a form provided by the City and fee as identified
in TMC Chapter 18.88.
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 showthe 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.
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 that demonstrate that required yards of the Uniform
Building Code are met.
3. Before and after legal description of the affected lots.
C. 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 non -conforming lots 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, zoningsetbacks andfloorarea 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 orany other locally administered regulation.
D. Minor and major modifications to a preliminary approval.
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1. Minor modifications proposed by an applicant after a preliminary approval
decision has been issued may be approved by the Director as a Type 1 decision, based
on review and recommendations of the Short Subdivision Committee. The Director may
include conditions as part of an approval of a minor modification to ensure conformance
with the criteria below. Minor modifications are those which:
a. Do not increase the number of lots beyond the number previously
approved, orwhich maintain the numberof lots, or that decrease the numberof lots in the
subdivision belowthe number previously approved.
b. Do not decrease the aggregate area of open space, or the design or
location of stormwater systems or roadways in the project by 10% or more.
c. May realign internal roadways and lot lines, but do not relocate any
roadway access pointto an exterior street.
d. Do not alter the exterior boundaries of the project.
e. Are consistentwith applicable developmentstandards and will not cause
the boundary line adjustment or lot consolidation to violate any applicable City policy or
regu lation.
f. Are con sisten t with the conditions of the preliminary approval, provided
that a minor modification may revise conditions of the preliminary approval so long as the
revisions are consistent with the minor modification limitations set by TMC Section
17,08.030.D.a-e.
2. Major modifications are those which, as determined by the Director, are not
minor modifications as defined in this code, oreither add property or lots or substantially
change the basic design, density, open space, or other substantive requirement or
provision. If the applicant proposes to make one or more major changes, the revised
plan(s) shall be processed as a new application.
Section 3. Ordinance No. 1833 §1 (part), as codified at TMC Section 17.12.020, is
hereby amended to read as follows:
17.12.020 Preliminary short plat approval
A. Application/fees. The following items are required, in quantities specified by
the City, for a complete Short Plat application for preliminary approval. Items may be
waived if, in the judgmentof the Short Subdivision Committee, they are notapplicable to
the proposal:
1. Items contained in TMC Section 18.104.060.
2. Completed Preliminary Short PlatApplication Form as prescribed by the City
with fee as identified in TMC Chapter 18.88.
3. Completed Application Checklist.
4. A complete SEPA Checklist application if project is not exempt from SEPA.
5. Complete applications forother required land use approvals.
6. A vicinity map showing location of the site.
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7. A survey prepared to the standards identified in TMC Section 17.04.060.
8. Site and development plans that 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 lotto 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 that 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 the project boundaries.
j. Location of any critical areas and critical area buffers (slopes 15% or
greater, wetlands or watercourses) on the site.
k. Location, size and species of any trees located within a critical 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 TMC
Chapter 18.54, "Urban Forestry and Tree Regulations."
I. Location of existing and/orproposed 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 Director 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.
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2. Short Subdivision Committee Decision. The Short Subdivision
Committee may approve, approve with modifications, or deny the application for a short
subdivision pursuantto Type 2 permit procedures. No formal meeting of the Committee
is required so long as the Chair obtains the recommendation s and consent of the other
members of the Committee before issuing a decision.
C. Criteria for preliminary short plat approval. The ShortSubdivision 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 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 that are consistent with current
standards and plans.
3. Appropriate provisions have been made for road, utilities and other
improvements that are consistentwith 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 otherrelevant local regulations.
D. Minor and major modifications to a preliminary short plat approval.
1. Minor modifications proposed by an applicant after a preliminary approval
decision has been issued may be approved by the Director as a Type 2 decision, based
on review and recommendations of the Short Subdivision Committee. The Director may
include conditions as part of an approval of a minor modification to ensure conformance
with the criteria below. Minor modifications are those which:
a. Do not increase the number of lots beyond the number previously
approved, or which maintain the numberof lots, or that decrease the numberof lots in the
subdivision belowthe number previously approved.
b. Do not decrease the aggregate area of open space, or the design or
location of stormwater systems or roadways in the project by 10% or more.
c. May realign internal roadways and lot lines, but do not relocate any
roadway access pointto an exterior street.
d. Do not alter the exterior boundaries of the project.
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e. Are consistentwith applicable developmentstandards and will not cause
the short plat to violate any applicable City policy or regulation.
f. Are consistentwith the conditions of the preliminary approval, provided
that a minor modification may revise conditions of the preliminary approval so long as the
revisions are consistent with the minor modification limitations set by TMC Section
17.12.020.D.a-e.
2. Major modifications are those which, as determined by the Director, are not
minor modifications as defined in this code, or either add property or lots or substantially
change the basic design, density, open space, or other substantive requirement or
provision. If the applicant proposes to make one or more major changes, the revised
plan(s) shall be processed as a new application.
Section 4. Ordinance Nos. 2124 §1 and 1833 §1 (part), as codified at TMC Section
17.14.020, are hereby amended to read as follows:
17.14.020 Preliminary plat
A. Decision process. Applications forprelimin ary plat approval shall be processed
as a Type 3 decision (or Type 4 decision when there is an associated design review)
subject to the provisions of TMC Section 18.108.030 (or TMC Section 18.108.040).
B. Application. The following items are required, in quantities specified bythe City,
for a complete application for preliminary plat approval. Items may be waived if, in the
judgmentof the Director, the items are notapplicableto the particular proposal:
1. Completed Preliminary Plat Application Form and fee, as identified in TMC
Chapter 18.88.
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 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.
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g. Location, dimension and purpose of existing and proposed easements.
Provide recorded documents that 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 critical areas and critical area buffers (slopes 15% or
greater, wetlands or watercourses) on the site.
k. Location, size and species of any trees located within a critical 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 TMC
Chapter 18.54, "Urban Forestry and Tree Regulations."
I. Source of water supply, method of sewage disposal, and manner of
surface ru n off 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.
o. A survey of existing trees and vegetation with a retention /removal plan
forthe 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. Two sets of mailing labels for all property owners and tenants (residents or
businesses) within 500 feet of the subdivision.
10. Items required by TMC Section 18.104.060 not already listed above.
1. Referral to Other Offices. Upon receipt of a complete preliminary plat
application, the Director shall transmit a notice of application and one copy of the
preliminary plat to each of the following offices, where appropriate: PublicWorks, 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. Departmental Review. The other interested departments and agencies
shall review the preliminary plat and may submit to the Department of Community
Development written comments with respectto the preliminary plat decision criteria.
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3. Public Notice and Public Hearing. The process for publicnotice, hearings,
decisions and appeals shall be as provided for Type 3 decisions (or Type 4 decisions if
the plat is combined with an associated design review) as identified in TMC Title 18,
"Zoning Code."
D. Criteria for preliminary plat approval. The decision -maker 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 thatare consistentwith current
standards and plans.
3. Appropriate provisions have been made for road, utilities and other
improvements that are consistentwith 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 otherrelevant local regulations.
7. Appropriate provisions for main ten an ce of privately owned common facilities
have been made.
8. The subdivision complies with RCW 58.17.110.
E. Minor and major modifications to an approved preliminary plat.
1. Minor modifications proposed by an applicant after a preliminary approval
decision has been issued may be approved by the Director as a Type 2 decision, based
on review and recommendations of City departments including Public Works, Fire,
Building, and Planning. The Director may include conditions as part of an approval of a
minor modification to ensure conformance with the criteria below. Minor modifications
are those which:
a. Do not increasethe numberof lots in the subdivision beyond the number
previously approved, or which maintain the number of lots, or that decrease the number
of lots in the subdivision below the number previously approved.
b. Do not decrease the aggregate area of open space, or the design or
location of stormwater systems or roadways in the subdivision by 10% or more.
c. May realign internal roadways and lot lines, but do not relocate any
roadway access pointto an exterior street from the plat.
d. Do not alter the exterior boundaries of the subdivision.
e. Are con sistentwith applicable developmentstandards and will not cause
the subdivision to violate any applicable City policy or regulation.
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f. Are consistent with the conditions of the preli min ary approval, provided
that a minor modification may revise conditions of the preliminary approval so long as the
revisions are consistent with the minor modification limitations set by TMC Section
17.14.020.E.a-e.
2. Major modifications are those which, as determined by the Director, are not
minor modifications as defined in this code, or either add property or lots or substantially
change the basic design, density, open space, and or other substantive requirement or
provision. If the applicant proposes to make one or more major changes, the revised
plan(s) shall be processed as a new application.
Section 5. Ordinance No. 1833 §1 (part), as codified at TMC Section 17.14.030, is
hereby amended to read as follows:
17.14.030 Final plat
A. Application. The following items are required, in quantities specified by the City,
for a complete application forfinal platapproval. Items may be waived if in the judgment
of the Director said items are not applicable to the particular proposal:
1. Completed Application Form and fee as identified in TMC Chapter 18.88.
2. Completed Application Checklist.
3. Copies and one original of the final plat survey in conformance with the
standards set forth in TMC Section 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 45 calendardays prior to the date
of filing the application forfinal platapproval.
5. Private covenants intended to be recorded with the plat.
6. Any documentation necessaryto demonstrate conditions of preliminary plat
approval have been met.
7. King County Assessors maps which show 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 500feetof 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 surveyorthat prepared the plat, the King County Treasurer, Seattle -
King County Health Department, City of Tukwila Finance Director, Owner's affidavitand
certificate of dedication as identified in TMC Section 17.04.060.13.2.
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B. Final Plat Review Procedures. Applications for final plat approval shall be
processed as a Type 2 decision subject to the provisions of TMC Section 18.108.020.
1. Referral to Other Departments and Agencies. The Director shall
distribute the final platto all departments and agencies who received the preliminary plat
and to anyoth er departments, special purpose districts and other governmental agencies
deemed necessary.
2. Departmental Approval. The other interested departments and agencies
shall review the final platand may submitto 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
a. Before the final plat is submitted to the Director, it shall be signed by the
City Treasurer (Finance Director) and the Director of PublicWorks. Upon approval by the
Director, it shall be signed by the Mayor and attested by the City Clerk.
b. The applicant shall file the final plat with the King County Department of
Records and Elections. The plat will be considered complete when a copy of the recorded
documents is returned to the Director.
C. Criteria for final plat approval. In approving the final plat, the Director shall
find:
1. That the proposed final plat bears the required certificates and
statements of approval.
2. That a title insurance reportfumished bythe subdividerconfirmsthe btle
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
subdividerhave been completed or, alternatively, that the subdividerhas submitted with
the proposed final plat a performance bond or other security in conformance with TMC
Section 17.24.030.
4. That the plat is certified as accurate by the land surveyor responsiblefor
the plat.
5. That the plat is in conformance with the approved preliminary plat.
6. That the plat meets the requirements of Chapter58.17 RCW and other
applicable state and local laws which were in effect at the time of preliminary plat
approval.
Section 6. Ordinance No. 1833 §1 (part), as codified at TMC Section 17.14.040, is
h ereby a men ded to read as follows:
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17.14.040 Phasing
A. Approval of phasing plan. The subdivider may develop and record the
subdivision in phases. Any phasing proposal shall be submitted for Hearing Examiner
review at the time at which a preliminary plat is submitted. If there is an associated design
review application, the phasing proposal and associated preliminary plat may be
combined with the design review application and submitted for Planning Commission
review. If modifications to an approved phasing plan are proposed, they shall be
resubmitted for review by the original preliminary plat decision -maker. Approval of the
phasing plan shall be based upon making the following findings:
1. The phasing plan includes all land contained within the approved preliminary
plat, including areas where off-site improvements are being made.
2. The sequence and timing of development is identified on a map.
3. Each phase shall con sistof 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.
4. Each phase provides adequate circulation and utilities. Public Warks 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 pursuantto TMC Chapter 17.24.
5. The first phase submitted for final subdivision approval must be recorded
within five years of the date of preliminary plat approval, unlessan extension is granted
pursuant to TMC Section 17.14.050.13, TMC Section 17.14.050.0 and TMC Section
17.14.050.D.
Section 7. Ordinance Nos. 2124 §2 and 1833 §1 (part), as codified at TMC Section
17.14.050, are hereby amended to read as follows:
17.14.050 Expiration
A. The preliminary plat approval for a subdivision shall expire unless a complete
application for final plat meeting all requirements of this chapter is submitted to the
Directorwithin fiveyearsof the date of preliminary plat approval; provided thatthe Director
may extend a preliminary plat pursuantto this section.
B. Time Limitations. Extension(s)shall be requested in writing and are subject to
the criteria set forth in TMC Section 17.14.050.C. The extension(s) shall be subject to
the following time limitations:
1. P rel i mi n ary pl ats less than 100 acres th at receive approval after the effective
date of this ordinance shall expire within five years from the date of the preliminary
approval; provided that the su bdivider h as the option of req u esti n g one 1 -year extension,
for a maximum of six years from the date of the preliminary approval to the date of
recording of the final phase.
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2. Preliminary plats greater than 100 acres and that received approval prior to
the effective date of this ordinance shall expire within five years from the date of the
preliminary plat approval; provided that the subdividerhas the option of requesting upto
three extensions as follows: the first extension may be for three years, and each
subsequent extension for not exceeding two years each. This allows for a maximum of
12 years between the date of the preliminary approval and the date of recording of the
final phase.
C. Criteria for Granting Extensions. The following criteria shall be used to review
an extension requestfor a preliminary plat approval:
1. A written request for extension is filed at least 30 days before the expiration
of the preliminary plat; and
2. Unforeseen circumstances or conditions that are not the result of voluntary
actions of the applicant necessitate the extension of the preliminary plat; and
3. Conditions within the subject property or immediately adjacent to the subject
property have notchanged su bstantiallysince the preliminary platwas first approved; and
4. An extension of the preliminary plat will not cause substantial detriment to
existing uses in the immediate vicinity of the subject property or to the community as a
whole; and
5. The applicant has demonstrated reasonable diligence in attempting to meet
the time limit imposed; and
6. The preliminary plat complies with applicable City code provisions in effect
on the date the application forextension was made.
D. Process for Granting Extensions. Applicant shall request the extension in
writing prior to the expiration of the preliminary plat approval. The request shall include
discussion of how it complies with the criteria listed underTMC Section 17.40.050.C. The
Director shall review and approve requests for an extension of a preliminary plat. The
Director shall provide 14 -day noticeto all parties of record forthe preliminary plat approval
prior to making the decision on the extension. The Directors decision will also be
provided to all parties of record.
E. Appeal Process for Extensions. The Director's decision regarding the
extension request may be appealed to the Hearing Examiner pursuantto TMC Chapter
18.116. The Hearing Examiner shall hold a closed record appeal hearing based on the
information presented to the Director.
Section 8. Ordinance Nos. 1971 §21 and 1833 §1 (part), as codified at TMC Section
17.20.030, are hereby amended to read as follows:
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17.20.030 General Standards
A. Environmental Considerations.
1. Critical Areas. Land that contains a critical area or its buffer as defined in
TMC Title 18, or is subject to the flood zone control ordinance as defined in TMC Chapter
16.52, shall be platted to reflect the standards and requirements of the critical areas
overlay zone, TMC Chapter 18.45, the planned residential development overlay if
required pursuantto TMC Chapter 18.46, and/orthe flood zone control ordinance,TMC
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 TMC Chapter 18.54,
"Urban Forestry and Tree Regulations," 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. 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. 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. Accessory structures. 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 that the accessory structure will be
demolished if a residence is not builton 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 Director 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.
Grading of steep topography maybe necessary to achieve this objective. However, in
critical areas, the layout and construction of streets shall follow the standards and
procedures of the critical 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.
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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, wh ateverth e classification,
shall beat right angles as nearly as possible and not be offset insofar as practical.
4. Street layout. Street layout shall provide for the most advantageous
developmentof 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
min imizethe amou ntof cut and fill requirements of the proposal. Where critical areas are
impacted, the standards and procedures for rights-of-way in the critical 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 fou r lots n or are more than 200 feet in length. Those access roads 150
feet or greater in length shall have a turnaround bu i It to Fire Department standards.
e. For commercial and industrial subdivisions, when private access roads
are authorized, there shall be a minimum easementwidth of 40 feet. With the exception
of minimum easementwidths, 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 easementwere a public right-of-way.
6. Public roads.
a. Right-of-wayan d paving widths forpu blic roads shall be based as shown
in the following table. The minimum paving and right-of-waywidth 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.
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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
92 feet (dia.)
81 feet (dia.)
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 600 feet unless the City determines that
adequate alternative emergency access will be provided.
(2) Street Grades: Street grades shall not exceed 15%. However,
provided there are no veh icu lar access points, grades may be allowed up to 18%, far 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 minimizedisturbanceof critical 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:
(1) When interiorto 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:
(a) Shall be graded as necessary to conform to Department of
Public Works standards.
(b) Shall be of asphaltic concrete according to Department of
Public Works standards.
(c) Shall have permanent concrete curbs and gutters according to
Department of Public Works standards.
(d) Shall have storm drains consisting of the proper size pipe and
catch basins; sizes to be approved by the Department of Public Works priorto the public
hearing forthe preliminary plat.
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(e) Shall have sidewalks provided at a minimum width as specified
in TMC Chapter 11.12.
(2) 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 and installed to full width improvementas provided below:
(a) Shall be graded as necessary to conform to Department of
Public Works standards.
(b) Shall be of asphaltic concrete according to Department of
Public Works standards.
(c) Shall provide storm drainage to be approved by the Department
of Public Works.
(d) Shall provide sidewalk right-of-way or easements at a minimum
width as specified in TMC Chapter 11.12.
(e) Shall construct or provide L.I.D. no -protest agreements for
permanent concrete curbs, gutters, and sidewalks according to Department of Public
Works standards.
(f) Shall be dedicated to the City or subjectto a binding agreement
for future dedication.
(3) All privately owned roads that will serve four or fewer houses shall
be designed and installed to full width improvementas provided below:
(a) Shall be graded as necessary to conform to Department of
Public Works standards.
(b) Shall be of asphaltic concrete according to Department of
Public Works standards.
(c) Shall provide storm drainageto be approved by the Department
neran—leffaNVOT M
d. Half width improvement:
(1) Streets abutting the perimeter of a subdivision orshort 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 exist to
serve the subdivision; provided further that there are no physical obstructions to
completingthe otherhalfof the roadway; andthat there is a minimumof 20 feet of paving.
(2) If the future grade or alignment of the adjacent public street is
unknown and it is not feasible to establish the grade in a reasonable period or the
immediate improvementof the street would resultin a short, isolated segmentof improved
street and similarstreet improvements in the vicinityare unlikelyto occurwithin sixyears,
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; howeveradjacent 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 orshort plat.
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(3) Streets abutting the perimeter of a short plat of four or fewer lots
shall provide L.I.D. no -protest agreements for construction offrontal improvements on the
halfofthe street adjacentto the site, provided thatthere is a minimumof 20 feet of paving.
D. Utilities.
1. Generally. All utilities designed to serve the subdivision shall be placed
underground and, if located within a critical area, shall bedesigned to meet the standards
of the critical areas overlay zone. Those utilities to be located beneath paved surfaces
shall be installed, including all service connections, as approved by the Department of
PublicWorks; 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 Warks Department.
2. 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.
3. Storm drainage. The storm drainage collection system shall meet the
requirements of the City's stormwater ordinance standards (TMC Chapter 14.28).
4. 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 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
normore than 15 feet in width, eitherby dedication or easement, to extend entirelyacross
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 Director may approve a single tier.
3. Pedestrian considerations. Blocks, roads and pedestrian improvements
shall be designed to provide a safe and convenient pedestrian network.
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F. Lots.
1. Arrangement. Insofar as practical, side lot lines shall beat 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
forthe location of the subdivision, forth e type of developmentand land use contemplated,
and shall conform with the requirements of the zoning ordinance.
3. Cornerlots. Corner lots maybe required to be platted with additional width
to allow for the additional side yard requirements.
G. Landscaping.
1. Each lot within anew subdivision orshort 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 su bdividershall be responsible forthe initial cost of any street
name or n u mbersigns, or street markings, including installation thereof, thatPublicWorks
finds necessary for the subdivision.
I. Lighting. Street lighting shall conform to the Department of Public Works
standards unless the Public Works Director requires alternative fixtures, poles, and/or
spacing to contribute to an overall design conceptof the subdivision.
J. Monumentation.
1. Imprinted monument All monuments set in subdivisions shall beat least
1/2 inch x 24 -inch steel bar or rod, or equivalent, with durable cap imprinted with the
license numberof the land surveyor setting the monument.
2. Centerline monument. After paving, except as provided in TMC Section
17.20.030.J.5, 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 comers, and
beginnings and endingsof curbs shall beset with monuments, exceptas provided in TMC
Section 17.20.030.J.5. 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 onlyand notfor distance.
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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 90 days of final subdivision construction inspection by the
Department of Public Works, and if the developer guarantees such interior
mon u mentation.
5. Post-monumentation bonds. In lieu of setting interior monuments prior to
final platrecording as provided in TMC Section 17.20.030.J.3, 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.
Section 9. Ordinance Nos. 2124 §3 (part) and 1833 §1 (part), as codified at TMC
Section 17.24.010, are hereby amended to read as follows:
17.24.010 Plans and permits required for public improvements
A. 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 Short Subdivision Committee, Hearing Examiner, or Planning
Commission; to obtain permits and complete installation for said improvements; and to
prepare a final plat, plans, surveys and other documentsfor recording.
B. Priorto installing improvements, the developer shall applyfor all required permits
for those improvements. The applications shall include development plans as specified
on the application form. [Note: See TMC Chapters 11.08 and 11.12 for additional
guidance on standards and permit requirements for improvements in the public right-of-
way.]
Section 10. Ordinance Nos. 2124 §3 (part) and 1833 §1 (part), as codified at TMC
Section 17.24.030, are hereby amended to read as follows:
17.24.030 Improvement agreements and financial guarantees
A. Required improvements. 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 the completion of the actual
construction of all required improvements (public and private)and prior to the approval of
a final plat, the Public Warks Director may accept a bond in an amount and with surety
and conditions satisfactory to the Director, or other secure method, providing for and
securing to the City the actual construction and installation of all required improvements.
This is in addition to the requirements of TMC Chapter 11.08 requiring a performance
bond for all work being done in the public right-of-way. If the Public Works Director
accepts a bond for the completion of the work, the subdividershall 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 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 comple-
tion of work. Extensions must be requested, approved by the Public Works Director, and
properly secured in advance of the required initial completion date.
2. Require notice by the subdividerto 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 pursuantto TMC
Section 17.24.030.C.
5. Provide that, if the subdividerfails to complete all required work within the
period specified, the City may take steps to demand performance of the developers
obligation within a reasonable time not to exceed 90 days from the date of demand.
6. Provide that, if the required improvements are not completed within thattime,
the City may take action to require the subdividerto 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
i n cu rred.
9. Provide that, should the proceeds of the financial security be insufficientfor
completion of the work and payment of the costs, the City shall be entitled to recover the
deficien cy from th e subdivider.
B. Maintenance agreement. Regardless of whetherall 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. [Note: See TMC Section 11.08.110 for details.] The agreement
shall:
1. Require the subdividerto post a bond or other financial securityto secure
successful operation of all required improvements andfull performanceof thedeveloper'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 com-
pletion or final plat approval, whichever is later. Such maintenance functions shall be
specified by the Public Warks Director, and shall be reasonably related to the burdens
that the subdivision will impose on drainage facilities during the time maintenance is
required. The City 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 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 mayoccurto the adjacent land as a result of construction,
drainage, and maintenance of the streets and other improvements.
C. Performance bond. 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 forthe purpose of developmentof the stated project.
3. An assignment of accountwith 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, 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 Warks Director.
E. Defective Work. The acceptance of improvements by the City shall not prevent
the City from making a claim against the subdivider for any defective work if such is
discovered within two years after the date of completion of the work.
Section 11. Ordinance Nos. 2627 §32, 2442 §6, 2368 §70, 2294 §1, 2251 §75, 2235
§19, 2135 §19 and 2119 §1, as codified atTMC Section 18.104.010, are hereby amended
to read as follows
18.104.010 Classification of Project Permit Applications
Project permit decisions are classified into five types, based on the degree of
discretion associated with each decision, as set forth in this section. Procedures for the
five differenttypes are distinguished according to who makes the decision, whetherpu blic
notice is required, whethera public meeting and/or a public hearing is required before a
decision is made, and whether administrative appeals are provided.
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1. TYPE 1 DECISIONS are made by City administrators who have technical
expertise, as designated by ordinance.Type 1 decisionsmay be appealed to the Hearing
Examiner who will hold a closed record appeal hearing based on the information
presented to the City administrator who made the decision. Public notice is not required
for Type 1 decisions orfor the appeals of those decisions.
TYPE I DECISIONS
TYPE OF PERMIT
DECISION MAKER
Administrative Variance for Noise — 30 days or less
Community Development Director
(TMC Section 8.22.120)
(open record
Any land use permit or approval issued by the City, unless specifically
As specified by ordinance
categorized as a Type 2, 3, 4, or 5 decision by this chapter
Administrative Design Review
Boundary Line Adjustment, including Lot Consolidation
Community Development Director
(TMC Chapter 17.08)
Development
Minor Modification of a Boundary Line Adjustment or
Community Development Director
Lot Consolidation Preliminary Approval
I Review
(TMC Section 17.08.030)
Short
Development Permit
Building Official
Minor modification to design review approval
Community Development Director
(TMC Section 18.60.030)
Minor Modification to PRD
Community Development Director
(TMC Section 18.46.130)
Hearing
Tree Permit
Community Development Director
(TMC Chapter 18.54)
(TMC Section 8.22.120)
Wireless Communication Facility, Minor
Community Development Director
(TMC Chapter 18.58)
Short
2. TYPE 2 DECISIONS are decisions that are initially made by the Director or,
in certain cases, other City administrators or committees, butwhich are subject to an open
record appeal to the Hearing Examiner, Board of Architectural Review, or, in the case of
shoreline permits, an appeal to the State Shorelines Hearings Board pursuantto RCW
90.58.
TYPE 2 DECISIONS
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INITIAL
APPEAL BODY
TYPE OF PERMIT
DECISION
(open record
MAKER
appeal)
Administrative Design Review
Community
Board of
(TMC Section 18.60.030)
Development
Architectura
Director
I Review
Administrative Planned Residential
Short
Hearing
Development
Plat Committee
Examiner
(TMC Section 18.46.110)
Administrative Variance for Noise —
Community
Hearing
31-60 days
Development
Examiner
(TMC Section 8.22.120)
Director
Binding Site Improvement Plan
Short
Hearing
(TMC Chapter 17.16)
Plat Committee
Examiner
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INITIAL
APPEAL BODY
TYPE OF PERMIT
DECISION
(open record
MAKER
appeal)
Cargo Container Placement
Community
Hearing
(TMC Section 18.50.060)
Development
Examiner
Director
Code Interpretation
Community
Hearing
(TMCSection 18.90.010)
Development
Examiner
Director
Exception from Single -Family Design
Community
Hearing
Standard
Development
Examiner
(TMC Section 18.50.050)
Director
Modification to Development Standards
Community
Hearing
(TMC Section 18.4 1, 100)
Development
Examiner
Director
Parking standard for use not specified
Community
Hearing
(TMC Section 18.56.100),
Development
Examiner
and modifications to certain parking
Director
standards
Critical Areas (except Reasonable Use
Community
Hearing
Exception)
Development
Examiner
(TMC Chapter 18.45)
Director
Shoreline Substantial Development Permit
Community
State
(TMC Chapter 18.44)
Development
Shorelines
Director
Hearings
Board
Shoreline Tree Permit
Community
Hearing
Development
Examiner
Director
Short Plat
Short Plat
Hearing
(TMC Chapter 17.12)
Committee
Examiner
Minor Modification of a Short Plat
Community
Hearing
Preliminary Approval
Development
Examiner
(TMC Section 17.12.020)
Director
Minor Modification of a Subdivision
Community
Hearing
Preliminary Plat
Development
Examiner
(TMC Section 17. 14.020)
Director
Subdivision — Final Plat
Community
Hearing
(TMC Section 17.14.030)
Development
Examiner
Director
Modification to TUC Corridor Standards
Community
Hearing
(TMCSection 18.28.110.C)
Development
Examiner
Director
Modification to TUC Open Space Standards
Community
Hearing
(TMCSection 18.2815O.D.4J)
Development
Examiner
Director
Transit Reduction to Parking Requirements
Community
Hearing
(TMCSection 18.28,260.B.5.b)
Development
Examiner
Director
Wireless Communication Facility, Minor
Community
Hearing
(TMC Chapter 18.58)
Development
Examiner
Director
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3. TYPE 3 DECISIONS are quasi-judicial decisions made by the Hearing
Examiner following an open record hearing. Type 3 decisions may be appealed only to
Superior Court, except for shoreline variances and shoreline conditional uses that may
be appealed to the State Shorelines Hearings Board pursuantto RCW 90.58.
TYPE 3 DECISIONS
TYPE OF PERMIT
INITIAL DECISION
APPEAL BODY
MAKER
(closed record appeal)
Resolve uncertain zone district boundary
Hearing Examiner
Superior Court
Variance (zoning, shoreline, sidewalk,
Hearing Examiner
Superior Court
land alteration, sign)
TSO Special Permission Use
Hearing Examiner
Superior Court
(TMC Section 18,41.060)
Conditional Use Permit
Hearing Examiner
Superior Court
Modifications to Certain Parking
Hearing Examiner
Superior Court
Standards
(TMC Chapter 18.56)
Reasonable Use Exceptions under
Hearing Examiner
Superior Court
Critical Areas Ordinance
(TMC Section 18.45.180)
Variance for Noise in excess of 60 days
Hearing Examiner
Superior Court
(TMC Section 8.22.120)
Variance from Parking Standards over
Hearing Examiner
Superior Court
10%
(TMC Section 18.56.140)
Subdivision — Preliminary Plat with no
Hearing Examiner
Superior Court
associated Design Review application
(TMC Section 17.14.020)
Subdivision Phasing Plan
Hearing Examiner
Superior Court
(TMC Section 17,14.040)
Wireless Communication Facility, Major
Hearing Examiner
Superior Court
or Waiver Request
(TMC Chapter 18.58)
Shoreline Conditional Use Permit
Hearing Examiner
State Shorelines Hearings Board
4. TYPE 4 DECISIONS are quasi-judicial decisions made by the Board of
Architectural Review or the Planning Commission, following an open record hearing.
Type 4 decisions may be appealed to the Hearing Examiner based on the record
established by the Board of Architectural Review or Planning Commission, except
Shoreline Conditional Use Permits, that are appealable to the State Shorelines Hearings
Board pursuantto RCW90.58.
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I VU 4 E, 111 *s] M161 L, M
5. TYPE 5 DECISIONS are quasi-judicial decisions made by the Hearing
Examiner or City Council following an open record hearing. Type 5 decisions may be
appealed only to Superior Cou rt.
TYPE 5 DECISIONS
INITIAL
APPEAL BODY
TYPE OF PERMIT
DECISION
(closed record
MAKER
appeal)
Public Hearing Design
Board of
Hearing
Review
Architectural
Examiner
(TMC Chapter 18.60)
Review
Subdivision — Preliminary
Planning
Hearing
Plat with an associated
Commission
Examiner
Design Review application
City Council
Superior Court
TMC Section 17.14.020)
Subdivision Phasing Plan
Planning
Hearing
(for a subdivision with an
Commission
Examiner
associated Design
Review)
City Council
Superior Court
TMC Section 17.14.040)
Shoreline Conditional Use
Planning
State
Permit
Commission
Shorelines
(TMC Section 18.44.050)
Hearings
Master Program)
Board
5. TYPE 5 DECISIONS are quasi-judicial decisions made by the Hearing
Examiner or City Council following an open record hearing. Type 5 decisions may be
appealed only to Superior Cou rt.
TYPE 5 DECISIONS
Section 12. Repealer. Ordinance Nos. 2499 and 2294 are hereby repealed.
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INITIAL
APPEAL BODY
TYPE OF PERMIT
DECISION
(closed record
MAKER
appeal)
Planned Residential
City Council
Superior Court
Development (PRD),
including Major
Modifications
(TMC Chapter 18.46)
Site specific rezone along
City Council
Superior Court
with an accompanying
Comprehensive Plan map
change
(TMC Chapter 18.84)
Critical Area Master Plan
City Council
Superior Court
Overlay
(TMC Section 18.45.160)
Shoreline Environment
City Council
Superior Court
Re -designation (Shoreline
Master Program)
Unclassified Use
City Council
Superior Court
1
(TMC Chapter 18.66)
Section 12. Repealer. Ordinance Nos. 2499 and 2294 are hereby repealed.
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Section 13. Corrections by City Clerk or Code Reviser Authorized. Upon
approval of the City Attorney, the City Clerk and the code reviser are authorized to make
necessary corrections to this ordinance, including the correction of clerical errors;
references to other local, state or federal laws, codes, rules, or regulations; or ordinance
numbering and section/subsection numbering.
Section 14. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 15. Effective Date. This ordinance ora summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Special Meeting thereof this ZIS'r'"day of
ATTEST/AUTHENTICATED:
al,igned via SoamlessDoasxom
Cohudoj 0611ahelwj
Key2 bd7bedc4d4bac4b7%a92d5e I be23W"
Christy O'Flaherty, MMC, City Clerk
�11,1110141 S4n111S1D0m1*M
Kau 6aw(
Key
Office of the City Attorney
Filed with the City Clerk: I-ZW-Zk
Passed by the City Council: 1-25-2-1
Published: I-zt?>-?-%
Effective Date: z - Z - 2-1
Ordinance Number: 76'Aq
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City of Tukwila Public Notice of Ordinance Adoption for Ord in an ces2648-2650.
On January25, 2021 the City Council of the City of Tukwila, Washington, adopted the
following ordinances, the main points of which are summarized by title as follows:
Ordinance 2648: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2171 §1 (PART), AS
CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) SECTIONS 16.04.010, 16.04.020,
16.04.030 AND 16.04.250, TO ADOPT UPDATED STATE BUILDING CODES;
REPEALING ORDINANCE NOS. 25397 25037 24027 AND 2121; REPEALING
ORDINANCE NO. 2171 §1 (PART), AS CODIFIED AT TMC SECTION 16.04.200;
REPEALING ORDINANCE NO. 2549 §177 AS CODIFIED AT TMC SECTION 16.04.250;
REPEALING ORDINANCE NO. 2326 TO ELIMINATE TMC CHAPTER 16.05 IN ITS
ENTIRETY; PROVIDING FOR SEVERABILITY;AND ESTABLISHING AN EFFECTIVE
DATE.
Ordinance 2649: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN
TUKWILA MUNICIPAL CODE TITLE 17, "SUBDIVISIONS AND PLATS," AND TITLE 18,
"ZONING," AT THE SECTIONS AS STATED HEREIN, TO INCORPORATE CODE
AMENDMENTS PROVIDING A PROCESS TO MODIFY A SUBDIVISION PROJECT
AFTER IT HAS RECEIVED PRELIMINARY APPROVAL, TO DELEGATE FINAL PLAT
APPROVAL TO THE DIRECTOR OF COMMUNITY DEVELOPMENT, TO CHANGE THE
PROCEDURES FOR PHASING OF A SUBDIVISION, AND TO PROVIDE FOR
ADDITIONAL EXTENSIONS TO THE PRELIMINARY APPROVAL EXPIRATION OF
PHASED SUBDIVISIONS; REPEALING ORDINANCE NOS. 2499 AND 2294;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2650: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS. 2435 AND 2504, AS
CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) CHAPTER 16.16, "INTERNATIONAL
FIRE CODE;" REENACTING TMC CHAPTER 16.16, "INTERNATIONAL FIRE CODE,"
TO ADOPT THE 2018 EDITION OF THE INTERNATIONAL FIRE CODE AND
APPENDICES WITH CERTAIN EXCEPTIONS AND AMENDMENTS TO APPLY WITHIN
THE CITY OF TUKWILA, TO UPDATE TUKWILA FIRE CODE REGULATIONS TO
BETTER ALIGN WITH OUR REGIONAL FIRE PREVENTION PARTNERS IN KING
COUNTY, TO ADD CODE LANGUAGE FOR EMERGENCY RESPONDER RADIO
SYSTEMS THAT SUPPORT THE PUGET SOUND EMERGENCY RADIO NETWORK
UPGRADE,AND TO IMPROVE CODE LANGUAGE TO ASSIST IN THE
ENFORCEMENT, IMPLEMENTATION AND UNDERSTANDING OF TUKWILA FIRE
CODE REQUIREMENTS; REPEALING ORDINANCE NOS. 1786 AND 1787 AND
UPDATING REGULATIONS REGARDING FIREWORKSAND PYROTECHNICSAND
RELOCATING THOSE REGULATIONS TO TMC CHAPTER 16.16; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
The full text of this ordinancewill be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: January28, 2021