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HomeMy WebLinkAboutOrd 1834 - Subdivision and Zoning Code DefinitionsCover page to Ordinance1834 The full text of the ordinance follows this cover page. Ordinance1834was amended or repealedby the following ordinances. AMENDEDREPEALED Section(s) AmendedAmended by Ord#Section(s) RepealedRepealed by Ord# 2 (part)1, 2 (part), 3, 4, 6, 82741 2199 352074 2251 6 1971, 1994 8 1991, 2251 Amended by 1991, 2199 ram City of Tukwila Washington A b b U Ordinance No. If-3 AN ORDINANCE OF THE' CITY COUNCIL OF THE CITY I Ol Gl L� OF TUKWILA, WASHINGTON, AMENDING PORTIONS OF l ORDINANCES 1758 §1 AND 1768 §2, TUKWILA ZONING CODE, AS CODIFIED IN TITLE 18 OF THE TUKWILA MUNICIPAL CODE; COMBINING THE SUBDIVISION AND ZONING CODE DEFINITIONS; AMENDING APPLICATION FEES; CHANGING NOTICE REQUIREMENTS; REPEALING ORDINANCE 1770, §61; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, combining the definitions from the Subdivision Ordinance with those in the Zoning Code will eliminate duplication and inconsistencies; and WHEREAS, revisions to the Subdivision Ordinance require revisions to the Zoning Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance 1758, §1, as codified at Section 18.06.035 of the Tukwila Municipal Code, is hereby amended to read as follows: 18.06.035 Alley. "Alley" means a public thoroughfare or way usually having a width of not more than 20 feet which affords only a secondary means of access to abutting property and is not intended for general traffic circulation. Section 2. Ordinance 1758, §1, as codified at Section 18.06 of the Tukwila Municipal Code, is hereby amended to add the following definitions: Binding Site Improvement Plan. "Binding Site Improvement Plan" means an improvement plan processed in accordance with Chapter 17.16, which is legally binding on the land owner, his heirs, successors and assigns. Block. "Block" means a group of lots, tracts or parcels, which have been subdivided, and are entirely surrounded by highways or streets or in part by a well- defined or fixed boundary. Cul -de -sac. "Cul -de -sac" means a street having one end open to traffic and being terminated at the other end by a circular vehicular turn around. Dedication. "Dedication" means a deliberate appropriation of land by its owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. Final Plat. "Final Plat" means the final drawing of the subdivision and dedication prepared for filing for record with the Department of Records and Elections, and containing all elements and requirements set forth in the subdivision code. Integrated site. "Integrated site" means a commercial or industrial zoned property for which a Binding Site Improvement Plan is being or has been approved and recorded. The site typically contains within it multiple tracts of land under separate leasehold or ownership, but functions as a single center. Characteristics of an integrated site includes commonly shared access, parking, utilities, signage and landscaping; the site is not bisected by a public or private street; and zoning and sign regulations are applied to the entire site, as if there were no interior property lines. Land surveyor. "Land surveyor" means an individual registered in accordance with the provisions of RCW 18.43 and licensed to perform land surveys in the State of Washington. Lease. "Lease" means a contract or agreement whereby one party grants to another party general or limited rights, title or interest in real property. This definition is intended to apply to those agreements which are ordinarily considered "ground leases and shall not apply to those which are ordinarily considered "space leases." Performance bond or guarantee. "Performance bond or guarantee" means that security to ensure installation of certain required improvements which may be accepted to defer those improvements when such a deferment is warranted and acceptable to the City. Planning Commission. "Planning Commission" means that body as defined under Title 2.36 of the Tukwila Municipal Code. Plat. "Plat" means a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets, and alleys or other divisions and dedications. Preliminary plat. "Preliminary plat" means a neat and approximate drawing of a proposed subdivision or short plat, showing the general layout of streets and alleys, lots, blocks, utilities, and restrictive covenants to be applicable to the proposal, and other elements of a plat which shall furnish a basis for the approval or disapproval of the application. Principal building. "Principal building" means the principal structure on a lot or building site designed or used to accommodate the primary use to which the premises are devoted. Private access road. "Private access road" means a minor, privately owned and maintained road which serves to provide access to lots as authorized pursuant to TMC 17.24.030 and 17.28.050. Right -of -way. "Right -of -way" means a right belonging to a party to pass over land of another. Roadway. "Roadway" means that improved portion of a street intended for the accommodation of vehicular traffic, generally within curb lines. Short Plat. "Short plat" means the map or representation of a short subdivision. Short Subdivision. "Short subdivision" means the division of land into nine or less lots, tracts, parcels, sites or divisions. Short Subdivision Committee. The Short Subdivision Committee (SSC) shall consist of the Director of the Department of Community Development who shall be the chair, the Public Works Director, and the Fire Chief, or their designated representatives. Subdivision. "Subdivision" means the division or redivision of land into ten or more lots, tracts, parcels, sites or divisions. Section 3. Ordinance 1758, §1, as codified at Section 18.06.505 of the Tukwila Municipal Code, is hereby amended to read as follows: 18.06.505 Lot area. "Lot area" means the total horizontal area within the boundary lines of a lot and exclusive of street right- of-way, street easement, or private access roads serving more than one lot authorized pursuant to the subdivision ordinance. Section 4. Ordinance 1758, §1, as codified at Section 18.06.825 of the Tukwila Municipal Code, is hereby amended to read as follows: 18.06.825 Tract. "Tract" means a parcel of land proposed for subdivision or a distinct parcel designated for a specific use. Section 5. Ordinance 1758, §1, as codified at Section 18.45.060 of the Tukwila Municipal Code, is hereby amended to read as follows: 18.45.060 Procedures. When an applicant submits an application for any building permit, subdivision, short subdivision or any other land use review which approves a use, development or future construction, the location of any sensitive areas and buffers on the site shall be indicated on the plans submitted. When a sensitive area is identified, the following procedures apply. The Director may waive item numbers 1, 2, 4 and 5 of the following if the size and complexity of the project does not warrant that step in the procedures and the Director grants a waiver pursuant to TMC 18.45.020(F)(2). 1. Sensitive Areas Study and Geotechnical Report. The applicant shall submit the relevant study as required in TMC 21.04.140 and this chapter. It is intended that sensitive areas studies and information be utilized by applicants in preparation of their proposals and therefore shall be undertaken early in the design stages of a project. 2. Planned Residential Development Permit. Any new residential subdivision or multiple family residential proposal which includes a sensitive area or its buffer on the site shall apply for a planned residential development permit and meet the requirements of the Planned Residential Development District chapter of this title. 3. Denial of Use or Development. A use or development will be denied if it is determined by the Director that the applicant cannot ensure that potential dangers and costs to future inhabitants of the development, adjacent and local properties, and Tukwila are minimized and mitigated to an acceptable level. 4. Pre development Conference. The applicant, specialist(s) of record, contractor, and department representatives will be required to attend preconstruction conferences prior to any work on the site. 5. Construction Monitoring. The specialist(s) of record shall be retained to monitor the site during construction. 6. On -site Identification. The Director may require the boundary between a sensitive area and its buffer and any development or use to be permanently identified with fencing, or with a wood or metal sign with treated wood, concrete or metal posts. Size will be determined at the time of permitting, and wording shall be as follows: "Protection of this natural area is in your care. Alteration or disturbance is prohibited pursuant to Chapter 1 8.45 TMC. Please call the City of Tukwila for more information." Section 6. Ordinance 1758, §1, as codified at Section 18.88.010 of the Tukwila Municipal Code, is hereby amended to read as follows: 18.88.010 Application fees. The following fees shall be paid by any applicant for a land use permit at the same time that said application is filed with the City: Type of Application Fee Comprehensive plan amendment $700.00 Conditional use permit (CUP) 850.00 Design review (BAR) 900.00 Planned Residential Development (PRD) 800.00 plus 100.00 /acre Reclassification (rezone) 700.00 Shoreline substantial development permit 550.00 Short Plat/Binding Site Improvement Plan 200.00 Street vacation 120.00 Unclassified use permit (UUP) 850.00 Variance 600.00 Boundary line adjustments 50.00 Special review (parking/sign deviation, etc.) 200.00 Zoning Code Amendment 700.00 Preliminary Plat 800.00 plus 75.00 per lot Final Plat 400.00 plus 25.00 Der lot Application for renewals of any land use permit, provided such renewals are specifically authorized, shall pay the same fee required for the land use permit being renewed. Section 7. Repealer. Ordinance 1770, §61, as codified at Section 18.88.010 of the Tukwila Municipal Code, is hereby repealed. Section 8. Ordinance 1768, §2, as codified at Section 18.104.090 of the Tukwila Municipal Code, is hereby amended to read as follows: 18.104.090 Notice of Application Procedure. Notice of Application shall be provided as follows: 1. For all Type 2, 3, 4 and 5 decisions, and Type 1 decisions which require SEPA review, the Notice of Application shall be mailed by first class mail to the applicant and to departments and agencies with jurisdiction, except that a Notice of Application is not required in the case of a Code Interpretation pursuant to TMC 18.96.010 or a Sign Permit Denial pursuant to TMC 19.12. 2. For Type 1 decisions and Type 2 decisions which require SEPA review, the Notice of Application shall be provided by posting pursuant to TMC 18.104.110, provided that the Notice of Application for a Type 1 decision involving a single family residence need not be posted but shall be published one time in a newspaper of general circulation in the City. 3. For short plats of 5 through 9 lots and Type 3, 4 and 5 applications, the Notice of Application shall be posted pursuant to TMC 18.104.110 and mailed pursuant to TMC 18.104.120. 4. For applications which require any Shoreline permit, additional notice shall be provided as required by RCW 90.58. 5. For preliminary plats, additional published notice shall be provided as required by RCW 58.17.090(a). 6. The Director shall have the discretion in unusual circumstances (i.e. lengthy utility corridor or right -of -way construction projects) where posting and mailed notice would be impractical, to require the notice of application to be published in a newspaper of general circulation in the area where the proposal is located, in lieu of posting and mailed notice. Section 9. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre empted by state or federal law or regulation, such decision or pre emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 10. 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 (5) days after passage and publication as provided by law. PASSED BY THE CIS COUNCIL OTU CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2' 1998. ATTEST /AUTHENTICATED: e E. Cantu, City Clerk APPROVED AS TO FORM: By Office of the Gity Attj FILED WITH THE CITY CLERK: 02 4/y PASSED BY THE CITY COUNCIL: 3/a/1,57 PUBLISHED: �3 /Zy7 EFFECTIVE DATE:// 3 ORDINANCE NO.: j5 t,) Jot i W. Rants, Mayor J CITY OF TUKWILA SUMMARY OF ORDINANCE NO. /13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING PORTIONS OF ORDINANCES 1758 §1 AND 1768 §2, TUKWILA ZONING CODE, AS CODIFIED IN TITLE 18 OF THE TUKWILA MUNICIPAL CODE; COMBINING THE SUBDIVISION AND ZONING CODE DEFINITIONS; AMENDING APPLICATION FEES; CHANGING NOTICE REQUIREMENTS; REPEALING ORDINANCE 1770, §61; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. On /at /1S the City Council of the City of Tukwila passed Ordinance No. /g.3 amending portions of Title 18 (Zoning Code) of the TMC to combine the subdivision and zoning code definitions, amend application fees and change notice requirements; repealing Ordinance 1770, §61; providing for severability and establishing an effective date. The full text of this ordinance will be mailed without charge to anyone who submits a written request to the City Clerk of the City of Tukwila for a copy of the text. APPROVED by the City Council at its meeting of Published Seattle Times: .=.0°7 'I V /7er Cantu, City Clerk