HomeMy WebLinkAboutSpecial 2021-01-25 Item 3A - Ordinance - Amend Various Ordinances Relating to Subdivision CodeITEM INFORMATION
STAFF SPONSOR: MINNIE DHALIWAL ORIGINAL AGENDA DATE: 01/11/21
AGENDA ITEM TITLE An Ordinance adopting changes to the subdivision code.
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 01/11/21 Mtg Date Mtg Date Mtg Date 01/25/21 Mtg Date Mtg Date 01/11/21 Mtg Date
SPONSOR Council Mayor HR DCD Finance Fire TS P&R Police PW
SPONSOR’S
SUMMARY Amend Title 17 and Title 18 of the TMC to update regulations for subdivision procedures to
create a process to allow for modifications of preliminary approved subdivision
applications; modify the approval process and decision maker for final plats; modify the
process and decision maker for approval of subdivision phasing plans; modify the decision
maker for approval of extensions to subdivision preliminary plats; and provide for a longer
extension periods for preliminary plats that have an approved phasing plan.
REVIEWED BY Trans&Infrastructure CommunitySvs/Safety Finance Com Planning/Economic Dev.
LTAC Arts Comm. Parks Comm. Planning Comm.
DATE: 12/07/20 COMMITTEE CHAIR: MCLEOD
RECOMMENDATIONS:
SPONSOR/ADMIN. Department of Community Development
COMMITTEE
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
01/11/21
MTG. DATE ATTACHMENTS
01/11/21 Informational Memorandum dated 11/25/20 (revised after 12/7 PED Committee mtg)
A. Draft Ordinance (revised after 12/7 PED Committee meeting)
B. Planning Commission meeting minutes and staff report from November 12, 2020
C. Comment letters from Nancy Bainbridge Rogers on behalf of Segale Properties LLC
D. City Attorney Memorandum
E. Minutes from the 12/7 PED Committee Meeting
COUNCIL AGENDA SYNOPSIS
----------------------------------Initials --------------------------------- ITEM NO.
Meeting Date Prepared by Mayor’s review Council review
01/11/21 MD
01/25/21
01/25/21 MD
final ordinance
Forwarded to next Regular Meeting
Spec 3.A.
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City of Tukwila
Washington
Ordinance No.
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 NOS. 2499 AND 2294; 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 su bdivision 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 mi nor 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
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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; and
WHEREAS, the Tukwila City Council hereby finds that the amendments set forth
herein are in the best interest of the public health, safety, and welfare; and
WHEREAS, the Tukwila City Council desires to adopt the amendments to Title 17
and Title 18 as set forth in this ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Adoption of Findings of Fact. The City Council hereby adopts the
foregoing recitals and incorporates them herein as support for these amendments.
Section 2. 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 shall submit to the Director
(as defined in TMC Chapter 18.06) a complete application, in quantities specified by the
City, and meet the criteria for approval.
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B. A complete application consists of the following:
1. A completed application on a form provided by the 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.
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 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.
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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.
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, or 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 3. 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
the 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 City
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.
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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 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.
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 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 critical areas and critical area buffers (slopes 15% or
greater, wetlands or watercourses) on the site.
k. Location, size and species of any trees located within a 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 Director 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.
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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.
2. Appropriate provisions have been made for water, storm drainage, erosion
control and sanitary sewage disposal for the short plat 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. 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.
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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, or 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 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 18.108.030 (or TMC Section 18.108.040).
B. Application. The following items are required, in quantities specified by the City,
for a complete application for preliminary plat approval. Items may be waived if, in the
judgment of the 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.
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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.
j. Location of any critical areas and critical area buffers (slopes 15% or
greater, wetlands or watercourses) on the site.
k. Location, size and species of any trees located within a 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 Director 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 Review. The other interested departments and agencies
shall review the preliminary plat and may submit to the Department of Community
Development written comments with respect to the preliminary plat decision criteria.
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3. 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 decision-maker shall base its
decision on an application for preliminary plat approval on the following criteria:
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.
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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.
2. Major modifications are those which, as determined by the Director, are not
minor modifications as defined in this code, or either add property or lots or substantially
change the basic design, density, open space, and 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 5. 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 the City,
for a complete application for final plat approval. Items may be waived if in the judgment
of the 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 show 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 Section 17.04.060.B.2.
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B. Final Plat Review Procedures. Applications for final plat approval shall be
processed as a Type 2 decision subject to the provisions of TMC Section 18.108.020.
1. Referral to Other Departments and Agencies . The Director shall
distribute the final plat to all departments and agencies who received the preliminary plat,
and to any other departments, special purpose districts and other governmental agencies
deemed necessary.
2. Departmental Approval. The other interested departments and agencies
shall review the final plat and may 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 Director, it shall be signed by the
City Treasurer (Finance Director) and the Director of Public Works. Upon approval by the
Director, 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 Director.
C. Criteria for final plat approval. In approving the final plat, the 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 6. Ordinance No. 1833 §1 (part), as codified at TMC Section 17.14.040, is
hereby amended to read as follows:
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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 Hearing Examiner
review at the time at which a preliminary 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 modifications to an approved phasing plan are proposed, they shall be
resubmitted for review by the original preliminary plat decision-maker. 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. 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.B, TMC Section 17.14.050.C and TMC Section
17.14.050.D.
Section 7. 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 shall expire unless a complete
application for final plat meeting all requirements of this chapter is submitted to the
Director within five years of the date of preliminary plat approval; provided that the Director
may extend a preliminary plat pursuant to this section.
B. Time Limitations. Extension(s) shall be requested in writing and are subject to
the criteria set forth in TMC Section 17.14.050.C. The extension(s) shall be subject to
the following time limitations:
1. Preliminary plats less than 100 acres that receive approval after the effective
date of this ordinance shall expire within five years from the date of the preliminary
approval; provided that the subdivider has the option of requesting one 1-year extension,
for a maximum of six years from the date of the preliminary approval to the date of
recording of the final phase.
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2. Preliminary plats greater than 100 acres and that received approval prior to
the effective date of this ordinance shall expire within five years from the date of the
preliminary plat approval; provided that the subdivider has the option of requesting up to
three extensions as follows: the first extension may be for three years, and each
subsequent extension for not exceeding two years each. This allows for a maximum of
12 years between the date of the preliminary approval and the date of recording of the
final phase.
C. Criteria for Granting Extensions. The following criteria shall be used to review
an extension request for a 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 within the subject property or immediately adjacent to 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 complies with applicable City code provisions in effect
on the date the application for extension was made.
D. Process for Granting Extensions. Applicant shall request the extension in
writing prior to the expiration of the preliminary plat approval. The request shall include
discussion of how it complies with the criteria listed under TMC Section 17.40.050.C. The
Director shall review and approve requests for an extension of a preliminary plat. The
Director shall provide 14-day notice to all parties of record for the preliminary plat approval
prior to making the decision on the extension. The Director’s decision will also be
provided to all parties of record.
E. Appeal Process for Extensions. The Director’s decision regarding the
extension request may be appealed to the Hearing Examiner pursuant to TMC Chapter
18.116. The Hearing Examiner shall hold a closed record appeal hearing based on the
information presented to the Director.
Section 8. Ordinance Nos. 1971 §21 and 1833 §1 (part), as codified at TMC Section
17.20.030, are hereby amended to read as follows:
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17.20.030 General Standards
A. Environmental Considerations.
1. Critical Areas. Land that contains a 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 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.
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 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
critical areas, the layout and construction of streets shall follow the standards and
procedures of the 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
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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 critical areas are
impacted, the standards and procedures for rights-of-way in the 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
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.
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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 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 critical slopes;
(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.
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(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.
(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
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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 critical area, shall be designed to meet the standards
of the 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 maintenance 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 (TMC 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.
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 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.
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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 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.
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.
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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 9. 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; 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.]
Section 10. 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
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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.
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 may agree to accept and perform maintenance of the improvements,
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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.
E. Defective Work. The acceptance of improvements by the City shall not prevent
the City from making a claim against the subdivider for any defective work if such is
discovered within two years after the date of completion of the work.
Section 11. 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.
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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.
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
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TYPE OF PERMIT
INITIAL
DECISION
MAKER
APPEAL BODY
(open record
appeal)
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
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
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
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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
Shoreline Conditional Use Permits, that are appealable to the State Shorelines Hearings
Board pursuant to RCW 90.58.
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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
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
Unclassified Use
(TMC Chapter 18.66)
City Council Superior Court
Section 12. Repealer. Ordinance Nos. 2499 and 2294 are hereby repealed.
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Section 13. 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 14. 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 15. 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 Special 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
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