Loading...
HomeMy WebLinkAboutPED 2020-10-19 Item 1A - Discussion - Revisions to Subdivision Code1111111111111111111, of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Planning & Economic Development Committee FROM: Jack Pace, Director, Department of Community Development BY: Jaimie Reavis, Senior Planner CC: Mayor Ekberg DATE: October 19, 2020 SUBJECT: Updates to subdivision procedures. ISSUE Revisions to Chapters 17 and 18 of the Tukwila Municipal Code are needed to establish a process to modify a previously approved preliminary approval for the subdivision of land, and to allow administrative review of final plat applications. Staff is requesting direction from the PED Committee to forward this issue to the Planning Commission for a public hearing. BACKGROUND Tukwila Municipal Code chapters 17 and 18 contain procedures for subdividing land. Two main areas have been identified for revisions: (1) The addition of a process to allow a proposal to be modified after preliminary approval has been issued but before an application has been submitted for final approval. (2) An update to allow administrative review of an application for final subdivision approval in conformance with recent changes in state law (RCW 58.17). The process for subdividing land in Tukwila involves two steps: (1) Preliminary Approval - a determination of approval or conditional approval made by the Short Subdivision Committee (i.e., representatives from Fire, Public Works, Planning, and Building) that an application for subdivision of land meets the applicable criteria. For an application involving 10 or more lots, the recommendations of the Short Subdivision Committee on the Preliminary Approval are referred to the Hearing Examiner or the Planning Commission for a public hearing and a Preliminary Approval determination (2) Final Approval - final review and signatures by all departments after the applicant has addressed any conditions of Preliminary Approval and has prepared the final documents to be recorded with King County. For an application with less than 10 lots, the final review is done by the Short Subdivision Committee and final signature is provided by the DCD Director. For an application involving 10 or more lots, the Final Subdivision Plat to be recorded with King County is signed by the directors of the Tukwila departments of Finance, Public Works, and Community Development, and review of project compliance with the conditions of Preliminary Approval and state and local requirements are referred to the City Council. City Council holds a public hearing, after which they issue a quasi-judicial decision on the Final Subdivision application. After Council approval of the Final Plat, it is signed by the Mayor and attested by the City Clerk. INFORMATIONAL MEMO Page 2 DISCUSSION Staff is requesting that the following zoning code revisions be considered: Adding a process for modifying a previously approved preliminary plat The Department of Community Development has received requests to modify subdivision applications that have received Preliminary Approval. Without a process to amend the existing Preliminary Approval, the procedures for this are unclear and the applicant is typically required to withdraw the existing application and re -apply to obtain a new Preliminary Approval. Other cities have adopted a process under which changes can be made to an existing Preliminary Approval before the application for Final Approval is submitted. Allowing for administrative review for final subdivision approval At the time a final plat application for land being divided into 10 or more lots is submitted for Final Approval, the project has already had a public hearing before the Hearing Examiner or Planning Commission as part of the Preliminary Approval process. Issues raised during the public notification and the public hearing for the Preliminary Approval can be worked into conditions of Preliminary Approval. Issues raised during the public hearing that is currently part of Final Approval before the Council only have bearing to the extent that they are related to the criteria for final approval. The review of a final plat application where land is being divided into 10 or more lots is administrative in nature, in which the approval body reviews materials submitted by the applicant to ensure they meet the criteria of TMC 17.14.030, C, including: (1) The final document to be recorded includes the required certificates and statements of approval, (2) Those who have signed the recording document are confirmed to be the owners of the property, (3) The infrastructure required to be constructed to serve the future development has been completed or otherwise provided for through a financial assurance, (4) The plat has been certified as accurate by the land surveyor responsible for the plat, (5) All conditions of the Preliminary Approval have been met, and (6) The plat meets the state subdivision requirements of RCW 58.17 and other applicable state and local laws in effect at the time of Preliminary Approval. Recent changes to the state law contained in RCW 58.17.100 state that "The legislative authorities of cities, towns, and counties may by ordinance delegate final plat approval to an established planning commission or agency, or to such other administrative personnel in accordance with state law or local charter." Numerous other jurisdictions have enacted amendments to allow administrative review by the municipal planning department or Director to facilitate a more efficient final platting process. Additionally, in the past the Washington Cities Insurance Authority recommended that quasi-judicial decisions should be made the hearing examiner instead of the City Council. The process to adopt these proposed modifications to TMC Chapters 17 & 18 requires Planning Commission review and public hearing prior to bringing forward the proposed revisions to PED and City Council. Council review and public hearings are anticipated in January/February 2021. FINANCIAL IMPACT None. 2 INFORMATIONAL MEMO Page 3 RECOMMENDATION Forward to Tukwila Planning Commission for review and recommendations to the City Council for final action. Staff will then bring this item back to the Committee with the Planning Commission's recommendation. ATTACHMENTS None. 3