HomeMy WebLinkAboutTrans 2015-02-17 Item 2D - Ordinance - TMC Section 11.12.030 Street Frontage ImprovementsCity of Tukwila
Jim Haggerton, Mayor
TO: 80ay#rHaggertom
Transportation Committee
FROM: Derek Speck, Economic Development C-S
OATE: February 13, 2015
SUBJECT: TMC 11.12.030 Street Frontage Improvements
Ordinance Amendment
ISSUE
The Council iS being asked 03 provide flexibility in the timing Of developer payments for street
frontage improvements.
BACKGROUND
TUkvv|8 Municipal Code Section 11. 12.030 requires developers tO iDGt8|| street frontage
improvements prior to receiving a certificate of occupancy. This TMC section also authorizes the
Public Works Director to allow the developer to pay the City for the iOOpPDVeOOHDtS in lieu Of
CODSt[U[tiOg the improvements themselves. In that situation, the TMC specifies that the
payment must be made before the City issues a building permit to the developer.
DISCUSSION
|D some situations, itmay beiDthe City's interest to allow the developer tomake payments for
the Si[G8t frontage iO0p[OV80eDtS after the City has iGGU8d 8 building permit. For example, the
City i8 designing and will construct improvements b]South 144"' Street between Tukwila
International Boulevard and 42 Ind Avenue South. The Tukwila Village developer /TVDA\and
King COUOtv Library System (MCLS)Vi|| pay toward the S 144 m 8t street i[DpPDV8OleDtG. It i8
very likely that l[V[}A and KCL8VVi|| VV@Ot to pull building p8[nUit8 well before the City is ready to
start construction of the StnB8t improvements. It does not seem na8GOn8b|e to require the
developer payments far in advance of when the City starts street improvement construction.
The Ordinance attached includes the proposed revisions to TMC 11.12.030.
FISCAL IMPACT
This item has no budget impact to the City.
RECOMMENDATION
The Council is being asked to amend Ordinance No. 1995 setting required improvements for
new buildings and developments and consider this item @t the February 23'2O15 Committee Of
the Whole meeting and subsequent March 2'2O15 Regular Meeting.
Attachment: Draft Ordinance
11m
For nevj°mmoommanceskinm Memo Street Frontage Improvements wmwa,w.docx
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1995
§1 (PART), AS DELINEATED IN ATTACHMENT A TO
ORDINANCE NO. 1995 AND CODIFIED AT TUKWILA
MUNICIPAL CODE SECTION 11.12.030, REGARDING PAYMENT
FOR STREET FRONTAGE IMPROVEMENTS; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, public street frontage improvements such as water, sewer, surface water
drainage, curbs, gutters, sidewalks, driveways, streets and other infrastructure are
necessary to support development; and
WHEREAS, the City requires developers to construct street frontage improvements
or to provide a payment-in-lieu, and
WHEREAS, in some instances it may be in the City's best interest to allow the
property owner to proceed with construction prior to constructing the improvements or
paying the payment-in-lieu;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Section 11.12.030 Amended. Ordinance No. 1995 §1 (part), as
delineated in Attachment A to Ordinance No. 1995 and codified at Tukwila Municipal
Code Section 11.12.030, "Street Frontage Improvements," is hereby amended to read
as follows:
11.12.030 Street Frontage Improvements
(See TMC Title 17 for further detail)
A. The installation of street frontage improvements is required prior to issuance of
a certificate of occupancy for new construction, other than single-family homes, or prior
to final approval for subdivisions and 5-9 lot short plats and Planned Residential
Developments. For additions and remodels to existing buildings, see TMC Section
11.12.070.
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B. Complete street frontage improvements shall be installed along the entire
frontage of the property at the sole cost of the permittee as directed by the Director.
Street frontage improvements may include curb, gutter, sidewalk, storm drainage, street
lighting, traffic signal equipment, utility installation or relocation, landscaping strip, street
trees and landscaping, irrigation, street widening, and channelization. Beyond the
property frontage, the permittee shall provide ramps from the new sidewalk or walkway
to the existing shoulder, and pavement and channelization tapering back to the existing
pavement and channelization as needed for safety.
C. When (due to site topography, city plans for improvement projects, or other
similar reasons) the Director determines that street frontage improvements cannot or
should not be constructed at the time of building construction, the property owner shall,
prior to issuance of the building permit, at the direction and discretion of the Director:
1. Enter into an agreement to P-pay to the City an amount equal to the
property owner's cost of installing the required improvements. At the direction and
discretion of the Director, the property owner shall be required to provide a bond or
other financial security for its payment obliqation,
The property owner shall provide documentation satisfactory to the Director that
establishes the cost of the materials, labor, and quantities; or
2. Record an agreement which provides for these improvements to be
installed by the property owner by a date acceptable to the Director; or
3. Record an agreement to not protest a local improvement district to improve
the street frontage.
D. If, at a time subsequent to the issuance of a building permit, a local
improvement district is established that includes the property for which the building
permit was issued, the property may be considered in the compilation of the local
improvement district assessment with the appropriate amount of costs of construction
expended by the developer.
E. The Director under either of the following conditions may waive the requirement
for installation of frontage improvements:
1. If adjacent street frontage improvements are unlikely to be installed in the
foreseeable future; or
2. If the installation of the required improvement would cause significant
adverse environmental impacts.
Section 2. Corrections by City Clerk or Code Reviser. 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.
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Section 3. Severabillity. 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 4. 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 Regular Meeting thereof this - day of 12015.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
Rachel B. Turpin, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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