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Home My WebLink AboutCOW 2015-02-23 Item 4B - Ordinance - Street Frontage ImprovementsCOUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Ma or's review C u 1 review 02/23/15 DCS ilfriC 2/23/15 03/02/15 DCS Bid Award Mtg Date E Public Hearing Mtg Date Other Mtg Date CATEGORY VI Discussion ■ Ordinance Mtg Date Mtg Date 3/2/15 Z Mayor E HR Z DCD Finance L Fire E IT P&'R E Police []PIV SPONSOR • County.' ITEM INFORMATION ITEM No. 4.B. 13 STAFF SPONSOR: DEREK SPECK ORIGINAL AGENDA DATE: 2/23/15 AGENDA ITEM TITLE Street Frontage Improvements 2/23/15 Z Motion Mtg Date 3/2/15 E Resolution Mtg Date Bid Award Mtg Date E Public Hearing Mtg Date Other Mtg Date CATEGORY VI Discussion ■ Ordinance Mtg Date Mtg Date 3/2/15 Z Mayor E HR Z DCD Finance L Fire E IT P&'R E Police []PIV SPONSOR • County.' SPONSOR'S The Council is being asked to consider and approve amendments to TMC 11.12.030 SUMMARY regarding street frontage improvements. REVIEWED BY El COW Mtg. E CA&P Cmte E F&S Cmte Cmte [1] Arts Comm. E Parks Comm. COMMITTEE CHAIR: DUFFIE I Transportation Cmte C Planning Comm. U Utilities DATE: 2/17/15 RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Mayor's Office & Public Works Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 2/23/15 MTG. DATE ATTACHMENTS 2/23/15 Informational Memorandum dated 2/13/15 Ordinance in draft form Minutes from the Transportation Committee meeting of 2/17/15 3/2/15 13 14 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Transportation Committee FROM: Derek Speck, Economic Development Administrator c5 DATE: February 13, 2015 SUBJECT: TMC 11.12.030 Street Frontage Improvements Ordinance Amendment ISSUE The Council is being asked to provide flexibility in the timing of developer payments for street frontage improvements. BACKGROUND Tukwila Municipal Code Section 11.12.030 requires developers to install 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 improvements in lieu of constructing 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 In some situations, it may be in the City's interest to allow the developer to make payments for the street frontage improvements after the City has issued a building permit. For example, the City is designing and will construct improvements to South 144th Street between Tukwila International Boulevard and 42nd Avenue South. The Tukwila Village developer (TVDA) and King County Library System (KCLS) will pay toward the S 144th St street improvements. It is very likely that TVDA and KCLS will want to pull building permits well before the City is ready to start construction of the street improvements. It does not seem reasonable 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 at the February 23, 2015 Committee of the Whole meeting and subsequent March 2, 2015 Regular Meeting. Attachment: Draft Ordinance Z:101AgendaBusinesslOrdinances For Review12015 Ordinances\Info Memo Street Frontage Improvements v1 02 -13 -15 gl.docx 15 16 RGNAT 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. W: Word Processing \Ordinances \Street Frontage Improvements strike -thru 1- 28- 15.doc DS:bjs Page 1 of 3 17 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 Ppay 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 obligation. 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. W: Word Processing \Ordinances \Street Frontage Improvements strike -thru 1- 28- 15.doc DS:bjs 18 Page 2 of 3 Section 3. 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 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 , 2015. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Street Frontage Improvements strike -thru 1- 28- 15.doc DS:bjs Page 3 of 3 19 20 Transportation Committee Minutes February 17, 2015 — Page 2 D. Ordinance: Amending Tukwila Municipal Code Section 11.12.030 — Street Frontage Improvements Staff is seeking Council approval of an ordinance that would amend Tukwila Municipal Code Section 11.12.030 to allow flexibility in the timing of developer payments for street frontage improvements. The current code requires that developers install frontage improvements prior to receiving a certificate of occupancy. It also authorizes the Public Works Director to allow the developer to pay the City for the improvements in which case the payment must be made prior to issuance of a building permit. The proposed ordinance would allow a developer to enter into an agreement with the City regarding these payments, subject to the approval of the Public Works Director, and to provide a bond or other security for this obligation. Staff believes there are certain developments where it is unreasonable to require payment far in advance of when the City is ready to begin street construction, and this code amendment will allow that flexibility when appropriate. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 23, 2015 COMMITTEE OF THE WHOLE. III. SCATBd Councilmember Hougardy highlighted items from the February 17 meeting including PSRC Industrial Lands Analysis and Overview of the 1 -5 JBLM Vicinity Congestion Relief Study. IV. MISCELLANEOUS Committee Chair Duffle requested an update on the Interurban Avenue street construction. Staff confirmed that it is on track and expected to be complete on schedule in 2015. Meeting adjourned at 5:55 p.m. Next p eting: Monday, March 2, 2015 Committee Chair Approval Minutes by LH, Reviewed by GL 21