Tukwila: Phased Binding Site Improvement Plans (BSIPs)
The City of Tukwila is proposing an amendment to its regulations regarding phased Binding Site Improvement Plans (BSIPs). Currently, the city mandates that developers utilizing phased BSIPs execute a development agreement in addition to the BSIP itself. This requirement, found in Tukwila Municipal Code (TMC) 17.16.030(C), has been identified by city staff as redundant, burdensome, and inconsistent with practices in comparable jurisdictions.
BSIPs are tools used to provide flexibility for the sale of property within larger developments, particularly those involving shared features like parking, access, and utilities. They offer an alternative to traditional subdivisions and are commonly used for commercial and industrial projects, though they can also apply to residential and mixed-use developments. Phased BSIPs allow for development to occur in stages, with site improvements staggered over time.
The core issue is that the mandatory development agreement for phased BSIPs duplicates requirements already covered in other sections of the TMC. This redundancy adds significant time and cost to projects, requiring developers to navigate a complex legislative process before the City Council, rather than a purely administrative review based on established code standards. This process involves legal consultants, public hearings, and months of additional carrying costs, creating uncertainty for developers.
The Planning Commission held a public hearing on the proposed code amendment, L25-0001, on January 23, 2025, and subsequently recommended its adoption without modifications. The proposed change involves removing the provision in TMC 17.16.040(C) that mandates the execution of a development agreement for phased BSIPs. Staff argues that existing sections of the TMC, such as 17.16.060(C) and 17.16.070(B), already provide sufficient authority to enforce phased BSIP requirements and impose necessary conditions and limitations.
The proposal addresses the criteria required for staff reports on code amendments, including consistency with the Tukwila Comprehensive Plan, impacts on surrounding properties, and alternatives to the proposed amendment. Alternatives, such as retaining the development agreement requirement or implementing a threshold based on project size, were considered and rejected due to their lack of benefit to the city and the added burden on developers. Notably, the proposed ordinance would still allow developers to pursue a development agreement voluntarily if desired.