HomeMy WebLinkAboutPlanning 2020-11-12 Item 3 - TMC Title 17 "Subdivisions and Plats" and Title 18 "Zoning" Public Hearin
STAFF REPORT TO THE PLANNING COMMISSION
Prepared November 3, 2020
FILE NUMBERS: L20‐0106
REQUEST: Amend Title 17 and Title 18
PUBLIC HEARING: A Notice of Public Hearing was published in the Seattle Times on October 29,
2020.
SEPA: This project is exempt from the State Environmental Policy Act under WAC 197‐
11‐800 (19), Procedural actions.
STAFF: Jaimie Reavis, Senior Planner
ATTACHMENTS: A. TMC 17.14.030, C: Criteria for Final Plat Approval and TMC 17.14.040 Phasing
ISSUE/SUMMARY OF PROPOSED ACTION
Staff is proposing changes to Title 17 and Title 18 that are intended to address approval process issues
for subdivisions identified by City staff, Segale Properties, and other applicants. Included are revising the
approval process for modifying a subdivision which has received preliminary approval (including
Boundary Line Adjustments, Lot Consolidations, Short Subdivisions, and Subdivisions), changing the
decision maker for final approval of subdivision applications which involve 10 or more lots, and
modifying the length of time for phases in a subdivision to be submitted for final subdivision approval.
BACKGROUND
Title 17 Subdivisions and Plats of the Tukwila Municipal Code (TMC) contains the regulations and criteria
for approval of subdividing land in the City of Tukwila. Title 18 of the TMC (Zoning) has additional
regulations for subdividing land, specifying the decision maker, appeal body, appeal type (open record
or closed record), and the procedures required for each type of application.
The different processes for the subdivision of land include short plats, boundary line adjustments, lot
consolidations, binding site improvement plans, and subdivisions. Except for the first issue, the focus of
this memo is on subdivisions of 10 or more lots (called plats).
1
2
Subdivision Process – Current
Table 1 summarizes who the decision maker is at various stages of review for a subdivision plat,
subdivision phasing, and modification of a preliminary plat. Also included are the public notification and
public hearing processes, time limits for expiration of the Preliminary Approval, and information on
proposed changes.
The current process all applications for subdivision go through include the following workflow:
Staff review‐‐> Preliminary Approval‐‐>Installation of Infrastructure (utilities, access)‐‐>Final Approval
1. Staff review: Initial review by Fire, Public Works, Planning, and Building – results in correction
letter or recommendation for Preliminary Approval.
2. Preliminary Approval: for the decision on a subdivision involving 10 or more lots ‐ the
recommendations are referred to the Hearing Examiner or Planning Commission (when there is
an associated Design Review application). After mailed and posted public notice is provided to
tenants and property owners within 500 feet, a public hearing is held on the application prior to
a decision on approval by either the Hearing Examiner or Planning Commission.
3. Installation of infrastructure and changes to survey document: Conditions of Preliminary
Approval include required changes to the survey and easement documents (for all types of
subdivision applications), and construction of infrastructure improvements in the case of a Short
Plat, some Binding Site Improvement Plans, and Subdivision Plats.
4. Final Approval:
a. The applicant makes changes to the survey and other applicable documents in response
to the conditions of Preliminary Approval and resubmits materials for City review. If
conditions of approval are met, then Final Approval is recommended and approval
granted by the DCD Director’s signature on the survey.
b. Subdivision plats are forwarded to the City Council for a quasi‐judicial public hearing and
decision.
DISCUSSION
Four main areas of revisions to Titles 17 and 18 of the TMC have been identified to improve subdivision
procedures. The options to consider are included in Table 1 below:
1. Add a process for an applicant to request modifications to Preliminary Approval of any type of
subdivision (i.e., Boundary Line Adjustment, Lot Consolidation, Binding Site Improvement Plan,
Short Plat, Subdivision). There is currently no guidance in the code and addition of a process
would add clarity for applicants and staff.
2. Revise the process for Final Approval of a subdivision with 10 or more lots (called a Final Plat) to
allow Director approval. Currently, the final plat is approved by the City Council as a quasi‐
judicial decision. State law was changed in 2017 to allow the City Council to delegate the review
and decision of a Final Plat to “an established planning commission or agency, or to such other
administrative personnel in accordance with state law or local charter.” Other jurisdictions have
adopted ordinances which allow Final Plat approval by the Planning Director, Hearing Examiner,
or Planning Commission.
2
3
3. Revise the phasing approval process to accommodate phasing during and after the Preliminary
Plat Approval stage.
4. Revise the extension approval process and language in TMC 17.14.050 to allow the DCD Director
to approve extensions, and allow for the expiration of a preliminary approval for a phased
subdivision to be extended for longer than the existing one‐year time period. Housekeeping
cleanup of the existing language is also proposed.
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1. Addition of a Process to allow a Modification of Preliminary Approval/Preliminary Plat
The Department of Community Development has received requests by subdivision applicants to modify an application in
between the Preliminary Approval and Final Approval stages. This process is not currently addressed in the code,
requiring an applicant to withdraw an existing application and submit a new one to obtain Preliminary Approval for their
revised plan. 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.
Many other cities have adopted an application process which involves the Director deciding as to whether the request
for a modification to a Preliminary Approval constitutes a “minor” or “major” modification. If the modification is deemed
to be Minor by the Director, then the modification can be approved administratively by the Director, and additional
conditions that must be addressed prior to Final Approval can be added. If the modification is deemed to be “Major”,
then a new application for Preliminary Approval must be submitted and the previous application is required to be
withdrawn. A minor modification does not change the vesting or expiration date associated with a Preliminary Approval
decision.
Staff Recommendation: Staff’s recommendation is to create a new application process for a minor and major
modification, according to the following processes:
Minor modifications proposed by an applicant after Preliminary Approval may be approved by the DCD Director as
an administrative Type 2 decision. The DCD Director may include conditions as part of an approval of a minor
modification to ensure conformance with the criteria below.
Minor modifications are those which:
(1) do not increase the number of lots in the subdivision beyond the number previously approved;
(2) do not decrease the aggregate area of open space, or the design or location of stormwater systems or
roadways in the subdivision by ten percent (10%) or more;
(3) may realign internal roadways and lot lines, but do not relocate any roadway access point to an exterior
street from the plat;
(4) do no alter the exterior boundaries of the subdivision;
(5) which are consistent with applicable development standards and will not cause the subdivision to violate any
applicable City policy or regulation;
(6) are consistent with the conditions of the preliminary approval.
Major modifications are those which, as determined by the DCD Director, are not minor modifications as defined in
this code, and either add property or lots or substantially change the basic design, density, open space, or other
substantive requirement or provision. If the applicant proposes to make one or more major changes, the revised
plan(s) must be processed as a new application.
2. Final Plat Approval Process
Currently, the decision on a final plat is made by the City Council following a public hearing. The Council decision on the
final plat is quasi‐judicial, meaning the City Council is required to make the decision on a project that will impact a
specific project site and applicant or property owner. As the legislative body of the City, the Council most often reviews
issues and makes decisions that apply City‐wide.
The following are reasons to consider changing the Decision Maker on a Final Plat Approval:
State law only requires a public hearing during the review of the Preliminary Plat application. Tukwila currently
complies with this requirement per TMC 18.104.010. A change in the decision maker or approval process will not
change this.
The City of Tukwila also currently requires a public hearing at the Final Plat Approval stage of a subdivision, as
required for Type 5 decisions (as well as Type 3 and Type 4 decisions). However, as noted above, state law only
7
6
requires a public hearing on a subdivision during review of the Preliminary Plat application when there is the most
opportunity to consider public comments.
State law requires Final Plat to be processed within 30 days of filing unless an extension is requested. It is difficult to
meet the deadline when a public hearing by the City Council is required for Final Plat approval. A code change to
allow administrative review by the Director of a Final Plat as a Type 2 or Type 1 decision would remove the
requirement to hold a public hearing for final plat approval, allowing for a faster and more efficient processing of
Final Plat applications.
A Final Plat is approved if it meets established criteria of approval for the preliminary plat. The Final Plat approval
process is non‐discretionary, subject to the criteria in TMC 17.14.030, C (see Attachment A).
The Washington Cities Insurance Authority strongly encourages councils to remove themselves as much as possible
from having to make quasi‐judicial decisions.
The City Council is the legislative body of the City of Tukwila. Most of the items reviewed by the City Council are
legislative in nature, involving setting City‐wide policies. The decision on a final plat is quasi‐judicial, meaning the
Council is required to make the decision on a project that will impact a specific project site and applicant or property
owner. This is different from a legislative process, as Councilmembers are not allowed to discuss the matter with
community members beforehand (ex parte communication).
Proposed options:
a. Administrative approval by the DCD Director.
b. Approval issued by the Hearing Examiner or Planning Commission.
Staff Recommendation: Option a. Administrative approval by the DCD Director.
3. Phasing of Final Approval
Phasing of a plat is currently approved by the City Council during the Final Plat approval, according to the criteria of TMC
17.14.040 (see Attachment A).
Staff Recommendation: At the time of Preliminary Approval, review and approval of project phasing is done by the
Hearing Examiner (Type 3)/Planning Commission (Type 4). If phasing is proposed after Preliminary Approval, or if a
modification to the phasing is proposed, then an application for a modification to the Preliminary Approval shall be
submitted for review by the DCD Director.
4. Subdivision Preliminary Plat Expiration
Currently, a subdivision preliminary plat and all associated phases must be recorded within five years of the date of
preliminary plat approval. Per TMC 17.14.050, B, “the hearing body of the preliminary approval may approve one
extension not to exceed one year.” Phased subdivisions are often done on larger plats to allow the developer to
sequentially receive final approval and begin selling or building on lots in one area of a plat while still completing
infrastructure installation in other specified phases.
The length of time a preliminary plat approval is in effect is significant because a preliminary plat vests the developer
with the right to both divide the property and to develop it in the manner disclosed in the application in accordance
with the land use and zoning laws in effect on the date of submittal. As land use and zoning laws are adopted, it is
the City’s intent to have new development consistent with current laws. It is also important for developers to have
assurance regarding the land use and zoning laws applicable to their proposals when they are planning new
developments.
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7
The options below allow for the DCD Director to issue extensions on subdivision preliminary plats which have received
phasing approval.
Proposed options:
Staff is recommending the following criteria be used in review of any request for extension of a subdivision
preliminary plat approval that has received phasing approval.
1. A written request for extension is filed at least 30 days before the expiration of the preliminary plat; and
2. Unforeseen circumstances or conditions which are not the result of voluntary actions of the applicant
necessitate the extension of the preliminary plat: and
3. Conditions in the immediate vicinity of the subject property have not changed substantially since the
preliminary plat was first approved; and
4. An extension of the preliminary plat will not cause substantial detriment to existing uses in the immediate
vicinity of the subject property or to the community as a whole; and
5. The applicant has demonstrated reasonable diligence in attempting to meet the time limit imposed; and
6. The preliminary plat substantially complies with applicable City Code provisions in effect on the date that
the application for extension was made.
The two options for extending the time allowed for a Subdivision Preliminary Plat Approval that has received phasing
approval including the following:
a. The DCD Director may extend a preliminary plat for a project that has received phasing approval, but not
including the initial phase, for up to three additional years beyond the period provided in TMC 17.14.050, A. In
no case shall the total time period between the date of Preliminary Approval and the date of recording of the
final phase of a phased development exceed 8 years.
b. Final plat approval of any phase of the subdivision preliminary plat will constitute an automatic one‐year
extension for the filing of the final plat for the next phases of the subdivision.
Staff Recommendation: Option A, along with adoption of the above criteria for use in review of requests for an
extension.
Additionally, staff is recommending the following language cleanup to TMC 17.14.050, A, since there are not currently
any Preliminary Plats in Tukwila which have not received Final Plat Approval:
RECOMMENDED ACTION
Staff recommends that the Planning Commission hold a public hearing on the proposed changes on November 12, 2020,
review each proposed change, and forward recommendations to the Council for a public hearing on December 14, 2020.
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7. King County Assessor’s maps which shows the
location of each property within 500 feet of the subdivision; two
sets of mailing labels for all property owners and tenants
(residents or businesses) within 500 feet of the subdivision.
8. Maintenance agreements, easements and other
documents ready for recording.
9. Signatures on the following certificates on the face
of the plat (when appropriate) from the surveyor that prepared
the plat, the King County Treasurer, Seattle-King County Health
Department, City of Tukwila Finance Director, Owner’s affidavit
and certificate of dedication as identified in TMC 17.04.060(I).
B. FINAL PLAT REVIEW PROCEDURES: Applications
for final plat approval shall be processed as Type 5 decision
subject to the provisions of TMC 18.108.050.
1. Referral to Other Departments and Agencies - The
Department of Community Development shall distribute the final
plat to all departments and agencies receiving the preliminary
plat, and to any other departments, special purpose districts and
other governmental agencies deemed necessary.
2. Departmental Approval - The Public Works
Department and other interested departments and agencies
shall review the final plat and submit to the Department of
Community Development written comments with respect to the
final plat decision criteria. If the final plat is in order, the Public
Works Director shall sign the appropriate certificates on the
mylar original.
3. Filing Final Plat -
a. Before the final plat is submitted to the City
Council, it shall be signed by the City Treasurer (Finance
Director), Director of Public Works, and the Director of the
Department of Community Development. Upon approval by the
City Council, it shall be signed by the Mayor and attested by the
City Clerk.
b. The applicant shall file the final plat with the
Department of Records and Elections. The plat will be
considered complete when a copy of the recorded documents is
returned to the Department of Community Development.
C. CRITERIA FOR FINAL PLAT APPROVAL: In
approving the final plat, the City Council shall find:
1. That the proposed final plat bears the required
certificates and statements of approval.
2. That a title insurance report furnished by the
subdivider confirms the title of the land, and the proposed
subdivision is vested in the name of the owner(s) whose
signature(s) appears on the plat certificate.
3. That the facilities and improvements required to
be provided by the subdivider have been completed or,
alternatively, that the subdivider has submitted with the
proposed final plat a performance bond or other security in
conformance with TMC 17.24.030.
4. That the plat is certified as accurate by the land
surveyor responsible for the plat.
5. That the plat is in conformance with the approved
preliminary plat.
6. That the plat meets the requirements of Chapter
58.17 RCW and other applicable state and local laws which
were in effect at the time of preliminary plat approval.
(Ord. 1833 §1(part), 1998)
17.14.040 Phasing
The subdivider may develop and record the subdivision in
phases. Any phasing proposal shall be submitted for City
Council review at the time at which a final plat for the first phase
is submitted. Approval of the phasing plan shall be based upon
making the following findings:
1. The phasing plan includes all land contained
within the approved preliminary plat, including areas where off-
site improvements are being made.
2. The sequence and timing of development is
identified on a map.
3. Each phase shall consist of a contiguous group of
lots that meets all pertinent development standards on its own.
The phase cannot rely on future phases for meeting any City
codes.
4. Each phase provides adequate circulation and
utilities. Public Works has determined that all street and other
public improvements, including but not limited to drainage and
erosion control improvements, are assured. Deferment of
improvements may be allowed pursuant to TMC Chapter 17.24.
5. All phases shall be recorded within the five-year
life of the preliminary plat, unless an extension is granted.
(Ord. 1833 §1(part), 1998)
17.14.050 Expiration
A. The preliminary plat approval for subdivision shall
expire unless a complete application for final plat meeting all
requirements of this chapter is submitted to the Tukwila City
Council for approval within seven years from the date of
preliminary plat approval if the date of preliminary plat approval
is on or before December 31, 2014, and within five years of the
date of preliminary plat approval if the date of preliminary plat
approval is on or after January 1, 2015; provided that final plat
meeting all requirements of this chapter shall be submitted to
the Tukwila City Council for approval within ten years from the
date of the preliminary plat approval if the project is not subject
to requirements adopted under Chapter 90.58 RCW and the
date of the preliminary plat approval is on or before December
31, 2007.
B. The hearing body of the preliminary approval may
approve one extension not to exceed one year.
(Ord. 2499 §1, 2016; Ord. 2124 §2, 2006;
Ord. 1833 §1 (part), 1998)
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