HomeMy WebLinkAboutPCD 2024-12-09 Item 1A - Discussion - Code Amendment to Remove Development Agreement Requirement for Phased Binding Site Improvement Plans
City of Tukwila
ThomasMcLeod, Mayor
INFORMATIONAL MEMORANDUM
TO: Planning and Community Development Committee
FROM: Nora Gierloff, AICP, Community Development Director
BY: Neil Tabor, AICP, Senior Planner
CC: Thomas McLeod
DATE: December 3, 2024
SUBJECT: Code Amendment to Remove Requirement for Phased Binding Site
Improvement Plans to include a Development Agreement
ISSUE
Staff has identified a requirement for phased binding site improvement plans (BSIPs) to
undertake a development agreement – in addition to the BSIP – which is believed to be a
redundant requirement. Staff is proposing to remove this requirement in a code amendment.
BACKGROUND
Binding Site Improvement Plans are plans used to provide flexibility for sale of property within a
larger development, which often rely on shared features within the larger site, such as parking,
access points, landscaping, utilities, refuse collection areas, etc. As an alternative to the
traditional subdivision process these plans are typically used for commercial or industrial sites
however, they can also be used for residential and mixed use developments, which may desire
to sell individual portions of land for building sites, while retaining shared common areas. BSIPs
can also provide flexibility when combined with creating condominium ownership or phased
development.
DISCUSSION
Codified in TMC 17.16, BSIPs proposing to develop in phases are required to enter into a
development agreement in addition to completing the BSIP. Staff believes this requirement is
redundant to the BSIP process and existing requirements. Development agreements add cost to
a project by adding several months of process time for review, analysis, legal consultants,
contracting, and scheduling of a public hearing before City Council. This equates to months of
unnecessary additional carrying costs for developers on what are generally large- scale
projects, in addition to increased permit fees. In addition to the staff and City Council time
exhausted, this process also creates uncertainty for the developer by changing the review from
being entirely administrative, based on municipal code standards, to a legislative process before
the City Council on a generally, technically complex topic.
Staff is proposing to create a code amendment to remove the requirement for phased BSIPs to
also complete development agreements. Development agreements would remain an option for
developers of phased BSIPs if circumstances of the development made them desirable.
RECOMMENDATION
Staff recommends that the topic be forwarded on to the Planning Commission for further review,
and a code amendment be returned to City Council at a later date. The code amendment will
likely be combined with other housekeeping code amendments.
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