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HomeMy WebLinkAboutOrd 2764 - TMC Title 17 "Subdivisions and Plats" AmendmentsCity of Tukwila Washington Ordinance No. 1/1 L'1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2740 §3 (PART), AS CODIFIED THROUGHOUT VARIOUS CHAPTERS OF TUKWILA MUNICIPAL CODE (TMC) TITLE 17, "SUBDIVISIONS AND PLATS"; TO UPDATE STANDARDS RELATING TO LAND DIVISION, FRONTAGE IMPROVEMENTS, AND STREETS, AND TO UPDATE REFERENCES PURSUANT TO CHANGES IN ZONING DISTRICTS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Tukwila Municipal Code ("TMC") Title 17 regulates the division of land in the City of Tukwila; and WHEREAS, TMC Title 18, "Zoning," regulates zoning standards; and WHEREAS, RCW 36.70A.635 requires jurisdictions to adopt compliant regulations regarding residential density allowances for middle housing no later than six months after the periodic update of the comprehensive plan; and WHEREAS, the Tukwila Comprehensive Plan was adopted on December 16, 2024; and WHEREAS, City staff recommend updating portions of the TMC related to middle housing, accessory dwellings and design review to align with state law as proposed herein; and WHEREAS, an update of housing regulations and streamlining of standards support's the City's overall alignment with updates in state law and adopted housing goals; and WHEREAS, Ordinance No. 2762 consolidated the Low Density Residential (LDR) and Medium Density Residential (MDR) zoning districts into a new zoning district referred to as Community Residential (CR); and 2025 Legislation: Title 17 updated standards Version: 6/9/25 Staff: I. Gloor Page 1 of 26 WHEREAS, Ordinance No. 2765 amended TMC Title 18 to establish development standards and permitted uses within the CR zoning district; and WHEREAS, the City desires to ensure consistency through the TMC; and WHEREAS, the City desires to ensure standards relating to land division reflect and compliment amendments to TMC Title 18; and WHEREAS, on May 13, 2025, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non -Significance on the proposed amendments; and WHEREAS, on April 24, 2025, the Planning Commission unanimously recommended that the City Council approve the proposed amendments after holding a duly noticed public hearing to solicit and receive public comment; and WHEREAS, on June 16, 2025, after considering the analysis and proposed code amendments prepared by City Staff, the recommendation from the Planning Commission, and the public comments received, the City Council desire to adopt code amendments as set forth herein. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Adoption of Findings of Fact. The City Council finds as follows: A. The above recitals, set forth as "WHEREAS" clauses, are hereby adopted as Findings of Fact in support of the adoption of this ordinance. B. The amendments that are established below comply with the requirements of the Washington State Growth Management Act and the Tukwila Municipal Code. Section 2. Ordinance No. 2740 §3 (part), as codified at TMC Section 17.04.050, "Dedications," is hereby amended to read as follows: 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 shall include a certificate of dedication or reference to a separate written instrument which dedicates all 2025 Legislation: Title 17 updated standards Version: 6/9/25 Staff: I. Gloor Page 2 of 26 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. Section 3. Ordinance No. 2740 §3 (part), as codified at TMC Section 17.04.060, "Survey Content," is hereby amended to read as follows: 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. 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. 2025 Legislation: Title 17 updated standards Version: 6/9/25 Staff: I. Gloor Page 3 of 26 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: 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 Recorder's Office . 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 2025 Legislation: Title 17 updated standards Version: 6/9/25 Staff: I. Gloor Page 4 of 26 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 17.04.050.C. 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 final approval to be signed by the Director of the Department of Community Development, consistent with the preliminary long subdivision approval issued by the Hearing Examiner. Section 4. Ordinance No. 2740 §3 (part), as codified at TMC Section 17.04.070, "Notification of Other Agencies," is hereby amended to read as follows: 17.04.070 Notification of Other Agencies A. Notice of the filing of an application for a preliminary 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 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 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. Section 5. Ordinance No. 2740 §3 (part), as codified at TMC Section 17.08.040, "Preliminary Applications," subparagraph C, is hereby amended to read as follows: 17.08.040 Preliminary Applications C. 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. 2025 Legislation: Title 17 updated standards Version: 6/9/25 Staff: I. Gloor Page 5 of 26 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 17.08.040.a-e. 2. Modifications proposed by the applicant 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 require the applicant to withdraw the current application and submit a new application.. Section 6. Ordinance No. 2740 §3 (part), as codified at TMC Section 17.08.060, "Final Applications," is hereby amended to read as follows: 17.08.060 Final Applications A. Application Requirements: Applications for final boundary line adjustments and lot consolidations shall meet the permit submittal requirements set forth in 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 Recorder's Office. A notification of recording that includes the filed recording number must be provided to the Department in order to deem the application finaled. 2025 Legislation: Title 17 updated standards Version: 6/9/25 Staff: I. Gloor Page 6 of 26 Section 7. Ordinance No. 2740 §3 (part), as codified at TMC Section 17.12.030, "Preliminary Applications," is hereby amended to read as follows: 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. 4. Appropriate provisions have been made for dedications, easements and reservations. 5. The design, shape and orientation of the proposed lots are appropriate to the proposed use for which the lots are intended and are compatible with the area in which they are located. 6. Appropriate provisions for the maintenance of commonly owned private facilities have been made. 7. The short 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. 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 2025 Legislation: Title 17 updated standards Version: 6/9/25 Staff: I. Gloor Page 7 of 26 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. Modifications proposed by the applicant 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 require the applicant to withdraw the current application and submit a new application. Section 8. Ordinance No. 2740 §3 (part), as codified at TMC Section 17.12.050, "Final Applications," subparagraph B.2, is hereby amended to read as follows: 2. Upon final approval of the short subdivision, the applicant shall record the plat and all other relevant documents with the King County Recorder's Office. 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. Section 9. Ordinance No. 2740 §3 (part), as codified at TMC Section 17.12.080, "Unit Lot Short Subdivisions" is hereby amended to read as follows: 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 Recorder's Office. 2025 Legislation: Title 17 updated standards Version: 6/9/25 Staff: I. Gloor Page 8 of 26 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 reflected by an easement on the plat, as recorded with the King County Recorder's Office. E. The fact that development of the individual unit Tots 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 Recorder's Office. 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. Section 10. Ordinance No. 2740 §3 (part), as codified at TMC Section 17.14.030, "Preliminary Applications," is hereby amended to read as follows: 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 Marshal, 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: 2025 Legislation: Title 17 updated standards Version: 6/9/25 Staff: I. Gloor Page 9 of 26 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. 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. 2025 Legislation: Title 17 updated standards Version: 6/9/25 Staff: I. Gloor Page 10 of 26 2. Modifications proposed by the applicant 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 require the applicant to withdraw the current application and submit a new application. Section 11. Ordinance No. 2740 §3 (part), as codified at TMC Section 17.14.040, "Expiration of Preliminary Approval," is hereby amended to read as follows: 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 limitation: 1. Preliminary long subdivisions 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. 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 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 2025 Legislation: Title 17 updated standards Version: 6/9/25 Staff: I. Gloor Page 11 of 26 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. Section 12. Ordinance No. 2740 §3 (part), as codified at TMC Section 17.14.050, "Final Applications," subparagraph B.3.b, is hereby amended to read as follows: b. The applicant shall file the final long subdivision with the King County Recorder's Office. The long subdivision will be considered complete when a copy of the recorded documents is returned to the Director. Section 13. Ordinance No. 2740 §3 (part), as codified at TMC Section 17.14.060, "Phasing," subparagraph A.S., is hereby amended to read as follows: 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 17.14.040.B, TMC 17.14.040.0 and TMC 17.14.040.D. Section 14. Ordinance No. 2740 §3 (part), as codified at TMC Section 17.14.070, "Unit Lot Long Subdivisions" is hereby amended to read as follows: 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 Recorder's Office. 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 Recorder's Office. 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 Recorder's Office. F. Construction of dwelling foundations may commence prior to final unit lot long subdivision approval, provided: 2025 Legislation: Title 17 updated standards Version: 6/9/25 Staff: I. Gloor Page 12of26 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. Section 15. Ordinance No. 2740 §3 (part), as codified at TMC Section 17.16.060, "Final Applications," subparagraph B.2., is hereby amended to read as follows: 2. Upon final approval of the BSIP, the applicant shall record the plat and all other relevant documents with the King County Recorder's Office. 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. Section 16. Ordinance No. 2740 §3 (part), as codified at TMC Section 17.16.070, "Improvements," is hereby amended to read as follows: 17.16.070 Improvements A. Applicability: The following requirements shall be met for each BSIP prior to the issuance of a building permit for construction within a BSIP. Sites that have already been fully improved with existing streets, alleys, sidewalks, utilities, and other required infrastructure are exempt from these improvement requirements. However, if a site includes unimproved streets or infrastructure elements that do not meet current standards, staff may require certain improvements as necessary. 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. 2. Permits: A separate construction permit will be required for improvements. 3. 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. 2025 Legislation: Title 17 updated standards Version: 6/9/25 Staff: I. Gloor Page 13 of 26 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 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. Section 17. Ordinance No. 2740 §3 (part), as codified at TMC Chapter 17.20, "Design and Improvement Standards for the Subdivision of Land" is hereby repealed, thereby eliminating TMC Chapter 17.20. Section 18. TMC Chapter 17.20 Reenacted. TMC Chapter 17.20 is hereby re-enacted to read as follows: 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. 2025 Legislation: Title 17 updated standards Version: 6/9/25 Staff: I. Gloor Page 14 of 26 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). 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. 2025 Legislation: Title 17 updated standards Version: 6/9/25 Staff: I. Gloor Page 15 of 26 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. 3. Storm Drainage: The storm drainage collection system shall meet the requirements of the City's stormwater ordinance standards found at TMC Chapter 14.28 and TMC Chapter 14.30. 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: 2025 Legislation: Title 17 updated standards Version: 6/9/25 Staff:I. Gloor Page 16 of 26 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 lots 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. 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 17.20.030.1.5, 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 17.20.030.1.5. 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 2025 Legislation: Title 17 updated standards Version: 6/9/25 Staff: I. Gloor Page 17 of 26 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 17.20.030.1.3, 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. 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 2025 Legislation: Title 17 updated standards Version: 6/9/25 Staff: 1. Gloor Page 18 of 26 c. The proposed privately owned streets can accommodate potential full (future) development on the Tots 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. 2025 Legislation: Title 17 updated standards Version: 6/9/25 Staff: I. Gloor Page 19 of 26 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. 2025 Legislation: Title 17 updated standards Version: 6/9/25 Staff: I. Gloor Page 20 of 26 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. 2025 Legislation: Title 17 updated standards Version: 6/9/25 Staff: 1. Gloor Page 21 of 26 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' 36'-64' Collector Arterial 60'-80' 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 5'+5' = 10' Total 7' Neighborhood Yield Street - Parking on Both Sides (See TMC 17.20.050.B.1) 50' 12' 6'+6' = 12' Total 6'+6' = 12' Total 7'+7' = 14' Total Living Street - Through (See TMC 17.20.050.6.2) 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. 2025 Legislation: Title 17 updated standards Version: 6/9/25 Staff: I. Gloor Page 22 of 26 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. Section 19. Ordinance No. 2740 §3 (part), as codified at TMC Section 17.24.010, "Purpose," is hereby amended to read as follows: 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 that meet the requirements of TMC 17.24.040 are provided. Section 20. Ordinance No. 2740 §3 (part), as codified at TMC Section 17.24.030, "Process for Installing Public Improvements," is hereby amended to read as follows: 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. 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 2025 Legislation: Title 17 updated standards Version: 6/9/25 Staff: I. Gloor Page 23 of 26 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. Section 21. Ordinance No. 2740 §3 (part), as codified at TMC Section 17.24.040, "Improvement Agreements and Financial Guarantees," subparagraphs A & B, is hereby amended to read as follows: 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. 2025 Legislation: Title 17 updated standards Version: 6/9/25 Staff: 1. Gloor Page 24 of 26 8. Provide that, following recovery of the proceeds of the financial security, those proceeds shall be used to complete the required improvements and pay the costs incurred. 9. Provide that, should the proceeds of the financial security be insufficient for completion of the work and payment of the costs, the City shall be entitled to recover the deficiency from the 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. Section 22. Corrections by City Clerk or Code Reviser Authorized. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 23. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 24. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. 2025 Legislation: Title 17 updated standards Version: 6/9/25 Staff: I. Gloor Page 25 of 26 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this lU day of 1.—tAb1e , 2025. ATTEST/AUTHENTICATED: /�� - ►wry An 'y Yo -Barn t, CMC, City Clerk ROAf D AS TO FORM BY: ef Ice of the Ci ty Att 2025 Legislation: Title 17 updated standards Version: 6/9/25 Staff: I. Gloor C4C444' Thomas McLeod, May Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: lD Page 26 of 26 City of Tukwila Public Notice of Ordinance Adoption for Ordinance 2762-2.765, On June 16, 2025, the City Council of the City of Tukwila„ Washington, adopted the folllowing: ordinance, the main points of which are summarized by title as follow's ORDINANCE 2762: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, CONSOLIDATING LOW DENSITY RESIDENTIAL (LDR) AND MEDIUM DENSITY RESIDENTIAL (MDR) ZONES INTO A NEW COMMUNITY RESIDENTIAL (CR) ZONE; AMENDING ORDINANCE NO. 2741 §3 (PART)„ AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC,) CHAPTER 18.08, "`DISTRICTS ESTABILIS,HED - MAP"„ AND FIGURE 18-10, "ZONING MAP", PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. ORDINANCE 2763: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2494 §12, AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC)SECTION 9,20,080, "PARKING CLASS 3AND CLASS 4 VEHICLES IN RESIDENTIAL ZONES", TO UPDATE REFERENCES PURSUANT TO CHANGES IN ZONING DISTRICTS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. ORDINANCE 2764: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO 2740 §3 (PART), AS CODIFIED THROUGHOUT VARIOUS CHAPTERS OF TUKWILA MUNICIPAL CODE (TMC) TITLE 17, "SUBDIVISIONS AND PLATS"; TO UPDATE STANDARDS RELATING TO LAND DIVISION, FRONTAGE IMPROVEMENTS, AND STREETS, AND TO UPDATE. REFERENCES PURSUANT TOCHANGES IN ZONING DISTRICTS, PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE, ORDINANCE 2765: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2741 §3 (PART), AS CODIFIED THROUGHOUT VARIOUS SECTIONS OF TUKWILA MUNICIPAL CODE. (TMC) TITLE 18, "ZONING"; AMENDING ORDINANCE NO. 2758 §3, 4, 5, 6, 7, & 8, AS CODIFIED THROUGHOUT TITLE 18; AMENDING ORDINANCE NO. 2756 §3, AS CODIFIED AT TMC 18,50,260; AMENDING ORDINANCE NOS, 2745 §7 & 2759 §3, AS CODIFIED AT TMC 18.104.010; ELIMINATING TMC 18,12; AMEN I* NG TABLE 18--5, TABLE 118-6„ & FIGURE 18-7; TO AMEND & ESTABLISH NEW REGULATIONS TO SUPPORT MIDDLE HOUSING; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinance will be provided upon reque Andy Youn-Barnett, City Clerk PubVished Seattle Times: June 19, 2025