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Home My WebLink AboutReg 2015-03-02 Item 6B - Ordinance - Street Frontage ImprovementsCOUNCIL AGENDA SYNOPSIS ------------------------------ Iiiitiali - --------------------------------- I ITEMNO. Meelin ,g Date Prepared �y Mayor's review CPU review 02/23/15 DCS FIResolution A t g Date E Ordinance Mt g Dale 312115 03/02/15 DCS ❑ Other M1 g Date SPONSOR ❑ Counal E Mayor ❑ HR ❑ DCD [] Finanre [:] Fire [:1 IT ❑ P&R ❑ Police ❑ PWI SPONSOR'S The Council is being asked to consider and approve amendments to TMC 11.12.030 SUM,Nl,\RY regarding street frontage improvements. RrIVIF,W1,11) BY ❑ COW Mtg. ❑ CA&P Cmte ❑ F&S Cmte Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 2/17/15 COMMITTEE CHAIR: DUFFIE RECOMMENDATIONS: SPONSOR /ADMIN. Mayor's Office & Public Works Comm""'T�"`, Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE ExPi,"NDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments.- MTG. DATE RECORD OF COUNCIL ACTION 2/23/15 ITEM INFORMATION 31 STAFF SPONSOR: DEREK SPECK 2/23/15 A(,, I -'IN DA ITi ",,\I Ti,i,j,i Street Frontage Improvements CATEGORY E Discussion AIIS Date 2123115 N Motion Mig Date 312115 FIResolution A t g Date E Ordinance Mt g Dale 312115 E] Bid Award Mt g Date ❑ Public Hearing Mt g Date ❑ Other M1 g Date SPONSOR ❑ Counal E Mayor ❑ HR ❑ DCD [] Finanre [:] Fire [:1 IT ❑ P&R ❑ Police ❑ PWI SPONSOR'S The Council is being asked to consider and approve amendments to TMC 11.12.030 SUM,Nl,\RY regarding street frontage improvements. RrIVIF,W1,11) BY ❑ COW Mtg. ❑ CA&P Cmte ❑ F&S Cmte Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 2/17/15 COMMITTEE CHAIR: DUFFIE RECOMMENDATIONS: SPONSOR /ADMIN. Mayor's Office & Public Works Comm""'T�"`, Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE ExPi,"NDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments.- MTG. DATE RECORD OF COUNCIL ACTION 2/23/15 Forward to next Regular Meeting 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 Ordinance 31 32 City of Tukwila Washington Ordinance No. 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 11112. U07 0. W: Word Processing \Ordinances \Street Frontage Improvements 2- 24- 15.doc DS:bjs Page 1 of 3 33 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 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 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 2- 24- 15.doc Page 2 of 3 DS:bjs I 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 12015. 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 2- 24- 15.doc DS:bjs Page 3 of 3 35