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HomeMy WebLinkAboutPED 2020-12-07 COMPLETE AGENDA PACKET  The City of Tukwila strives to accommodate individuals with disabilities. Please contact the City Clerk’s Office at 206-433-1800 (TukwilaCityClerk@TukwilaWA.gov) for assistance. City of Tukwila Planning & Economic Development Committee  Thomas McLeod, Chair  Kathy Hougardy  Zak Idan Distribution: T. McLeod K. Hougardy Z. Idan D. Quinn Mayor Ekberg D. Cline R. Bianchi C. O’Flaherty A. Youn L. Humphrey AGENDA MONDAY, DECEMBER 7, 2020 – 5:30 PM HAZELNUT CONFERENCE ROOM (At east entrance of City Hall) THIS MEETING WILL NOT BE CONDUCTED AT CITY FACILITIES BASED ON THE GOVERNOR’S PROCLAMATION 20-28. THE PHONE NUMBER FOR THE PUBLIC TO LISTEN TO THIS MEETING IS: 1-253-292-9750, Access Code 157208534# Item Recommended Action Page 1. BUSINESS AGENDA a. An ordinance to adopt revisions to the Subdivision Code. Jaimie Reavis, Senior Planner b. Seattle Southside Regional Tourism Authority: Return on Investment. Brandon Miles, Business Relations Manager c. Experience Tukwila: Performance measures . Brandon Miles, Business Relations Manager d. COVID-19: Amending and renewing emergency rules to allow tents in parking lots and temporary signage. Brandon Miles, Business Relations Manager e. 2020 Committee work plan. Laurel Humphrey, Legislative Analyst 2. MISCELLANEOUS a. Forward to 1/11/21 C.O.W. and 1/18/21 Regular Mtg. b. Discussion only. c. Forward to 12/14 C.O.W. d. Forward to 12/14 C.O.W. Meeting and Special Meeting Consent Agenda. e. Discussion only. Pg.1 Pg.57 Pg.81 Pg.89 Pg.93 Next Scheduled Meeting: January 2021 City 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: November 25, 2020 SUBJECT: Updates to subdivision procedures ISSUE Should the subdivision procedures in Title 17 and Title 18 of the Tukwila Municipal Code be amended to create a process to allow for the modifications of preliminary approved plats; modify the approval process for final plats; allow for the creation of a phasing plan for plats; and modify the expiration time-period for preliminary plats? BACKGROUND Planning Commission Review The Tukwila Planning Commission at its November 12, 2020 meeting held a public hearing and provided recommendations on proposed amendments to Title 17 (Subdivisions and Plats) and Title 18 (Zoning). Two members of the public representing Segale Properties provided comments. A Comment Letter drafted by Nancy Bainbridge Rogers of Cairncross & Hempelmann on behalf of Segale Properties was also submitted for review by the Planning Commissioners prior to the meeting (Attachment C). The Planning Commission Meeting Minutes are included in Attachment B. A draft ordinance is attached which includes the proposed amendments based on Planning Commission recommendations (Attachment A), as well as some minor housekeeping text edits. Per the request of the Planning and Economic Development (PED) Committee at its October 19, 2020 meeting, a memo from the City Attorney on the proposed subdivision amendments is included as Attachment D. Subdivision Process The steps in the subdivision process are shown at right. Steps taken by the applicant are shown in the white areas, major decision points in the process shown in black, and construction of project infrastructure in gray. A subdivision is vested to the regulations in place at the time an application for a Preliminary Plat is deemed by the City to be complete. After initial review of the survey and construction documents, the Preliminary Approval is granted, which gives the applicant the go-ahead to 1 INFORMATIONAL MEMO Page 2 https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/CC Docs/Old W/2020 Info Memos/InfoMemo12-7PED_SubdivisionAmendments (BJM COMMENTS)_LM.docx submit construction permits to build project infrastructure to prepare individual lots for sale or development. State law requires an expiration date of five years from the date of Preliminary Approval and provides cities the authority to adopt extension periods. Property cannot be sold or developed until Final Approval is granted, through which final signatures are added to the survey and the survey is recorded to formally establish the new property lines for the new lots. DISCUSSION Table 1 summarizes the staff and Planning Commission recommended changes to TMC Title 17 and 18. The proposed subdivision amendments cover four main areas: 1. Adding a process to review proposed modifications to a project after it has received preliminary approval and before final approval. This option is currently not addressed in the code for any type of application for the subdivision of land, requiring an applicant to submit a new application even for minor changes. Staff Recommendation: DCD Director determines whether the modification is Minor or Major. Minor modifications may be approved by the Director. Major modifications require submittal of a new subdivision application. The full text of the staff recommendation is included below, with language additions recommended by the Planning Commission shown in italics. PC Recommendation: Approve staff’s recommendation, with the language changes shown in italic text: 1. Minor modifications proposed by an applicant after a preliminary approval decision has been issued may be approved by the Director, based on review by multiple departments. The 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: a. Do not increase the number of lots beyond the number previously approved, or which maintain the number of lots, or that decrease the number of lots in the subdivision below the number previously approved. b. Do not decrease the aggregate area of open space, or the design or location of stormwater systems or roadways in the project by 10% or more. c. May realign internal roadways and lot lines, but do not relocate any roadway access point to an exterior street. d. Do not alter the exterior boundaries of the project. e. Are consistent with applicable development standards and will not cause the plat to violate any applicable City policy or regulation. f. Are consistent with the conditions of the preliminary approval, provided that a minor modification may revise conditions of the preliminary approval so long as the revisions are consistent with the minor modification limitations set by TMC Section 17.12.020.D.a-e. 2. Major modifications are those which, as determined by the 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) shall be processed as a new application. 2 Table 1. Summary of Existing Processes and Staff and Planning Commission Recommended Changes ITEM TMC SECTIONS EXISTING PROCESS PROPOSED CHANGE/STAFF RECOMMENDATION REASON FOR CHANGE PLANNING COMMISSION RECOMMENDATION 1. Modification of a Preliminary Approval/ Preliminary Plat – Minor and Major 17.08.030, 17.12.020, 17.14.020, 18.104.010 Currently there is no process in the TMC for modifying preliminary approvals  DCD Director determination on whether the modification is Minor or Major.  Minor modifications may be approved by DCD Director.  Major modifications require submittal of a new subdivision application. To add a process to the code for this.  Approve staff’s recommendations with addition of language to require all departments review a modification before DCD Director approves it.  Add language to criteria a. and f., as provided in Comment Letter 2. Final Plat Review and Approval 17.14.030, 17.20.030, 18.104.010 City Council approves Final Plat Administrative approval by the DCD Director.  Substantive issues are addressed at preliminary plat stage  2017 Change to State Law  Public hearing is not required.  Decision is non-discretionary  Reduces City Council quasi- judicial decisions  Reduces review and approval time Approve staff’s recommendation. 3. Phasing Plan Approval 17.14.040, 18.104.010  Preliminary approval by Hearing Examiner (or Planning Commission if design review is required)  Final approval by City Council  Review and approval by the Hearing Examiner at time of Preliminary Approval.  Hearing Examiner review if phasing is proposed to be modified after Preliminary Approval has already been issued. Needed due to proposed change in Final Plat review and approval process.  Hearing Examiner review and approval at Preliminary Approval stage.  If phasing needs to be modified after Preliminary Approval has been issued, the phasing plan should go back to the Hearing Examiner for review and approval. 4. Subdivision Preliminary Plat Expiration and Extensions 17.14.050 The hearing body for the preliminary approval may approve one extension not to exceed one year  DCD Director approves extensions for subdivisions.  Criteria added for DCD Director’s review of extension requests.  Three-year extension beyond the state-required 5-year expiration period for phased subdivisions Request from applicant  For a Preliminary Plat with up to 2 phases: Three- year extension beyond the state-required 5-year expiration period.  For a Preliminary Plat with more than 2 phases: Nine-year extension beyond the state-required 5- year expiration period.  No change to staff recommended criteria for DCD Director’s review of such an extension request. 3 INFORMATIONAL MEMO Page 4 2. Changing the procedures and decision maker for Final Plat approval of a subdivision of 10 or more lots (called a plat). A plat currently receives Preliminary Plat approval following a public hearing by the Hearing Examiner (or Planning Commission when there is an associated design review). The Final Plat decision is currently made by the City Council following a public hearing. Staff Recommendation: DCD Director issues the Final Plat decision, based on review and written findings from multiple departments. PC Recommendation: Approve staff’s recommendation to have the process for Final Plat Approval changed from City Council to DCD Director. 3. Changing the procedures and decision maker for approval of a subdivision phasing plan. The current process is for review and approval of a subdivision phasing plan to occur at the Final Plat stage when the applicant goes to the City Council to receive Final Plat approval of the first phase of a phased subdivision. Staff Recommendation: Hearing Examiner review and approval at Preliminary Approval stage (or by the Planning Commission if there is an associated design review). DCD Director review and approval if modifications to the approved phasing plan are proposed after Preliminary Approval has been issued. PC Recommendation: Hearing Examiner review and approval of all phasing proposals or modifications to phasing plans (or Planning Commission when there is an associated design review). 4. Allowing DCD Director approval of subdivision extensions, and an additional extension time-period for phased subdivisions. Phased subdivisions allow infrastructure to be constructed incrementally, so that one phase may receive Final Plat approval while subsequent phases are still under construction. The current expiration for a phased subdivision is the same as for a subdivision that is not phased: 5 years from the date of preliminary approval, with the option for one, 1-year extension upon request to the Hearing Examiner. Staff Recommendation: The recommendation is to have the DCD Director issue approval of subdivision extension requests according to a set of criteria (included below this paragraph) and allow a longer extension period of up to 3 years for phased subdivisions. The staff recommendation of 3 years is different from the Planning Commission recommendations which allow up to up to three, 3-year extensions for subdivisions with more than two phases. The staff recommendation of a shorter extension period from the Planning Commission recommendations is based on City Attorney input and recommendations (Attachment D), vesting implications associated with the date of Preliminary Approval, the desire to have infrastructure finalized and new lots available for development, and staff review of subdivision extension periods in other jurisdictions. Criteria for approval of a subdivision extension: 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 4 INFORMATIONAL MEMO Page 5 https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/CC Docs/Old W/2020 Info Memos/InfoMemo12-7PED_SubdivisionAmendments (BJM COMMENTS)_LM.docx 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. PC Recommendation: Allow DCD Director to approve subdivision extensions according to staff- recommended criteria. For a preliminary plat with up to two phases, one 3-year extension can be granted for a maximum time-period of 8 years from the date of preliminary approval to the date of recording of the final phase. For a preliminary plat with more than two phases, up to three 3-year extensions can be granted for a maximum time-period of 14 years between the date of preliminary approval and the date of recording of the final phase of a phased development. FINANCIAL IMPACT None. RECOMMENDATION The PED Committee is being asked to provide direction on Planning Commission recommendations and forward the ordinance to the January 11, 2021 Committee of the Whole Meeting for a public hearing and review. COW is being asked to forward a recommendation to approve, deny or modify the draft ordinance at the Regular Meeting on January 18, 2021. ATTACHMENTS A. Draft Ordinance B. Planning Commission meeting minutes and staff report from November 12, 2020 C. Comment letter from Nancy Bainbridge Rogers, Cairncross & Hempelmann on behalf of Segale Properties LLC D. City Attorney Memo 5 6 CC:\Legislative Development\Subdivision amendments strike-thru 12-1-20 JR:bjs Review and analysis by Barbara Saxton Page 1 of 26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 17, “SUBDIVISIONS AND PLATS,” AND TITLE 18, “ZONING,” AT THE SECTIONS AS STATED HEREIN, TO INCORPORATE CODE AMENDMENTS PROVIDING A PROCESS TO MODIFY A SUBDIVISION PROJECT AFTER IT HAS RECEIVED PRELIMINARY APPROVAL, TO DELEGATE FINAL PLAT APPROVAL TO THE DIRECTOR OF COMMUNITY DEVELOPMENT, TO CHANGE THE PROCEDURES FOR PHASING OF A SUBDIVISION, AND TO PROVIDE FOR ADDITIONAL EXTENSIONS TO THE PRELIMINARY APPROVAL EXPIRATION OF PHASED SUBDIVISIONS; REPEALING ORDINANCE NO. 2499; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the rules, regulations, requirements, and standards for subdividing land in the City of Tukwila are contained in Title 17, “Subdivisions and Plats,” of the Tukwila Municipal Code; and WHEREAS, permit application types and procedures, including those for subdividing land in Tukwila, are contained within Title 18, “Zoning,” of the Tukwila Municipal Code; and WHEREAS, the Tukwila Municipal Code (TMC) does not currently provide a process for modification of most types of subdivisions after preliminary approval has been issued and before final approval is provided; and WHEREAS, the need for a process to modify a subdivision in between the preliminary approval and final approval stages of a project has arisen multiple times, requiring an applicant to withdraw preliminary approved projects in order to make modifications that can at times be minor in nature; and WHEREAS, the addition of a process to modify a subdivision in between the preliminary approval and final approval stages will provide City staff and applicants direction on how to address proposed minor and major modifications after a project has received preliminary approval; and 7 CC:\Legislative Development\Subdivision amendments strike-thru 12-1-20 JR:bjs Review and analysis by Barbara Saxton Page 2 of 26 WHEREAS, a 2017 update to Section 58.17.100 of the Revised Code of Washington allows the City Council, by ordinance, to delegate final plat approval to an established planning commission or agency, or to such other administrative personnel; and WHEREAS, TMC Section 17.14.040 outlines the process for review and approval of a proposal to record a subdivision in phases, which currently is tied to final plat review by the City Council; and WHEREAS, the Hearing Examiner is the hearing body that reviews a subdivision preliminary plat (unless there is an associated design review whereby the subdivision preliminary plat public hearing and decision can be combined for review by the Planning Commission); and WHEREAS, a proposal for a phased subdivision can be reviewed by the Hearing Examiner as a Type 3 decision, (or by the Planning Commission as a Type 4 decision if there is an associated design review); and WHEREAS, there is a need to offer a process to modify an approved phasing plan; and WHEREAS, the Tukwila Planning Commission held a public hearing and provided recommendations on amendments to the subdivision procedures in Title 17 and Title 18 of the Tukwila Municipal Code at its November 12, 2020 meeting; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance No. 1833 §1 (part), as codified at Tukwila Municipal Code (TMC) Section 17.08.030, is hereby amended to read as follows: 17.08.030 Preliminary approval A. In order to receive preliminary approval, the applicant must submit to DCDthe Director (as defined in TMC Chapter 18.06) a complete application, in quantities specified by the CityDCD, and meet the criteria for approval. B. A complete application consists of the following: 1. A completed application on a form provided by the Department of Community Development City and fee as identified in TMC Chapter 18.88. 2. A neat and readable plan drawn to a standard decimal (engineer) scale. A survey may be required if it is determined that level of information is needed to ensure the adjustment meets the approval criteria. The plan shall show the following information: a. Property lines, with those that remain in their existing location shown as a solid line, those that are being moved or removed shown as a dashed line, and those that have been relocated shown as a solid line and clearly identified as a relocated line. b. Dimensions of all property lines and area of the lots, before and after the adjustment. 8 CC:\Legislative Development\Subdivision amendments strike-thru 12-1-20 JR:bjs Review and analysis by Barbara Saxton Page 3 of 26 c. Location and floor area of all structures on the site, and their setbacks from existing and new property lines. d. Location and purpose of all easements on the site. e. Location, purpose and legal description of any new or extended easements proposed. f. Location of adjacent public roads and points of access from the public road(s) if a lot does not front on a public road; show how and where access is provided. g. Location of existing utilities and utility easements. h. Calculations which that demonstrate that required yards of the Uniform Building Code are met. 3. Before and after legal description of the affected lots. C. In order to approve a boundary line adjustment or lot consolidation, the Short Subdivision Committee shall determine the project complies with the following criteria: 1. No additional lots, sites, parcels, tracts or divisions are created. 2. The adjustment will not create non-conforming lots with respect to zoning dimension and area standards, zoning setbacks and lot area coverage standards. 3. The degree of non-conformance on existing non-conforming lots with respect to zoning dimension and area standards, zoning setbacks and floor area ratio are not increased. 4. All lots have legal access to a public road. Existing required private access road improvements and easements are not diminished below subdivision ordinance standards for lots that are served by a private access road. 5. Existing easements for utilities are appropriate for their intended function, or they are extended, moved or otherwise altered to an appropriate location. 6. The adjustment does not create any non-conformities with respect to the Uniform Building Code or any other locally administered regulation. D. Minor and major modifications to a preliminary approval. 1. Minor modifications proposed by an applicant after a preliminary approval decision has been issued may be approved by the Director as a Type 1 decision, based on review and recommendations of the Short Subdivision Committee . The 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: a. Do not increase the number of lots beyond the number previously approved, or which maintain the number of lots, or that decrease the number of lots in the subdivision below the number previously approved. b. Do not decrease the aggregate area of open space, or the design or location of stormwater systems or roadways in the project by 10% or more. 9 CC:\Legislative Development\Subdivision amendments strike-thru 12-1-20 JR:bjs Review and analysis by Barbara Saxton Page 4 of 26 c. May realign internal roadways and lot lines, but do not relocate any roadway access point to an exterior street. d. Do not alter the exterior boundaries of the project. e. Are consistent with applicable development standards and will not cause the boundary line adjustment or lot consolidation to violate any applicable City policy or regulation. f. Are consistent with the conditions of the preliminary approval, provided that a minor modification may revise conditions of the preliminary approval so long as the revisions are consistent with the minor modification limitations set by TMC Section 17.08.030.D.a-e. 2. Major modifications are those which, as determined by the 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) shall be processed as a new application. Section 2. Ordinance No. 1833 §1 (part), as codified at TMC Section 17.12.020, is hereby amended to read as follows: 17.12.020 Preliminary short plat approval A. Application/fees. The following items are required, in quantities specified by DCDthe City, for a complete Short Plat application for preliminary approval. Items may be waived if, in the judgment of the Short Subdivision Committee, they are not applicable to the proposal: 1. Items contained in TMC Section 18.104.060. 2. Completed Preliminary Short Plat Application Form as prescribed by the DCD DirectorCity with fee as identified in TMC Chapter 18.88. 3. Completed Application Checklist. 4. A complete SEPA Checklist application if project is not exempt from SEPA. 5. Complete applications for other required land use approvals. 6. A vicinity map showing location of the site. 7. A survey prepared to the standards identified in TMC Section 17.04.060. 8. Site and development plans which that provide the following information: a. The owners of adjacent land and the names of any adjacent subdivisions. b. Lines marking the boundaries of the existing lot(s) (any existing lot to be eliminated should be a dashed line and so noted). c. Locations of existing and proposed public street rights-of-way and easements and private access easements. 10 CC:\Legislative Development\Subdivision amendments strike-thru 12-1-20 JR:bjs Review and analysis by Barbara Saxton Page 5 of 26 d. Location, floor area and setbacks of all existing structures on the site. e. Lot area, lot line dimensions and average widths for each lot. f. Location of proposed new property lines and numbering of each lot. g. Location, dimension and purpose of existing and proposed easements. Provide recorded documents which that identify the nature and extent of existing easements. h. Location of any proposed dedications. i. Existing and proposed topography at two-foot contour intervals, extending to five feet beyond the project boundaries. j. Location of any sensitive critical areas and sensitive critical area buffers (slopes 15% or greater, wetlands or watercourses) on the site. k. Location, size and species of any trees located within a sensitive critical area or its buffer or the shoreline zone unless none of these trees are to be removed and their location is not likely to create undue hardship on individual lots with respect to TMC Chapter 18.54, “Urban Forestry and Tree Regulations.” l. Location of existing and/or proposed fire hydrants to serve the project. m. Description, location and size of existing and proposed utilities, storm drainage facilities and roads to serve the lots. n. Expected location of new buildings and driveways, including finished floor elevations of the buildings. 9. Letter of water and sewer availability if the provider is other than the City of Tukwila. B. Review procedures. 1. Referral to Other Departments. Upon receipt of an application for a short subdivision, the Department of Community DevelopmentDirector shall transmit one copy of the application to each member of the Short Subdivision Committee, and one copy to any department or agency deemed necessary. 2. Short Subdivision Committee Decision. The Short Subdivision Committee may approve, approve with modifications, or deny the application for a short subdivision pursuant to Type 2 permit procedures. No formal meeting of the Committee is required so long as the Chair obtains the recommendations and consent of the other members of the Committee before issuing a decision. C. Criteria for preliminary short plat approval. The Short Subdivision Committee shall base its decision on an application on the following criteria: 1. The proposed Short Plat is in conformance with the Tukwila Comprehensive Plan, and any other such adopted plans. 11 CC:\Legislative Development\Subdivision amendments strike-thru 12-1-20 JR:bjs Review and analysis by Barbara Saxton Page 6 of 26 2. Appropriate provisions have been made for water, storm drainage, erosion control and sanitary sewage disposal for the short plat which that are consistent with current standards and plans. 3. Appropriate provisions have been made for road, utilities and other improvements which that are consistent with current standards and plans. 4. Appropriate provisions have been made for dedications, easements and reservations. 5. The design, shape and orientation of the proposed lots are appropriate to the proposed use for which the lots are intended and are compatible with the area in which they are located. 6. Appropriate provisions for the maintenance of commonly owned private facilities have been made. 7. The short plat complies with the relevant requirements of the Tukwila Subdivision Ordinance. 8. The short plat complies with the requirements of the Tukwila Zoning Ordinance and other relevant local regulations. D. Minor and major modifications to a preliminary short plat approval. 1. Minor modifications proposed by an applicant after a preliminary approval decision has been issued may be approved by the Director as a Type 2 decision, based on review and recommendations of the Short Subdivision Committee. The 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: a. Do not increase the number of lots beyond the number previously approved, or which maintain the number of lots, or that decrease the number of lots in the subdivision below the number previously approved. b. Do not decrease the aggregate area of open space, or the design or location of stormwater systems or roadways in the project by 10% or more. c. May realign internal roadways and lot lines, but do not relocate any roadway access point to an exterior street. d. Do not alter the exterior boundaries of the project. e. Are consistent with applicable development standards and will not cause the short plat to violate any applicable City policy or regulation. f. Are consistent with the conditions of the preliminary approval, provided that a minor modification may revise conditions of the preliminary approval so long as the revisions are consistent with the minor modification limitations set by TMC Section 17.12.020.D.a-e. 2. Major modifications are those which, as determined by the 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 12 CC:\Legislative Development\Subdivision amendments strike-thru 12-1-20 JR:bjs Review and analysis by Barbara Saxton Page 7 of 26 provision. If the applicant proposes to make one or more major changes, the revised plan(s) shall be processed as a new application. Section 3. Ordinance Nos. 2124 §1 and 1833 §1 (part), as codified at TMC Section 17.14.020, are hereby amended to read as follows: 17.14.020 Preliminary plat A. Decision process. Applications for preliminary plat approval shall be processed as a Type 3 decision (or Type 4 decision when there is an associated design review) subject to the provisions of TMC Section 18.108.050030 (or TMC Section 18.108.040). B. Application. The following items are required, in quantities specified by DCD the City, for a complete application for preliminary plat approval. Items may be waived if, in the judgment of the DCD Director, the items are not applicable to the particular proposal: 1. Completed Preliminary Plat Application Form and fee, as identified in TMC Chapter 18.88. 2. Completed Application Checklist. 3. A complete SEPA Checklist application if project is not exempt from SEPA. 4. Complete applications for other required land use approvals. 5. A vicinity map showing location of the site. 6. A survey prepared to the standards identified in TMC Section 17.04.060. 7. All existing conditions shall be delineated. Site and development plans shall provide the following information: a. Owners of adjacent land and the names of any adjacent subdivisions. b. Lines marking the boundaries of the existing lot(s). (Any existing lot to be eliminated should be a dashed line and so noted.) c. Approximate names, locations, widths and dimensions of existing and proposed public street rights-of-way and easements and private access easements, parks and other open spaces, reservations, and utilities. d. Location, floor area and setbacks of all existing structures on the site. e. Lot area, dimensions and average widths for each lot. f. Location of proposed new property lines and numbering of each lot. g. Location, dimension and purpose of existing and proposed easements. Provide recorded documents that identify the nature and extent of existing easements. h. Location of any proposed dedications. i. Existing and proposed topography at two-foot contour intervals extending to five feet beyond project boundaries. 13 CC:\Legislative Development\Subdivision amendments strike-thru 12-1-20 JR:bjs Review and analysis by Barbara Saxton Page 8 of 26 j. Location of any sensitive critical areas and sensitive critical area buffers (slopes 15% or greater, wetlands or watercourses) on the site. k. Location, size and species of any trees located within a sensitive critical area or its buffer or the shoreline zone unless none of these trees are to be removed and their location is not likely to create undue hardship on individual lots with respect to TMC Chapter 18.54, "Urban Forestry and Tree Regulations." l. Source of water supply, method of sewage disposal, and manner of surface runoff control. m. Location of existing and proposed fire hydrants to serve the project. n. Description, location and size of existing and proposed utilities, storm drainage facilities and roads to serve the lots. o. A survey of existing trees and vegetation with a retention/removal plan for the preservation of significant trees and vegetation. p. Expected location of new buildings, their driveways and finished floor elevations. 8. Letter of water and sewer availability if the provider is other than the City of Tukwila. 9. Two sets of mailing labels for all property owners and tenants (residents or businesses) within 500 feet of the subdivision. 10. Items required by TMC Section 18.104.060 not already listed above. C. Review procedures. 1. Referral to Other Offices. Upon receipt of a complete preliminary plat application, the Department of Community DevelopmentDirector shall transmit a notice of application and one copy of the preliminary plat to each of the following offices, where appropriate: Public Works, Building Division, Fire Department, Police Department, King County Health Department, the appropriate school district, and each public utility agency serving the area in which the property proposed for subdivision is located. 2. Departmental Approval. The Public Works Department and other interested departments and agencies shall review the preliminary plat and submit to the Department of Community Development written comments with respect to the preliminary plat decision criteria. 23. Public Notice and Public Hearing. The process for public notice, hearings, decisions and appeals shall be as provided for Type 3 decisions (or Type 4 decisions if the plat is combined with an associated design review) as identified in TMC Title 18, “Zoning Code.” D. Criteria for preliminary plat approval. The Hearing Examiner (or Planning Commission if there is an associated design review) shall base its decision on an application for preliminary plat approval on the following criteria: 14 CC:\Legislative Development\Subdivision amendments strike-thru 12-1-20 JR:bjs Review and analysis by Barbara Saxton Page 9 of 26 1. The proposed subdivision is in conformance with the Tukwila Comprehensive Plan and any other City adopted plans. 2. Appropriate provisions have been made for water, storm drainage, erosion control and sanitary sewage disposal for the subdivision that are consistent with current standards and plans. 3. Appropriate provisions have been made for road, utilities and other improvements that are consistent with current standards and plans. 4. Appropriate provisions have been made for dedications, easements and reservations. 5. The design, shape and orientation of the proposed lots are appropriate to the proposed use for which the lots are intended and are compatible with the area in which they are located. 6. The subdivision complies with the relevant requirements of the Tukwila Subdivision and Zoning Ordinances, and all other relevant local regulations. 7. Appropriate provisions for maintenance of privately owned common facilities have been made. 8. The subdivision complies with RCW 58.17.110. E. Minor and major modifications to an approved preliminary plat. 1. Minor modifications proposed by an applicant after a preliminary approval decision has been issued may be approved by the Director as a Type 2 decision, based on review and recommendations of City departments including Public Works, Fire, Building, and Planning. The 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: a. Do not increase the number of lots in the subdivision beyond the number previously approved, or which maintain the number of lots, or that decrease the number of lots in the subdivision below the number previously approved. b. Do not decrease the aggregate area of open space, or the design or location of stormwater systems or roadways in the subdivision by 10% or more. c. May realign internal roadways and lot lines, but do not relocate any roadway access point to an exterior street from the plat. d. Do not alter the exterior boundaries of the subdivision. e. Are consistent with applicable development standards and will not cause the subdivision to violate any applicable City policy or regulation. f. Are consistent with the conditions of the preliminary approval, provided that a minor modification may revise conditions of the preliminary approval so long as the revisions are consistent with the minor modification limitations set by TMC Section 17.14.020.E.a-e. 15 CC:\Legislative Development\Subdivision amendments strike-thru 12-1-20 JR:bjs Review and analysis by Barbara Saxton Page 10 of 26 2. Major modifications are those which, as determined by the 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) shall be processed as a new application. Section 4. Ordinance No. 1833 §1 (part), as codified at TMC Section 17.14.030, is hereby amended to read as follows: 17.14.030 Final plat A. Application. The following items are required, in quantities specified by DCD the City, for a complete application for final plat approval. Items may be waived if in the judgment of the DCD Director said items are not applicable to the particular proposal: 1. Completed Application Form and fee as identified in TMC Chapter 18.88. 2. Completed Application Checklist. 3. Copies and one original of the final plat survey in conformance with the standards set forth in TMC Section 17.04.060. 4. A plat certificate from a title insurance company documenting the ownership and title of all interested parties in the plat, subdivision or dedication, and listing all encumbrances. The certificate must be dated within 45 calendar days prior to the date of filing the application for final plat approval. 5. Private covenants intended to be recorded with the plat. 6. Any documentation necessary to demonstrate conditions of preliminary plat approval have been met. 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 Section17.04.060(I) 17.04.060.B.2. B. Final Plat Review Procedures. Applications for final plat approval shall be processed as a Type 52 decision subject to the provisions of TMC Section18.108.050 18.108.020. 1. Referral to Other Departments and Agencies . The Department of Community DevelopmentDirector shall distribute the final plat to all departments and agencies who receiveding the preliminary plat, and to any other departments, special purpose districts and other governmental agencies deemed necessary. 16 CC:\Legislative Development\Subdivision amendments strike-thru 12-1-20 JR:bjs Review and analysis by Barbara Saxton Page 11 of 26 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 CouncilDirector, it shall be signed by the City Treasurer (Finance Director), and the Director of Public Works, and the Director of the Department of Community Development . Upon approval by the City CouncilDirector, it shall be signed by the Mayor and attested by the City Clerk. b. The applicant shall file the final plat with the King County Department of Records and Elections. The plat will be considered complete when a copy of the recorded documents is returned to the DirectorDepartment of Community Development. C. Criteria for final plat approval. In approving the final plat, the City Council Director 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 Section 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. Section 5. Ordinance No. 1833 §1 (part), as codified at TMC Section 17.14.040, is hereby amended to read as follows: 17.14.040 Phasing A. Approval of phasing plan. The subdivider may develop and record the subdivision in phases. Any phasing proposal shall be submitted for City Council Hearing Examiner review at the time at which a final plat for the first phasepreliminary plat is submitted. If there is an associated design review application, the phasing proposal and associated preliminary plat may be combined with the design review application and submitted for Planning Commission review. If changes to an approved phasing plan are proposed, they shall be resubmitted for review by the Hearing Examiner (or Planning 17 CC:\Legislative Development\Subdivision amendments strike-thru 12-1-20 JR:bjs Review and analysis by Barbara Saxton Page 12 of 26 Commission if the original phasing plan and preliminary plat were approved by the Planning Commission). 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.The first phase submitted for final subdivision approval must be recorded within five years of the date of preliminary plat approval, unless an extension is granted pursuant to TMC Section 17.14.050.C and TMC Section 17.14.050.D. Section 6. Ordinance Nos. 2124 §2 and 1833 §1 (part), as codified at TMC Section 17.14.050, are hereby amended to read as follows: 17.14.050 Expiration A. The preliminary plat approval for a subdivision that is not phased pursuant to TMC Section 17.14.040 shall expire unless a complete application for final plat meeting all requirements of this chapter is submitted to the Tukwila City Council Director 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; provided that the Director may extend a preliminary plat if the date of preliminary plat approval is on or after January 1, 2015 pursuant to TMC Section 17.40.050.B and TMC Section 17.40.05.D 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 approvalDirector may approve one extension not to exceed one year. C The preliminary plat approval for a phased subdivision approved pursuant to TMC Section 17.14.040 shall expire unless the first phase of the final subdivision approval is recorded within five years of the date of the preliminary plat approval; provided that the Director may extend a preliminary plat that has up to two phases for three additional years beyond the period provided in TMC Section 17.14.050.A. For preliminary plats that have more than two approved phases, the Director may extend a preliminary plat for a total of 18 CC:\Legislative Development\Subdivision amendments strike-thru 12-1-20 JR:bjs Review and analysis by Barbara Saxton Page 13 of 26 9 years with first extension of three years, and two subsequent extensions of three years each. 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 14 years. D. The following criteria shall be used in review of an extension request for a subdivision preliminary plat 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 that 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 the application for extension was made. Section 7. Ordinance Nos. 1971 §21 and 1833 §1 (part), as codified at TMC Section 17.20.030, are hereby amended to read as follows: 17.20.030 General Standards A. Environmental Considerations. 1. Sensitive Critical Areas. Land which that contains a sensitive critical area or its buffer as defined in TMC Title 18, or is subject to the flood zone control ordinance as defined in TMC Chapter 16.52, shall be platted to reflect the standards and requirements of the sensitive critical areas overlay zone, TMC Chapter 18.45, the planned residential development overlay if required pursuant to TMC Chapter 18.46, and/or the flood zone control ordinance, TMC Chapter 16.52. No lot shall be created that does not contain an adequate building site, given the environmental considerations of the lot and current development standards. 2. Trees. In addition to meeting the requirements of TMC Chapter 18.54, “Urban Forestry and Tree Regulations,” every reasonable effort shall be made to preserve existing trees and vegetation, and integrate them into the subdivision's design. B. Compatibility with Existing Land Use and Plans. 1. Buffer between uses. Where single-family residential subdivisions are to be adjacent to multiple-family, commercial or industrial land use districts, and where natural separation does not exist, adequate landscape buffer strips and/or solid fences for screening shall be provided. 19 CC:\Legislative Development\Subdivision amendments strike-thru 12-1-20 JR:bjs Review and analysis by Barbara Saxton Page 14 of 26 2. Conformity with existing plans. The location of all streets shall conform to any adopted plans for streets in the City. If a subdivision is located in the area of an officially designated trail, provisions may be made for reservation of the right-of-way or for easements to the City for trail purposes. The proposed subdivision shall respond to and complement City ordinances, resolutions, and comprehensive plans. 3. Other City regulations. All subdivisions shall comply with all adopted City regulations. In the event of a conflict, the more restrictive regulation shall apply. 4. Accessory structures. If a subdivision, short plat, or boundary line adjustment in a residential zone would result in an accessory structure remaining alone on a lot, the structure must be demolished before preliminary approval, or the owner must provide a bond or other financial guarantee acceptable to the Director in the amount of 150% of the cost of demolition and assurance that the accessory structure will be demolished if a residence is not built on the lot within 12 months of final approval. C. Streets. 1. Extension. Proposed street systems shall extend existing streets at the same or greater width, unless otherwise approved by the Department of Public Works and authorized by the City Council Director in approval of the plat. Where appropriate, streets shall be extended to the boundaries of the plat to ensure access to neighboring properties. The City’s goal is to have an integrated system of local streets whenever practical. Grading of steep topography may be necessary to achieve this objective. However, in sensitive critical areas, the layout and construction of streets shall follow the standards and procedures of the sensitive critical areas overlay zone. Dedication of additional right-of-way may be required for a short plat when it is necessary to meet the minimum street width standards or when lack of such dedication would cause or contribute to an unsafe road or intersection. 2. Names. All proposed street names or numbers shall be subject to approval by the Department of Community Development. 3. Intersections. Any intersection of public streets, whatever the classification, shall be at right angles as nearly as possible and not be offset insofar as practical. 4. Street layout. Street layout shall provide for the most advantageous development of the subdivision, adjoining areas, and the entire neighborhood. Evaluation of street layout shall take into consideration potential circulation solutions. While it is important to minimize the impact to the topography from creating an integrated road system, improved site development and circulation solutions shall not be sacrificed to minimize the amount of cut and fill requirements of the proposal. Where sensitive critical areas are impacted, the standards and procedures for rights-of-way in the sensitive critical areas overlay zone shall be followed. 5. Private access roads may be authorized if: a. Allowing private access roads in the area being subdivided will not adversely affect future circulation in neighboring parcels of property; and b. Adequate and reasonable provisions are made for the future maintenance and repair of the proposed private access roads; and 20 CC:\Legislative Development\Subdivision amendments strike-thru 12-1-20 JR:bjs Review and analysis by Barbara Saxton Page 15 of 26 c. The proposed private access roads can accommodate potential full (future) development on the lots created; and d. For residential subdivisions, the proposed private access roads do not serve more than four lots nor are more than 200 feet in length. Those access roads 150 feet or greater in length shall have a turnaround built to Fire Department standards. e. For commercial and industrial subdivisions, when private access roads are authorized, there shall be a minimum easement width of 40 feet. With the exception of minimum easement widths, private access roads shall be designed and constructed in accordance with the Department of Public Works standards, and zoning setbacks shall be required as though the easement were a public right-of-way. 6. Public roads. a. Right-of-way and paving widths for public roads shall be based as shown in the following table. The minimum paving and right-of-way width shall be used unless the City Engineer demonstrates a wider width is needed due to site circumstances, including but not limited to topography, traffic volume, street patterns, on-street parking, lot patterns, land use and bike and transit facilities, that justify an increase in width. Type of Street Right-of-Way Roadway Pavement Principal Arterial 80 - 100 feet 48 - 84 feet Minor Arterial 60 - 80 feet 36 - 64 feet Collector Arterial 60 - 80 feet 24 - 48 feet Access Road 50 - 60 feet 28 - 36 feet Cul-De-Sac Roadway 40 feet 26 feet Turnaround 92 feet (dia.) 81 feet (dia.) Alley 20 feet 15 feet Private Access Roads Residential 20 feet 20 feet Commercial 40 feet 28 feet b. Design: The design and alignment of all public streets shall conform to the following standards unless otherwise approved by the Department of Public Works: (1) Cul-de-sacs: Cul-de-sacs are not allowed unless there is no reasonable alternative or the cul-de-sac is shown on an officially adopted street plan. When allowed, they shall not exceed a length of 600 feet unless the City Council City determines that adequate alternative emergency access will be provided. (2) Street Grades: Street grades shall not exceed 15%. However, provided there are no vehicular access points, grades may be allowed up to 18%, for not more than 200 feet when: (a) Exceeding the grades would facilitate a through street and connection with the larger neighborhood; (b) The greater grade would minimize disturbance of sensitive critical slopes; 21 CC:\Legislative Development\Subdivision amendments strike-thru 12-1-20 JR:bjs Review and analysis by Barbara Saxton Page 16 of 26 (c) The Fire Marshal grants approval of the grade transition; and (d) Tangents, horizontal curves, vertical curves, and right-of-way improvements conform to Department of Public Works standards. c. Full width improvement: (1) When interior to a subdivision or a short plat of five or more lots, all publicly owned streets shall be designed and installed to full width improvement as provided below: (a) Shall be graded as necessary to conform to Department of Public Works standards. (b) Shall be of asphaltic concrete according to Department of Public Works standards. (c) Shall have permanent concrete curbs and gutters according to Department of Public Works standards. (d) Shall have storm drains consisting of the proper size pipe and catch basins; sizes to be approved by the Department of Public Works prior to the public hearing for the preliminary plat. (e) Shall have sidewalks provided at a minimum width as specified in TMC Chapter 11.12. (2) When interior to a short plat of four or fewer lots, all public streets and all privately owned streets that have the potential to serve five or more lots shall be designed and installed to full width improvement as provided below: (a) Shall be graded as necessary to conform to Department of Public Works standards. (b) Shall be of asphaltic concrete according to Department of Public Works standards. (c) Shall provide storm drainage to be approved by the Department of Public Works. (d) Shall provide sidewalk right-of-way or easements at a minimum width as specified in TMC Chapter 11.12. (e) Shall construct or provide L.I.D. no-protest agreements for permanent concrete curbs, gutters, and sidewalks according to Department of Public Works standards. (f) Shall be dedicated to the City or subject to a binding agreement for future dedication. (3) All privately owned roads that will serve four or fewer houses shall be designed and installed to full width improvement as provided below: (a) Shall be graded as necessary to conform to Department of Public Works standards. 22 CC:\Legislative Development\Subdivision amendments strike-thru 12-1-20 JR:bjs Review and analysis by Barbara Saxton Page 17 of 26 (b) Shall be of asphaltic concrete according to Department of Public Works standards. (c) Shall provide storm drainage to be approved by the Department of Public Works. d. Half width improvement: (1) Streets abutting the perimeter of a subdivision or short plat of five or more lots shall provide the full improvements on the half of the street adjacent to the site, provided additional paving may be required to ensure safe and efficient roads exist to serve the subdivision; provided further that there are no physical obstructions to completing the other half of the roadway; and that there is a minimum of 20 feet of paving. (2) If the future grade or alignment of the adjacent public street is unknown and it is not feasible to establish the grade in a reasonable period or the immediate improvement of the street would result in a short, isolated segment of improved street and similar street improvements in the vicinity are unlikely to occur within six years, the City may approve a delay of improvements. The owner(s) must agree to enter into a binding L.I.D. no-protest agreement to further improve the street to full public street standards in the future; however adjacent streets must still be improved to the minimum level necessary, in the judgment of the City Engineer, to safely accommodate traffic generated by the proposed subdivision or short plat. (3) Streets abutting the perimeter of a short plat of four or fewer lots shall provide L.I.D. no-protest agreements for construction of frontal improvements on the half of the street adjacent to the site, provided that there is a minimum of 20 feet of paving. D. Utilities. 1. Generally. All utilities designed to serve the subdivision shall be placed underground and, if located within a sensitive critical area, shall be designed to meet the standards of the sensitive critical areas overlay zone. Those utilities to be located beneath paved surfaces shall be installed, including all service connections, as approved by the Department of Public Works; such installation shall be completed and approved prior to application of any surface materials. Easements may be required for the main- tenance and operation of utilities as specified by the Public Works Department. 2. Sanitary sewers. Sanitary sewers shall be provided to each lot at no cost to the City and designed in accordance with City standards. Septic systems may be installed when approved by the Seattle-King County Department of Public Health and when the existing sewer system will not be available to the lot within the life of the preliminary approval. 3. Storm drainage. The storm drainage collection system shall meet the requirements of the City’s stormwater ordinance standards (Ordinance #1755TMC Chapter 14.28). 4. Water system. Each lot within a proposed subdivision shall be served by a water distribution system designed and installed in accordance with City standards. Locations of fire hydrants and flow rates shall be in accordance with City standards and the Uniform Fire Code. 23 CC:\Legislative Development\Subdivision amendments strike-thru 12-1-20 JR:bjs Review and analysis by Barbara Saxton Page 18 of 26 E. Blocks. 1. Length. Residential blocks should not be less than 300 feet nor more than 1,000 feet in length, (600 - 2,000 feet for commercial and industrial areas). Where circumstances warrant for the purpose of implementing the Comprehensive Plan, the Planning Commission may require one or more public pathways of not less than six feet nor more than 15 feet in width, either by dedication or easement, to extend entirely across the width of the block to connect public rights-of-way. 2. Width. Blocks shall be wide enough to allow two tiers of lots, except where abutting a major street or prevented by topographical conditions or size of the property, in which case the City Council Director may approve a single tier. 3. Pedestrian considerations. Blocks, roads and pedestrian improvements shall be designed to provide a safe and convenient pedestrian network. F. Lots. 1. Arrangement. Insofar as practical, side lot lines shall be at right angles to street lines or radial to curved street lines. Each lot must have access to a public street that is approved at the time of plat review; however, rather than designing flag lots, access shall be accomplished with common drive easements. 2. Lot design. The lot area, width, shape, and orientation shall be appropriate for the location of the subdivision, for the type of development and land use contemplated, and shall conform with the requirements of the zoning ordinance. 3. Corner lots. Corner lots may be required to be platted with additional width to allow for the additional side yard requirements. G. Landscaping. 1. Each lot within a new subdivision or short plat of five lots or greater shall be landscaped with at least one tree in the front yard to create a uniform streetscape. 2. Landscaping shall conform with Public Work standards. H. Street Signs. The subdivider shall be responsible for the initial cost of any street name or number signs, or street markings, including installation thereof, that Public Works finds necessary for the subdivision. I. Lighting. Street lighting shall conform to the Department of Public Works standards unless the City Council Public Works Director requires alternative fixtures, poles, and/or spacing to contribute to an overall design concept of the subdivision. J. Monumentation. 1. Imprinted monument. All monuments set in subdivisions shall be at least 1/2 inch x 24-inch steel bar or rod, or equivalent, with durable cap imprinted with the license number of the land surveyor setting the monument. 24 CC:\Legislative Development\Subdivision amendments strike-thru 12-1-20 JR:bjs Review and analysis by Barbara Saxton Page 19 of 26 2. Centerline monument. After paving, except as provided in TMC Section 17.20.030.J.5, monuments shall be driven flush with the finished road surface at the following intersections: a. Centerline intersections. b. Points of intersection of curves if placement falls within the paved area; otherwise, at the beginnings and endings of curves. c. Intersections of the plat boundaries and street center lines. 3. Property line monumentation. All front corners, rear corners, and beginnings and endings of curbs shall be set with monuments, except as provided in TMC Section 17.20.030.J.5. In cases where street curbs are concentric and/or parallel with front right-of-way lines, front property line monumentation may be provided by brass screws or concrete nails at the intersections of curb lines and the projections of side property lines. If curb monumentation is used, it shall be noted on the plat, and also that such monumentation is good for projection of line only and not for distance. 4. Post-monumentation. All monuments for exterior boundaries of the subdivision shall be set and referenced on the plat prior to plat recording. Interior monuments need not be set prior to recording if the developer certifies that the interior monuments shall be set within 90 days of final subdivision construction inspection by the Department of Public Works, and if the developer guarantees such interior monumentation. 5. Post-monumentation bonds. In lieu of setting interior monuments prior to final plat recording as provided in TMC Section 17.20.030.J.3, the Public Works Director may accept a bond in an amount and with surety and conditions satisfactory to the Director, or other secure method as the Public Works Director may require, providing for and securing the actual setting of the interior monuments. Section 8. Ordinance Nos. 2124 §3 (part) and 1833 §1 (part), as codified at TMC Section 17.24.010, are hereby amended to read as follows: 17.24.010 Plans and permits required for public improvements A. Approval of a preliminary plat, short plat, binding site improvement plan or boundary line adjustment shall constitute approval for the applicant to develop construction plans and specifications, for all facilities and improvements, in substantial conformance to the preliminary approval, design standards, and any special conditions required by the Short Subdivision Committee, Hearing Examiner, or Planning Commission or City Council; to obtain permits and complete installation for said improvements; and to prepare a final plat, plans, surveys and other documents for recording. B. Prior to installing improvements, the developer shall apply for all required permits for those improvements. The applications shall include development plans as specified on the application form. [Note: See TMC Chapters 11.08 and 11.12 for additional guidance on standards and permit requirements for improvements in the public right-of- way.] 25 CC:\Legislative Development\Subdivision amendments strike-thru 12-1-20 JR:bjs Review and analysis by Barbara Saxton Page 20 of 26 Section 9. Ordinance Nos. 2124 §3 (part) and 1833 §1 (part), as codified at TMC Section 17.24.030, are hereby amended to read as follows: 17.24.030 Improvement agreements and financial guarantees A. Required improvements. Before any final subdivision, short plat, binding site improvement plan or boundary line adjustment is finally approved, the subdivider shall install required improvements and replace or repair any such improvements which are damaged in the development of the subdivision. In lieu of the completion of the actual construction of all required improvements (public and private) and prior to the approval of a final plat, the Public Works Director may accept a bond in an amount and with surety and conditions satisfactory to the Director, or other secure method, providing for and securing to the City the actual construction and installation of all required improvements. This is in addition to the requirements of TMC Chapter 11.08 requiring a performance bond for all work being done in the public right-of-way. If the Public Works Director accepts a bond for the completion of the work, the subdivider shall execute and file with the City an agreement guaranteeing completion of such improvements together with any needed replacement or repair. The agreement shall: 1. Specify the period of time within which all work required shall be completed. The time for completion shall not exceed one year from the date of final approval of the subdivision. The agreement may provide for reasonable extensions of time for comple- tion of work. Extensions must be requested, approved by the Public Works Director, and properly secured in advance of the required initial completion date. 2. Require notice by the subdivider to the Public Works Director promptly upon completion of all required improvements. 3. Provide for notice of approval or disapproval by the Public Works Director of the improvement within a reasonable time after receiving notice of completion. 4. Require financial security to be provided by the subdivider pursuant to TMC Section 17.24.030.C. 5. Provide that, if the subdivider fails to complete all required work within the period specified, the City may take steps to demand performance of the developer’s obligation within a reasonable time not to exceed 90 days from the date of demand. 6. Provide that, if the required improvements are not completed within that time, the City may take action to require the subdivider to forfeit the financial security. 7. Provide that the City shall be entitled to recover all costs of such action including reasonable attorney’s fees. 8. Provide that, following recovery of the proceeds of the financial security, those proceeds shall be used to complete the required improvements and pay the costs incurred. 9. Provide that, should the proceeds of the financial security be insufficient for completion of the work and payment of the costs, the City shall be entitled to recover the deficiency from the subdivider. 26 CC:\Legislative Development\Subdivision amendments strike-thru 12-1-20 JR:bjs Review and analysis by Barbara Saxton Page 21 of 26 B. Maintenance agreement. Regardless of whether all required improvements are completed prior to final approval of any subdivision of land, as a condition of such approval the subdivider shall execute an agreement to assure successful operation of said improvements. [Note: See TMC Section 11.08.110 for details.] The agreement shall: 1. Require the subdivider to post a bond or other financial security to secure successful operation of all required improvements and full performance of the developer’s maintenance obligation. Such financial security shall be effective for a two-year period following approval of installation of all required improvements. 2. Require the subdivider to perform maintenance functions on drainage improvements for a period of time not to exceed two years from approval of their com- pletion or final plat approval, whichever is later. Such maintenance functions shall be specified by the Public Works Director, and shall be reasonably related to the burdens that the subdivision will impose on drainage facilities during the time maintenance is required. The City Council may agree to accept and perform maintenance of the improvements, in which case the subdivider’s obligation to perform maintenance functions shall terminate. 3. Not relieve the subdivider of liability for the defective condition of any required improvements discovered following the effective term of the security given. 4. Provide a waiver by the subdivider of all claims for damages against any governmental authority, which may occur to the adjacent land as a result of construction, drainage, and maintenance of the streets and other improvements. C. Performance bond. To assure full performance of the agreements required herein, the subdivider shall provide one or more of the following in a form approved by the City Attorney: 1. A surety bond executed by a surety company authorized to transact business in the State of Washington. 2. An irrevocable letter of credit from a financial institution stating that the money is held for the purpose of development of the stated project. 3. An assignment of account with a financial institution which holds the money in an account until such time the City signs a written release. The assignment of account will allow the City to withdraw the funds in the event the provisions of the agreement are not met. 4. A cash deposit made with the City of Tukwila. D. Amount of Financial Security. The financial security provided shall be 150% of the estimated cost of the improvements to be completed and all related engineering and incidental expenses, final survey monumentation and preparation of reproducible Mylar or electronic records in a format approved by Public Works and meeting current Public Works drawing standards of the “as-built” improvements. The subdivider shall provide an estimate of these costs for acceptance by the Public Works Director. 27 CC:\Legislative Development\Subdivision amendments strike-thru 12-1-20 JR:bjs Review and analysis by Barbara Saxton Page 22 of 26 E. Defective Work. The acceptance of improvements by the City shall not prevent the City from making a claim against the developersubdivider for any defective work if such is discovered within two years after the date of completion of the work. Section 10. Ordinance Nos. 2627 §32, 2442 §6, 2368 §70, 2294 §1, 2251 §75, 2235 §19, 2135 §19 and 2119 §1, as codified at TMC Section 18.104.010, are hereby amended to read as follows 18.104.010 Classification of Project Permit Applications Project permit decisions are classified into five types, based on the degree of discretion associated with each decision, as set forth in this section. Procedures for the five different types are distinguished according to who makes the decision, whether public notice is required, whether a public meeting and/or a public hearing is required before a decision is made, and whether administrative appeals are provided. 1. TYPE 1 DECISIONS are made by City administrators who have technical expertise, as designated by ordinance. Type 1 decisions may be appealed to the Hearing Examiner who will hold a closed record appeal hearing based on the information presented to the City administrator who made the decision. Public notice is not required for Type 1 decisions or for the appeals of those decisions. TYPE 1 DECISIONS TYPE OF PERMIT DECISION MAKER Administrative Variance for Noise – 30 days or less (TMC Section 8.22.120) Community Development Director Any land use permit or approval issued by the City, unless specifically categorized as a Type 2, 3, 4, or 5 decision by this chapter As specified by ordinance Boundary Line Adjustment, including Lot Consolidation (TMC Chapter 17.08) Community Development Director Minor Modification of a Boundary Line Adjustment or Lot Consolidation Preliminary Approval (TMC Section 17.08.030) Community Development Director Development Permit Building Official Minor modification to design review approval (TMC Section 18.60.030) Community Development Director Minor Modification to PRD (TMC Section 18.46.130) Community Development Director Tree Permit (TMC Chapter 18.54) Community Development Director Wireless Communication Facility, Minor (TMC Chapter 18.58) Community Development Director 2. TYPE 2 DECISIONS are decisions that are initially made by the Director or, in certain cases, other City administrators or committees, but which are subject to an open record appeal to the Hearing Examiner, Board of Architectural Review, or, in the case of shoreline permits, an appeal to the State Shorelines Hearings Board pursuant to RCW 90.58. 28 CC:\Legislative Development\Subdivision amendments strike-thru 12-1-20 JR:bjs Review and analysis by Barbara Saxton Page 23 of 26 TYPE 2 DECISIONS TYPE OF PERMIT INITIAL DECISION MAKER APPEAL BODY (open record appeal) Administrative Design Review (TMC Section 18.60.030) Community Development Director Board of Architectura l Review Administrative Planned Residential Development (TMC Section 18.46.110) Short Plat Committee Hearing Examiner Administrative Variance for Noise – 31-60 days (TMC Section 8.22.120) Community Development Director Hearing Examiner Binding Site Improvement Plan (TMC Chapter 17.16) Short Plat Committee Hearing Examiner Cargo Container Placement (TMC Section 18.50.060) Community Development Director Hearing Examiner Code Interpretation (TMC Section 18.90.010) Community Development Director Hearing Examiner Exception from Single-Family Design Standard (TMC Section 18.50.050) Community Development Director Hearing Examiner Modification to Development Standards (TMC Section 18.41.100) Community Development Director Hearing Examiner Parking standard for use not specified (TMC Section 18.56.100), and modifications to certain parking standards (TMC Sections 18.56.065, .070, .120) Community Development Director Hearing Examiner Sensitive Critical Areas (except Reasonable Use Exception) (TMC Chapter 18.45) Community Development Director Hearing Examiner Shoreline Substantial Development Permit (TMC Chapter 18.44) Community Development Director State Shorelines Hearings Board Shoreline Tree Permit Community Development Director Hearing Examiner Short Plat (TMC Chapter 17.12) Short Plat Committee Hearing Examiner Minor Modification of a Short Plat Preliminary Approval (TMC Section 17.12.020) Community Development Director Hearing Examiner Minor Modification of a Subdivision Preliminary Plat (TMC Section 17.14.020) Community Development Director Hearing Examiner Subdivision – Final Plat (TMC Section 17.14.030) Community Development Director Hearing Examiner 29 CC:\Legislative Development\Subdivision amendments strike-thru 12-1-20 JR:bjs Review and analysis by Barbara Saxton Page 24 of 26 Modification to TUC Corridor Standards (TMC Section 18.28.110.C) Community Development Director Hearing Examiner Modification to TUC Open Space Standards (TMC Section 18.28.250.D.4.d) Community Development Director Hearing Examiner Transit Reduction to Parking Requirements (TMC Section 18.28.260.B.5.b) Community Development Director Hearing Examiner Wireless Communication Facility, Minor (TMC Chapter 18.58) Community Development Director Hearing Examiner 3. TYPE 3 DECISIONS are quasi-judicial decisions made by the Hearing Examiner following an open record hearing. Type 3 decisions may be appealed only to Superior Court, except for shoreline variances and shoreline conditional uses that may be appealed to the State Shorelines Hearings Board pursuant to RCW 90.58. TYPE 3 DECISIONS TYPE OF PERMIT INITIAL DECISION MAKER APPEAL BODY (closed record appeal) Resolve uncertain zone district boundary Hearing Examiner Superior Court Variance (zoning, shoreline, sidewalk, land alteration, sign) Hearing Examiner Superior Court TSO Special Permission Use (TMC Section 18.41.060) Hearing Examiner Superior Court Conditional Use Permit Hearing Examiner Superior Court Modifications to Certain Parking Standards (TMC Chapter 18.56) Hearing Examiner Superior Court Reasonable Use Exceptions under Critical Areas Ordinance (TMC Section 18.45.180) Hearing Examiner Superior Court Variance for Noise in excess of 60 days (TMC Section 8.22.120) Hearing Examiner Superior Court Variance from Parking Standards over 10% (TMC Section 18.56.140) Hearing Examiner Superior Court Subdivision -– Preliminary Plat with no associated Design Review application (TMC Section 17.14.020) Hearing Examiner Superior Court Subdivision Phasing Plan (TMC Section 17.14.040) Hearing Examiner Superior Court Wireless Communication Facility, Major or Waiver Request (TMC Chapter 18.58) Hearing Examiner Superior Court Shoreline Conditional Use Permit Hearing Examiner State Shorelines Hearings Board 4. TYPE 4 DECISIONS are quasi-judicial decisions made by the Board of Architectural Review or the Planning Commission, following an open record hearing. Type 4 decisions may be appealed to the Hearing Examiner based on the record established by the Board of Architectural Review or Planning Commission, except 30 CC:\Legislative Development\Subdivision amendments strike-thru 12-1-20 JR:bjs Review and analysis by Barbara Saxton Page 25 of 26 Shoreline Conditional Use Permits, that are appealable to the State Shorelines Hearings Board pursuant to RCW 90.58. TYPE 4 DECISIONS TYPE OF PERMIT INITIAL DECISION MAKER APPEAL BODY (closed record appeal) Public Hearing Design Review (TMC Chapter 18.60) Board of Architectural Review Hearing Examiner Subdivision -– Preliminary Plat with an associated Design Review application (TMC Section 17.14.020) Planning Commission Hearing Examiner Subdivision Phasing Plan (for a subdivision with an associated Design Review) (TMC Section 17.14.040) Planning Commission Hearing Examiner Shoreline Conditional Use Permit (TMC Section 18.44.050) Planning Commission State Shorelines Hearings Board 5. TYPE 5 DECISIONS are quasi-judicial decisions made by the Hearing Examiner or City Council following an open record hearing. Type 5 decisions may be appealed only to Superior Court. TYPE 5 DECISIONS TYPE OF PERMIT INITIAL DECISION MAKER APPEAL BODY (closed record appeal) Planned Residential Development (PRD), including Major Modifications (TMC Chapter 18.46) City Council Superior Court Site specific rezone along with an accompanying Comprehensive Plan map change (TMC Chapter 18.84) City Council Superior Court Sensitive Critical Area Master Plan Overlay (TMC Section 18.45.160) City Council Superior Court Shoreline Environment Re-designation (Shoreline Master Program) City Council Superior Court Subdivision - Final Plat (TMC Section 17.12.030) City Council Superior Court Unclassified Use (TMC Chapter 18.66) City Council Superior Court 31 CC:\Legislative Development\Subdivision amendments strike-thru 12-1-20 JR:bjs Review and analysis by Barbara Saxton Page 26 of 26 Section 11. Repealer. Ordinance No. 2499 is hereby repealed. Section 12. Corrections by City Clerk or Code Reviser Authorized. 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. Section 13. 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 14. 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 ____________________, 2021. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attorney 32 City of Tukwila BOAR PLANNING COMMISSION (PC) PUBLIC HEARING MINUTES NOVEMBER 12, 2020 Date: November 12, 2020 Time: 6:30 PM - 10:45 PM Location: Virtual Meeting - Microsoft Teams Present: Chair Heidi Watters; Vice-Chair Louise Strander; Commissioners Dennis Martinez, Sharon Mann, Karen Simmons, Dixie Stark, and Andrea Reay Staff: Deputy Director Minnie Dhaliwal; Senior Planner Jaimie Reavis; Assistant Planner Meredith Sampson; Business Relations Manager Brandon Miles and Planning Commission Secretary Wynetta Bivens Adopt Minutes: Commissioner Strander moved to adopt the November 5, 2020 minutes. Commissioner Martinez seconded the motion. Motion passed. Commissioners Mann, Stark and Reay were absent on 11/5/20 and abstained from voting. CASE NUMBER: L20-0106 PURPOSE: Consider updates to subdivision procedures in Tukwila Municipal Code Title 17 (Subdivisions and Plats) and Title 18 (Zoning). LOCATION: City-wide. Jaimie Reavis, Senior Planner, Department of Community Development (DCD) gave the presentation for staff. The intent of the public hearing was to consider amendment to the subdivision regulation within the Tukwila Municipal Code and Title 17 for subdivisions and plats and Title 18 for zoning. Ms. Reavis provided background information on the subdivision process; explanation of why the code amendments are being proposed; gave an overview of the proposed changes and options; went over the approval process; as well as the proposed amendments and staff’s recommendations. She also answered several clarifying questions. PROPOSED AMENDMENTS / STAFF’S RECOMMENDATIONS 1. Modification of a preliminary approval This process is not currently in the code, the process would be added to modify a preliminary approval of any type of subdivision, after the preliminary approval and before final approval. STAFF’S RECOMMENDATION: The DCD Director makes the determination whether the modification is a minor or major modification and can require conditions to ensure conformance with the criteria. NOTED: The DCD Director will use proposed criteria in determining if the modification is minor. If the modification is determined to be major the applicant needs to apply for a new application. 2. Final plat approval STAFF’S RECOMMENDATION: The decision is made by the DCD Director. 3. Phasing of final approval STAFF’S RECOMMENDATION: The phasing plan be submitted and reviewed by the Hearing Examiner at the 33 Page 2 of 4 11/12/20 PC Minutes time of preliminary approval; after preliminary approval if it turns out that it is better to phase subdivisions staff is recommending that a modification to the preliminary plat be submitted and it be reviewed by the DCD Director. NOTE: Concern was expressed in having the Director review and approve phasing proposed after the preliminary approval has already been issued. There was discussion on how phasing proposed after preliminary approval should go back to the Hearing Examiner (or the Planning Commission if there was an associated design review). 4. Expiration and Extensions (language clean-up for expiration and phasing extensions) NOTE: Currently the existing code requires the first phase must be recorded within five years. Concern was expressed that if a subdivision is phased and does not meet the deadline another application needs to be submitted and the applicant must start over. STAFF’S RECOMMENDATION: The DCD Director may extend a preliminary plat for a project that has received phasing approval for up to three additional years, for a total maximum of eight years from the date of preliminary approval. NOTE: There was extensive discussion on this proposed amendment, the PC expressed concern that the recommended extension was not long enough. After multiple suggested amendments to staff’s recommendation, the PC added several more recommendation options in addition to staff’s recommendations. PUBLIC TESTIMONY Mike Pruett, for Segale Properties said that it is important for the PC to understand the whole pre-plat final plat process and that approximately 90% of the effort is in the pre-plat. He explained that it involves preparation of all sorts of different plans and infrastructure, not just the pre-plat plans. He said it is a time consuming and expensive process, and all subdivisions are not created equal. He said it will probably take 15 to 20 years to develop the 20 lots, and he would like the pre-plat to stay alive as long as possible. He said all the pre-plats will be built out under the current regulations, and all the public infrastructure that could change over time is already built. He also commented on the language and process for minor modifications. He said they are in favor of flexibility for the life of the pre-plat. Nicole DeLeon, Attorney, Cairncross and Hempleman, representing Segale Properties, went over the highlights of the comment letter submitted on behalf of Segale Properties. She stated what is driving Segale’s interest in this amendment is the amount of infrastructure, and work that goes in during the preliminary plat phase. She reiterated Mr. Pruett’s comment that 90% of the effort, such as planning, work, and infrastructure goes in during the preliminary plat phase. She said if the preliminary plat expires, you have done 90% of the work, expense, time, and investment and suddenly you are just out of luck. She said they are requesting flexibility, and it is critical to be granted flexibility for an extension up to 12 years on the extension approval process. She said if the extension is granted that there are certain guards that would prevent any concerns on the city’s part in granting the extension. She commented on the discussion pertaining to the department review process, and said she researched and found code TMC18.104.180, which states the review process is required by all departments. They are proposing their project is revised to a minor modification, as a Type 1 decision. She provided clarification on why they are focused on a 10-lot standard. She said that state law does allow for approval of a longer extension. In addition to the other revisions requested, she suggested that a provision for fewer lots be included to eliminate any ambiguity. There was no additional public testimony. Following are some of the clarifying questions raised by the PC. Commissioner Mann asked Mr. Pruett considering he said that most of the improvements are complete, what are their concerns with what staff is proposing? Mr. Pruett said through the initial pre-plats, he said the risk associated with providing a longer timeframe is small because the improvements are done. However, the pre-plat underlines all their future development plans that will expire over and over while they are building out the project over 15 to 20 years. 34 Page 3 of 4 11/12/20 PC Minutes Commissioner Martinez asked Ms. DeLeon if they were okay with staff’s language pertaining to the preliminary plat phasing approval? Ms. DeLeon said it captures the concept that they are comfortable with. Commissioner Stark asked staff how they came up with the recommended extension period of 3 years, considering the comment letter mentions a 12-year period. Staff said that the recommendation was based on review of other cities’ codes. Commissioner Stark asked whether staff had found a city that offers an extension greater than 3-years, staff noted that one example was found where a total of 11 years was allowed, with extensions provided in increments of two years. Commissioner Simmons asked how many of their current sub-plats are subject to expire? Mr. Pruett responded one. Commissioner Reay asked if a total of seven-years extension would be sufficient, or would additional years be more prudent? Mr. Pruett said they would need more years, and they would need to re-apply at least once, or multiple times before the project is complete. He said the longer timeframe the City approves the better. Commissioner Watters asked staff to clarify where the Tukwila South project is in the subdivision process. Staff noted that it is not clear why Tukwila South has been set up as such a large subdivision with future development tracts that will also need to be subdivided. Given that most of the infrastructure has been constructed, Commissioner Watters asked what would expire if the preliminary plat is not extended? She noted a balance between a developer having to continually resubmit new applications for preliminary plat approval, and having development be subject to things like environmental regulations that get updated, since we want to use best available science and fulfill the City Council’s vision for the City. Mr. Pruett said they need additional flexibility for the length of time a preliminary plat can stay alive. Commissioner Stander asked Ms. DeLeon to provide clarification on the language in the comment letter regarding item #6 on page 2. Ms. DeLeon said they are asking for a revision to the modification criteria to allow a proposal to modify conditions of the original preliminary plat approval to qualify as a minor modification. Commissioner Strander asked clarifying questions about the proposed 12-year timeframe, and whether it provides the flexibility for the decision-maker to determine how much time the extension would be provided for, up to 12 years. Ms. DeLeon said that the Director under the various criteria could reduce the amount of time of the extension to be less than the maximum allowable. Commissioner Martinez inquired whether the City Attorney reviewed the comment letter. Staff confirmed the City Attorney reviewed the letter and staff’s recommendations and agreed with staff’s recommendations. The City Attorney felt they met the balance of providing flexibility without the vesting period being a concern. Therefore, the City Attorney did not feel any additional changes to staff’s recommendations were necessary. DELIBERATIONS Request: Commissioner Stander requested to add the proposed revision to the minor modification #1 language as listed in the comment letter. Note: (motion #1, first bullet) Request: Commissioner Stander requested to add the proposed revision to the minor modification #6 language, as listed in the comment letter. Note: (motion #1, second bullet) Request: Commissioner Mann requested that a statement is included under minor modifications that all departments (Planning, Building, PW, and Fire) must be part of the review process. Note: (motion #1, third bullet) Commissioner Watters said the proposed amendments are a good addition, and she agrees with the City Attorney and staff, as recommended. MOTIONS 1. Modification of a preliminary approval Commissioner Mann moved to approve and forward to the City Council with the additional modification language in bullets 1-3. 35 Page 4 of 4 11/12/20 PC Minutes • Minor modifications do not increase the number of lots in the subdivision beyond the number previously approved or which maintain the number of lots or decrease the number of lots in the subdivision below the number previously approved’. • Minor modifications are consistent with the conditions of the preliminary approval, provided that a minor modification may revise conditions of the preliminary approval so long as the revisions are consistent with the minor modification limitations set by TMC 17.14.020.E.1-5. • All departments must be part of the minor modification review process (Planning, Building, PW, and Fire). Commissioner Stark seconded the motion. Motion Passed. Commissioners Watters and Simmons opposed. 2. Final plat approval Commissioner Mann moved to approve and forward to the City Council as recommended by staff, Option A. Commissioner Watters seconded the motion. Motion passed. Commissioner Martinez opposed. 3. Phasing of final approval Commissioner Watters moved to approve and forward to the City Council as recommended by staff. Commissioner Simmons seconded the motion. Motion failed. Commissioners Martinez, Strander, Mann, and Stark opposed. Commissioner Mann moved to approve and forward to the City Council, Option B as listed in the staff report, for approval by Hearing Examiner or Planning Commission. Commissioner Martinez seconded the motion. Motion passed. Commissioners Watters, Simmons, and Reay opposed. Chair Watters called for a two-minute recess. 4. Expiration and extensions (language clean-up for expiration and phasing extensions) The PC asked staff to type and show on the screen their proposed language of several revised options of recommendations in addition to staff’s recommendations, and then they voted on the options. Commissioner Strander moved to approve and forward to the City Council the following recommendation as amended, The DCD Director may extend a preliminary plat that has up to 2 phases three additional years beyond the period provided in TMC 17.14.050, A. For plats that have more than 2 phases approved as part of the preliminary plat the DCD Director may extend a preliminary plat for a total of 9 years with the first extension of 3 years and two subsequent extensions of three years each. In no case shall the total time between the date of preliminary approval and the date of recording of the final phase of a phased development exceed 14 years. Commissioner Stark seconded the motion. Motion passed. Commissioners Simmons and Watters opposed. The public hearing was closed. • The briefing on the housing plan was continued to December 10th. Adjourned: 10:45 p.m. Submitted by: Wynetta Bivens Planning Commission Secretary 36 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 37 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.    238 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.    3 39 440 4 Ta b l e   1 .   S u m m a r y   o f   R e c o m m e n d e d   C h a n g e s   ( h i g h l i g h t e d   i n   b l u e )   *Ty p e   1 =  D i r e c t o r   ( p u b l i c   n o t i c e   n o t   r e qu i r e d   f o r   T y p e   1   d e c i s i o n s ,   a p pe a l   i s   c l o s e d ‐ r e c o r d   a p p e al   t o   H e a r i n g   E x a m i n e r ) ,   Ty p e   2 =  D i r e c t o r   ( a p p e a l   i s   o p e n   r ec o r d   a p p e a l   t o   t h e   H e a r i n g   Ex a m i n e r   o r   B o a r d   o f   A rc h i t e c t u r a l   R e v i e w ) ;   Ty p e   3 =  H e a r i n g   E x a m i n e r ;   Ty p e   4 =P l a n n i n g   C o m m i s s i o n / B A R ;   Ty p e   5  =   C i t y   C o u n c i l   Su b d i v i s i o n   Ap p l i c a t i o n   Na m e   Ex i s t i n g   P r o c e s s e s     Re c o m m e n d e d   F i n a l   A p p r o v a l   De c i s i o n   Ty p e *     Ex p i r a t i o n   –       Pr e l i m i n a r y   Ap p r o v a l   Pr e l i m i n a r y   Ap p r o v a l   De c i s i o n   (T y p e * )   Re q u i r e d   P u b l i c   No t i f i c a t i o n /   Pu b l i c   H e a r i n g        F i n a l   Ap p r o v a l   (T y p e * )   Su b d i v i s i o n s   ( 1 0 +   Lo t s )    He a r i n g   E x a m i n e r     (T y p e   3 )   OR    Pl a n n i n g   Co m m i s s i o n   i f   de s i g n   r e v i e w   is   r e q u i r e d   (T y p e   4 )    Pu b l i c   H e a r i n g   h e l d   fo r   b o t h   pr e l i m i n a r y   ap p r o v a l   a n d   f i n a l   ap p r o v a l   s t a g e .      He a r i n g   a t   f i n a l   ap p r o v a l   s t a g e   n o t   re q u i r e d   b y   s t a t e   la w .   Ci t y   Co u n c i l   (T y p e   5 )   Di r e c t o r   ( T y p e   2 )     OR   He a r i n g   E x a m i n e r   ( T y p e   3 )   o r   Pl a n n i n g   C o m m i s s i o n   ( T y p e   4 )   Ex i s t i n g :   5   y e a r s     (p l u s   1   a d d i t i o n a l   y e a r   u p o n   w r i t t e n   re q u e s t )    Pr o p o s e d :   N o   c h a n g e   Ph a s i n g   o f   a   su b d i v i s i o n    He a r i n g   Ex a m i n e r   ( T y p e   3)   OR    Pl a n n i n g   Co m m i s s i o n   i f   de s i g n   r e v i e w   is   r e q u i r e d   (T y p e   4 )   Ex i s t i n g   n o t i c e   i s   d o n e   as   p a r t   o f   n o t i c e   o f   C i t y   Co u n c i l   m e e t i n g .   Pr o p o s e d   n o t i c e   w o u l d   be   p e r   r e q u i r e d   n o t i c e   fo r   T y p e   2   d e c i s i o n s   (T M C   1 8 . 1 0 4 ) .   Ci t y   Co u n c i l   (T y p e   5 )    He a r i n g   E x a m i n e r   ( T y p e   3) / P l a n n i n g     C o m m i s s i o n   ( T y p e   4 )   at   t i m e   o f   P r e l i m in a r y   A p p r o v a l .     If   p r o p o s e d   o r   m o d i f i e d   a f t e r   Pr e l i m i n a r y   A p p r o v a l ,   r e v i e w e d   th r o u g h   a n   a p p l i c a t i o n   f o r   a   mo d i f i c a t i o n   o f   t h e   P r e l i m i n a r y   Pl a t   ( s e e   b e l o w ) .   ( T y p e   2 )   Ex i s t i n g :   A l l   p h a s e s   m u s t   b e   re c o r d e d   w i t h i n   t h e   5 ‐ y e a r   t i m e   li m i t   a s s o c i a t e d   w i t h   P r e l i m i n a r y   Pl a t   Pr o p o s e d :     F i r s t   p h a s e   m u s t   b e   re c o r d e d   w i t h i n   5   y e a r s ;   su b s e q u e n t   p h a s e s   c a n   r e c e i v e   a n   ex t e n s i o n   o f   u p   t o   3   y e a r s .   Mo d i f i c a t i o n   o f   Pr e l i m i n a r y   Ap p r o v a l /   Pr e l i m i n a r y   P l a t   (M i n o r )   Di r e c t o r   (T y p e   2 )      .  Pe r   r e q u i r e d   n o t i c e   f o r   Ty p e   2   d e c i s i o n s   ( T M C   18 . 1 0 4 )   N/ A   N/ A   Pr o p o s e d :   R e t a i n s   o r i g i n a l   pr e l i m i n a r y   a p p r o v a l   e x p i r a t i o n .   Mo d i f i c a t i o n   o f   Pr e l i m i n a r y   Ap p r o v a l /   Pr e l i m i n a r y   P l a t   (M a j o r )   Re q u i r e s   s u b m i t t a l   of   a   n e w   ap p l i c a t i o n   f o r   t h e   su b d i v i s i o n           5 41 6 4 2 5 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 43 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.   844 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.  9 45 1046 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) 11 47 48 {04104265.DOCX;3 } nrogers@cairncross.com direct: (206) 254-4417 November 10, 2020 VIA EMAIL Planning Commission, City of Tukwila c/o Jaimie Reavis 6200 Southcenter Blvd. Tukwila, WA 98188 Email: Jaimie.Reavis@TukwilaWA.gov Re: Written Comments in Support of Additional Amendments to Title 17 and Title 18 Planning Commission Meeting, November 12, 2020 Dear Planning Commissioners: On behalf of Segale Properties LLC (“Segale”), we write to support the proposed amendments to provisions governing subdivisions in the Tukwila Municipal Code (“Code” or “TMC”). Segale agrees with City Staff’s comments explaining the need to amend the Code to provide clarity and flexibility to the City’s subdivision entitlement process. We also recommend a few additional revisions to City Staff’s proposed approaches regarding plat modifications and the term of a phased plat, as detailed below. We request the Planning Commission recommend City Staff’s proposal, with our revisions incorporated, to City Council. Our suggested revisions to the language used in the Staff Report are shown with new text in underline format and deleted text shown in strikethrough format, followed by our rationale for the revisions in italics. Process to allow a Modification of Preliminary Approval/Preliminary Plat  Minor modifications proposed by an applicant after Preliminary Approval may be approved by the DCD Director as an administrative Type 2 1 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 or which maintain the number of lots, or decrease the number of lots in the subdivision below the number previously approved; 49 Planning Commission November 10, 2020 Page 2 {04104265.DOCX;3 } (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, provided that a minor modification may revise conditions of the preliminary approval so long as the revisions are consistent with the minor modification limitations set by TMC 17.14.020.E.1-5 above.  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. Rationale: We recommend a minor modification be processed as a Type 1 decision, not a Type 2 decision. The Type 1 categorization for a minor modification is consistent with other examples of Type 1 decisions in the Code. See TMC 18.104.010. Examples of other Type 1 decisions are minor modifications to design review approvals and minor modifications to a Planned Residential Development (“PRD”). Type 1 decisions are generally made by the DCD Director and subject to a closed record appeal before the Hearing Examiner. Type 2 decisions are generally made by the DCD Director and subject to an open record appeal before the Hearing Examiner. Examples of a Type 2 decision are administrative design review, code interpretations, modification to development standards, and short plats. Type 2 decisions are, therefore, clearly intended for more complex entitlement issues whereas the framework for Type 1 decisions is proportionate to the scale of a minor modification. Next, we recommend inserting language to clarify that while a minor modification cannot increase the number of planned lots, a minor modification may either retain or decrease the number of lots in a plat. This flexibility is appropriate and the Subsection 5 requirement that minor modifications be consistent with applicable development standards guards against any other concerns. We also recommend adding language to clarify that a minor modification may revise a condition of a preliminary plat approval, but only so long as it is consistent with the limitations set by the preceding subsections. For example, plat conditions typically set a specific amount of open space. Pursuant to Subsection 2, a minor modification may change the amount of open space so long as the change is by less than 10%. Therefore, the minor modification may change the related plat condition, 50 Planning Commission November 10, 2020 Page 3 {04104265.DOCX;3 } but only within the stated 10% limit. We think this was City Staff’s intent, but suggest adding the proposed language to clarify. Subdivision Preliminary Plat Expiration Option 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 seven 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 12 years. Rationale: We recommend revisions to allow the City to grant extensions to a preliminary plat for up to 12 years, rather than the City Staff proposal for just eight years. Twelve years provides larger projects, like Segale’s Tukwila South project, the needed certainty to develop large and complex projects over a longer period of time. We support the City Staff’s recommended criteria for discretionary approval of such an extension and note that these criteria and the City’s discretionary authority guard against potential issues that could arise in the course of an extended term. For example, an extension may only be granted if it “will not cause substantial detriment to existing uses in the immediate vicinity of the subject property or to the community as a whole.” See Criterion 4. Through these criteria, the City retains broad discretionary authority to grant, or not grant, an extension. The request to make available the possibility of securing up to four additional years for the life of a complex phased preliminary plat provides significant benefits to large scale projects, which is balanced by the discretionary nature of the extension process. Conclusion and Request for Support of these Amendments to Title 17 and 18 Segale supports this proposed update to the City’s subdivision process and urges the Planning Commission to recommend City Staff’s proposal to City Council, together with the additional minor revisions requested in this letter. We also appreciate the opportunity to engage on these important issues with City Staff and we will continue to participate and make ourselves available to assist with this effort. Thank you in advance for your time and consideration and we look forward to our continued work together. Very truly yours, Nancy Bainbridge Rogers 51 52 Page 1 of 3 M E M O R A N D U M DATE:December 1, 2020 TO:City of Tukwila Planning & Economic Development Committee FROM: Assistant City Attorney Emily Miner CC:Mayor Allan Ekberg Community Development Director Jack Pace RE:Updates to Subdivision Code I. Background City staff have proposed amendments to Title 17 of the Tukwila Municipal Code that are intended to address approval procedures for subdivisions. City staff’s recommendations include: (1) amending the code to have the Community Development Director approve final plats, (2) allowing an extension period up to three years, (3) establishing a preliminary plat modification process, and (4) revising the subdivision phasing procedure approval. The City Attorney’s Office was asked by the Planning and Economic Development Committee at their October 19, 2020 meeting to explain the legal justification for these amendments. II. Discussion Chapter 58.17 RCW sets out the procedures related to the subdivision of land. In the purpose section, the state legislature finds as follows: “the process by which land is divided is a matter of state concern and should be administered in a uniform manner by cities, towns, and counties throughout the state.” RCW 58.17.010. In other words, the City’s subdivision process should mirror the process established by state law as closely as possible to ensure uniformity in the subdivision of land. The key statutory provisions at issue are RCW 58.17.100 and RCW 58.17.140 regarding the time limitations and decisionmakers for approval of preliminary and final plats. Additionally, the statute is silent with regards to modifications of preliminary plats and phasing of plats; however, local jurisdictions have authority to establish processes by which a preliminary plat can be modified or phased.1 1 The State constitution allows cities to exercise all the police powers possessed by the state government so long as local regulations do not conflict with general laws. WASH. CONST. art. XI, § 11. 53 Page 2 of 3 A. Extensions for Phased Subdivision Approval. RCW 58.17.140 establishes the time limitation for approval of final plats. For all preliminary plats filed after January 1, 2015, a final plat shall be submitted for approval within five years from the date of the preliminary plat approval.2 The statute goes to on state that nothing prohibits a city from adopting an ordinance that allows extensions of time that may contain additional or altered conditions or requirements. RCW 58.17.140. Accordingly, cities are free to establish their own extension periods. The City’s current code is silent with regards to an extension period for phased subdivisions but does permit a one-year extension for preliminary plats. TMC 17.14.050(B). City staff’s recommendation is to amend the extension period to three years, and in no case would the total time between the preliminary plat approval and the date of the final plat recording exceed eight years. The Planning Commission proposed a different recommendation. Their recommendation turns on how many phases the applicant has proposed: if the applicant proposes two phases, the applicant could seek a three year extension; if the applicant proposes three or more phases, the applicant could seek to a combination of extensions not to exceed 14 years. The additional time for the extension period recommended by Staff is reasonable, given the reasons outlined in their staff memo; however, the City Attorney’s Office does not recommend the longer timelines for extension proposed by the Planning Commission as they far exceed the initial approval timelines that state law establishes. Further, such recommendation does not serve the purpose of uniformity as set out by the State Legislature. B. Phasing Plan Approval As noted above, cities have discretion to establish their own phasing procedures. The City’s current code states that phasing must be approved by City Council at the time at which a final plat for the first phase is submitted. TMC 17.14.040. This does not account for the possibility to amend the phasing plan or to propose a phasing plan after a preliminary plat has been approved. The City Attorney’s Office supports the recommendation that amendments to a phasing plan already approved can be reviewed under the proposed plat modification procedure while phasing proposed after a preliminary plat has been approved requires a new plat application. This amendment supports the goal of streamlining and clarifying the City’s subdivision procedures. C. Administrative Final Plat Approval RCW 58.17.100 permits “the legislative authorities of cities…[to]…delegate…[via ordinance]…final plat approval to an established planning commission or agency, or to such other administrative personnel in accordance with state law or local charter.” This change was made in 2017 when the legislature acknowledged that by the time a preliminary plat reaches the final plat approval stage, all building and environmental issues are resolved. As there are no outstanding issues to resolve, there is no need for further discretionary review by a legislative body. The City’s current code states that a final plat approval 2 Per RCW 58.17.140, if a plat was submitted prior to December 31, 2014, the final approval timeline is seven years, and if submitted prior to December 31, 2007, the approval timeline is ten years. To our knowledge, there are no plats in Tukwila that fall into these longer exceptions. 54 Page 3 of 3 is subject to a Type 5 decision by City Council. Staff’s recommendation is to revise this code requirement so that the final plat approval is made by the Community Development Director, and the City Attorney’s Office supports this recommendation. D. Plat Modification Process There are no procedures for modifications to a preliminary plat established in state law and the City’s current code contains no plat modification procedures. However, from a practical standpoint, it is important for the City to have procedures in place to address requests to modify a preliminary plat. Without a process to amend a preliminary plat for minor modifications, the applicant is required to withdraw their application and re-apply. This resubmittal process is time intensive and resource consuming for both the applicant and the City. Establishing a process to determine what types of modifications are permitted creates a framework for City staff to analyze whether the modification is “minor” and can be approved administratively or is “major” and requires a new application. The City Attorney’s Office supports the recommended change, along with the Planning Commission’s minor revision to ensure other departments have an opportunity to review the proposed modification. EFM:efm 55 56 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Planning and Economic Development Committee FROM: Brandon Miles, Business Relations Manager CC: Mayor Ekberg DATE: December 1, 2020 SUBJECT: Seattle Southside Regional Tourism Authority, Return on Investment ISSUE Presentation on the return of investment reported by Seattle Southside Regional Tourism Authority (SSRTA). BACKGROUND At a previous City Council meeting there was interest in the return of investment reported by SSRTA, specifically as to how it would relate as the City develops key performance indicators for Experience Tukwila and how it was calculated. Staff requested that SSRTA provide a write up to the City Council with information on its return on investment (see attached). Staff has not conducted a detailed review or analysis of the information presented by SSRTA and is providing it to the Council as presented by SSRTA. FINANCIAL IMPACT N/A RECOMMENDATION Discussion only. ATTACHMENTS  Estimated 2019 RTA Return on Investment (document prepared by SSRTA). 57 58   Estimated 2019 RTA Return on Investment    Notes regarding ROI:   The RTA influences much more return on investment than what is calculated below, however,  some fundamental work of any marketing organization (public relations, social media, some  advertising, brand awareness , etc.) cannot be tracked and tied directly to spend without  conducting conversion studies. Issuing conversion studies for every activity would be cost  prohibitive and therefore the RTA is strategic about which studies are conducted.   The RTA adheres to the industry standards for calculating ROI established by the national  association for DMOs, Destinations International. In addition, the RTA includes in its ROI  calculation only spending as measured at the destination level, not a national average.   The RTA invests in multiple research firms to conduct studies on evaluating spend in Seattle  Southside. This data is compared and analyzed internally, and the most conservative results are  used in the below calculations.   ROI CALCULATION  VISITOR SPEND   1) Website: 540,182 unique users' x 28% conversion = 151,251 travel party x  $1,039 trip average spend =    $     157,149,789   2) Group Sales: 10,774 room nights x $438 average daily spend =     $         4,719,012   3) Ad Attributed Hotel Sales: 34,223 room nights x $438 average daily spend =    $       14,989,674   4) Shuttle Services: 24,619 riders x $172 average =    $         4,234,468     $     181,092,943     Total Estimated Visitor Spend = $181,092,943 / 2019 RTA Total Operating  Expenditures* $4,325,719 =  $                 41.86     1. WEBSITE  (A) 540,182 unique users x (B) 28% conversion = (C) 151,251 travel party x (D) $1,039 trip average  spend = $157,149,789 visitor spend  A. The number of unique users is derived from Google Analytics tracking of our website. This  means that 540,182 different people (differentiated by their IP Address) visited our website in  2019.  B. The 28% website conversion rate was determined by an H2R Market Research study conducted  in 2019 (see H2R Market Research, page 4). H2R surveyed people who visited our website to  59 determine the number that actually booked a stay in Seattle Southside which establishes this  conversion rate.  C. 28% of the unique users equals 151,251 overnight trips to Seattle Southside. From Dean Runyan  Research, the average overnight trip includes 2.1 people (aka. travel party) so we can determine  that one person visiting the website (unique user) represents a travel party (see Seattle  Southside Travel Impacts, page 5).  D. From Dean Runyan Research, the average travel party that visits Seattle Southside spends  $1,039 per trip (see Seattle Southside Travel Impacts, page 5). Dean Runyan Research analyzes  multiple data sources to determine these estimates, including WA State Dept of Revenue  lodging tax data, sales tax receipts, etc. We use the ‘trip average’ instead of the ‘daily rate’  spend because the 28% conversion rate reports that the unique user booked an overnight trip,  not simply one night in a hotel.  2. GROUP SALES  (A) 10,774 room nights x (B) $438 average daily spend = $4,719,012 visitor spend  A. Based on reports from host hotels and meeting planners, 10,774 projected rooms occurred in  2019 for events the RTA supported through lead generation or event assistance.    B. Dean Runyan Research reports that $438 is spent per day by a travel party staying overnight  (the average overnight room includes 2.1 people, aka. “travel party”, also according to Dean  Runyan Research (see Seattle Southside Travel Impacts, page 5).  3. AD ATTRIBUTED HOTEL SALES  (A) 34,223 room nights x (B) $438 average daily spend = $14,989,674 visitor spend  A. A marketing campaign conducted with digital advertising media partners in 2019 resulted in  34,223 room nights booked as a direct and trackable result of the campaign.  B. Dean Runyan Research reports that $438 is spent per day by a travel party staying overnight  (the average overnight room includes 2.1 people, aka. “travel party”, also according to Dean  Runyan Research (see Seattle Southside Travel Impacts, page 5).  4. SHUTTLE SERVICES  (A) 24,619 riders x (B) $172 average = $4,234,468 visitor spend  A. The Westfield Shuttle service provider tracks ridership and reported 24,619 riders in 2019.  B. According to the Shuttle Bus Economic Impact Study conducted through shuttle rider surveys by H2R  Research, the average rider spends $172 per trip to Westfield Southcenter (see Shuttle Bus Impact Study,  page 4).       *Actual expenses shown on Audited Statement of Activities, which includes depreciation and other reported expenses such as  compensated absences. In addition, it excludes capital expenditures but reported on Statement of Net Position  60 H2R Market Research Reveal Your Customer’s Full Experience 2018-2019 Digital Media Conversion Study Seattle Southside RTA Delivered August 2019 6 1 2 Overview Executive Summary Purpose. The purpose of the Seattle Southside RTA 2018/2019 Digital Media Conversion Study was to measure the conversion rate of website visitors who booked an overnight trip to the area, as well as identify motives for website visitation and what Seattle Southside visitors do while visiting the area. Target Audience. The Seattle Southside RTA Digital Media Conversion Study survey was conducted among website visitors who visited www.seattlesouthside.com over the past 12 months. Sample. A total of 235 respondents both visited the website and were subsequently interviewed for this study which provides for a maximum margin of error of +/-6.4% at a 95% confidence interval. 6 2 Executive Summary 2018-2019 Digital Media Conversion Study 6 3 4 ▪A majority (72%) of the Seattle Southside website visitors had already decided to make a trip to the area when they visited the website—a 4-point increase over 2015/2016. Most of these website visitors were looking for activities to do in the area (80%, +24 pts), dining options (55%) and/or events and festivals (52%). ▪More than 8 in 10 website visitors feel the Seattle Southside website is a good/great website that is somewhat/very easy to navigate—on par with the 86% who said the same in 2015/2016. ▪The Seattle Southside website earned a conversion rate of 28%. That is, 28% of website visitors who visited the Seattle Southside website ultimately ended up booking an overnight trip to the area afterwards. In 2015/2016 the conversion rate was 34%, or 6 points higher than this year. ▪Website visitors indicated their experience online impacted them in several ways. Nearly half (47%) indicated their visit to the website persuaded them to visit attractions or restaurants they had not planned to visit, 20% said they visited Seattle Southside instead of another destination and 15% said their experience on the website persuaded them to stay longer in the area than they planned. Website Generates Positive Results 4 6 4 5 ▪More than 9 in 10 Seattle Southside visitors* spent the night in the area on their most recent trip (+2 pts). And, the average length of stay among Seattle Southside visitors* was 3.8 nights—an increase over 2015/2016’s length of stay at 3.7 nights. ▪Most Seattle Southside visitors indicated they were visiting the area for vacation/leisure purposes (58%), and the majority reported staying in hotels (69%). The average converted visitor participates in a variety of area activities including the Space Needle (12%) and Pike Place Market (10%). ▪In a shift from 2015/2016, most converted visitors this year were under the age of 55 and were significantly more likely to be families with children (+26 pts). ▪Nearly three-quarters of non-visitors** indicated they are Seattle Southside prospects, or “considerers,” who are somewhat/very likely to visit the area in the next six months. These respondents, however, have not yet booked a trip and fewer than half (43%) said they had considered it in the past. Visitor Composition Changes 5*Website visitors who booked an overnight stay**Website visitors who did not book an overnight stay 6 5 Reveal Your Customer’s Full Experience Thank You! Springfield | Branson | Bentonville | Kansas City www.h2rmarketresearch.com | 417.877.7808 @H2RMktResearch 6 6 SEATTLE SOUTHSIDE Travel Impacts, 2003-2019p May 2020 67 SEATTLE SOUTHSIDE TRAVEL IMPACTS, 2003-2019P TUKWILA, SEATAC, & DES MOINES Prepared for the Seattle Southside Regional Tourism Authority 3100 S. 176th Street Seattle, Washington 98188 Prepared by Dean Runyan Associates, Inc. 833 S.W. Eleventh Avenue, Suite 920 Portland, Oregon 97205 (503) 226-2973 www.deanrunyan.com May 2020 68 DEAN RUNYAN ASSOCIATES PAGE 1 SEATTLE SOUTHSIDE TRAVEL IMPACTS, 2003-2019P TUKWILA, SEATAC & DES MOINES This study, prepared for Seattle Southside Regional Tourism Authority, documents the economic significance of the travel industry in the Seattle Southside area of King County from 2003 through 2019. The estimates for 2019 are preliminary. The separate estimates for Tukwila, SeaTac and Des Moines are reported at a summary level for 2019 only. Overnight visitor volume estimates and average spending estimates for the larger Seattle Southside are also provided in this report. REPORT CONTENTS The main body of this report contains five sections: • Seattle Southside Travel Trends (annual estimates of economic impacts and lodging sales for the larger Seattle Southside) • Travel Impacts in Des Moines, SeaTac and Tukwila (summary estimates for 2019p, only) • Visitor Volume (major trends and characteristics) • Detailed Spending and Visitor Volume Tables • Detailed Impact Tables The report also contains appendices that provide an overview of methodology and definitions of terms and concepts. INTERPRETATION OF IMPACT ESTIMATES Users of this report should be aware of the following with respect to the interpretation of these estimates: • All monetary estimates in this report are expressed in current dollars. There is no adjustment for inflation. • Sub-county estimates such as contained in this report are necessarily less reliable than county and state level estimates because of data limitations. Nonetheless, these estimates were generally prepared with the same methodology used to estimate county and state level travel impacts and visitor volume. 69 DEAN RUNYAN ASSOCIATES PAGE 2 $0 $50 $100 $150 $200 $250 $300 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 Lo d g i n g S a l e s ( M i l l i o n s ) SEATTLE SOUTHSIDE TRAVEL TRENDS Travel spending in the Seattle Southside increased by 2.3 percent from 2018 to 2019p. Travel-generated earnings and tax receipts also increased. This was the tenth consecutive year of growth in the Seattle Southside travel industry. Spending Earnings Employment ($Millions) ($Millions)Local State Total 2003 395.9 124.3 4,480 15.3 21.4 36.7 2004 422.5 130.2 4,540 16.2 22.7 38.9 2005 461.4 141.9 4,790 17.8 24.5 42.3 2006 486.9 146.8 4,720 22.7 25.6 48.3 2007 528.0 157.7 4,880 25.2 27.7 52.9 2008 532.3 158.0 4,810 25.7 27.6 53.3 2009 463.9 149.5 4,530 22.7 24.9 47.6 2010 473.5 147.6 4,350 22.7 25.1 47.9 2011 504.9 149.8 4,340 24.0 26.4 50.4 2012 537.5 157.2 4,460 25.7 28.2 53.9 2013 564.6 169.2 4,640 27.3 29.7 57.0 2014 620.5 184.5 4,840 30.3 32.5 62.8 2015 665.0 194.7 4,870 33.3 35.1 68.3 2016 690.5 203.2 4,910 34.9 36.9 71.8 2017 721.2 211.8 4,950 36.5 38.6 75.1 2018 770.3 230.0 5,120 38.5 40.8 79.2 2019p 787.9 240.3 5,110 39.1 41.8 80.9 Annual Percentage Change 17-19p 2.3 4.5 -0.2 1.6 2.5 2.1 03-19p 4.4 4.2 0.8 6.0 4.3 5.1 Seattle Southside Travel Trends Tax Receipts ($Millions) Seattle Southside Lodging Sales Lodging sales (in current dollars) were $281.6 million in 2019 (preliminary), an increase of 0.2 percent over 2018. Source: Washington State Department of Revenue. Lodging sales calculated from 1% Additional Hotel/Motel tax for Des Moines, SeaTac and Tukwila. 70 DEAN RUNYAN ASSOCIATES PAGE 3 Des Moines, $10.9 SeaTac, $186.8 Tukwila, $83.4 TRAVEL IMPACTS IN DES MOINES, SEATAC AND TUKWILA The preliminary 2019 impact estimates for the three cities within the Seattle Southside are shown below. Lodging sales are shown in the pie chart. In general, these estimates are a function of lodging sales, the number of private homes for visiting friends and relati ves, and the volume of sales in other types of establishments that serve visitors (e.g., restaurants, entertainment and retail). (Note: These small area estimates are necessarily less reliable than the estimates for the larger Seattle Southside due to data limitations.) Travel Tax Receipts Spending Earnings Employment Local State Total ($Million)($Million)(jobs)($Million)($Million)($Million) Des Moines 49.4 15.7 330 2.5 2.6 5.1 SeaTac 311.0 101.5 2,130 15.4 16.5 31.9 Tukwila 427.5 123.1 2,650 21.2 22.7 43.9 Seattle Southside 787.9 240.3 5,110 39.1 41.8 80.9 Travel Impacts within Seattle Southside, 2019p Lodging Sales within Seattle Southside 2019p Source: Washington State Department of Revenue. Lodging sales calculated from 1% Additional Hotel/Motel tax for Des Moines, SeaTac and Tukwila. Although Tukwila has the greatest estimated visitor spending, SeaTac has 66 percent of all lodging sales. However, its share of visitor-related sales in food services, entertainment and retail is comparatively smaller. 71 DEAN RUNYAN ASSOCIATES PAGE 4 3.0 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 4.0 4.1 4.2 03 05 07 09 11 13 15 17 19p Vi s i t o r N i g h t s ( M i l l i o n s ) 0%20%40%60%80%100% Washington State King County Seattle Southside 4.0 4.5 5.0 5.5 6.0 6.5 7.0 7.5 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 p Vi s i t o r A r r i v a l s ( M i l l i o n s ) VISITOR VOLUME All Overnight Person-Nights Hotel/Motel/STVR Visitor-Nights, 2019p (Percentage of All Overnight) Visitor Air Arrivals at SeaTac International Airport Domestic Flights The estimate of all overnight visitor-nights (the number of nights that all individual visitors stayed in the Seattle Southside) is shown in the top line chart. The overall trend in visitor volume corresponds to the trends in travel spending and related impacts shown previously. In 2019p volume increased about 1.5 percent. More than eighty percent of all visitor nights in the Seattle Southside are attributable to Hotel/Motel/Rented Home stays. This percentage is much greater than for King County and Washington State. (See bar chart to left. STVR are short term rental homes subject to lodging tax.) Visitor air arrivals (domestic only) to SeaTac airport have also increased for the tenth year in a row. (Note: Visitor air arrivals do not include return flights that were initiated at SeaTac, nor passengers making connecting flights.) Source: U.S. Department of Transportation Airline Origin and Destination survey. 72 DEAN RUNYAN ASSOCIATES PAGE 5 DETAILED SPENDING AND VISITOR VOLUME TABLES The following three tables are inter-related. The first, Visitor Spending by Type of Traveler Accommodation, reports the total annual spending estimates for each type of visitor. The second, Average Expenditures for Overnight Visitors, reports the average daily and average trip expenditures for each type of visitor for 2019p. The third table, Overnight Visitor Volume, reports annual visitor volume for each type of visitor. Volume is broken out in terms of trips and nights and visitors (persons) and travel parties. In general, multiplication of an average spending numbers with the appropriate volume number will yield the annual total spending number for that type of visitor. (See appendix B.) Day travel represents less than four percent of all visitor spending in the Seattle Southside ($2.5 million in 2019p). Due to data limitations, reliable estimates of visi tor volume and average expenditures cannot be reported for day travel. 2010 2012 2014 2015 2016 2017 2018 2019p All Overnight 447.1 506.9 588.4 634.1 659.3 688.0 734.4 751.1 Hotel, Motel, STVR* 431.3 489.5 570.2 615.9 640.6 668.7 714.2 730.4 Other Overnight 15.8 17.4 18.2 18.2 18.7 19.2 20.2 20.7 Day Travel 18.9 21.5 23.7 24.4 25.0 25.9 27.5 28.4 Spending at Destination 466.0 528.4 612.1 658.5 684.3 713.9 761.9 779.5 Note: Destination spending does not include ground transportation expenditures for travel to other Washington destinations. STVR stands for short term vacation rentals or rented homes subject to lodging tax. Visitor Spending by Type of Traveler Accommodation ($Million), 2010-2019p Party Length of Day Trip Day Trip Size Stay (nights) Hotel, Motel, STVR $438 $1,039 $208 $487 2.1 2.4 Other Overnight $148 $427 $56 $163 2.6 2.9 All Overnight $389 $968 $183 $451 2.2 2.4 Travel Party Visitor (Person) Average Expenditures for Overnight Visitors, 2019p 2017 2018 2019p 2017 2018 2019p Hotel, Motel, STVR 3,339 3,454 3,515 1,576 1,640 1,666 Other Overnight 575 588 590 256 262 263 All Overnight 3,914 4,043 4,105 1,832 1,902 1,929 2017 2018 2019p 2017 2018 2019p Hotel, Motel, STVR 1,425 1,474 1,500 665 691 703 Other Overnight 160 164 164 71 73 73 All Overnight 1,585 1,638 1,664 736 764 776 Visitor-Trips (000)Party-Trips (000) Overnight Visitor Volume, 2017-2019p Visitor-Nights (000)Party-Nights (000) 73 DEAN RUNYAN ASSOCIATES PAGE 6 DETAILED IMPACT TABLES The following table shows spending estimates for all categories of visitors, including day travel, earnings and employment estimates by industry sector, and travel-generated tax receipts.1 2010 2012 2014 2015 2016 2017 2018 2019p Total Direct Travel Spending ($Million) Destination Spending 466.0 528.4 612.1 658.5 684.3 713.9 761.9 779.5 Other Travel*7.5 9.1 8.4 6.5 6.2 7.3 8.4 8.4 Total Direct Spending 473.5 537.5 620.5 665.0 690.5 721.2 770.3 787.9 Visitor Spending by Commodity Purchased ($Million) Accommodations 158.4 178.5 219.9 250.1 262.8 275.7 294.9 295.9 Food Service 130.0 149.2 171.1 183.8 192.7 201.7 216.6 228.0 Retail, Entertainment & Local Transport 177.6 200.7 221.1 224.6 228.8 236.5 250.4 255.7 Destination Spending 466.0 528.4 612.1 658.5 684.3 713.9 761.9 779.5 Industry Earnings Generated by Travel Spending ($Million) Accom. & Food Serv.111.1 118.5 138.6 147.1 154.3 161.6 175.9 184.9 Retail, Entertainment & Local Transport 36.5 38.7 45.9 47.7 48.9 50.2 54.1 55.4 Total Direct Earnings 147.6 157.2 184.5 194.7 203.2 211.8 230.0 240.3 Industry Employment Generated by Travel Spending (Jobs) Accom. & Food Serv.3,190 3,270 3,580 3,620 3,670 3,720 3,870 3,870 Retail, Entertainment & Local Transport 1,160 1,190 1,260 1,250 1,240 1,230 1,250 1,250 Total Direct Employment 4,350 4,460 4,840 4,870 4,910 4,950 5,120 5,110 Government Revenue Generated by Travel Spending ($Million) Local Tax Receipts 22.7 25.7 30.3 33.3 34.9 36.5 38.5 39.1 State Tax Receipts 25.1 28.2 32.5 35.1 36.9 38.6 40.8 41.8 Total Local & State 47.9 53.9 62.8 68.3 71.8 75.1 79.2 80.9 Details may not add to totals due to rounding. *Other Travel reflects ground transportation expenditures for travel to other Washington destinations. Travel Impacts, 2010-2019p Seattle Southside 1 The economic impacts for the Seattle Southside do not include travel to and from SeaTac International Airport. This passenger air travel accounted for 16,100 jobs with earnings of $1.7 billion in 2019. 74 Shu$le  Bus  Economic  Impact  Study     Prepared  by:   7 5 2   PURPOSE The  purpose  of  the  Sea$le  Southside  Shu$le  Bus  Economic  Impact  Study  was  to  es>mate  shopping   revenue  generated  from  shu$le  bus  riders  as  well  as  provide  a  profile  of  those  who  used  the  shu$le  to   visit  the  WesCield  Southcenter.   Project  Overview   TARGET  AUDIENCE The  Sea$le  Southside  Shu$le  Bus  survey  was  conducted  among  those  riding  the  Shu$le  Bus  for  the  past   9  months.    The  surveys  were  distributed  by  shu$le  drivers  and  passengers  were  asked  to  fill  out  the   surveys  and  return  them  upon  depar>ng  the  shu$les.     SAMPLE A  total  of  1,865  respondents  were  interviewed  for  this  study  providing  a  maximum  margin  of  error  of   +/-­‐2.3%  at  a  95%  confidence  interval.       7 6 Execu>ve  Summary   7 7 4   ▪Travelers  to  the  Sea$le  Southside  area  only  use  a  handful  of  hotels  to  catch  the  shu$le,  and  most  hear  about  the  service  at  the  front  desk  of  their  hotel.     ▪Those  who  use  the  shu$le  to  travel  to  the  WesCield  Southcenter  are  primarily  shopping  and  dining  and  spend   around  3  hours  at  the  shopping  center.     ▪Shu$le  riders  spend  around  $172/person*  on  their  trip  to  the  shopping  center,  with  those  visi>ng  from  outside  the  United  States  spending  more  ($190  vs.  $158).     ▪Shu$le  riders  were  very  sa>sfied  with  their  experience  on  the  shu$le  bus.    More  than  nine  in  ten  riders  indicated  they  were  somewhat/very  sa>sfied  with  the  friendliness  of  the  driver,  the  cleanliness  of  the  shu$le  and  the  comfort  of   the  ride.    Addi>onally,  85%  indicated  they  were  sa>sfied  with  the  >meliness  of  the  shu$le.     ▪Finally,  eight  in  ten  shu$le  riders  would  recommend  the  services  to  their  friends.    However,  the  word-­‐of-­‐mouth   buzz  is  fairly  low  (5%).    Giving  visitors  the  tools  they  need  to  recommend  the  shu$le  service  will  only  help  increase  ridership  and  the  amount  of  money  spent  in  the  area.   Sea;le  Shu;lebus  Offers  Great  Service   4   *An outlier is an observation in a data set that lies a substantial distance from other observations. These unusual observations can have a disproportionate effect on statistical analysis, such as the mean, which can lead to misleading results. Only those who spent more than $25 and less than $1,000 were included in the calculations. 7 8 Thank  You!   Know  Your  Customer   417.877.7808   1717  E  Republic  Road,  Suite  C   Springfield,  MO  65804   @H2RMktResearch   agarou;e@h2rmarketresearch.com   7 9 8 0 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Planning and Economic Development FROM: Brandon Miles, Business Relations Manager CC: Mayor Ekberg DATE: December 1, 2020 SUBJECT: Experience Tukwila: Performance Measures ISSUE Discussion of performance measures for Experience Tukwila. BACKGROUND This year Tukwila launched its social media to promote the City to people within the greater Seattle region (within 50 miles of the City). These social medial accounts are part of the City’s overall campaign to help to bring more people to the City and to help the City brand itself in the region. The overall campaign is called, “Experience Tukwila.” Experience Tukwila will have several components: 1. Digital Platforms Digital platforms will include social media (Facebook, Instagram, Twitter, and LinkedIn), website, and direct email. These platforms will digitally promote Tukwila, its community members, its businesses, and everything that makes the City unique. The digital platforms will include custom photography and videos highlighting the City. The digital platforms will also allow the City to highlight specific events with unique landing pages for those events. 2. Small Events and Festivals Events and festivals will be sponsored under the “Experience Tukwila” name. Previous events include the Rave Green Run, International Food Truck Rally, and Drag Queen Bowling. The City will work to develop and support additional events and festivals coming into the City. 3. Sponsorship The City will sponsor third party activities in the City, such as Seattle Chocolates Haunted House, Starfire Sports soccer tournaments, the Museum of Flight. These activities do not fall under the small events and festivals given that they are usually longer in duration activities and are on a larger scale. DISCUSSION Performance measures and key performance indicators (KPIs) are important in allowing the City to track the success of activities. The following outlines staff’s initial ideas for performance measure and KPIs for Experience Tukwila. These are draft and staff would like to work with PED as part of the budget process to identify the appropriate performance measures and KPIs for Experience Tukwila. Staff will also be reviewing how other similar organizations track success of their efforts. 81 INFORMATIONAL MEMO Page 2 https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/CC Docs/Old W/2020 Info Memos/Experience Tukwila, Peformance Measures 12-7 PED.doc Overall Performance Measures for Experience Tukwila Performance measures need to be linked to the overall goals of an initiative or campaign. The following are the overall goals of Experience Tukwila. Performance Measure Target Method Tracking Increase total hotel occupancy and hotel revenue. TBD While tracking these performance measures is simple, tracking how Experience Tukwila impacted the overall City economy would be difficult. The City could use surveys to track impacts of the City’s activities. For example, if someone visits the Experience Tukwila website, we could ask them if they plan or have visited the City. However, this creates a causation versus correlation issue. Cell phone data might also be able to be used to track certain outcomes. Increase the total number of visitors (day and night) coming to the City. TBD Increase dwell time people spend in the City when visiting. TBD Increase total revenue at entertainment establishments, restaurants, and retailers. TBD Public Perception of the City. TBD In 2017 the City completed a survey of Puget Sound resident’s perceptions of the City. This survey could be duplicated on a regular basis to see if the City’s marketing efforts on changing how people in the region view the City. Key Performance Indicators for Certain Activities Website KPIs Goals Method of Tracking Total Sessions TBD Google Analytics Total Unique Visitors TBD Total Page Views TBD Click Throughs TBD Videos Viewed TBD Total Session time. TBD Geographic location of visitors. TBD Specific pages viewed TBD Ranking on Google Search Top of page 1. Searching “Tukwila” on Google 82 INFORMATIONAL MEMO Page 3 https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/CC Docs/Old W/2020 Info Memos/Experience Tukwila, Peformance Measures 12-7 PED.doc Social Media KPIs Goals Method Total engagements (likes, shares/retweets, comments). TBD Track usage on social media accounts. Reach/Impressions TBD Free analytics provided by social media companies. Tags/mentions TBD Free analytics provided by social media companies Hashtag utilization TBD Free analytics provided by social media companies Click through rate TBD Free analytics provided by social media companies Video views TBD Free analytics provided by social media companies Check Ins TBD Free analytics provided by social media companies Social Listening reports TBD TBD Email Marketing Open Rate TBD Tools provided with email management systems (Constant Contact, Mail Chimp, etc.) Clickthrough rate TBD Small Events and Festivals Media Impressions TBD TBD Tickets Sold TBD Tracking of tickets sold Total Attendance TBD Tracking admission and headcounts. Revenue from event TBD Ticket sales and vendor sales reports. Media impressions of event. TBD TBD Sponsorships Attendance at event or activity. TBD Online sales and headcount. Media mentions TBD Self-reporting and google key word monitoring. Hashtag usage TBD Free analytics provided by social media companies FINANCIAL IMPACT N/A. Many KPIs can be monitored using free tools on google and social media accounts. Updating the public perception study would incur a cost to have a firm complete the study. RECOMMENDATION Forward to December 14 Committee of the Whole Meeting for discussion from full council. ATTACHMENTS  Screen Shots of Selected Social Media Analytics 83 84 Screen Shots of Selected Social Media Analytics LinkedIn (Launched in October of 2020) 85 Facebook (Launched in May of 2020) Facebook Ad Currently Running 86 Twitter (Launched in May of 2020) 87 88 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Planning and Economic Development Committee FROM: Brandon Miles, Business Relations Manager CC: Mayor Ekberg DATE: December 1, 2020 SUBJECT: Amending and Extending the City’s Interim, COVID-19 Policy on Outdoor Seating and Temporary Signage ISSUE Affirm the revised interim policy regarding outdoor seating and temporary signage for businesses in response to COVID-19. BACKGROUND On July 20, 2020 the City Council affirmed the Mayor’s emergency rules regarding temporary outdoor seating and easing the requirements regarding the display of temporary signage. These emergency rules were put in place in response to the COVID-19 pandemic and the associated rules put in the place by the Governor’s Office to promote social distancing in public settings. Outdoor seating provided certain benefits to restaurants in meeting the requirements of the Governor’s orders. The City’s current emergency rules are set to expire on January 15, 2021. On November 15, 2020, the Governor announced a new round of COVID-19 restrictions intended to help slow the transmission of COVID-19. These new restrictions prevent restaurants from having indoor seating. Outdoor seating, including in a tent, is permitted, under the Governor’s current guidelines. The Governor’s new restrictions are scheduled to run until December 18. However, it is possible they could be extended or reimposed at a later date. City Administration has made the following changes to the emergency rules: 1. Extend the date of the emergency rules to June 30, 2021. 2. Clarify the tent and membrane structure policy: a. Tents and membranes up to 400 square feet do not require a permit. b. The City will create a flat fee ($50.00) of permit for tents and membranes over 400 square feet. The flat fee will cover all require permits and inspections. DISCUSSION As the Council is aware, the City is currently operating under a State of Emergency due to the COVID-19 pandemic. Tukwila Municipal Code (TMC) 2.57.040 (3) requires the City Council to affirm any rules or regulations related to the protection of life, environment, and property affect the emergency. These emergency rules for tents are needed to allow businesses in the City to operate in a safe manner. In addition, the rules for temporary signage are needed because many businesses are doing pick up and drop off to encourage social distancing. Signage will help direct motorists to businesses and pickup/drop off points. FINANCIAL IMPACT Minimal and would include a small amount of loss revenue related to temporary signage. 89 INFORMATIONAL MEMO Page 2 https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/CC Docs/Old W/2020 Info Memos/covid19 amendment for outdoor seating temp sign.doc RECOMMENDATION Affirm the revised emergency policy provided by City Administration. Forward to the December 14 Committee of the Whole meeting and special meeting on the same night for adoption. ATTACHMENTS  Revised, Interim Outdoor Seating and Signage Allowance for Businesses in Response to COVID-19. 90 Page 1 of 2 City of Tukwila Interim Outdoor Seating and Signage Allowance for Businesses in Response to COVID-19 SUBJECT: Temporary policy to allow outdoor seating and temporary signage during the Public Health Emergency related to the COVID-19 pandemic. PURPOSE: The purpose of this policy is to temporarily allow outdoor seating and temporary signage and issue any approvals in an expeditious manner while ensuring safety protocols are in place. This policy will be effective on June 15, 2020 and will expire on June 30, 2021 Jan 10, 2021 unless otherwise terminated or extended. SCOPE: This policy applies to all City of Tukwila businesses. DEFINITIONS: 1. “Public Health Emergency” shall mean any such emergency declared by the Governor of the State of Washington pursuant to his or her powers under chapters 38.08, 38.52 and 43.06 RCW, any such emergency declared by the King County Executive or the Mayor of the City of Tukwila pursuant to chapter 38.52 RCW. POLICY: During the current Public Health Emergency and in compliance with the Washington State Governor’s “Safe Start” phased approach to business reopening, the City of Tukwila shall establish the following policy to expedite approval of any outdoor seating areas and to relax temporary signage requirements: 1) Businesses are allowed to set up outdoor seating areas in parking spaces on private property, and no land use approval is required to deviate from the number of parking spaces required by City code, provided the following conditions shall be met: a) No fire lanes are blocked b) No fencing nor other containment feature is to be placed around the outdoor seating area that does not allow openings for safe egress/exiting from the seating area. In case of an emergency, people seated in the outdoor area should be able to exit the premises without passing through the building. c) Outdoor lighting shall be provided to ensure safe exiting from the dining area. Any outdoor lighting fixtures shall be rated for outdoor use. Note: electrical work will still require a permit. d) Tents may be used, subject to the following requirements: I. Tents and membrane structures up to 400 square feet do not require a permit. Other permits for heating, plumbing, and electrical may still be required. 91 Page 2 of 2 II. Tents and membrane structures having an area greater than 400 square feet require a permit. The City will charge a flat $50.00 (not included credit card fees). The permit fee shall cover the building, mechanical, electrical, plumbing plan reviews, inspections, and permit requirements of the Department of Community Development, Fire, and Public Works Department. d)e) Tents and membrane structures having an area in excess of 400 square feet shall not be erected without first obtaining a permit and approval from the Fire Marshall. Here is the link to Fire Tent permit application and requirements . 2) Temporary signs informing the public that the business is open, or other directional signs, such as designating curb side pickup areas, shall not require a temporary sign permit, provided the following conditions shall be met: a) Up to a maximum of 4 signs per business are allowed, and the maximum size of the signs shall not exceed 64 sq. ft. total for all 4 signs. These signs can only be placed on the premises of the business. Signs are not allowed to be placed off premises or within public right of way or sidewalks. b) Sight distance for cars entering and exiting the driveway shall not be blocked, and signs shall not be placed on sidewalks. c) Enforcement of the following prohibited signs is temporarily suspended: i) Strings of pennants, balloons, and similar devices. ii) The use of portable signs (A-boards, wire frames). All other Tukwila Sign Code regulations remain in effect. EFFECTIVE DATE: June 15, 2020, Amended December 1, 2020. APPROVAL: __________________________________ ______________________________ Mayor Allan Ekberg De’Sean Quinn, Council President ________________________ ______________________________ Jack Pace, Director Community Development Kari Sand City Attorney Jay Wittwer, Fire Chief 92 Tukwila City Council Planning & Economic Development Committee – 2020 Work Plan 1 City of Tukwila Updated November 30, 2020 Description Qtr Dept Action or Briefing Status/Notes 1. HB 1406/Affordable Housing Spending Options 1 DCD A Completed (temporary decision for COVID-19) 2. Building Code consultant contract 1 DCD A Completed 3. TIB Rechannelization Report 1 DCD/PW A Complete 4. Grant Application – Port of Seattle Economic Development 1 ED A Complete 5. Lodging Tax Six-Year Financial Model 1 ED B Complete 6. Accessory Dwelling Unit Update 1 DCD B Briefing complete; postponed 7. Resolution: Rental Business License Late Fee Waiver 2 DCD A Complete 8. Ordinance: TIB moratorium 2 DCD A Complete 9. Ordinance: Repeal Bag Ban due to COVID 2 CNCL A Complete 10. Tukwila Village CDA Board appointment – Council role 2 ED A On hold due to COVID-19 11. Economic Development Plan 2-3 ED B Briefing 1/13; RFQ 2/3 12. Branding and Wayfinding Briefings 2-3 ED B Complete 13. COVID-19 Related Business Recovery 2-4 ED B Ongoing 14. Business Recovery from COVID-19 2-4 ED B Ongoing 15. Lodging Tax Overview, History, Budget, 6 year Model 2-4 ED B Complete 16. Housing Action Plan 3 DCD B PED review of scope of work Complete 17. Business license fee deferral (response to C19) 3 ED B Complete 18. Ordinance: HB 1590 3 DCD A Complete 19. Land sales process 3 ED B Complete 20. Upcoming Development Agreements: Wadajir, Riverton Heights 3 DCD B Complete, Forward to PC 21. King County CARES Act Funding 3-4 ED B Complete 22. TIB Plan Implementation – Interim Zoning 4 DCD A Complete 23. Recycling Program Grant Application 4 DCD A 24. Subdivision Code update 4 DCD A 12/7 25. Rental Housing Update & Fee Reso 4 DCD B Complete 26. Tourism Funding Principles 4 ED A Complete 27. Lodging Tax Funding Applications/Contracts 1-4 ED A Applications accepted on rolling basis 28. South King Housing & Homelessness Partnership Updates 1-4 DCD A CM McLeod will serve as Tukwila Rep; SKHHP Workplan Approved by Council 29. Orillia Road Annexation/Zoning DCD A Pending King County response 30. Housekeeping Code Amendments 2021 DCD A Postponed to 2021 9 3 Tukwila City Council Planning & Economic Development Committee – 2020 Work Plan 2 City of Tukwila Updated November 30, 2020 31. MFTE TIB Option 2021 DCD A Requested by Idan/Council 1/13; will be in 2021 after Housing Action Plan completed 32. Development Review Process Improvements 2021 DCD B Postponed to 2021 Q1 33. Building/Fire Code Update 2021 DCD/FD A Postponed until January 2021 34. Economic Development Plan Adoption 2021 ED A 2021 35. Transit Oriented Development Regulations for SRO 2021 DCD B 2021 36. Tukwila Valley South Housing Standards 2021 DCD A 2021 37. Buildable Lands Report 2021 DCD B 2021 Q1 9 4