HomeMy WebLinkAboutCOW 2006-05-22 Item 4G - Ordinance - Subdivision Code Changes COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS NUMBER 06-039 (ORIGINAL AGENDA DATE. APRIL 10. 2006
AGENDA ITEM TITLE Subdivision Code Changes
CATEGORY Disnrsion Motion Resolution Ordinance Bid Award Public Hearing Other
Alt Date 5/22/06 3Itg Date k Date Mfg Date Mt2 Da Mfg Date 6/5/06 11g Date
SPONSOR Council •IIg Adm Slit DCD Finance Fire Legal P&R Police PIP'
SPONSOR'S Two sets of changes to the Subdivision Code have been included in the draft ordinance.
SUM?.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 COW Mtg. CA &P Cmte F&S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Pig nfling Comm.
DATE: 3/28/06 CA&P, 4/27/06 PC
RECOMMENDATIONS:
SPONSOR/AMEN. Authorize Changes; Refer to public hearing 6/5/06
GIBBER Forward to COW for discussion and endorsement
COST IMPACT FUND SOURCE
FCPENDTTURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source:
Comments:
MTG. DATE I RECORD OF COUNCIL ACTION
4/10/06 1 Forward item to the next regular meeting (however PC recommendation also needed) I
5/22/06 1
MTG. DATE ATTACHMENTS
5/22/06 Staff Memo dated May 16, 2006
PC Staff Report dated 4/12/06 with attached Draft Ordinance
1 Strikeout /Underline version of Subdivision Code Changes
Draft 4/27/06 PC Minutes
4/10/06 Information Memo dated March 22, 2006
1 TMC 17.24 with updates
1 CA&P Committee Meeting Minutes from March 28, 2006
Th'"FORMATION MEMO
From:
Date:
Subject:
Mayor Mullet
City Council Y. ,~
Steve Lancaster, DCD Director~
May l6, 2006
Subdivision Code Changes
To:
ISSUE
Clarification ofTMC 17.24 to more clearly defme City policy regarding installation of
infiastructure improvements.
Implementation of Planning Commission review of subdivision preliminary plats.
BACKGROUl\'D
An ordinance amending the Subdivision Code, TMC Chapter l7, to address both of the above
issues was reviewed by the Planning Commission at a public hearing on April 27, 2006. The PC
endorsed the changes and recommended that the City Council approve the changes.
DISCUSSION
See the staff report to the Planning Commission for a discussion of the changes.
RECOJHMENDATION
Hold a public hearing on the ordinance June 5th and adopt as proposed or amended.
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\{ay 15,2006
City of TukWila
Steven kf. klullet, Mayor
Depa.rtment of Community Development
Steve Lancaster, Director
STAFF REPORT
TO THE PLAl'\'l\'ING COMMISSION
Prepared April 12, 2006
HEARING DATE.
April 27, 1006
NOTIFICATION:
Notice of Public Hearing published April 14, 2006.
FILE NUMBERS.
L05-06l Code Amendments
E06-002 SEP A Checklist
REQUEST
Hold a public hearing and make a recommendation to the City Council
about the proposed amendments to the Subdivision Code.
LOCATION.
City wide
SEPA
DETERMINATION:
DNS
STAFF
Nora Gierloff, Planning Supervisor
Jim Morrow, PW Director
ATTACHMENT
A. Draft Ordinance Amending the Subdivision Code
6300 Southcenter Boulevard, Suite #100 . Tukwila, Washington 98188 . Phone: 206-431-3670 . Fax: 206-431.3665
BACKGROUND
Two issues are being addressed in this set of amendments to the Subdivision Code, TMC
Chapter 17 The first is that as part of their review of decision making bodies for quasi-judicial
matters the City Council chose to make subdivision preliminary plats a Type 4 decision made by
the Planning Commission rather than a Type 5 decision made by the City Council. The second
issue is a clarification of what inftastructure improvements may be bonded for completion after
fmal approval of a short plat, subdivision or binding site improvement plan.
Staff presented these issues to the Cpmmunity Affairs and Parks (CAP) Committee on March 28,
2006. The Committee discussed the' changes and chose to forward them to the City Council.
The COW discussed the changes and sent them to the PC for a recommendation.
Each proposed change is discussed below and the actual changes to the code language are shown
in draft ordinance form at Attachment A.
DISCUSSION OF PROPOSED CHANGES
Planning Commission Review of Preliminary Plats
During their review of the quasi-judicial decision making bodies the COW recommended that
subdivision preliminary plat approvals be decided by the Planning Commission as a Type 4
decision rather than by the Council as a Type 5 decision. The Planning Commission did not
consider the issue of delegating preliminary plat approvals to the Planning Commission, due to a
staff misunderstanding concerning statutory requirements for such decisions. Before passing the
ordinance making this change in the Zoning Code the COW asked staff to informally poll
Planning Commission members on this matter All members contacted supported delegation of
preliminary plat decisions to the Planning Commission.
The proposed changes to the Subdivision Code are housekeeping needed to implement the
Council's earlier decision.
Infrastructure Bonding Policy
City policy has been to require an applicant to construct any required inftastructure
improvements (roads, sewer, water, surface water drainage, street lights, sidewalks, etc.)
associated with a proposed short plat or subdivision before the approval for the final plat is
granted. The City has allowed the applicant to submit a bond for the completion of certain
improvements (final lift for the roadway, sidewalks, punch list items, etc.) and if the bond is
satisfactory, final plat approval has been granted.
At the March 7111 meeting of the Community Affairs and Parks Committee, Jvlr David Tully of
Tully Homes raised an issue of possible conflict between the City's code, specifically TMC
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April 12, lQC6
17.24 030, and the aforementioned policy for bonding of subdivision plat improvements. Mr
Tully felt that the TMC l7.24.030 would allow him to bond for all of the actual construction
work in lieu of actually perfonnmg the work. When apprised of City policy, Mr Tully requested
a review of the code and the policy to ensure that both are in alignment.
The proposed changes to the existing language are shO\Vll at Attachment A. This clarifYing
language comes from RCW 58.l7 130 and has been endorsed by the City Attorney The City's
existing policy follows the options provided by the RCW and the proposed clarifying language
should clear up any ambiguity
REOUESTED ACTION
Hold a public hearing on these proposed changes and make a recommendation to the City
Council.
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April 12, 2006
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At"! ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING VARIOUS SECTIONS OF TMC TITLE 17,
'SUBDIVISIONS AND PLATS: TO CLARIFY ACCEPTANCE OF
INFRASTRUCTURE BONDS, AND CHANGE PRELIMINARY PLATS FROM
A TYPE 5 TO A TYPE '4 LAND USE DECISION; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, it is City policy to have all infrastructure improvements required by a
subdivision, short plat, or binding site improvement plan completed prior to finaI
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, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. TMC 17.14.020, Amended. TukwiIa Municipal Code Section 17.14.020,
Pre1iminary 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 ThIC 18.108,050.
B. 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
proposaI:
1. Completed Pre1irninary Plat Application Form and fee, as identified in
TMC Chapter 18.88.
2. Completed Application Checklist.
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 follo\\wg 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, widths and dimensions of existing and
proposed public street rights-of-way and easements and private access easements~
parks and other open spacesl reservationsJ 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 that identify the nature and extent of existing easements,
h. Location of an..) proposed dedications.
i. Existing and proposed topography at two-foot contour intervais
extending to five feet beyond project boundaries.
j. Location of any sensitive areas and sensitive area buffers (slopes 15%
or greater, wetlands or watercourses) on the site.
1<. 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 Th!C
Chapter 18.54, 'Tree Regulations."
1. 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
pian 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 TukwiIa.
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 18.104.060 not already listed above.
C. REVIEW PROCEDURES:
1. ReIerraI to Other Offices: Upon receipt of a complete preliminary plat
application, the Department of Community Development sha1I 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 decisions as identified in TMC
Title 18, Zoning Code,
D. CRITERIA FOR PREUMINARY PLAT APPROVAL The Planning Commission
shall base its decision on an application for preIirninary plat approval on the foliowing
criteria:
1. The proposed subdivision is in conformance ,,~th the TukwiIa
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 that are consistent with current
standards and plans.
3. Appropriate provisions 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 TukwiIa
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 RON 58.17.110.
Section 2. TMC 17.14.050, Amended. TukwiIa Municipal Code Section 17.14.050,
'Expiration: is hereby amended to read as follows:
17.14.050 Expiration
The subdivision shall expire unless a complete application for IinaI plat approval is
submitted within five years from the date of pre1irninary plat approval. The Planning
Commission may approve one extension not to exceed one year.
Section 3. Regulations Adopted. TukwiIa Municipal Code Section 17.22, 'Purpose,"
is hereby adopted to read as follows:
17.22.010 Purpose
It is the intent to have all infrastructure improvements required by a subdivision,
short plat, binding site improvement pian, or boundary line adjustment completed
prior to IinaI 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 limited to: IinaI lift for the roadway, completing sidewalks
while development construction is ongoing, minor punch list items, etc. In those
instances, the Director of Public Works may accept a bond or other financial security in
lieu of the completion of the infrastructure improvements.
Section 4. TMC 17.24, Amended. TukwiIa Municipal Code Section 17.24,
"Procedures for Public Improvements: is hereby amended to read as follows:
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17.24.010 Plans and permits required for public improvements
A. Approval of a preliminary plat, short plat, binding site improvement plan or
bound"'}' 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 finaI
plat, plans, surveys and other documents for recording,
B. 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 fOl1IL See TMC 11.08 and 11.12 for additional guidance on
standards and permit requirements for improvements 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, 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 ,,~th the
following procedures:
1. 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. Plans shall be prepared in accordance with the requirements of
the City
2. 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.
3. 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.
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 shall be placed to a length obviating the necessity for disturbing the
street improvements when surface connections are made.
5. 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. REQWRED IMPROVEMENTS: Before any finaI subdivision, short plat,
binding site improvement plan or boundary line adjustment is Iinally 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 finaI plat, the Public Works 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 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 ,,~th the City an agreement guaranteeing completion of such
improvements together "lith any needed replacement or repair. The agreement shall:
1. Specify the period of time ,,~thin 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
TMC 17.24.030C.
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 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 finaI 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. 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 fu1I performance of the
developer's maintenance obligation. Such financial security shall be effective for a two-
year period following approval of instaIIation 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 finaI 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 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.
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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.
C. PERFORMANCE B01VD' To assure full performance of the agreements
required herein, the subdivider shall provide one or more of the follovling 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'tirne the City signs a written release. The assignment of
account will allow the City to ,,~thdraw the funds in the event the pro\~ions 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, fina1 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. DeIective Work: The acceptance of improvements by the City shall not prevent
the City from making a claim against the developer for any deIective work if such is
discovered within two years after the date of completion of the work.
Section 5. TMC 17.28.010, Amended. TukwiIa Municipal Code Section 17.28.010,
Exceptions, 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 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 preIiminary plat. Such application shall fully state all
substantiating facts and evidence pertinent to the request.
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1. Slwrt subdivision: A short subdivision or binding site improvement plan
exception shall be reviewed by the Short Subdi\~ion Committee in conjunction ,,~th
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 pre1irninary plat exception shall be considered by the
Planning Commission at the same time the public hearing is conducted for the
pre1iminary plat.
Section 6. 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 7 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 THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a ReguIar Meeting thereof this day of .2006.
ATIESTj AUTHENTICATED:
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, Oty Oerk
APPROVED AS TO FORM BY:
Filed with the City OerIe:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Office of the City Attorney
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Subdivision Ordinance StrikeoutfUnderline Version
Section 1. TWIC 17.14.020, Amended. TuJnviJa Municipal Code Section J 7 14 020,
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 Type ~ decision subject to the provisions of
TMC l8.108.0~.
B. APPLICATION- The following items are required, in quantities specified by DCD, for a
complete applieation for preliminary sheff-plat approval. Items may be waived if in the judgment
ofthe DCD Director the items are not applicable to the particular proposal:
I Completed Preliminary Plat Application Fonn and fee as identified in TWIC Chapter 18.88.
2. Completed Applieation Checklist.
3. A complete SEP A Checklist application if project is not exempt tram SEP A.
4 Complete applieations 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
following infonnation:
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 dedieations.
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 ~15% or greater,
wetlands or watercourses) on the site.
k. Location, size and species of any trees loeated 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 TWIC Chapter 18.54, Tree
Regulations.
\. 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
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C:'DOCU~ffi-l \.kel1r-n\LOCAl.S-l\Temp\Sl.i13DIV-I.DOC
May 18,2006
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 ifthe provider is other than the City ofTukwila.
9 Kin; Cennty ;\S3cssor's n1ap' which show the locat;en sf each property v..;th;n SOO feet sf
tfle subdiyisien; threeTwo sets of mailing labels for all property owners and tenants (residents
or businesses) within 500 feet of the subdivision.
10. Items required by TMC 18.104.060 not already listed above.
C. REVIEW PROCEDURES.
I 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 I'fthe following offices, where appropriate: Public Works,
Building Division, Fire Depanment, 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 1!> decisions as identified in TMC Title 18, Zoning
Code.
D CRITERIA FOR PRELIMINARY PLAT
APPROVAL. The Planning Commission Cit:,. Calmc;1 shall base its decision on an application for
preliminary plat approval on the following criteria:
1. The proposed subdivision is in confonnance with the Tubvila Comprehensive Plan
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 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 ofthe proposed lots are appropriate to the proposed use
for which the lots are intended and are compatible with the are-a in which they are located.
6. The subdivision complies with the relevant requirements of the Tubvila 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. TMC 17.14.050, Amended. Tukwila Municipal Code Section 17 14050,
Expiration, is hereby amended to read as follows:
17.14.050 Expiration
The subdivision shall expire unless a complete application for final plat approval is submitted
within five ye-ars from the date of preliminary plat approval. The Planning Commission Gity
Council may approve one extension not to exceed one year
Section 3. A new section, Th1C 17.24.010 is created to read as follows:
17.24.010 Purpose
It is the intent to have all infiastmcture improvements required bv a subdivision. short
plat. binding site improvement plan. or boundarv line adiustment completed Prior to final
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approval of the pl'Oposed land action. The City realizes thar there mav be instances where
the completion of the improvement may not be the best course of action. includim!, but
not limited to. final lift for the roadway, completing sidewalks while development
construction IS ongoing, minor punch list items. etc. In those instances. the Director of
Public \VorJes may accept a bond or other financial secuntv in lieu of the completion of
the infrastructure improvements.
Section 4. TMC 17.24.010, Amended. Tuh.'wila Ivlunicipal Code Section l7.24 020,
Plans and permits required for public improvements, is hereby amended to read as follows:
17.24.0~l-O 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. 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 required permits for those
improvements. The applications shall include development plans as specified on the application
form. See TMC I 1.08 and II. I 2 for additional guidance on standards and permit
requirements for improvements In lhe public right-or.wav.
Section 5. TMC 17.24.020, Amended. Tuh.".vila i\-funicipal Code Section l7.24.030,
Process for installing public improvements, is hereby amended to read as follows:
17.24.030 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 confonn to the requirements of this title
and improvement standards, specifications, inspections and procedures as set forth by the
Department of Public \Vorks, and shall be installed in accordance with the following
procedures:
I 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 pla"s may se require" sefore appreyal of the fiual plat, if improyemeRt3 are te
be defcrrer!. Plans shall be prepared in accordance with the requirements ofthe City
2. Work shall not commence until PubJic 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.
3 Public improvements shall be constructed under the inspection and to the satisfaction
ofthe 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 shall be placed to a
length obviating the necessity for disturbing the street improvements when surface connections
are made.
5 Plans showing all improvements as built shall be filed with the City upon completion
of the improvements.
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Section 6. TMC 17.24.030, Amended. Tub\ila Ivlunicipal Code Section 17.24.040,
Improvement agreements and financial guarantees, is hereby amended to read as follows:
17.24 040 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 shaH
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 installationof al1 required improvements (public and private) and prior to the
approval of a final plat. the Public Works Director mav accept a bond In an amount and with
surety and conditions satisfactory to the Director. or other secure method. providinQ for and
securing to the City the actual construction and Instal1ation of al1 required Improvements.
This Is In addition to the requirements ofT"'IC 11.08 reQuirinQ: a perfonnance bond for all
work being done In the pubJic right-of-w'av. If the Public Works Director accepts a bond for
the completion of the work, the subdivider shall Fffi!J' execute and file with the City an
agreement guaranteeing completion of such improvements together with any needed
replacement or repair. The agreement shal1:
1 Specify the period of time within which all work required shal1 be completed, The
time for completion shall not exceed one year from the date of final approval ofthe subdivision.
The agreement may provide for reasonable extensions of time for completion of work.
Extensions must be requested, approved by the Public Works Director City COllncil, 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 CQmpJetion,
4. Require financial security to be provided by the subdivider pursuant to TMC
l7.24.030C.
5 Provide that if the subdivider fails to complete all required work within the period
specified, the City may take steps to demand perfonnance of the developer s obligation within a
reasonable time not to exceed 90 days trom 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 f'mancial security
7 Provide that the City shaH 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 trom the subdivider.
B. ,1"fAINTENANCEAGREE}JENT - 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. See TMC 11.08.] 10 for details. The agreement shall:
I 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 fmancial 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
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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
perfoon maintenance functions shall teoninate.
3 Not relieve the subdivider of liability for the defective condition of any required
improvements discovered following the effective teon 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. draina!!e
and maintenance of the streets and other improvements. . -
C. PERFOR,1,-fANCE BOND - To assure full perfonnance of the agreements required herein,
the subdivider shall provide one or more ofthe following in a fonn approved by the City
Attorney'
I A surety bond executed by a surety company authorized to transact business in the
State of \V ashington,
2. An irrevocable letter of credir from a fmancial institution stating that lhe 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 Tub vila.
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 fonnat approved by Public Works and meeting current Public Works
drawing standards of the "as-built" impro\'ements. 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 developer for any defective work if such is discovered
within two years after the date of completion ofthe work.
Section 7. TMC 17.28.010, Amended. Tu1.'wiIa Municipal Code Section 17.28.010,
Exceptions, is hereby amended to read as follows:
17.28.010 Exceptions
A. EXCEPTION CRITERIA. Exceptions from the requirements ofthis 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:
I 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
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May 18. 2C06
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.
I Short subdivision. A short subdivision or binding site improvement plan exception shall be
reviewed by the Short Subdivision Committee in conjunction with review ofthe 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 Tj'vlC 18.108.020.
2. Preliminary plat: A preliminary plat exception shall be considered by the Planning
Commission City CSBneil at the same time the public hearing is conducted for the
preliminary plat. The decisioR ofthe Cit'o' CouRcil shall b~ (.nal and conclusi';e.
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DRAFT
PLAJ.'\'NIl~G COlVIMISSION
PUBLIC HEARING MI]\T{JTES
APRIL 27, 2006
The Public Hearing was called to order by Chair Ekberg at 7:00 PM
Present:
Chair, Allan Ekberg, Commissioners, Bill Arthur, Hemy Marvin, Lynn
Peterson, and Chuck Parrish.
Absent:
Vice Chair, George Malina and Commissioner Margaret Bratcher
Representing
City Staff:
Steve Lancaster, Nora Gierloff, and Wynetta Bivens
CO;\Il\USSIOl'o'ER PARRISH MADE A MOTION TO ADOPT THE PUBLIC HEARING
.MTh'UTES FROM ;\IARCH 23, 2006. CO;\Il\IISSIOl'o'ER ~IARVIN SECONDED THE
MOTION; THE MOTION WAS UNAi,\'IMOUSLY APPROVED.
Chair Ekberg swore in those wishing to give public testimony
LOCATION:
L05-061
City ofTukwila
Subdivision Code changes clarifying inITastructure bonding policy
and making the Planning Commission the decision making body for
preliminary plats.
City "ide
CASE NillvIBER.
APPUCAl'IT
REQUEST
Nora Gierloff, Planning Manager, Department of Community Development, gave the
presentation for staff. Ms. Giedoff provided some background on proceedings from 2005
regarding re-examining the decision making bodies for quasi judicial appeals. There was a
misunderstanding whether the City Council was allowed by State law to delegate Preliminary
Plats or Sub-divisions to be heard by the Planning Commission instead of the City Council. After
further research is was determined the delegation could be allowed. Staff is returning to the
Planning Commission to request implementation of the proposed delegation. The implementation
of this change would allow administrative appeals to be heard by the City Council.
Ms. Gierloff also provided information on the City policy for infrastructure construction during
the sub-dhision process. The issue is what percentage of infrastructure can be bonded versus
constructed. The proposed change would clarify the City's position that only minor items may be
bonded for completion after final plat approval.
Staff is requesting that a public hearing be held on the proposed changes and that the Planning
Commission forward a recommendation to the City Council.
Planning Commis.:.ion
April 27. 2006
Page 2 of2
There were no public comments
REBUTIAL: None.
There were no further comments.
The Public Hearing was closed.
The Planning Commission Deliberated.
COM;VIISSIOl\'ER PARRISH MADE A MOTION TO APPROVE STAFF'S
RECOMMENDATIONS FOR 'THE PROPOSED A,\IEi'o'D;VIEi'o'TS ON THE SUB-
DIVISION CODE A,'lD TO FORWARD THEM TO THE CITY COUNCIL.
COM;VIISSIONER EKBERG SECOi'o'DED THE MOTION. ALL VOTED IN FAVOR.
Snbmitted By:
\Vynetta Bivens
Secretary