HomeMy WebLinkAboutReg 2006-06-05 Item 5 - Public Hearing - Ordinance Amending TMC Title 17 Subdivisions and Plats COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
I CAS NUMBER: 06-039 I ORIGL\AL AGENDA DATE. APRIL 10. 2006
AGENDA ITEM TrrLE Subdivision Code Changes
CATEGORY Disne__ian motion Resolutitm Ordinance BidAnard Public Hearing Other
AMA Date 5/22/06 lftgDate 356 Date Mfg Die 6 /5/06 J1t6Da:e 3f6Dale 6 /5/06 3Lg Date
I SPONSOR Cvund/ tlfcgar Adm Secs DCD Finance Fire Legal Poll Police PTV
SPONSOR'S Two sets of changes to the Subdivision Code have been included in the draft ordinance.
SLOL.LARY The first is a clarification of City policy regarding completion of infrastructure
improvements prior to final short plat or subdivision approval. The second implements the
Council's decision to have the Planning Commission take over as the hearing body for
subdivision preliminary plats.
REVIEWED BY Z COW Mtg. CA &P Cmte F&S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 3/28/06 CA&P, 4/27/06 PC, 5/22/06 COW
RECOMMENDATIONS:
SPONSOR /ADMIN. Authorize Changes; Refer to public hearing 6/5/06
CONDIrrrEE Forward to COW for discussion and endorsement
COST IMPACT FUND SOURCE 1
ExPE\ DTr[3RE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
o so $o
Fund Source:
Comments:
MTG. DATE 1 RECORD OF COUNCIL ACTION
4/10/06 1 Forward item to the next regular meeting (however PC recommendation also needed)
5/22/06 Hold a public hearing on June 5, 2006 and review the final ordinance
6/5/06
1
MTG.DATEI ATTACHMENTS
6/5/06 Final Ordinance
5/22/06 Staff Memo dated May 16, 2006
PC Staff Report dated 4/12/06 with attached Draft Ordinance
Strikeout /Underline version of Subdivision Code Changes
1 Draft 4/27/06 PC Minutes
4/10/06 1 Information Memo dated March 22, 2006
1 TMC 17.24 with updates
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City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKIVILA,
WASHINGTON, AMENDING VARIOUS SECTIONS OF TMC TITLE 17,
'SUBDIVISIONS AND PLATS: TO CLARIFY ACCEPTANCE OF
INFRASTRUcruRE BONDS, Ai'\'D CHAt'lGE PRELIMINARY PLATS FROM
A TYPE 5 TO A TYPE 4 LAND USE DECISION; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
V>'HEREAS, it is City policy to have all infrastructure improvements required by a
subdivision. short plat, or binding site improvement plan completed prior to final
approval; and
WHEREAS, the City Council desires to have the Planning Commission serve as the
hearing body for preliminary plats; and
WHEREAS, the City Council desires to be the appeal body for preliminary plats;
NOW, TIIEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Ordinance #1833, as codilied at Tukwila Municipal Code 17,14,020,
"Detailed Procedures for Subdivisions, Preliminary Plat," is hereby amended to read as
follows:
17.14.020 Preliminary plat
A, DECISION PROCESS: Applications for preliminary plat approval'shall be
processed as a Type 4 decision subject to the provisions of TMC 18.108.050,
R APPUCATION: The following items are required, in quantities specified by
DCD, for a complete application for preliminary 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
TMC Chapter 18.88.
2. Completed Application CheckJist.
3, A complete SEP A Checklist application if project is not exempt from SEP A
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 17,04,060,
7 All existing conditions shall be delineated, Site and development plans
shall provide the foJIowing information:
a. Owners of adjacent land and the names of any adjacent subdivisions.
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b. Unes 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, ,,~dths 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 ",..idths 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.
Pro\~de 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 inten.aJs
extending to five feet beyond project boundaries.
j. Location of any sensitive areas and sensitive area buffers (slopes 15%
or greaterJ' 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 wne 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, "Tree Regulations.'
I. 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.
o. A survey of existing trees and vegetation with a retention/removal
plan for the preservation of significant trees ~d 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) ,,~thin 500 feet of the subdivision.
10. Items required by TMC 18.104.060 not already listed above.
C. 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.
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2 Public Notice and Public Hearing: The process for public notice, hearings,
decisions and appeals shall be as provided for Type 4 d.,.-.isions as identified in TMC
Title 18, Zoning Code.
D. CRITERIA FOR PREUMINARY PIAT APPROVAL. The Planning Commission
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 Pian and any other City adopted plans.
2 Appropriate provisions have been made for water, stonn drainage, erosion
control and sanitary sewage disposal for the subdivision that are consistent with current
standards and plans.
3. Appropriate proV1slOns have been made for road, utilities and other
improvements that 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 RCW 58.17.110.
Section 2 Ordinance #1833 ~1 (part) as codified at Tukwila Municipal Code
17.14.050, "Detailed Procedures for Subdivisions, Expiration," is hereby amended to read
as follows:
17.14.050 Expiration
The preliminary plat approval for subdivision shall expire unless a complete
application for final plat approval is submitted within-five years from the date of
preliminary plat approval. The Planning Commission may approve one extension not
to exceed one year.
Section 3. Tukwila Municipal Code Chapter 1724, "Procedures for Public
Improvements," is hereby amended to read as follows:
17.24.005 Purpose
It is the intent to have all infrastructure improvements required by a subdivision,
short plat, binding site improvement plan, or boundary line adjustment completed
prior to final approval of the proposed land action. The City realizes that there may be
instances where the completion of the improvement may not be the best course of
action, including; but not l:im:ited to: final lift for the roadway, completing sidewalks
while development construction is ongoing; minor punch list items, ele. In those
instances, the Director of Public 'Vorles may accept a bond or other financial security in
lieu of the completion of the infrastructure improvements.
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17.24.010 Plans and permits requiIed 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, Planning Commission or City Council; to
obtain permits and complete installation for said improvements; and to prepare a final
plat, plans, surveys and other documents for recording.
B. Prior to installing improvements, the developer shall apply for all requiIed
permits for those improvements. The applications shaJJ include development plans as
specified on the application form. [Note: See TMC 11.08 and 11.12 for additionnl guidanCE
on sttmdards tmd permit requirements for impravements in the public right-of-way.)
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, shaJJ conform to the requiIements 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:
1. Work shaJJ 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. Plans shall be prepared in accordance with the requirements of
the City
2 Work shaJJ not commence until Public Works has been notified in advance and,
if work has been discontinued for any reason, it shaJJ not be resumed until Public
Works has been notified.
3. Public improvements shaJJ 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.
4. 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 shaJJ be placed to a length obviating the necessity for disturbing the
street improvements '\vhen surface connections are made.
5. Plans showing all improvements as built shaJJ be med \\1th the City upon
completion of the improvements.
17.24.030 Improvement agreements and financial guarantees
A. REQUIRED IMPROVEMn.rTS. Before any final subdivision. short plat,
binding site improvement plan or boundary line adjustment is Hnally approved, the
subdivider shaJJ 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 Works Director may accept a bond in
an amount and ,vith suret}' and conditions satisfactory to the Directorl or other secure
method, providing for and securing to the City the actual construction and installation
of all required imprO\'ements. This is in addition to the requirements of TMC 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 subdivider
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shall execute and file with the City an agreement guaranteeing completion of such
improvements together with any needed replacement or repab". 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 Public
Works Director, 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
mc 1724.03OC.
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 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 to 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. MAINTENANCE AGREEMENT Regardless of whether all required improve-
ments are completed prior to final approval orany subdivision of land, as a condition of
such approval the subdivider shall execute an agreement 10 assure successful operation
of said improvements. [Note: SeE TMC 11.08.110 for dEtails.) 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 that the subdivision will impose on drainage facilities during the time mainten-
ance is required. The City Council may agree to accept and perform maintenance of the
improvements, in ",,'hich case the subdividers 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.
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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 resuIt of
construction, drainage, and maintenance of the streets and other improvements.
C. PERFORMANCE BOND: To assUIe 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 assigrunent of account ,,~th a financial institution which holds the
money in an account until such time the City signs a written release. The assigrunent 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 monurnentation 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 ,,~thin two years after the date of completion of the work.
Section 4. TMC 17.28.010, Amended. Tukwila Municipal Code Section 17.28.010,
tlExcepnons," is hereby amended to read as follows:
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 exceptign may prescribe conditions
deemed necessary or desirable for the public interest.
An exception shall not be granted unless:
1. There are special physical ciraunstances 01; conditions affecting said
property, such that the strict application of the provisions of this code wouId deprive
the applicant of the reasonable use or development of his land; and
2. The exception is necessary to insUIe 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 {acts and evidence pertinent to the request.
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1. SJwrt subdirrisimz: A short subdivision or binding site improvement plan
exception shall be reviewed by the Short Subdivision Committee in conjunction with
revie'w 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. Preliminnry pint: A preliminary plat exception shall be considered by the
Planning Commission at the same time the public hearing is conducted for the
preliminary plat.
Section 5. 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 6. 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 days
after passage and publication as provided by law
PASSED BY TIlE CITY COUNCIL OF TIlE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of . 2006.
ATIESTj AUTHENTICATED:
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Oerk
Office of the City Attorney
Filed with the City Oerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
APPROVED AS TO FORM BY:
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