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Home My WebLink AboutOrd 2755 - TMC Section 17.16.040 "Preliminary Applications" - Remove Language Requiring Phased BSIP to Execute Development Agreementsashington rdinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2740 §3 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) SECTION 17.16.040, "PRELIMINARY APPLICATIONS," TO REMOVE LANGUAGE REQUIRING PHASED BINDING SITE IMPROVEMENT PLANS TO EXECUTE DEVELOPMENT AGREEMENTS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Title 17 of the Tukwila Municipal Code establishes procedures for binding site improvement plans and the City desires these procedures to be consistent with the provisions of state law, as per RCW 58.17.035; and WHEREAS, the City desires to eliminate unnecessary development regulations; and WHEREAS, the requirement for all phased binding site improvement plans to execute a development agreement was identified as redundant to existing regulations within TMC Title 17; and WHEREAS, on January 23, 2025, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and at that meeting adopted a motion recommending the proposed changes as set forth herein; and WHEREAS, on January 24, 2025, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non -Significance on the proposed amendments; and WHEREAS, the Tukwila City Council finds that the amendments set forth herein in the best interest of the public's health, safety, and welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: 2025 Legislation: BSIP Amendments Version: 3/4/25 Staff: N. Tabor Page 1 of 4 Section 1. Adoption of Findings of Fact. The City Council finds as follows: A. The above recitals, set forth as "WHEREAS" clauses, are hereby adopted as Findings of Fact in support of the adoption of this ordinance. B. The amendments that are established below comply with the requirements of the Washington State Growth Management Act and the Tukwila Municipal Code. Section 2. Ordinance No. 2740 §3 (part), as codified at TMC Section 17.16.040, "Preliminary Applications," subparagraph C, is hereby amended to read as follows: 17.16.040 Preliminary Applications C. Approval Criteria: 1. Prior to approval of any BSIP, the Short Subdivision Committee shall ensure that the following improvements are provided to sufficiently service the anticipated uses throughout the proposed plan and the decision criteria that follow are met: a. Adequate water supply. b. Adequate sewage disposal. c. Appropriate storm drainage improvements. d. Adequate fire hydrants. e. Appropriate access to all anticipated uses within the plan. f. Provision for all appropriate deed, dedication, and/or easements. g. Monumentation of all exterior tract corners. 2. Legal Lots: a. Residential BSIPs shall consist of one or more contiguous legally -created lots and each lot shall meet the minimum dimensional requirements of the applicable zone or overlay district. b. If the site will contain commercial or industrial uses, or mixed -use commercial and residential uses, the lots shall meet the minimum dimensional requirements of the zoning district or meet the definition of "integrated site" in TMC 18.06, such that when taken as a whole and not considering interior lot lines, the integrated site meets all applicable zoning and subdivision requirements. 3. Appropriate easements and maintenance agreements for shared facilities, including but not limited to, circulation, parking, utilities and landscaping, have been provided. 4. Modifications to the minimum zoning standards for individual lots located within the integrated site -- including setbacks, parking, landscaping, lot area and lot dimension -- are not detrimental to the public health, safety and welfare, do not adversely affect the rest of the integrated site or other properties in the vicinity, and do not impede planned street, trail or pedestrian networks for the neighborhood or district. 2025 Legislation: BSIP Amendments Version: 3/4/25 Staff: N. Tabor Page 2 of 4 5. Common improvements necessary to serve any particular phase of development must be sufficient for meeting the zoning and subdivision requirements for that phase. 6. Access to the integrated site meets the subdivision ordinance standards. Access within the site provides for safe and efficient circulation and meets Fire Department access requirements. 7. The circulation system incorporates appropriate provisions for safe pedestrian activity to the site from the street and from building to building within the site. 8. The sign regulations shall be applied to the integrated site as a whole. For example, the number of freestanding signs allowed is based on one (1) site within the BSIP. Individual ownerships within the integrated site are not considered to be separate sites in determining the number of freestanding signs allowed. 9. The requirements of the Washington State Building Code are met. 10. The BSIP shall contain a provision requiring that any subsequent development of the site shall be in conformance with the approved and recorded BSIP. 11. Where lands are required or proposed for dedication, the applicant shall provide a dedication statement and acknowledgement on the BSIP. 12. The BSIP shall be consistent with any City approved master plans and development agreements. D. Additional Approval Criteria for BSIPs Proposing Condominium Ownership: Condominium developments are eligible for BSIP approval when the purpose of such approval is to divide the property so a portion of the parcel or tract can be subjected to either RCW Chapter 64.32 or 64.34. A BSIP can only be approved when the development has already been constructed or when the approval has been obtained and a building permit for an entire development or a portion of a development is issued. Section 3. 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 4. 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 5. 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. 2025 Legislation: BSIP Amendments Version: 3/4/25 Staff: N. Tabor Page 3 of 4 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, a a Regular Meeting thereof this day of 67 , 2025. ATTEST/AUTHENTICATED: Andy Youn-Barnett, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney 2025 Legislation: BSIP Amendments Version: 3/4/25 Staff: N. Tabor 'Thomas McLeod, May6 Filed with the City Clerk: Passed by the City Council: Published: Effective Date: L ? Ordinance Number: Page 4 of 4 City of Tukwila Public Notice of Ordinance Adoption for Ordinance 2755. On March 17, 2025, the City Council of the City of Tukwila, Washington, adopted the following ordinance, the main points of which are summarized by title as follows: ORDINANCE 2755: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2740 §3 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) SECTION 17.16.040, “PRELIMINARY APPLICATIONS,” TO REMOVE LANGUAGE REQUIRING PHASED BINDING SITE IMPROVEMENT PLANS TO EXECUTE DEVELOPMENT AGREEMENTS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of these ordinances will be provided upon request. Andy Youn, Records Governance Manager/City Clerk Published Seattle Times: March 20, 2025