Loading...
HomeMy WebLinkAboutOrd 2236 - Binding Site Improvement Plan ProceduresCover page to Ordinance 2236 The full text of the ordinance follows this cover page. Ordinance2236was amended or repealedby the following ordinances. AMENDEDREPEALED Section(s) AmendedAmended by Ord#Section(s) RepealedRepealed by Ord# 1, 2, 3, 4, 5, 62740 City of Tukwila Washington Ordinance No. 74 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1833, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 17.16, RELATING TO PROCEDURES FOR BINDING SITE IMPROVEMENT PLANS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila desires to provide an optional process for land under a single ownership to be divided for the purpose of sale or lease; to facilitate alternative ownership options by allowing Binding Site Improvement Plans in conjunction with a condominium process for residential, commercial, or industrial purposes; and to allow phased infrastructure improvements for large tracts of land; and WHEREAS, an open record public hearing was held on May 26, 2009, on amendments to Tukwila's Binding Site Improvement Plan regulations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance Amended. Ordinance No. 1833 §1 (part), as codified at Tukwila Municipal Code 17.16.010, is hereby amended to read as follows: 17.16.010 Purpose This chapter is established to: A. Provide an optional process for land under single ownership to be divided for the purpose of sale or lease; and B. 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; and C. Facilitate alternative ownership options by allowing Binding Site Improvement Plans in conjunction with a condominium process for residential, commercial, or industrial purposes (RCW 64.34); and D. Allow phased infrastructure improvements for large tracts of land. Section 2. Ordinance Amended. Ordinance No. 1833 §1 (part), as codified at Tukwila Municipal Code 17.16.020, is hereby amended to read as follows: 17.16.020 Applicability A. ELIGIBILITY: A Binding Site Improvement Plan 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 Binding Site Improvement Plan creates or alters existing lot lines. A Binding Site Improvement Plan does not authorize construction. Construction is permitted upon approval of construction and building permits that implement the Binding Site Improvement Plan. W: \Word Processing \Ordinances \Tukwila South Title 17 Binding Site Imp Plan.doc LV:ksn 05/28/2009 Page 1 of 6 Section 3. Ordinance Amended. Ordinance No. 1833 §1 (part), as codified at Tukwila Municipal Code 17.16.030, is hereby amended to read as follows: 17.16.030 Preliminary Binding Site Improvement Plan Approval A. APPLICATION/FEES: The following items are required, in quantities specified by DCD, for a complete Binding Site Improvement Plan application. Items may be waived if, in the judgment of the Short Subdivision Committee, said items are not applicable to the particular proposal: 1. Completed Binding Site Improvement Plan Application Form as prescribed by the DCD Director with fee as identified in TMC Chapter 18.88. 2. Completed Application Checklist. 3. A complete SEPA Checklist application if project is not exempt from SEPA. 4. Complete applications for other required land use approvals. 5. A vicinity map showing location of the site. 6. A survey prepared to the standards specified in TMC 17.04.060. 7. Site and development plans which provide the following information. The plans shall be neat and accurate on a decimal scale sufficient in size and detail to demonstrate the Binding Site Improvement Plan meets the ordinance requirements, on myl-ar sheets in record of survey format: a. The owners of adjacent land and the names of any adjacent subdivisions. b. Lines marking the boundaries of the existing lot(s) (any existing lot to be eliminated should be a dashed line and so noted). c. Locations of existing and proposed public street rights -of -way and easements and private access easements. d. Location, floor area and setbacks of all existing structures on the site. e. Lot area, lot line dimensions and average widths for each lot. f. Location of proposed new property lines and numbering of each lot. g. Location, dimension and purpose of existing and proposed easements. Provide recorded documents that identify the nature and extent of existing easements. h. Location of proposed dedications. i. Existing and proposed topography at two -foot contour intervals extending to five feet beyond the project boundaries. j. Location of sensitive areas and sensitive area buffers (slopes 20% or greater, wetlands or watercourses) on the site. k. Location, size and species of any trees located within a sensitive area or its buffer or the shoreline zone unless none of these trees are to be removed and their location is not likely to create undue hardship on individual lots with respect to TMC Chapter 18.54. 1. Location of existing and /or proposed fire hydrants to serve the project. m. Description, location and size of existing and proposed utilities, storm drainage facilities and roads to serve the lots. n. Expected location of new buildings and driveways, including finished floor elevations of the buildings. This requirement may be waived by the Responsible Official for long -term, phased developments where a phasing plan is required. 8. Letter of water and sewer availability if the provider is other than the City of Tukwila. W: \Word Processing \Ordinances \Tukwila South Title 17 Binding Site Imp Plan.doc LV:ksn 05/28/2009 Page 2 of 6 9. Parking calculations to demonstrate that the requirements of TMC Chapter 18.56 have been met. 10. Proposed cross easement and maintenance agreement for shared parking, circulation, utility and landscaping improvements. 11. Legal descriptions of all tracts located within the boundaries of the short plat. 12. Consistency report addressing how the project complies with the applicable review criteria. 13. Estimated construction schedule with phasing plan and schedule. 14. Additional requirements for condominiums: Provide the following information on the site plan: number of units proposed, building dimensions, height and number of stories, distance between buildings, type of construction, sprinkler or non sprinkler, and occupancy classification. 15. Items contained in TMC 18.104.060 not already listed above. B. REVIEW PROCEDURES: An application for Binding Site Improvement Plan shall be reviewed and acted upon in the same manner prescribed in TMC 17.12.020B for short subdivisions. C. APPROVAL CRITERIA: 1. Prior to approval of any Binding Site Improvement Plan, the Short Subdivision Committee shall insure 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 Binding Site Improvement Plan shall consist of one or more contiguous, legally- created lots and each lot shall meet the minimum dimensional requirements of the applicable zone or overlay district. b. If the site will contain commercial or industrial uses, or mixed -use commercial and residential uses, the lots shall meet the minimum dimensional requirements of the zoning district or meet the definition of "integrated site" in TMC Chapter 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. W:\ Word Processing \Ordinances \Tukwila South Title 17 Binding Site Imp Plan.doc LV:ksn 05/28/2009 Page 3 of 6 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 site within the Binding Site Improvement Plan. 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 Binding Site Improvement Plan shall contain a provision requiring that any subsequent development of the site shall be in conformance with the approved and recorded Binding Site Improvement Plan. 11. Dedication Statement: Where lands are required or proposed for dedication, the applicant shall provide a dedication statement and acknowledgement on the Binding Site Improvement Plan. 12. Additional Approval Criteria for Binding Site Improvement Plans Proposing Condominium Ownership: Condominium developments are eligible for Binding Site Improvement Plan 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 Binding Site Improvement Plan 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 36.70B.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 Binding Site Improvement Plan, 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; and c) expiration of the agreement and all provisions therein. 14. Consistency: The Binding Site Improvement Plan shall be consistent with any City approved master plans and development agreements. Section 4. Ordinance Amended. Ordinance No. 1833 §1 (part), as codified at Tukwila Municipal Code 17.16.040, is hereby amended to read as follows: 17.16.040 Final Approval of Plan A. Prior to the plan being granted final approval, a survey, prepared by a licensed surveyor to the standards contained in TMC 17.04.060, shall be submitted to the Short Subdivision Committee with the final plan. The survey and plan shall be consistent with the preliminary approval. B. Once the Short Subdivision Committee determines the survey, plan and other documents for recording are consistent with the preliminary approval, it will be certified for filing by the chair of the Short Subdivision Committee. C. After being certified for filing by the Short Subdivision Committee, Binding Site Improvement Plans and survey shall be filed by the applicant with the King County Department of Records and Elections, and a copy of the recorded documents shall be W: \Word Processing \Ordinances \Tukwila South Title 17 Binding Site Imp Plan.doc LV:ksn 05/28/2009 Page 4 of 6 returned to the Department of Community Development prior to issuance of any building permits for construction within the site. The applicant shall pay all costs associated with this filing. D. Binding Effect: Approved Binding Site Improvement Plans shall be binding and shall be enforceable by the City. All provisions, conditions and requirements of the Binding Site Improvement Plan 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 Binding Site Improvement Plan. Section 5. Ordinance Amended. Ordinance No. 1833 §1 (part), as codified at Tukwila Municipal Code 17.16.050, is hereby amended to read as follows: 17.16.050 Improvements A. IMPROVEMENTS: The following improvement requirements shall be met for each Binding Site Improvement Plan prior to the issuance of a building permit for construction within a Binding Site Improvement Plan. 1. IMPROVEMENTS REQUIRED: Consistent with TMC Chapter 17.20, and subject to any applicable development agreement, the following tangible improvements shall be provided for, either by actual construction or a construction schedule approved by the City and bonded by the applicant, before a Binding Site Improvement Plan may be recorded: grading and paving of streets and alleys; installation of curbs, gutters, sidewalks, monuments, sanitary and storm sewers, street lights, water mains and street name signs; together with all appurtenances thereto to 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 or industrial uses, or mixed -use commercial and residential uses, and meet the definition of "integrated site" in TMC 18.06 are not required to submit a modification request. Where a proposal is not eligible to be an "integrated site" or where the definition of "integrated site" does not expressly allow for a modification of a particular standard(s), modifications of improvement standards required in TMC Chapter 17.20 shall be made through the exception process in TMC Chapter 17.28. B. PHASING OF IMPROVEMENTS: To satisfy improvement requirements, the Short Subdivision Committee is authorized to impose conditions and limitations on the Binding Site Improvement Plan. 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 issuing the first building permit for the site, or prior to issuing the first building permit for any phase, or prior to issuing a specific building's certificate of occupancy, or in accordance with an approved phasing plan, or in accordance with plans established by a development agreement or as otherwise permitted or required under City code. Section 6. Ordinance Amended. Ordinance No. 1833 §1 (part), as codified at Tukwila Municipal Code 17.16.060, is hereby amended to read as follows: 17.16.060 Revision of Plan A. ALTERATION: Alteration of an approved Binding Site Improvement Plan, excluding standard easements for utilities and lot line adjustments, shall be accomplished following the same procedures required for a new Binding Site Improvement Plan application as set forth in this chapter; provided, that only owners of lots within the Binding Site Improvement Plan that are directly affected by the proposed alteration shall be required to authorize application for the alteration. If property subject to a Binding Site Improvement Plan approval is the subject of a development agreement, the alteration of the approved Binding Site Improvement Plan shall not require an amendment to the development agreement or approval by the City W:\ Word Processing Ordinances Tukwila South Title 17 Binding Site Imp Plan.doc LV:ksn 05/28/2009 Page 5 of 6 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 Binding Site Improvement Plan shall be accomplished by following the same procedures required for a new Binding Site Improvement Plan application as set forth in this chapter. If a portion of a Binding Site Improvement Plan is vacated, the property subject to the vacation shall constitute one lot, and the balance of the approved Binding Site Improvement Plan shall remain as approved. Any non conformities created by such a vacation must be remedied prior to final approval of the vacation. If a Binding Site Improvement Plan property subject to a Binding Site Improvement Plan approval is the subject of a development agreement, the vacation of the approved Binding Site Improvement Plan, 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. Section 7. 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 8. 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. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this day of 7T i v'; t 2009. ATTEST /AUTHENTICATED: 1=*4 Christy O'Flal rty, CMC, City Clerk :a Filed with the City Clerk: 3 cI AI,OVED A O FOR BY: Passed by the City Council: Co ._3 -0 Published: t.;-- S c I Effective Date: i- --C_ -r 4 1 e of the ttorney Ordinance Number: W: \Word Processing Ordinances Tukwila South Title 17 Binding Site Imp Plan.doc LV:ksn 06/05/2009 Page 6 of 6 SUMMARY OF Ordinance No. 2236 City of Tukwila, Washington On June 8, 2009 the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2236, the main points of which are summarized by its title as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1833, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 17.16, RELATING TO PROCEDURES FOR BINDING SITE IMPROVEMENT PLANS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinance will be mailed upon request. Approved by the City Council at a Special Meeting thereof on June 8, 2009. Christy O'Flaherty, GfGIC, City Clerk Published Seattle Times: June 15, 2009.