HomeMy WebLinkAboutPlanning 2025-04-24 Item 7.3 - Title 17 Subdivisions and Plats Code AmendmentCity of Tukwila
HEARING DATE:
FILE NUMBERS:
STAFF REPORT TO THE PLANNING COMMISSION
Prepared April 14, 2025
April 24, 2025
L25-0031 - Title 17 Updates
E25-0009 - Environmental Review
APPPLICANT: City of Tukwila
REQUEST:
Thomas McLeod, Mayor
Code amendment proposal to change regulations
relating to the division of land and improvements of
streets, for the purpose of integrating these standards
with new provisions for middle housing in residential
zoning districts.
LOCATION: Policies apply throughout the City of Tukwila.
NOTIFICATION:
Hearing Notice was published in the Seattle Times on
April 10, 2025, and posted on the City of Tukwila
website on April 10, 2025.
SEPA DETERMINATION: An environmental determination will be issued prior to
City Council consideration.
STAFF: Neil Tabor, AICP, Senior Planner, and Isaac Gloor,
Senior Planner
BACKGROUND
Context
Tukwila, is required to amend its regulations to encourage and facilitate the development of
approximately 240 new net homes, each year between 2025 and 2044. Tukwila, King County,
and other communities in the Puget Sound region and within the State of Washington have
experienced a severe housing shortage.
Of land in Tukwila reserved for residential -only uses, 87% is zoned Low Density Residential
(LDR). Housing in this zone is permitted only at the lowest densities (i.e., at single family
density). In recent years, housing production in Tukwila has been especially low; City
development standards have remained unchanged since 1995, while development costs have
increased. Updating standards will expand housing options and provide greater homeownership
opportunities for Tukwila residents.
Recent Legislation
In Spring 2023, Washington State Legislature passed HB 1110, requiring fully planning
jurisdictions to expand allowances for middle housing types like duplexes and townhouses.
Other legislation, such as HB 1337 and HB 1293, also intersect with middle housing
requirements and have the same deadline.
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HB 1110 set three tiers of requirements for cities based on population. Tukwila, with an
estimated population of 22,930 (OFM 2024), is currently a Tier Three City on the brink of Tier
Two. To avoid future code changes and encourage infill housing, staff has approached this
update as a Tier Two City.
SUMMARY OF PROPOSED CHANGES
Other code amendments proposed as part of this overall package address the requirements to
permit middle housing directly. TMC Title 17, Subdivisions and Plats, which regulates the
standards for land division, is both directly and indirectly affected by the changes proposed.
Amendments are needed to this Title to ensure that future middle housing development is
feasible, desirable, and occurs in a manner that meets the goals of the Comprehensive Plan.
The following is a summary of major proposed changes:
• Technical modifications:
o Removed references to the "Low -Density Residential" zoning district and
replaced them references to the proposed "Community Residential" zoning
district. These changes occasionally also required context changes to
surrounding text.
o Minor edits for consistency, and to correct errors.
• Changed thresholds for what actions constitute minor modifications of land division
documents, to improve clarity.
• Unit Lot Subdivisions:
o Removed lists of eligible residential types for unit lot subdivisions and allowed
these types of land divisions for any residential development.
o Expanded allowance for foundation construction to commence prior to final
approval for all housing types, not just townhomes, for unit lot subdivisions.
o Removed references to open space requirements.
• Streets standards:
o Changed requirements for various street components in new land division
projects, including setting 6-foot minimum sidewalk widths.
o Modified standards to create more flexibility regarding when new streets are
required to be dedicated as right-of-way.
o Established new standards requiring permanent pedestrian and bicycle public
access easements on new private streets.
o Added two new street types to the streets table.
■ Neighborhood Yield Streets, which provide on -street parking and require
approximately 40 to 50 feet of width.
■ Living Streets, which are small-scale shared streets with pedestrian
priority and require approximately 20 feet of width.
• Changed frontage improvement requirements to ensure sidewalks and curbs are
installed for more land division and development projects, including all new land
divisions and all development projects with a valuation that exceeds $700,000.
ANALYSIS
Staff Report Criteria
TMC 18.82.030 requires that staff reports for proposed amendments to development regulations
address the five listed criteria in this section. As criteria pertain to both privately -initiated code
amendment applications and those proposed by staff, some criteria may not be as relevant for
all code amendment proposals. Criteria and staff responses are listed below.
/. Anevaluation 0fthe applicationn78texials;
Staff Response: Not applicable.
2. Impact upon the Tukwila Comprehensive Plan and Zoning Code;
Staff Response: The proposed code amendments are consistent with the comprehensive
plan and do not require an amendment to the comprehensive plan.
3. Impact upon surrounding properties, if applicable;
Staff Response: Expanding allowances for middle housing and accessory dwelling units
throughout residential zones will increase Provide the opportunity for increased
development of infill housing expected throughout Tukwila Neighborhoods over time. The
SC8|e Of middle housing and A[)US is similar to that of single-family housing, limiting viSU8|
impact and providing a broader array of housing options for the Tukwila Community.
Amended standards for new streets and improvements to existing streets will help fill gaps
in l[Ukwi|8'S sidewalk network and create additional areas for street trees and on -street
parking.
4. Alternatives tothe proposed amendment; and
Staff Response: Failure tuupdate the Tukwila Municipal Code tocomply with HB1110
requirements by July 1, 2025, would require the City's standards to default to that of the
8t8te'S nnOde| Ordin8nQe, removing much of the individual discretion to tailor the code to
best serve the needs of the community. The proposed code amendments could be
tweaked in various regards to be more or less restrictive, however staff feels the package
as proposed supports infill housing development, ensuring housing development serves
GS8resource for the community.
5. Appropriate CDOe citations and other relevant documents.
Staff Response: Please see attachments.
Decision Criteria
TK8C18.82.02O.Decision Criteria provides criteria for the final City Council decision On
proposed code amendments.
Decision criteria are 8Sfollows:
/.Is the amendment consistent with the Comprehensive Plan?
2.Does the amendment meet otleast one ofthe following criteria:
8. Eliminates conflicts between TMCand the Comprehensive Plan; Of
b.Accomplishes policy directives Ofthe Council OrAdministration; Or
c. Corrects an error nrerrors /n the TMC.
Public Hearing Staff Report LN 0026.docx"
Page 4
REQUESTED ACTION
Staff is requesting that the Planning Commission forward a recommendation for
adoption of the draft code amendments to the City Council.
ATTACHMENTS
A. Title 17 Proposed Code Amendments
CHAPTER 17.04
GENERAL PROVISIONS
Sections:
17.04.010 Title
17.04.020 Purpose
17.04.030 Scope and Exceptions
17.04.040 Definitions
17.04.050 Dedications
17.04.060 Survey Content
17.04.070 Notification of Other Agencies
17.04.010 Title
A. This code shall be known as the "City of Tukwila Subdivision Code."
17.04.020 Purpose
A. The purpose of this code is to provide rules, regulations, requirements, and
standards for subdividing land in the City, insuring that the public health, safety, general
welfare, and aesthetics of the City shall be promoted and protected; that orderly growth,
development, and the conservation, protection and proper use of land shall be insured;
that the character of the developing area is safeguarded and promoted; that proper
provisions for all public facilities including circulation, utilities, open space, and services
shall be made; and that the goals and policies of the Tukwila Comprehensive Plan are
furthered through the subdivision of land.
17.04.030 Scope and Exceptions
A. Scope:
1. The subdivision of land within the City of Tukwila shall comply with Chapter
58.17 RCW.
2. Where this code imposes greater restrictions or higher standards upon the
development of land than other laws, ordinances or restrictive covenants, the provisions
of this code shall prevail.
B. Exceptions:
1. This ordinance shall not apply to divisions and activities described as
inapplicable in RCW 58.17.040; provided that boundary line adjustments and lot
consolidations are subject to the provisions contained in TMC Chapter 17.08; provided
further that binding site improvement plans are subject to the provisions contained in TMC
Chapter 17.16.
17.04.040 Definitions
A. The definitions of the Zoning Code, TMC Chapter 18.06, are hereby adopted by
reference.
17.04.050 Dedications
A. Act of Dedication: The intention to dedicate real property to the public shall be
evidenced by showing the dedication on the plat prepared for approval. All dedications,
including easements, rights -of -way and real property shall be clearly and precisely
indicated on the face of the plat. Unless specifically noted otherwise on the plat, approval
of the plat for recording shall constitute acceptance of the dedications.
B. Public Streets: All portions of land shown on the final plat that are intended for
public use shall be dedicated to the public, except for those public improvements
approved by the City to be located in easements that provide for permanent public use.
C. Certificate: If the project includes a dedication, the final plat map shall include
a certificate of dedication or reference to a separate written instrument which dedicates
all required streets and other areas to the public. The certificate or instrument of
dedication shall be signed and acknowledged before a notary public by every person
having any ownership interest in the lands divided and recorded as part of the final plat.
D. Title Report: Every proposed final plat containing a dedication must be
accompanied by a title report confirming that the title of the lands as described and shown
on the plat is in the name of the owners signing the certificate of dedication.
17.04.060 Survey Content
A. Information: All surveys submitted for boundary line adjustments, lot
consolidations, short subdivisions, long subdivisions, binding site improvement plans, or
any other permits, shall include the following information:
1. The name of the plat, City of Tukwila file number, graphic scale and north
arrow. The survey shall be done to a scale of one inch equals 100 feet unless otherwise
approved by the Department, and shall be drawn with black drawing ink in record of
survey format.
2. Existing features such as rivers, streets, railroads and structures.
3. The lines and names of all existing or platted streets or other public ways,
parks, playgrounds, and easements adjacent to the final plat, subdivision or dedication,
including municipal boundaries, township lines, and section lines.
4. In the event the plat constitutes a replat, the lots, blocks, streets, etc., of the
previous plat shall be shown by dotted lines in their proper positions in relation to the new
arrangement of the plat, the new plat being shown in solid lines so as to avoid ambiguity.
5. Legal description of the subdivision boundaries.
6. A complete survey of the section or sections in which the plat or replat is
located, if necessary, including:
a. All stakes, monuments or other evidence found on the ground
and used to determine the boundaries of the subdivision. Location and monuments found
or reset with respect to any established centerline of streets adjacent to or within the
proposed subdivision. All other monuments found or established in making the survey of
this subdivision or required to be installed by provisions of this title.
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b. City boundary lines when crossing or adjacent to the
subdivision.
c. The location and width of streets and easements intersecting
the boundary of the tract.
d. Tract, block and lot boundary lines and street rights -of -way
and centerlines, with dimensions, bearings, radii, arcs and central angles, points of
curvature and tangent bearings. Tract boundaries, lot boundaries and street bearings
shall be shown to the nearest second with basis of bearings. All distances shall be shown
to the nearest one -hundredth foot.
e. The width and location of existing and proposed easements
and rights -of -way.
7. Lot and block numbers beginning with the number one (1) and numbered
consecutively without omission or duplication.
8. Tracts to be dedicated to any public or private purpose shall be
distinguished from lots intended for general development with notes stating their purpose
and any limitations.
B. Statements: The plat shall include the following statements:
1. A statement to be signed by the Director of Public Works approving the
survey data, the layout of the streets, alleys and other rights -of -way, design of bridges,
sewage and water systems, drainage systems and other structures.
2. A certificate bearing the printed names of all persons having an interest in
the subdivided land, signed by the persons and acknowledged by them before a notary
public, consenting to the subdivision of the land and reciting a dedication by them of all
land shown on the plat to be dedicated for public uses, and a waiver by them and their
successors of all claims for damages against any governmental authority arising from the
construction and maintenance of public facilities and public property within the
subdivision.
3. A certificate with the seal of and signature of the surveyor responsible for
the survey and final plat with the following statement:
"l, , registered as a land surveyor by the State of
Washington, certify that this plat is based on an actual survey of the land described herein,
conducted by me or under my supervision; that the distances, courses and angles are
shown thereon correctly; and that monuments other than those monuments approved for
setting at a later date, have been set and lot corners staked on the ground as depicted
on the plat."
4. Certification from the King County Treasurer that all taxes and assessments
for which the property may be liable have been duly paid, satisfied or discharged as of
the date of certification.
5. Certification of examination and approval by the County Assessor.
6. Recording Certificate for completion by the King County Department of
Executive Services.
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7. Certification of Examination and Approval by the Seattle -King County
Health Department when the lot(s) are served by septic system(s).
8. City of Tukwila Finance Director Certificate that states there are no
delinquent special assessments, and that all special assessments on any of the property
that is dedicated as streets, alleys or for other public use are paid in full at the date of
certification.
9. Certification by the Director of Public Works that the applicant has complied
with one of the following:
a. All improvements have been installed in accordance with the
requirements of this title and with the preliminary plat approval, and that original and
reproducible records in a format approved by Public Works and meeting current Public
Works drawing standards for road, utility and drainage construction plans certified by the
designing engineer as being "as constructed" have been submitted for city records.
b. An agreement and bond or other financial security have been
executed in accordance with TMC 17.24.030 sufficient to assure completion of required
improvements and construction plans.
10.Certificate of dedication pursuant to TMC 17.04.050C.
11. For short subdivisions, binding site improvement plans, boundary line
adjustments, and lot consolidations, a certificate of approval to be signed by the Director
of the Department of Community Development, the Director of the Public Works
Department, and the Fire Marshal.
12. For long subdivisions, a certificate of approval to be signed by the Mayor
and City Clerk.
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17.04.070 Notification of Other Agencies
A. Notice of the filing of an application for a preliminary long subdivision within 1,000
feet of the municipal boundaries, or which contemplates the use of special use districts
or other city's or town's utilities, shall be given to the appropriate special districts, county,
city or town authorities. Notice of the filing of an application for a preliminary long
subdivision located adjacent to the right-of-way of a State highway shall be given to the
State Department of Transportation. In addition, notice of all applications for preliminary
long subdivisions shall be submitted to the appropriate school district. All such notices
shall include the hour, location, and purpose of the hearing and a description of the
property to be divided.
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CHAPTER 17.08
BOUNDARY LINE ADJUSTMENTS
AND LOT CONSOLIDATIONS
Sections:
17.08.010 Purpose
17.08.020 Scope
17.08.030 Decision Process
17.08.040 Preliminary Applications
17.08.050 Expiration of Preliminary Approval
17.08.060 Final Applications
17.08.010 Purpose
A. It is the intent to provide an efficient and timely process that allows consistent
review; to ensure such actions do not create non -conformities with zoning and other city
regulations; to provide a permanent record of boundary line adjustments and lot
consolidations; and to ensure appropriate provisions are made for access and utility
easements; in a manner consistent with RCW 58.17.040(6).
17.08.020 Scope
A. This chapter applies to all boundary line adjustments and lot consolidations
which are otherwise exempt from RCW 58.17.040(6), Subdivision Regulations.
17.08.030 Decision Process
A. Applications for boundary line adjustments and lot consolidations shall be
processed as Type 1 decisions, subject to the provisions of TMC 18.104.
17.08.040 Preliminary Applications
A. Application Requirements: Applications for preliminary boundary line
adjustments and lot consolidations shall meet the permit submittal requirements found at
TMC 18.104.060.
B. Criteria for Boundary Line Adjustment or Lot Consolidation Approval:
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. The
adjustment shall not result in the creation of lots with split zoning.
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.
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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.
C. 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 or decrease the number of lots beyond the number
previously approved.
b. Do not require a change in the design or location of stormwater
systems or roadways.
c. May realign 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 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.
17.08.050 Expiration of Preliminary Approval
A. The preliminary boundary line adjustment or lot consolidation application shall
expire if it has not been recorded within one (1) year from the date of approval.
B. Where all conditions of approval of the preliminary boundary line adjustment or
lot consolidation have been satisfied, and all required documents have been submitted
within the one (1) year filing period, the Director may grant a single extension of up to one
hundred eighty (180) days for the processing and recording of the final boundary line
adjustment or lot consolidation.
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17.08.060 Final Applications
A. Application Requirements: Applications for final boundary line adjustments
and lot consolidations shall meet the permit submittal requirements found at TMC
18.104.060.
B. Criteria for Approval: To grant final approval of a boundary line adjustment or
lot consolidation, the Director must determine that it meets the following decision criteria:
1. All requirements for boundary line adjustments or lot consolidations as set
forth in the Subdivision Code are met.
2. All terms of the preliminary boundary line adjustment or lot consolidation
approval have been met.
3. The requirements of all applicable state laws and any City ordinances have
been met.
4. All required improvements have been installed in accordance with City
standards or an improvement agreement with financial guarantee pursuant to TMC
17.24.030 has been entered into by the applicant and accepted by the City.
5. The boundary line adjustment or lot consolidation is technically correct and
accurate as certified by the land surveyor responsible for the plat.
C. Filing Procedures: Upon receiving approval from the City, the applicant will be
responsible for picking up the documents from the Department and recording them with
King County Department of Executive Services. A notification of recording that includes
the filed recording number must be provided to the Department in order to deem the
application finaled.
CHAPTER 17.12
DETAILED PROCEDURES
FOR SHORT SUBDIVISIONS
Sections:
17.12.010 Scope
17.12.020 Decision Process
17.12.030 Preliminary Applications
17.12.040 Expiration of Preliminary Approval
17.12.050 Final Applications
17.12.060 Limitations on Further Subdivision
17.12.070 Contiguous Short Subdivisions
17.12.080 Unit Lot Short Subdivisions
17.12.010 Scope
A. Any land being divided into nine (9) or fewer parcels, lots, unit lots, tracts or sites
for the purpose of sale, lease, or gift, any one of which is less than twenty (20) acres in
size, shall meet the requirements of this chapter.
17.12.020Decision Process
A. Applications for short subdivisions shall be processed as Type 2 decisions,
subject to the provisions of TMC 18.104.
17.12.030 Preliminary Applications
A. Application Requirements: Applications for preliminary short subdivisions
shall meet the permit submittal requirements found at TMC 18.104.060.
B. Review Procedures:
1. Referral to Other Departments: Upon receipt of an application for a short
subdivision, the Director shall route the application to each member of the Short
Subdivision Committee and any other department or agency deemed necessary.
2. Short Subdivision Committee Decision: The Short Subdivision Committee
may approve, approve with modifications, or deny the application. 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 Subdivision Approval: The Short Subdivision
Committee shall base its decision on an application on the following criteria:
1. The proposed Short Subdivision 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 that are consistent with current standards and
plans.
3. Appropriate provisions have been made for access, utilities and other
improvements that are consistent with current standards and plans.
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4. Appropriate provisions have been made for dedications, easements and
reservations.
5. The design, shape and orientation of the proposed Tots 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 subdivision complies with the relevant requirements of the
Tukwila Subdivision Ordinance.
8. The short subdivision complies with the requirements of the Tukwila Zoning
Ordinance and other relevant local regulations.
D. Minor and Major Modifications to a Preliminary Short Subdivision
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 or decrease the number of lots beyond the number
previously approved.
b. Do not require changes to the design or location of stormwater
systems or roadways in the project.
c. May realign internal 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 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
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.
17.12.040 Expiration of Preliminary Approval
A. If the preliminary short subdivision is not recorded within three (3) years of the
date of preliminary short subdivision approval, the preliminary short subdivision
application shall become null and void.
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B. Where all conditions of approval of the preliminary short subdivision have been
satisfied, and all required documents have been submitted within the three (3) year filing
period, the Director may grant a single extension of up to one hundred eighty (180) days
for the processing and recording of the final short subdivision.
17.12.050 Final Applications
A. Application Requirements: Applications for final short subdivisions shall meet
the permit submittal requirements found at TMC 18.104.060.
B. Final Approval Review Procedures:
1. The Short Subdivision Committee may grant final approval of the short
subdivision when they find the criteria listed in TMC 17.12.030C have been met. 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.
2. Upon final approval of the short subdivision, the applicant shall record the
plat and all other relevant documents with the King County Department of Executive
Services. The applicant is responsible for paying the recording fee(s). Upon completion
of recording, the applicant shall provide the Department with a copy of the recorded
documents. The short plat shall not be considered final until these documents have been
provided to the Department.
C. Criteria For Approval: To grant final approval of a short subdivision, the Short
Subdivision Committee must determine that it meets the following decision criteria:
1. All requirements for short subdivisions as set forth in the Subdivision Code
are met.
2. All terms of the preliminary short subdivision approval have been met.
3. The requirements of RCW 58.17, other applicable state laws, and any other
applicable City ordinances have been met.
4. All required improvements have been installed in accordance with City
standards or an improvement agreement with financial guarantee pursuant to TMC
17.24.030 has been entered into by the applicant and accepted by the City.
5. The subdivision is technically correct and accurate as certified by the land
surveyor responsible for the plat.
17.12.060 Limitations on Further Subdivision
A. Any land subdivided under the requirements of this chapter shall not be further
divided for a period of five (5) years without following the procedures for subdivision,
except when the short plat contains fewer lots than allowed for a short subdivision, in
which case an additional short subdivision may be approved if the total number of lots
within the boundaries of the original short subdivision does not exceed nine (9).
17.12.070 Contiguous Short Subdivisions
A. No application for a short subdivision shall be approved if the land being divided
is held in common ownership with a contiguous parcel which has been divided in a short
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subdivision within the preceding five (5) years and the total number of lots created in both
short subdivisions would exceed nine (9). When the total number of lots exceeds four (4)
but is less than ten (10), the paving, curb, gutter and sidewalk shall be provided per TMC
17.20.030C.6.c(1).
17.12.080 Unit Lot Short Subdivisions
A. Sites developed or proposed to be developed with residential units may be
subdivided into individual unit lots. The development as a whole shall meet development
standards applicable at the time the permit application is vested.
B. Subsequent divisions of the land, or additions or modifications to the
structure(s), may not create or increase any nonconformity of the parent lot.
C. Access easements and joint use and maintenance agreements shall be
executed for use of common garage or parking areas, common open space (such as
common play areas), and other similar features, as recorded with the King County
Department of Executive Services.
D. Within the parent lot, required parking for a dwelling unit may be provided on a
different unit lot than the lot with the dwelling unit, as long as the right to use that parking
is formalized by an easement on the plat, as recorded with the King County Department
of Executive Services.
E. The fact that development of the individual unit lots may be limited as a result of
the application of development standards to the parent lot, shall be noted on the plat, as
recorded with the King County Department of Executive Services.
F. Construction of dwelling foundations may commence prior to final unit lot short
subdivision approval, provided that:
1. The proposed unit lot short subdivision has received preliminary approval,
and the necessary financial sureties have been filed to assure construction of required
public improvements;
2. Partial or complete construction of structures shall not relieve the applicant
from, nor impair City enforcement of, conditions of approval;
3. Construction shall not proceed beyond foundations, and units shall not be
rented or sold, nor occupancy permits issued, until final unit lot short subdivision approval
is granted.
CHAPTER 17.14
DETAILED PROCEDURES
FOR LONG SUBDIVISIONS
Sections:
17.14.010 Scope
17.14.020 Decision Process
17.14.030 Preliminary Applications
17.14.040 Expiration of Preliminary Approval
17.14.050 Final Applications
17.14.060 Phasing
17.14.070 Expiration Unit Lot Long Subdivisions
17.14.010 Scope
A. Any land being divided into ten (10) or more parcels, lots, unit lots, tracts or
sites, for the purpose of sale or gift, any one of which is less than twenty (20) acres in
size, or any land which has been divided under the short subdivision procedures within
five (5) years and is not eligible for further short subdivisions, pursuant to TMC 17.12.010,
shall conform to the procedures and requirements of this chapter.
17.14.020 Decision Process
A. Preliminary Long Subdivisions: Applications for preliminary long subdivisions
shall be processed as Type 3 decisions subject to the provisions of TMC 18.104.
B. Final Long Subdivisions:Applications for final long subdivisions shall be
processed as Type 2 decisions subject to the provisions of TMC 18.104.
17.14.030 Preliminary Applications
A. Application Requirements: Applications for preliminary long subdivisions shall
meet the permit submittal requirements found at TMC 18.104.060.
B. Review Procedures:
1. Referral to Other Offices: Upon receipt of a complete preliminary long
subdivision application, the Director shall transmit a notice of application and the
preliminary long subdivision application materials 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 long subdivision is located.
2. Departmental Review: The other interested departments and agencies
shall review the preliminary long subdivision and may submit to the Department written
comments with respect to the preliminary long subdivision decision criteria.
3. Public Notice and Public Hearing: The process for public notice,
hearings, decisions and appeals shall be as provided for Type 3 decisions as identified
in TMC Title 18, "Zoning Code."
C. Criteria for Preliminary Long Subdivision Approval: The decision -maker
shall base its decision on an application for preliminary long subdivision on the following
criteria:
1. The proposed long 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 that are consistent with current standards and
plans.
3. Appropriate provisions have been made for access, 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 proposed long 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 proposed long subdivision complies with RCW 58.17.110.
D. Minor and Major Modifications to an Approved Preliminary Long
Subdivision:
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 or decrease the number of lots beyond the number
previously approved.
b. Do not require changes to the design or location of stormwater
systems or roadways in the project.
c. May realign internal lot lines, but do not relocate any roadway access
point to an exterior street.
d. Do not alter the exterior boundaries of the long subdivision.
e. Are consistent with applicable development standards and will not
cause the long 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 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, 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.
17.14.040 Expiration of Preliminary Approval
A. Expiration Period: The preliminary long subdivision application shall expire
unless a complete application for final long subdivision meeting all requirements of this
chapter is submitted to the Director within five (5) years of the date of preliminary long
subdivision approval; provided that the Director may extend a preliminary long subdivision
pursuant to this section.
B. Extensions: Extension(s) shall be requested in writing and are subject to the
criteria set forth in TMC 17.14.050.C. The extension(s) shall be subject to the following
time limitations:
1. Preliminary long subdivisions less than 100 acres that receive approval after
the effective date of this ordinance shall expire within five (5) years from the date of the
preliminary approval; provided that the applicant has the option of requesting a single 1-
year extension, for a maximum of six (6) years from the date of the preliminary approval
to the date of recording of the final phase.
2. Preliminary long subdivisions greater than 100 acres and that received
approval prior to the effective date of this ordinance shall expire within five (5) years from
the date of the preliminary long subdivision approval; provided that the applicant has the
option of requesting up to three (3) extensions as follows: the first extension may be for
three (3) years, and each subsequent extension for not exceeding two (2) years each.
This allows for a maximum of twelve (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 long subdivision:
1. A written request for extension is filed at least 30 days before the expiration
of the preliminary long subdivision; and
2. Unforeseen circumstances or conditions that are not the result of voluntary
actions of the applicant necessitate the extension of the preliminary long subdivision; and
3. Conditions within the subject property or immediately adjacent to the subject
property have not changed substantially since the preliminary long subdivision was first
approved; and
4. An extension of the preliminary long subdivision will not cause substantial
detriment to existing uses in the immediate vicinity of the subject property or to the
community as a whole; and
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5. The applicant has demonstrated reasonable diligence in attempting to meet
the time limit imposed; and
6. The preliminary long subdivision 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 long subdivision approval. The request
shall include discussion of how it complies with the criteria listed under TMC 17.40.050.C.
The Director shall review and approve requests for an extension of a preliminary long
subdivision. The Director shall provide 14-day notice to all parties of record for the
preliminary long subdivision approval prior to making the decision on the extension. The
Director's decision will also be provided to all parties of record.
17.14.050 Final Applications
A. Application Requirements: Applications for final long subdivisions shall meet
the permit submittal requirements found at TMC 18.104.060.
B. Review Procedures:
1. Referral to Other Departments and Agencies: The Director shall
distribute the final long subdivision application to all departments and agencies who
received the preliminary long subdivision, 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 long subdivision and may submit to the Department written
comments with respect to the final long subdivision decision criteria. If the final long
subdivision is in order, the Director of Public Works shall sign the appropriate certificates
on the face of the plat.
3. Filing Final Long Subdivision:
a. Before the final long subdivision is submitted to the Director, it shall
be signed by the Director of the Finance Department and the Director of the Department
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 long subdivision with the King County
Department of Executive Services. The long subdivision will be considered complete
when a copy of the recorded documents is returned to the Director.
C. Criteria for Final Long Subdivision Approval: In approving the final long
subdivision, the Director shall find:
1. That the proposed final long subdivision bears the required certificates and
statements of approval.
2. That a title insurance report furnished by the applicant confirms the title of
the land, and the proposed long 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
applicant have been completed or, alternatively, that the applicant has submitted with the
proposed final long subdivision a performance bond or other security in conformance with
TMC 17.24.030.
4. That the long subdivision is certified as accurate by the land surveyor
responsible for the long subdivision.
5. That the long subdivision is in conformance with the approved preliminary
long subdivision.
6. That the long subdivision meets the requirements of Chapter 58.17 RCW
and other applicable state and local laws which were in effect at the time of preliminary
long subdivision approval.
17.14.060 Phasing
A. Approval of Phasing Plan: The applicant may develop and record the long
subdivision in phases. Any phasing proposal shall be submitted for Hearing Examiner
review at the time at which a preliminary long subdivision 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 long subdivision, 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 long subdivision approval must be
recorded within five (5) years of the date of preliminary approval, unless an extension is
granted pursuant to TMC 17.14.050.B, TMC 17.14.050.0 and TMC 17.14.050.D.
17.14.070 Unit Lot Long Subdivisions
A. Sites developed or proposed to be developed with residential uses may be
subdivided into individual unit lots. The development as a whole shall meet development
standards applicable at the time the permit application is vested.
B. Subsequent subdivision actions, additions or modifications to the structure(s)
may not create or increase any nonconformity of the parent lot.
C. Access easements and joint use and maintenance agreements shall be
executed for use of common garage or parking areas, common open space (such as
common play areas), and other similar features, as recorded with the King County
Department of Executive Services.
D. Within the parent lot, required parking for a dwelling unit may be provided on a
different unit lot than the lot with the dwelling unit, as long as the right to use that parking
is formalized by an easement on the plat, as recorded with the King County Department
of Executive Services.
E. The fact that development of the individual unit lots may be limited as a result of
the application of development standards to the parent lot, shall be noted on the plat, as
recorded with the King County Department of Executive Services.
F. Construction of dwelling foundations may commence prior to final unit lot long
subdivision approval, provided:
1. The proposed unit lot long subdivision has received preliminary approval,
and the necessary financial sureties have been filed to assure construction of required
public improvements;
2. Partial or complete construction of structures shall not relieve the applicant
from, nor impair City enforcement of conditions of, long subdivision approval;
3. Construction shall not proceed beyond foundations, and units shall not be
rented or sold, nor occupancy permits issued, until final unit lot long subdivision approval
is granted.
CHAPTER 17.16
DETAILED PROCEDURES FOR
BINDING SITE IMPROVEMENT PLANS (BSIPS)
Sections:
17.16.010 Purpose
17.16.020 Applicability
17.16.030 Decision Process
17.16.040 Preliminary Applications
17.16.050 Expiration of Preliminary Approval
17.16.060 Final Applications
17.16.070 Improvements
17.16.080 Alterations and Vacations
17.16.010 Purpose
A. This chapter is established to:
1. Provide an optional process for land under single ownership to be divided
for the purpose of sale or lease;
2. Accommodate the division of land for the purpose of sale or lease of
property within an integrated commercial or industrial center, which allows certain zoning
standards (minimum parking, setbacks, landscaping, lot area and lot dimension) on the
individual lots to be modified provided the standards for the entire center are met;
3. Facilitate alternative ownership options by allowing BSIPs in conjunction
with a condominium process for residential, commercial, or industrial purposes (RCW
64.34);
4. Allow phased infrastructure improvements for large tracts of land.
17.16.020 Applicability
A. Eligibility: A BSIP application may be submitted for a project located on any
land zoned multi -family, commercial, or industrial, consistent with the terms of this
chapter.
B. Construction Authorization Through Other Permits: A BSIP creates or alters
existing lot lines. A BSIP does not authorize construction. Construction is permitted upon
approval of construction and building permits that implement the BSIP.
17.16.030 Decision Process
A. Applications for BSIPs shall be processed as Type 2 decisions subject to the
provisions of TMC 18.104.
17.16.040 Preliminary Applications
A. Application Requirements: Applications for preliminary BSIPs shall meet
the permit submittal requirements found at TMC 18.104.060.
B. Review Procedures: Applications for preliminary BSIPs shall be reviewed in
the same manner prescribed in TMC 17.12.030(B) for preliminary short subdivisions.
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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 Tots 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.
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. Future Development: 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. Dedication Statement: Where lands are required or proposed for dedication,
the applicant shall provide a dedication statement and acknowledgement on the BSIP.
12. 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.
13. Additional Approval Criteria for Phased Development: If the applicant
chooses to develop the property in a phased development, the applicant must execute a
development agreement with the City pursuant to RCW 36.706.170 if one is not already
in place. This agreement shall govern, at a minimum, the use and development of the
property subject to the BSIP, including:
a. vesting applicable to subsequent permits;
b. the manner in which each phase of the development will proceed to
ensure that the roads and utilities necessary to serve each phase of the development are
constructed prior to the development of each phase;
c. expiration of the agreement and all provisions therein.
14. Consistency: The BSIP shall be consistent with any City approved master
plans and development agreements.
17.16.050 Expiration of Preliminary Approval
A. If the BSIP is not recorded within three (3) years of the date of the preliminary
BSIP, the BSIP shall become null and void. Upon written request by the applicant prior to
the expiration date, the Short Subdivision Committee may grant one (1) extension of not
more than one (1) year.
B. Where all conditions of approval of the BSIP have been satisfied, and all
required documents have been submitted within the three (3) year filing period, the
Director may grant a single extension of up to one hundred eighty (180) days for the
processing and recording of the final BSIP.
17.16.060 Final Applications
A. Application Requirements: Applications for final BSIPs shall meet the permit
requirements found at TMC 18.104.060.
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B. Final Approval Review Procedures:
1. The Short Subdivision Committee may grant final approval of the BSIP
when they find that the survey, plan and other documents for recording are consistent
with the preliminary approval. 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.
2. Upon final approval of the BSIP, the applicant shall record the plat and all
other relevant documents with the King County Department of Executive Services. The
applicant is responsible for paying the recording fee(s). Upon completion of recording, the
applicant shall provide the Department with a copy of the recorded documents. The BSIP
shall not be considered final until these documents have been provided to the
Department.
C. Binding Effect: Approved BSIPs shall be binding and shall be enforceable by
the City. All provisions, conditions and requirements of the BSIP shall be legally
enforceable on the purchaser or on any person acquiring a lease or other ownership
interest of any lot, tract, or parcel created pursuant to the BSIP.
17.16.070 Improvements
A. Improvements: The following requirements shall be met for each BSIP prior to
the issuance of a building permit for construction within a BSIP.
1. Improvements Required: Consistent with TMC 17.20, and subject to any
applicable development agreement, the following tangible improvements shall be
provided, either by actual construction or a construction schedule approved by the City
and bonded by the applicant, before a BSIP may be recorded:
a. grading and paving of streets and alleys;
b. installation of curbs, gutters, sidewalks, monuments, sanitary and
storm sewers, street lights, water mains and street name signs; together with all related
appurtenances to the specifications and standards of this code, approved by the Short
Subdivision Committee, and in accordance with other standards of the City.
A separate construction permit will be required for any such improvements, along with
associated engineering plans prepared per the City Drafting Standards.
2. Modifications: Proposals that contain commercial uses, industrial uses, or
mixed -uses (commercial and residential), and that meet the definition of "integrated site"
in TMC 18.06, are not required to submit a modification request.
B. Phasing of Improvements: To satisfy improvement requirements, the Short
Subdivision Committee is authorized to impose conditions and limitations on the BSIP. If
the Short Subdivision Committee determines that any delay in satisfying requirements will
not adversely impact the public health, safety or welfare, the Committee may allow
requirements to be satisfied prior to:
1. Issuing the first building permit for the site; or
2. Prior to issuing the first building permit for any phase; or
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3. Prior to issuing a specific building's certificate of occupancy; or
4. In accordance with an approved phasing plan; or
5. In accordance with plans established by a development agreement or as
otherwise permitted or required by the TMC.
17.16.070 Alterations and Vacations
A. Alteration: Alteration of an approved BSIP, excluding standard easements for
utilities and lot line adjustments, shall be accomplished following the same procedures
required for a new BSIP application as set forth in this chapter; provided, that only owners
of lots within the BSIP that are directly affected by the proposed alteration shall be
required to authorize application for the alteration. If a property subject to a BSIP approval
is the subject of a development agreement, the alteration of the approved BSIP shall not
require an amendment to the development agreement or approval by the City Council
and, after approval and recording, shall automatically be incorporated within the
development agreement unless otherwise provided in the development agreement.
B. Vacation: Vacation of a recorded BSIP shall be accomplished by following the
same procedures required for a new BSIP application as set forth in this chapter. If a
portion of a BSIP is vacated, the property subject to the vacation shall constitute one lot,
and the balance of the approved BSIP shall remain as approved. Any non -conformities
created by such a vacation must be remedied prior to final approval of the vacation. If a
BSIP property subject to a BSIP approval is the subject of a development agreement, the
vacation of the approved BSIP, whether total or partial, shall not require an amendment
to the development agreement or approval by the City Council and, after approval and
recording shall automatically be incorporated within the development agreement unless
otherwise provided in the development agreement.
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CHAPTER 17.20
DESIGN AND IMPROVEMENT STANDARDS FOR THE SUBDIVISION OF LAND
Sections:
17.20.010 Applicability
17.20.020 Improvements, Supervision, Inspections and Permits Required
17.20.030 General Standards
17.20.040 Street Standards Applicable to All Streets
17.20.050 Street Types and Type Specific Standards
17.20.010 Applicability
A. The standards contained in this chapter are to be used as the basic standards
for addressing the approval criteria for subdivisions, boundary line adjustments, lot
consolidations, and BSIPs. The decision making entity may require additional standards
be met if it is determined necessary to meet the approval criteria for a particular
application.
17.20.020 Improvements, Supervision, Inspections and Permits Required
A. Required Improvements: Every applicant may be required to grade and pave
streets and alleys, install curbs and gutters, sidewalks, monuments, sanitary and storm
sewers, water mains, fire hydrants, street lights and name signs, together with all
appurtenances in accordance with specifications and standards of this code, approved
by the Public Works Department, and in accordance with other standards of the City.
B. Supervision and Inspection: A licensed engineer or engineering firm,
acceptable to the Department of Public Works, shall be responsible for the supervision
and inspection of all subdivision improvements. All improvements shall be certified in
writing as completed in accordance with plans and specifications as approved by the
Department of Public Works.
C. Permits: Prior to proceeding with any improvements, the applicant shall obtain
those permits from the City as are necessary. The applicant is also responsible for
complying with all applicable permit requirements of other Federal, State and local
agencies.
17.20.030 General Standards
A. Environmental Considerations:
1. Critical Areas:
a. 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 16.52, shall be
subdivided to reflect the standards and requirements of TMC 18.45 (Environmentally
Critical Areas), and/or TMC 18.46 (PRD - Planned Residential Development), and/or
TMC 16.52 (Flood Plain Management).
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b. 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 all applicable requirements of TMC Title 18,
every reasonable effort shall be made to preserve existing trees and vegetation and
integrate them into the subdivision's design. Unless impractical for reasons not the fault
of the applicant, property lines shall be designed such that all existing significant trees
are located on a single parcel. Any existing significant trees for which ownership will be
shared between more than one property owner shall have a tree maintenance
agreement placed on the face of the plat.
B. Compatibility with Existing Land Use and Plans:
1. Buffer Between Uses: Where residential or mixed -use subdivisions are
proposed adjacent to land use districts which permit exclusively commercial or industrial
uses, 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 shall 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 subdivision, 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 primary use is not established on the lot within 12 months of final
approval.
C. 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.
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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.
D. Blocks:
1. Length: Residential blocks shall 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
Director 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.
E. Lots:
1. Arrangement: Insofar as practical, side lot lines shall be at right angles to
street lines or radial to curved street lines. Each proposed lot shall have access to a
public street. New flag Tots shall not be permitted. Access requirements may be met by
establishing 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 designed with additional
width to allow for the additional side yard requirements.
F. Landscaping:
1. Landscaping shall conform with Public Works standards and the
requirements of TMC Title 18.
G. Street Signs: The applicant 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.
H. Lighting: Street lighting shall conform to the Department of Public Works
standards unless the Director of Public Works requires alternative fixtures, poles, and/or
spacing to contribute to an overall design concept of the subdivision.
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I. 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
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 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 17.20.030.J.3, the Director of Public Works may
accept a bond in an amount and with surety and conditions satisfactory to the Director,
or other secure method as the Director of Public Works may require, providing for and
securing the actual setting of the interior monuments.
17.20.040 Streets Standards Applicable to All Streets
A. 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 subdivision. Where appropriate, streets
shall be extended to the boundaries of the subdivision 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 TMC 18.45.
B. Frontage Dedication: Dedication of property as right-of-way along frontages
may be required 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.
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C. Names: All proposed street names or numbers shall be subject to approval by
the Department of Community Development.
D. Intersections: Any intersection of streets, whatever the classification, shall be
at right angles as nearly as possible and not be offset insofar as practical.
E. 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 TMC
18.45 shall be followed.
F. Privately Owned Streets:
1. Privately owned streets shall only be authorized when they meet the
following criteria:
a. Allowing privately owned streets in the area being subdivided will not
adversely affect future circulation or access to neighboring properties; and
b. Adequate and reasonable provisions are made for the future
maintenance and repair of the proposed privately owned streets; and
c. The proposed privately owned streets can accommodate potential full
(future) development on the lots created; and
d. The City of Tukwila determines that dedication of the proposed street
as right-of-way is unnecessary due to potential traffic volume, street patterns, land use,
lot patterns, or any other metric.
2. Privately owned streets shall meet the minimum requirements of the
appropriate street type for the proposed project. See TMC 17.20.050 for street types. An
applicant may choose a smaller width for a privately owned street, provided the width
meets all life safety requirements. The Department of Community Development shall
establish alternative widths when necessary to meet the minimum requirements of life
safety standards, or if the City determines additional street components are needed due
to site circumstances, including but not limited to: topography, traffic volume, street
patterns, on -street parking, lot patterns, land use, or the need for additional pedestrian,
bicycle, or transit facilities.
3. Public Access: Privately owned streets shall provide permanent public
access for non -motorized travel via easements. Access to privately owned streets by
pedestrians or bicyclists shall not be blocked by any physical obstructions. Sidewalks
installed on privately owned streets shall connect to any existing sidewalk network on
adjacent streets. Terms of the public access may be established; however, terms may
not include restrictions on bicycle usage of vehicle lanes or prohibitions of usage by the
public after 6:00 AM or before 10:00 PM.
a. Exceptions: Requirements for providing public access may be waived
by the Department if the applicant can demonstrate one or of the following:
(1) Allowing public access would expose the public to unavoidable
health or safety hazards, such as active railroad tracks or hazardous chemicals related
to the primary use, that cannot be prevented by any practical means; or
(2) The area is limited to authorized personnel and inherent security
requirements of the use cannot be satisfied through the application of alternative design
features or other solutions; or
(3) Allowing public access would cause unavoidable environmental
harm, that cannot be adequately mitigated; or
(4) Public access is not feasible due to the configuration of existing
parcels, structures, or streets, such that potential access areas are blocked in a way
that cannot be remedied reasonably by the proposed development; or
(5) Significant undue and unavoidable conflict between the proposed
access and adjacent uses would occur and cannot be mitigated.
G. Public Streets:
1. Streets that do not meet the criteria found at TMC 17.20.040.F.1 shall be
designated as public streets.
2. The minimum total width of the right-of-way and the minimum width of the
street components for public streets shall be as shown in TMC 17.20.050. The City shall
establish the appropriate street type for all existing and proposed new streets. The
Department of Community Development shall require alternative widths when
necessary to meet the minimum requirements of life safety standards, or if the City
determines additional street components are needed due to site circumstances,
including but not limited to: topography, traffic volume, street patterns, on -street parking,
lot patterns, land use, or the need for additional pedestrian, bicycle, or transit facilities.
H. Street Components and Improvement Requirements: All new streets, all
streets interior to a subdivision, and the half of all streets that abut the perimeter of a
subdivision, shall use the following general component standards. These standards
shall also be used for improvements to the frontages of parcels undergoing
development, when required by TMC Title 18. Standards specific to each of the street
types may be found at TMC 17.20.050.B, or in the Tukwila Infrastructure Design and
Construction Standards. Alternative designs may be considered provided they meet the
goals of the comprehensive plan and this chapter and comply with all life -safety
requirements. In areas of conflict between this section and any other adopted standard,
including the Tukwila Infrastructure Design and Construction Standards, the standards
of this section shall be used.
1. Sidewalks:
a. All new sidewalks shall be a minimum of 6 feet in width.
b. No obstacle, including utilities or street furniture, shall be placed within
the required sidewalk space.
2. On -Street Parking: Streets may provide parallel on -street parking.
a. On -street parking lanes may not exceed 9 feet in width.
b. On -street parking spaces may be counted toward minimum parking
requirements for proposed uses within the associated project.
c. All streets with on -street parking lanes shall feature, at a minimum, a 6
foot wide buffer zone adjacent to the curb. The buffer zone shall be installed between
the sidewalk and the parking lane.
3. Intersections and Crossings:
a. Pedestrian crossings at intersections and driveway entrances shall be
raised to curb height.
b. On -street parking lanes shall end at least 20 feet from each
intersection.
c. New streets with on -street parking shall feature curb bulbs at
intersections to shorten pedestrian crossing distances.
d. All intersections shall feature crosswalks, and, if determined necessary
by the Department, pedestrian crossing signage.
I. Street Design: The design and alignment of all new streets shall conform to the
following standards unless otherwise approved by the Department:
1. Cul-de-sacs: New cul-de-sacs shall not be permitted.
2. Curbs and Gutters: All new streets shall have permanent concrete curbs
and gutters according to Department of Public Works standards.
3. Storm Drains: All new streets shall have storm drains consisting of the
proper size pipe and catch basins.
4. 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; and
b. The greater grade would minimize disturbance of critical slopes; and
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.
J. Street Improvements: The half of all streets that abut the perimeter of a
subdivision or development project identified in TMC Title 18 shall be improved to
comply with all requirements of this chapter and the Tukwila Infrastructure Design and
Construction Standards for new streets. Additional paving may be required to ensure
safe and efficient roads exist to serve the subdivision.
17.20.050 Street Types and Type Specific Standards
A. The following table shows minimum standards for street types. Alternative
standards may be considered provided they meet the goals of the comprehensive plan
and this chapter and comply with all life -safety requirements. In areas of conflict
between this section and any other adopted standard, including the Tukwila
Infrastructure Design and Construction Standards, these standards shall be used unless
otherwise approved by the Director of Community Development and the Director of
Public Works.
Type of Street
Total
Width
Roadway
Pavement Width
Component Requirements
Principal Arterial
80'-100'
48'-84'
The width of components of
these street types shall be
determined by TMC
17.20.040.H, as well as the
requirements of the Department
of Public Works, including the
Tukwila Infrastructure Design
and Construction Standards.
Minor Arterial
60'-80'
60'-80'
36'-64'
Collector Arterial
24'-48'
Access Road
50'-60'
28'-36'
Alley
20'
15'
Neighborhood Yield Street -
Single Side Parking
(See TMC 17.20.050.B.1)
40'
Vehicle
Lane
Width
Sidewalks
Landscaping
/
Buffer Zone
Width
Parking
/
Flex Zone
Width
11'
6'+6' = 12'
Total
6'+6' = 12'
Total
5'+5' = 10'
Total
7'
Neighborhood Yield Street -
Parking on Both Sides
(See TMC 17.20.050.6.1)
50'
12'
6'+6' = 12'
Total
7'+7' = 14'
Total
Living Street - Through
(See TMC 17.20.050.B.2)
20'
Minimum
Vehicle
Clear
Zone
Landscaping
Furniture
Islands
Clear Zones
Parking Area Widths
(optional)
10'
10'
7'
Living Street - Dead End
(See TMC 17.20.050.B.2)
20'
Minimum
16'
4'
Private Access Lane
Less
than 20'
For private access lanes of less than 20 feet of width,
see TMC 17.20.040.F.2.
B. Street Specific Standards:
1. Neighborhood Yield Streets: Neighborhood Yield Streets are designed as
low speed and low volume streets. These streets allow for single -direction vehicle
travel at a time and require vehicles to pass each other by pulling over into loading
areas, empty street parking spaces, curb cuts, or other gaps. Neighborhood Yield
Streets always feature sidewalks, landscaping strips, and at least one on -street
parking lane.
(a) Applicability: Neighborhood Yield Streets are appropriate in areas
where the majority of the street's uses are residential or are community amenities
such as parks, schools, and gathering spaces. They are not appropriate where the
street would serve as a major transportation corridor for regional travel.
2. Living Streets: Living Streets are shared streets where the design
enforces that the street is shared by all users, including pedestrians, bicyclists, and
vehicle drivers. These streets do not feature curbs and instead utilize other design
features and traffic calming devices to compel drivers to drive slowly.
(a) Sidewalks: On Living Streets (TMC 17.20.050), no sidewalk is
required, as the street design shall reinforce pedestrian right-of-way within the
entire street.
(b) Materials: Living Streets shall be paved with textured or pervious
pavement, pavers, or other similar materials that reinforce the pedestrian -
priority nature of the street.
(b) Improvements: Streets on the perimeter of a subdivision that are
designated as Living Streets but that are subject only to partial improvement
shall establish a portion of the 20' wide street pavement as a pedestrian
walkway with a minimum width of 5 feet. The street shall meet all other
requirements established by this chapter and the requirements of the
Department of Public Works and the Fire Department.
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CHAPTER 17.24
PROCEDURES FOR
PUBLIC IMPROVEMENTS
Sections:
17.24.010 Purpose
17.24.020 Plans and Permits Required for Public Improvements
17.24.030 Process for Installing Public Improvements
17.24.040 Improvement Agreements and Financial Guarantees
17.24.010 Purpose
A. It is the intent to have required infrastructure improvements completed prior to
final approval of the proposed land action, while allowing some minor improvements, such
as finishing street work, to be completed after final approval if financial assurances are
provided.
17.24.020 Plans and Permits Required for Public Improvements
A. Approval of a preliminary subdivision, BSIP, boundary line adjustment, or lot
consolidation, 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 or Hearing Examiner; 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 applicant shall apply for all required permits
for those improvements. The applications shall include development plans as specified
on the application form. [Note: See TMC 11.08 and 11.12 for additional guidance on
standards and permit requirements for improvements in the public right-of-way.]
17.24.030 Process for Installing Public Improvements
A. All improvements installed shall conform to the requirements of this title and the
standards, specifications, inspections and procedures as set forth by the Department of
Public Works, and shall be installed in accordance with the following procedures:
1. Work shall not commence until plans have been checked for adequacy and
approved by the Department of Public Works to the extent necessary for the evaluation
of the proposal. Plans shall be prepared in accordance with the requirements of the City.
2. Work shall not commence until the Department of Public Works has been
notified in advance and, if work has been discontinued for any reason, it shall not be
resumed until the Department of Public Works has been notified.
3. Public improvements shall be constructed under the inspection and to the
satisfaction of the Director of Public Works. The Director of Public Works may require
changes in typical sections and details if unusual conditions arise during construction to
warrant the change.
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4. All underground utilities, sanitary sewers and storm drains installed in the
streets shall be constructed prior to street surfacing. Stubs for service connections and
underground utilities and sanitary sewers shall be placed to a length obviating the
necessity for disturbing the street improvements when surface connections are made.
5. Plans showing all improvements as built shall be filed with the City upon
completion of the improvements.
17.24.040 Improvement Agreements and Financial Guarantees
A. Required Improvements: Before any final subdivision, BSIP, boundary line
adjustment, or lot consolidation is approved, the applicant shall install all 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), the Director of Public Works may accept a
bond in an amount and with surety and conditions satisfactory to the Director of Public
Works, 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 11.08 requiring a performance bond for all work being done in the
public right-of-way. If the Director of Public Works accepts a bond for the completion of
the work, the applicant 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. The
agreement may provide for reasonable extensions of time for completion of work.
Extensions must be requested, approved by the Director of Public Works, and properly
secured in advance of the required initial completion date.
2. Require notice by the applicant to the Director of Public Works promptly
upon completion of all required improvements.
3. Provide for notice of approval or disapproval by the Director of Public Works
of the improvement within a reasonable time after receiving notice of completion.
4. Require financial security to be provided by the applicant pursuant to TMC
17.24.040.C.
5. Provide that, if the applicant 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 applicant 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.
702
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 applicant.
B. Maintenance Agreement: Regardless of whether all required improvements
are completed prior to final approval, as a condition of such approval the applicant shall
execute an agreement to assure successful operation of said improvements. [Note: See
TMC 11.08.110 for details.] The agreement shall:
1. Require the applicant 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 applicant 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 Director of Public Works, 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,
in which case the applicant's obligation to perform maintenance functions shall terminate.
3. Not relieve the applicant 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 applicant 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 applicant 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 records in a
format approved by Public Works and meeting current Public Works drawing standards
of the "as -built" improvements. The applicant shall provide an estimate of these costs for
acceptance by the Director of Public Works.
703
E. Defective Work: The acceptance of improvements by the City shall not prevent
the City from making a claim against the applicant for any defective work if such is
discovered within two years after the date of completion of the work.
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CHAPTER 17.28
PENALTIES, SEVERABILITY, LIABILITY
Sections:
17.28.010 Sale, Lease or Transfer of Land in Violation of this Chapter
17.28.020 Penalties
17.28.030 City Not Liable
17.28.040 Severability
17.28.010 Sale, Lease or Transfer of Land in Violation of this Chapter
A. Any person, firm, corporation, association, or any agent of any person, firm,
corporation, or association who violates any provision of RCW 58.17 or TMC Title 17,
"Subdivisions and Plats", relating to the sale, offer for sale, lease, or transfer of any lot,
tract, or parcel of land, shall be guilty of a gross misdemeanor; and each sale, offer for
sale, lease or transfer of each separate lot, tract, or parcel of land in violation of any
provision of RCW 58.17 or TMC Title 17, "Subdivisions and Plats", shall be deemed a
separate and distinct offense.
17.28.020 Penalties
A. Any other violation of any provision, or failure to comply with any of the
requirements of this chapter, shall be subject to enforcement and penalties as prescribed
in TMC 8.45 and the issuance of a Notice of Violation in accordance with TMC 8.45.070.
17.28.030 City Not Liable
A. This code shall not be construed to relieve from or lessen the responsibility of
any person owning any land or building, constructing or modifying any subdivisions in the
City for damages to anyone injured or damaged either in person or property by any defect
therein; nor shall the City or any agent thereof be held as assuming such liability by reason
of any preliminary or final approval or by issuance of any permits or certificates authorized
herein.
17.28.040 Severability
A. If any section, subsection, clause or phrase of this code is for any reason held
to be unconstitutional, such decision shall not affect the validity of the remaining portions
of this code.
705