ORD 07-554
CITY OF FEDERAL WAY
ORDINANCE NO. 07-35Y
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASIDNGTON, AMENDING CHAPTER 18 (ENVIRONMENTAL PROTEC!ION)
OF THE FEDERAL WAY CITY CODE (FWCC) RELATING TO CATEGOl\lCAL
EXEMPTIONS: AMENDING SECTION 18-73; AMENDING CHAPTER 20
(SUBDIVISIONS) OF THE FWCC RELATING TO ZERO LOT LINE TOWNHOUSE
DEVELOPMENT, SMALL LOT DETACHEI) DEVELOPMENT AND
HOUSEKEEPING ITEMS: AMENDING SECTIONS 20-1, 20-3, 20-61, 20-69, 20-70,
20-71,20-83,20-88,20-89,20-90,20-91,20-90,20-91, 20-;92, 20-93, 20-108.5, 20-111.1, 20-
113, 20-118, 20-131, 20-132, 20-133, 20-141, 20-142, 20-146, 20-147, 20-148.2, 20-l!SI, 20-
152,20-153,20-154,20-155,20-156, 20-157, 20-158, 20-176, 20-178, 20-179, 20-180, 20-
181, 20-182, 20-183, 20-184, 20-185, 20-186, 20-187; AMENDING CHAPTER 22
(ZONING) OF THE FWCC RELATING TO ZERO LOT LINE TOWNHOUSE
DEVELOPMENT, SMALL LOT DETACHED DEVELOPMENT AND
HOUSEKEEPING ITEMS; AMENDING SECTIONS 22-1, ARTICLE XI DISTRICT
REGULATIONS: DIVISION 3 SINGLE-FAMILY RESIDENTIAL (RS), DIVIS.ION 4
MUL TIF AMIL Y RESIDENTIAL (RM), DIVISION 7 COMMUNITY BUSINES~ (BC),
DIVISION 8 CITY CENTER-CORE (CC-C) AND CI;fY CENTER-FRAME (CC-F)
AND DIVISION 10 BUSINESS PARK (BP), AND AMENDING SECTIONS 22-976, 22-
1135, 22-1241, 22-1286, 22-1400, 22-1401, 22-1402, 22-1421, 22-1423, 22-1452, 22-1473,
22-1474, 22-1497, 22-1498, 22-1499, 22-1516,22-1528,22-1542, 22-1566, 22-1597, 22-
1599, 22-1634, 22-1635, 22-1636, AND 22-1638. (AMENDING ORDINANCE N~'S 90-
40,90-41,90-43,90-51,90-79,91-87,91-92,91-100, 91-105, 91-113, 91-123,93-1\70,93-
191, 94-223, 95-235, 95-245, 96-296, 96-270, 96-271. 97-291, 97-295, 97-296, 97-300, 97-
306, 97-307, 98-309, 98-330, 99-337, 99-348, 99-333, 99-353, 99-357, 00-363, 00-375, 00-
382, 01-381, 01-385, 02-414, 02-417, 02-424, 03-443, 04-457, 04-468, 05-486, 05-487, 05-
.,
504,05-506, AND 06-515)
" ,
WHEREAS, the City of Federal Way finds that the code amendments to FWCG Chapter 18
("Environmental Protection"), Chapter 20 ("Subdivisions"), and Chapter 22 ("Zoning"), which allow for
zero lot line townhouse development in the RS 5.0 residential zone and multifamily zones; and small lot
detached development in multifamily residential zones as an innovative housing demonsttation project;
and numerous housekeeping amendments ("Code Amendments") are consistent with the Federal Way
Comprehensive Plan; and
WHEREAS, the City of Federal Way's SEPA Responsible Official issued a Det~rmination of
Nonsignificance on the Code Amendments on February 3, 2007; and
Ord. No. 07- S'5<f , Page 1
r
WHEREAS, the Planning Commission conducted a duly noticed public hearing on the Code
Amendments on March 14,2007, and forwarded a recommendation of approval to the City Council; and
,
WHEREAS, the Land Useffransportation Committee (LUTe) of the Federal Way €ity Council
considered the Code Amendments on April 16, 2007, following which it recommended adoption of the
text amendments; and
WHEREAS, the Federal Way City Council considered the Code Amendments on May 1,2007; and
WHEREAS, the Federal Way City Council finds that the code amendments to allow zero-lot line
townhouse development in the RS 5.0 residential zone and the multifamily zones, and allow small lot
detached development in multifamily zones as an innovative housing demonstration project, along with
the numerous housekeeping amendments, are consistent with the intent and purposes of FWCC Chapter
22 ("Zoning"), to provide for and promote the health, safety, and welfare of the general public.
L
Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings. After full and careful consideration, the City Council of the City of Federal
Way finds that the proposed Code Amendments will protect and will not adversely affect the public
health, safety, or welfare.
Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the
Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law
with respect to the decisional criteria for adoption of the proposal:
1. The proposed amendments are consistent with, and substantially implement, the following
Comprehensive Plan goals and policies:
LUG4 - Provide a wide range of housing types and densities commensurate with the
community's needs and preferences.
HG3 - Develop a Comprehensive Plan and zoning .code that provide flexibility to produce
innovative housing solutions, do not burden the cost of housing development and
maintenance, and diversify the range of housing types available in the City.
HP 15 - Review zoning, subdivision and development regulations to ensure thqt they fUrther
housing policies and don't create unintended barri~rs. This is of particular importance for
small lot and cottage housing developments. In or..der to facilitate small lot and cottage
Ord. No. 07-55'1 ,Page 2
- - ..
housing developments, it is particularly important to revise, as necessary, the subfivision and
development regulations that govern their development.
HP 16 - As appropriate, reduce minimum lot sizes to allow construction of smaller, detached
single-family houses on smaller lots.
HP 17 - Increase capacity and encourage greater diversity of housing types and costs for
both infill and new development through various methods, such as inclusionary zoning,
density bonuses,. transfer of development rights, cluster housing, cottage housing,
garden housing, duplexes and low to moderate density housing types.
HP22 - Periodically review and update development regulations to incorporate opportunities
for new housing types.
2. The proposed amendments bear a substantial relationship to public health, safety~ or welfare
because they facilitate the development of additional housing types within the City with a
focus on homeownership opportunities. These additional housing types would be permitted
within a framework of existing density and developm~nt standards currently applied to
residential development in the City's Multifamily Residential (RM) and Single Family
Residential 5.0 (RS 5.0, one unit per 5,000 square feet~ zoning districts.
And
3. The proposed amendments are in the best interest of the residents of the City ,because they
would provide additional home ownership opportunities by providing for fee-simple
townhouse development and single-family housing on smaller lots in high-denslty residential
zones.
Section 3. Small Lot Detached Innovative Housing Demonstration Proiects. The; City Council
has determined that it is in the public's interest to allow only a limited number of small lot detached
developments in multifamily zoning districts as demonstration projects. The City shalllim,it the number
of small lot detached housing demonstration projects to a maximum of two. Demonstratiof.l projects will
be selected, at the Director of Community Development Services' discretion, using the selection
,
guidelines detailed below in section 4. After the second demonstration project has been approved and at
least 50 percent of the dwelling units constructed and approved for occupancy by the City's building
division, the code amendments relating to allowing small lot detached development in multifamily
residential zones adopted in Section 5 below may remain in place with no demonstration project
requirement. If, however, the City Council determines, based on evaluation of the demonstration
projects, that the code amendments are not in the public's best interest, the City Council ;may amend or
repeal the smaIl lot detached housing development code provisi~ns.
Ord. No. 07-.5S~ ' Page 3
Section 4. Small Lot Detached Development Selection C~teria. The City shall use a competitive
selection process to determine which small lot detached housing developments shall move forward
through the permitting process. The City may approve up to two small lot detached housing developments
pursuant to this ordinance. Applications for small lot detached housing developments shall be docketed
and submitted on a schedule determined by the Director of Community Development Services. The
Director of Community Development Services shall have the discretion to determine which applications,
if any, will be selected for submission as formal applications based on the code and the follovying criteria:
(a) Consistency with the small lot detached housing subdivision design criteria and
development standards as specified in the code.
(b) Demonstration that the project has been designed with sensitivity to adjacep.t properties
and with regard to impacts associated with parking, building height, building bulk, lot coverage, setbacks,
screening, open space, and aesthetics.
(c) Demonstration that the project will result in a highly attractive environlllent, which
incorporates a high level of quality throughout the developm~nt, including but not limited to the
following areas:
1. Architectural design
2. Building materials
3. Overall site design
4. Common and private open space areas
The Director may select, select with modifications, or deny an application. The d~pision by the
Pirector of Community Development Services selecting small ~ot detached housing de"V~lopments to
advance to the formal submittal phase shall be in writing and shall be the final decision of the City.
Section 5. Amendment. FWCC Chapter 18, Chapter 20, and Chapter 22 are amended as set forth in
the attached Exhibit A.
Section 6. Severability. The provisions of this ordinance are declared separate and s~verable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordipance, or the
Ord. No. 07-55'-/ ' Page 4
invalidity of the application thereof to any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to any [other persons or circumsta.nces.
Section 7. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
Section 8. Effective Date. This ordinance shall be effective five (5) days after passage and
publication as provided by law.
PASSED by the City Council of Federal Way at a regular meeting of the City Council on the
15~ day of May 2007.
APPROVED AS TO FORM:
f~tJ. ~h
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE No: ..
1:\2006 Code Amendments\Small Lot and Zero Lot Line Amendments\City Council\Adoptiqn Ordinance.doc/5/3/2007
Ord. No. 07-S1tJ ' Page 5
Exhibii A
Exhibits 1 -- 15
and.
. Exhibits 17 -.- 20
Federal Way City Code (FWCC)'
Text Amendments
Exhibit 1
Federal Way City Code (FWCC)
Chapter 18. Environmental Protection
Article II. Environmental Policy
Division 3. Categorical Exemptions and Threshold Determinations
18-71 Adoption of regulations.
The city adopts the following sections of Chapter 197-11 WAC as now existing or amended, by
reference:
(1) 197~11-300, Purpose ofthis part.
(2) 197-11-305, Categorical exemptions.
(3) 197-11-310, Threshold determination required.
(4) 197-11-315, Environmental checklist.
(5) 197-11-330, Threshold determination process.
(6) 197-11-335, Additional information.
(7) 197-11-340, Determination of nonsignificance (DNS).
(8) 197-11-350, Mitigation determination of nonsignificance.
(9) 197-11-360, Determination of significance (DS/initiation ofscoping).
(10) 197-11-390, Effect of threshold determination. (Ord. No. 90-40, ~ 1(20.60),2-27-90; Ord. No.
04-468, ~ 3,11-16-04)
18-72 Categorical exemptions - Rules.
The city adopts by reference the following rules for categorical exemptions in Chapter 197-11 WAC,
as now existing or amended:
(1) 197-11-800, Categorical exemptions.
(2) 197-11-880, Emergencies.
(3) 197-11-890, Petitioning State Department of Ecology to change exemptions. (Ord. No. 90-40, ~
1(20.80),2-27-90; Ord. No. 04-468, ~ 3, 11-16-04)
*Editor's note - Ordinance No. 04-468, S 3, adopted November 16, 2004, deleted S 18-72 and renumbered 9 18-73 as a new S
18-72. Formerly, such section pertained to timing and derived from Ord. No. 90-40, S 1 (20.70.10 - 20.70.60), 2-27-90.
18-73 Categorical exemptions - Flexible thresholds.
(a) The city establishes the following exempt levels for minor new construction defined ir WAC 197-
11-800(1 )(b) based on local conditions:
(1) For residential structures up to fem: nine dwelling units.
(2) For agricultural structures covering up to 10,000 square feet.
(3) For office, commercial, recreational, service or storage buildings up to 4,000 squ<;lre feet gross
floor area, and up to 20 parking spaces.
(4) For parking lots up to 20 parking spaces.
(5) For landfills and excavations up to 500 cubic yards.
(b) Whenever the city establishes new exempt levels under this section, it shall send them to the State
Department of Ecology as required by WAC 197-11-800(1)(c). (~rd. No. 90-40, ~ 1(20.90.10,20.90.20),2-
27-90; Ord. No. 04-468,93,11-16-04)
18-74 Planned actions - Definition and criteria.
(a) A planned action means one or more types of project action that:
(1) Are designated planned actions by an ordinance or resolution adopted by the city;
(2) Have had the significant environmental impacts adequately addressed in an EIS prepared in
conjunction with:
Exhibit], FWCC Chapter 18, "Environmental Protection" Pag.e I
a. A comprehensive plan or subarea plan adopted under Chapter 36.70A RCW; OF,
b. A fully contained community, a master planned resort, a master planned devel0pment, or a
phased project;
(3) Are subsequent or implementing projects for the proposals listed in subsection (a)(2) of this
section;
(4) Are located within an urban growth area, as defined in RCW 36.70A.030, or are located
within a master planned resort;
(5) Are not essential public facilities, as defined in RCW 36.70A.200; and
(6) Are consistent with a comprehensive plan adopted under Chapter 36.70A RCW.
(b) The city shall limit planned actions to certain types of development or to specific geographical
areas that are less extensive than its jurisdictional boundaries.
(c) The city may limit a planned action to a time period identified in the EIS or the designating
ordinance orresolution adopted under FWCC 18-75. (Ord. No. 04-468, 9 3,11-16-04)
.18-75 Ordinances or resolutions designating planned actions - Procedures for adoption.
(a) The city must designate a planned action by ordinance or resolution. Public notice and opportunity
for public comment shall be provided as part of the agency's process for adopting the ordinance or
resolution.
(b) The ordinance or resolution:
(1) Shall describe the type(s) of project action being designated as a planned action;
(2) Shall describe how the planned action meets the criteria in FWCC 18-74 (including specific
reference to the EIS that addresses any significant environmental impacts of the planned action);
(3) Shall include a finding that the environmental impacts of the planned action have been
identified and adequately addressed in the EIS, subject to project review under FWCC 18-76;' and
(4) Should identify any specific mitigation measures other than applicable development
regulations that must be applied to a project for it to qualify as the planned action.
(c) If the city has not limited the planned action to a specific time period identified in the EIS, it may
do so in the ordinance or resolution designating the planned action.
(d) The city is encouraged to provide a periodic review and update procedure for the pl<iI1ped action to
monitor implementation and consider changes as warranted. (Ord. No. 04-468, 9 3, 11-16-04)
18-76 Planned actions - Project review.
(a) Review of a project proposed as a planned action is intended to be simpler and more focused than
for other projects. A project proposed as a planned action must qualify as the planned action designated in
the planned action ordinance or resolution, and must meet the statutory criteria for a planned action in
RCW 43.21 C.031. Planned action project review shall include:
(1) Verification that the project meets the description in, and will implement any applicable
conditions or mitigation measures identified in, the designating ordinance or'resolution; and
(2) Verification that the probable significant adverse environmental impacts of the project have
been adequately addressed in the EIS prepared under FWCC l8-74(a)(2) through review of an
environmental checklist or other project review form as specified in WAC 197-11-315, filed with the
project application.
(b)(1) If the project meets the requirements of subsection (a) of this section, the project shall qualify
as the planned action ~esignated by the city, and a project threshold determination or EIS is 'not required.
Nothing in this section limits the city from using this chapter or other applicable law to place conditions
on the project in order to mitigate nonsignificant impacts through the normal local proje~t review and
permitting process.
(2) If the project does not meet the requirements of subsection (a) of this section, the project is
not a planned action and a threshold determination is required. In conducting the additional ervironmental
review under this chapter, the lead agency may use information in existing environmental documents,
Exhibit 1, FWCC Chapter 18, "Environmental Protection" ~ Page 2
including the EIS used to designate the planned action (refer to WAC 197-ll-330(2)(a) and 197-11-600
through 197-11-635). If an EIS or SEIS is prepared on the proposed project, its scope is limited to those
probable significant adverse environmental impacts that were not adequately addressed in the EIS used to
designate the planned action.
(c) Public notice for projects that qualify as planned actions shall be tied to the underlyit,lg permit. If
notice is otherwise required for the underlying permit, the notice shall state that the project has qualified
~
as a planned action. If notice is not otherwise required for the underlying permit, no special notice is
required. However, the city is encouraged to provide some form .of public notice as deemed: appropriate.
(Ord. No. 04-468, S 3, 11-16-04)
18-77 Categorical exemptions - Determination.
(a) When the city receives an application for a license or a city department initiates a wroposal, the
responsible official shall determine whether the license or proppsal is exempt. The dete:pnination of
exemption shall be final and not subject to administrative review. The procedural requirements of this
article shall not apply to proposals or licenses which are determined to be exempt, nor shall an
environmental checklist be required to be completed.
(b) In determining whether a proposal is exempt the responsible official shall make: certain the
proposal is properly defined and shall identify the governmental license required. If the proposal includes
exempt and nonexempt actions, the responsible official shall determine the lead agency for the nonexempt
action.
(c) If a proposal includes both exempt and nonexempt actions, the city may authorize exempt actions
prior to completion of the procedural requirements of this article, except that:
(1) The city shall not give authorization for any action that is nonexempt, any action that would
have an adverse environmental effect, or any action that would limit the choice of reasonableialternatives;
(2) The city may withhold approval of an exempt action that would lead to modific.ations of the
physical environment serving no purpose if the nonexempt actions were not approved;
(3) The city may withhold approval of exempt actions that would lead to substantial financial
expenditures by a private applicant when the expenditures would serve no purpose if the nonexempt
actions were not approved. (Ord. No. 90-40, S 1(20.100.10 - 20.100.30),2-27-90; Ord. No. 04-468, S 3, 11-16-
04)
18-78 Threshold determination - Early review at conceptual level.
(a) When the city's only action on a proposal is a decision on a building permit or other permit that
requires detailed project plans and specifications, the applicant may request in writing that the city
conduct an environmental review prior to submission of the plans and specifications. In addition to the
required environmental documents, the applicant shall submit any additional information as determined
by the responsible official.
(b) An applicant may request in writing early notice of whether a determination of sign\ficance (DS)
is likely under the following conditions:
(1) The request shall precede the city's actual threshold determination for the proposal;
(2) The proposal is sufficiently definite to allow meaningful environmental analysis;
(3) Adequate information is available on the proposed action and potential environmental impacts
to make a threshold determination;
(4) The responsible official may require that additional information be submitted prior to
responding to the request for early notice.
(c) The responsible official's response to the request for early notice may:
(1) State whether the city currently considers issuance of a determination of significance likely
and, if so, indicate the general or specific areas of concern that are leading the city t~ consider a
determination of significance and whether any additional information is needed. The respon,sible official
. may also indicate that with the approval of the applicant, a determination of significance would be issued
and scoping initiated.
Exhibit I, FWCC Chapter 18, "Environmental Protection" , Page 3
(2) State that the applicant may change or clarify the proposal to mitigate the indicated impacts,
and may revise the environmental checklist and/or proposal as necessary to reflect the changes or
clarifications.
(d) The city's written response to a request for early notice shall not be construed as a determination
of significance or nonsignificance. Preliminary discussion of clarifications of or changes tQ a proposal
shall not bind the city to consider the clarification or changes in its threshold determination. (Ord. No. 90-
40, S 1(20.110.10 - 20.110.40),2-27-90; Ord. No. 04-468, S 3, 11-16-04)
18-79 Threshold determination - Environmental checklist.
(a) A completed environmental checklist shall be filed at the same time as an application for a permit,
license, certificate or other approval not exempted by this chapter unless the city and applicapt agree that
an environmental impact statement is required, or State Environmental Policy Act compliance has been
completed or initiated by another agency. The checklist shall be in the form of WAC 197-11-960 with
such additions that may be required by the responsible official in accordance with WAC 197-11-906(4).
(b) For private proposals, the applicant normally shall be required to complete the environmental
checklist, although the city may decide to complete all or part of the checklist if the following occurs:
(1) The city has technical information that is unavailable to the private applicant;
(2) The applicant has provided inaccurate information on previous or current propos~ls. (Ord. No.
90-40, S 1(20.120.10,20.120.20),2-27-90; Ord. No. 04-468, S 3, 11-16-04)
18-80 Threshold determination of nonsignificance.
(a) If the responsible official determines there will be no probable significant adverse environmental
impacts from a proposal, the lead agency shall prepare and issue a determination of nonsignificance
(DNS) substantially in the form provided in WAC 197-11-970. If an agency adopts another
environmental document in support of a threshold determination, the notice of adoption (W,AC 197-11-
965) and the DNS shall be combined or attached to each other.
(b) When a DNS is issued for any of the proposals listed in subsection (b)(1) of this section, the
requirements of this subsection shall be met. The requirements of this subsection do not app'ly to a DNS
issued when the optional DNS process in FWCC 18-82 is used.
(1) An agency shall not act upon a proposal for 14 days after the date of issuance of a DNS if the
proposal involves:
a. Another agency with jurisdiction;
b. Demolition of any structure or facility not exempted by WAC 197-11-800(2)(0 or 197-11-
880;
c. Issuance of clearing or grading permits not exempted in Part Nine of these rules;
d. A DNS under WAC 197-11-350(2), (3) or 197-11-360(4); or
e. A GMA action.
(2) The responsible official shall send the DNS and environmental checklist to agencies with
jurisdiction, the Department of Ecology, and affected tribes, and each local agency or political
subdivision whose public services would be changed as a result 0f implementation of the p'roposal, and
shall give notice under FWCC 18-49.
(3) Any person, affected tribe, or agency may submit comments to the lead agency within 14 days
ofthe date of issuance of the DNS.
(4) The date of issue for the DNS is the date the DNS is sent to the Department of :Ecology and
agencies with jurisdiction and is made publicly available.
(5) An agency with jurisdiction may assume lead agency status only within this 14-day period
(WAC 197-11-948).
. (6) The responsible official shall reconsider the DNS based on timely comments and may retain
or modify the DNS or, if the responsible official determines that significant adverse impacts are likely,
withdraw the DNS or supporting documents. When a DNS is modified, the lead agency shall send the
modified DNS to agencies with jurisdiction.
Exhibit I, FWCC Chapter 18, "Environmental Protection" Page 4
(c)(1) The lead agency shall withdraw a DNS if:
a. There are substantial changes to a proposal so that the proposal is likely to have significant
adverse environmental impacts;
b. There is significant new information indicating, or, on, a proposal's probable significant
adverse environmental impacts; or
c. The DNS was procured by misrepresentation or lack of material disclosure; if such DNS
resulted from the actions of an applicant, any subsequent environmental checklist on the proppsal shall be
prepared directly by the lead agency or its consultant at the expense of the applicant.
(2) Subsection (c)(1 )(b) of this section shall not apply when a nonexempt license has been issued
on a private project.
(3) If the lead agency withdraws a DNS, the agency shall make a new threshold d'~termination
and notify other agencies with jurisdiction of the withdrawal and new threshold determination. If a DS is
issued, each agency with jurisdiction shall commence action to suspend, modify, or revoke any approvals
until the necessary environmental review has occurred (see also WAC 197-11-070). (Ord. No, 04-468, S 3,
11-16-04)
18-81 Threshold determination - Mitigated determination of nonsignificance.
(a) The responsible official may issue a determination of nonsignificance based on mItIgating
conditions attached to the proposal by the responsible official or on changes or clarifications proposed by
the applicant. When an applicant submits a changed or clarified proposal with a revised checklist, the city
shall base its threshold determination on the changed or clarified proposal as follows:
(1) If the citY indicated specific mitigation measures in response to the request for early notice,
and the applicant included those measures, the city shall issue a determination of nonsigni:ficance if no
additional information or mitigation is required.
(2) If the city indicated areas of concern, but did not indicate specific mitigation measures, the
city shall issue a determination of nonsignificance or determination of significance as appropIjiate.
(3) The applicant's proposed clarification, changes, mitigations or other conditions must be
specific and presented in writing.
(b) Mitigation measures justifying issuance of a mitigated determination of nonsignificance may be
incorporated in the determination of nonsignificance by reference to agency staff reports, studies or other
documents.
(c) Mitigation measures incorporated in the mitigated determination of nonsignifica:pce shall be
conditions of approval of the permit and may be enforced in the same manner as any conqitions of the
permit, or any other manner as prescribed by the city. Failure to comply with the designated mitigation
measures shall be grounds for suspension and/or revocation of any license issued.
(d) The city shall not act upon a proposal for which a mitigated determination of nonsigJ)ificance has
been issued until the appeal period has expired.
(e) If the city's tentative decision on a permit or approval does not include mitigation IT.\easures that
were incorporated in a mitigated determination of nonsignificance for the proposal, the city should
evaluate the threshold determination to assure consistency with WAC 197-ll-340(3)(a) relating to the
withdrawal ofa determination of non significance. (Ord. No. 90-40, S 1(20.130.10 - 20.130.50),2-27-90; Ord.
No. 04-468, S 3,11-16-04)
18-82 Optional DNS process.
(a) If the city pas a reasonable basis for determining significant adverse environmental impacts are
unlikely, it may use a single integrated comment period to obtain comments on the notice Qf application
and the likely threshold determination for the proposal. If this process is used, a second comment period
will typically not be required when the DNS is issued (refer to subsection (d) of this section).
(b) If the lead agency uses the optional process specified in subsection (a) of this section, the lead
agency shall:
Exhibit I, FWCC Chapter] 8, "Environmental Protection" ., Page 5
(1) State on the first page of the notice of application that it expects to issue a llDNS for the
proposal, and that:
a. The optional DNS process is being used;
b. This may be the only opportunity to comment on the environmental imp'acts of the
proposal;
c. The proposal may include mitigation measures under applicable codes, and the project
review process may incorporate or require mitigation measures regardless of whether an EIS, is prepared;
and
d. A copy of the subsequent threshold determination for the specific propo,sal may be
obtained upon request (in addition, the lead agency may choose to maintain a general mailing list for
threshold determination distribution).
(2) List in the notice of application the conditions being considered to mitigate environmental
impacts, if a mitigated DNS is expected;
(3) Comply with the requirements for a notice of application and public notice in FWCC 18-49;
and
(4) Send the notice of application and environmental checklist to:
a. Agencies with jurisdiction, the Department of Ecology, affected tribes, and each local
agency or political subdivision whose public services would be changed as a result of impletnentation of
the proposal; and
b. Anyone requesting a copy of the environmental checklist for the specific proposal (in
addition, the lead agency may choose to maintain a general mailing list for checklist distribution).
(c) If the lead agency indicates on the notice of application that a DNS is likely, an ~gency with
jurisdiction may assume lead agency status during the comment period on the notice of application (W AC
197-11-948).
(d) The responsible official shall consider timely comments on the notice of application and either:
(I) Issue a DNS or mitigated DNS with no comment perioG using the procedures in subsection (e)
of this section;
(2) Issue a DNS or mitigated DNS with a comment period using the procedures in subsection (e)
of this section, if the lead agency determines a comment period is necessary;
(3) Issue a DS; or
(4) Require additional information or studies prior to making a threshold determination.
(e) If a DNS or mitigated DNS is issued under subsection (d)(1) of this section, the lead !agency shall
send a copy of the DNS or mitigated DNS to the Department of Ecology, agencies with jurisqiction, those
who commented, and anyone requesting a copy. A copy of the environmental checklist need not be
recirculated. COrd. No. 04-468,93, 11-16-04)
18-83 - 18-95 Reserved.
1:\2006 Code Amendments\Small Lot and Zero Lot Line Amendments\Planning Commission\Exhibit I Chapter18.doc
.. Exhibit 1, FWCC Chapter 18, "Environmental Protection" Page 6
Exhibit 2
Federal Way City Code (FWCC)
Chapter 20. Subdivisions
Articles:
I. In General
II. Plats
III. Design Criteria
IV. Improvements
V. Public Improvement Assessments
Article I.
IN GENERAL
Sections:
20-1 Definitions.
20-2 Purpose.
20-3 Exemptions.
20-4 Interpretation - Conflict.
20-5 Violations, enforcement and penalties.
20-6 Vertical datum.
20-7 - 20-20 Reserved.
20-1 Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanipgs ascribed
to them in this section, except where the context clearly indicates a different meaning:
Binding site plan means a plan drawn to scale processed in accordance with the provi~ions of this
chapter and Chapter 58.17 RCW. Binding site plans are divisions of land for sale or ground lease for
commercial, industrial, and manufactured home parks-use, and where land is divided as part of
condominium w;e development. .
Cluster subdivision means a form of development that permits reduction in lot area. provided that
there is no increase in the number of lots permitted under a conventional subdivision. and the remaining
area is devoted to open space. or preservation Of critical areas. . ,
Condominium means a building. or group of buildings, in which dwelling units, offices.ior floor area
are owned individually and the structure. common areas, and facilities are owned bv all thdowners on a
proportionaL undivided basis. '
Cottage housing means a grouping (four to 16) of small, single-family dwelling units clustered
around a common area and developed with a coherent plan for the entire site. The shared common area
and coordinated design allow densities that are somewhat higher than typical single-family ne~ighborhoods
(see FWCC 22-1). . ~
Dedication means the deliberate appropriation of land by its owner for general and public use or
purpose, reserving no other rights than these that are compatible with the full exercise and ~njoyment of
the public use or purpose to which the property has been devoted.
Department means an administrative department of the city titled the departInent of community
development services. .
Final plat means the final drawing of the subdivision and dedication prepared for filit:lg for record
with the county auditor and containing all elements and requirements set forth for final plats in this
chapter and as required by state law. Final plat applies to conventional and cluster subdivisions. cottage
housing, zero-lot line townhouse development, and small lot detached development of ten or more lots.
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page I of 54
Flag lot or "panhandle lot" means a platted lot in the shape of a flag or pan that is conNected to the
road or street right-of-way by a narrow strip of land. The narrow strip of land connecting the l~ain portion
of the lot to the road or street right-of-way is the "flag pole" or "access panhandle" part ofthe';lot.
Hearing examiner means the hearing examiner operating pursuant to the powers and du~ies set forth
by Chapter 22 FWCC, Zoning.
Issuance, when used with respect to a decision of the director of community developmen.t services or
a decision of the hearing examiner issued under this chapter, means the date that is three d~ys after the
date the written decision of the director or hearing examiner is mailed. Proof of mailing shall be affidavit
or by declaration under penalty of perjury.
Issuance, when used with respect to a city council decision made by ordinance or reso.lution while
sitting in a quasi-judicial capacity, means the date on which the council passes the ordinance or
resolution, as evidenced by the date of passage indicated on the face of the ordinance or resoltltion.
Land division means any process by which individual lots,. parcels, or tracts are created for the
purpose of sale, lease, or transfer. Land divisions include, lDut are not limited to, conventional
subdivisions (both short and long plats), binding: site plans, cluster'subdivisions, cottage housing, zero-lot
line townhouse development, and small lot detached development.
Lot means a parcel of land having fixed boundaries described by reference to a recqrded plat; a
recorded binding site plan; by metes and bounds; or by section, township, and range; and be, of sufficient
area to meet minimum zoning requirements.
Lot line elimination means the removal of interior lot lines of two or more separate lots with
contiguous ownership.
Open record hearing means a hearing that creates the city's r,ecord of decision for an application or
appeal through testimony and submission of evidence and information, under procedures p'rescribed by
the city's hearing examiner or the city council. An open record hearing may be held prior'to the city's
decision on an application, or as part of an appeal.
Panhandle lot means flag lot.
Plat means a map or representation of a subdivision showing ithe division of a tract or garcel of land
into lots, blocks, streets, alleys, or other divisions and dedications.
Preliminary plat means a neat approximate drawing of a proposed subdivision showing the general
layout of streets and alleys, lots, blocks, and restrictive covenants to be applicable to the subpivision, and
other elements of a plat or subdivision which shall furnish a basis for the approval or disapproval of the
general layout of a subdivision. Preliminary plat applies to conventional and cluster subdivisions, cottage
housing, zero-lot line townhouse development, and small lot detac~ed development often or more lots.
Public TJuroose lands mean acreage of tracts (or other areas) dedicated for retention/detention/
drainage facilities, open space and parks, or other on-site public facilities. I
Right-of-way means land dedicated or conveyed to the public or a unit of government~. the primary
purpose of which is the movement of vehicles and pedestrians and providing for acceS$ to adjacent
parcels, with the secondary purpose of providing space for util,ity lines and appurtenanc~s and other
devices and facilities benefiting the public.
Short plat means a final drawing of the short subdivision and dedication prepared for filing for record
with the county auditor and containing all elements and requirements set forth for short subdivisions in
this chapter and as required by state law. Short plat applies to conventional and cluster subdivisions,
cottage housing, zero-lot line townhouse development, and small lot detached developmebt of nine or
fewer lots, as well as binding site plans. . '
Short subdivision means the division or redivision of land into fetlF nine or less fewer lots, tracts,
parcels, sites, or divisions for the purpose of sale, lease, or transfer including divisions oflartd into lots or
tracts which are one-one hundred twentieth of a section of land or larger, or five acres or larger if the land
is not capable of description as a fraction of a section of land; provided, that for purposes of computing
the size of aflY ~ lot under this seotion, which is one-one hundred twentieth of a section of land or larger,
or five acres or larger, and which borders on a street or road, the lot size shall be expanded t'o include the
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 2 of 54
area which would be bounded by the centerline of the road or street and the side lot lines of the lot
running perpendicular to such center lot line.
Small lot detached develooment means a division or redivision of land to create detached
residential dwelling units in multifamily-zoned property. Each unit is located on its own fee-simple lot.
One of the dwelling unit's sides may rest on a lot line (zero lo~ line) when certain site development
conditions are met.
Subdivider, developer or platter means any person or authorized representative undertaking the
subdividing or resubdividing of a lot, block or other parcel of land.
Subdivision means the division or redivision of land into 4We ten or more lots, tracts, pan;;els, sites, or
divisions for the purpose of sale, lease, or transfer and including all resubdivision of laIld except as
provided in this chapter including divisions of land into lots or tracts which are one-0ne hundred
L
twentieth of a section of land or larger, or five acres or larger if the land is not capable of description as a
fraction of a section of land; provided, that for purposes of computing the size of aflJ' f! 10t under this
section, which is one-one hundred twentieth of a section of land or larger, or five acres or larger, and
which borders on a street or road, the lot size shall be expanded to include the area whiCh would be
bounded by the centerline of the road or street and the side lot liDes of the lot running perpendicular to
such center lot line.
Townhouse means a type of attached multi-familv dwelling in a row of at least two such units in
which each unit has its own front and rear access to the outside, no unit is located over another unit, and
each unit is separated from anv other unit bv one or more vertical common fire-resistant walls.
Tract means a fractional part of subdivided lands having fixed boundaries, which is dedicated or
reserved by appropriate covenant or plat restriction for purposes of ingress, egress, utility access, open
space, drainage or other purpose necessary to the public welfare.
Zero lot line means the location of a building in such a manner that one or more of th,e building's
sides rest directly on a lot line.
Zero lot line townhouse development means the division of land to create attached residential units
with common (or "party") walls. Each unit is located on a lot in such a manner .that one or~ more of the
dwelling's sides rests on a lot line. Each unit has its own entrance opening to the outdoors (to the street,
allev, or private tract) and typicallv, each house is a complete entity with its own utilitv.~connections.
Although most townhouses have no side vards, they have front and rear vards. The land dn which the
townhouse is built, and any vard, is owned in fee-simple. ' "
Zoning restriction means the restrictions contained in Chapter 22 FWCe, Zoning. (Ord. No. 90-41, S
1(16.20),2-27-90; Ord. No. 97-291, S 3, 4-1-97; Ord. No. 98-309, S 3, 1-6-98)
20-2 Purpose.
This chapter is adopted in furtherance of the comprehensive plan of the city. It is hereby declared that
the regulations contained in this chapter are necessary to:
(1) Promote the health, safety and general welfare in accordance with standards established by the
state and the city; ~ .
(2) Promote effective use of land by preventing the overcrowding or scattered development which
would injure health, safety or the general welfare due to the lack of water supplies, sanitary sewer,
drainage, transportation or other public services, or excessive ,expenditure of public funds for such
services;
(3) Avoid congestion and promote safe and convenient travel by the public on streets and
highways through the proper planning and coordination of new streets within subdivision with existing
and planned streets in the surrounding community;
(4) Provide for adequate light and air;
(5) Provide for water, sewage, drainage, parks and recreational areas, sites for schools and school
grounds and other public requirements;
(6) Provide for proper ingress and egress;
(7) Provide for housing and commercial needs of the community;
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 3 of 54
(8) Require uniform monumenting of land divisions and conveyance of ac<;:urate legal
descripti ons;
(9) Protect environmentally sensitive areas;
(10) Provide for flexibility in site design to accommodate view enhancement and. protection,
protection of streams and wetlands, protection of steep slopes and other environmental significant or
sensitive areas. (Ord. No. 90-41, S 1(16.10.20),2-27-90; Ord. No. 97-291, S 3, 4-1-97)
20-3 Exemptions.
The provisions of this chapter shall not apply to Subdivision review is not required for:
(1) Cemeteries and other burial plots while used for that purpose;
(2) Divisions made by testamentary provisions, or the laws of descent;
(3) Divisions of land into lots or tracts classified for industrial or commercial use when the city
has approved a binding site plan for the use of the land;
(4) Division for the purpose of lease when no residential structure other than mobile homes or
travel trailers are permitted to be placed upon the land when the city has approved a binding site plan for
the use of the land;
(5) Division made for the purpose of alteration by adjusting boundary lines between platted or
. .
unplatted lots or both, which does not create any additional lot, tract, parcel, site, or divisiQn nor create
any lot, tract, parcel, site, or division which contains insufficient ,area and dimension to meet minimum
requirements for width and area for a building site; this shall not apply to "alterations of plats" as
provided for in Division 8 of this chapter;
(6) Division of land into lots or tracts Condominium development if: (a) Such division is a result
of subjecting a portion of a parceL or tract of land to either Chapter 64.32 RCW (Horizontal Regimes Act)
or Chapter 64.34 RCW (Condominium Act) subsequent to the recording of a binding site plal2- for all such
land; and there is no division of land.
(7) Divisions of land due to condemnation or sale under threat thereof, by an agency or division
of government vested with the power of condemnation;
(8) Divisions or acquisition ofland for public right-of-way.
. (9) Division for the purpose of leasing land for facilities providing personal wireless services
while used for that purpose. "Personal wireless services" means anv [ederallv licensed pers~nal wireless
service. "Facilities" means un-staffed facilities that are used for the transmission or reception, or both. of
wireless communication services including, but not necessarily limited to, antenna arrays.:transmission
cables, equipment shelters, and support structures;
(10) A division of land into lots or tracts of less than three acres that is recorded in accordance
with chapter 58.09 RCW and is used, or to be used, for the purpose of establishing a site for,construction
and operation of consumer-owned or investor-owned electric utility facilities. For pUrboses of this
subsection, "electric utility facilities" means un-staffed facilitie~. except for the presenc~ of security
personneL that .are used for or in connection with or to facilitate the transmission, distribution. sale. or
furnishing of electricity including, but not limited to, electric power substations. This subsection does not
exempt a division of land from the zoning and permitting laws and regulations of cities. toWns. counties,
and municipal corporations. Furthermore, this subsection onlv applies to electric utility faciliities that will
be placed into service to meet the electrical needs of a utility's existing and new customers. New
customers are defined as electric service locations not already in existence as of the date~ that electric
utility facilities subiect to the provisions of this subsection are planned and constructed. (Ord.~No. 97-291, 9
3, 4-1-97)
20-4 Interpretation - Conflict.
(a) In their interpretation and application, the provisions of this chapter shall be held to be the
minimum requirements. More stringent provisions may be required if it is demonstrated that different
standards are necessary to promote the public health, safety and welfare.
(b) Where the conditions imposed by any provisions of this chapter are either more restrictive or less
restrictive than comparable conditions imposed by any other provisions of this chapter of' 'of any other
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 4 of 54
applicable law, ordinance, resolution, rule or regulation of any kind, the regulations which are more
restrictive and impose higher standards or requirements shall govern. (Ord. No. 90-4 1, 9; 1 (16.450. I 0,
16.450.20),2-27-90; Ord. No. 97-291,93,4-1-97)
20-5 Violations, enforcement and penalties.
(a) Any person or any agent thereof who divides land into lots, tracts, or parcels of land and sells or
transfers, or offers or advertises for sale or transfer, any such lot, tract or parcel without having a final
plat, short plat, boundary line adjustment, or binding site plan filed for record, or who otherwise violates
or fails to comply with any of the provisions of this chapter, or any amendment thereto, shall be guilty of
a gross misdemeanor punishable by a fine of not more than $5,000 for each offense. Each such sale, offer
for sale, lease or transfer of each separate lot, tract or parcel ot; land shall be deemed a ?eparate and
distinct offense; provided, however, an offer or agreement to sell, lease, or otherwise transfer a lot, tract
or parcel of land following preliminary plat approval shall not be deemed in violation of this chapter if
performance of the offer or agreement is expressly conditioned on the recording of tQe final plat
containing the lot, tract or parcel. All payments on account of Ian offer or agreement cop.ditioned as
provided in this section shall be deposited in an escrow or other regulated trust account and no
disbursement to the seller shall be permitted until the final plat is recorded.
(b) Whenever land within a subdivision granted final approval is used in a manner or for a purpose
which violates any provision of this chapter, any provision of the local subdivision regulations, or any
term or condition of plat approval prescribed for the plat by the local government, then the; prosecuting
attorney, or the attorney general if the prosecuting attorney shall fail to act, may commence an action to
restrain and enjoin such use and compel compliance with the provisions of this chapter or the local
regulations, or with such terms or conditions. The costs of such action may be taxed against the violator.
~
(c) Any person who violates any court order or injunction issued pursuant to this chapter shall be
subject to a fine of not more than $5,000 or imprisonment for not more than 90 days or both.
(d) No building permit, septic tank permit, or other development permit, shall be issued for any lot,
tract, or parcel of land divided in violation ofthis chapter or local regulations adopted pursuant thereto
unless the authority authorized to issue such permit finds that the public interest will not be adversely
affected thereby. The prohibition contained in this section shall not apply to an innocent purchaser for
value without actual notice. All purchasers' or transferees' propetity shall comply with provisions of this
chapter and each purchaser or transferee may recover his or her damages from any person, firm,
corporation, or agent selling or transferring lanQ in violation of this chapter or local regulations adopted
pursuant thereto, including any amount reasonably spent as a result of inability to obtain any development
permit and spent to conform to the requirements of this chapter as well as cost of investigation, suit and
reasonable attorneys' fees occasioned thereby. Such purchaser or transferee may as an ~ltemative to
confoIlTIing his property to these requirements, rescind the sale, or transfer and recoyer costs of
investigation, suit and reasonable attorneys' fees occasioned thereby.
(e) In the alternative or, to the extent allowed by law, in addition to the remedies pres~ribed in this
section, the city, through its authorized agents, may commence an action to enforce this chapter, any local
subdivision regulation or any term or condition of plat approval prescribed by the city counc.il, according
to Chapter 1 FWCC, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does
not limit any other forms of enforcement available to the city including, but not limited to, criminal
sanctions as specified in this section and in Chapter I FWCC, Articles II, III, nuisAnce INuisance and
Injunction Actions, or other civil or equitable actions to abate, discontinue, correct or discour~ge unlawful
acts in violation of this chapter, any local subdivision regulation or any term or condition of plat approval
prescribed by the city council. The city may also commence an action to restrain and enjoin violations of
this chapter or of any term or condition of plat approval prescribed by the city, and/or to compel
compliance with the provisions of this chapter, or with such terms or conditions. In the even.t such action
is commenced, the costs of such action may be taxed against the violator. (Ord. No. 90-41, 9 I (16.460.10,
16.460.20),2-27-90; Ord. No. 97-291, S 3,4-1-97; Ord. No. 99-342, S 1 1,5-4-99)
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 5 of 54
20-6 Vertical datum.
Where topography is required to be shown, the land survey data must be based on the National
Geodetic Vertical Datum (NGVD-29). NGVD-29 datum information is on file with the city public works
department. (Ord. No. 97-291, ~ 3, 4-1-97)
20-7 - 20-20 Reserved.
Article II.
. PLATS
Sections:
Division 1. Generally
20-21 Preapplication conference.
20-22 Application cancellation.
20-23 - 20-40 Reserved.
Division 2. Boundary Line Adjustments
20-41 Scope.
20-42 Review process.
20-43 Applications.
20-44 Determination of completeness.
20-45 . Director's decision.
20-46 Recordation.
Division 3. Lot Line Eliminations
20-47 Scope.
20-48 Review process.
20-49 Applications.
20-50 Drawing requirements.
20-51 Determination of completeness.
20-52 Director's decision.
20-53 Recordation.
20-54 - 20-60 Reserved.
Division 4. Binding Site Plans
20-61 Subdivisions requiring binding site plan.
20-62 Application.
20-63 Determination of completeness.
20-64 Plan review.
20-65 Director's decision.
20-66 Recordation.
20-67 Identification of other restrictions.
20-68 Alteration of binding site plan.
2Q 69 2Q 80 Reserved.
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 6 of 54
Division 5. Cottage Development
20-69 Application and review process.
Division 6. Zero-Lot Line Townhouse Development
20- 70 Application and review process.
Division 7. Small Lot Detached Development
20-71 Application and review process.
~ 20-72 - 20-80 Reserved.
Division S ~. Short Subdivision !Plats
20-81 Application and review process.
20-82 Preapplication conference.
20-83 Content and form of application.
20-84 Routing.
20-85 Determination of completeness.
20-86 Time limitation for approval or disapproval of plats ~ Extension.
20-87 Compliance with State Environmental Policy Act.
20-88 Process for review.
20-89 Official file.
20-90 Notice.
20-91 Burden of proof.
20-92 Written comments.
20-93 Director's decision.
20-94 Appeals.
20-95 Notice of appeal hearing.
20-96 Participation in the appeal.
20-97 . Scope of the appeal.
20-98 Staff report on appeal.
20-99 Public hearing. on appeal.
20-100 Electronic sound recordings.
20-101 Burden of proof.
20-102 Continuation of the hearing.
20-103 Decision on appeal. I
20-104 Judicial review.
20-105 Departmental action.
20-106 Effect - Duration approval.
20-107 Effect - Time extension.
20-108 Improvements - Completion or guarantee.
20-108.5 Alteration and vacation of short plats.
20-109 Recording of short plat.
Division 62. Preliminary Plat
20-110 General procedure.
20-111 Content and form of application.
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 7 of 54
---.----
20-112 Conformance with applicable codes and standards.
20-113 Determination of completeness - Routing.
20-114 Time limitation for approval or disapproval of plats.
20-115 Completion of environmental policy process.
20-116 Process for review.
20-117 Official file.
20-118 Notice of application.
20-119 Notice of public hearing.
20-120 Report to hearing examiner - Review.
20-121 Public hearing.
20-122 Electronic sound recording.
20-123 Burden of proof.
20-124 Public comments and participation at the hearing.
20-125 Continuation of the hearing.
20-126 Recommendation by the hearing examiner.
20-121 City council review, action.
20-128 Notice of decision on preliminary plat application.
20-129 Effect of decision.
20-130 Judicial review.
20-131 Duration of approval. .
Division 1- 10. Final Plat
20-132 Submission.
20-133 Contents.
20-134 Time limitation for approval or disapproval of final plats.
20-135 Improvements - Completion or guarantee.
20-136 Approval and filing.
20-137 Appeal of decision on final plat.
20-138, 20-139 Reserved.
Division 8 11. Alterations of Plats
20-140 Plat alteration distinguished from boundary line adjustment.
20-141 Alteration application.
20-142 Acceptance of application - Routing.
20-143 . Process for review and notice of public hearing.
20-144 Report to hearing examiner - Review.
20-145 City council review, action.
20-146 Effect - Duration of approval.
20-147 Final drawings.
Division 9-12. Vacation of Subdivisions
20-148 Plat vacation application.
20-148.2 Acceptance of application - Routing.
20-148.4 Process for review and notice of public hearing.
20-148.6 Report to hearing examiner - Review.
20-148.8 City council review, action.
20-149,20-150 Reserved.
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 8 of 54
Division 1. Generally
20-21 Preapplication conference.
For the purpose of expediting applications and reducing subdivision and site plan design and
development costs, a preapplication conference is required for all preliminary plats. The de~eloper may
request a preapplication conference for short plats and binding site plans. Preapplication conferences are
conducted in accordance with the following requirements:
(I) The director or designated staff member shall schedule a preapplication conference. The
preapplication conference shall allow the applicant to meet with appropriate representatives of city
departments and other agencies.
(2) Applicants seeking a preapplication conference shall submit information describing the site,
location, topography of the site, and a general concept plan indicating the layout of streets and lots.
Information relating to the location and size of utilities shall also !be provided. This information shall be
provided at least 20 working days prior to the preapplication conference.
(3) A brief written summary of the preapplication conference (checklists may be substituted) shall
be provided by the director or designated staff member following the preapplication conference.
(4) The applicant may be charged reasonable fees for a preapplication conference.
(5) The preapplication conference is advisory only and neither the proponent nor the technical
staff shall be bound by any determinations made therein. (Ord. No.. 90-41, S 1(16.40),2-27-90; Ord. No.. 97-
291, S 3, 4-1-97)
20-22 Application cancellation.
If an applicant for a boundary line adjustment, lot line 'elimination, binding site plan, short
subdivision plat, preliminary plat, final plat, alteration of plat, or vacation of subdivision fails to provide
additional information to the city within 180 days of being notified by mail that such information is
requested, the application shall be deemed null and void and the city shall have no duty to process,
review, or issue any decision with respect to such an application. (G>rd. No.. 00-375, S 5, 10-3-00)
..
20-23 - 20-40 Reserved.
Division 2. Boundary Line Adjustments
20-41 Scope.
(a) Boundary line adjustments shall be a minor alteration in the location of lot boundarie.s on existing
lots. Such alteration shall not increase the number of lots nor ,diminish in size open spflce or other
protected environments.
(b) Such alteration shall not diminish the size of any lot so as to result in a lot of less square footage
than prescribed in the zoning regulations.
(c) Such alteration shall not result in the reduction of setbacks or site coverage to less than prescribed
by the zoning regulations.
(d) All lots resulting from the boundary line alteration shall be in conformance with the design
standards of this chapter. (Ord. No.. 90-41, S 1(16.200.10),2-27-90; Ord. No. 97-291, S 3,4-1-97)
20-42 Review process.
The director of community development services shall administratively approve boundary line
adjustments pursuant to this division. No other review process under this chapter shall be required for
boundary line adjustments. (Ord. No. 90-41, S ] (16.200.10), 2-27-90; ard. No.. 97-29], S 3,4-1-97)
20-43 Applications.
Applications for boundary line adjustments shall be submitted to the department of community
development services in essentially the same form as a short plat and shall include t~e following
information:
Exhibit 2, FWCC Chapter 20, "Subdivisions" ~ Page 9 of 54
(I) If applicable under FWCC 22-1221 et seq., regarding environmentally sensitive areas,
completed checklists or other required environmental documentation;
(2) The existing lot lines shown in dashed lines and the area, in square feet, of each of the lots;
(3) The new lot lines shown in solid lines and the ar~a, in square feet, of each of the new lots;
(4) The location of all structures on the lots and the distance of each from both the existing and
proposed lot lines, when such distance is less than 50 feet;
(5) The location of all existing driveways and recorded easements for access, utilities or other
purposes. (Ord. No. 90-41, 91(16.200.20),2-27-90; Ord. No. 97-291, 93,4-1-97)
20-44 Determination of completeness.
(a) Completeness.
(1) Within 28 calendar days of receiving an application, the city must determine whether the
application is complete. The city will apply FWCC 20-43 to determine completeness. If th~ city deems
the application to be complete, a letter of completeness must be issued prior to the 28-day deadline. If the
city determines the application to be incomplete, the city shall notify the applicant of what needs to be
submitted for a complete application. In this written determination, the city shall also identify, to the
extent known to the city, the other agencies of local, state, or federal government th'1:t may have
jurisdiction over some aspect of the proposed development activity. An application shall be deemed
complete under this section if the city does not provide a written determination to the. applicant as
required in this subsection.
(2) Within 14 days after an applicant has submitted the additional information identified by the
city as being necessary for a complete application, the city shall notify the applicant whether the
application is complete or whether additional information is necessary.
(b) Additional information. Issuance of a letter of determination of completeness shall not preclude
the city from requesting additional information or studies, either at the time of the letter of completeness
or subsequently, if new information is required or substantial changes in the proposed action occur. (Ord.
No. 97-291, 93,4-1-97)
20-45 Director's decision.
The director will endeavor to issue his or her decision on the [land use and design comp<;>nents of the
project permit approval within 120 days of the issuance of the letter of completeness issued pursuant to
FWCC 20-44, except that the following periods shall not be included in the calculation of, the l20-day
period:
(a) Any period during which the applicant has been requested by the city to correct plans, perform
required studies, or provide additional required information. In these instances, the period excluded from
the 120-day calculation shall begin on the date the city notifies the applicant of the need for additional
information and run until the earlier of the date the city determines whether the additional information
satisfies the request for information or 14 days after the date the information has been pr<~vided to the
city. If the city determines that the information submitted by the applicant under this subsection is
insufficient, it shall notify the applicant of the deficiencies and the procedures under this sutsection shall
apply as if a new request for studies had been made.
(b) Any extension oftime mutually agreed upon by the applicant and the city.
The 120-day time period does not apply if an application for 'a boundary line adjustment is part of a
project that requires an amendment to the comprehensive plan or this chapter; requires appr()val of a new
fully contained community as provided in RCW 36.70A.350, a master planned resort as provided in RCW
36.70A.360, or the siting of an essential public facility as provided in RCW 36.70A.2.00; or if an
application for a boundary line adjustment is substantially revised by the applicant, in which case the time
period shall start from the date at which the revised project application is determined to be complete
under FWCC 20-44.
If the director is unable to issue his or her final decision on an application as provided in this
subsection, the director shall provide written notice of this fact to the applicant. The notice shall include a
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 10 of 54
statement of reasons why the decision has not been issued within the 120-day period, and an estimated
date for issuance of the notice of final decision. (Ord. No. 97-291, ~ 3, 4-1-97)
20-46 Recordation.
All approved boundary line adjustments shall be recorded wi~h the county division of elections and
records in the same manner as a short subdivision. Such recorded document shall reference the recording
number of the plat or short plat which is being altered by the boundary line adjustment. (Ord. No. 90-41, S
1(16.200.30),2-27-90; Ord. No. 97-291, ~ 3, 4-1-97)
Division 3. Lot Line Eliminations
20-47 Scope.
The purpose of a lot line elimination is to remove interior lot lines of a parcel comprised of two or
more separate lots with contiguous ownership. (Ord. No. 97-291, ~ 3,4-1-97)
20-48 Review process.
Lot line eliminations are reviewed administratively by the public works department. An application
for a lot line elimination is evaluated on the basis of the information provided by the applica\tt. No other
review process under this chapter shall be required for lot line eliminations. (Ord. No. 97-291, ~ 3, 4-1-97)
20-49 Applications.
Applications for lot line eliminations shall be submitted to the public works department in the form
described below and shall include the following information:
(1) Completed general application form signed by all vested owners. Agent authorization is
required if application is not signed by the owner(s). Names, addresses, and phone numbers <of all vested
owners shall be included.
(2) Lot line elimination application fee payable to the city of Federal Way.
(3) Lot line elimination and restrictive covenant fully executed and notarized by all vested
owners.
(4) Complete and accurate legal descriptions of the original parcels set forth in the lot line
elimination and restrictive covenant.
(5) Complete and accurate legal description of the revised parcel set forth in the lot line
elimination and restrictive covenant.
(6) Copy of a title report not more than one year old, or, a copy of the deed conveying title to
property owner(s).
(7) Two copies of accurate, scaled drawings of the original and revised parcels meeting the
requirements listed below. (Ord. No. 97-291, ~ 3,4-1-97)
20-50 Drawing requirements.
The drawing sheet shall be eight and one-half inches by 11 inches in size drawn at an. engineering
scale of one inch represents 50 inches or larger. A larger sheet size may be used, if necessary, up to a
maximum of 18 inches by 24 inches. The drawings shall include the following information:
(1) The original parcel lot lines shall be shown with heavy, solid lines. The location of all streets
and structures shall be shown. The drawing shall clearly show property dimensions, distances from all
structures to property lines, and the use of all structures.
(2) The revised exterior parcel lot lines shall be shown with heavy, solid lines. The interior lot
lines to be eliminated shall be shown with a light, dashed line. The location of all streets a~d structures
shall be shown. The drawing shall clearly show property dimensions, distances from all structures to
property lines, and the use of all structures.
(3) A north arrow, with north oriented to the top of the sheet, shall be shown on each,drawing.
(4) Tax parcel numbers of the parcels being altered by the lot line elimination shall be shown.
(Ord. No. 97-291, S 3,4-1-97)
Exhibit 2, FWCC Chapter 20, "Subdivisions" . Page II of 54
20-51 Determination of completeness.
(a) Completeness.
(1) Within 28 calendar days of receiving an application, the city must determine whether the
application is complete. The city will determine completeness by applying FWCC 20-49 and 20-50. If the
city deems the application to be complete, a letter of completeness must be issued prior to the 28-day
deadline. If the city determines the application to be incomplete, the city shall notify the applicant of what
needs to be submitted for a complete application. In this written determination, the city shall also identify,
to the extent known to the city, the other agencies of local, state, or federal government that may have
jurisdiction over some aspect of the proposed development actiiVity. An application shall be deemed
complete under this section if the city does not provide a written determination to the ~applicant as
required in this subsection.
(2) Within 14 days after an applicant has submitted the additional information identified by the
city as being necessary for a complete application, the city shall notify the applicant whether the
application is complete or whether additional information is necessary.
(b) Additional information. Issuance of a letter of completeness shall not preclude tbe city from
requesting additional information or studies either at the time of the letter of completeness or
subsequently if new information is required or substantial changes in the proposed action occur. (Ord: No.
97-291, S 3,4-1-97)
20-52 Director's decision.
The director will endeavor to issue his or her decision on an application for a lot line elimination
within 120 days of the issuance of the letter of completeness issued pursuantto FWCC 20-5 L except that
the following periods shall not be included in the calculation ofthe l20-day period:
(a) Any period d~ring which the applicant has been requested by the city to correct plflns, perform
required studies, or provide additional required information. In these instances, the period excluded from
the 120-day calculation shall begin on the date the city notifies the applicant of the need for additional
information and run until the earlier of the date the city determines whether the additional information
satisfies the request for information or 14 days after the date the information has been provided to the
city. If the city determines that the information submitted by the applicant under this lubsection is
insufficient, it shall notify the applicant of the deficiencies and the procedures under this subsection shall
apply as if a new request for studies had been made.
(b) Any extension of time mutually agreed upon by the applicant and the city.
The l20-day time period does not apply if an application for a lot line elimination is parI of a project
that requires an amendment to the comprehensive plan or this chapter; requires approval of a new fully
contained community as provided in RCW 36.70A.350, a master planned resort as provided in RCW
36.70A.360, or the siting of an essential public facility as provided in RCW 36.70A.200; or if an
application for a lot line elimination is substantially revised by the applicant, in which case the time
period shall start from the date at which the revised project application is determined to be complete
under FWCC 20-51.
If the director is unable to issue his or her final decision on an application for a lot line elimination as
provided in this subsection, the director shall provide written notice of this fact to the applicant. The
notice shall include a statement of reasons why the decision has not been issued within the l20-day
period, and an estimated date for issuance of the notice of final decision. (Ord. No. 97-291, S 3,4-1-97)
20-53 Recordation.
The city shall record all approved lot line eliminations with the King County division of elections and
records. A copy of the documents, stamped with the recordif\g number, shall be forwarded to the
applicant, the file, and the King County department of assessments for assessment purpo~es.. All fees for
such recording shall be paid by the applicant prior to recording. (Ord. No. 97-291, S 3,4-1-97)
20-54 - 20-60 Reserved.
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 12 of 54
---------
Division 4. Binding Site Plans
20-61 Subdivisions requiring binding site plan.
Division of any land for sale or lease which is classified for commercial, business, office, lor industrial
development, or which is to be developed as condominiums or a manufactured home park shall be
required to obtain an approved binding site plan in accordance with this and other ordinances of the city.
Binding site plans are required for condominium development only where a division of land i~ required to
segregate property. (Ord. No. 90-41, S 1(16.420),2-27-90; Ord. No. 97-291, S 3,4-1-97; Ord. No. 98-309, S 3,1-
6-98)
20-62 Application.
(a) Applications for binding site plans shall be submitted according to the requirement~ for content
and form for short subdivisions stated in FWCC 20-81 et seq.
(b) Applications shall be at a scale of no less than one inch represents 100 feet and shall clearly show
lot and parcel sizes, building envelopes, open space and buffers, road rights-of-way (whet4er public or
private), utility easements, and other information pertinent to the development as required by,: the director
of community development services.
(c) Applications shall be processed under the provisions of short subdivisions in FWCC 20-81 et seq.
(Ord. No. 90-41, S 1(16.430.10 - 16.430.30),2-27-90; Ord. No. 97-291, S 3, 4-1-97)
20-63 Determination of completeness.
(a) Completeness.
(1) Within 28 calendar days of receiving an application, the city must determine whether the
application is complete. The city will apply FWCC 20-62 to determine completeness. If the city deems
the application to be complete, a letter of completeness must be issued prior to the 28-day de~dline. If the
city determines the application to be incomplete, the city shall notify the applicant of what needs to be
submitted for a complete application. In this written determination, the city shall also identify, to the
extent known to the city, the other agencies of local, state, or federal government that may have
jurisdiction over some aspect of the proposed development activity. An application shal1l be deemed
complete under this section if the city does not provide a written determination to the applicant as
required in this subsection.
(2) Within 14 days after an applicant has submitted the additional information identified by the
city as being necessary for a complete application, the city shall notify the applicant whether the
application is complete or whether additional information is necessary.
(b) Additional information. Issuance of a letter of completeness shall not preclude the city from
requesting additional information or studies either at the time of the letter of completeness or
subsequently if new information is required or substantial changes in the proposed action occur. (Ord. No.
97-291, S 3,4-1-97)
20-64 Plan review.
Binding site plans shall be reviewed for conformance w,ith FWCC 20-2, design criteria and
development standards set forth in FWCC 20-151 through 20-157, and 20-178 through 20-187, any other
applicable ordinances or regulations of the city, and Chapter 58.1'7 RCW. (Ord. No. 90-41, S 1(16.430.40),
2-27-90; Ord. No. 97-291, S 3,4-1-97)
20-65 Director's decision.
(a) General.
(I) Coordination with decisions under the State Environmental Policy Act. If a SEP A threshold
determination is required to be issued, the threshold determination must follow the end of t~e public
comment period on the project permit application, but precede the director's decision on binding site plan
Exhibit 2, FWCC Chapter 20, "Subdivisions" · Page 13 of 54
appl ication. If the SEP A threshold determ ination is appealed, the director's decision on the binding site
plan shall be issued sufficiently in advance of the open record hearing on the threshold determination
appeal, to allow any appeal of the binding site plan decision to be consolidated and heard with the appeal
of the threshold determination.
(2) Timing. The director will endeavor to issue his or her decision on the binding site plan within
120 days of the issuance of the letter of completeness issued pursuant to FWCC 20-63, ex~ept that the
following periods shall not be included in the calculation of the 120-day period:
a. Any period during which the applicant has been requested by the city to correct plans,
perform required studies, or provide additional required information. In these instances, the period
excluded from the l20-day calculation shall begin on the date the city notifies the applicant of the need
for additional information and run until the earlier of the date the city determines whether the additional
information satisfies the request for information or 14 days after the date the informati'pn has been
provided to the city. If the city determines that the information submitted by the applica~t under this
subsection is insufficient, it shall notify the applicant of the deficiencies and the procedures under this
subsection shall apply as if a new request for studies had been made.
b. Any period during which an environmental impact statement is being prepareq following a
determination of significance pursuant to Chapter 43.21 C RCW.
c. Any period for administrative appeals of the SEP A Ithreshold determination; provided, that
the time period for c.onsideration of such appeals shall not exceed 90 days for an open record appeal
hearing and 60 days for a closed record appeal. The parties to an appeal may agree to ext~lld the 90- or
60-day periods, respectively.
d. Any extension of time mutually agreed upon by the applicant and the city.
The l20-day time period does not apply if a binding site plan ~pplication under this article requires an
amendment to the comprehensive plan or this chapter; requires approval of a new fully contained
community as provided in RCW 36.70A.350, a master planned resort as provided in RCW 3().70A.360, or
the siting of an essential public facility as provided in RCW 36.70A.200; or if a binding site plan
application is substantially revised by the applicant, in which case the time period shall start from the date
at which the revised project application is determined to be complete under FWCC 20-63.
If the director is unable to issue his or her final decision on the binding site plan application as
provided in this subsection, the city shall provide written notice 0f this fact to the applicant. The notice
shall include a statement of reasons why the decision has not been issued within the l20-day period, and
an estimated date for issuance ofthe notice of final decision. (Ord. No. 97-291, ~ 3,4-1-97)
20-66 Recordation.
(a) Approved applications shall be recorded by the city with the county department of ~lections and
records. All fees for such recording shall be paid by the applicant. A copy of the documents, stamped with
the recording number, shall be forwarded to the county department of assessments for assessment
purposes.
(b) Binding site plans shall be recorded consistent with Chapter 58.09 RCW. (Ord. No. 90-41, ~
1(16.430.50),2-27-90; Ord. No. 97-291, ~ 3,4-1-97)
20-67 Identification of other restrictions.
Where the binding site plan is governed or regulated by a specific zoning ordinance, the number of
such ordinance shall appear on the face of the binding site plan. Additionally, the recording number of
any covenants, deeds, or restrictions which affect the property shall be shown on the face of the binding
site plan. (Ord. No. 90-41, ~ 1(16.430.60),2-27-90; Ord. No. 97-291, ~ 3, 4-1-97)
20-68 Alteration of binding site plan.
Alteration of an approved binding site plan shall follow the same process and requiremrnts set forth
in this division for the approval of a binding site plan. (Ord. No. 98-309, ~ 3, 1-6-98)
2069 20 80 Reseryed.
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 14 of 54
Division S. Cottage Housing
20-69 Application and Review Process
Application for a cottage housing development consisting of nine or fewer lots shall be submitted and
processed according to the requirements for content and form for s'hort subdivisions and proc~ss as stated
in FWCC 20-81 through 20-109. Application for a cottage housing development consisting often or more
lots shall be submitted and processed according to the requirements for content and form fot~ preliminary
plats and final plats as stated in FWCC 20-110 through 20-131. an~ 20-132 through 137. Ap~lications for
alteration and vacations of a cottage housing development consisting of nine or fewer lots shall be
submitted and processed according to the requirements of FWCC 20-108.5. Alteration of cottage housing
consisting of ten or more lots shall be submitted and reviewed according to the requiremert~s of FWCC
20-140 through 20-147. and vacation of ten or more lots shall be submitted and reviewed acc?rding to the
requirements FWCC 20-148 through 20-148.8.1 respectively.'
Division 6. Zero-lot Line Townhouse Development
20- 70 Application and Review Process
Applications for a zero-lot line townhouse development co~sisting of nine or fewer!ots shall be
submitted and processed according to the requirements for content and form for short subdivisions and
process as stated in FWCC 20-81 through 20-109. Application fora zero-lot line townhouse 8evelopment
co~sisting of ten or more lots shall be submitted and processed according to the requirement~ for content
and form for preliminary plats and final plats as stated in FWCC 20-110 through 20-131.~ and 20-132
through 13 7. Applications for alterations and vacations of zero-lot line townhouse development consisting
of nine or fewer lots shall be submitted and processed according tb the requirements of FWGC 20-108.5.
Applications for alterations of zero-lot line townhouse development consisting of ten or mor~ lots shall be
submitted and reviewed according to the requirements of FWCC 20-140 through 20-147. and' applications
for vacation often or more lots shall be submitted and reviewed according to the requiremen(s FWCC 20-
148 through 20-148.8, respectively.
Division 7. Small Lot Detached Development
20-71 Application and Review Process
Applications for a small lot detached development consisting of nine or fewer lots shall be submitted
and processed according to the requirements for content and fo~ for short subdivisions a~\i process as
stated in FWCC 20-81 through 20-1-9. Application for a small lot detached development consisting often
or more lots shall be submitted and processed according to the requirements for content and form for
preliminary plats and final plats as stated in FWCC 20-11 0 through 20-131. and 20-132 through 13 7.
Applications for alteration and vacations of small lot detached development consisting of nine or fewer
lots shall be submitted and processed according to the requirements of FWCC 20-108.5. Apblications for
alteration of development consisting of ten or more lots shall be submitted and reviewed according to the
requirements of FWCC 20-140 through 20-147. and applications for vacation often or more'lots shall be
submitted and reviewed according to the requirements FWCC 20;148 through 20-148.8. re~pectivelY. In
addition to the platting procedures referenced above. all small lot detached development applications shall
be submitted and processed as "demonstration projects" and must meet specific criteria as established by
the City Council. ..
20-72 - 20-80 Reserved
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 15 of 54
Division S ~. Short Subdivision Plats
20-81 Application and review process.
The general procedure for processing an application for a shom subdivision consists of the following
steps:
(I) An optional preapplication conference between the proponent and city staff to discuss land
use, site design, transportation, and environmental issues.
(2) Review of the short subdivision application to determine whether or not the application is
complete and acceptable for filing.
(3) Review of the application by the department of community development services, public
works department, Lakehaven utility district, city of Tacoma public works department, and county
department of public health, if septic systems are to be utilized.
(4) Approval, approval with conditions, or denial of the short subdivision by the di'rector of the
department of community development services.
(5) Review of engineering drawings for required public improvements.
(6) Approval of engineering plans by public works directorl.
(7) Substantial completion of required improvements.
(8) Recording of short subdivision in the office of the county division of elections .and records.
(Ord. No. 90-41, 9 1(16.130.10 -16.130.70),2-27-90; Ord. No. 97-291, 93,4-1-97)
20-82 Preapplication conference.
(a) For the purpose of expediting applications and reducing subdivision and site plan design and
development costs, the developer may request a preapplication conference with the director of the
department of community development services to discuss land use, site design, required il11provements,
and conformance with the comprehensive plan and zoning ordinance. The director may request the
attendance of other staff members at the preapplication conference.
(b) The preapplication conference is advisory only and neither the applicant nor technical staff shall
be bound by any determinations made therein. (Ord. No. 90-4], 9 ]1(16.140.10, 16.140.20),2-27.90; Ord. No.
97-291,93,4-1-97)
20-83 Content and form of application.
(a) An application for approval of a short subdivision shall be made to the department of community
development services upon forms furnished by the city. Applications shall be made by the owner or
owners of the parcel or parcels of all property encompassed by the application or by a dul~ authorized
agent. The owner or owners of all parcels to be included must join in or be represented in the application.
(b) The application shall include seven prints of the proposed short subdivision drawn to a scale of
one inch represents 50 feet or larger, and should be accompanied by the following informatiol1:
(1) Proposed name ofthe plat.
(2) Location by section, township, range, and/or by other legal description.
(3) Name, address, and phone number of developer.
(4) Name, address, and phone number of each property owner.
(5) Name, address, and phone number of registered land surveyor.
(6) Scale of drawing, date, and north point.
(7) Existing topography of the land indicated by contours of two-foot intervals for slopes less
than 20 percent and five-foot intervals for slopes of 20 percent or greater.
(8) Location and extent of significant natural features on and immediately adjacent to the site.
Such features shall include, but are not limited to, streams, wetlands, views, significant trees, and water
bodies to the extent that significant natural features and/or their associated buffers affect the proposed
short subdivision.
(9) Comprehensive plan and zoning classification of the pr,oposed short subdivision and adjoining
properties.
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 16 of 54
(10) Adjacent common ownerships and the land or lot divisions of adjoining prop~rties not in
common ownership for a distance of at least 100 feet around the perimeter of the property ~roposed for
subdivision.
(11) Location, widths, and names of existing or prior platted streets, railroad or utility rights-of-
way or easements, access easements, slope easements, parks and other public spaces, and existing
permanent structures to be retained within and adjacent to the proposed short subdivision. Where the
property had been previously subdivided, the original lots, blocks, streets, easements, etc., shall be shown
in dotted lines in scale with the proposed short subdivision.
(12) Existing and proposed water, sewer, and drainage utilities on, under, or over the land
showing size, grades, and location.
(13) Layout of proposed streets, pedestrian walkways, and easements.
(14) Layout, number, lot sizes, and dimensions ofproposeq lots.
(15) Parcels of land intended to be dedicated for public use, or reserved for use of o:wners of the
property in the short subdivision.
(16) Building setback lines.
(17) The location and size of all ditches, culverts, catchbasins, and other parts of tne design for
the control of surface water drainage.
(18) Typical roadway sections.
(19) Total acreage of the site platted, prior to creation of anv lots, tracts, or other dedications.
(20) Acreage precluded from development due to the presence of critical areas, including:
wetlands, streams, steep slopes, and other features (along with buffers), broken out bv category, covered
by critical areas regulations. ...
(21) Acreage dedicated for public rights-of-way (for both newlv created streets and expansions of
existing streets), as well as private tracts, alleys, and ingess!egress and utilities easement created for the
purpose of providing access to lots.
(22) Acreage of tracts (or other areas) dedicated for rete~tionldetentionldrainage facilities, open
space and parks, or other on-site public facilities.
(23) Net plat area, which is gross plat area minus critical areas, rights-of-wav, and p~blic purpose
lands.
fl-9j (24) Vicinity map indicating the proposed short subdivision's relation to the area.
~ @ A copy of the current county quarter section map for the appropriate area.
tuj (26) If applicable under FWCC 18-141 et seq., completed checklists or other required
environmental documentation.
~ (27) The fee established by the city. The application shall not be accepted unless it is
accompanied by the requested fee.
~ @ Additional information as required at the discretion of the director. (Ord. No. 90-41, 9
1(16.150.10 -16.150.30),2-27-90; Ord. No. 97-291, 9 3, 4-1-97)
20-84 Routing.
(a) Upon submittal of an application for a short subdivision, the director of community development
services shall distribute a copy of the application to the public works department, the Lakehaven utility
district, and/or city of Tacoma public utilities department, depending on who the water and sewer
purveyor will be, and the county department of public health, if the project is to be served by ~eptic tanks.
(b) The department of transportation shall be notified in writing whenever a proposed. short plat is
located adjacent to a state right-of-way. The city shall prepare a notice, which includes a location map and
legal description of property, requesting relevant information reg~rding, but not limited to, the effect of
the proposed short plat upon access to the state right-of-way, traffic-carrying capacity and. safety. (Ord.
No. 90-41, 91(16.160.10,16.160.20),2-27-90; Ord. No. 97-291, 9 3, 4-1"97)
20-85 Determination of completeness.
(a) Completeness.
Exhibit 2, FWCC Chapter 20, "Subdivisions" . Page 17 of 54
(1) Within 28 calendar days of receiving an application, the city must determine whether the
application is complete. The city will apply FWCC 20-83 to determine whether the prO'posed short
subdivision is in conformance with the zoning code and official zoning map to determine completeness. If
the city deems the application to be complete, a letter of completeness must be issued prior to the 28-day
deadline. If the city determines the application to be incomplete, the city shall notify the applicant of what
needs to be submitted for a complete application. In this written determination, the city shall also identify,
to the extent known to the city, the other agencies of local, state, or federal government th~t may have
jurisdiction over some aspect of the proposed development acti~ity. An application shall be deemed
complete under this section if the city does not provide a written determination to the applicant as
required in this subsection.
(2) Within 14 days after an applicant has submitted the additional information identified by the
city as being necessary for a complete application, the city shall notify the applicant whether the
application is complete or whether additional information is necessary.
(b) Additional information. A determination of completeness shall not preclude the city from
requesting additional information or studies either at the time of the notice of completeness or
subsequently if new information is required or substantial changes in the proposed action ocy.ur. (Ord. No.
97-291, ~ 3,4-1-97)
20-86 Time limitation for approval or disapproval of plats ~ Extension.
An application for f! short plats shall be approved, disapproveq, or returned to the applic~nt within 30
days from the date of submittal of a complete application, unless the applicant consents to the extension
of such time period. The 30-day period shall not include the time spent preparing and circulating any
environmental documents. When returning an application due to incompleteness or because ~f denial, the
city shall specify what item(s) are needed for a complete applicati<?n; or the basis for denial. ~(Ord. No. 97-
291, ~ 3,4-1-97)
20-87 Compliance with State Environmental Policy Act.
The State Environmental Policy Act applies to some of the decisions that will be made using this
article. The director of community development services shall ,evaluate each application and, where
applicable, comply with the State Environmental Policy Act and with state regulation and city ordinances
issued under the authority ofthe State Environmental Policy Act. (Ord. No. 97-291, ~ 3, 4-1-97)
20-88 Notice.
(a) Content. The director of community development services shall, within 14 days of issuing a letter
of completeness on the proposal. prepare a notice of application cOhtaining the following info'rmation:
(1) The name ofthe applicant, and if applicable, the projec.t name. The date of applic~tion, date of
the notice of completion for the application, and the date of the notice of application.
(2) The street address of the subject property, or if this is not available, a locational description in
nonlegal language. Except for notice published in the newspaper of general circulation in: the city, the
notice must also include a vicinity map that identifies the subject property.
(3) The citation of the provision of this chapter describing the requested decision and to the extent
known bv the city, anv other permits which are not included in the ;application. '
(4) A brief description of the requested decision, a list :of the proiect permits included in the
application, and if applicable, a list of any studies requested under RCW 36.70A.440. '
(5) A statement of the availability of the official file.
(6) A statement of the right of any person to submit written comments to th~ director of
community development services regarding the application within J 5 days of the date ofthe notice.
(7) A statement that onlv persons who submit written comments to the director of community
development services, or specifically requests a coPy of the original decision, mav appeal ~he director's
decision.
(8) The identification of existing environmental documents that evaluate the proposed project and
the location where the application and any studies can be reviewed. .
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 18 of 54
(9) A statement of the preliminarY determination, if one has been made at the time of notice, of
those development regulations that will be used for project mitigation and of consistency as~provided in
RCW 36.70B.040.
(b) Distribution. Within 14 days of issuance of the letter of completeness, and at least 14 calendar
davs before the deadline for submitting comments, the director of community development services shall
distribute this notice as follows:
(1) A COPy of the notice will be published in a newspaper of general circulation of the city.
(2) At least three copies of the notice will be conspicuously posted on or near: the subiect
property. Of these, at least one will be posted on or adiacent t@ every public right-of-way providing
primary vehicular access to anv property that abuts the subject property.
(3) A copy of the notice will be posted on each of the official notification boards of, the citv and
public libraries located within the city. (Ord. No. 97-291. & 3,4-1-97; :ard. No. 00-375, & 6, 10-3-0?)
20-89 Burden of proof.
The applicant has the responsibility of convincing the director of community development services
that. under the provisions of this article, the applicant is entitled to the requested decision.?Ord. No. 97-
291. & 3,4-1-97)
20-90 Written comments.
The director of community development services shall consider all written comments and information
regarding the requested decision that are received bv the departme~t of community develop~ent services
before the deadline contained within the notice regarding the application. (Ord. No. 97-291. & 3~4-1-97)
,l
20-91 Director's decision.
(a) General. After the deadline for submitting comments and after considering all of the, information
and comments submitted on the matter, the director of community development services shall issue a
written decision within the time lines set out in FWCC 20-86.
(b) Decisional criteria. The director of community development services shall use the following
criteria in deciding upon the application and may approve the application onlv if:
(1 ) It is consistent with the comprehensive plan; .
(2) It is consistent with all applicable provisions of this chapter; and
(3) It is consistent with the public health, safety, and welfa~e.
(4) It is consistent with design criteria listed in FWCC 20-2; and
(5) It is consistent with the development standards listed :in FWCC 20-151 through 20-157 , and
20-178 through 20-187 , other applicable ordinances orregulations ,ofthe city, and Chapter 58.17 RCW.
( c) Conditions and restrictions. The director of community development services shall include in the
written decision any conditions and restrictions that he or she determines are reasonablv.necessary to
eliminate or minimize anv undesirable effects of granting the appltcation. Anv conditions and restrictions
that are included become part of the decision.
(d) Contents. The director of community development services shall include the following in the
written decision:
(1 ) A statement granting, modifying and granting, or denving the application.
(2) Any conditions and restrictions that are imposed.
(3) A statement of facts presented to the director of community development services that support
the decision, including anv conditions and restrictions that are imposed. '
(4) A statement of the director's conclusions based on those facts.
(5) A statement of the criteria used by the director of community development services in making
the decision.
(6) The date of the decision.
(7) A summarv of the rights, as established in this article, of the applicant and others to request
consideration and to appeal the decision of the director of community development services. :
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 19 of 54
(8) A statement of any threshold determination made under the State Environmental, Policy Act,
Chapter 43.21C RCW.
(9) A statement that affected property owners mav request a change in valuation for property tax
purposes notwithstanding any program of revaluation.
( e) Distribution of written decisibn. Within two working days after the written decision of the director
of community development services is issued, it shall be distributed as follows: '
(1) A copy will be mailed to the applicant.
(2) A copv will be mailed to each person who submitted written comments or information to the
director of community development services. ' "
(3) A copv will be mailed to anv person who has specifically requested it.
(4) A COPy will be mailed to the King County assessor. (Ord. No. 97-291, & 3,4-1-97)
~ 20-92 Process for review.
The director of community development services will make the initial decision on the short plat
.
application based on written comments and information, according to FWCC ~ 20-91. Appeals will
be decided by the hearing examiner after a public hearing, pursllant to FWCC 20-94 et se.q. The short
subdivision application shall be processed as set out in FWCC 20-89 et seq. (Ord. No. 90-43, ~ 2(145.05), 2-
27-90; Ord. No. 97-29], ~ 3,4-1-97)
~ 20-93 Official file.
(a) Contents. The director of community development services shall compile an official file on the
application containing the following:
(1) All application material submitted by the applicant.
(2) All written comments received on the matter.
(3) The written decision of the director of community development.
(4) If the decision of the director of community development services is appealed, the following
will be included in the file:
a. The letter, of appeal.
b. All written comments submitted regarding the appe~l.
c. The staff report on the appeal.
d. The electronic sound recording of the hearing on the appeal.
e. The decision of the hearing examiner on the appeal.
(5) Any other information relevant to the matter.
(b) Availability. The official file is a public record. It is available for inspection and copying in the
department of community development services during regular business hours. (Ord. No. 97 ~291, ~ 3, 4-1-
97)
2090 Natiee.
(a) Content. The direotor of oommunity development services shall ':lithin 11 days of is~uing a letter
of oompleteness on the proposal, prepare a notioe of applioation oontaining the following infqrmation:
(1) The name of the applioant and, if applioable, the project name. The date of appliortion, date of
the notioe of completion for the application, and the date of the notice of application. ,
(2) The street address of the subject property or, if this is not available, a looational desoription in
nonlegal language. Except for notice published in the ne'.vspaper of general ciroulation in: the city, the
notioe must also inolude a ':icinity map that identifies the subject property.
(3) The citation of the provision of this ohapter describing the requested decision and, to the extent
lO1o\'.'n by the oity, any other permits \vhioh are not included in the,applioation.
(1) /... brief description of the requested decision, a list ,of the projeot permits included in the
applioation and, if applicable, a list of any studies requested under 'ReV! 36.70"A~.110.
(5) iA~ statement of the availability of the official file.
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 20 of 54
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,
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,
,
, ,
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Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 2\ of 54
(1) /\. statement of the director's conclusions based on those facts.
(5) 1\ statement of the criteria used by the director of community development services in making
the decision. '
(6) The date of the decision.
(7) /\ summary of the rights, as established in this article, of the applicant and others to request
consideration and to appeal the decision of the director of community development services.
(&) 1\ statement of any threshold determination made under the State En'/ironmental Policy }\ct,
Chapter 13.2lC RCW.
(9) /\. statement that affected property owners may request a change in valuation for property tax
purposes notwithstanding any program of revaluation.
(e) Distribution ofviritten decision. Within two working days after the written decision of the director
of communit'j development services is issued, it shall be distributed as follows:
(1) /\. eopy will be mailed to the applioant.
(2) "^' copy will be mailed to each person who submitted v,Titten oomments or information to the
direotor of community development services.
(3) "^' copy will be mailed to any person who has specifically requested it.
(1) A copy '",ill be mailed to the King County assessor. (Ord. No. 97291, ~ 3, 1 1 97)
20-94 Appeals.
(a) Who may appeal. The decision of the director of community development services may be
appealed by any person who is to be mailed a copy of that decision under FWCC ~ 20-91.
(b) How and when to appeal. The appeal, in the form of a letter of appeal, must be delivered to the
department of community development services within 14 calendar days after issuance of the decision of
the director of community development services. The letter of appeal must contain:
(1) A statement identifying the decision being appealed, along with a copy of the decision;
(2) A statement of the alleged errors in the director's decision, inCluding identification of specific
factual findings and conclusions of the director of community development services disputed by the
person filing the appeal; and
(3) The appellant's name, address, telephone number, and fax number, and any other information
to facilitate communications with the appellant.
(c) Fees. The person filing the appeal shall include, with the letter of appeal, the fee as established by
the city. The appeal will not be accepted unless it is accompanied by the required fee.
(d) Jurisdiction. Appeals from the decision of the director of community development services will be
heard by the hearing examiner. (Ord. No. 97-291, S 3, 4-1-97)
20-95 Notice of appeal hearing.
(a) Content. The director of community development services shall prepare a notice of the appeal
containing the following:
(1) The file number and a brief description of the matter being appealed.
(2) A statement of the scope of the appeal, including a summary of the specific factual findings
and conclusions disputed in the letter of appeal.
(3) The date, time, and place of the public hearing on the appeal.
(4) A statement of who may participate in the appeal.
(5) A statement of how to participate in the appeal.
(b) Distribution. At least 10 calendar days before the hearing on the appeal, the director of community
development services shall mail a copy of this notice to each person entitled to appeal the decision under
FWCC 20-94. (Ord. No. 97-291, S 3,4-1-97)
20-96 Participation in the appeal.
Only those persons entitled to appeal the decision under FWCC 20-94 may participate in the appeal.
These persons may participate in either or both of the following ways:
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 22 of 54
(I) By submitting written comments or information to the department of community development
services prior to the hearing or to the hearing examiner during the hearing.
(2) By appearing in person, or through a representative, at the hearing and submitting oral
comments directly to the hearing examiner. The hearing examiner may reasonably limit the extent of the
oral comments to facilitate the orderly and timely conduct of the hearing. (Ord. No. 97-291~ S 3,4-1-97)
20-97 Scope of the appeal.
The scope of the appeal is limited to the errors raised or the specific factual findings and conclusions
disputed in the letter of appeal. The hearing examiner may only consider evidence, testimony or
comments relating to errors raised or the disputed findings and conclusions. The hearing examiner also
may not consider any request for modification or waiver of applicable requirements of this chapter or any
other law. (Ord. No. 97-291, S 3,4-1-97)
20-98 Staff report on appeal.
(a) Content. The director of community development services shall prepare a staff report on the
appeal containing the following:
(I) The written decision of the director of community development services.
(2) All written comments submitted to the director of community development services.
(3) The letter of appeal.
(4) All written comments on the appeal received by the department of community development
services from persons entitled to participate in the appeal and within the scope ofthe appeal.
(5) An analysis of the alleged errors in the director's decision and any specific factual findings
and conclusions disputed in the letter of appeal.
(b) Distribution. At least seven calendar days before the hearing, the director of community
development services shall distribute copies of the staff report on the appeal as follows:
(I) A copy will be sent to the hearing examiner.
(2) A copy will be sent to the applicant.
(3) A copy will be sent to the person who filed the appeal.
(4) A copy will be sent to each person who received a copy of the director's decision. (Ord. No.
97-291, S 3,4-1-97)
20-99 Public hearing on appeal.
(a) Generally. The hearing examiner shall hold an open record hearing on the appeal.
(b) Open to public. The hearings of the hearing examiner are open to the public. (Ord. No. 97-291, S 3,
4-1-97)
20-100 Electronic sound recordings.
The hearing examiner shall make a complete electronic sound recording of each hearing. (Ord. No. 97-
291, S 3,4-1-97)
20-101 Burden of proof.
The person filing the appeal has the responsibility of convincing the hearing examiner by a
preponderance of the evidence that the director of community development services' decision contains an
error of law or that its findings of fact or conclusions are incorrect. (Ord. No. 97-291, S 3,4-1-97)
20-102 Continuation of the hearing.
, The hearing examiner may continue the hearing if, for any reason, the examiner is unable to hear all
of the public comments on the appeal or if the hearing examiner determines that the examiner needs more
information within the scope of the appeal. If, during the hearing, the hearing examiner announces the
time and place of the next hearing on the matter and a notice thereof is posted on the door of the hearing
room, no further notice of that hearing need be given. (Ord. No. 97-291, S 3,4-1-97)
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 23 of 54
20-103 Decision on appeal.
(a) General. The hearing examiner shall consider all information and comments within the scope of
the appeal submitted by persons entitled to participate in the appeal. The hearing examiner shall either
affirm or change the findings and conclusions of the director of community development services that
were appealed. Based on the hearing examiner's findings and conclusions, the examiner shall either
affirm, reverse, or modify the decision being appealed.
(b) Issuance of written decision. Within 10 working days after the public hearing, the hearing
examiner shall issue' a written decision on the appeal. Within two working days after it is issued, the
hearing examiner shall distribute the decision as follows:
(1) A copy will be mailed to the applicant.
(2) A copy will be mailed to the person who filed the appeal.
(3) A copy will be mailed to each person who participated in the appeal.
(4) A copy will be mailed to each person that specifically requested it.
(5) A copy will be mailed to the King County assessor.
(c) Effect. The decision by the hearing examiner is the final decision of the city. (Ord. No. 97-291, 9 3,
4-1-97)
20-104 Judicial review.
The action of the city in granting or denying an application under this article may be reviewed
pursuant to Chapter 36.70C RCW in the King County superior court. The land use petition must be filed
within 21 calendar days after issuance of the final land use decision of the city. (Ord. No. 97-291, 9 3, 4-1-
97)
20-105 Departmental action.
(a) The application for a short subdivision shall be reviewed for compliance with FWCC 20-2, and
design criteria and development standards set forth in FWCC 20-151 through 20-157 and 20-178 through
20-187, other applicable ordinances orregulations of the city, and Chapter 58.17 RCW.
(b) Any action by the department of community development services relative to the application shall
contain the following information, where applicable:
(1) Improvements required as conditions of approval of the short subdivision.
(2) Review comments and requirements of reviewing agencies.
(3) Reasons for denial of the short subdivision, if applicable.
(c) A short plat may not be recorded until it has been certified by the director of public works that all
improvements required as a condition of approval have been substantially completed in accordance with
FWCC 20-108. Such certification shall appear on the face of the short plat.
(d) No final short plat shall be approved until the department of community development services has
made a formal written finding that the proposed short subdivision is in conformity with applicable zoning
ordinances or other land use controls and that the plat encompasses good planning features and provisions
for safe walking conditions such as sidewalks for students who walk to and from school.
(e) Every short plat of a subdivision or short subdivision to be recorded must contain a certificate
giving full and correct description of the lands divided as they appear on the plat, along with a statement
that the subdivision has been made with the consent of the owner and all affected owners.
(1) For those short plats subject to dedication, a notarized written instrument containing subject
dedication to the public must be signed by all parties having ownership interest in the land subdivided.
This notarized dedication must be placed on the face of the recorded short plat or the written instrument
along with a title report confirming title oflands described shall be recorded as part of the short plat.
(2) An offer of dedication may include a waiver of right of direct access to any street from any
property if acceptable by the city. Roads not dedicated to the public must clearly be marked on the face of
the plat. Any dedication, donation, or grant as shown on the face of the plat shall be considered for all
intents and purposes as a quitclaim deed.
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 24 of 54
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(f) A drainage release shall be provided releasing the city for claims for injury or damage resulting
from the storm drainage system to be installed, if any, and indemnify the city from any claims brought by
downstream owners based on the operation, failure to operate, improper design, or improper construction.
(Ord. No. 90-41, 9 1 (16.] 80.10 - 16.180.50),2-27-90; Ord. No. 97-291, 93,4-1-97; Ord. No. 00-375, 9 7, 10-3-00)
20-106 Effect - Duration approval.
(a) Short plat approval shall expire one year from the date of the director of community development
services approval. Said approval shall constitute acceptance of short subdivision layout and design and
shall include all- conditions, restrictions, and other requirements required by the director of community
development services as part of short subdivision approval. City approval of a short subdivision shall not
constitute approval for land clearing or grading, vegetation removal, or any other activities which
otherwise require permits from the city.
(b) Prior to construction of improvements pursuant to short plat approval, engineering drawings for
public improvements shall be submitted for review and approval to the department of public works,
Lakehaven utility district, and city of Tacoma public utilities department. No permits to begin
construction or site work shall be granted until final approval of all utility plans, including storm
drainage; the payment of all pertinent fees; and the submittal of performance securities as may be
required. (Ord. No. 97-291, 9 3,4-1-97)
20-107 Effect - Time extension.
(a) No less than 30 days prior to lapse of approval under FWCC 20-105, the applicant may submit a
written application in the form of a letter with supporting documentation to the department of community
development services requesting a one-time extension of those limits of up to one year.
(b) The applicant shall include, with the letter of request, the fee as established by the city and reasons
for said request. The application will not be accepted unless it is accompanied by the required fee.
(c) The director of community development services may grant a one-year extension of short
subdivision approval with an expiration date and no further opportunity for extension.
(d) The request must demonstrate that the applicant is making substantial progress on the approval
and conditions of approval, and that there are circumstances beyond the applicant's control which prevent
compliance with the time limits ofFWCC 20 10520-106.
(e) Any person aggrieved by the granting or denying of a request for a time extension under this
section may appeal that decision. The appellant must file a letter of appeal indicating how this decision
affects the appellant's property and presenting any relevant material or information supporting the
appellant's contention. The appeal will be heard and decided upon using the appeal process described in
FWCC 20-94 et seq. Any time limit, pursuant to Chapter 36.70B RCW, upon the city's processing and
decision upon applications under this chapter may, except as otherwise specifically stated in this chapter,
be modified by a written agreement between the applicant and the director of community development
services. (Ord. No. 97-291,93,4-1-97)
20-108 Improvements - Completion or guarantee.
(a) Prior to recording of the short plat, all surveying and monumentation must be complete. In
addition, all other required improvements must be substantially completed with remaining uncompleted
improvements consisting only of sidewalks, street lighting, landscaping where applicable, or similar
improvements, as determined solely by the departments of community development services and public
works.
(b) In lieu of the completion of the remaining construction of required improvements, prior to
recording of the short plat, the applicant may file a performance bond or other suitable security in a form
approved by the city attorney and in an amount to be determined by the director of public works sufficient
to guarantee actual construction and installation of such improvements within six months of recording.
The amount of the security for completion shall not be less than 120 percent of the estimated cost of such
improvements as approved by the public works director.
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 25 of 54
(c) An agreement must be entered into between the developer and the city whereby, all remaining
improvements shall be completed within six months of entering into the agreement, or the city will have
the option of calling the performance security and completing the improvements.
(d) The restoration bond, assignment of funds, or cash deposit accepted by the city at the pre-
construction stage shall be no less than 120 percent of the cost of temporary erosion control, and those
facilities necessary to stabilize the site.
(e) Prior to the acceptance by the city of the constructed improvements, the applicant shall file a '
maintenance bond or other suitable security in a form approved by the city attorney and in an amount to
be determined by the director of public works guaranteeing the repair or replacement of any improvement
or any landscaping which proves defective or fails to survive within a minimum two-year time period
after final acceptance of the improvements' or landscaping. Said maintenance bond shall be no less than
30 percent of the estimated cost of all improvements. (Orcl. No. 97-291, ~ 3,4-1-97)
20-108.5 Alteration and vacation of short plats.
(a) Alteration of an approved short plat shall follow the same review process used to create a short
plat as set forth in FWCC 20-81; except that when an alteration involves a public dedication, the
alteration shall be processed as provided in :\rticle II, Division 9, of this chapter FWCC 20-148 et seq.
(b) Vacation of an approved short plat shall follow the process established as follows; except that,
when a vacation involves a public dedication, the vacation shall be processed as provided in "^Jtic1e II,
Division 9, of this chapter FWCC 20-148 et seq.
(1) A pre application conference between the proponent and city staff to discuss the circumstances
and reasons for the vacation as set forth in FWCC 20-82.
(2) Review of the short subdivision vacation application to determine whether or not the
application is complete and acceptable for filing. An application for vacation shall include the following:
a. An application for approval of a short subdivision vacation shall be made to the department
of community development services upon forms furnished by the city. Applications shall be made by the
owner or owners of the parcel or parcels of all property encompassed by the application or by a duly
authorized agent. The owner or owners of all parcels to be included must join in or be represented in the
application.
b. The application shall include seven prints of the approved short subdivision and be
accompanied by a statement setting forth the reasons for vacation.
(3) Approval, approval with conditions, or denial of the short subdivision vacation by the director
of the department of community development services.
(4) Filing of the short subdivision vacation in the office of the county division of elections and
records. (Ord. No. 98-309, ~ 3, 1-6-98)
20-109 Recording of short plat.
(a) All short plats approved in accordance with this division shall be recorded with the county
division of elections and records by the city. All fees for recording shall be paid by the applicant. A copy
of the documents stamped with the recording number shall be forwarded to the county department of
assessments for assessment purposes.
(b) Short plats shall be recorded in the same manner as a survey, consistent with Chapter 58.09 RCW,
the Survey Recording Act.
(c) All lots, blocks, and streets within a short plat shall be named and/or numbered by the city's
building official.
(d) Lots within a short plat may not be offered for sale or lease, or title transferred until the short plat
has been recorded.
(e) No land in a short plat can be divided to create five ten lots in any mlnner within a five-year
period without receiving preliminary and final plat approval.
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 26 of 54
(f) Whenever a survey discrepancy exists (such as a boundary hiatus, an overlapping boundary, or a
physical appurtenance) which indicates encroachment, lines of possession, or conflict of title, the
discrepancy shall be noted on the face of the short plat and shall also be disclosed in a title report prepared
by a title insurer and issued after the filing of the short plat. (Ord. No. 90-41, ~ 1 (16.190.10, 16.190.20),2-27-
90; Ord, No. 97-291, ~ 3,4-1-97)
Division 6-2. Preliminary Plat
20-110 General procedure.
. The general procedure for processing an application for a subdivision consists of seven steps as follows:
(1) A preapplication conference between the proponent and city staff to discuss land use, site
design, transportation, and environmental issues if the applicant requests it;
(2) Review of the preliminary plat application by the city staff to determine whether or not the
application is acceptable for filing;
(3) Review of the proposed preliminary plat by the responsible official in order to insure
compliance with the state environmental policy act, RCW 43.2lC.Ol0 et seq., the environmental policy,
FWCC 18-26 et seq., and impact mitigation, FWCC 19-41 et seq,;
(4) Submission of the proposed preliminary plat along with the comments or recommendations of
interested departments or agencies to the hearing examiner for public hearing;
(5) Submission of the preliminary plat and recommendation of the hearing examiner to the city
council for approval or disapproval;
(6) Review of the final plat by the city staff and the Lakehavel?- utility district;
(7) Approval of the final plat for recording as indicated by the signature of the mayor thereon;
(8) Preliminary plat certificate not less than 90 days old from a licensed title insurance company;
(9) Additional information as required at the discretion of the director of community development
services. (Ord. No. 90-41, ~ 1(16.30.10 - 16.30.70), 2-27-90; Ord. No. 97-291, ~ 3,4-1-97; Ord. No. 98-309, ~ 3,
1-6-98)
20-111 Content and form of application.
(a) An application for approval of a preliminary plat shall be made to the department of community
development services upon forms furnished by the city. Applications shall be made by the owner or
owners of the parcel or parcels of all property encompassed by the application or by a duly authorized
agent or agents. The owner or owners of all parcels to be included must join in or be represented in the
application.
(b) The survey of the proposed subdivision and preparation of the plat shall be made by, or under the
supervision of, a registered land surveyor who shall certify that it is a true and correct representation of
the lands actually surveyed.
(c) The application shall be accompanied by the following jnformation:
(1) Ten prints of the proposed preliminary plat drawn to a scale of one inch represents 100 feet or
larger. The preliminary plat drawing shall include the following specific information:
a. Proposed name of the plat.
b. Location by section, township, range, and/or by other legal description.
c. Name, address, and phone number of developer.
. d. Name, address, and phone number of each property owner.
e. Name, address, and phone number of registered land surveyor.
f. Scale of plat, date, and north point.
g. Existing topography of the land indicated by contours of two-foot intervals for slopes less
than 20 percent and five-foot intervals for slopes of 20 percent or greater.
h. Location and extent of significant natural features on and immediately adjacent to the site.
Such features shall include but are not limited to streams, wetlands, v.iews, significant trees, and water
bodies to the extent that significant natural features and/or their associated buffers affect the proposed
preliminary plat.
Exhibit 2. FWCC Chapter 20, "Subdivisions" Page 27 of 54
i. Comprehensive plan and zoning classification of the proposed plat and adjoining
properties.
j. Adjacent common ownerships and the land or lot divisions of adjoining properties not in
common ownership for a distance of at least 100 feet around the perimeter of the property proposed for
subdivision.
k. Location, widths, and names of existing or prior platted streets, railroad or utility rights-of-
way or easements, parks or other public spaces, or existing permanent structures to be retained within and
adjacent to the proposed plat. Where the property had been previously subdivided, the original lots,
blocks, streets, easements, etc., shall be shown in dotted lines in scale with the proposed plat.
I. Existing and proposed water, sewer, and drainage utilities on, under, or over the land
showing size, grades, and location.
m. Layout of proposed streets, pedestrian walkways, and easements.
n. Layout, number, lot sizes,_and dimensions of proposed lots.
o. Parcels of land intended to be dedicated for public use, or reserved for use of owners of the
property in the subdivision.
p. Building setback lines.
q. The location and size of all ditches, culverts, catchbasins, and other parts of the desigri for
the control of surface water drainage.
r. Typical roadway sections.
s. Total acreage of the site platted, prior to creation of any lots, tracts, or other dedications.
t. Acreage precluded from development due to the presence of critical areas. including:
wetlands. streams. steep slopes. and other features (along with buffers). broken out bv category.
covered by critical areas regulations.
u. Acreage dedicated for public ri'ghts-of-way (for both newly created streets and expansions
of existing streets). as well as private tracts, alleys. and ingess/egress and utilities easement created
for the purpose of providing access to lots within subdivisions.
v. Acreage of tracts (or other areas) dedicated for retention/detention/drainage facilities, open
space and parks. or other on-site public facilities.
w. Net plat area, which is gross plat area minus critical areas, rights-of-wav. and public
purpose lands.
s~. Vicinity map indicating the proposed subdivision's relation to the area.
(2) A copy of the current county quarter section map for the appropriate area.
(3) A list of the names and addresses of all owners of real property, as shown by the records of
the county assessor located within 300 feet of any portion of the boundary of the proposed subdivision
and any adjoining real properties owned by the owners of the lands proposed to be subdivided. If the
owner of the property which is proposed to be subdivided owns adjacent property, the addresses of
owners of property located within 300 feet of any portion of the boundaries of such adjacently located
parcels must also be provided.
(4) Three sets of stamped envelopes with address labels for all owners described in subsection
(c )(3) ofthis section.
(5) Two eight and one half inch by 11 inoh transparencies and paper positives One 11 x 17
reduced paper copy_of the preliminary plat map.
(6) If applicable, a phasing plan, showing divisions of the plat and a proposed timetable for
construction of each division.
(7) A complete environmental checklist pursuant to environmental policy, FWCC 18-26 et seq.
(8) Preliminary plat certificate not less than 90 days old from a licensed title insurance company.
(9) Additional information as required at the discretion of the director of community development
servIces.
(d) Upon submittal of the preliminary plat application, the applicant shall tender payment of required
fees. Such fees shall be determined according to a standard fee schedule approved by the city council. The
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 28 of 54
purpose of such fees is to defray the city's cost in processing the appl ication. (Ord, No. 90-41, S I (16.50), 2-
27-90; Ord. No. 97-291, S 3, 4-1-97; Ord. No. 98-309, S 3,1-6-98)
20-112 Conformance with applicable codes and standards.
All applications for preliminary plat approval shall be in conformance with the zoning code and
official zoning maps of the city. In the event an amendment to the zoning code and/or a change in the
zoning maps is required to assure such conformance, the director of community development services
shall require that the appropriate applications for such change be submitted so that such requests may be
considered concurrently. No plat shall be approved covering any land situated in a flood control zone
without the prior written approval of the Department of Ecology of the state of Washington. (Ord. No. 90-
41, S 1(16.60),2-27-90; Ord. No. 97-291, S 3, 4-1-97)
20-113 Determination of completeness - Routing.
(a) Completeness.
(1) Within 28 calendar days of receiving an application, the city must determine whether the
application is complete. To determine completeness the city shall apply FWCC 20-111 and 20 179, and
determine whether the applicant has paid all fees and submitted all documents and information required to
permit a full public hearing upon the merits of the application, and determine whether the director of
community development services has received a notice of availability from the Lakehaven utility district
and city of Tacoma public utilities department for sewer and water, as appropriate. If the city deems the
application to be complete, a letter of completeness must be issued prior to the 28-day deadline. If the city
determines the application to be incomplete, the city shall notify the applicant of what needs to be
submitted for a complete application. In this written determination, the city shall also identify, to the
extent known to the city, the other agencies of local, state, or federal government that may have
jurisdiction over some aspect of the proposed development activity. An application shall be deemed
complete under this section if the city does not provide a written determination to the applicant as
required in this subsection.
(2) Within 14 days after an applicant has submitted the additional information identified by the
city as being necessary for a complete application, the city shall notify the applicant whether the
application is complete or whether additional information is necessary.
(3) A determination of completeness shall not preclude the city from requesting additional
information or studies either at the time of the letter of completeness or subsequently if new information
is required or substantial changes in the proposed action occur.
(b) Routing. Upon issuance of a letter of completeness, the department of community development
services shall transmit at least one copy of the plat for review and recommendation to each' of the
following:
(I) Public works department;
(2) Parks department;
(3) School District No. 210;
(4) Lakehaven utility district and city of Tacoma public utilities department, if necessary utilities
will be provided by the city of Tacoma;
(5) Fire District No. 39 South King Fire and Rescue;
(6) County department of public health, if septic systems are proposed for sewage disposal;
(7) Utility companies proposed to provide electricity, telephone, natural gas, cable television, and
solid waste collection. (Ord. No. 90-41, S 1(16.70.10,16.70.20),2-27-90; Ord. No. 97-291, S 3, 4-1-97)
20-114 Time limitation for approval or disapproval of plats.
A complete preliminary plat and any proposed subdivision and dedication shall be approved,
disapproved, or returned to the applicant for modification or correction within 90 days from date of filing
thereof, unless the applicant consents to an extension of such time period; provided, that the 90-day
period shall not include the time spent preparing and circulating environmental documents as required.
(Ord. No. 97-291, S 3,4-1-97)
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 29 of 54
)
20-115 Completion of environmental policy process.
A preliminary plat application will not be scheduled for public hearing until the State Environmental
Policy Act review process has been completed. If there is an appeal of the threshold determination, the
appeal hearing shall be held simultaneously with the public hearing in front of the hearing examiner on
the preliminary plat application. Said hearing shall be scheduled within 90 days from the date of the
appeal ofthe threshold determination. (Ord. No. 90-41, 9 1(16.80),2-27-90; Ord. No. 97-291, 9 3, 4-1-97)
20-116 Process for review.
Upon confirmation by the director of community development services that the preliminary plat
application is complete and that all pertinent requirements of the environmental policy, FWCC 18-26 et
seq., have been fulfilled, the application shall be processed and reviewed as set out in FWCC 20-116 et
seq. (Ord. No. 90-41,9 1(16.90.10- 16.90.30),2"-27-90; Ord. No. 97-291, 9 3,4-1-97)
20-117 Official file.
(a) Contents. The director of community development services shall compile an official file on the
application containing the following:
(1) All application materials submitted by the applicant.
(2) The staff report.
(3) All written comments received on the matter.
(4) The electronic recording of the public hearing on the matter.
(5) The recommendation of the hearing examiner.
(6) The electronic sound recording and minutes of the city council proceedings on the matter.
(7) The decision of city council.
(8) Any other information relevant to the matter.
(b) Availability. The official file is public record. It is available for inspecting and copying in
department of community development services during regular business hours. (Ord. No. 97-291, 9 3, 4-1-97)
20-118 Notice of application.
(a) Contents. Within 14 days of the letter of completeness being issued, the director of community
development services shall prepare and publish a notice of application within the local newspaper of
general circulation. The notice of application shall contain the following:
(1) The name of the applicant and, if applicable, the project name.
(2) The street address of the subject property or, if this is not available, a locational description in
nonlegal language. Except for notice published in the newspaper of general circulation in the city, the
notice must also include a vicinity map that identifies the subject property.
(3) The citation of the provision of this chapter describing the applied-for decision and, to the
extent known by the city, any other permits which are not included in the application.
(4) A brief description of the requested decision.
(5) A list of the project permits included in the application and, if applicable, a list of all required
studies submitted with the application.
(6) The date of application, the date of the notice of completion of the application, and the date of
the notice of the application.
(7) A statement that notification of the public hearing date will occur approximately 15 days prior
to the scheduled hearing date.
(8) A statement of the availability of the official file.
(9) A statement of the right of any person to submit written comments to the hearing examiner
and appear at the public hearing of the hearing examiner to give comments orally.
(10) A statement that only persons who submit written or oral comments to the hearing examiner
may ohallenge the reoommendation of the hearing oxaminer appeal the City Council's final decision on
the matter.
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 30 of 54
(11) The identification of existing environmental documents that evaluate the proposed project
and the location where the application and any studies can be reviewed.
(12) A statement of the preliminary determination, if one has been made at the time of notice, of
those development regulations that will be used for project mitigation and of consistency as provided in
RCW 36.70B.040.
(b) Distribution. The director of community development services shall distribute this notice as
follows:
(1) A copy will be sent to the persons receiving the property tax statements for all property within
300 feet of each boundary of the subject property.
(2) If the owner of the property which is proposed to be subdivided owns another parcel, or
parcels, of property which lie adjacent to the property proposed to be subdivided, notice of application
shall be given to owners of property located within 300 feet of any portion of the boundaries of such
adjacently located parcels of property owned by the owner of the property proposed to be subdivided.
(3) A copy shall be mailed to appropriate city or county officials if the proposed plat lies within
one mile of an adjoining city or county boundary.
(4) A copy shall be mailed to all agencies or private companies who received copies of the
preliminary plat pursuant to FWCC 20 10920-113.
(5) Notice shall be mailed to the State Department of Transportation if the proposed plat abuts a
state highway.
(6) A copy will be published in the official daily newspaper of the city.
(7) A copy will be posted on each of the official notification boards of the city and at public
libraries within the city.
(c) Public notification sign. The applicant shall erect at least one public notification sign which
complies with standards developed by the department of community development services. This sign
shall be located on or near the subject property facing the right-of-way or vehicle access easement or tract
providing direct vehicle access to subject property. The director of community development services may
require the placement of additional public notice signs on or near the subject property if he or she
determines that this is appropriate to provide notice to the public.
(d) Timing. The public notification sign or signs must be in place at least .14 calendar days after the
letter of completeness has been issued, and removed within seven calendar days after the final decision of
the city on the matter. (Ord. No. 97-29], 9 3,4-1-97)
20-119 Notice of public hearing.
(a) Contents. At least 15 calendar days prior to the date of the public hearing, the director of
community development services shall distribute a public notice in essentially the same form as the notice
of application, except that a public hearing date will be scheduled.
(b) Distribution. The public notice shall be mailed to all persons and agencies who received the
original notice of application. The notice shall also be mailed to the official weekly newspaper of the city
with a request that the hearing be noted on their calendar of events. In addition, any person specifically
requesting to be notified or who submitted comments as a result of the notice of application shall be
notified at this time.
(c) Public notification sign. The director of community development services shall have changes
made to the public notification sign or signs erected at the time of notice of application to reflect any
changes in the application, including the scheduled date ofthe public hearing.
(d) Timing. The public notification sign or signs must be removed within seven calendar days after
the final decision ofthe city on the matter. (Ord. No. 97-29],93,4-1-97)
20-120 Report to hearing examiner - Review.
(a) No less than seven days prior to the date of the public hearing, the department of community
development services shall submit to the hearing examiner a written report summarizing the application.
The report shall contain the following information:
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 31 of 54
(1) All pertinent application materials.
(2) An analysis of the application under the relevant provlSlons of this chapter and the
comprehensive plan.
(3) A statement of the facts found by the director of community development services and the
conclusions drawn from those facts.
(4) A notice of availability from the Lakehaven utility district and city of Tacoma public utilities
department as appropriate.
(5) If the subdivision is to contain a septic system, a letter from the county department of public
health regarding the adequacy and safety of such a system.
(6) All communications from other agencies or individuals relating to the application which were
received in time to be included in the report to the hearing examiner.
(7) A list of recommendations from the department of community development services,
department of public works and other appropriate departments relating to alterations or conditions of plat
approval.
(8) A copy of the declaration of nonsignificance, mitigated declaration of nonsignificance, or
draft environmental impact statement and final environmental impact statement along with a list of any
required mitigation measures issued by the responsible official.
(b) The hearing examiner shall review the preliminary plat for compliance with FWCC 20-2,
decisional criteria in FWCC 20-126, design criteria and development standards in FWCC 20-151 through
20-157 and 20-178 through 20-187, any other applicable ordinances or regulations of the city and Chapter
58.17 RCW. (Ord. No. 90-41, ~ 1(16.100.10, 16.100.20),2-27-90; Ord. No. 97-291, ~ 3, 4-1-97)
20-121 Public bearing.
(a) General. The hearing examiner shall hold an open record hearing on each application.
(b) Open to public. The hearings of the hearing examiner are open to the public.
(c) Effect. The hearing of the hearing examiner is the open record hearing for city council on the
application. The city council shall not hold another open record hearing on the application. (Ord. No. 97-
291, ~ 3,4-1-97)
20-122 Electronic sound recording.
The hearing examiner shall make a complete electronic sound recording of each public hearing. (Ord.
No. 97-291, ~ 3, 4-1-97)
20-123 Burden of proof.
The applicant has the responsibility of convincing the city that, under the provision of this article, the
applicant is entitled to the requested decision. (Ord. No. 97-291, ~ 3,4-1-97)
20-124 Public comments and participation at the hearing.
Any person may participate in the public hearing in either or both of the following ways:
(1) By submitting written comments to the hearing examiner, either by delivering these comments
to the department of community development services prior to the hearing or by giving these directly to
the hearing examiner at the hearing.
(2) By appearing in person, or through a representative, at the hearing and making oral comments
directly to the hearing examiner. The hearing examiner may reasonably limit the extent of oral comments
to facilitate the orderly and timely conduct of the hearing. (Ord. No. 97-291, ~ 3, 4-1-97)
20-125 Continuation of the hearing.
The hearing examiner may continue the hearing if, for any reason, he or she is unable to hear all of
the public comments on the matter or if the hearing examiner determines that he or she needs more
information on the matter. If, during the hearing, the hearing examiner announces the time and place of
the next hearing on the matter and a notice thereof is posted on the door of the hearing room, no further
notice of that hearing need be given. (Ord. No. 97-291, ~ 3, 4-1-97)
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 32 of 54
20-126 Recommendation by the hearing examiner.
(a) Generally. After considering all of the information and comments submitted on the matter, the
hearing examiner shall issue a written recommendation to the city council.
(b) Timing. Unless a longer period is mutually agreed to by the applicant and the hearing examiner,
the hearing examiner must issue the recommendation not later than 10 working days following conclusion
of all testimony and hearings.
(c) Decisional criteria. The hearing examiner shall use the following criteria in reviewing the
preliminary plat and may recommend approval of the plat to city council if:
(I) It is consistent with the comprehensive plan;
(2) It is consistent with all applicable provisions of the chapter, including those adopted by
reference from the comprehensive plan;
(3) It is consistent with public health, safety, and welfare;
(4) It is consistent with design criteria listed in FWCC 20-2; and
(5) It is consistent with the development standards listed in FWCC 20-151 through 20-157, and
20-178 through 20-187.
(d) Conditions and restrictions. The hearing examiner shall include in the written recommendations
any conditions and .restrictions that the examiner determines are reasonably necessary to eliminate or
minimize any undesirable effects of granting the application.
(e) Contents. The hearing examiner shall include the following in the written recommendation to the
city council:
(1) A statement of facts presented to the hearing examiner that supports his or her
recommendation, including any conditions and restrictions that are recommended.
(2) A statement of the hearing examiner's conclusions based on those facts.
(3) A statement of criteria used by the hearing examiner in making the recommendation.
(4) The date of issuance of the recommendation.
(f) Distribution of written recommendation. The director of community development services shall
distribute copies of the recommendation of the hearing examiner as follows:
(1) Within two working days after the hearing examiner's written recommendation is issued, a
copy will be sent to the applicant, each person who submitted written or oral testimony to the hearing
examiner, and each person who specifically requested it.
(2) Prior to the public meeting where city council considers the hearing examiner's
recommendation, a copy will be sent to each member of the city council. The director of community
development servIces shall include a draft resolution that embodies the hearing examiner's
recommendation with a copy of the recommendation. (Ord. No. 97-291, S 3, 4-1-97)
20-127 City council review, action.
(a) Generally. Following receipt of the final report and recommendations of the hearing examiner, a
date shall be set for a public meeting before the city council.
(b) Scope ofreview. The city council review of the preliminary plat application shall be limited to the
record of the hearing before the hearing examiner, oral comments received during the public meeting (so
long as those comments do not raise new issues or information not contained in the examiner's record)
and the hearing examiner's written report. These materials shall be reviewed for compliance with
decisional criteria set forth in FWCC 20-126. The city council may receive new evidence or information
not contained in the record of hearing before the hearing examiner, but only if that evidence or
information: (i) relates to the validity of the hearing examiner's decision at the time it was made and the
party offering the new evidence did not know and was under no duty to discover or could not reasonably
have. discovered the evidence until after the hearing examiner's decision; or (ii) the hearing examiner
improperly excluded or omitted the evidence from the record. If the city council concludes, based on a
challenge to the hearing examiner recommendation or to its own review of the recommendation, that the
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 33 of 54
-
record compiled by the hearing examiner is incomplete or not adequate to allow the city council to make a
decision on the application, the city council may by motion remand the matter to the hearing examiner
with the direction to reopen the hearing and provide supplementary findings and/or conclusions on the
matter or matters specified in the motion.
(c) After considering the recommendations of the hearing examiner, the city council may adopt or
reject the hearing examiner's recommendations based on the record established at the public hearing. If,
after considering the matter at a public meeting, the city council deems a change in the hearing
examiner's recommendation approving or disapproving the preliminary plat is necessary, the city council
shall adopt its own recommendations and approve or disapprove the preliminary plat.
(d) As part of the final review, the city council may. require or approve a minor modification to the
preliminary plat if:
(I) The change will not have the effect of increasing the residential density of the plat;
(2) The change will not result in the relocation of any access point to an exterior street from the
plat;
(3) The change wilf not result in any loss of open space area or buffering provided in the plat; and
(4) The city determines that the change will not increase any adverse impacts or undesirable
effects of the project and that the change does not significantly alter the project. (Ord. No. 90-41, S
1(16.110.10 - 16.110.50), 2-27-90; Ord. No. 97-291, S 3,4-1-97)
20-128 Notice of decision on preliminary plat application.
(a) General. Following the preliminary decision by the city council, the director of community
development services shall prepare a notice of the city council's decision on the preliminary plat
application.
(b) Distribution. Within 10 working days after the city council's decision is made, the director of
community development services shall distribute a copy of the notice of the final decision as follows:
(1) A copy will be sent to the applicant.
(2) A copy will be sent to any person who submitted written or oral comments to the hearing
exammer.
(3) A copy will be sent to each person who has specifically requested it.
(c) Contents. The director of community development services shall include in the notice of the final
decision the following:
(1) A statement of any threshold determination made under the State Environmental Policy Act,
Chapter 43.21C RCW.
(2) A statement that affected property owners may request a change in valuation for property tax
purposes notwithstanding any program of revaluation. (Ord. No. 97-291, S 3, 4-1-97)
20-129 Effect of decision.
(a) Pinal decision. The city council's decision shall be the city's final decision on the preliminary plat
application.
(b) Effect on applicant. Prior to construction of improvements pursuant to preliminary plat approval,
engineering drawings for public improvements shall be submitted for review and approval to the
department of public works and the Lakehaven utility district and city of Tacoma public utilities
department. The applicant may not engage in any activity based on the decision, including construction or
site work, until final approval of all engineering and utility plans, including storm drainage, the payment
of all pertinent fees, the submittal of performance and maintenance securities as may be required, and a
pre-construction meeting has been held.
(c) Effect on city~ Approval of the preliminary plat by the city council shall constitute acceptance of
subdivision layout and design and shall include all conditions, restrictions, and other requirements
adopted by the council as part of plat .approval. City council approval of a preliminary plat shall not
constitute approval for land clearing or grading, vegetation removal, or any other activities which
otherwise require permits from the city. (Ord. No. 97-291, * 3,4-1-97)
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 34 of 54
20-130 Judicial review.
The action of the city in granting or denying an application under this article may be reviewed
pursuant to Chapter 36.70C RCW in the King County superior court. The land use petition must be filed
within 21 calendar days of issuance of the city's final decision on the preliminary plat application.
Standing to bring the action is limited to the following parties:
(I) The applicant or owner of the property on which the subdivision is proposed;
(2) Any property owner within 300 feet of the proposal;
(3) Any property owner who deems himself aggrieved thereby and who will suffer direct and
substantial impacts from the proposed subdivision. (Ord. No. 97-291, ~ 3,4-1-97)
20-131 Duration of approval.
W Preliminary plat approval shall expire five years from the date of city council approval, unless the
applicant requests an extension from the hearing examiner. The request for extension must be submitted
to the department of community development services at least 60 davs prior to the expiration date of the
preliminary plat.;substantial progress has been made toward coinpletion of entire plat, or the initial phase
of the plat, if the preliminary approval included phasing. In the event the applicant has not made
substantial progress toward completion of the plat, the applicant may request an extension from the
hearing examiner. The request for extension must be submitted to the department of community
development services at least 30 days prior to the expiration date ofthe preliminary plat.
The department of community development services shall schedule and advertise a public hearing in
accordance with FWCC 20-119. fbj In considering whether to grant the extension, the hearing examiner
shall consider the following in the public hearing:
(a) Whether substantial progress has been made toward completion of entire plat. or the initial phase
of the plat. if the preliminary approval included phasing.
(Q} wWhether conditions in the vicinity of the subdivision have changed to a sufficient degree since
initial approval to warrant reconsideration of the preliminary plat. If the hearing examiner deems such
reoonsideration is warranted, a public hearing shall be sCReduled and ad'.'ertised in accordanoe with
FWCC 20 119.
te1 The hearing examiner may grant a one-year extension of preliminary plat approval or may allow
division of the plat into separate phases, each with an expiration date and no further opportunity for
extension. (Ord. No. 90-41, ~ 1(16.120.10 - 16.120.50),2-27-90; Ord. No. 97-291, ~ 3,4-1-97)
Division =I 10. Final Plat
20-132 Submission.
(a) A One set of reproducible mylar drawings, and five sets of blueline ~ copies thereof, shall be
submitted to the director of community development services together with additional information and
documentation as required in FWCC 20-133.
(b) The director of community development services shall route the drawings to the appropriate
departments and agencies for review.
(c) If the final plat is found to be incomplete or contain inaccurate information, the director of
community development services shall return the mylar to the owner or his or her representative for
correction. (Ord. No. 90-41, ~ 1(16.380.10 - 16.380.30),2-27-90; Ord. No. 97-291, ~ 3, 4-1-97)
20-133 Contents.
(a) All final plats shall contain the following information:
(1) Name of plat.
(2) Location by section, township, range, and/or other legal description.
(3) The name and seal of the registered land surveyor responsible for preparation of the plat, and
a certification on the plat by the surveyor to the effect that it is a true and correct representation of the
land actually surveyed by him or her, that the existing monuments shown thereon exist as located and that
all dimensional and geodetic details are correct.
Exhibit 2, FWCCChapter 20, "Subdivisions" Page 3S of S4
(4) The scale, shown numerically and graphically, meridian and north point. The scale of the final
plat shall be determined by the department of public works in order that all distances, bearings and other
data can be clearly shown.
(5) The boundary line of the plat, based on an accurate traverse, with angular and linear
dimensions.
(6) Exact location, width, number, or name of all streets, alleys, and walks within and adjoining
the plat and all easements and dedications for rights-of-way provided for public services or utilities.
(7) True courses and distances to the nearest established street lines or official monuments which
shall accurately locate the plat.
(8) Building setback lines if in a cluster subdivision.
(9) Municipal, township, county,' or section lines accurately tied to the lines of the plat by
distances and courses.
. (10) Radii, internal angles, points of curvature, tangent bearings, and lengths of all arcs.
(11) All lot and block numbers and lines, with accurate dimensions in feet and hundredths of feet.
Blocks in numbered additions to subdivisions bearing the same name may be numbered or lettered
consecutively through the several additions.
(12) Area of individual lots shown in square footage on the lot itself. or in a table on the face of
the plat.
fHj .Ql) All lots must be provided with mailing addresses by the building official. Said addresses
must be provided on the face of the final plat.
(14) Total acreage of the site platted, prior to creation of any lots. tracts, or other dedications.
(15) Acreage precluded from development due to the presence of critical areas. including:
wetlands, streams. steep slopes, and other features (along with buffers), broken out bv category, covered
by critical areas regulations.
(16) Acreage dedicated for public rights-of-wav (for both newly created streets and expansions of
existing streets). as well as private tracts, alleys, and ingess/egress and utilities easement created for the
purpose of providing access to lots within subdivisions.
(17) Acreage of tracts (or other areas) dedicated for retention/detention/drainage facilities. open
space and parks, or other on-site public facilities.
(18) Net plat area. which is gross plat area minus critical areas, rights-of-wav. and public puq>ose
lands.
'fHj .Q..2} Accurate locations of all monuments. One such monument shall be located at each street
intersection, point of curvature, and at location to complete a continuous line of sight, and at such other
locations as required by the provisions ofRCW 58.17.240 and by the department of public works.
fl41 (20) All plat meander lines or reference lines along bodies of water shall be established
above, but not farther than 20 feet from the high water line of such water.
~ au Accurate outlines and-legal descriptions of any areas to be dedicated or reserved for
public use, with the purposes indicated thereon and in the dedication; and/or any area to be reserved by
deed covenant for common uses of all property owners.
~ @ If a plat is subject to a dedication, dedication language shall be included on the face of
the plat. Said dedication shall be signed and acknowledged before a notary public by all parties having an
ownership interest in the lands subdivided and recorded as part of the final plat. Roads not dedicated to
the public must be clearly marked on the face of the plat. Any dedication, donation, or grant as shown on
the face of the plat shall be considered to all intents and purposes, as a quitclaim deed to the said donee or
donees, grantee or grantees for his, her, or their use for the purpose intended by the donor or grantors as
aforesaid.
fH1 @ A full and correct legal description of the property platted.
fl-&j (24) Restrictions or conditions on the lots or tracts in the plat required by the hearing
examiner or city council.
8-9f @ All signatures on the final plat mylar shall be in reproducible black ink.
.
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 36 of 54
~ (26) Additional pertinent information as required by director of public works or the director
of community development services.
~ QZ} A drainage release releasing the city for claims for injury or damage resulting from the
storm drainage system to be installed and indemnify the city from claims brought by downstream owners
based on the operation, failure to operate, improper design, or improper construction.
(b) In addition to the above ,requirements, the final plat shall be accompanied by the following
information:
(1) A copy of any deeds, covenants, conditions, or restrictions together with a copy of the
documents which establish and govern any homeowners' association which may be required.
(2) A statement of approval from the director of public works as to the survey data, layout of
streets, alleys, and other rights-of-way, bridges, and other structures.
(3) A statement of approval from the city of Tacoma public utilities department and Lakehaven
utility district as to the water system.
(4) A statement of approval from the Lakehaven utility district as to the sanitary sewer system.
(5) Where appropriate, a statement of approval from the county department of public health as to
the on-site sewage control system.
(6) A complete survey of the section or sections in which the plat is located, or as much thereof as
may be necessary to properly orient the plat within such section or sections.
(7) A certification from the proper officer or officers in charge of tax collections that all taxes and
delinquent assessments for which the property may be liable as of the date of certification have been duly
paid, satisfied or discharged.
(8) A notarized certificate stating that the subdivision has been made with the free consent, and in
accordance with the desires of the owner or owners.
(9) A current (within 30 days) title company certification of:
a. The legal description of the total parcel sought to be subdivided.
b. Those individuals or corporations holding an ownership interest in such parcel.
c. Any lands to be dedicated are in the names of the owners whose signatures appear on the
dedication certificate.
d. Any easements or restrictions affecting the property to be subdivided with a description of
purpose and referenced by auditor's file number and/or recording number.
(c) Whenever a survey ofa proposed subdivision reveals a discrepancy (such as a boundary hiatus, an
overlapping boundary, or a physical appurtenance), which indicates encroachment, lines of possession, or
conflict of title, the discrepancy shall be noted on the face of the final plat and shall also be disclosed in a
title report prepared by a title insurer and issued after the filing of the final plat. The applicant for the plat
shall file the title report with the department of community development services. The applicant shall be
responsible for obtaining and paying for the title report. (Ord. No. 90-41, ~ 1(16.390.10, 16.390.20),2-27-90;
Ord. No. 97-291, ~ 3,4-1-97)
20-134 Time limitation for approval or disapproval of final plats.
Final plats shall be approved, disapproved, or returned to the applicant within 30 days from the date
of filing a complete application unless the applicant consents to an extension of such time period. (Ord.
No. 97-291, 93,4-1-97)
20-135 Improvements - Completion or guarantee.
(a) Prior to approval of the final plat, all surveying and monumentation must be complete. In addition,
all other required improvements must be substantially completed with remaining uncompleted
improvements consisting only of sidewalks, street lighting, landscaping where applicable, or similar
improvements, as determined solely by the departments of community development services and public
works.
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 37 of 54
(b) In lieu of the completion of the remaining construction of required improvements prior to final
plat approval, the applicant may file a performance bond or other suitable security in a form approved by
the city attorney and in an amount to be determined by the director of public works sufficient to guarantee
actual construction and installation of such improvements within six months of final plat approval. The
amount of the security for completion shall not be less than 120 percent of the estimated cost of such
improvements as approved by the public works director.
(c) An agreement must be entered into between the developer and the city, whereby all remaining
improvements shall be completed within six months of entering into the agreement or the city will have
the option of calling the performance security and completing the improvements.
(d) The restoration bond, assignment of funds, or cash deposit, accepted by the city at the pre-
construction stage, shall be no less than 120 percent of the cost of temporary erosion control, and those
facilities necessary to stabilize the site.
(e) Prior to the acceptance by the city of the constructed improvements, the applicant shall file a
maintenance bond or other suitable security in a form approved by the city attorney and in an amount to
be determined by the director of public works guaranteeing the repair or replacement of any improvement
or any landscaping which proves defective or fails to survive within a minimum two-year time period
after final acceptance of the improvements or landscaping. Said maintenance bond shall be no less than
30 percent of the estimated cost of all improvements. (Ord. No. 90-41, S 1(16.400.10 - 16.400.30),2-27-90;
Ord. No. 97-291, S 3,4-1-97)
20-136 Approval and filing.
(a) Following approval of the construction of required improvements, and/or appropriate bonding
pursuant to this section, the director of community development services shall forward the final plat to the
city council for approval.
(b) The city council, in a public meeting, shall make written findings that the final plat is in
substantial conformance to the preliminary plat and is in conformity with applicable zoning ordinances or
other land use controls; that all conditions of the hearing examiner and/or city council have been satisfied;
that the public use and interest shall be served by the establishment of the subdivision and dedication by
determining if appropriate provisions are made for, but not limited to, the public health, safety, general
welfare, open spaces, drainageways, streets and roads, alleys, other public ways, transit stops, potable
water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and shall
consider all other relevant facts, including sidewalks and other planning features that assure safe walking
conditions for students who efll.y walk to and from school; that all required improvements have been
made and maintenance bonds or other security for such improvements have been submitted and accepted;
that all taxes and assessments owing on the property being subdivided have been paid. If the city council
makes such findings, then the plat shall be approved for recording. Dedication ofland to any public body,
provision of public improvements to serve the subdivision, and/or impact fees imposed under RCW
82.02.050 through 82.02.090 may be required as a condition of subdivision approval. Dedications'shall be
clearly shown on the final plat.
(c) The approved and signed final plat, together with all legal instruments pertaining thereto as
required herein, shall be recorded in the county department of elections and records by the city. One
reproducible copy shall be furnished to the city. One paper copy shall be filed with the county assessor.
All fees for such recording shall be paid by the applicant. A copy of the documents stamped with the
recording number shall be forwarded to the county department of assessments for assessment purposes.
Final plats shall be recorded consistent with Chapter 58.09 RCW.
(d) Any lots within a final plat filed for record shall be a valid land use notwithstanding any change in
zoning laws for a period of five years from the date of filing. A subdivision shall be governed by the
terms of approval of the final plat, and the statutes, ordinances, and regulations in effect at the time of
approval for a period of five years after final plat approval, unless the legislative body finds that a change
in conditions creates a serious threat to the public health or safety in the subdivision. (Ord. No. 90-41, 9
1(16.410.10 - 16.410.30), 2-27-90; Ord. No. 97-291, 9 3, 4-1-97)
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 38 of 54
20-137 Appeal of decision on tinal plat.
Any decision approving or disapproving any plat shall be reviewable pursuant to Chapter 36.70C
RCW before the King County superior court. Standing to bring the action is limited to the following
parties:
(1) The applicant or owner of the property on which the subdivision is proposed;
(2) Any property owner within 300 feet of the proposal;
(3) Any property owner who deems himself aggrieved thereby and who will suffer direct and
substantial impacts from the proposed subdivision. (Ord. No. 97-291, 9 3,4-1-97)
20-138, 20-139 Reserved.
Division 8..!L Alterations of Plats
20-140 Plat alteration distinguished from boundary line adjustment.
(a) Applications for revisions to plats shall be processed pursuant to the procedure for alterations of
plats, and shall not be considered boundary line adjustments, as defined in FWCC 20 111, if anyone of
the following threshold criteria are met:
(I) The proposed revision will result in the relocation of any internal private or public street
access point to an exterior street from the plat, or an increase in the number of single-family driveway
access points according to the following threshold criteria:
,
# of Relocated Driveways Affected Street
1 or more Principal Arterial
1 or more Minor Arterial
1 or more Collector Arterial
2 or more Residential Collector
3 or more Neighborhood Access
3 or more Cul-de-Sac
(2) The change will result in any loss of open space area or buffering provided in the plat; or
(3) The city determines that the change will result in or increase any adverse impacts or
undes~rable effects of the project and the change significantly alters the project.
(b) This section shall not be construed as applying to the alteration or replatting of any plat of state
granted tide or shorelines.
(c) This section shall not apply to alterations or reconfigurations to short subdivisions, as short
subdivisions are defined in FWCC 20-1; provided, however, that this exception shall not apply if the short
subdivision is simultaneously owned by the owner of a contiguous lot or parcel at the time of application.
(d) As used in this chapter, "plat alteration" shall also include reconfigurations of legally created
platted or legally created unplatted lots, or both. (Ord. No. 93-191, 9 1, 11-9-93; Ord. No. 97-291, 93,4-1-97)
20-141 Alteration application.
When any person is interested in the alteration of any subdivision or the altering of any portion
thereof, except as provided for in FWCC 20-41 through 20-44, that person shall submit an application to
request the alteration to the city.
(1) Signatories. The application shall contain the signatures of the majority of those persons
having an ownership interest oflots, tracts, parcels, sites or division in the subject subdivision or a portion
to be altered. If the subdivision is subject to restrictive covenants which were filed at the time of approval
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 39 of 54
of the subdivision, and the application for alteration would result in the violation of a covenant, the
application shall contain an agreement signed by all parties subject to the covenants providing that the
parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the
subdivision or portion thereof.
(2) Completed application defined. A completed application shall be as required for preliminary
plats, pursuant to FWCC 20 10720-111. (Ord. No. 93-191, 9 1,11-9-93; Ord. No. 97-291, 9 3,4-1-97)
20-142 Acceptance of application - Routing.
(a) Upon submittal of a completed application for alteration of plat, the department of community
development services shall transmit at least one copy of the application for alteration for review and
recommendation to each of the following:
(I) Public works department;
(2) Lakehaven utility district and/or city of Tacoma public utilities department and/or other utility
district, as appropriate;
(3) Fire Distriot No. 39 South King Fire and Rescue
(4) County department of public health, if septic systems are proposed for sewage disposal;
(5) Federal Way School District No. 210;
(6) Building department;
(7) Other individuals or jurisdictions as deemed appropriate by the director.
(b) An application for plat alteration shall not be accepted for filing for the purpose of official
processing until:
(I) The director of community development services determines that the applicant has paid all
fees and submitted all documents and information as required herein to permit a full public hearing on the
merits of the application; and
(2) The director of community development services has received a notice of availability from the
Lakehaven utility district and/or city of Tacoma public utilities department, for sewer and water and/or
other applicable utility district, as appropriate. (Ord. No. 93-191,9 1, 11-9-93; Ord. No. 97-291, 9 3,4-1-97)
20-143 Process for review and notice of public hearing.
(a) Upon confirmation by the director of community development services that the plat alteration
application is complete and that all pertinent requirements to the environmental policy, FWCC 18-26 et
seq., have been fulfilled, the application shall be processed and reviewed following the procedures
defined in FWCC 20-110 et seq.
(b) Notice of the hearing shall be mailed to the appropriate city or county officials if their-proposed
plat alteration lies within one mile of the adjoining city or county boundary, and to all agencies or private
companies pursuant to FWCC 20-142(a). Additionally, notice shall be mailed to the State Department of
Transportation if the plat proposed to be altered abuts a state highway.
(c) All notices required in this section shall clearly describe in layperson's terms the nature of the
request, the location of the proposal, the date, time and location of the hearing, and address and telephone
number where additional information may be obtained relative to the application. (Ord. No. 93-191, 9 1, 11-
9-93; Ord. No. 97-291,93,4-1-97)
20-144 Report to hearing examiner - Review.
(a) No less than seven days prior to the date of the public hearing, the department of community
development services shall submit to the hearing examiner a written report summarizing the application
for plat alteration. The report shall contain, in addition to the requirements in FWCC 20-110 et seq., the
following information:
(1) A notice of availability from the Lakehaven utility district and/or. city of Tacoma public
utilities department or other applicable utility department, as appropriate.
(2) If the subdivision is to contain a septic system, a letter from the county department of public
health regarding the adequacy and safety of such a system.
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 40 of 54
(3) All communications from other agencies or individuals relating to the application which were
received in time to be included in the report to the hearing examiner.
(4) A list of recommendations from the department of community development services,
department of public works, and other appropriate departments relating to alterations or conditions of plat
approval.
(5) A copy of the declaration of nonsignificance, mitigated declaration of nonsignificance, or
draft environmental impact statement and final environmental impact statement, as applicable, along with
a list of any required mitigation measures issued by the responsible official, if required.
(b) The hearing examiner shall review the application for plat alteration for compliance with FWCC
20-2 (Purpose), and the following selected design criteria:
(I) FWCC 20-151 - Subdivision design;
(2) FWCC 20-152 - Lot design;
(3) FWCC 20-153 - Density;
(4) FWCC 20-155 - Open space and recreation;
(5) FWCC 20-156 - Pedestrian and bicycle access.
(c) The hearing examiner shall also review the application for plat alteration for compliance with the
following development standards:
(1) FWCC 20-176 - Street improvements and dedication of rights-of-way and/or easements;
(2) FWCC 20-177 - Density regulations;
(3) FWCC 20-180 - Streets and rights-of-way;
(4) FWCC 20-181 - Water;
(5) FWCC 20-182 - Sewer disposal;
(6) FWCC 20-183 - Storm drainage;
(7) FW CC 20-184 - Other utilities;
(8) FWCC 20-185 - Street lighting; provided, however, that the application of FWCC 20-185
shall apply only to new roadways proposed as a result of the alteration to the plat;
(9) FWCC 20-187 - Monuments.
(d) The hearing examiner shall also review the application for plat alteration for compliance with any
other applicable ordinances or regulations of the city and Chapter 58.17 RCW.
(e) If any land within the alteration is part of an assessment district, any outstanding assessment shall
be equitably divided and levied against the remaining lots, parcels, tracts, or be levied equitably on the
lots resulting from the alteration. Easements established by dedication are property rights that cannot be
extinguished or altered without the approval of the easement owner or owners, unless the subdivision or
other document creating the dedicated easement provides for an alternative method or methods to
extinguish or alter the easement. (Ord. No. 93-191, S 1, 11-9-93; Ord. No. 97-291, S 3,4-1-97)
20-145 City council review, action.
City council review of hearing examiner recommendations on applications for plat alterations shall be
limited to the record of the hearing examiner, oral comments received at the public meeting (so long as
such comments do not raise new issues or information not contained in the examiner's record) and the
hearing examiner's report. (Ord. No. 93-191, S 1, 11-9-93; Ord. No. 97-291, 9 3,4-1-97)
20-146 Effect - Duration of approval.
(a) Approval of the altered plat by the city council shall constitute conditional acceptance of
subdivision layout and design and shall include all conditions, restrictions and other requirements adopted
by the council as part of plat alteration approval. City council approval of a plat alteration shall not
constitute approval for land clearing or grading, vegetation removal, or any other activities which
otherwise require permits from the city.
(b) Prior to construction of improvements pursuant to altered plat approval, engineering drawings for
public improvements shall be submitted for review and approval to the department of public works and
the Lakehaven utility district and/or city of Tacoma public utilities department, as appropriate. No permits
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 4 I of 54
to begin construction or site work shall be granted until final approval of all utility plans, including storm
drainage, the payment of all pertinent fees, and the submittal of performance securities as may be
required.
(c) Conditional approval of the altered plat shall expire five years from the date of city council
. approval, unless=substantial progress has been made toward completion of the approved alterations to the
plat, or the initial phase of the approved alterations to the plat, if the conditional approval inoluded
phasing. In the event the applicant has not made substantial progress toward completion of the approved
alterations to the plat, the applicant may request an extension from the hearing examiner. The request for
extension must be submitted to the department of community development servioes at least 30 days prior
to the expiration date of the conditional plat alteration.
(d) In considering whether to grant the extension, the hearing examiner shall consider whether
conditions in the vicinity of the altered lots ha'le ohanged to a sufficient degree sinoe oonditional approval
of the alteration to warrant reconsideration. If the hearing examiner deems suoh reconsideration is
vvarranted, a publio hearing shall be scheduled and advertised in acoordanoe with FWCC 20 l13(b).
(e) The hearing examiner may grant a one year extension of the conditional approval of the plat
alteration or may allo",,' division of the altered plat into separate phases, each with an expiration date and
no further opportunity for extension. the applicant requests an extension from the hearing examiner. The
request for extension must be submitted to the department of community development services at least 60
days prior to the expiration date of the conditional plat alteration.
(d) The department of community development services shall schedule and advertise a public hearing
in accordance with FWCC 20-119. In considering whether to grant the extension, the hearing examiner
shall consider the following in the public hearing:
(i) Whether substantial progress has been made toward completion of the approved alterations to
the plat, or the initial phase of the plat, if the conditional approval of the plat alteration included phasing.
(ii) Whether conditions in the vicinity of the altered lots have changed to a sufficient degree since
initial approval to warrant reconsideration of the altered plat.
( e) The hearing examiner may grant a one-vear extension of the conditional approval of the plat
alteration, or may allow division of the altered plat into separate phases, each with an expiration date and
no further opportunity for extension. (Ord. No. 93-191, S 1, 11-9-93; Ord. No. 97-291, S 3,4-1-97)
20-147 Final drawings.
After approval of the alteration and satisfaction of all approval necessary per FWCC 20-l44(b) and
20-l46(b), the legislative body shall order the applicant to produce a final drawing of the approved
alteration of the final plat. The requirements for the final drawing shall be as required for final plats,
pursuant to FWCC 20-132. After signature of the legislative authority, the final drawing shall be filed
with the county auditor to become the lawful plat of the property. (Ord. No. 93-191, S 1, 11-9-93; Ord. No.
97-291, S 3,4-1-97)
Division 9. 12. Vacation of Subdivisions
20-148 Plat vacation application.
When any person is interested in the vacation of any subdivision that person shall submit an
application to request the vacation to the city.
(1) Signatories. The application shall contain the signatures of the majority of those persons
having an ownership interest of lots, tracts, parcels, sites or division in the subject subdivision or a portion
to be vacated. If the subdivision is subject to restrictive covenants which were filed at the time of
approval of the subdivision, and the application for alteration would result in the violation of a covenant,
the application shall contain an agreement signed by all parties subject to the covenants providing that the
parties agree to terminate or alter the relevant covenants to accomplish the purpose of the vacation of the
subdivision or portion thereof.
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 42 of 54
(2) Completed application defined. A completed application shall be as required for preliminary
plats, pursuant to FWCC 20-111. (Ord, No. 98-309, ~ 3, 1-6-98)
20-148.2 Acceptance of application - Routing.
(a) Upon submittal of a completed application for vacation of plat, the department of community
development services shall transmit at least one copy of the application for vacation for review and
recommendation to each of the following:
(I) Public works department;
(2) Lakehaven utility district and/or city of Tacoma public utilities department and/or other utility
district, as appropriate;
(3) Federal Way fire department South King Fire and Rescue
(4) County department of public health, if septic systems are proposed for sewage disposal;
(5) Federal Way School District No. 210;
(6) Building division; and
(7) Other individuals or jurisdictions as deemed appropriate by the director.
(b) An application for plat vacation shall not be accepted for filing for the purpose of official
processing until the director of community development services determines that the applicant has paid all
fees and submitted all documents and information as required herein to permit a full public hearing on the
merits of the application. (Ord. No. 98-309, ~ 3, 1-6-98)
20-148.4 Process for review and notice of public hearing.
(a) Upon confirmation by the director of community development services that the plat vacation
application is complete the application shall be processed and reviewed following the procedures defined
in FWCC 20-115 et seq.
(b) Notice of the hearing shall be mailed to the appropriate city or county officials if the proposed plat
vacation lies within one mile of the adjoining city or county boundary, and to all agencies or private
companies pursuant to FWCC 20-l48.2(a).
(c) All notices required in this section shall clearly describe in layperson's terms the nature of the
request, the location of the proposal, the date, time and location of the hearing, and address and telephone
number where additional information may be obtained relative to the application. (Ord. No. 98-309, ~ 3, 1-
6-98)
20-148.6 Report to hearing examiner - Review.
(a) No less than seven days prior to the date of the public hearing, the department of community
development services shall submit to the hearing examiner a written report summarizing the application
for plat vacation. The report shall contain, in addition to the requirements in FWCC 20-111 et seq., the
following information:
(1) All communications from other agencies or individuals relating to the application which were
received in time to be included in the report to the hearing examiner.
(2) A list of recommendations from the department of community development services,
department of public works, and other appropriate departments relating to plat vacation approval.
(b) The hearing examiner shall review the application in accordance with the procedures stipulated in
Chapter 22 FWCC, Article VII, Process IV Review - Hearing Examiner's Decision. (Ord. No. 98-309, ~ 3,
1-6-98)
20-148.8 City council review, action.
City council review of hearing examiner recommendations on applications for plat alterations shall be
limited to the record of the hearing examiner, oral comments received at the public meeting (so long as
such comments do not raise new issues or information not contained in the examiner's record) and the
hearing examiner's report. (Ord. No. 98-309, ~ 3, 1-6-98)
20-149,20-150 Reserved.
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 43 of 54
Article III.
DESIGN CRITERIA
Sections:
20-151 SubdivisioH Land division design.
20-152 Lot design.
20-153 Density.
20-154 Cluster subdivision.
20-155 Small lot detached development.
20-~ 156 Open space and recreation.
20-Me 157 Pedestrian and bicycle access.
20-1$1-158 View considerations.
20--1$8159- 20-175 Reserved.
20-151 SubdivisioH Land division design.
(a) Subdivisions Land divisions should be designed so that traffic is distributed in a logical manner
toward a collector street system, to avoid intrusion and over-burdening of residential streets, and to
connect with planned or existing streets.
(b) Streets should be coordinated with existing intersections to avoid offsetting new intersections, and
should intersect at a 90-degree angle plus or minus 15 degrees.
(c) No street, or combination of streets, shall function as a cul-de-sac longer than 600 feet.
(d) Block perimeters should be no longer than 1,320 feet for nonmotorized access, and 2,640 feet for
streets.
(e) Subdivisions Land divisions on steep slopes should be designed so that streets are constructed
generally parallel, rather than perpendicular, to the slope.
(f) Streets should be designed in conformance with adopted standards for sight distance at
intersections,. as prescribed in FWCC 22-1151 et seq. (Ord. No. 90-41, 9 1(16.210.10 - 16.210.60), 2-27-90;
Ord. No. 97-291, 9 3,4-1-97; Ord. No. 98-330, 9 3,12-15-98)
20-152 Lot design.
(a) All lots should be of ample dimensions to provide a regular shaped building area which meets
required setbacks.
(b) All lots shall be designed to provide access for emergency apparatus.
(c) All lots should be designed to take advantage of topographic and natural features, view orientation
and privacy.
(d) In generaL all lots shall be accessed bv a public street right-of-way. In certain cases, lots may be
accessed bv an ingress/egress and utilities easement or allev subject to the requirements established in the
City of Federal Wav Public Works Development Standards. Except in a duster subdivision, all lots
should abut a public street right of way. Residential lots should not have access onto arterial streets.
( e) Allev access is encouraged for lots in zero lot line townhouse to avoid a garage-dominant front
yard streetscape. (Ord. No. 90-41, 9 1(16.220.10 - 16.220.40),2-27-90; Ord. No. 97-291, 9 3,4-1-97; Ord, No. 98-
330,93,12-15-98)
20-153 Density.
(a) All lots in conventional subdivisions. both long and short subdivisions. binding site plans, and
small lot detached developments shall meet the density and minimum lot size requirements of Chapter 22
FWCC. Calculation of density in subdi'lisions shall not include streets or vehicle access easements
Minimum lot sizes and density for zero-lot line townhouse development are as allowed in FWCC 22-
6XX. Minimum lot sizes and density for cottage housing are as allowed in FWCC 22-XXX.
(b) Lots created in cluster subdivisions may be below the minimum lot size requirements of Chapter
22 FWCC, Zoning, provided the total number of lots created does not exceed the number which would be
permitted in a conventional subdivision on a site of the same total area, after reservation of required open
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 44 of 54
space as allowed in FWCC 20-154. The teffil maximum number of lots permitted will be calculated by
subtracting the required 15 percent for open space 15 percent and subtracting 20 percent for streets from
the gross land available, then dividing by the minimum lot size of the underlying zoning district.
(Ord. No. 90-41, 9 1(16.230.10, 16.230.20),2-27-90; Ord. No. 97-291, 9 3,4-1-97; Ord. No. 98-309,93,1-6-
98; Ord. No. 98-330,93,12-15-98; Ord. No. 01-381,93,1-16-01)
20-154 Cluster subdivision.
(a) Purpose. The term cluster subdivision applies to both long and short subdivisions. The purpose of
cluster subdivisions is to provide design flexibility, sensitivity to the surrounding environment, and
innovation consistent with the site and the comprehensive plan; promote compatibility with housing on
adjacent properties through lot size and design; promote affordable housing; promote reduction of
impervious surface; and promote usable open space.
(b) Standards.
(1) The gross land area available for cluster subdivisions must be a minimum of two acres.
(2) Lots created in a cluster subdivision may be reduced in size below the minimum required in
Chapter 22 FWCC, up to one-half of the size of the underlying zoning requirement, but in no case smaller
than 5,000 square feet, per lot; provided, that minimum setback requirements are met. This provision
cannot be used together with FWCC 22-976(d)(1) (affordable housing bonus).
(3) When the cluster subdivision abuts an established ~ single-family ~ zoned neighborhood,
the lots in the proposed development immediately adjacent shall be no less than the neighboring lot size,
or the underlying zoning minimum lot size minus 10 percent, whichever is smaller.
(4) Cluster lots may not be created on slopes of 15 percent or greater. Slopes are to be measured
in their natural state.
(5) Open space.
a. Open space created through cluster subdivisions shall be protected from further subdivision
or development by covenants filed and recorded with the final plat of the subdivision.
b. Any subdivision created by this section must provide all open space on-site and it must be
all usable except up to five percent can be buffer.
c. All usable open space must be readily identifiable with the development and easily
accessible by the residents. Usable open space should be the central focus and an amenity for the project.
(6) Cluster subdivisions can be constructed with zero-lot lines under the following conditions:
a. No more than two units shall share a common wall.
b. Zero-lot line cannot occur in zones ofRS 9.6 or greater.
c. Each dwelling unit shall be built to respect privacy of abutting homes.
d. Zero-lot line development cannot exceed 10 percent of the lots proposed unless it is in a
multifamily zone.
e. Each unit shall be intended for owner occupancy.
(7) Cluster lots are not eligible for accessory dwelling units under FWCC 22-613 or 22-648.
(c) Approval criteria. The innovative or beneficial 'overall quality of the proposed development shall
be demonstrated by the following criteria:
(1) The subdivision provides innovative development, otherwise not allowed, but which promotes
the goals of the comprehensive plan for architectural compatibility with single-family housing on adjacent
properties.
(2) The subdivision results in 15 percent common open space of which at least 10 percent of the
gross land area must be useable on-site open space, which is identified with the development and easily
accessible to residents.
(3) Cluster lots immediately adjacent to existing neighborhoods have incorporated design
elements through lot size and architecture to be compatible as approved by the community development
services director.
(4) The cluster subdivision will not result in destruction or damage to natural, scenic, or historic
features.
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 45 of 54
(5) Each dwelling unit shall meet the design standards in the Federal 'Nay City Code FWCC
community design guidelines for cluster subdivisions. (Ord. No. 90-41, S 1(16.240.10 - 16.240.30),2-27-90;
Ord. No. 97-291, S 3,4-1-97; Ord. No. 98-309, S 3,1-6-98; Ord. No. 98-330, S 3,12-15-98; Ord. No, 01-381, S 3,
1-16-01)
20-155 Small lot detached development.
(a) Purpose. The purpose of small lot detached development is to promote additional housing
ownership opportunities within multifamilv (RM) residential zoning districts, and provide design
flexibility and innovation consistent with the site and the comprehensive plan;
(b) Approval process. Small lot detached development must obtain designation as an innovative
housing demonstration development based on an approval process defined in an adopted ordinance. To
qualify as an innovative housing demonstration development, the proposed development shall comply
with the following minimum requirements:
(1) Designation as an innovative housing demonstration development shall be based on approval
of a conceptual site plan.
(2) Designation as an innovative housing: demonstration development shall be based on approval
of conceptual architectural renderings showing elevations, design, materials, and colors of dwelling units.
(c) Approval criteria. The innovative or beneficial overall quality of the proposed development shall
be demonstrated bv the following criteria:
(1) It provides a variety of housing and site design innovations.
(2) It promotes the goals of the comprehensive plan for architectural compatibility with
residential development on adjacent properties.
(3) It provides elements that contribute to a sense of community within the development by
including elements such as front entry porches, common open space, and pedestrian connectivity.
(4) It orovides a mechanism. acceotable to the Director of Community Develooment. to ensure
the continued care and maintenance of all common areas. including, but not limited to orivate tracts and
common ooen soace areas bv a homeowners' association with authority and adeauate funding to maintain
the common areas.
20 15520-156 Open space and recreation.
(a) For the purpose of this article, open space shall be described in the following categories:
(1) Usable open space. Areas which have appropriate topography, soils, drainage and size to be
considered for development as active recreation areas.
(2) Conservation open space. Areas containing special natural or physical amenities or
environmentally sensitive features, the conservation of which would benefit surrounding properties or the
community as a whole. Such areas may include, but are not limited to, stands of large trees, view
corridors or view.points, creeks and streams, wetlands and marshes, ponds and lakes or areas of historical
or archaeological importance. Conservation open space and usable open space may be, but are not always,
mutually inclusive.
(3) Buffer open space. Areas which are primarily intended to provide separation between
properties or between properties and streets. Buffer open space may, but does not always, contain usable
open space or conservation open space.
(4) Severely constrained open space. Areas not included in any of the above categories which,
due to physical characteristics, are impractical or unsafe for development. Such areas may include but are
not limited to steep rock escarpments or areas of unstable soils.
(b) All residential subdivisions, except for cottage housing, and zero lot line townhouse development,
shall be required to provide open space in the amount of 15 percent of the gross land area of the
subdivision site7~ Open space requirements for zero lot line townhouse development are found in FWCC
22-6XX and open space requirements for cottage housing are found in FWCC 22-923. e.Except for
subdivisions created under FWCC 20-154, and small lot detached development created under FWCC 20-
Exhibit 2, fwCC Chapter 20, "Subdivisions" Page 46 of 54
lL a fee-in-lieu payment may be made to satisfy open space requirements at the discretion of the parks
director after consideration of the city's overall park plan, quality, location, and service area of the open
space that would otherwise be provided within the project. If the city determines that the location, quality,
or extent of the required proi ect open space, particularlv on smaller plats, short plats, or other divisions of
land, would not fulfill the intent or purpose of useful common open space, a payment of an equivalent
fee-in-lieu of the required project open space shall be paid.
The fee-in-lieu of open space shall be calculated on 15 percent of the most recent assessed value of
the property. In the absence of an assessment, the market value shall be based on an appraisal conducted
by a MAl certified appraiser or another professional appraiser approved by the parks director If the
applidmt offers to pay money in lieu of open' space, and if the city accepts the offer, the amount shall be
determined based upon the square footage of open space which otherwise would have been required to be
provided, times the then current market value per square foot of similarly situated property. f~nd except
fef For lots within an existing subdivision, where open space was already dedicated or a fee-in-lieu paid,
the percent of open space required will be the difference between the open space dedicated prior and 15
percent. Any fees collected shall be utilized within the park comprehensive plan planning area that the
subject property falls within, unless the applicant by voluntary agreement directs the expenditures of such
fees in a different planning area. Open space created through small lot detached development shall be
protected from further subdivision or development by covenants filed and recorded with the final plat of
the subdivision. All usable open space must be readily identifiable with the development and easily
accessible by the residents. Usable open space should be the central focus and an amenity for the project.
C€lmftum. €lJHlR s}3a€l€l aNa air,' €lthgr €l€lmm€ln ar€las shall \"J€ €l':m€a lma maiNtaiN€a \"J'; a h€lm€l€l':m€fS
ass€l€liati€lN '::itn aMtn€lrit'; aNa aa€€)Mat€l flillaiN!:: t€l maintaiN th€l €l€lIDm.€lN ar€as.
(c) Any combination of open space types may be used to accomplish the total area required to be
reserved as follows:
% 0 Gross Land Area
10% minimum
No maximum or minimum
2% maximum
2% maximum
An administrative alteration of the open space category percentage requirements within the above
categories may be made by the parks director on a case-by-case basis, but in no case shall the
combination of categories total less than 15 percent unless otherwise provided for in FWCC 20-140.
Review and approval of such cases shall be based on the following considerations:
(1) The change in percentage requirements would result in a superior open space plan than could
be accomplished under the standard percentage requirements.
(2) The availability and types of open space located within the immediate area.
(3) The presence on site of environmental features that are unique, rare or oflocal importance.
(4) The opportunities for the preservation of significant views and creation of public access points
of interest.
(5) The relationship of the proposed open space to the city's park plan.
(d) Open space which is part of an adopted parks, recreation, trails or open space plan may be
dedicated to the city for such. purposes.
(e) Open space not part of an adopted parks, recreation, trails or open space plan shall be owned in
common undivided interest by all property owners within the subdivision land division as members of a
Homeowners' Association or corporation as set out in a declaration of covenants and restrictions, and
approved by the city.
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 47 of 54
(f) Subject to approval by the city, ownership in open space may be transferred to a special interest
group or organization which shall assume the responsibility of maintaining the open space for its intended
purpose. (Ord. No. 90-41, ~ 1(16,250.10- 16.250.60),2-27-90; Ord. No. 97-291, ~ 3, 4-1-97; Ord. No. 98-309, ~ 3,
1-6-98; Ord. No. 98-330, ~ 3, 12-15-98)
~156 20-157 Pedestrian and bicycle access.
(a) In addition to the sidewalks required in FWCC 22~1471 regarding requirements to rights-of-way
and vehicular easements, pedestrian and bicycle access should be provided for established or planned safe
school routes, bikeways, trails, transit stops, and general circulation.
(b) Pedestrian and bicycle access shall be provided in 20 feet of dedicated right-of-way. Paved width
shall be 12 feet. Pedestrian-scale lighting shall be provided if the two ends of the access corridor are not
intervisible. No sight-obscuring fences or landscaping shall be permitted abutting access corridors.
(c) Pedestrian and bicycle access shall be provided to develop a nonmotorized network with a block
perimeter of no greater than 1,320 feet, as measured on centerlines. This requirement may be modified if
connections cannot be made due to:
(1) Topographical constraints.
(2) Environmentally sensitive areas.
(3) Adjacent development is not being conducive.
(d) Pedestrian and bicycle access corridors shall be considered as usable open space in determining
open space requirements. (Ord. No. 90-41, ~ 1(16.260.10 - 16.260.30),2-27-90; Ord. No. 97-291, ~ 3,4-1-97;
Ord. No. 98-330, ~ 3, 12-15-98)
20 15720-158 View considerations.
(a) Design of new subdivisions land divisions adjacent to existing development should assess the
potential blockage of existing views and utilize methods such as staggered or offset lot lines and building
areas so as to reduce horizontal view blockage.
(b) Where feasible, subdivision land division design shall recognize and preserve important view
corridors by proper location of street rights-of-way, view conservation easements or other means. (Ord.
No. 90-41, ~ 1(16.:nO.10, 16.270.20),2-27-90; Ord. No. 97-291, ~ 3,4-1-97; Ord. No. 98-330, ~ 3,12-15-98)
20 15820-159- 20-175 Reserved.
Article IV.
IMPROVEMENTS
Sections:
20-176 Improvements required.
20-177 Density regulations.
20-178 Buffers.
20-179 Retention of vegetation.
20-180 Streets and rights-of-way.
20-181 Water.
20-182 Sewage disposal.
20-183 Storm drainage.
20-184 Other utilities.
20-185 Street lighting.
20-186 Landscaping protection and enhancement.
20-187 Monuments.
20-188 - 20-205 Reserved.
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 48 of 54
20-176 Improvements required.
Street improveme.nts, and the dedication of rights-of-way and/or easements, shall be required in
accordance with FWCC 22-1471 et seq., and with the City of Federal Way Public Works Development
Standards regarding required improvements to rights-of-way, as well as ingress/egress and utilities
easement and allevs vehicular access easements. If a plat is subject to a dedication, dedication language
shall be included on the face of the plat. Roads not dedicated to the public must be clearly marked on the
face of the plat. Any dedication, donation, or grant as shown on the face of the plat shall be considered, to
all intents and purposes, as a quitclaim deed to the said donee or donees, grantee or grantees for his, her,
or their use for the purpose intended by the donor or grantors as aforesaid. (Ord. No. 90-41, 9 1(16.440.20),
2-27-90; Ord. No. 97-291, 9 3,4-1-97; Ord. No. 98-330, 9 3,12-15-98)
20-177 Density regulations.
Density or parcel size, setbacks and buffers shall be in accordance with Chapter 22 FWCC, Zoning.
(Ord. No. 90-41, 91(16.440.10),2-27-90; Ord. No. 98-330,93,12-15-98)
20-178 Buffers.
(a) Subdivision Land divisions, except for commercial binding site plans, desigfl should provide a 10-
foot-wide Type III landscape strip along all arterial streets to shield new residences from arterial streets.
See FWCC 22-l565(c). Said landscape strip shall be provided in a separate tract to be owned and
maintained by the homeowners' association and shall be credited to the buffer requirements ofFWCC 20-
155.
(1) Buffer Type 2 when adjacent to nonresidential or nonagricultural uses;
(2) Buffer Type 3 'Nhen adjacent to multifamily or prof.essional office uses;
(3) Buffer Type 3 when the density of the proposed subdivision exceeds the allowed density of
adjacent platted, single family properties.
(b) Existing mature vegetation shall be retained for buffering purposes as provided in FWCC 22 1573
regarding use of significant natural vegetation.
fej Dll Perimeter fencing in subdivisions shall be located on the interior side of landscape strips
planted along arterial streets. (Ord. No. 90-41, 9 1(16.280.10 - 16,280.30), 2-27-90; Ord. No. 97-291, 9 3,4-1-
97; Ord. No. 98-330,93,12-15-98)
20-179 Retention of vegetation.
(a) All natural vegetation shall be retained on the site to be subdivided except that which will be
removed for improvements or grading as shown on approved engineering plans. For zero-lot line
townhouse development, Clearing: and grading shall be allowed to accommodate the construction of the
building(s). If development is to be phased, clearing and grading shall also be phased. A preliminary
clearing and grading plan shall be submitted as part of preliminary plat application.
(b) Existing mature vegetations shall be retained to the maximum extent possible. Preservation of
significant trees pursuant to FWCC 22-1568 shall apply solely to the development of each single-family
lot at the time a building permit is applied for.
(c) Lots created on slopes of 15 percent or greater shall minimize grading and shall not result in
extensive use of retaining walls. Slopes are to be measured in their natural state. (Ord. No. 90-41, 9
1(16.290),2-27-90; Ord. No. 97-291, 9 3,4-1-97; Ord. No. 98-330,93,12-15-98)
20-180 Streets and rights-of-way.
(a) All s~treets within an approved subdivision land division shall be within a dedicated public right-
of-way. Private tracts may be used in short subdivisions and cluster subdivisions using cross-section type
"Y" as described in FWCC 22-1528. Ingess/egress and utilities easements and alleys mav be utilized
when certain conditions established in the City of Federal Way Public Works Development Standards are
met.
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 49 of 54
(b) All streets within the public rights-of-way shall be improved to the standards specified in FWCC
22-1471 et seq., regarding required improvements to rights-of-way. Improvements to . private tracts,
alleys, and ingess/egress and utilities easement and 'lehicular access easements al1d tracts shall comply
with the City of Federal Wav Public Works Development Standards.
(c) All streets abutting the subdivision or short subdivision a land division shall be improved in
accordance with FWCC 22-1471 et seq., and the City of Federal Wav Public Works Development
Standards regarding required improvements to rights of way and vehioular access easements.
(d) All traffic control devices within the subdivision or short subdivision a land division shall be
provided by the developer as required by the director of public works.
(e) Streets shall be provided to develop a street network with a block perimeter of no greater than
2,640 feet, as measured on centerlines. This requirement may be modified if connections cannot be made
due to:
(1) Topographical constraints'.
(2) Environmentally sensitive areas.
(3) Adjacent development is not being conducive.
(f) Additional off-site street and traffic control improvements may be required to mitigate impacts
resulting from the subdivision or short subdivision. land division. (Ord. No. 90-4], S 1(]6.300.l0 -
16.300.50),2-27-90; Ord. No. 97-291, S 3,4-1-97; Ord. No. 98-330, S 3, 12-15-98)
20-181 Water.
(a) All lots in a subdivision, or short subdivision land division shall be served by a water system
designed and constructed to the specifications of the Lakehaven utility district or city of Tacoma public
utilities department or any other appropriate district.
(b) The water system shall be dedicated to the Lakehaven utility district or city of Tacoma public
utilities department or any other appropriate district upon approval and recording of the final plat~ or short
plat land division. Easements shall be shown on the face of the final plat recorded document. (Ord. No. 90-
4], S 1(16.310.]0, 16.310.20),2-27-90; Ord. No. 97-29], S 3, 4-1-97; Ord. No. 98-330, S 3, ]2-15-98)
20-182 Sewage disposal.
(a) Wherever feasible, all lots in subdivisions~ and short subdivisions land divisions shall be
connected to a sanitary sewer system designed and constructed to the specifications of the Lakehaven
utility district or other appropriate district.
(b) The sanitary sewer system shall be dedicated to the Lakehaven utility district or other appropriate
district upon approval and recording of the final plat~ or short plat land division. Easements shall be
shown on the face of the final plat recorded document.
(c) Where connection to the sanitary sewer system is not feasible, on-site sewage disposal systems
may be utilized. The design and construction of such systems shall be approved by the Seattle-King
County department of public health. (Ord. No. 90-4], S ](16.320.10 - 16.320.30), 2-27-90; Ord. No. 97-291', S
3,4-1-97; Ord. No. 98-330, S 3, 12-15-98)
20-183 Storm drainage.
(a) All subdivisions and short subdivisions land divisions shall be provided with an adequate storm
drainage system designed and constructed in accordance with the surface water management requirements
in FWCC 21-26 et seq., and the storm and surface water utility requirements in FWCC 16-76 et seq.
(b) As required by the director of public works, subdivisions and short subdivisions land divisions
shall provide stormwater detention or retention facilities. Such required systems should include bio-
filtration swales, oil/water separation devices, or any other appropriate systems approved by the public
works director.
(c) As appropriate, the storm drainage system shall be dedicated to the city upon approval of'the final
plat or short plat recorded document. (Ord. No. 90-4], S 1(16.330),2-27-90; Ord. No. 97-291, S 3, 4-1-97; Ord.
No. 98-330, S 3, 12-15-98)
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 50 of 54
20-184 Other utilities.
(a) All lots in subdivisions and short subdivisions land divisions shall be served with electricity,
telephone, cable television and natural gas, if available.
(b) All utilities shall be provided underground.
-(c) All easements shall be shown on the face of the final plat or short plat recorded document. (Ord.
No. 90-41, 9 1 (16.340.1 0, 16.340.20),2-27-90; Ord. No. 97-291,93,4-1-97; Ord. No. 98-330, 9 3, 12-15-98)
20-185 Street lighting.
(a) All subdivisions and short subdivisions land divisions shall install street lighting on all streets in
accordance with public works design standards.
(b) Light standard and luminary design shall be approved by the director of public works. (Ord. No.
90-41,9 1(16.350.10, 16.350.20),2-27-90; Ord. No. 97-29],93,4-1-97; Ord. No. 98-330, 9 3,12-15-98)
20-186 Landscaping protection and enhancement.
(a) A landscape plan prepared by a licensed landscape architect shall be submitted with each
subdivision or short subdivision application for a land division. The plan shall identify existing wooded
areas, significant trees, meadows, rock outcroppings, and other landscape features. The plan shall also
show proposed buffers, open spaces, street trees, and other ornamental landscaping.
(b) Significant trees, as defined in Chapter 22 FWCC, Zoning, shall be identified, except for those to
be removed in areas to be improved or graded as shown on the preliminary plat application for a land
division. During construction of subdi'/ision improvements and permitting of single family residences
buildings, protection techniques, as required in Chapter 22 FWCC, Zoning, shall be used to protect the
identified trees from harm or destruction, and to restore trees damaged or lost. Significant trees to be
preserved shall be visibly marked by flagging.
(c) Where safe and feasible, the meandering of streets and/or sidewalks around significant trees is
encouraged.
(d) All street trees and other plantings shall be installed in conformance with standard landscaping
practices and with appropriate city guidelines and regulations. (Ord. No. 90-41, 9 1 (16.360.10 - 16.360.40), 2-
27-90; Ord. No, 97-291, 93,4-1-97)
20-187 Monuments.
(a) Permanent survey control monuments shall be provided for all final plats and short plats recorded
documents at:
(I) All controlling comers on the boundaries of the subdi'lision or short subdivision land division;
(2) The intersection of centerlines of roads within the subdivision or short subdivision land
division; and
(3) The beginnings and ends of curves on centerlines or points of intersections on tangents.
(b) Permanent survey control monuments shall be set in two-inch pipe, 24 inches long, filled with
concrete or shall be constructed of an approved equivalent. Permanent survey control monuments within a
street shall be set after the street is paved. Every lot comer shall be marked by a three-quarter-inch
galvanized iron pipe or approved equivalent, driven into the ground. If any land in a subdivision or short
subdivision land division is contiguous to a meandered body of water, the meander line shall be re-
established and shown on the final plat or short plat. (Ord. No. 90-41, 9 1(16.370.10, ]6.370.20),2-27-90; Ord.
No. 97-291,93,4-1-97)
20-188 - 20-205 Reserved.
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 51 of 54
,
Article V.
PUBLIC IMPROVEMENT ASSESSMENTS
Sections:
20-206 Purpose.
20-207 Authorization.
20-208 Contents of application.
20-209 Notice to property owners.
20-210 City council action.
20-211 Preliminary assessment reimbursement area - Amendments..
20-212 Contract execution and recording.
20-213 Application fees.
20-214 City financing of improvement projects.
20-206 Purpose.
This article is intended to implement and thereby make available to the public the provisions ofRCW
35.72.010 et seq., by allowing the city to contract with the owners of real estate for the construction or
improvement of street projects which the owners elect to install as a result of ordinances requiring such
projects as a prerequisite to further property development, and allowing the partial reimbursement to the
owner by other property owners benefiting from such improvements in certain instances. (Ord. No. 90-22,
9 1, 1-30-90; Ord. No. 97-291, 9 3,4-1-97)
20-207 Authorization.
Any owner of real estate who is required to construct or improve street projects as a result of any
provision of this article as a prerequisite to further development may make application to the public works
director for the establishment by contract of an assessment reimbursement area as provided by state law.
(Ord. No. 90-22,92, ]-30-90; Ord. No. 97-291,93,4-1-97)
20-208 Contents of application.
Every application for the establishment of an assessment reimbursement area shall be accompanied
by the application fee specified in FWCC 20-213 and shall include the following items:
(1) Detailed construction plans and drawings of the entire street project, the costs of which are to
be borne by the assessment reimbursement area, prepared and stamped by a state licensed engineer;
(2) Itemization of all costs of the street project including, but not limited to, design, grading,
paving, installation of curbs, gutters, storm drainage, sidewalks, street lights, engineering, construction,
property acquisition and contract administration;
(3) A map and legal description identifying the proposed boundaries of the assessment
reimbursement area and each separately owned parcel within the area. Such map shall identify the
location of the street project in relation to the parcels of property in such area;
(4) A proposed assessment reimbursement roll stating the proposed assessment for each separate
parcel of property within the proposed assessment reimbursement area as determined by apportioning the
total project cost on the basis of the benefit ofthe project to each parcel of property within such area;
(5) A complete list of record owners of property within the proposed assessment reimbursement
area certified as complete and accurate by the applicant and which states names and mailing addresses for
each such owner;
(6) Envelopes addressed to each of the record owners of property at the address shown on the tax
rolls of the county treasurer within the assessment reimbursement area who has not contributed a pro rata
share of such costs as based on the benefit to the property owner from such project. Proper postage for
registered mail shall be affixed or provided;
(7) Copies of executed deeds and/or easements in which the applicant is the grantee for all
property necessary for the installation of such street project. (Ord. No. 90-22, 9 3, 1-30-90; Ord. No. 97-29], 9
3, 4-1-97)
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 52 of 54
20-209 Notice to property owners.
Prior to the execution of arty contract with the city establishing an assessment reimbursement area,
the public works director or designee shall mail, via registered mail, a notice to all record property owners
within the assessment reimbursement area as determined by the city on the basis of information and
materials supplied by the applicant, stating the preliminary boundaries of such area and assessments along
with substantially the following statement:
As a property owner within the Assessment Reimbursement Area whose preliminary boundaries are
enclosed with this notice, you or your heirs and assigns may be obligated to pay under certain
circumstances, a pro rata share of construction and contract administration costs of a certain street project
that has been preliminarily determined to benefit your property. The proposed amount of such pro rata
share or assessment is also enClosed with this notice. You, or your heirs and assigns, may have to pay
such share, if any development permits are issued for development on your property within ( )
years of the date a contract establishing such area is recorded with the King County Department of
Records, provided such development would have required similar street improvements for approval. You
have a right to object to your property's assessment and request a hearing before the Federal Way City
Council within twenty (20) days of the date of this notice. All such requests must be in writing and filed
with the city clerk. After such contract is recorded it shall be binding on all owners of record within the
assessment area who are not a party to the contract. Dated:
(Ord. No. 90-22, ~ 4,1-30-90; Ord. No. 97-29], ~ 3, 4-1-97)
20-210 City council action.
If the owner of any property within the proposed assessment reimbursement area requests a hearing,
notice of such shall be given to all affected property owners in addition to the regular notice requirements
specified by this article. Cost of this notice shall be borne by the applicant. At the hearing the city council
shall take testimony from affected property owners and make a final determination of the area boundaries,
the amount of assessments, length of time for which reimbursement shall be required and shall authorize
the execution of appropriate documents. If no hearing is requested, the council may consider and take
final action on these matters at any public meeting held more than 20 days after notice was mailed to the
affected property owners. (Ord. No. 90-22, ~ 5, ]-30-90; Ord. No. 97-291, ~ 3,4-1-97)
20-211 Preliminary assessment reimbursement area - Amendments.
If the preliminary determination of area boundaries and assessments is amended so as to raise any
assessment appearing thereon, or to include omitted property, a new notice of area boundaries and
assessments shall be given as in the case of an original notice; provided, that as to any property originally
included in the preliminary assessment area which assessment has not been raised, no objections shall be
considered by the council unless the objections were made in writing at or prior to the date fixed for the
original hearing. The city council's ruling shall be determinative and final. (Ord. No. 90-22, ~ 6, 1-30-90;
Ord. No. 97-291, ~ 3,4-1-97)
20-212 Contract execution and recording.
(a) Within 30 days of final city council approval of an assessment reimbursement agreement, the
applicant shall execute and present such agreement for the signature of the appropriate city officials.
(b) To be binding the agreement must be recorded with the county department of records within 30
days of the final execution of the agreement pursuant to RCW 35.72.030.
(c) If the contract is so filed and recorded, it shall be binding on owners of record within the
assessment area who are not party to the agreement. (Ord. No. 90-22, ~ 7, 1-30-90; Ord. No. 97-291, ~ 3,4-1-
97)
20-213 Application fees.
The applicant for street reimbursement agreements as provided for in this article shall reimburse the
city for the full administrative and professional costs of reviewing and processing such application and of
preparing the agreement. At the time of application a minimum fee of $250.00, plus 0.025 percent of the
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 53 of 54
value of the assessment contract, to a maximum of $2,500 shall be deposited with the city and credited
against the actual costs incurred. The applicant shall reimburse the city for such costs before the
agreement is recorded. (Ord. No. 90-22, 9 8, ]-30-90; Ord. No. 97-29],93,4-1-97)
20-214 City financing of improvement projects.
As an alternative to financing projects identified in this article solely by owners of real estate, the city
may join in the financing of an improvement project and may be reimbursed in the same manner as the
owners of real estate who participate in the project, upon the passage of an ordinance specifying the
conditions of the city's participation in such project. The city shall be reimbursed only for the costs of
improvements that benefit that portion of the public who will use the developments within the established
assessment reimbursement area. No city costs for improvements that benefit the general public shall be
reimbursed. (Ord. No. 90-22, 9 9, 1-30-90; Ord. No. 97-29],93,4-1-97)
1:\2006 Code Amendments\Small Lot and Zero Lot Line Amendments\Planning Commission\Exhibit 2 Subdivisions.doc
Exhibit 2, FWCC Chapter 20, "Subdivisions" Page 54 of 54
Exhibit 3
Federal Way City Code (FWCC)
Chapter 22. Zoning
Article I. In General
Sections:
22-1 Definitions.
22-2 Authority.
22-3 Purpose.
22-4 Reserved.
22-5 Reserved.
22-6 Modification of interpretation - Permits unaffected.
22-7 Variance, permit, decision or discretionary approval.
22-8 Conflict of provisions.
22-9 Effective date.
22-10 Easement agreements approved by the city attorney.
22-11 Violation of this chapter.
22-12 - 22-30 Reserved.
22-1 Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Abandoned means knowing relinquishment, by the owner, of right or claim to the subject property or
structure on that property, without any intention of transferring rights to tpe property or structure to
another owner, tenant, or lessee, or of resuming the owner's use of the property. "Abandoned" shall
include but not be limited to circumstances involving tax forfeiture, bankruptcy, or mortgage foreclosure.
Abandoned personal wireless service facility means a PWSF that meets the following:
(1) Operation has voluntarily ceased for a period of 60 or more consecutive days; or
(2) The effective radiated power of an antenna has been reduced by 75 percent for a period of 60 or
more consecutive days; or
(3) The antenna has been relocated at a point less than 80 percent of the height of the support
structure; or
(4) The number of transmissions from an antenna has been reduced by 75 percent for a period of 60
or more consecutive days.
Accessory means a use, activity, structure or part of a structure which is subordinate aild incidental to
the main activity or structure on the subject property.
Accessory dwelling unit (ADU) means either a freestanding detached structure or an attached part of a
structure which is subordinate and incidental to the main or primary dwelling unit located on the subject
property, providing complete, independent living facilities exclusively for one single housekeeping unit,
including permanent provisions for living, sleeping, cooking and sanitation.
ADO, attached means an accessory dwelling unit that has one or more vertical and/or horizontal walls,
in common with or attached to the primary dwelling unit.
ADU, detached means a freestanding accessory dwelling unit that is not attached or physically
connected to the primary dwelling unit.
Accessory hardship dwelling unit means an attached ADU which satisfies the criteria set forth in
FWCC 22 63322-965.
Exhibit 3, FWCC Chapter 22, Article I, Definitions Page 1
Accessory living facility means an area or structure on the subject property, which is accessory to a
permitted use on a commercial subject property, providing provisions for living, cooking, sleeping and
sanitation for an employee on the subject property and that employee's family, or for the business
owner/operator and that person's fam i Iy.
Adjoining means property that touches or is directly across a street from the subject property. For the
purpose of height regulations, any portion of a structure which is 100 feet or more from a low density
zone is not considered to be adjoining that zone.
Adult entertainment activity or use shall mean all of the following:
(1) Adult theater shall mean a building or enclosure or any portion thereof used for presenting
material distinguished or characterized by an emphasis on matter depicting, describing or relating to
specified sexual activities or specified anatomical areas (defined as follows) for observation by patrons
therein and which excludes minors by virtue of age.
a. Specified anatomical areas shall mean both of the following:
I. When less than completely and opaquely covered:
i. Human genitals or pubic region;
ii. Human buttock;
iii. Human female breast below a point immediately above the top of the areola;
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
b. Specified sexual activities shall mean all ofthe following:
1. Human genitals in a state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse or sodomy;
3. Fondling or other erotic touching of human genitals, pubic region, buttock or breast.
(2) Adult bookstore shall mean an establishment which in whole or in ,portion thereof has a substantial
or significant portion of its stock and trade books, magazines or other periodicals, which are distinguished
or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities"
or "specified anatomical areas" and which excludes minors by virtue of age.
(3) Adult cabaret shall mean a cabaret, nightclub or other establishment which features go-go
dancers, exotic dancers, strippers, male or female impersonators, similar entertainers or attendants, who
are so clothed or dressed as to emphasize specified anatomical areas and/or whose performances or other
activities include or mimic specified sexual activities and which establishment excludes minors by virtue
of age.
Activities and uses defined as "adult entertainment activity or use" are only permitted in the zone
where that terrtl is specifically listed as an allowable use and only in conformance to the requirements as
stated for that use.
Agricultural use means any agricultural, stable or livestock use listed as an allowable use in the
suburban estate zones.
Air rights means the right to, in some manner, control the use of the space above the surface of the
ground.
AKARTmeans "...all known, available and reasonable methods of prevention, control and treatment" as
interpreted in WAC 173-20 I A-020. This is a technology-based approach to limiting pollutants from
wastewater discharges, which requires both an engineering and economic judgment.
Alluvium means soil deposits transported by surface waters.
Antenna(s) means any system of electromagnetically tuned wires, poles, rods, reflecting discs or
similar devices used to transmit" or receive electromagnetic waves between terrestrial and/or orbital based
points, including, but is not limited to:
(1) Omni-directional (or "whip ") antenna(s) transmits and receives radio frequency signals in a 360-
degree radial pattern.
(2) Directional (or "panel") antenna(s) transmits and receives radio frequency signals in a specific
directional pattern of less than 360 degrees.
Exhibit 3, FWCC Chapter 22, Article I, Definitions Page 2
(3) Parabolic (or "dish ') anlenna(s) is a bowl-shaped device for the reception and/or transmission of
communications signals in a specific directional pattern.
(4) Ancillary antenna is an antenna that is less than 12 inches in its largest dimension and that is not
directly used to provide personal wireless communications services. An example would be a global
positioning satellite (GPS) antenna.
Antique or collectible means any article which, because of age, rarity, or historical significance, has a
monetary value greater than its original value, or which has an age recognized by the United States
government as entitling the article to an import duty less than that prescribed for contemporary
merchandise. A store or shop selling only such articles, or offering them for sale, shall be considered as a
dealership selling antiques or collectibles and not as a dealership selling second-hand merchandise.
Applicant means both of the following, depending on the content:
(1) A person who applies for any permit or approval to do anything governed by this chapter, which
person must be the owner of the subject property, the authorized agent of the owner, or the city.
(2) Any person who is engaging ih an activity g?verned by this chapter or who is the owner of
property subject to this chapter.
Aquifer means a water-bearing porous soil or rock strata capable of yielding a significant amount of
groundwater to wells or springs.
Average building elevation (ABE) means a reference datum on a subject property from which building
height is measured. ABE is the average of the highest and lowest existing or proposed elevations,
whichever is lowest, taken at the base of the exterior walls of the structure; provided, that ABE shall not
be greater than five feet above the lowest existing or proposed elevation.
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8elCtion datum(ABE) Be'lGlion
Average slope means the average grade of land within each land area representing a distinct
topographical change.
Backfill means material placed into an excavated area, pit, trench or behind a constructed retaining wall
or foundation.
Big box retail means large-scale retail that occupies more than 50,000 square feet and derives their
profit from high sales volumes.
BMPs or best management practicers) means maintenance measures and operational practices that are
considered the most effective, practical means of preventing or reducing pollution from nonpoint or point
sources. BMPs are defined by trade organizations, government agencies, and other organizations involved
in pollution prevention and environmental regulation.
Building means a roofed structure used for or intended for human occupancy.
Building mounted signs means all of the following: wall-mounted signs, marquee signs, under marquee
signs and projecting signs.
Bulkhead means a wall or embankment used for retaining earth.
Business or vocational school means a post-secondary institution that offers instruction in business
principles and practices that will enhance one's ability to perform in a business setting, i.e., secretarial,
accounting, purchasing, computer programming or usage, or training in fields such as health services,
restaurant management, real estate, beautician training, or professional training or continuing education in
these or similar fields.
Exhibit 3, FWCC Chapter 22, Article I, Definitions Page 3
Cell-an-wheels (C-O-W) means a mobile temporary personal wireless service facility.
Cemetery means land used or intended to be used for the burial of the dead and dedicated for cemetery
purposes, including columbariums, crematories, mausoleums and mortuaries, and related uses, when
operated in conjunction with and within boundaries of such cemetery.
Change of use means a change of use determined to have occurred when it is found that the general
character of the operation has been modified. This determination shall include review of, but not be
limited to:
(I) Hours of operation;
(2) Required parking;
(3) Traffic generation;
(4) General appearance;
(5) Type, extent or amount of indoor or outdoor storage; and
(6) Constituents of surface water discharge or runoff.
Church, synagogue or other place of religious worship means an establishment, the principal purpose
of which is religious worship and for which the principal building or other structure contains the
sanctuary or principal place of worship, and which establishment may include related accessory uses.
Class I home occupation means those home businesses that qualify as home occupations under this
zoning chapter, except family child care homes.
Class II home occupation means those family child care homes that qualify under FWCC 22-1069.
College or university means a post-secondary institution for higher learning that grants associate or
bachelor degrees and may also have research facilities and/or professional schools that grant master and
doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or
certificates of completion in business or technical fields.
Collocation means the placement and arrangement of multiple providers' antennas and equipment on a
single support structure or equipment pad area.
Commercial recreation facility means an indoor facility and use operated for profit, with private
facilities, equipment or services for recreational purposes including swimming pools, tennis courts,
playgrounds and other similar uses. The use of such an area may be limited to private membership or may
be open to the public upon the payment of a fee.
Commercial use means the uses allowed in the commercial zones and not permitted in any other zones
ofthe city.
Commercial vehicle means, unless exempted by FWCC 22-1176 and 22-1178, any truck over 10,000
pounds gross vehicle weight rating (GVWR), as defined in the Revised Code of Washington (RCW), the
principal use of which is the transportation of commodities, vehicles, merchandise, produce, freight, or
animals; or bulldozers, backhoes, cranes, and similar construction equipment.
Commercial zones means the BN, BC, CC-C and CC-F zoning districts.
Common recreational open space usable for many activities means any area available to all of the
residents of the subject property that is appropriate for a variety of active and passive recreational
activities (including activities suitable for all age groups) and is not:
(l) Covered by buildings or parking or driving areas.
(2) Covered by any vegetation that impedes access.
(3) On a slope that is too steep for recreational activities.
Community recreation area or clubhouse means an area devoted to facilities and equipment for
recreational purposes, such as swimming pools, tennis c.ourts, playgrounds, community clubhouses and
other similar uses, which area is maintained and operated by a nonprofit club or organization whose
membership is limited to the residents within a specified development or geographic area.
Comprehensive plan means the ordinances of the city, as adopted and amended from time to time,
under RCW 35A.63.060 through 35A.65.080 and the shoreline master program.
Contour line means the interconnection of points having the same height above sea level.
Exhibit 3, FWCC Chapter 22, Article I, Definitions Page 4
.
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,
Convalescent center means an inpatient facility, excluding facilities defined as hospitals, for patients
who are recovering from an illness or who are receiving care for chronic conditions; mental, physical,
emotional or developmental disabilities; terminal illness; or alcohol or drug treatment and may include
assisted living facilities.
Critical aquifer recharge areas means areas in which water reaches the zone of saturation by surface
infiltration. These areas are hydrogeologically susceptible to contamination and contamination loading
potential including, but not limited to, such areas as sole water source aquifer recharge areas, special
protection groundwater management areas, wellhead protection areas, and other areas with a critical
recharging effect on aquifers used for potable water.
Cross-section (drawing) means a visual representation of a vertical cut through a structure or any other
three-dimensional form.
Curb cut means the connection of a driveway with a street, which may entail a structural alteration to
the curb by lowering the height of part of the curb.
Day care facility means the temporary, nonresidential care of persons in a residence or other structure
on a regular, recurring basis.
Dedication means the deliberate appropriation of land by its owner for public use or purpose, reserving
no other rights than those that are compatible with the full exercise and enjoyment of the public uses or
purposes to which the property has been devoted.
Deleterious substance includes, but is not limited to, chemical and microbial substances that are
classified as hazardous materials under this section, "hazardous materials," whether the substances are in
usable or waste condition, that have the potential to pose a significant groundwater hazard, or for which
monitoring requirements of treatment-based standards are enforced under Chapter 246-290 WAC.
Development activity means any work, condition or activity which requires a permit or approval under
this chapter or the city's building code.
Development permit means any permit or approval under this chapter or the city's building code that
must be obtained before initiating a use or development activity.
Domestic animal means an animal which can be and is customarily kept or raised in a home or on a
farm.
Domestic violence shelters means housing for adult women or men and their dependent children, if
any, who are victims of domestic violence perpetrated by the spouse, domestic partner or significant other
of the adult victim.
Dredging means removal of earth and other materials from the bottom of a body of water or
watercourse or from a wetland.
Dredging spoils means the earth and other materials removed from the bottom of a body of water or
watercourse or from a wetland by dredging.
Driveway means an area of the subject property designed to provide vehicular access to a parking area
or structure located on the subject property.
Dry land means the area of the subject property landward of the high water line.
Dwelling unit means one or more rooms in a structure or structures, excluding mobile homes,
providing complete, independent living facilities exclusively for one family, including permanent
provisions for living, sleeping, cooking and sanitation. A factory-built home or manufactured home is
considered a dwelling unit under this chapter only if it meets the standards and criteria of a designated
manufactured home established in RCW 35A.63.145. There are the following three types of dwelling
units:
(1) Dwelling unit, attached, means a dwelling unit that has one or more vertical walls in common
with or attached to one or more other dwelling units or other uses and does not have other dwelling units
or other uses above or below it.
(2) Dwelling unit, detached, means a dwelling unit that is not attached or physically connected to any
other dwelling unit or other use.
Exhibit 3, FWCC Chapter 22, Article I, Definitions Page 5
(3) Dwelling unit, stacked, means a dwelling unit that has one or more horizontal walls in common
with or attached to one or more other dwelling units or other uses and may have one or more vertical
walls in common with or adjacent to one or more other dwelling units or other uses.
(4) Dwelling unit. multifamilv. means a building containing two or more dwelling units. which are
either attached or stacked. See definition of "dwelling unit. townhouse."
(5) Dwelling unit. multiple unit housing. means dwelling unit. multifamily.
(6) Dwelling unit. small lot detached, means detached residential dwelling units developed on
multifamilv-zoned property. Each unit is located on its own fee-simple lot. One of the dwelling unit's
sides mav rest on a lot line (zero lot line) when certain site development conditions are met.
(7) Dwelling unit. townhouse. means a type of attached multi-familv dwelling in a row of at least two
such units in which each unit has its own front and rear access to the outside. no unit is located over
another unit, and each unit is separated from anv other unit bv one or more vertical common fire-resistant
walls.
(8) Dwelling unit. zero lot line townhouse, means attached residential dwelling units with common (or
"party") walls. Each unit is located on a lot in such a manner that one or more of the dwelling's sides rests
on a lot line. Each unit has its own entrance opening to the outdoors (to the street, allev, or private tract)
and tvoicallv. each house is a complete entity with its own utility connections. Although most townhouses
have no side yards, they have front and rear yards. The land on which the townhouse is built, and anv
yard, is owned in fee simple.
Easement means land which has specific air, surface or subsurface rights conveyed for use by someone
other than the owner of the subject property or to benefit some property other than the subject property.
EMF means electromagnetic field, which is the field produced by the operation of equipment used in
transmitting and receiving radio frequency signals.
Equipment shelter means the structure associated with a PWSF that is used to house electronic
switching equipment, cooling system and back-up power systems.
Erosion and deposition means the removal of soils and the placement of these removed soils elsewhere.
by the natural forces of wind or water.
Essential public facility is any facility or conveyance which has the following attributes:
(1) It is typically difficult to site due to unusual site requirements and/or significant public opposition;
(2) It is necessary component of a system, network or program which provides a public service or
good;
(3) It is owned or operated by a unit of local or state government, private or nonprofit organization
under contract with or receiving government funding, or private firms subject to a public service
obligation;
(4) It meets a general and/or specific category for facility types or individual facilities listed below in
Class I and Class II essential public facilities.
a. Class 1: Facilities of a county, regional or state-wide nature. Those essential public facilities
intended to serve a population base that extends significantly beyond the boundaries of the city, and
which may include several local jurisdictions or a significant share of the Puget Sound regional
population. Such facilities may include, but are not limited to, the following:
I. State or regional education facilities (except minor branch facilities).
i. Research facilities;
ii. University branch campuses;
iii. Community colleges.
2. State or regional transportation facilities.
i. Light and/or standard rail lines;
ii. Commuter terminals;
iii. Transit centers;
iv. Park and ride lots in residential zones.
Exhibit 3, FWCC Chapter 22, Article I, Definitions Page 6
~-~
3. State or regional correctional facilities.
4. Solid waste handling facilities (large scale).
i. Transfer station;
ii. Recycling center.
5. Sewage treatment plants.
6. Power plants.
b. Class II: Facilities of a local nature. Those essential public facilities that are intended to meet
the service needs of the local community. In many cases local facilities are characterized by providing
some type of in-patient care, assistance, or monitoring. Such facilities may include, but are not limited to,
the following:
I. Substance abuse facilities.
2. Mental health facilities.
3. Group homes/special needs housing.
4. Local schools.
i. Elementary school.
ii. Middle school.
iii. High school.
5. Social service transitional housing.
i. Domestic violence shelter.
ii. Homeless shelter.
iii. Work-release. .
Excavate or excavation means the mechanical removal of soils and/or underlying strata.
Family means an individual or two or more individuals related by not more than four degrees of
affinity or consanguinity and including persons under legal guardianship, or a group of not more than five
persons who are not related by four or fewer degrees of affinity or consanguinity; provided, however, that
any limitation on the number of residents resulting from this definition shall not be applied if it prohibits
the city from making reasonable accommodations to disabled persons in order to afford such persons
equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988,
42 USC 3604(f)(3)(b).
Family child care home means a business regularly providing care during part of the 24-hour day to 12
or fewer children (including the children of the day care provider) in the family abode of the person or
persons under whose direct care the children are placed.
Fast food restaurant means an establishment which offers quick food service which is accomplished
through one or more of the following mechanisms:
(1) Limited menu of easily produced items.
(2) Orders are not taken at the customer's table.
(3) Food is served in disposable wrappings or containers.
Fence means a manmade barrier or wall constructed for the purpose of enclosing space or separating
parcels of land.
Fill material means dirt, structural rock or gravel, broken concrete and similar structural substances
customarily used to raise the level of the ground, but excluding topsoil, bark, ornamental rocks or gravel
placed on the surface of the ground.
Flag lot or "panhandle lot" means a lot in the shape of a flag or pan that is connected to the road or
street right-of-way by a narrow strip of land. The narrow strip of land connecting the main portion of the
lot to the road or street right-of-way is the "flag pole" or "access panhandle" part of the lot.
Finished grade means the final contour of the land surface prior to landscaping.
Floor means the horizontal surface inside a structure designed and intended for human use and
occupancy.
Exhibit 3, FWCC Ch~ptcr 22, Article I, Definitions Page 7
Gambling use means one of those gambling activities regulated by the state, e.g., "public card rooms,"
which involve staking or risking something of value upon the outcome of a contest of chance or a future
contingent event not under the person's control or influence, upon an agreement or understanding that the
person or someone else will receive something of value in the event of a certain outcome. Gambling uses
include those uses regulated by the Washington State Gambling Commission with the following
exceptions as these uses are defined in Chapter 9.46 RCW: punch boards; pull tabs; bingo games operated
by bona fide not-for-profit organizations; limited social games operated by bona fide not-for-profit
organizations; commerciai amusement games; raffles; fund raising events; business promotional contests
of chance; sports pools; golfing and bowling sweepstakes; dice or coin contests for music, food, or
beverages; fishing derbies; bona fide business transactions; activities regulated by the State Lottery
Commission.
Geologically hazardous areas means areas which because of their susceptibility to erosion, land-
sliding, seismic or other geological events are not suited to siting commercial, residential or industrial
development consistent with public health or safety concerns. Geologically hazardous areas include the
following areas:
(I) Erosion hazard areas are those areas having a severe to very severe erosion hazard due to natural
agents such as wind, rain, splash, frost action or stream flow.
(2) Landslide hazard areas are those areas potentially subject to episodic downslope movement of a
mass of soil or rock including, but not limited to, the following areas:
a. Any area with a combination of:
I. Slopes greater than 15 percent;
2. Permeable sediment, predominately sand and gravel, overlying relatively impermeable
sediment or bedrock, typically silt and clay; and
3. Springs or groundwater seepage.
b. Any area which has shown movement during the Holocene epoch, from 10,000 years ago to
the present, or which is underlain by mass wastage debris of that epoch.
c. Any area potentially unstable as a result of rapid stream incision, stream bank erosion or
undercutting by wave action.
d. Any area located in a ravine or on an active alluvial fan, presently or potentially subject to
inundation by debris flows or flooding.
e. Those areas identified by the United States Department of Agriculture Soil Conservation
Service as having a severe limitation for building site development.
f. Those areas mapped as class U (unstable), UOS (unstable old slides), and URS (unstable recent
slides) by the Department of Ecology.
g. Slopes having gradients greater than 80 percent subject to rockfall during seismic .shaking.
(3) Seismic hazard areas are those areas subject to severe risk of earthquake damage as a result of
seismically induced ground shaking, slope failure, settlement or soil liquefaction, or surface faulting.
These conditions occur in areas underlain by cohesionless soils of low density usually in association with
a shallow groundwater table.
(4) Steep slope hazard areas are those areas with a slope of 40 percent or greater and with a vertical
relief of 10 or more feet, a vertical rise of 10 feet or more for every 25 feet of horizontal distance. A slope
is delineated by establishing its toe and top, and measured by averaging the inclination over at least 10
feet of vertical relief.
Glare means both of the following:
(l) The reflection of harsh, bright light.
(2) The physical effect resulting from high luminances or insufficiently shielded light sources in the
field of view.
Government facility means a use consisting of services and facilities operated by any level of
government, excluding those uses listed separately in this chapter.
Exhibit 3, FWCC Chapter 22, Article I, Definitions Page 8
Gross floor area means the total square footage of all floors, excluding parking area, in a structure as
measured from either the interior surface of each exterior wall of the structure or, if the structure does not
have walls, from each outer edge of the roof. Certain exterior areas may also constitute gross floor area.
Ground floor means the floor of a structure that is closest in elevation to the finished grade along the
facade of the structure that is principally oriented to the street which provides primary access to the
subject property.
Groundwater means water that occurs in subsurface openings in the earth, such as the spaces between
particles in unconsolidated deposits or along fractures in consolidated deposits.
Groundwater contamination means the presence of any substance designated by the U.S.
Environmental Protection Agency (EPA), or the State of Washington Department of Ecology (DOE), as a
primary or secondary water quality parameter, in excess of the maximum allowable containment level
(MCL). .
Group homes type II means housing for juveniles under the jurisdiction of the criminal justice system.
Such groups include state-licensed group care homes or halfway homes for juveniles which provide
residence in lieu of sentencing or incarceration, halfway houses providing residence to juveniles needing
correction, or for those selected to participate in state-operated work release and pre-release programs.
The director of community development services shall have the discretion to classify a group home
proposing to serve juveniles convicted of the offenses listed under group home type III in this section as a
group home type III, and any such home shall be sited ac'cording to the regulations contained within type
III classification.
Group homes type II-A: Maximum number of 12 residents including resident staff.
Group homes type II-B: Thirteen or more residents including residential staff. Maximum number to be
determined on a case-by-case basis.
The limitation on the number of residents in a group home type II shall not be applied if it prohibits the
city from making reasonable accommodations to disabled persons in order to afford such persons equal
opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42
USC 3604(f)(3)(b).
Group homes type III means housing for adults that have been convicted of a violent crime against a
person or property, or have been convicted of a crime against a person with a sexual motivation, or have
been convicted or charged as a sexual or assaultive violent predator. These individuals are under the
jurisdiction of the criminal justice system or have entered a pre- or post-charging diversion program. Such
groups involve individuals selected to participate in state-operated work/training release and pre-release
programs or similar programs. Such category does not include full-time detention facilities.
Gymnasium means a room or building equipped for sports, which must be accessory to a school
facility, health club, social service club such as the Boys and Girls Club, or similar facility. A gynmasium
may also be used as an auditorium to hold concerts and other performing arts.
Hardship means a current or impending health condition which requires a person to live in close
proximity to, and/or share housing with, a caregiver.
Hazardous liquid means: (a) petroleum, petroleum products, or anhydrous ammonia as those terms are
defined in 49 CFR Part 195 in effect March I, 1998; and (b) carbon dioxide.
Hazardous materials means any material, either singularly or in combination, that is a physical or
health hazard as defined and classified in the International Fire Code, whether the materials are in usable
or waste condition; and any material that may degrade groundwater quality when improperly stored,
handled, treated, used, produced, recycled, disposed of, or otherwise mismanaged. Hazardous materials
shall also include any hazardous waste, hazardous substance, dangerous waste, or extremely hazardous
waste that is a physical or health hazard as defined or classified in Chapter 70.105 RCW and Chapter 173-
303 WAC, whether the materials are in usable or waste condition. Hazardous materials shall also include
petroleum or petroleum products that are in a liquid phase at ambient temperatures, including any waste
oils or sludge.
Exhibit 3, FWCC Chapter 22, Article J, Definitions Page 9
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Hazardous waste means all dangerous and extremely hazardous waste, including substances composed
of radioactive and hazardous components (see Chapter 70.105 RCW).
Hazardous waste storage means the holding of dangerous waste for a temporary period (see WAC
173-303-040(85)).
Hazardous waste treatment means the physical, chemical or bio.1ogical processing of dangerous wastes
to make such wastes nondangerous or less dangerous, safer for transport, amenable for energy or material
resource recovery, amenable for storage or reduced in volume (see WAC 173-303-040(97)).
Heat means added energy that causes substances to rise in temperature, fuse, evaporate, expand or
undergo any other related change.
Heavy equipment means high capacity mechanical devices for moving earth or other materials, mobile
power units, including but not limited to carryalls, graders, loading/unloading devices, cranes, drag lines,
trench diggers, tractors over 80 HP, augers, caterpillars, concrete mixers and conveyors, harvesters,
combines, or other major agricultural equipment, and similar devices operated by mechanical power as
distinguished from manpower.
Height of structure means the vertical distance above the average building elevation measured to the
highest point of a flat roof or to the deck line of a mansard roof, or to the mid-point between eave and
ridge of the highest principal roof of a gable, hip, gambrel, or similar sloped roof. For single-family
residential structures where the total area of dormers exceeds 35 percent of the total area of the underlying
sloped roof, height will be measured to the ridge of the highest principal gable.
High density residential zones means the following zones: RM 3.6, RM 2.4, RM 1.8, RS 5.0, RS 7.2,
RS 9.6, and comparable zones in other jurisdictions.
Home occupation means an occupation, enterprise, activity or profession which is incidental to a
residential use, which is carried on for profit or customarily carried on for profit and which is not an
otherwise permitted use in the zone in which it occurs.
Horizontal dimension means the length of the facade of a structure as measured along a plane,
excluding eaves which extend out no more than 18 inches from the exterior walls of the structure.
Hospital means an institution providing primary health services and medical or surgical care to
persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal
physical or mental conditions, and including, as an integral part of the institution, related facilities such as
laboratories, outpatient facilities, extended care facilities and/or training facilities.
Hotel or motel means a single building or group of buildings containing individual sleeping units
intended for transient occupancy.
Improvement means any structure or manmade feature.
Industrial use means the uses allowed in the industrial zones and not permitted in any other zones of
the city.
Industrial zones means the BP zoning district.
Ingress/egress and utilities easement means privatelv owned land used and legally committed, through
easements, plat restrictions, or similar mechanisms, to providing access for vehicles and pedestrians to
properties other than the property within the tract or easement. It may also provide space for utility lines
and appurtenances, and other devices and facilities benefiting nearby properties or the public. See
definition of "vehicular access easement or tract."
Inoperable motor vehicle shall be any vehicle that has been in a stationary position for more than 14
days, is apparently inoperable or requires repairs in order to be operated legally on the public roads or is
unable to move a distance of 10 feet on level pavement under its own power.
Institutional uses means the following uses: schools, churches, colleges, hospitals, parks, governmental
facilities and public utilities.
Irrevocable license means a written irrevocable permission given by a property owner to the city for
specified purposes.
Exhibit 3, FWCC Chapter 22, Article I, Definitions Page 10
Issuance, when used with respect to a decision of the director of community development services or a
decision of the hearing examiner issued under this chapter, means the date that is three days after the date
the written decision of the director or hearing examiner is mailed. Proof of mailing shall be by affidavit or
by declaration under penalty of perjury.
Issuance, when used with respect to a city council decision made by ordinance or resolution while
sitting in a quasi-judicial capacity, means the date on which the council passes the ordinance or
resolution, as evidenced by the date of passage indicated on the face of the ordinance or resolution.
Junk means old or scrap metal, rope, rags, batteries, paper, rubber, machinery, scrap wood, debris,
trash, or junked, dismantled, wrecked or inoperable motor v~hicles or parts thereof.
Junk or junked vehicle means any vehicle substantially meeting at least two of the following
conditions:
(I) Is extensively damaged, such damage including but not limited to any of the following: a broken
window or "Yindshield or missing wheels, tires, motor, or transmission;
(2) Is apparently inoperable;
(3) Is without a current, valid registration plate.
Junkyard means a property or place of business which is maintained, operated or used for storing,
keeping, buying, selling or salvaging junk.
Kennel means an establishment, generally retail in nature, which houses, cares for, breeds, raises or
sells dogs or cats.
Land surface modification means the clearing or -removal of trees, shrubs, groundcover and other
vegetation and all grading, excavation and filling activities.
Land division means any process bv which individual lots, parcels, or tracts are created for the
purpose of sale, lease, or transfer. Land divisions include, but are not limited to, conventional
subdivisions (both short and long plats), binding site plans, cluster subdivisions, cottage housing, zero-lot
line townhouse development, and small lot detached development.
Landscaping means the planting, removal and maintenance of vegetation along with the movement and
displacement of earth, topsoil, rock, bark and similar substances done in conjunction with the planting,
removal and maintenance of vegetation.
Landward means toward dry land.
Linear frontage of subject property means the frontage of the subject property adjacent to all open,
improved rights-of-way other than Interstate 5. If the subject property is not adjacent to an open,
improved right-of-way, linear frontage means the frontage of the subject property on any public access
easements or tracts which serve the subject property and adjacent unopened and/or unimproved rights-of-
way.
Lot area means the minimum lot area per dwelling unit based on the underlying zone. For single
family lots, the area of a vehicular access easement, private tract, "flag pole," or "access panhandle" shall
not be credited in calculation of minimum lot area.
Lot means a parcel of land having fixed boundaries described by reference to a recorded plat, by
reference to metes and bounds, or by reference to section, township and range.
Low density use means a detached dwelling unit on a subject property that contains at least five acres.
Low density zone means the following zones: SE and comparable zones in other jurisdictions.
Major stream means any stream, and the tributaries to any stream, which contains or supports, or under
normal circumstances contains or supports, resident or migratory fish. If there exists a natural permanent
blockage on the stream course which precludes the upstream movement of anadromous salmonid fish,
then that portion of the stream which is downstream of the natural permanent blockage shall be regulated
as a major stream.
Manufactured homes means a factory-built structure transportable in one or more sections which is
built on a permanent chassis and designed to be a dwelling with or without a permanent foundation when
Exhibit 3, FWCC Chapter 22, Article I, Definitions Page II
.
connected to required utilities. A manufactured home shall be built to comply with the National
Manufactured Home Construction and Safety Standards Act of 1974 (regulations effective June 15,
1976).
Maximum lot coverage means the maximum percentage of the surface of the subject property that may
be covered with materials which will not allow for the percolation of water into the underlying soils. See
FWCC 22-955 et seq. for further details.
Mean sea level means the level of Puget Sound at zero tide as established by the U.S. Army Corps of
Engineers.
Medium density zones means-the following zones: RS 15.0, RS 35.0 and comparable zones in other
jurisdictions.
Microcell means a wireless communication facility consisting of an antenna that is either:
(1) Four feet in height and with an area of not more than 580 square inches; or
(2) If a tubular antenna, no more than four inches in diameter and no more than six feet high.
Minor facility means a wireless communication facility consisting of up to three antennas, each which
is either:
(1) Four feet in height and with an area of not more than 580 inches; or
(2) If a tubular antenna, no more than four inches in diameter and no more than six feet in length;
and the associated equipment cabinet that is six feet or less in height and no more than 48 square feet in
floor area.
Minor stream means any stream that does not meet the definition of "major stream."
Moorage facility means a pier, dock, buoy or other structure providing docking or moorage space for
waterborne pleasure craft.
Multiuse complex means all of the following: a group of separate buildings operating under a common
name or management; or a single building containing multiple uses where there are specific exterior
entranceways for individual uses; or a group of uses on separate but adjoining properties that request
treatment as a multiuse complex.
Naturalfeatures means-physical characteristics of the subject property that are not manmade.
Natural materials means-materials chemically unaltered from their natural state.
Noise means the intensity, duration and character of sound from any and all sources.
Nonconformance means any use, structure, lot, condition, activity or any other feature or element of
private or public property or the use or utilization of private or public property that does not conform to
any of the provisions of this chapter or that was not approved by the city of Federal Way through the
appropriate decision-making process required under this chapter.
Nonliving groundcover means gravel, chipped bark or similar nonpolluting material through which
water can freely percolate to the soil beneath.
Normal maintenance includes interior and exterior repairs and incidental alterations. Normal
maintenance and repair ma'y include, but is not limited to, painting, roof repair and replacement,
plumbing, wiring and electrical systems, mechanical equipment replacement and weatherization.
Incidental alterations may include construction of nonbearing walls or partitions.
Nursing home. See "Convalescent center."
Occupant means a person that legally occupies a structure or property.
Odor means stimulus affecting the olfactory nerves.
Office use means a place of employment providing services other than production, distribution, sale or
repair of goods or commodities. The following is a nonexclusive list of office uses: medical, dental or
other health care; veterinary, accounting, legal, architectural, engineering, consulting or other similar
professional services; management, administrative, secretarial, marketing, advertising, personnel or other
similar personnel services; sales offices where no inventories or goods are available on the premises; real
estate, insurance, travel agent, loan companies, brokerage or other similar services. The following uses
Exhibit 3, FWCC Chapter 22, Article 1, Definitions Page 12
are specifically excluded from the definition of office: banks, savings and loan companies and similar
financial institutions.
Office zones means the PO, OP and CP-l zoning districts.
Official notification boards of the city means the bulletin boards in the public areas of City Hall and
other public locations as designated by city council.
On-site hazardous waste treatment and storage facilities means facilities which treat and store
hazardous wastes generated on the same lot or geographically contiguous or bordering property. Travel
between two properties divided by a public right-of-way, and owned, operated or controlled by the same
person, shall be considered on-site travel if:
(l) The travel crosses the right-of-way at a perpendicular intersection; or
(2) The right-of-way is controlled by the property owner and is inaccessible to the public (see WAC
173-303-040(39)).
Open record hearing means a hearing that creates the city's record of decision for an application or
appeal through testimony and submission of evidence and information, under procedures prescribed by
the city's hearing examiner or the city council. An open record hearing may be held prior to the city's
decision on an application, or as part of an appeal.
Open space means land not covered by buildings, roadways, parking areas or other surfaces through
which water cannot percolate into the underlying soils.
Open space, private means common open space, the use of which is normally limited to the occupants
of a single dwelling or building or property.
Open space. public means open space owned by a public agency and maintained by it for the use and
eniovrnent of the general public.
Ordinary high water mark means, on lakes, streams and tidal waters; that mark that will be found by
examining the bed, banks or shore and ascertaining where the presence and actiou of waters are so
common and usual, and so long continued in ordinary years, as to mark upon the soil or land a character
distinct from that of the abutting uplands; provided, that any tidal area where the ordinary high water
mark cannot be found based on the previous text of this definition, the ordinary high water mark shall be
the line of mean high tide.
Outdoor means not contained within a buil'ding.
Outdoor storage means any material or item (including vehicles), being stored for or awaiting sale,
lease, processing or repair and not enclosed within a building.
Owner means, in reference to real property, the person or persons holding fee title to the property as
well as the purchaser or purchasers under any real estate contract involving the real property.
Pan handle lot means flag lot.
Parking area means any area designed and/or used for parking vehicles.
Parking space means an area which is improved, maintained and used for the sole purpose of
temporarily accommodating a motor vehicle that is not in use.
Person means any individual, partnership, association, corporation, unit of government or any other
legal entity.
Personal wireless services means commercial mobile services,' unlicensed wireless services, and
common carrier wireless exchange acces's services, as defined by federal laws and regulations.
Personal wireless service facility (PWSF) means a wireless communication facility, including a
microcell, that is a facility for the transmission and/or reception of radio frequency signals, and which
may include antennas, equipment shelter or cabinet, transmission cables, a support structure to achieve
the necessary elevation, and reception and transmission devices and antennas.
Preapplication conference means a meeting, between an applicant and members of the development
review committee, which is held prior to formal application, during which the project is discussed relative
to city and other pertinent codes and/or regulations.
Exhibit 3, FWCC Chapter 22, Article !, Definitions Page 13
Primary dwelling unit means the mam structure located on the subject property which IS
distinguishable from any accessory dwelling unit because it is greater in total square footage.
Primary vehicular access means the street, vehicular access easement, or private tract from which the
majority of vehicles enter the subject property.
Principal use means the primary or predominant use of any lot or parcel.
Private club means an association of persons organized for some common purpose, but not including
groups organized primarily to sell merchandise or render a service which is customarily carried on as a
business.
Property line means those lines enclosing the subject property and those lines defining a recorded
vehicular access easement or tract. The following are categories of property lines:
(1) The front property line is any property line that is adjacent to a primary vehicular access. If the
subject property is adjacent to more than one primary vehicular access, the applicant shall designate
which of the adjacent property lines is the front property line and the remainder of such adjacent property
lines will be considered as either a rear property line or side property line, based on the definition in this
section, except the property line adjacent to an arterial or primary collector shall not be designated as a
primary vehicular access.
(2) For flag lots, the yard setbacks shall be applied per the following graphic:
...........-... R_6' ..........n.. "j Flag Lot Setbacks
~
"
.. Lol2 ::
'"
F- ,
2V .-------------------
-.
._ ___S_'"fl__.. ___.. ___
Driveway ; :
for Lot 21 ~ , Lot 1 ;.
Access . ,
~ :
Easement 1._...
for Lot 1 S_10'
Or
r- . .. "on" ... .. ..~'!'!.~.. -- .. '" . . .. .. .. _ .... ..R,~.~'........ ........,
., .'
Lot 2 :~ Lot 2
..... -. " <t.'.~_.:..) :
(.........:?;
"01 ' F.'t' '
20'~ ' ..."..S....SI........ "_,.M.1 lO'~ \... ............;.,. -."
J'" ..........1\...5:... . I . '..... S'!'!6.'.. ..
.; Lot 'I ,~ ~ , Lot 1
:U! ~ :
toO" __............ __"' __... .. ...1 . ,
F_20' ,............ --................
5.10'
Driveway Not an arterial Driveway for Lot 2 Arterial or
for Lot 2 or- principal collector and Access Easement - p-rincfi>al-collector
for Lot 1
---.---.---
r----..------~~~-..--.
.'
Lo13 :.
,.
.. .. .. '. ~ .. ~s..;,.S'.. - - . .. ~ .
._____.~f________,
Driveway Lol2 ':
for Lot 3 . ~"!
and Access
Easement . . . . . . . . . ~!f . . 5;' . .
for Lot 2 . '
." ._ _ M M _.. _ _ .. .. .. .. _ ~ . . _..
LO! 1 '.
'.
;"1
.. __.. ,__ - ......... _.. o.
F_ZO'
F = Front Yard
Not an arterial S = Side Yard
o-r principa-' colie-i;tor R = Rear Yard
Exhibit 3, FWCC Chapter 22, Article I, Definitions Page 14
(3) The rear property line is any property line that is farthest from, and essentially parallel to, the front
property line.
(4) The side property line is any property line other than a front property line or a rear property line.
Public park means a natural or landscaped area, provided by a unit of government, to meet the active
or passive recreational needs of people.
, Public utility means the facilities of a private business organization such as a public service
corporation, or a governmental agency performing some public service and subject to special
governmental regulations, the services which are paid for directly by the recipients thereof. Such services
shall include but are not limited to: water supply, electric power, telephone, cablevision, natural gas and
transportation for persons and freight. The term also includes broadcast towers, antennas and related
facilities operated on a commercial basis.
Public works director means the director of the department of public works of the city.
Qualified groundwater scientist means a hydrogeologist or engineer who meets the following criteria:
(I) Has received a baccalaureate or post-graduate degree in earth science or engineering; and
(2) Has sufficient education and experience in geology and hydrogeology as may be demonstrated by
state registration, professional certifications, or licensing that enable that individual to make sound
professional judgments regarding groundwater and groundwater vulnerability.
Regulated lakes means Wetlands Nos. 8-21-4-26,7-21-4-71, 11-21-3-9, 14-21-3-2, 14-21-3-5, 13-21-
3-12,9-21-4-38,17-21-4-55,20-21-4-57, and 20-21-4-61 as shown in the June 19, 1999, city of Federal
Way final wetland inventory report, except vegetated areas meeting the definition of "regulated wetland"
located around the margins of regulated lakes shall be considered regulated wetlands.
Regulated wetlands. See the definition of "regulated wetlands" under the definition of "wetlands."
Relative means persons connected through blood, marriage or other legal relationships by not more
than four degrees or affinity or consanguinity and including persons under legal guardianship.
Required yards means the areas-adjacent to and interior from tfle ~ property lines aH6 or the ordinary
high water mark (OHWM) of a lot. and is the minimum required distance between a structure and a
specific line, such as a property line, edge of private tract. or vehicular access easement that is required to
remain free of structures. If two or more required yards are coincidental, the area will be considered the
required yard with the greater dimension. Yards are also known as setbacks. Except for flag lots,
Rrequired yat=€ls setbacks are categorized as follows:
(1) Front. That portion of a lot adjacent to and parallel with the front property lines and at a distance
therefrom equal to the required front yard depth.
(2) Rear. That portion of a lot adjacent to and parallel with the rear property line and at a distance
therefrom equal to the required rear yard depth.
(3) Ordinary High wWater ILine yard. That portion of a lot adjacent to and parallel with the ffigh
'.vater mark OHWM and at a distance landward therefrom established in this chapter.
(4) Side. That portion of a lot adjacent to and parallel with each side property line and at a distance
therefrom equal to the required side yard depth. All required yards not otherwise categorized shall be
designated side yards.
Residential use means developments and occupancy in which persons sleep and prepare food, other
than developments used for transient occupancy.
Residential zone means the following zones: SE, RS 35.0, RS 15.0, RS 9.6, RS 7.2, RS 5.0, RM 3.6,
RM 2.4, RM 1.8 and comparable zones in other jurisdictions.
Restaurant or tavern means commercial use (excluding fast food restaurants) which sells prepared
food or beverages and generally for consumption on the premises.
Retail establishment means a commercial enterprise which provides goods and/or services directly to
the consumer, where such goods are available for immediate purchase and removal from the premises by
the purchaser.
Exhibit 3, FWCC Chapter 22, Article I, Definitions Page 15
Retail sales, bulk, means a retail establishment engaged in selling goods or merchandise to the general
public as well as to other retailers, contractors, or businesses, and rendering services incidental to the sale
of such goods. Bulk retail involves a high volume of sales of related and/or unrelated products in a
warehouse setting and. may include membership warehouse clubs, i.e., "big box" retail. Bulk retail is
differentiated from general retail by any of the following characteristics:
(I) Items for sale include large, categorized products, e.g., lumber, appliances, household furnishings,
electrical and heating fixtures and supplies, wholesale and retail nursery stock, etc.; and may also include
a variety of carry out goods, e.g., groceries, household, and personal care products;
(2) A large inventory of goods and merchandise is stored on the subject site in high-ceiling warehouse
areas, high-rack displays, and/or outdoor storage areas; and
(3) High volume truck traffic, regular pick up and delivery of large items, a designated contractor
pick-up area, and high parking-to-building ratios.
Retail sales, general and specialty is differentiated from bulk retail by the size of the blJilding, size of
items purchased and sales volume. General and specialty retail includes the sale of smaller items such as
groceries, drug store sundries, specialty hardware, paint supplies, and sports equipment, etc. Typically not
a discount or volume warehouse store. Typical user is the general public.
Retail sales, second-hand merchandise means an individual or establishment that sells second-hand
merchandise, such as pawn shops; used book and record stores; used clothing, furniture, and appliances;
thrift stores; consignment stores; and flea markets. This definition does not include the sale of antiques or
collectibles as defined in this article.
Retail shopping center, regional means a series of unified commercial establishments that provide
retail, entertainment, or professional services on a site comprised of at least 50 acres, with direct access to
a state or federal highway, with shared parking facilities, with a combined gross floor area of at least
500,000 square feet, and with all or some of the stores configured with an inward orientation and
connected with common interior walkway(s).
Right-of-way means land dedicated or conveyed to the public or a unit of government, the primary
purpose of which is the movement of vehicles and/or pedestrians and providing for access to adjacent
parcels, with the secondary purpose of providing space for utility lines and appurtenances and other
devices and facilities benefiting the public.
Right-of-way realignment means the changing of the horizontal position of the improvements in a
right-of-way.
Roofline means the line formed by the outside of the gable of the roof, or if the roof is flat or mansard,
the top of the roof or mansard.
Runoff means the overland or subsurface flow of water.
Schools means institutions of learning, excluding those offering post-secondary education, offering
instruction in the several branches of learning and study required by the Basic Education Code of the
State of Washington to be taught in public, private and parochial schools, including those disciplines
considered vocational, business-related, or trade in nature.
Self-service, storage facilities means a structure or group of structures for the storage of personal
property where individual stalls or lockers are rented out to different tenants for storage.
Shared access points means a common point of vehicle access from a street to more than one lot or
use.
Significant natural vegetation means any area containing a concentration of significant trees; any area
of significant biological importance; and any area containing dense, mature, native vegetation.
Significant trees. A "significant tree" shall be defined as:
(1) Twelve inches in diameter or 37 inches in circumference measured four and one-half feet above
ground; and
(2) In good health; and
Exhibit 3, FWCC Chapter 2Z,'Article I, Definitions Page ] 6
(3) Not detrimental to the community (e.g., is not diseased, dying, or likely of falling into public open
space or right-of-way, etc.) or obscuring safe sight distance requirements. Significant trees shall not
include red alder, cottonwood, poplar or big leaf maple.
Silt or sediment means the soil particles mobilized and deposited by the processes of erosion and
deposition.
Single housekeeping unit means an individual or two or more individuals related by not more than four
degrees of affinity or consanguinity and including persons under legal guardianship, or a group of not
more than three persons who are not related by four or fewer degrees of affinity or consanguinity;
provided, however, that any limitation on the number of residents resulting from this definition shall not
be applied if it prohibits the city from making reasonable accommodations to disabled persons in order to
afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing
Amendments Act of 1988,42 USC 3604(f)(3)(b).
Single-use building means a building which contains one use.
Small animals means dogs, cats, birds, small exotic animals (snakes, gerbils, mice, guinea pigs, etc.),
foxes, bobcats and similar small wild animals.
Social service transitional housing means facilities other than offices and group homes as defined in
this chapter, operated by a nonprofit social service agency, licensed as required by the state, providing
temporary and transitional housing to individuals on an as-needed basis including, but not limited to,
emergency shelters, homeless shelters, and other such crisis intervention facilities. This classification
includes domestic violence shelters as defined herein, except that such shelters wherein the total number
of residents does not exceed the maximum number allowed under the "family" definition may be
permitted outright in all residential zones.
(1) Type A: Maximum number of residents to be consistent with the maximum number of unrelated
adults allowed under the zoning definition of family.
(2) Type B: All social service transitional housing not meeting the definition of "Type A," above.
Maximum number to be determined on a case-by-case basis.
The limitation on the number of residents in social service transitional housing shall not be applied if it
prohibits the city from making reasonable accommodations to disabled persons in order to afford such
persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act
of 1988, 42 USC 3604(f)(3)(b).
Special needs housing means housing not specifically defined by this chapter, and which will be
processed under the classification most closely related to the proposed use, as determined by the director
of community development services.
State Environmental Policy Act means Chapter 43.21 C RCW.
Storm drainage means the movement of water, due to precipitation, either surficially or subsurficially.
Story means the area of a structure between the floor and the horizontal supporting members of the
ceihng directly above that floor. If a floor is, on average, at least three feet below finished grade, the area
between that floor and the ceiling directly above is not a story.
Exhibit 3, FWCC Chapter 22, Article J, Definitions Page I 7
-
Stream means a course or route, formed by nature, including those which have been modified by
humans, and generally consisting of a channel with a bed, banks or sides throughout substantially all its
length, along which surface waters naturally and normally flow in draining from higher to lower
elevations. A stream need not contain water year round. In a developing setting, streams may run in
culverts or may be channeled in a concrete, rock or other artificial conveyance system. This definition is
not meant to include irrigation ditches, storm water facilities or other artificial watercourses unless they
are used by resident or anadromous salmonid fish, or the feature was constructed to convey natural
streams which existed prior to construction of the watercourse.
Street means both of the following:
(1) A public right-of-way.
(2) A vehicular access easement or tract.
Street providing direct vehicle access means the street from which a vehicle can enter the subject
property without traversing another street or piece of property. In the case of a multiuse complex, the
street providing direct vehicular access is the exterior street that borders the complex and not an internal
street surrounded by the complex.
Structure means anything which is built or constructed, an edifice or building of any kind or any piece
of work artificially built up or composed of parts joined together in some definite manner.
Structural alterations means any change in the supporting member of a building or structure.
Structured parking means parking provided on more than one level and within a structure, either
above- or below-grade. Structured parking shall not include a surface parking lot.
Subject property means the entire lot or parcel, or series of lots or parcels, on which a development,
activity or use is or will locate or on which any activity or condition regulated by or subject to this chapter
is or will occur or take place.
Support structure means any built structure, including any guy wires and anchors, to which an antenna
and other necessary associated hardware is mounted. Support structures may include the following:
(1) Lattice tower. A support structure which consists of a network of crossed metal braces, forming a
tower which is usually triangular or square in cross-section.
(2) Guy tower. A support structure such as. a pole or narrow metal framework which is held erect by
the use of guy wires and anchors.
(3) Monopole. A support structure which consists of a single steel or wood pole sunk into the ground
and/or attached to a concrete pad.
(4) Existing nonresidential structure. Existing structures to which a PWSF may be attached with
certain conditions.
Temporary personal wireless service facility means a personal wireless service facility which is to be
placed in use for a limited period of time, is not deployed in a permanent manner, and does not have a
permanent foundation.
Tenant improvement means any work, improvement or remodeling completely within the interior of a
building necessary to meet the varied requirements of continuing or succeeding tenants.
Threshold determination means the decision by the responsible official (the community development
services director) whether or not an environmental impact statement (ElS) is required for projects that are
not categorically exempt under the State Environmental Policy Act (SEP A).
Topsoil means the uppermost strata of soil containing a large percentage of organic materials and
which is capable of providing suitable nourishment for vegetation.
Townhouse means a type of attached multi-family dwelling in a row of at least two such units in
which each unit has its own front and rear access to the outside, no unit is located over another unit, and
each unit is separated from anv other unit bv one or more vertical common fire-resistant walls. See
definition of "dwelling unit, townhouse."
Exhibit 3, FWCC Chapter 22, Article I, Definitions Page 18
Trade school means a post-secondary institution that trains persons for qualification in specific trades
or occupations, i.e., mechanics; construction trades such as carpentry, HV AC, and wiring; electronics
repair and service including computers; plumbing; chefs and culinary training; upholstery; bartending.
Traffic control devices means signs, signals, stripes and other mechanical or graphic items which
control the flow, direction or speed of vehicular and pedestrian traffic.
Use means the nature of the activities taking place on private property or within structures thereon.
Each separate listing under the "Use" column in FWCC 22-596 through ~ 22-906 is a separate use.
Vehicle service station means a commercial use supplying petroleum products that are for immediate
use in a vehicle.
Vehicle storage area means an outside area which is used for the storage and/or display of operational
vehicles.
Vehicular access easement or tract means privately owned land used and legally committed, through
easements, plat restrictions or similar mechanisms, to providing access for vehicles and pedestrians to
properties other than the property within the tract or easement. It may also provide space for utility lines
and appurtenances and other devices and facilities benefiting nearby properties or the public. See
defin ition of "ingress/egress and utilities easement."
Waterward means toward the body of water.
Well means a hole or shaft sunk into the earth to tap an underground supply of water.
Wellfield means an area containing two or more wells with overlapping zones of contribution that
supply a public water system.
Wellhead means the top of the shaft of a well or similar water extraction facility from which potable
water is extracted.
Wellhead capture zone means an area in which groundwater is calculated to travel to a pumping well.
Capture zones are usually defined according to the time that it takes for water within a particular zone to
travel to a well. Calculated capture zones usually only approximate actual capture zones as a result of
assumptions required to conduct the calculation.
Wellhead protection area (WHP A) means the surface and. subsurface area surrounding a well or
wellfield that supplies a public water system through which contaminants are likely to pass and eventually
reach the water welles) as designated under the Federal Clean Water Act.
Wetlands means those areas that are inundated or saturated by surface or groundwater at a frequency
and duration sufficient to support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps,
marshes, bogs, and similar areas.
The March 1997 Washington State Wetlands Identification and Delineation Manual (Department of
Ecology publication No. 96-94) as set forth in WAC 173-22-080, as it exists as of November 1,1999, or
as subsequently amended, will be used for identification and delineation of wetlands within the city.
Although a site-specific wetland may not meet the criteria described above, it will be considered a
regulated wetland if it is functionally related to another wetland that meets the criteria.
Regulated wetlands means:
(I) Those wetlands, as described below, which fall into one or more of the following categories:
a. Category I wetlands meet one of the following criteria:
1. Contain the presence of species or documented habitat recognized by state or federal
agencies as endangered, threatened or potentially extirpated plant, fish or animal species; or
2. Contain the presence of plant associations of infrequent occurrence, irreplaceable ecological
functions, or exceptional local significance including but not limited to estuarine systems, peat bogs and
fens, mature forested wetlands, groundwater exchange areas, significant habitat or unique educational
sites; or
3. Have three or more wetland classes, one of which is open water.
Exhibit 3, FWCC Chapter 22, Article I, Definitions Page 19
b. Category II wetlands are greater than 2,500 square feet in area, do not exhibit the
characteristics of Category I wetlands, and meet one of the following criteria:
1. Are contiguous with water bodies or tributaries to water bodies which under normal
circumstances contain or support a fish population, including streams where flow is intermittent; or
2. Are greater than one acre in size in its entirety; or
3. Are less than or equal to one acre in size in its entirety and have two or more wetland
classes, with neither class dominated by non-native invasive species.
c. Category III wetlands are greater than 2,500 square feet in area and do not exhibit those
characteristics of Category I or II wetlands.
(2) See definition of "regulated I.akes."
Wholesale trade means a commercial establishment which sells to retail establishments.
Zero lot line means the location of a building in such a manner that one or more of the building's sides
rest directly on a lot line.
Zones means use zones as described in FWCC 22-596 through 22 g78 22-906.
Zoning map means the series of maps adopted by the city, and designated the official zoning map of
the city, showing the geographical location of use zones within the municipal boundaries. (Ord. No. 90-43,
92(3.10),2-27-90; Ord. No. 90-51, 99 1,2,3-27-90; Ord. No. 91-87, 99 2 - 4,2-5-91; Ord. No. 91-92, ~ 4, 4-16-91;
Ord. No. 91-100, ~ 4,6-4-91; Ord. No. 91-105, 9 3, 8-20-91; Ord. No. 91-113, 9 3, 12-3-91; Ord. No. 94-223 ~
3(A), 10-18-94; Ord. No. 95-245, 9 3(A), 11-21-95; Ord. No. 96-269, 9 3, 6-18-96; Ord. No. 96-270, 9 3(A), 7-2-96;
Ord. No. 97-295, 9 3, 5-20-97; Ord. No. 97-291, 9 3,4-1-97; Ord. No. 97-296, 93,6-17-97; Ord. No. 97-300,93,
9-16-97; Ord. No. 97-307, 9 3, 12-16-97; Ord. No. 99-337, 9 2, 3-2-99; Ord. No. 99-348, 9 2, 9-7-99; Ord. No. 99-
353,93, 11-16-99; Ord. No. 99-357, 9 3,12-7-99; Ord. No. 00-363, 92,1-4-00; Ord. No. 01-385, ~ 3,4-3-01; Ord.
No. 02-424,93,9-17-02; Ord. No. 03-443, 9 3, 5-20-03; Ord. No. 04-457, 9 3,2-3-04; Ord. No. 04-468, 9 3, 11-16-
04; Ord. No. 05-506, 9 3,10-18-05; Ord. No. 06-515,93,2-7-06)
.
1:\2006 Code Amendments\Small Lot and Zero Lot Line Amendments\Planning Commission\Exhib.it 3 Definitions.doc
Exhibit 3, FWCC Chapter 22, Article I, Definitions Page 20
E~bibit 4
1. '2~66"X.
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fOf detail, fegarding requIred yar ,see,
. " "", p ..,~" ",d. N' "A", p. 9.".02\
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. n.A NeW Use Chart
Exhibit 5
22-XXX Small lot detached dwellinl!: units.
The foIlowinQ uses shall be nermitted in the multifamilv residential (RM) zone subiect to the rel!ulations and notes set forth in this section:
USE ZONE CHART
<J) DIRECTIONS: FIRST, read down to find use, .. THEN. across for REGULATIONS
z
0 Minimums Maximums
~ Renuired Yards Iz=1
..J '"
;J '" II
c.:l Q) ;
u
~ e I
I~ ~ i ~I
~ .~ ~ ~I 0 ii
USE :J ._ II ;1 u :J ,- SPECIAL REGULATIONS AND NOTES
> .3 ~
r Q) Q) ~ Q) '"
0:::0::: O:::~
Detached Subdivision ~ See note 4 ~ ~ No max. lot 30 ft, above ~ I. Minimum site size is 7 200 sa, ft
dwellino review note 2 notes note 9 coveral!e is a vera ue dwelling unit 2. The minimum amount oflot area Der dwelling unit is as follows:
units 5 to 8 established. building See note 10 a. In RM 3.6 zones the minimum lot size is 3 600 so, ft.
(sinole- Also subiect The buildable elevation b. In RM 2.4 zones the minimum lot size is 2 400 so. ft.
familv) to demon- area will be c. In RM 1,8 zones, the minimum lot size is 2 400 sa. ft.
stration detem,ined 3. Each dwelling unit must be built on its own lot of record,
Droiect bv other site 4, Minimum front yard setback is 20 ft, when garage is accessed from the front yard. Otherwise minimum front vard setback is 10
selection and develoDment .It .
review reauirements 5. Minimum side vard setback is five ft. Setbacks may be reduced on condition that there is a minimum lO'ft. seDaration between
criteria Der buildings.
22-.... 6. One of the building sides Olav rest on the lot line (zero lot line) in which case the zero lot line setback shall be 0 ft. and the
oooosing side yard setback shall be 10-ft. minimum.
7. If side vard setback is less than five ft. maintenance easements shall be Drovided between adioining buildings.
8. Side vard setbacks for ~arages located on the side shall be of adeauate width to accommodate access to the garaoe while
resulting in a sUDerior design than if the garage was located in the front or rear vards.
9. Minimum rear vard setback is five ft. exceot that minimum rear yard setback is 20 ft. from the DroDertv line for oarages that are
accessed via an allev.
10. Two-off street Darking SDaces including one located within a garage shall be Drovided for each residential unil.
II, Section 22-946 et sea. contains regulations regarding home occuDations and other accessories facilities and activities
associated with this use. Accessorv Dwellinu Units are not oemlitted.
12 Refer to Article XVII LandscaDing for aDDroDriate reauirements,
13. Refer to ChaDter 20 Section 20-156 for aDen SDace reauirements,
14. For sign reauirements that aDDlv to the Droiect see Article XVIII.
13. For communitv design "uidelines that aDDlv to the Droiect see Article XIX.
15, For orovisions that relate to the keeDin" of animals see & 22-98 I el. sea.
16 For affordable housing reauirements see & 22-976.
I L- For other information about parking and parking areas, see * 22-1376 et seq.
Process IV, V, and VI are described in ,
* * 22-431 - 22-460,
22-476 - 22-498, For details of what may exceed this height limit, see * 22-1046 et seq,
22-516 - 22-543 respectively. For details regarding required yards, see * 22-1131 et seq.
(Ord. No. 90-43, * 2(25.15), 2-27-90; Ord. No. 93-170, * 7(Exh, B), 4-20-93; Ord. No. 97-291, * 3,4-1-97; Ord. No. 99-333, * 3, 1-19-99; Ord. No. 01-385, * 3, 4-3-01; Ord. No. 02-424, * 3, 9-17-02)
1:\2006 Code AmendmenlS\Small LoI and Zero Lot Line AmendmenlSIPlanning CommissionlExhibit 5 Small Lot Zone Chart,doc
Exhibit 5, Federal Way City Code (FWCC) Section 22-XXX, RM New Use Chart Page I
Exhibit 6
22-632 Zero-lot line townhouse and townhouse Attaehed (attached) dwelling units.
The following uses shall be permitted in the single-family residential (RS) zone subject to the regulations and notes set forth in this section:
USE ZONE CHART
en DIRECTIONS: FIRST, read down to find use, " THEN, across for REGULATIONS
z
0 Minimums Maximums
f= Required Yards
<I: I ZONE I
..J '"
:::1 '" '"
(,) '" '" '" RS
U eo U
~ 2 ~ i:! 8.
~ -0"- '" U '" '0 ~ -0 en
=:) ~ ~ '" > ~ OJ}
.!::l '" 0 ~ ::l
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USE '" .... eoU ::l .- SPECIAL REGULATIONS AND NOTES
0-> 0 e '" 0 '0 E 0-'"
~~ -0 ~ ~~
U ..J ~ en ....J :I: en
Attached Process III f2r 10,000 sq. 20 ft. f2r 5 ft. for 5 ftJm: 60% 30 ft. 2 per t. +Iti5-ttse These uses may be permitted only ifitW meets the following criteria:
dwelling units attached dwelling ft. with at attached attached attached above dwelling unit a. The site is designed to be compatible with any nearby low density uses.
units least 5.000 dwelling dwelling dwellin? average b. The site is designed to preserve la,ger aggregations of open space than would development of the subject property with'dewched dwelling
Zero-lot line sq. ft. per units units ~ building See note 5 for units.
townhouse Subdivision unit for elevation zero lot line c. The scale of development on the subject property is compatible with any nearby low density uses,
attached review for zero- attached 20 ftQI QJl. 5ft. or 20 ft townhouse 2, If aH) ~oftiaH of a SlRlelHre aH the sHltjeet ~ro~eft) is itlliH 1991\. of a la densil) Hoe, then either,
a. Tile heit;ht afthat slAletHre shall Rat e.<eeed IS 1\, alta.e a.erage bHildillg ele.atian. ar
dwellim:! units lot line dwelling 10 ft for ill for zero lot dwelling units b, The fa~ade afthat ~aftiaH aftlle stNeMe ~arallel ta the la.. deRsit) Hse shall Hat e.<eoed S9 ft, ill length.
townhouse units zero lot 10 ft for line 2. Minimum site area for zero lot line townhouse develoDl11ent shall be 10000 so. fl.
+ltis-ttse-is dwcllin~ units line lliQJQ! townhouse 3. Each buildinu. shall consist ofa minimum of two units and a maximum ofeil.!.ht units in each l!fouoinl.!..
These uses are See note ,} town~ line town.,. dwelling 4. For zero lot line townhouse develooment the followinl.!. shall aoolv:
allowed only 6 for zero house house units a. but a ~ral!iRE is alll) 3d I G 8 gr Iha minimu 1 lot niB!! BhaW hn at I~a!lt J :H} 83 ft (:! IJlll eellt of 5 gOO [Ht-. n.,;~
in RS 5.0 lot line develoo- dwelling 9. a. Each dwelline unit must be located on its own lot of record.
zones townhouse ment units See note 4 . ~ h. Minimum front yard setback is 20 ft. when oarkinl!!earae.e is located in the front ofthe townhouse. Otherwise minimum front yard
dwelling setback is 10 ft. There are no reQuired side yards between attached units.
~ See note See note 0,& For a l!TOUO of two to six attached units the reQuired side vard is five,ft.
~ ~ @or d For more than six attached units the reQuired side yard is 10 ft.
$,.e. Minimum rear yard setback is five ft. excent that minimum rear yard setback is 20 ft. from the OTOoertv line for l!.aral!.CS that are
accessed via an allev or drive aisle.
S. Two-ofT street oarkine soaces includine one e.araee shall be orovided for each zero lot line townhouse unit.
6. The subiect orooertv must contain at least 400 sa. ft. of ooen seace oer dwelline unit. This includes a minimum of 200 sa. ft. of nrivate ODell
seace for each unit and the remainder as useable common ooen snace. Private ooen seace may include yards eatios and balconies. TVDC III
landsc3oinl! 10 ft. in width shall be oTOvided alonl! all arterial riehts-of~wav. Said landscaoine shall be in a senarate tract and shall be credited
to the COI11,mon ooen soace reauirement. At least ]0 oereent of the oublic ooen soaee must be develooed and maintained with children's nlay
eQuioment exceot fot housine. for the exclusive use ofoersons over 55 vears ofaee in which case the ooen soace shall be develoned with age.
aoorooriate eauioment. If the subiect orooertv contains four or more units this reauired oublic ooen soace must be in one or more nieces each
hayine both a lenLrth and width of at least 2S ft. In addition. if the subiect oroDertv contains 20 or more units at least 50 oercent of this
reQuired ooen soaee must be in one or more oieces each having a lenLrth and width of at least 40 ft.
-3]. Section 22~946 et seq. contains regulations regarding home occupations and other accessories, facilities and activities associated with this
use.
4~. Refer 10 * 22-946 et seq. (0 detenlline whal other provisions oflhis chapter may apply to the subject property.
~ 2. Refer to Article XVII, Landscaping, for appropriate requirements.
6lQ. For sign requircments that apply to the project. see Article XVIII.
+ 11. For community design guidelines that apply to the project, see Article XIX.
812. For Drovisions thaI relate to the keepin' of animals. see s 22-981 CI. sea,
T I L- For other infom13tioll about parking and p~rking areas. see * 22"1376 et seq,
Process I, II, III and IV are described ill
** 22-351 - 22-356,
22-361 - 22-370 For details of what n13Y exceed this height limit, see * 22-1046 et seq.
22-386 - 22-41 ],
22-431 - 22-460, respectively. For details regarding required yards, see * 22-] 131 et seq.
(Ord. No. 90-43, * 2(20,15). 2-27-90; Ord. No. 93-170, * 7(Exh. B), 4-20-93; Ord. No. 97-291, * 3,4-1-97; Or<!. No. 99"333, * 3, 1-19-99; Ord. No, 02-424, * 3, 9-17-02)
Exhibit 6, Federal Way City Code (FWCC) Section 22-632, RS K:\Margarel\2006 Code AmendmentslZLL Line and Small Lotsl04 t607 LUTC MaterialslExhibit 6 Sec 22-632( I l,dac Page 1
/// ../ .../ . ... ./. ....
~ -,--_.--.--~ -----
E~hibit '1
22-661 .......... ~De..~' g! stacl<ed ~"e\l\ng units. ,," th on,ulaUO", and noteS set forth ,n this section..
~.__' =-- "." 'd 'l /"01\1.1 'Zone sublect to e rel'.'
. h llb _&e--itted in the tnultifa!\1lh reSl entlal \l'-J.U
The fo1\o\\llnl!. uses s a e v' 1"-
-USE ZONE CllAR'f
1\-\\:.N aCTOSS fOT REGtl\...A. 'noNS
ell D\REC1\ONS', f\RS1, Teadd .o\>ln 10 find use, ", ,@
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_.. , ., m" . ' d 1\ \0 "" " _..... " .' . "",,, , .f""" P"" . .
,..w"'" " " . ~,,, wm. ..... ;0 1\ '''._'" "" ;.. w",. ... ,"im"""''' "'"" ""."" ""': ." ~f ~- ,~",,\O," ."'"' .,m' Io.b" f" "'''
,w,..d. .~;; .. ,'" '" ""'~ ~\O , ;.. ~1\,"' """'" ... ....',,' ,~. '"' ". 1\ '" d;''';'' ~ .od m"~'ool "", """,,," "" ,,~,..," ,(\,.
d"'''' om"... '"' " "".. .. . ( """, ,,,, of ",,,,,,,,,,,, ",,,,,,, ... '" ". '" , '" i' ,m " "",' .".' "", ,,,,,,, ,,,,. ,od
..."'" ~ _ b""'" '.' "'.::::. ""~ ... ''1 ,...'" ,,. " ",. "'.. .. ""."" .0''' 'P'" "'"' ~.. "".., "". .".. """"" 00" ""..
"" _" .od [.. .,~",,,. '" --- -' - ft ,....,... ,n'" ,,,,",,",,,,,, ",.", " "",. " .
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~ %< 6, for C01\'\11U1\'\'1 des'gt' gu,del\\\eS . ll?r'1 . ,"\0 oee' 22-9%1 e\. se<\,
_ . . ~ \ t to \~e "ee"t\1" 0 a\1\1\~'" ,
~ 1 for ?ro"''''O\\S tHat re a eH ~ ~,,~~
S, Fnr ~~~rda"'e U",,<in" renuiremen's <ee 12.916.
\ . . "., ",,, ""
\ ~ ., ~.':01l a\lou\ narKin" a\\d ?ar"",g areas. see>
for otuef\1\\o,u-" r ~
y,oo'. ,. ". '" ... 'V.. ....""" " . ,.- ';' "'''',,'''' ,~ ",- ",., " ""
"".,,,.''''''' f._...f""da.1\\:l'1 . d'1ardS sed22-113Ietse<\,
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,om. ",. ,...,. ,,0,.(5). ,." .,.. 0" ",. 9J. ".. ",1>' B). ..".,. . .
,~ ......._W.~i'. eo-"''''''.''' , .,"if'"'' >.om C""d~
\.0"" Cod' ."""'_"","" .... ,od "" CO,L ?,,' \
~'h' rode (f\\lCC) Section 22-661, RJVI
Exhibit 8
FEDERAL WA Y CITY CODE (FWCC)
Chapter 22. Zoning.
Article XIII. Supplemental District Regulations
Division 1. Generally
22-976 Affordable housing regulations.
(a) Purpose. To provide affordable housing to the citizens of Federal Way and to comply with the
Growth Management Act and the county-wide planning policies for King County.
(b) Affordable housing defined. "Owner-occupied A~ffordable housing" means dwelling units that
are offered for sale ef--fefH at a rate that is affordable to those individuals and families having incomes that
are 80 percent or below the median county income. "Rental affordable housing" means dwelling units that
are offered for rent at a rate that is affordable to those individuals and families having incomes that are 50
percent or below the median county income.
(c) Multiple-family developments; senior citizen housing; assisted living facilities; townhouse
development; zero-lot line townhouse development; mixed-use projects; and cottage housing in
multifamily zones. New multiple family_or mixed use projects involving 25 dwelling units or more are
required to provide affordable dwelling units as part of the project. At least two dwelling units or five
percent of the total number of proposed units, whichever is greater, shall be affordable. Projects including
affordable dwelling units may exceed the maximum allowed number of dwelling units as follows:
(1) One bonus market rate unit for each affordable unit ineluded in the project; up to 10 percent
above the maximum number of dwelling units allowed in the underlying zoning district.
(d) Single-family developments. New single-family developments in the RS-35, RS-15, RS-9.6, and
S-7.2 zoning districts have the option of providing affordable dwelling units as part of the project.
Projects including affordable dwelling units may reduce minimum lot size as follows:
(1) Those lots in a new single-family conventional subdivision or short subdivision which are
proposed to contain affordable dwelling units may be reduced in area by up to 20 percent of the minimum
lot size of the underlying zoning district; provided that the overall number of dwelling units in the
subdivision may not exceed 10 percent of the maximum number of units allowed in the underlying zoning
district.
(e) Provisions for affordable housing for cottage housing develo?ment in single-familv residential
zones are set forth in FWCC 22-923.
fej ill Duration. An agreement in a form approved by the city must be recorded with King County
department of elections and records requiring affordable dwelling units which are provided under the
provisions of this section to remain as affordable housing for the life of the project. This agreement shall
be a covenant running with the land, binding on the assigns, heirs and successors of the applicant. (Ord.
No. 97-306, 93,12-2-97; Ord. No. 02-424, 93,9-17-02)
1:\2006 Code Amendments\Small Lot and Zero Lot Line Amendments\Planning Commission\Exhibit 8 Affordable Housing.doc
Exhibit 8, FWCC Chapter 22, Article XIlI, Division I, Affordable Housing Page I
----.---.- --- -
Exhibit 9
FEDERAL WAY CITY CODE (FWCC)
Chapter 22. Zoning.
Article XIII. Supplemental District Regulations
Division 9. Yard Requirements
22-1135 Driveways and parking areas.
Vehicles may not be parked in required yards except as follows:
(l) Detached dwelling units. The regulations of this section apply to driveways and parking areas for
detached dwelling units.
a. Generally. Vehicles may be parked in the required front and rear yards only if parked on a
driveway and/or parking pad, except as specified in subsection (l )(b) of this section. A driveway and/or
parking pad, in a required front yard, may not exceed 20 feet in width and may not be closer than five feet
to any side property line.
b. Exception. A driveway and/or parking pad in a required front yard rpay exceed 20 feet in width
if:
1. It serves a three-car garage;
2. The subject property is at least 60 feet in width; and
3. The garage is located no more than 40 feet from the front property line.
In addition, a driveway may flare at the front property line to a maximum width of 30 feet.
(2) Attached and stacked dwelling units in residential zones. The regulation of this subsection apply
to driveways and parking areas for stacked and townhouse {attached) dwelling units in residential zones.
a. Parking areas may not be located in required yards.
b. Driveways must be set back at least five feet from each property line, except the portion of any
driveway which crosses a required yard to connect with an adjacent street.
(3) Other uses. Parking areas and driveways for uses other than those specified in subsections (l)a.
and (2) of this section may be located within required setback yards.
(4) Shared parking. If parking serves two adjacent uses, the parking area may be anywhere in the
required yard between those uses.
(5) Zero-lot line townhouse dwelling units and lots in sma1l10t detached development. Parking areas
and driveways for these uses mav utilize shared parking and park in required yards as specified in Section
22-66X, Zero-lot line townhouse and townhouse (attached) dwelling units: Section 22-XXX. Small lot
detached dwelling units: and Section 22-632. Zero-lot line townhouse and townhouse (attached) dwelling
units. (Ord. No. 90-43, S 2(115.115(5)), 2-27-90)
, 22-1136 - 22-1150 Reserved.
1:\2006 Code Amendments\Smal1 Lot and Zero Lot Line Amendments\Planning Commission\Exhibit 9 Driveways and parking.doc
Exhibit 9, FWCC Chapter 22, Article XII, Division 9, Yard Requirements Page I
Exhibit 10
Federal Way City Code (FWCC)
Chapter 22. Zoning.
Article XIV. Critical Areas
Sections:
Division I. Generally
22-1221 Purpose.
22-1222 Applicable provisions.
22-1223 Jurisdiction.
22-1224 Other authority and jurisdiction.
22-1225 Liability.
22-1226 - 22-1240 Reserved.
Division 2. Administration
22-1241 Administration.
22-1242 Maps adopted.
22-1243 Basis for determination.
22-1244 Reasonable use of the subject property.
22-1245 Appeals of determination made under article.
22-1246 Bonds.
22-1247 Dedication.
22-1248 Exemptions.
22-1249 - 22-1265 Reserved.
Division 3. General Site Design Requirements
22-1266 Responsibility of applicant.
22-1267 Physical barriers.
22-1268 Vehicle circulation areas.
22-1269 Time limitation.
22-12700therrequirements.
22-1271 - 22-1285 Reserved.
Division 4. Geologically Hazardous Areas Development
22-1286 Limitations.
22-1287 -'- 22-1305 Reserved.
Division 5. Streams
22-1306 Setbacks.
22-1307 Relocation.
22-1308 Bulkheads.
22-1309 Culverts.
22-1310 Removal of streams from culverts.
22-1311 Rehabilitation.
Exhibit 10, FWCC Chapter 22, Article XIV, Critical Areas Page I
22-13 12 Intrusion into setbacks.
22-1313 Additional requirements for land surface modification.
22-1314 - 22-1330 Reserved.
Division 6. Regulated Lakes
22-1331 Conformance with division.
22-1332 Setback areas.
22-1333 Activities and improvements waterward of the ordinary high water mark.
22-1334 Activities and improvements within the required setback areas from regulated lakes.
22-1335 Rehabilitation.
22-1336 Bulkheads.
22-1337 - 22-1355 Reserved.
Division 7. Regulated Wetlands
22-1356 Determination of wetland and regulated wetland.
22-1357 Wetland categories and standard buffers.
22-1358 Structures, improvements and land surface modifications within regulated wetlands.
22-1359 Structures, improvements and land surface modification within regulated wetland buffers.
22-1360 - 22-1368 Reserved.
Division 8. Regulated Wellheads
22-1369 Criteria.
Division 9. Critical Aquifer Recharge Areas and Wellhead Protection Areas
22-1370 Limitations.
22-1371 Classification of wellhead capture zones.
22-13 72 General requirements.
22-1373 Prohibited activities in Wellhead Capture Zone 1.
22-1374 Regulation of facilities handling and storing hazardous materials.
22-1375 Performance standards.
22-1375.1 Use of pesticides, herbicides, and fertilizers in critical aquifer recharge areas and wellhead
protection areas.
Division 1. Generally
22-1221 Purpose.
The purpose of this article is to protect the environment, human life and property from harm and
degradation. This is to be achieved by precluding or limiting development in areas where development
poses serious or special hazards; by preserving and protecting the quality of drinking water; and by
preserving important ecological areas such as steep slopes, streams, lakes and wetlands. The public
purposes to be achieved by this article include protection of water quality, groundwater recharge,
shoreline stabilization, stream flow maintenance, stability of slope areas, wildlife and fisheries habitat
maintenance, protection of human life and property and maintenance of natural stormwater storage
systems. (Ord. No. 90-43, S 2(80.10),2-27-90; Ord. No. 91-105, S 4(80.10), 8-20-91; Ord. No. 91-123, S 3(80.10),
12-17-91; Ord. No. 04-468, S 3,11-16-04)
Exhibit 10, FWCC Chapter 22, Article X IV, Critical Areas Page 2
22-1222 Applicable provisions.
The provisions of this article apply throughout the city and must be complied with regardless of any
other conflicting provisions of this chapter. The provisions of this chapter that do not conflict with the
provisions of this article apply to the subject property. (Ord. No. 90-43, S 2(80.15), 2-27-90; Ord. No. 91-105,
S 4(80.15), 8-20-91; Ord. No. 91-123, S 3(80.15), 12-17-91; Ord. No. 04-468, S 3, \1-\6-04)
22-1223 Jurisdiction.
This article applies to the subject property if it:
(I) Contains or is within 25 feet ofa geologically hazardous area;
(2) Contains or is within 100 feet of a wellhead;
(3) Contains or is within 100 feet of the ordinary high water mark of a major stream;
(4) Contains or is within 50 feet of the ordinary high water mark of a minor stream;
(5) Contains or is within 25 feet of any regulated lake;
(6) Contains or is within 200 feet of the edge of any regulated wetland, including regulated wetlands
associated with any major stream, minor stream, or regulated lake; or
(7) Is located within a critical recharge area or a wellhead protection area (one-, five-, or 10-year
wellhead capture zone). (Ord. No. 90-43, S 2(80.20), 2-27-90; Ord. No. 91-105, S 4(80.20),8-20-91; Ord. No. 91-
123, S 3(80.20),12-17-91; Ord. No. 99-353, S 3,11-16-99; Ord. No. 04-468, S 3,11-16-04)
22-1224 Other authority and jurisdiction.
Nothing in this article in any way limits, or may be construed to limit, the authority of the city under
any other applicable law, nor in any way decreases the responsibility of the applicant to comply with all
other applicable local, state and federal laws and regulations. (Ord. No. 90-43, S 2(80.25), 2-27-90; Ord. No.
91-105, S 4(80.25), 8-20-91; Ord. No. 91-123, S 3(80.25),12-17-91; Ord. No. 04-468, S 3,11-16-04)
22-1225 Liability.
(a) Prior to issuance of any building permit or other permit by the building official, the applicant may
be required to enter into an agreement with the city, in a form acceptable to the city attorney, releasing
and indemnifying the city from and for any damage or liability resulting from any development activity
on the subject property which is related to the physical condition of the steep slope, stream, regulated lake
or regulated wetland. This agreement shall be recorded in the county, at the applicant's expense, and shall
TUn with the property.
(b) The city may also require the applicant to obtain insurance coverage for damage to city or private
property and/or city liability related to any such development activity. (Ord. No. 90-43, S 2(80.55), 2-27-90;
Ord. No. 91-105, S 4(80.55), 8-20-91; Ord. No. 91-123, S 3(80.55), 12-17-91; Ord. No. 04-468, S 3, 11-16-04)
22-1226 - 22-1240 Reserved.
Division 2. Administration
22-1241 Administration.
Except as otherwise established in this article, this article will be implemented and enforced as part of
the city's review of any development activity on the subject property. If the development activity requires
approval through process I, II, ef III or IV, the provisions of this article will ,be implemented as part of
these processes. If the development activity does not require approval through prooess I, II or III, the
provisions of this artiole will be implemented through site plan review under FWCC 22 361 et seq. (Ord.
No. 90-43, S 2(80.30(1)), 2-27-90; Ord. No. 91-105, S 4(80.30(1)),8-20-91; Ord. No. 91-123, S 3(80.30(1)), 12-17-
91; Ord. No. 04-468, S 3,11-16-04)
Exhibit \0, FWCC Chapter 22, Article XIV, Critical Areas Page 3
22-1242 Maps adopted.
The city hereby adopts the June 19, 1999, city of Federal Way final wetland inventory report, to show
the locations of certain regulated wetlands in the city. The city hereby adopts the Lakehaven Utility
District wellhead one-, five-, and 10-year capture zone maps, as now existing or amended. (Ord. No. 90-43,
92 (80.30(2)), 2-27-90; Ord. No. 91-105, 94(80.30 (2)), 8-20-91; Ord. No. 91-123,93(80.30(2)),12-17-91; Ord.
No. 04-468,93, 11-16-04)
22-1243 Basis for determination.
The determinations regarding whether the subject property is regulated under this article, as well as the
extent and nature of the regulations that will apply to the subject property, will be determined based on
environmental information and mapping possessed by the city as well as other information and mapping
provided by or through the applicant. The city may require the applicant, at the applicant's expense, to
provide any information, mapping, studies, materials, inspections or reviews that are reasonably necessary
to implement this article and to require that such information, studies, mapping, materials, inspections and
reviews be provided or performed by a qualified professional acceptable to the city. Other provisions of
this article detail other information and inspections that may be required in some instances. (Ord. No. 90-
43,92(80.30(3)),2-27-90; Ord. No. 91-105, 94(80.30(3)),8-20-91; Ord. No. 91-123,93(80.30(3)),.12-17-91; Ord.
No. 04-468, ~ 3,11-16-04)
22-1244 Reasonable use of the subject property.
(a) The provisions of this section establish a mechanism whereby the provisions of this article may be
modified or waived on a case-by-case basis if their implementation would deprive an applicant of all
reasonable use of the subject property.
(b) Anapplicant may apply for a modification or waiver of the provisions of this article using process
IV; except, that applications for projects on single-family residential lots platted prior to the incorporation
of the city may use process III.
(c) The city may approve a modification or'waiver of the requirements of this article on a case-by-case
basis based on the following criteria:
(1) The application of the provisions of this article eliminates all reasonable use of the subject
property .
(2) It is solely the implementation of this article, and not other factors, which precludes all reasonable
use ofthe subject property.
(3) The applicant has in no way created or exacerbated the condition which forms the limitation on
the use of the subject property, nor in any way contributed to such limitation.
(4) The knowledge of the applicant of limitations on the subject property when he or she acquired the
subject property.
(5) The waiver or modification will not lead to, create nor significantly increase the risk of injury or
death to any person or damage to improvements on or off the subject property.
(d) If the city grants a request under this section, it shall grant the minimum necessary to provide the
applicant with some reasonable use of the subject property, considering the factors described in
subsections (c)(1) through (c)(5) of this section. The city may impose any limitations, conditions and
restrictions it considers appropriate to reduce or eliminate any undesirable effects or adverse impacts of
granting a request under this section. (Ord. No. 90-43, ~ 2(80.35), 2-27-90; Ord. No. 91-105, ~ 4(80.35), 8-20-
91; Ord. No. 91-123, ~ 3(80.35), ]2-17-91; Ord. No. 99-353, ~ 3,11-16-99; Ord. No. 04-468, ~ 3,11-16-04)
22-1245 Appeals of determination made under article.
Any determination made by the director of community development under this article may be appealed
using the procedures established for appeals of interpretations under FWCC 22-350. (Ord. No, 90-43, ~
Exhibit 10, FWCC Chapter 22, Article XIV, Critical Areas Page 4
2(80.40), 2-27-90; Ord. No. 91-105, 9 4(80.40), 8-20-91; Ord. No. 91-123, 9 3(80.40), 12-17-91; Ord. No. 04-468, 9
3, 11-16-04)
, 22-1246 Bonds.
The city may require a bond under FWCC 22-146 et seq. to ensure compliance with any aspect of this
article. (Ord. No. 90-43, 9 2(80.45), 2-27-90; Ord. No. 91-] 05, 9 4(80.45), 8-20-91; Ord. No. 91-123, 9 3(80.45),
12-17-91; Ord. No. 04-468, 9 3, 11-16-04)
.
22-1247 Dedication.
The city may require the applicant to dedicate development rights or an open space easement to the
city to ensure protection of steep slopes, wells, streams, regulated lakes and regulated wetlands and other
areas within the jurisdiction of this article. (Ord. No. 90-43, 92(80.50),2-27-90; Ord. No. 91-105, 94(80.50),8-
20-91; Ord. No. 91-123, 9 3(80.50),12-17-91; Ord. No. 04-468, 9 3,11-16-04)
22-1248 Exemptions.
The following activities are exempt from the provisions of this article:
(1) Emergencies that, in the opinion of the director of community development, threaten the public
health, safety and welfare;
(2) Normal and routine maintenance and repair of the following facilities, for which a maintenance
plan has been approved by the public works director:
a. Existing drainage ditches provided, however, that this exception shall not apply to any ditches
used by salmonids other than to permit free migration of salmonids to their spawning grounds;
b. Surface water facilities, provided that such activities shall not involve conversion of any
regulated wetland not currently being used for such activity;
c. Existing public facilities and utility structures or rights-of-way.
The maintenance plan may be qesigned to address individual facilities or facility components, area-
wide facilities or city-wide systems. The maintenance plan shall identify the nature of the potential
maintenance or repair activities, specifications for work which may occur within potential sensitive areas,
specifications for restoring and/or mitigating impacts, specifications for timing of maintenance or repair
activities, and process for contacting or notifying the city of pending maintenance or repair activities to
ensure compliance with the approved plan. The public works director may require that an appropriate
bond or security be maintained with the city to ensure restoration of disturbed areas. (Ord. No. 91-105, 9
4(80.37),8-20-91; Ord. No. 04-468, 9 3, 11-16-04)
22-1249 - 22-1265 Reserved.
Division 3. General Site Design Requirements
22-1266 Responsibility of applicant.
The applicant shall locate all improvements on subject property to minimize adverse impacts to
geologically hazardous areas, wells, streams, regulated lakes, regulated wetlands, and critical aquifer
recharge and wellhead protection areas. (Ord. No. 90-43, 9 2(80.60(1)), 2-27-90; Ord. No. 91-105, 9
4(80.60(1)),8-20-91; Ord. No. 91-]23, 9 3(80,60(1)), ]2-17-91; Ord. No. 04-468, 9 3,11-16-04)
22-1267 Physical barriers.
The applicant shall install a berm, curb or other physical barrier during construction and, if necessary,
following completion of development of the subject property, to prevent direct runoff and erosion from
any disturbed area onto or into a geologically hazardous area, any area within 100 feet of a wellhead, a
Exhibit 10, FWCC Chapter 22, Article XIV, Critical Areas Page 5
stream, a regulated lake or a regulated wetland. (Ord. No. 90-43, S 2(80.60(2)), 2-27-90; Ord. No. 91-105, S
4(80.60(2)),8-20-91; Ord. No. 91-123, S 3(80.60(2)),12-17-91; Ord. No. 04-468, S 3,11-16-04)
22-1268 Vehicle circulation areas.
The applicant shall locate all parking and vehicle circulation areas as far as possible from any
geologically hazardous area, wellhead, stream, regulated lake and regulated wetland. (Ord. No. 90-43, S
2(80.60(3)),2-27-90; Ord. No. 91-105, S 4(80.60(3)), 8-20-91; Ord. No. 91-123, S 3(80.60(3)),12-17-91; Ord. No.
04-468, S 3, 11-16-04)
22-1269 Time limitation.
The city may limit development activities which involve any land surface modification to specific
months of the year and to a maximum number of continuous days or hours in order to minimize adverse
impacts. (Ord. No. 90-43, S 2(80.60(4)), 2-27-90; Ord. No. 91-105, S 4(80.60(4)), 8-20-91; Ord. No. 91-]23, S
3(80.60(4)),12-17-91; Ord. No. 04-468, S 3,11-16-04)
22-1270 Other requirements.
The city may require other construction techniques, conditions and restrictions on development in
order to minimize adverse impacts on geologically hazardous areas, wells, critical aquifer recharge areas
and wellhead protection areas, streams, regulated lakes, or regulated wetlands. (Ord. No. 90-43, S
2(80.60(5)),2-27-90; Ord. No. 91-105, S 4(80.60(5)), 8-20-91; Ord. No. 91-123, S 3(80.60(5)),12-17-91; Ord. No.
04-468, S 3,11-16-04)
22-1271- 22-1285 Reserved.
Division 4. Geologically Hazardous Areas Development
22-1286 Limitations.
(a) This section regulates development activities and land surface modifications on or within 25 feet of
a geologically hazardous area.
(b) The director of communitv development may permit :gdevelopment activities, land surface
modifications or the installation and maintenance of landscaping normally associated with residential,
commercial or park use may not occur on or within 25 feet of a geologically hazardous area Hflless if no
reasonable alternative exists and then only if the development activity or land surface modification will
not lead to or create any increased slide, seismic or erosion hazard.
(c) Before approving any development activity or land surface modification under this section, the city
may require the applicant to submit the following information:
(1) A soils report prepared by a qualified professional engineer licensed in the state which describes
how the proposed development will impact each of the following on the subject property and nearby
properties:
a. Slope stability, landslide hazard and sloughing.
b. Seismic hazards.
c.-Groundwater.
d. Seeps, springs and other surface waters.
e. Existing vegetation.
(2) Recommended foundation design and optimal location for roadway improvements.
(3) Recommended methods for mitigating identified impacts and a description of how these
mitigating measures may impact adjacent properties.
(4) Any other information the city determines is reasonably necessary to evaluate the proposal.
Exhibit 10, FWCC Chapter 22, Article XIV, Critical Areas Page 6
(d) If the city approves any development activity or land surface modification under this section, it
may, among other appropriate conditions, impose the following conditions of approval:
(1) That the recommendations ofthe soils report be followed.
(2) That the applicant pay for the services of a qualified professional engineer selected and retained
by the city to review the soils report and other relevant information.
(3) That a qualified professional engineer be present on-site during all land surface modification
activities.
(4) That trees, shrubs and groundcover be retained except where necessary for approved development
activities on the subject property.
(5) That additional vegetation be planted in disturbed areas. (Ord. No. 90-43, ~ 2(80.65), 2-27-90; Ord.
No. 90-79, ~ 3, 12-18-90; Ord. No. 91-105, ~ 4(80.65), 8-20-91; Ord. No. 91-123, ~ 3(80.65),12-17-91; Ord. No.
04-468, ~ 3, 11-16-04)
22-1287 - 22-1305 Reserved.
Division 5. Streams
22-1306 Setbacks.
(a) No land surface modification or improvements may take place or be located in a stream or within
the following setback areas except as allowed within this article:
(I) The setback area for a major stream includes all areas within 100 feet outward from the ordinary
high water mark of a major stream.
(2) The setback area for a minor stream includes all areas within 50 feet outward from the ordinary
high water mark of a minor stream.
(b) The setback areas established by this section do not apply to any segment of a stream that is
, presently within a culvert, unless that stream will be taken out of the culvert as part of development of the
subject property. (Ord. No. 90-43, 9 2(80.75), 2-27-90; Ord. No. 90-79, 9 4, 12-18-90; Ord. No. 91-105, 9
4(80.75),8-20-91; Ord. No. 91-123, ~ 3(80.75),12-17-91; Ord. No. 99-353, ~ 3,11-16-99; Ord. No. 04-468, 9 3,
11-16-04)
22-1307 Relocation.
(a) Relocation of a stream on the subject property is permitted subject to all of the conditions and
restrictions of this section.
(b) A proposal to relocate a stream will be reviewed and decided upon using process IV in FWCC 22-
431 et seq.
(c) As part of any request under this section, the applicant must submit a stream relocation plan,
prepared by a qualified professional approved by the city, that shows the following:
(1) The creation of a natural meander pattern.
(2) The formation of gentle side slopes, at least two feet horizontally to one foot vertically, and the
installation of erosion control features for stream side slopes.
(3) The creation of a narrow subchannel, where feasible, against the south or west bank.
(4) The utilization of natural materials; wherever possible.
(5) The use of vegetation normally associated with streams, including primarily native riparian
vegetation.
(6) The creation of spawning and nesting areas, wherever appropriate.
(7) The re-establishment of the fish population, wherever feasible.
(8) The restoration of water flow characteristics compatible with fish habitat areas, wherever feasible.
(9) The filling and revegetation of the prior channel.
(10) A proposed phasing plan specifying time of year for all project phases.
Exhibit 10, FWCC Chapter 22, Article XIV, Critical Areas Page 7
------------
(d) The city will allow a stream to be relocated only if water quality, habitat and stormwater retention
capability of the streams will be significantly improved by the relocation. Convenience to the applicant in
order to facilitate general site designmay not be considered.
(e) Prior to diverting water into the new channel, a qualified professional approved by the city shall
inspect the new channel following its completion and issue a written report to the director of community
development stating that the channel complies with the requirements of this section.
(f) The amount of flow and velocity of the stream may not be increased or decreased as the stream
enters or leaves the subject property. (Ord. No. 90-43, 92(80.80),2-27-90; Ord. No. 91-105,94(80.80),8-20-
91; Ord. No. 91-123, 93(80.80), 12-17-91; Ord. No. 99-353,93, 11-16-99; Ord. No. 04-468,93, 11-16-04)
22-1308 Bulkheads.
(a) A bulkhead may not be located in or along a stream except as established in this section.
(b) A request for a bulkhead in or along the stream will be reviewed and decided upon using process III
in FWCC 22-386 et seq.
(c) A request to locate a bulkhead in or along the stream will only be granted if the bulkhead is needed
to prevent significant erosion and the use of vegetation will not sufficiently stabilize the bank to prevent
this erosion.
(d) The bulkhead, if permitted, must be designed to minimize the transmittal of water current to other
properties. Changes in the horizontal or vertical configuration of the land in or around the stream must be
kept to a minimum. (Ord. No. 90-43, S 2(80.85), 2-27-90; Ord. No. 91-105, 94(80.85),8-20-91; Ord. No. 91-123,
93(80.85), 12-17-91; Ord. No. 97-291, 93,4-1-97; Ord. No. 04-468, 9 3, 11-16-04)
22-1309 Culverts.
(a) Culverts are permitted in streams only if approved under this section.
(b) The city will review and decide upon applications under this chapter using process III in FWCC 22-
386 et seq.
(c) The city will allow a stream to be put in a culvert only if:
(1) No significant habitat area will be destroyed; and
(2) It is necessary for some reasonable use of the subject property. Convenience to the applicant in
order to facilitate general site design will not be considered. The applicant must demonstrate, by
submitting alternative site plans showing the stream in an open condition, that no other reasonable site
design exists.
(d) The culvert must be designed and installed to allow passage of fish inhabiting or using the stream.
The culvert must be large enough to accommodate a IOO-year storm.
(e) The applicant shall, at all times, keep all culverts on the subject property free of debris and
sediment so as to allow free passage of water and, if applicable, fish. The city shall require a bond under
FWCC 22~146 et seq. to ensure maintenance of the culvert approved under this section. (Ord. No. 90-43, S
2(80.90),2-27-90; Ord. No. 91-105, S 4(80.90),8-20-91; Ord. No. 91-123, S 3(80.90),12-17-91; Ord. No. 97-291, 9
3; 4-1-97; Ord. No. 04-468, 93, 11-16-04)
22-1310 Removal of streams from culverts.
If development of the subject property requires approval through process I, II~ eF III, or IV of this
chapter, the city may require the stream to be taken out of the culvert and restored to a natural-like
configuration as part of the city's approval of development of the subject property. (Ord. No. 90-43, S
2(80.95),2-27-90; Ord. No. 91-105, 94(80.95),8-20-91; Ord. No. 91-123, 9 3(80.95),12-17-91; Ord. No. 04-468, 9
3, 11-16-04)
Exhibit 10, FWCC Chapter 22, Article XIV, Critical Areas Page 8
----.---- .
22-1311 Rehabilitation.
The director of community development may permit or require the applicant to rehabilitate or maintain
a stream by requiring the removal of detrimental materials such as debris, sediment and invasive, non-
native vegetation. Approval of stream rehabilitation shall be based on a review of a plan containing, at a
minimum, an analysis of existing conditions, identification of the source, if possible, of the degradation of
the stream or riparian zone, proposed corrective actions, including installation of native species within the
riparian corridor, performance standards, monitoring schedule, planting plans, erosion and sedimentation
control plans, and grading plans as necessary. The director shall require an applicant to retain the services
of a qualified professional in preparing the restoration plan. These actions may be permitted or required at
any time that a condition detrimental to water quality, stability of stream banks, degradation of existing
naturally vegetated buffers, or in stream habitat exists. Intrusions into regulated steep slopes and
associated setbacks will be allowed for purposes of approved stream rehabilitation projects. (Ord. No. 90-
43,92(80.100),2-27-90; Ord. No. 91-105, 94(80.100),8-20-91; Ord. No. 91-123, 9 3(80.100),12-17-91; Ord. No.
99-353,93, 11-16-99; Ord. No. 04-468, 9 3, 11-16-04)
22-1312 Intrusion into setbacks.
(a) Essential public facilities, public utilities and other public improvements. The director of
community development may permit the placement of an essential public facility, public utility or other
public improvements in a setback from a stream if he or she determines that the line or improvement must
traverse the setback area because no feasible alternative location exists based on an analysis of technology
and system efficiency. The specific location and extent of the intrusion into the setback area must
constitute the minimum necessary encroachment to meet the requirements of the public facility or utility.
"Public utility and other public improvements" shall not include improvements whose primary purpose is
to benefit a private development, including without limitation interior roads or privately owned detention
facilities installed within or during the construction of a residential subdivision, binding site plan, or other
commercial development.
(b) Minor improvements. Minor improvements such as footbridges crossing the stream, walkways and
benches may be located within the setback area if approved through process III, based on the following
criteria:
(1) It will not adversely affect water quality;
(2) It will not adversely affect the existing quality of wildlife habitat within the stream or setback
area;
(3) It will not adversely affect drainage or stormwater retention capabilities;
(4) It will not lead to unstable earth conditions nor create erosion hazards;
(5) It will not be materially detrimental to any other property nor to the city as a whole; and
(6) It is necessary to correct anyone of the adverse conditions specified in subsections (b)(1) through
(b)(5) of this subsection.
(c) Other intrusions. Other than as specified in subsections (a) and (b) of this section, the city may
approve any request to locate art improvement or engage in land surface modification within stream
setback areas only through process IV, based on the following criteria:
(1) It will not adversely affect water quality;
(2) It will not adversely affect the existing quality of wildlife habitat within the stream or setback
area;
(3) It will not adversely affect drainage or stormwater retention capabilities;
(4) It will not lead to unstable earth conditions nor create erosion hazards;
(5) It will not be materially detrimental to any other property in the area of the subject property nor to
the city as a whole, including the loss of significant open space; and
Exhibit 10, FWCC Chapter 22, Article XIV, Critical Areas Page 9
(6) It is necessary for reasonable development of the subject property. (Ord. No. 90-43, S 2(80.105), 2-
27-90; Ord. No. 91-105,94(80.105),8-20-91; Ord. No. 91-123, S 3(80.105),12-17-91; Ord. No. 99-353, 9 3,11-
16-99; Ord. No. 04-468, 9 3, 11-16-04)
22-1313 Additional requirements for land surface modification.
If any land surface modification is permitted within the stream or stream setback area, the applicant
shall comply with the following additional requirements:
(1) All fill material used must be nondissolving and nondecomposing. The fill material must not
contain organic or inorganic material that would be detrimental to water quality or the existing habitat.
(2) The applicant may deposit dredge spoils on the subject property only if part of an approved
development on the subject property.
(3) The applicant shall stabilize all areas left exposed after land surface modification with native
vegetation normally associated with the stream or setback area. (Ord. No. 90-43, 9 2(80.110), 2-27-90; Ord.
No. 91-105, 94(80.110),8-20-91; Ord. No. 91-123, 9 3(80.110),12-17-91; Ord. No. 04-468, 93,11-16-04)
22-1314 - 22-1330 Reserved.
Division '6. Regulated Lakes
22-1331 Conformance with division.
No structure, improvement nor land surface modification may be constructed or take place within
regulated lakes or within setback areas from regulated lakes except as allowed in this article. (Ord. No. 90-
43, S 2(80.115), 2-27-90; Ord. No. 91-105, 9 4(80.115), 8-20-91; Ord. No. 91-123, 9 3(80.115), 12-17-91; Ord. No.
04-468,93, 11-16-04)
22-1332 Setback areas.
All areas landward 25 feet in every direction from the ordinary high water mark of a regulated lake is
within the setback area from a regulated lake. (Ord. No. 90-43, 9 2(80.120), 2-27-90; Ord. No. 91-105, 9
4(80.120),8-20-91; Ord. No. 91-123, 9 3(80.120),12-17-91; Ord. No. 04-468,93,11-16-04)
22-1333 Activities and improvements waterward ofthe ordinary high water mark.
This section regulates structures, improvements and activities waterward of the ordinary high water
mark of regulated lakes.
(1) Dredging and filling. Except as permitted in conjunction with activities regulated under process III
and IV, FWCC 22-386 et seq. and 22-431 et seq., dredging and filling waterward of the ordinary high
water mark of a regulated lake is prohibited.
(2) Structures and improvements. Except as permitted in conjunction with activities regulated under
process III and IV, FWCC 22-386 et seq. and 22-431 et seq., the only structures or improvements that
may be located waterward of the ordinary high water mark of a regulated lake are moorage structures.
The city will review and decide upon any proposal for a moorage structure waterward of the ordinary
high water mark using process III. The city may grant a request under this section if the moorage structure
is accessory to a dwelling unit or public park on the subject property and no significant habitat area will
be damaged by its construction or use. A moorage structure, if permitted, may not extend waterward
further than is reasonably necessary to function properly, but in no event more than.200 feet waterward of
the ordinary high water mark. Moorage structures may not be treated with creosote, oil base or other toxic
substances. The top of the moorage structure may not be more than two feet above the ordinary high
water mark. (Ord. No. 90-43, 9 2(80.125), 2-27-90; Ord. No. 91-105, 94(80.125), 8-20-91; Ord. No. 91-123, 9
3(80.125),12-17-91; Ord. No. 99-353, 9 3,11-16-99; Ord. No. 04-468, 93,11-16-04)
Exhibit 10, FWCC Chapter 22, Article XIV, Critical Areas Page ] 0
22-1334 Activities and improvements within the required setback areas from regulated lakes.
No structure, improvement nor land surface modification may be located or take place within the
setback area from a regulated lake except as allowed in this section.
(1) Landscaping and land surface modification. Except as otherwise specifically permitted in this
section, the setback area from a regulated lake may not be covered with an impervious surface.
Installation and maintenance of normal residential or park-like landscaping may take place within the
required setback area, provided that no fertilizers, pesticides or other chemicals or substances are applied
within the setback area that will degrade water quality or hasten eutrophication of the lake. Land surface
modification beyond installation and maintenance of normal residential or park-like landscaping may only
be permitted within the setback area if approved through process III based on the following criteria:
a. The proposed land surface modification is necessary for the reasonable use of the subject
property .
b. The land surface modification will not increase or decrease the size of the regulated lake.
c. The land surface modification will not change the points where any water enters or leaves the
subject property nor in any way change drainage patterns to or from adjacent properties.
d. The proposed land surface modification will not be detrimental to water quality or habitats in
or around the lake.
(2) Minor structures and improvements. Minor improvements such as walkways, benches, platforms
for storage of small boats and small storage lockers for paddles, oars, life preservers and similar boating
equipment may be located within the setback area if approved by the director of community development
based on the following criteria:
a. The minor improvement will not adversely affect water quality.
b. The minor improvement will not destroy nor damage a significant habitat area.
c. The minor improvement will not adversely affect drainage or stormwater retention capabilities.
d. The minor improvement wiiI not be materially detrimental to any other property in the area of
the subject property nor to the city as a whole.
(3) Essential public facilities and utilities. The director of community development may permit the
placement of an essential public facility or utility in the setback area if he or she determines that the line
or improvement must traverse the setback area because no feasible alternative location exists based on an
analysis of technology and system efficiency. The specific location and extent of the intrusion into the
setback area must constitute the minimum necessary encroachment to meet the requirements of the public
facility or utility.
(4) Other intrusions.
a. Where the properties immediately abutting the subject property have dwelling units which
extend into the setback area, the applicant may construct a dwelling unit on the subject property that
extends into this setback area to the extent permitted in subsection (4)(b) of this section.
b. Where subsection (4)(a) of this section applies, the dwelling unit on the subject property may
be no closer to the ordinary high water mark of the regulated lake than the average of the distance of the
two dwelling units on the properties immediately abutting the subject property. If one of the properties
immediately abutting the subject property does not contain a dwelling unit or the dwelling unit on that
abutting property is more than 25 feet from the ordinary high water mark of the regulated lake, the
setback of the dwelling unit 'on that lot will be presumed to be 25 feet for the purposes of calculating the
permissible location for the dwelling unit on the subject property under this section.
(5) Revegetation. The applicant shall stabilize all areas left exposed after land surface modification
with appropriate vegetation. (Ord. No. 90-43, 92(80.130),2-27-90; Ord. No. 90-79, S 5,12-18-90; Ord. No. 91-
105,94(80.130),8-20-91; Ord. No. 91-123, 9 3(80.130),12-17-91; Ord. No. 99-353, 9 3,11-16-99; Ord. No. 04-
468,93,11-16-04)
Exhibit 10, FWCC Chapter 22, Article XIV, Critical Areas Page 1]
22-1335 Rehabilitation.
The director of community development may permit or require the applicant to rehabilitate or maintain
a regulated lake by requiring the removal of detrimental materials such as debris, sediment and
inappropriate vegetation and by requiring the planting of native vegetation. These actions may be
permitted or required at any time that a condition detrimental to water quality or habitat exists. (Ord. No.
90-43,92(80.]35),2-27-90; Ord. No. 91-]05, 94(80.]35),8-20-91; Ord. No. 91-123, 93(80.135),12-17-91; Ord.
No. 04-468, S 3,11-16-04)
22-1336 Bulkheads.
(a) General. A bulkhead is permitted within or adjacent to a regulated lake subject to the provisions of
this section.
(b) Required permit. The city will review and decide upon an application under this section using
process III.
(c) Criteria. The city may permit a bulkhead to be constructed only if:
(1) The bulkhead is needed to prevent significant erosion.
(2) The use of vegetation will not sufficiently stabilize the shoreline to prevent the significant erosion.
(d) Design features. A bulkhead may not be located between a regulated lake and a wetland. Changes
in the horizontal or vertical configuration of the land must be kept to a minimum. The bulkhead must be
designed to minimize the transmittal of wave energy to other properties. (Ord. No. 90-43, 9 2(80.140), 2-27-
90; Ord. No. 91-105, 9 4(80.140), 8-20-91; Ord. No. 91-123, 93(80.140),12-17-91; Ord. No. 99-353, 93,11-16-99;
Ord. No. 04-468, 9 3, 11-16-04)
22-1337 - 22-1355 Reserved.
Division 7. Regulated Wetlands
22-1356 Determination of wetland and regulated wetland.
(a) Generally. This section contains procedures and criteria for determining whether an area is defined
as a regulated wetland under this chapter.
(b) Evaluation. If the city determines that a wetland may exist on or within 200 feet of the subject
property, the director of community development shall require the applicant to submit a wetland report,
prepared by a qualified professional approved by the city, that includes the information set forth in
subsections (b)(l) through (b)(7) and (c) of this section. The director of community development shall use
the information required by subsections (b)(1) and (b )(2) to determine if the area is a regulated wetland
and, if so, shall use the information required by subsections (b)(3) through (b)(7) and (c) to determine the
category and the precise boundaries of that regulated wetland.
(1) An evaluation of whether the area in question is a regulated wetland, based on the definition of
"regulated wetland" in FWCC 22-1.
(2) An overview of the methodology used to conduct the study.
(3) A description of the wetland and plant communities found therein, a map delineating the edge of
the wetland and location of plant communities, and a detailed description of the method used to identify
the wetland edge.
(4) The wetland classification, according to the U.S. Fish and Wildlife Service "Classification of
Wetlands and Deep Water Habitats in the U.S."
(5) A list of observed plant and wildlife species, using both scientific and common names, and a
description of their relative abundance.
(6) A list of potential plant or animal species based on signs or other observation.
Exhibit 10, FWCC Chapter 22, Article XIV, Critical Areas Page 12
(7) An evaluation and assessment of the existing or potential functions and values of the wetland
based on the following factors: surface water control; wildlife habitat; pollution and erosion control;
groundwater exchange; open space and recreation; and educational and cultural opportunities.
(c) Drainage facilities. Surface water ponds, drainage ditches, and other such facilities which were
designed to impound or convey water for an engineered purpose are not considered regulated wetlands
under this article provided they meet all of the following criteria:
(1) The drainage facility must have been intentionally human created. This is to differentiate from
those wetland sites that are accidental consequences of development actions, such as road construction or
culvert placement. Such sites may be considered regulated wetlands by the director upon a review, under
subsection (b )(7) of this section, of the ecological functions and values of the site.
(2) The drainage facility must have been originally constructed on uplands (nonwetland areas). If the
drainage facility is located within a straightened, channelized, or otherwise disturbed natural watercourse,
it may be considered a regulated wetland by the director upon a review, under subsection (b)(7) of this
section, of the ecological functions and values of the site.
(3) The facility must be actively operated as a surface water drainage facility. Abandoned drainage
facilities may be considered regulated wetlands by the director upon a review, under subsection (b)(7) of
this section, of the ecological functions and values of the site.
(4) Wetland conditions have not expanded beyond the originally constructed drainage facility
boundary. In such a case the expanded area may be considered a regulated wetland by the director upon
review, under subsection (b )(7) of this section, of the ecological functions and values of the site.
(5) The drainage facility was not designed or constructed as a requirement to mitigate previous
wetland impacts.
(6) The director finds that limited ecological functions and values do not warrant application of the
city's wetland regulations. (Ord. No. 90-43, 9 2(80.145),2-27-90; Ord. No. 91-105, 94(80.145),8-20-91; Ord.
No. 91-123, S 3(80.145),12-17-91; Ord. No. 99-353,93,11-16-99; Ord. No. 04-468, 9 3,11-16-04)
22-1357 Wetland categories and standard buffers.
(a) Regulated wetlands are classified into the following categories:
(1) Category I wetlands meet one of the following criteria:
a. Contain the presence of species or documented habitat recognized by state or federal agencies
as endangered, threatened or potentially extirpated plant, fish or animal species; or
b. Contain the presence of plant associations of infrequent occurrence, irreplaceable ecological
functions, or exceptional local significance including but not limited to estuarine systems, peat bogs and
fens, mature forested wetlands, groundwater exchange areas, significant habitat or unique educational
sites; or
c. Have three or more wetland classes, one of which is open water..
(2) Category II wetlands are greater than 2,500 square feet in area, do not exhibit the characteristics of
Category I wetlands, and meet one of the following criteria:
a. Are contiguous with water bodies or tributaries to water bodies which under normal
circumstances contain or support a fish population, including streams where flow is intermittent; or
b. Are greater than one acre in size in its entirety; or
c. Are less than or equal to one acre in size in its entirety and have two or more wetland classes,
with neither class dominated by non-native invasive species.
, (3)Category III wetlands are greater than 2,500 square feet in area and do not exhibit those
characteristics of Category I or II wetlands.
(b) Standard buffer widths for regulated wetlands are established as follows:
(1) Category I wetlands shall have a standard buffer width of 200 feet.
(2) Category II wetlands shall have a standard buffer width of 100 feet.
Exhibit 10, FWCC Chapter 22, Article XIV, Critical Areas Page 13
(3) Category III wetlands shall have a standard buffer width of 50 feet for wetlands that are greater
than 10,000 square feet in area, and shall have a standard buffer width of 25 feet for wetlands that are
between 2,500 to 10,000 square feet in area. (Ord. No. 90-43, 9 2(80.150), 2-27-90; Ord. No. 91-105, 9
4(80.150),8-20-91; Ord. No. 91-123, 9 3(80.150),12-17-91; Ord. No. 99-353, 9 3,11-16-99; Ord. No. 04-468,93,
11-16-04)
22-1358 Structures, improvements and land surface modifications within regulated wetlands.
(a) Generally. No land surface modification may take place and no structure or improvement may be
located in a regulated wetland except as provided in this section.
(b) Public park. The city may allow pedestrian access through a regulated wetland in conjunction with
a public park. The access, if approved, must be designed to the maximum extent feasible to protect the
wetland from any adverse effects or impacts of the access and to limit the access to the defined access
area.
(c) Rehabilitation. The director of community development may permit or require an applicant to
rehabilitate and maintain a regulated wetland by removing detrimental material such as debris and
inappropriate vegetation and by requiring that native vegetation be planted. These actions may be
required at any time that a condition detrimental to water quality or habitat exists.
(d) Modification. Other than as specified in subsections (b) and (c) of this section, the city may
approve any request to locate an improvement or engage in land surface modification within a regulated
wetland using process IV. The specific location and extent of the intrusion into the regulated wetland
must constitute the minimum necessary encroachment. Approval of a request for improvements or land
surface modification within a regulated wetland through process IV shall be based on the following
criteria:
(1) It will not adversely affect water quality.
(2) lt will not adversely affect the existing quality of the wetland's or buffer's wildlife habitat.
(3) It will not adversely affect drainage or stormwater retention capabilities.
(4) It will not lead to unstable earth conditions not create erosion hazards.
(5) It will not be materially detrimental to any other property in the area of the subject property nor to
the city as a whole, including the loss of open space.
(6) It will result in no net loss of wetland area, function or value.
(7) The project is in the best interest ofthe public health, safety or welfare.
(8) The applicant has demonstrated sufficient scientific expertise and supervisory capability to carry
out the project.
(9) The applicant is committed to monitoring the project and to making corrections if the project fails
to meet projected goals.
(e) Required information. As part of any request under this section, the applicant shall submit a report,
prepared by a qualified professional approved by the city, that includes the following information:
(1) Mitigation plan. A mitigation plan shall include the following elements:
a. Environmental goals and objectives.
b. Performance standards.
c. Detailed construction plans.
d. Timing.
e. Monitoring program for a minimum of five years.
f. Contingency plan.
g. Subject to the applicant's election of timing alternatives provided in subsection (e)(4) of this
section, a performance and maintenance bond in an amount of 120 percent of the costs of implementing
the mitigation plan or the contingency plan, whichever is greater.
(2) Mitigation. Mitigation of wetland impacts shall be restricted to restoration, creation or
enhancement, within the same basin, of in-kind wetland type which results in no net loss of wetland area,
Exhibit 10, FWCC Chapter 22, Article XIV, Critical Areas Page 14
function or value. Where feasible, mitigation measures shall be designed to improve the functions and
values of the impacted wetland.
(3) Minimum acreage mitigation ratio. The following are ratios for providing restoration, creation or
enhancement of impacted wetland areas. The first number of the ratio specifies the acreage of wetland
requiring restoration, creation or replacement and the second specifies the acreage of wetlands impacted.
Wetland Category Creation and Enhancement
Restoration
Category 1 6:1 12: 1
(all types)
Category 1I:
Forested 3:1 6: 1
Scrub/Shrub 2:1 4:1
Emergent 2:1 4:1
Category III:
Forested 2:1 4:1
Scrub/Shrub 1.5:1 3:1
Emergent 1.25: 1 2.5:1
The director may permit or require the above replacement ratios to be increased or decreased based on
the following criteria:
a. Probable success of the proposed mitigation.
b. Projected losses in function or value.
c. Findings of special studies coordinated with agencies with expertise which demonstrate that no
net loss of wetland function or value is attained under an alternative ratio.
d. In no case shall the minimum acreage replacement ratio be less than 1.25: 1.
(4) Timing. All required wetland mitigation improvements, including monitoring, shall be completed
and accepted by the director of community development prior to beginning activities that will disturb
regulated wetlands, or the applicant shall provide the performance and maintenance bond specified in
subsection (e)(1)(g) of this section. In either event, the applicant may not take any action that disturbs a
regulated wetland or its buffer until the director has reviewed and approved the mitigation plan. All
wetland- or buffer-disturbing activities, and all mitigation, shall be timed to reduce impacts to existing
plants and animals.
(5) Inspections. The applicant shall pay for services of a qualified professional selected and retained
by the city to review the wetland mitigation report and other relevant information, conduct periodic
inspections, issue a written report to the director of community development stating that the project
complies with requirements of the mitigation plan, and to conduct and report to the director on the status
of the monitoring program. (Ord. No. 90-43, 92(80.155),2-27-90; Ord. No. 90-79, 96,12-18-90; Ord. No. 91-
105,94(80.]55),8-20-91; Ord. No. 91-123,93(80.155),12-17-91; Ord. No. 99-353, 9 3,11-16-99; Ord. No. 04-
468,93,11-16-04)
22-1359 Structures, improvements and land surface modification within regulated wetland buffers.
(a) Generally. Except as allowed in this'section, no land surface modification may take place and no
structure or improvement may be located within a regulated wetland buffer.
(b) Buffer averaging. Buffers may be averaged only when the wetland or the buffer which is proposed
to be reduced contains habitat types which have been so permanently impacted that reduced buffers do
not pose a detriment to the existing or expected habitat functions. Through process III, the applicant must
Exhibit 10, FWCC Chapter 22, Article XIV, Critical Areas Page 15
demonstrate to the satisfaction of the director of community development that the proposed buffer
averaging will meet all of the following criteria:
(1) Reduced buffers will not affect the water quality entering a wetland or stream;
(2) Reduced buffers will not adversely affect the existing quality of wildlife habitat within the
wetland or the buffer;
(3) Reduced buffers will not result in unstable earth conditions nor create erosion hazards; and
(4) Reduced buffers will not be detrimental to any other public or private properties, including the
loss of open space.
At no point shall the buffer width be reduced to less than 50 percent of the required standard buffer
width, unless the buffer, in existing conditions, has already been permanently eliminated by previous,
legally permitted actions. The total area contained within the buffer after averaging shall be equal to the
area required for standard buffer dimensions.
(c) Essential public facilities, public utilities and other public improvements. The director of
community development may permit the placement of an essential public facility, public utility or other
public improvements in a regulated wetland buffer if he or she determines that the line or improvement
must traverse the buffer because no feasible or alternative location exists based on an analysis of
technology and system efficiency. The specific location and extent of the intrusion into the buffer must
constitute the minimum necessary encroachment to meet the requirements of the public facility or utility.
(d) Minor improvements. Minor improvements such as footbridges, walkways and benches may be
located within the buffer from a regulated wetland if approved through process III, based on the following
criteria:
(1) It will not adversely affect water quality;
. (2) It will not adversely affect the existing quality of the wetland's or buffer's wildlife habitat;
(3) It will not adversely affect drainage or stormwater retention capabilities;
(4) It will not lead to unstable earth conditions nor create erosion hazards; 'and
(5) It will not be materially detrimental to any other property in the area of the subject property nor to
the city as a whole.
(e) Buffer reduction. Through process III, the director of community development may reduce the
standard wetland buffer width by up to 50 percent, but in no case to less than 25 feet, on a case-by-case
basis, if the project includes a buffer enhancement plan which utilizes appropriate native vegetation and
clearly substantiates that an enhanced buffer will improve and provide additional protection of wetland
functions and values, and where one of the following conditions can be demonstrated:
(1) Existing conditions are such that the required .standard buffer exists in a permanently altered state
(e.g., roadways, paved parking lots, permanent structures, etc.) which does not provide any buffer
function, then the buffer can be reduced for that portion where the intrusions are existing.
(2) Except for Category I wetlands, existing conditions are such that the wetland has been
permanently impacted by adjacent development activities, as evidenced by such things as persistent
human alterations or the dominance of non-native invasive species.
(3) A project on an existing single-family lot platted prior to the incorporation of the city, where
imposition of the standard buffer would preclude reasonable use of the lot.
The director shall have the authority to determine if buffer averaging is warranted on the subject
property and, if so, may require additional buffer area on other portions of the perimeter of the sensitive
area.
(f) Modification. Other than as specified in subsections (b) and (c) of this section, the city may approve
any request to locate an improvement or engage in land surface modification within the buffer from a
regulated wetland through process IV, based on the following criteria:
(1) It will not adversely affect water quality;
(2) It will not adversely affect the existing quality ofthe wetland's or buffer's wildlife habitat;
(3) It will not adversely affect drainage or stormwater retention capabilities;
Exhibit 10, FWCC Chapter 22, Article XIV, Critical Areas Page 16
(4) It will not lead to unstable earth conditions nor create erosion hazards; and
(5) It will not be materially detrimental to any other property in the area of the subject property nor to
the city as a whole, including the loss of open space.
Any modification under this subsection shall not reduce the standard buffer by more than 50 percent,
and in no case shall the remaining buffer be less than 25 feet. The city may require, as a condition to any
modification granted under this subsection, preparation and implementation of a wetland buffer
enhancement plan to protect wetland and buffer functions and values.
(g) Revegetation. The applicant shall stabilize all areas left exposed after land surface modification
with native vegetation normally associated with the buffer.
(h) Buffer increases. The director shall require increased environmentally sensitive area buffer widths
on a case-by-case basis when the director determines that a larger buffer is necessary to protect
environmentally sensitive area functions, values or hazards based on site-specific conditions. This
determination shall be supported by appropriate documentation showing that additional buffer width is
reasonably related to protection of environmentally sensitive area functions and values, or protection of
public health, safety and welfare. Such determination shall be attached as permit conditions. The
determination shall demonstrate that at least one of the following factors are met:
(1) There is habitat for species listed as threatened or endangered by state or federal agencies present
within the sensitive area and/or its buffer, and additional buffer is necessary to maintain viable functional
habitat;
(2) There are conditions or features adjacent to the buffer, such as steep slopes or erosion hazard
areas, which over time may pose an additional threat 1.0 the viability of the buffer and/or the sensitive
area. In such circumstances the city may choose to impose those buffers, if any, associated with the
condition or feature posing the threat in addition to, or to a maximum, beyond the buffer required for the
subject sensitive area. (Ord. No. 90-43, S 2(80.160),2-27-90; Ord. No. 90-79, 9 7, 12-18-90; Ord. No. 91-105,9
4(80.160),8-20-91; Ord. No. 91-123, 9 3(80.160), 12-17-91; Ord. No. 99-353, 9 3, 11-16-99; Ord. No. 04-468, 9 3,
11-16-04)
22-1360 - 22-1368 Reserved.
Division 8. Regulated Wellheads
22-1369 Criteria.
Any well constructed after March 1, 1990, must comply with the siting criteria of Chapter 173-160
WAC. Any improvement or use on the subject property erected or engaged in after March 1, 1990, must
comply with the requirements in Chapter 173-160 WAC regarding separation of wells from sources of
pollution. (Ord. No. 90-43, 9 2(80.70), 2-27-90; Ord. No. 04-468, 93, 11-16-04)
Division 9. Critical Aquifer Recharge Areas and Wellhead Protection Areas
22-1370 Limitations.
This division regulates any development activity, or division of land which requires review under
Chapter 18 FWCC, Environmental Protection, and which is located within designated wellhead capture
zones. Wellhead Capture Zones 1, 2, and 3 are designated as critical aquifer recharge areas under the
provisions of the Growth Management Act (Chapter 36.70A RCW) and are established based on
proximity to and travel time of groundwater to the city's public water source wells. This division shall not
apply to projects that have received a letter of completeness prior to the effective date of the amendments.
(Ord. No. 04-468,93, 11-16-04)
Exhibit 10, FWCC Chapter 22, Article XIV, Critical Areas Page 17
22-1371 Classification of wellhead capture zones.
The Lakehaven Utility District (LUD) has designated three wellhead capture zones based on proximity
to and travel time of groundwater to the city's public water source wells.
(1) Wellhead Capture Zone 1 represents the land area overlaying the one-year time-of-travel zone of
any public water source well owned by LUD.
(2) Wellhead Capture Zone 2 represents the land area overlaying the five-year time-of-travel zone of
any public water source well owned by LUD, excluding the land area contained in Wellhead Capture
Zone 1.
(3) Wellhead Capture Zone 3 represents the land area overlaying the 10-year time-of-travel zone of
any public water source well owned by LUD, excluding the land area contained in Wellhead Capture
Zones 1 or 2. (Ord. No. 04-468, 9 3, 11-16-04)
22-1372 General requirements.
(a) Activities may only be permitted in a critical aquifer recharge area and wellhead protection area if
the applicant can show that the proposed activity will not cause contaminants to enter the aquifer.
(b) The city shall impose development conditions to prevent degradation of the critical aquifer recharge
and wellhead protection areas. All conditions to permits shall be based on known, available, and '
reasonable methods of prevention, control and treatment (AKART).
(c) The proposed activity must comply with the water source protection requirements and
recommendations of the Federal Environmental Protection Agency, State Department of Ecology; State
Department of Health, and the King County health department.
(d) The proposed activity must be designed and constructed in accordance with the King County
Surface Water Design Manual (KcSWDM), the Federal Way Addendum to the KcSWDM, and the King
County Stormwater Pollution Control Manual (BMP manual). (Ord. No. 04-468, 9 3, 11-16-04)
22-1373 Prohibited activities in Wellhead Capture Zone 1.
(a) Land uses or activities for development that pose a significant hazard to the city's groundwater
resources resulting from storing, handling, treating, using, producing, recycling, or disposing of
hazardous materials or other deleterious substances shall be prohibited in Wellhead Capture Zone 1,
except as specified in FWCC 22-340. These land uses and activities include, but are not limited to:
(1) On-site community sewage disposal systems as defined in Chapter 248-272 WAC;
(2) Hazardous liquid pipelines as defined in Chapter 81.88 RCW;
(3) Solid waste landfills;
(4) Solid waste transfer stations;
(5) Liquid petroleum refining, reprocessing, and storage;
(6) The storage or distribution of gasoline treated with the additive MTBE;
(7) Hazardous waste treatment, storage, and disposal facilities (except those defined under permit by
rule for industrial wastewater treatment processes per WAC 173-303-802(5)(c));
(8) Chemical manufacturing, including but not limited to organic and inorganic chemicals, plastics
and resins, pharmaceuticals, cleaning compounds, paints and lacquers, and agricultural chemicals;
(9) Dry cleaning establishments using the solvent perchloroethylene;
(10) Primary and secondary metal industries that manufacture, produce, smelt, or refine ferrous and
nonferrous metals from molten materials;
(11) Wood treatment facilities, including wood preserving and wood products preserving;
(12) Mobile fleet fueling operations;
(13) Mining (metal, sand, and gravel); and
(14) Other land uses and activities that the city determines would pose a significant groundwater
hazard to the city's groundwater supply.
Exhibit] 0, FWCC Chapter 22, Article XIV, Critical Areas Page 18
(b) The uses listed in FWCC 22-1379(1) represent the state of present knowledge and most common
description of said uses. As other polluting uses are discovered, or other terms of description become
necessary, they will be added to the list of uses prohibited within this zone. (Ord. No. 04-468, S 3, 11-16-04)
22-1374 Regulation of facilities handling and storing hazardous materials.
(a) Any development activity or division of land which requires review under Chapter 18 FWCC,
Environmental Protection, located in critical aquifer recharge areas (Wellhead Capture Zones 1, 2, and 3)
shall submit a hazardous materials inventory statement with a development permit application. Ongoing
operation and maintenance activities of public wells by public water providers are exempt from these
requirements.
(b) The development review committee will review the hazardous materials inventory statement along
with the land use application, to determine whether hazardous materials meeting the definition of FWCc
22-1 will be used, stored, transported or disposed of in connection with the proposed activity. The
development review committee shall make the following determination:
(1) No hazardous materials are involved.
(2) Hazardous materials are involved; however, existing laws or regulations adequately mitigate any
potential impact, and documentation is provided to demonstrate compliance.
(3) Hazardous materials are involved and the proposal has the potential to significantly impact critical
aquifer recharge areas and wellhead capture zones; however, sufficient information is not available to
evaluate the potential impact of contamination. The city may require a hydrogeologic critical area
assessment report to be prepared by a qualified groundwater scientist in order to determine the potential
impacts of contamination on the aquifer. The report shall include the following site- and proposal-related
information, at a minimum:
a. Information regarding geologic and hydrogeologic characteristics of the site, including the
surface location of the wellhead capture zone in which it is located and the type of infiltration of the site.
b. Groundwater depth, flow direction, and gradient.
c. Location of other critical areas, including surface waters, within 200 feet of the site.
d. Best management practices (BMPs) and integrated pest management (IPM) proposed to be
used, including:
1. Predictive evaluation of groundwater withdrawal effects on nearby wells and surface water
features;
2. Predictive evaluation of contaminant transport based on potential releases to groundwater;
and
3. Predictive evaluation of changes in the infiltration/recharge rate.
(c) A spill containment and response plan may be required to identify equipment and/or structtlfes that
could fail, and shall include provisions for inspection as required by the applicable state regulations.
(d) A groundwater monitoring plan may be required to monitor quality and quantity of groundwater,
surface water runoff, and/or site soils. The city may require the owner of a facility to install one or more
groundwater monitoring wells to accommodate the required groundwater monitoring. Criteria used to
determine the need for site monitoring shall include, but not be limited to, the proximity of the facility to
production or monitoring wells, the type and quantity of hazardous materials on-site, and whether or not
the hazardous materials are stored in underground vessels.
(e) The city may employ an outside consultant at the applicant's expense for third-party review of the
hydrogeologic critical area assessment report, the spill containment and response plan, and the
groundwater monitoring plan. (Ord. No. 04-468, 9 3, 11-16-04)
22-1375 Performance standards.
(a) Any new or existing use applying for a development permit, or subdivision approval which requires
review under Chapter 18 FWCC, Environmental Protection, within Wellhead Capture Zone 1, which
Exhibit 10, FWCC Chapter 22, Article XIV, Critical Areas Page 19
involves storing, handling, treating, using, producing, recycling, or disposing of hazardous materials or
other deleterious substances meeting the definition of FWCC 22-1 shall comply with the following
standards:
(1) Secondary containment.
a. The owner or operator of any facility or activity shall provide secondary containment for
hazardous materials or other deleterious substances in quantities specified in the International Fire Code.
b. Hazardous materials stored in tanks that are subject to regulation by the Washington State
Department of Ecology under Chapter 173-360 WAC (Underground Storage Tank Regulations) are
exempt from the secondary containment requirements of this section; provided, that documentation is
provided to demonstrate compliance with those regulations.
(2) Design and construction of new stormwater infiltration systems must address site-specific risks of
releases posed by all hazardous materials on-site. These risks may be mitigated by physical design means,
or equivalent best management practices, in accordance with an approved hazardous materials
management plan. Design and construction of said stormwater infiltration systems shall also be in
accordance with the KCSWDM, as amended by the city of Federal Way, and shall be certified for
compliance with the requirements of this section by a professional engineer or engineering geologist
registered in the state of Washington.
(3) The following standards shall apply to construction activities occurring where construction
vehicles will be refueled on-site, and/or hazardous materials meeting the definition of FWCC 22-1 will be
stored, dispensed, used, or handled on the construction site. As part of the city's project permitting
process, the city may require any or all of the following items:
a. Detailed monitoring and construction standards;
. b. Designation of a person on-site during operating hours who is responsible for supervising the
use, storage, and handling of hazardous materials, and who has appropriate knowledge and training to
take mitigating actions necessary in the event of a fire or spill;
c. Hazardous material storage, dispensing, refueling areas, and use and handling areas shall be
provided with secondary containment adequate to contain the maximum release from the largest volume
container of hazardous materials stored at the construction site;
d. Practices and procedures to ensure that hazardous materials left on-site when the site is
unsupervised are inaccessible to the public. Locked storage sheds, locked fencing, locked fuel tanks on
construction vehicles, or other techniques may be used to preclude access;
e. Practices and procedures to ensure that construction vehicles and stationary equipment that are
found to be leaking fuel, hydraulic fluid, and/or other hazardous materials will be removed immediately,
or repaired on-site immediately. The vehicle or equipment may be repaired in place, provided the leakag~
is completely contained;
f. Practices and procedures to ensure that storage and dispensing of flammable and combustible
liquids from tanks, containers, and tank trucks into the fuel and fluid reservoirs of construction vehicles or
stationary equipment on the construction site are in accordance with the International Fire Code; and
g. Practices and procedures, and/or on-site materials adequate to ensure the immediate
containment and cleanup of any release of hazardous substances stored at the construction site. On-site
cleanup materials may suffice for smaller spills, whereas cleanup of larger spills may require a
subcontract with a qualified cleanup contractor. Releases shall immediately be contained, cleaned up, and
reported if required according to state requirements.
(b) Any development activity, or division of land which requires review under Chapter 18 FWCC,
Environmental Protection, within all wellhead capture zones (1, 2, and 3), which involve storing,
handling, treating, using, producing, recycling, or disposing of hazardous materials, or other deleterious
substances, meeting the definition of FWCC 22-1 shall comply with the following standards:
(1) Fleet and automotive service station fueling, equipment maintenance, and vehicle washing areas
shall have a containment system for collecting and treating all runoff from such areas and preventing
Exhibit 10, FWCC Chapter 22, Article XIV, Critical Areas Page 20
~~.~ ~ -- -~- --~~--
release of fuels, oils, lubricants, and other automotive fluids into the soil, surface water, or groundwater.
Appropriate emergency response equipment shall be kept on-site during the transfer, handling, treatment,
use, production, recycling, or disposal of hazardous materials or other deleterious substances.
(2) Secondary containment or equivalent best management practices, as approved by the director of
community development services, shall be required at loading and unloading areas that store, handle,
treat, use, produce, recycle, or dispose of hazardous materials, or other deleterious substances, meeting
the definition of FWCC 22-1.
(3) Fill material shall not contain concentration of contaminants that exceed cleanup standards for soil
as specified in the Model Toxics Control Act (MTCA). An imported fill source statement is required for
all projects where more than 100 cubic yards of fill will be imported to a site. The city may require
analytical results to demonstrate that fill materials do not exceed cleanup standards. The imported fill
source statement shall include:
a. Source location of imported fill;
b. Previous land uses of the source location; and
c. Whether or not fill to be imported is native, undisturbed soil.
(4) All development or redevelopment shall implement best management practices (BMPs) for water
quality and quantity, as approved by the director of community development services. Such practices
include biofiltration swales and use of oil-water separators, BMPs appropriate to the particular use
proposed, cluster development, and limited impervious surfaces. (Ord. No. 04-468, S 3,11-16-04)
22-1375.1 Use of pesticides, herbicides, and fertilizers in critical aquifer recharge areas and
wellhead protection areas.
Proposed developments with maintained landscaped areas greater than 10,000 square feet in area
which require review under Chapter 18 FWCC, Environmental Protection, shall prepare an operations and
management manual using best management practices (BMPs) and integrated pest management (IPM) for
fertilizer and pesticide/herbicide applications. The BMPs shall include recommendations on the quantity,
timing, and type of fertilizers applied to lawns and gardens to protect groundwater quality. (Ord. No. 04-
468,93, 11-16-04)
1:\2006 Code Amendments\Small Lot and Zero Lot Line Amendments\Planning Commission\Exhibit 10 Critical Areas,doc
Exhibit 10, FWCC Chapter 22, Article XIV, Critical Areas Page 21
Exhibit 11
Federal Way City Code (FWCC)
Chapter 22. Zoning.
Article XV. Off-Street Parking
Sections:
Division 1. Generally
22-1376 Exception in the city center CC zone.
22-1377 Number of spaces - Minimum.
22-1378 Number of spaces - Not specified in use zones.
22-1379 Number of spaces - Fractions.
22-1380 Bonds.
22-1381 - 22-1395 Reserved.
Division 2. Modifications
22-1396 Generally.
22-1397 Authority to grant.
22-1398 Criteria.
22-1399 Parking area requirements.
22-1400 Landscape requirements.
22-1401 Curb and sidewalk requirements.
22-1402 Repealed.
22-1403 Surface material.
22-1404 - 22-1420 Reserved.
Division 3. Location of Parking Areas
22-1421 Generally.
22-1422 Shared facilities.
22-1423 Adjoining low density zones.
22-1424 Required setback yards.
22-1425 Structured parking in the city center core and frame.
22-1426 - 22-1440 Reserved.
Division 4. Parking Area Design
22-1441 Generally.
22-1442 Compact car spaces.
22-1443 Barrier free access.
22-1444 - 22-1450 Reserved.
22-1451 Traffic control devices.
22-1452 Backing onto street prohibited.
22-1453 Surface materials.
22-1454 Streets used in circulation pattern prohibited.
22-1455 - 22-1470 Reserved.
Exhibit 11, FWCC Chapter 22, Article XV, Off Street Parking Page I
Division 1. Generally
22-1376 Exception in the city center CC zone.
If any provisions of this article (other than FWCC 22-1377) conflict with the provisions of FWCC 22-
791 et seq. regarding properties in the city center (CC) zone, the provisions of FWCC 22-791 et seq. will
be followed. In the event of a oonflict, all provisions of this article that do not conflict with FWCC 22-791
et seq. apply to properties in the CC zone. (Ord. No. 90-43, 9 2(105.10), 2-27-90; Ord. No. 97-296, 93,6-17-
97)
22-1377 Number of spaces - Minimum.
(a) Generally. Except as provided in subsection (c) of this section, the number of parking spaces
required by FWCC 22-596 through 22-871 for any particular use is the minimum number of parking
spaces required for that use, and the applicant shall provide at least that number of spaces.
(b) Guest parking for residential uses. For residential uses, the city may require guest parking spaces in
excess of the required parking spaces, if there is inadequate guest parking on the subject property.
(c) Exceptions. The number of parking spaces required by this Code for a particular use may be
reduced only when the use for which the parking is required:
(1) Provides shared parking in accordance with FWCC 22-1422;
(2) Is located in the CC-C or CC-F zones and is accompanied by a traffic demand management plan
which, as a condition of project approval, the applicant shall implement. In such an instance, the director
may approve reduction of the required number of parking spaces by up to 20 percent. Transportation
demand management options which can be considered by the director include, but are not limited to, the
following:
a. Private vanpool operation;
b. Transit/vanpool fare subsidy;
c. Preferential parking for carpools/vanpools;
d. Flexible work-hour schedule;
e. Participation in a ride-matching program; or
f. Bicycle parking facilities;
(3) Is located in the CC-C or CC-F zones, is adjacent to a public street right-of-way classified to allow
on-street parking and the applicant makes a one-time contribution to a city fund established strictly to
fund development of a on-street parking. The amount of the contribution will be based on a per stall cost
established by the city, and the required number of stalls may be reduced on a one for one basis according
to the amount of the contribution paid; ,
(4) Provides a parking study in accordance with FWCC 22-1398(2). (Ord. No. 90-43,92(105.15),2-27-
90; Ord. No. 97-296, 93,6-17-97)
22-1378 Number of spaces - Not specified in use zones.
If this chapter does not specify a parking space requirement for a particular use in a particular zone, the
director of community development shall determine a parking requirement on a case-by-case basis. The
director of community development shall base this determination on the actual parking demand on
existing uses similar to the proposed use. (Ord. No. 90-43, 92(105.20),2-27-90; Ord. No. 97-296, 9 3, 6-17-97)
22-1379 Number of spaces - Fractions.
If the formula for determining the minimum and maximum number of parking spaces results in a
fraction, that fraction will be rounded up to the next higher whole number. (Ord. No. 90-43, 92 (105.25), 2-
27-90; Ord. No. 97-296, 93,6-17-97)
Exhibit II, FWCC Chapter 22, Article XV, Off Street Parking Page 2
22-1380 Bonds.
The city may require or permit a bond under FWCC 22-146 et seq. to ensure compliance with any of
the requirements of this article. (Ord. No. 90-43, 9 2(105.120),2-27-90; Ord. No. 97-296, 9 3, 6-17-97)
22-1381 - 22-1395 Reserved.
Division 2. Modifications
22-1396 Generally.
The provisions of this division establish the circumstances and procedure under which the
requirements of this article may be modified, either at the request of the appellant or at the initiation of the
city. (Ord. No. 90-43,92(105.115(1)),2-27-90; Ord. No, 97-296, 93,6-17-97)
22-1397 Authority to grant.
(a) If the proposed development or use of or on the subject property requires approval through process
I, II, III, or IV any proposed modification will be considered as part of that process using the criteria of
this division.
(b) If subsection (a) of this section does not apply, the director of community development may grant
or require a modification in wri'ting under the provisions of this section. The decision of the director to
require, grant or deny a modification under this division may be appealed using the appeal procedures of
process III. (Ord. No. 90-43, S 2(105.115(2)(a), (b)), 2-27-90; Ord. No. 97-291, 9 3,4-1-97; Ord. No. 97-296, 9 3,
6-17-97)
22-1398 Criteria.
The city may grant or require a modification to the provisions of this article if the city determines,
based on the submitted plans and/or other information that the following criteria have been met for
modifications to the applicable sections:
(1) The parking area design provisions ofPWCC 22-1441(b) and 22-1452 may be modified if:
a. The modification will not create any vehicular or pedestrian safety problems;
b. The modifications will not affect the ability to provide any property with police, fire,
emergency medical and other essential services; and
c. One of the following requirements is met:
1. The modification is necessary because of a pre-existing physical condition; or
2. The modification will produce a site design superior to that which would result from
adherence to the adopted standard.
(2) A decrease in the required number of parking spaces under FWCC 22-1377 may be permitted if a
thorough parking study documents that a fewer parking spaces will be adequate to fully serve the uses.
(Ord. No. 90-43, 92(105.115(3)),2-27-90; Ord. No. 97-296, 9 3, 6-17-97)
22-1399 Parking area requirements.
The parking area location requirements of FWCC 22-1421 may be modified if:
(1) The proposed parking area will have no adverse impacts on adjacent properties;
(2) It is reasonable to expect that the proposed parking area will be used by the employees, patrons
and others coming to the subject property; and
(3) A safe pedestrian and/or shuttle connection exists, or will be created at the time of occupancy,
between the subject property and the proposed parking area. (Ord. No. 90-43, 9 2(105.115(2)(c)), 2-27-90;
Ord. No. 97-296, S 3,6-17-97)
Exhibit] I, FWCC Chapter 22, Article XV, Off Street Parking Page 3
22 1400 Landscape requirements.
The landscape requirements of FWCC 221111 may be modified if:
(1) The modification".vill produce a landscaping design in the parking area comparable or superior to
that '.vhich would result from adherence to the adopted standard; or
(2) The modification will result in inoreased retention of signifioant natural vegetation. (Ord. No. 90
13, ~ 2(105.115(2)(d)), 227 90; Ord. No. 97296, ~ 3, 6 17 97)
22 1401 Curb and sidewalk requirements.
The curb and side'.valle requirements ofF'.VCc 221115 may be modified if:
(1) The modification will result in superior landscaping and/or inoreased retention of significant
natural vegetation;
(2) The modification '.vill not result in increased hazai'ds for pedestrians or vehicles; and
(3) The modification will not result in inoreased erosion of unpaved areas onto the parking area,
driveway or streets. (Ord. No. 90 13, ~ 2(1 05.1 15(2)(e)), 2 27 90; Ord. No. 97 290, ~ 3, {) 17 97; Ord. No. 06
515, ~ 3,2 7 06)
22 1402 Buffer requirements.
Repealed by Ord. No. 06515. (Ord. No. 9013, ~ 2(105.115(2)(f)), 22790; Ord. No. 97290, ~ 3, {) 1797)
22 140322-1400 Surface material.
The surface material requirements ofFWCC 22-1453, may be modified if:
(1) The surfacing material will not enter into the drainage system, or onto public or other private
property;
(2) The surfacing material will provide a parking surface which is usable on a year-round basis;
(3) Use of the surfacing material will not result in dust or deterioration of air quality; and
(4) Runoff from the parking area will not degrade water quality. (Ord. No, 90-43, 9 2(105.115(2)(g)), 2-
27-90; Ord. No. 97-296,93,6-17-97; Ord. No. 06-515, 93,2-7-06)
22 140422-1401 - 22-1420 Reserved.
Division 3. Location of Parking Areas
22-1421 Generally.
(a) Unless otherwise specified in this chapter or modified in accordance with FWCC 22-1399, the
applicant shall provide the required number of parking spaces either:
(1) On the subject property; or
(2) On a lot adjoining the subject property, if that lot is in a zone that permits the use conducted on
the subject property.
(b) If the parking is located on a lot other than the lot containing the use which generates the parking
space requirements, the owner of the lot containing the parking must sign a covenant or other instrument,
in a form acceptable to the city attorney, requiring that the lot be devoted in whole or in part to required
parking for the use on another lot. The applicant must record this statement with the county to run with all
affected properties. (Ord. No. 90-43, 92(105.30),2-27-90; Ord. No. 97-296, 9 3, 6-17-97)
22-1422 Shared facilities.
(a) Two or more businesses or uses may share parking areas. The number of parking spaces that must
be provided in such a shared areas must be at least 90 percent of parking spaces required by this chapter
for all such businesses or uses that are open or generating parking demands at the same time. The owner
of each lot mllst sign an agreement in a form acceptable to the city attorney, stating that the owner's
Exhibit II , FWCC Chapter 22, Article XV, Off Street Parking Page 4
property is committed to providing parking for the other property. This statement must be recorded with
the King County auditor, at the applicant's expense, and shall run with the properties,
(b) A request for shared parking on properties located in the CC-C and CC-F zones must meet the
following requirements:
(1) The applicant must submit a parking demand study, prepared by a professional traffic engineer,
demonstrating that the peak hours of parking demand for the businesses or uses which propose to share
parking will not substantially conflict.
(2) The shared parking facilities and buildings which they serve shall be connected with pedestrian
facilities improved according to the standards set forth in FWCC 22-1634( d)(2), and no building or use
involved shall be more than 500 feet from the most remote parking facility. The distance between the
parking facility and the building or use which it is to serve shall be measured from the closest portion of
the parking facility to the nearest building entrance that the parking area serves.
(3) Notwithstanding subsection (a) of this section, a business or use located in a CC-C or CC-F zone
and proposing to share parking may reduce the number of required parking spaces, up to a maximum of
20 percent of the number of spaces otherwise required; provided, that the reduction shall not exceed the
number of shared spaces reasonably anticipated to be available to the applicant during the applicant's
peak hours of parking demand.
The provision for a 20 percent maximum parking requirement reduction is suggested as an
administrative guideline only. The planning director shall ultimately determine the size of the parking
reduction, subject to the other requirements of this paragraph.
(4) A written agreement shall be drawn to the satisfaction of the city attorney and executed by all
parties concerned assuring the continued availability of the, number of stalls designed for joint use. (Ord.
~o. 90-43, S 2(105.35),2-27-90; Ord. No. 97-296, 9 3,6-17-97)
22-1423 Adjoining low density zones.
The applicant shall locate a parking area for a use, other than a detached dwelling unit, as far as
possible from any adjoining low density zone or existing permitted low density use single-family zone.
(Ord. No. 90-43, S 2(105.40), 2-27-90; Ord. No. 97-296, 9 3, 6-17-97)
22-1424 Required setback yards.
For regulations on parking areas in required setback yards, see FWCC 22-1135. (Ord. No. 90-43, 9
2(105.45),2-27-90; Ord. No. 97-296, 9 3,6-17-97)
22-1425 Structured parking in the city center core and frame.
The height limit for structures containing stacked, above-ground parking is a maximum of 135 feet for
all uses in the CC-C zone and a maximum of 100 feet in the CC-F zone. (Ord. No. 97-296, 9 3, 6-17-97).
22-1426 - 22-1440 Reserved.
Division 4. Parking Area Design
22-1441 Generally.
(a) The applicant shall design parking areas in accordance with Article XIX, Community Design
Guidelines.
(b) The director of community development is authorized to adopt standards, specifications and
requirements, consistent with the provisions of this chapter, which shall be on file in the city clerk's
office, regarding the design and dimensional requirements of parking areas, driveways and related
improvements. These standards, specifications and requirements shall be followed and have the full force
Exhibit II, FWCC Chapter 22, Article XV, Off Street Parking Page 5
~-
and effect as if they were set forth in this article. (Ord. No. 90-43, 9 2( I 05.50, 105.55), 2-27-90; Ord. No. 96-
270,93(0),7-2-96; Ord. No. 98-330, S 3, 12-15-98)
22-1442 Compact car spaces.
The applicant may develop and designate up to 25 percent of the number of parking spaces for
compact cars.
In the CC-F and CC-C zones, the applicant may designate up to 40 percent of the number of parking
spaces for compact stalls if the parking lot has more than 20 spaces. (Ord. No. 90-43, S 2(105.60), 2-27-90;
Ord. No. 97-296, 9 3,6-17-97; Ord. No. 98-330, S 3,12-15-98)
22-1443 Barrier free access.
The applicant shall design the parking area using standards set forth in state regulations for barrier free
access. (Ord. No. 90-43, 9 2(105.65), 2-27-90; Ord. No. 98-330, 9 3, 12-15-98)
22-1444 - 22-1450 Reserved.
Editor's note - Ord. No. 93-170, S 6, adopted April 20,1993, repealed former SS 22-1444 - 22-1450,
relative to landscape and buffering requirements of parking area designs, which derived from Ord. No.
90-43, S 2(105.70 -105.90), adopted Feb. 27,1990.
22-1451 Traffic control devices.
If the parking area serves a use other than a detached dwelling unit, the applicant shall clearly delineate
parking spaces, traffic directions and entrance and exit ways. The city may require other traffic control
devices necessary to ensure the safe and efficient flow of traffic. All traffic control devices shall conform
with FWCC 22-1476. (Ord. No. 90-43, 9 2(105.95),2-27-90; Ord. No. 98-330,93, 12-15-98)
22-1452 Backing onto street prohibited.
A parking area that serves any use, other than one serving detached dwelling units or dwelling units
developed as zero-lot line townhouse development, must be designed so that traffic need not back onto
any street. (Ord. No. 90-43, 92(105.100),2-27-90; Ord. No; 98-330, 9 3, 12-15-98)
22-1453 Surface materials.
(a) The applicant shall surface the parking areas, driveways and other vehicular circulation areas with a
material comparable or superior to the surface material of the right-of-way providing direct vehicle access
to the parking area.
(b) Single-family residential uses shall surface the first 40 feet of unpaved driveways measured from
the back of the sidewalk or public right-of-way, whichever is greater.
(c) Grass grid pavers may be used for emergency access areas that are not used in required permanent
circulation and parking areas. (Ord. No. 90-43, S 2(105.105), 2-27-90; Ord. No. 98-330, 9 3, 12-15-98)
22-1454 Streets used in circulation pattern prohibited.
A parking lot may not be designed so that a street is used as part of its circulation pattern to get from
one part of the parking lot to another part of the parking lot. (Ord. No. 90-43, S 2( 105.110), 2-27-90)
22-1455 - 22-1470 Reserved.
1:\2006 Code Amendments\Small Lot and Zero Lot Line Amendments\PlanJ:ling Commission\Exhibit II Off Street Parking.doc
Exhibit 11, FWCC Chapter 22, Article XV, Off Street Parking Page 6
- --- ---------.---
Exhibit 12
Federal Way City Code (FWCC)
Chapter 22. Zoning.
Article XVI. Improvements
Sections:
Division 1. Generally
.22-1471 Special regulations in designated areas.
I. 22-1472 Official right-of-way map adopted.
22-1473 When public improvements must be installed.
22-1474 Required public improvements.
22-1475 Additional improvements.
22-1476 Traffic control devices and sigriing.
22-1477 Modifications, deferments and waivers.
22-1478 Bonds.
22-1479 - 22-1495 Reserved.
Division 2. Vehicular Access Easements Improvements
22-1496 When required.
22-1497 Exceptions.
22-1498 Easement or tract to be unobstructed.
22-1499 Setback required.
22-1500 Recording required.
22-1501 - 22-1515 Reserved.
Division 3. Right-of-Way Improvements
22-1516 Construction standards and specifications.
22-1517 Medians.
22-1518 Bicycle facilities.
22-1519 Landscaping.
22-1520 Sidewalks.
22-1521 Utilities.
22-1522 Street lighting.
22-1523 Other standards and necessary improvements.
22-1524 Principal arterial rights-of-way.
22-1525 Minor arterial rights-of-way.
22-1526 Principal collector rights-of-way.
22-1527 Minor collector rights-of-way.
22-1528 Local street rights-of-way.
22-1529 - 22-1540 Reserved.
Exhibit 12, FWCC Chapter 22, Article XVI, Improvements (Street Standards) Page]
Division 4. Access Management
22-1541 Scope.
22-1542 Width of driveways.
22-1543 Separation of intersections and driveways.
22-1544 Modification procedures.
22-1545 - 22-1560 Reserved.
Division 1. Generally
22-1471 Special regulations in designated areas.
If the city council has approved a public improvements master plan or special design guidelines for a
particular area that includes a right-of-way, the master plan or other guidelines will be filed with the city
clerk and will govern the improvements to be provided by developments that abut that right-of-way. (Ord.
No. 90-43, 9 2(110.10), 2-27-90; Ord. No. 98-330, 9 3,12-15-98; Ord. No. 02-414, 9 3, 2-19-02; Ord. No. 02-417, 9
1, 3-19-02)
22-1472 Official right-of-way map adopted.
The public works director shall produce and keep current an official right-of-way classification map
that classifies each of the improved and proposed rights-of-way, other than alleys, based on the
classification standards contained within FWCC 22-1524 and 22-1525 and the objectives of the
comprehensive plan. This right-of-way classification map, as adopted and amended from time to time,
shall have the full force as if its provisions were fully set forth within this chapter. (Ord. No. 90-43, 9
2(110.15),2-27-90; Ord. No. 98-330,93, 12-15-98; Ord. No. 02-414, 9 3, 2-19-02; Ord. No. 02-417,9 1,3-19-02;
Ord. No. 06-515, 9 3,2-7-06)
22-1473 When public improvements must be installed.
(a) The applicant shall provide the improvements required by this article if the applicant engages in any
activity which requires a development permit, except for the following:
(1) The applicant need not comply with the provisions of this article if the proposed improvements in
any 12-month period do not exceed 25 percent of the assessed or appraised value (based on an MAl
appraisal provided by the applicant) of all structures and land combined on the subject property,
whichever is greater, except that if the subject property is equal to or greater than 100,000 square feet in
size, the land value shall not be included in the assessed or appraised value used to determine the 25
percent. If the 25 percent threshold is exceeded, public improvements will be required under S 22-1474 to
the extent they are commensurate with the impacts of the development, as determined by the director.
(2) The applicant need not comply with the provisions of this article if, within the immediately
preceding four years, public improvements were installed as part of any subdivision or discretionary land
use approval under this or any prior zoning code.
(3) The applicant need not comply with the provisions of this article if the proposal is to locate a
personal wireless services facility (PWSF) on the subject property.
(4) The applicant need not comply with the provisions of this article if the proposal is for facade
improvements only. In addition, the cost of improvements required by Article XIX, Community Design
Guidelines, shall not be included in the total cost of improvements measured over a 12-month period
pursuant to subsection (a)(1) of this section.
(5) Tenant improvements, unless the proposed improvements add additional floor area.
(6) If the required improvement is part of a larger project that has been scheduled for construction in
the city's adopted six-year transportation improvement program, the public works director may permit the
applicant to fulfill the applicant's obligation under this section by paying to the city the pro rata share of
Exhibit 12, FWCC Chapter 22, Article XVI, Improvements (Street Standards) Page 2
the costs of the required improvements attributable to the development of the subject property, as
determined by the public works director. For purposes of determining the applicant's pro rata share, funds
received by the city from any federal, state, or local grant for the project shall be excluded from the total
cost of the planned six-year transportation improvement.
(b) Right-of-way adjacent to and within subdivisions and short subdi':isions land divisions must be
dedicated and improved consistent with the requirements of this article, unless different requirements are
imposed by the city as part of the subdivision or short subdivision land division approval process.
(c) Ingress/egress and utilities easements or alleys may be pemitted subiect to the conditions
established in the City of Federal Way Public Works Development Standards. (Ord. No. 90-43, 92(110.20),
2-27-90; Ord. No. 98-330,93, 12-15-98; Ord. No. 00-363, 9 15, 1-4-00; Ord. No. 02-414,93,2-19-02; Ord. No.
02-417,9 1,3-19-02; Ord. No. 06-515, 9 3,2-7-06)
22-1474 Required public and private improvements.
(a) Generally. The development standards portion of FWCC 22-1523 through 22-1528 establish the
improvements that must be installed, based on the classification of the various rights-of-way within the
city. The applicant shall, consistent with the provisions of this article, install all improvements established
in FWCC 22-1523 through 22-1528 along the frontage of each right-of-way that abuts and traverses the
subject property, commensurate with the impacts of the development. At a minimum, improvements shall
be required on the abutting side of the right-of-way and a 10-foot lane on the side of the right-of-way
opposite the frontage.
(b) The Public Works Director shall have the authority to adopt and modify standards for ingress/
egress and utilities easements or alleys, which may be permitted subiect to the conditions and standards
established in the City of Federal Way Public Works Development Standards.
(b) Additional dimensions and improvements. The applicant may increase the dimensions of any
required improvement or install additional improvements within the right-of-way with the written consent
of the public works director.
(c) Authority to require dedication. If a right-of-way abutting the subject property has inadequate width
based on the requirements in FWCC 22-1523 through 22-1528, the applicant shall dedicate a portion of
the subject property parallel to the right-of-way and equal in width to the difference between the present
right-of-way width and the width required by FWCC 22-1523 through 22-1528 for that right-of-way. The
public works director may waive additional dedication or may permit dedication of a lesser amount of the
subject property for additional right-of-way width if:
(1) It is likely to anticipate that, within the near future, the private property across the right-of-way
will be required to dedicate property for public right-of-way; or
(2) The reduction in the required right-of-way width will nonetheless provide adequate room for all
improvements, infrastructure and functions within the right-of-way. For the purpose of determining the
rough proportionality of right-of-way dedication to the development's impacts, the city may require up to
300 square feet of right-of-way dedication per average daily trip generated by the development. All
dedications under this subsection shall be by conveyance through a statutory warranty deed.
(d) Partial right-of-way improvements. Where a right-of-way abutting the subject property does not,
even after dedications required under subsection (c) of this section, contain adequate width to install all of
the improvements required within that right-of-way under this article, the applicant shall install
improvements within the right-of-way which will provide a safe and efficient right-of-way and which will
facilitate completion of all right-of-way improvements required in this article at a later date. The specific
extent and nature of improvements, where full right-of-way width is not available, will be determined by
the public works director on a case-by-case basis.
(e) Easements. The public works director may require the applicant to grant such easements over,
under and across the subject property as are reasonably necessary or appropriate under the circumstances,
including but not limited to easements for the following:
Exhibit 12, FWCC Chapter 22, Article XVI, Improvements (Street Standards) Page 3
(1) Pedestrian access and sidewalks.
(2) Street lighting.
(3) Traffic control devices. (Ord. No. 90-43, 92(1 ]0.25), 2-27-90; Ord. No. 98-330, 9 3, 12-15-98; Ord. No.
02-414,93,2-19-02; Ord. No. 02-417, 9 1,3-19-02)
22-1475 Additional improvements.
The city may require the applicant to pave or install additional improvements within rights-of-way,
either abutting or not abutting the subject property. This may include traffic signals, channelizations, turn
lanes, and other improvements necessary or appropriate to improve traffic circulation and safety, the need
for which is directly attributable to development of the subject property. Where appropriate, the public
works director may permit the applicant to fulfill the applicant's obligation under this section by paying to
the city the pro rata share of the costs of the required improvements attributable to development of the
subject property, as determined by the public works director. The city may also require the applicant to
provide traffic studies and other data describing the traffic impacts of the proposed development, the need
for improvements under this section, and the reasonable pro rata share of the costs of these improvements
to be borne by the applicant. (Ord. No. 90-43,92(110.30),2-27-90; Ord. No. 98-330, 9 3, 12-15-98; Ord. No. 02-
414,93,2-19-02; Ord. No. 02-417,91,3-19-02)
22-1476 Traffic control devices and signing.
All traffic control devices and pavement markings shall conform to the Manual on Uniform Traffic
Control Devices (M.U.T.C.D.) as adopted, from time to time, by the State Department of Transportation.
(Ord. No. 90-43, 92(110.55),2-27-90; Ord. No. 98-330, 9 3, 12-15-98; Ord. No. 02-414, 9 3, 2-19-02; Ord. No. 02-
417,91,3-19-02)
22-1477 Modifications, deferments and waivers.
The public works director may modify, defer or waive the requirements of this article only after
consideration of a written request for the following reasons:
(1) The improvement as required would not be harmonious with existing street improvements, would
not function properly or safely or would not be advantageous to the neighborhood or city as a whOle.
(2) Unusual topographic or physical conditions preclude the construction of the improvements as
required.
(3) Proper vertical or horizontal alignments cannot be determined because the existing streets do not
have correct alignments.
(4) The required improvement is part of a larger project that has been scheduled for construction in
the city's adopted six-year transportation improvement program. (Ord. No. 90-43, 9 2(110.60), 2-27-90; Ord.
No. 98-330,93,12-15-98; Ord. No. 02-414, 9 3,2-19-02; Ord. No. 02-417, 9 i, 3-19-02)
22-1478 Bonds.
The city may require or permit a bond under FWCC 22-146 et seq. to insure compliance with any of
the requirements of this article. (Ord. No. 90-43, ~ 2(110.65), 2-27-90; Ord. No. 98-330, 9 3, 12-15-98; Ord. No.
02-414, 9 3,2-19-02; Ord. No. 02-417, 9 1, 3-19-02)
22-1479 - 22-1495 Reserved.
Exhibit 12, FWCC Chapter 22, Article XV], Improvements (Street Standards) Page 4
Division 2. Vehicular Access Easements Improvements
22-1496 When required.
If access to the subject property is over a vehicular access easement or tract, the applicant shall, except
as specified in FWCC 22-1497, install improvements within the vehicular access easement or tract
consistent with the requirements for rights-of-way, as established in this article, from the point the subject
property obtains access to the vehicular access easement or tract to the nearest intersecting right-of-way.
The public works director shall determine which of the provisions of FWCC 22-1523 through 22-1528
apply to the vehicular access easement or tract based on the classification criteria of those charts. (Ord, No.
90-43,92(110.35(1)),2-27-90; Ord. No. 98-330, 93, 12-15-98)
22-1497 Exceptions.
The following provisions of this division shall net apply:
(1) A vehicular access easement or tract (ingress/egress and utilities easement) may be permitted
subiect to the conditions established in the City of Federal Way Public Works Development Standards.
fB ill If the vehiole vehicular access easement or tract that does not have adequate width for the
installation of the improvements required by this article, the public works director shall determine the
nature and extent of the improvements to be installed in the vehicle access easement or tract on a case-by-
case basis. At a minimum the vehicle access easement or tract must have a concrete or asphalt surface at
least 20 feet in width.
~ ill Streetlights are required at the intersection of a vehicular access easement or tract and a right-
of-way, but not at any other location within the vehicular access easement or tract, unless specifically
required by the public works director.
f.B (1) Notwit~standing any other provision in this article, vehicular access easements and tracts must
comply with applicable standards of the serving fire district. (Ord. No. 90-43, ~ 2(110.35(2)), 2-27-90; Ord.
No. 98-330, 93, 12-15-98)
22-1498 Easement or traet to be unobstructed.
The entire width of a vehicular access easement or tract must remain unobstructed at all times up to a
height of 16 feet above the surface of the vehicular access easement or tract. No parking or structures are
permitted in this area. (Ord. No: 90-43, 9 2(110.35(3)),2-27-90; Ord. No. 98-330, 9 3, 12-15-98)
22 1499 Setbaek required.
The paved surface of a vehioular access easement or tract must be set back at least five feet from any
adjacent property whioh does not receive access from that vehioular aocess easement ar traot. (Ord. No, 90
13, ~ 2(110.35(1)), 22790; Ord. No. 98330, ~ 3, 12 1598)
22-1500 Recording required.
If access to the subject property is by a vehicular access easement or tract, the right of each served ,
property and the responsibility of the served properties to construct, maintain and reconstruct the
improvements within the vehicular access easement or tract must be established by written document
approved by the city attorney. This document must be recorded in the county to run with all affected
properties. (Ord. No. 90-43, 9 2(110.35(5)),2-27-90; Ord. No. 98-330,93, 12-15-98)
22-1501 - 22-1515 Reserved.
Exhibit ]2, FWCC Chapter 22, Article XVI, Improvements (Street Standards) Page 5
,
Division 3. Right-of-Way Improvements
22-1516 Construction standards and specifications.
,(a) Generally. The public works director shall prepare and make available for distribution
administrative standards and specifications for right-of-way construction and construction of ingress/
egress and utilities easements and alleys based on current and generally accepted engineering practices.
The standards shall include specifications and/or drawings for rights-of-way Gross-sections, safety railings
and guardrails, appurtenances within the street, surfacing requirements, illumination, trench backfill and
restoration, drainage, utilities, construction materials, survey monuments and other related construction
elements.
(b) Current standards. The construction standards specified in the current edition of county road
standards, will apply, except where indicated otherwise in FWCC 22-1517 through 22-1528. Where there
are conflicts, the FWCC shall supersede King County standards.
(c) Enforcement. The standards and specifications adopted or incorporated under this section shall have
the full force as if set forth in this chapter. (Ord. No. 90-43, S 2(110.40), 2-27-90; Ord. No. 98-330,93, 12-15-
98)
22-1517 Medians.
Medians may be required on arterial streets to improve traffic circulation and enhance right-of-way
appearance. Medians shall be required if either of the following conditions are met:
(1) There are more than two through traffic lanes in either direction.
(2) The arterial roadway segment has crash rate greater than 10 crashes per million vehicle miles, as
determined by the public works director.
When medians are constructed, the following standards shall apply:
(1) Edges shall be vertical curb in urban areas.
(2) Landscaping and irrigation are required.
(3) Medians shall be designed not to limit turning radius or sight distance at intersections and
driveways. (?rd. No. 90-43, S 2(110.45(1)), 2-27-90; Ord. No. 98-330, 93, 12-15-98)
22-1518 Bicycle facilities.
(a) Bicycle facilities shall be installed as indicated on the bicycle/pedestrian facilities plan as shown in
the currently adopted comprehensive plan.
(b) When bicycle facilities are provided as part of the right-of-way design and installation, they shall
meet the standards defined in the most current version of the Washington State Department of
Transportation Design Manual, M 22-01. (Ord. No. 90-43,92(110.45(2)),2-27-90; Ord. No. 98-330, 93,12-
15-98)
22-1519 Landscaping.
Installation of landscape strips and street trees in rights-of-way shall be required as rights-of-way are
constructed. Street trees shall be installed in conformance with a right-of-way landscaping plan, and
planting specifications to be adopted by the public works director. (Ord. No. 90-43, 9 2(110.45(3)), 2-27-90;
Ord. No. 98-330, 9 3, 12-15-98)
22-1520 Sidewalks.
Sidewalks shall be installed as established in FWCc 22-1524 and 22-1525 for each classification of
right-of-way. Sidewalk widths may be required above the minimum in areas where special design
standards have been adopted. (Ord. No. 90-43, 92(110.45(4)),2-27-90; Ord. No. 98-330, S 3,12-15-98)
Exhibit 12, FWCC Chapter 22, Article XVI, Improvements (Street Standards) Page 6
22-1521 Utilities.
All required utilities shall be installed underground as rights-of-way are con'structed. If the city
determines that undergrounding is not feasible at the time the right-of-way is constructed, the applicant
must sign a concomitant agreement to pay the subject property's fair share of undergrounding the utilities
at some future date when undergrounding is feasible. This concomitant agreement shall be recorded with
the county at the expense of the applicant and shall run with the property. (Ord. No. 90-43, S 2(110.45(5)), 2-
27-90; Ord. No. 98-330,9 3, 12-15-98)
22-1522 Street lighting.
Street lighting shall be required on all rights-of-way. (Ord. No. 90-43, 9 2(110.45(6)), 2-27-90; Ord. No.
98-330,93,12-15-98)
22-1523 Other standards and necessary improvements.
The following describes elements common to all roadway improvements.
(1) Design speeds should be 10 mph over posted limits, subject to modification based on
topographical constraints. In no case shall design speeds be less than posted speed limits, except for local
streets in residential zones.
(2) Minimum radius on horizontal curves shall be based on AASHTO rural/high speed urban street
friction factors with a normal crown section for design speeds of 35 mph or greater. For design speeds
less than 35 mph, AASHTO low-speed urban street side friction factors with a normal crown section may
be used. Superelevation should not be used.
(3) All curbs shall be vertical per King County Road Standards, latest edition, except in low and
medium density single- family residential comprehensive plan designation or for temporary
improvements, in which case a ditch section or thickened edge may be permitted.
The applicant shall install any other improvements necessary for the proper operations or maintenance
of the improvements required by or under this chapter, as determined by the public works director. (Ord.
No. 90-43, 9 2(110.45(7)), 2-27-90; Ord. No. 98-330, ~ 3, 12-15-98)
22-1524 Principal arterial rights-of-way.
The following table illustrates the development standards for principal arterials. Cross-section type
shall be as shown in the currently adopted comprehensive plan.
Design City center 35
speed (mph) zones
Other zones 40
Flat 6
Maximum Rolling
grade (%) 7
Mountainous 8
Sidewalk City center 12
width (feet) zones
Other zones 8
Landscaping City center 0
strip width zones
(feet) Other zones 6
Access classification 1 T 2 I 3 I 4
Exhibit] 2, FWCC Chapter 22, Article XVI, Improvements (Street Standards) Page 7
---
Average daily tniffic > 35,000 25,000 - 35,000 15,000 - 25,000 5,000 - <5,000
15,000
Directiona] design hourly 1,675 - 1,250-1,675 825 - 1,250 350 - 825 < 350
volume 2,526
Bike lane No Yes No Yes No Yes No Yes No
Paved width (feet) 86 84 72 64 66 58 44 36 34 32
Curb or ditch Curb Curb Curb Curb Curb Curb Curb Curb Ditch
Right-of-way width (feet) 120 100 106 102 98 94 100 96 92 88 78 70 68 68
City center N/A B N/A D N/A F N/A H N/A J N/A N/A N/A N/A
zones
High density
sing1e- family A N/A C N/A E N/A G N/A I N/A K M 0 N/A
Cross- zones
section type Medium and
low density A N/A C N/A E N/A G N/A I N/A K M N/A P
single-family
zones
Other zones A N/A C N/A E N/A G N/A I N/A K M '0 N/A
(Ord. No. 90-43, 9 2(chart 110-1),2-27-90; Ord. No. 98-330, 9 3, 12-15-98)
22-1525 Minor arterial rights-of-way.
The following table illustrates the development standards for minor arterials. Cross-section type shall
be as shown in the currently adopted comprehensive plan.
Design City center 35
speed (mph) zones
Other zones 40
Flat 6
Maximum
grade (%) Rolling 8
Mountainous 10
Sidewalk City center 12
width (feet) zones
Other zones 8
Landscaping City center 0
strip width zones
(feet) Other zones 6
Access classification 1 2 3 4
A verage daily traffic > 35,000 25,000 - 35,000 15,000 - 25,000 5,000 - <5,000
15,000
Directional design hourly 1,675 - 1,250-1,675 825 - 1,250 350 - 825 < 350
volume 2,526
Bike lane No Yes No Yes No Yes No Yes No
Paved width (feet) 86 I 84 72 64 66 58 44 36 34 32
Curb or ditch Curb Curb Curb Curb Curb Curb Curb Curb Ditch
Right-of-way width (feet) 120 I 100 1061 102 98 I 94 100 I 96 92 I 88 78 70 68 68
Exhibit 12, FWCC Chapter 22, Article XVI, Improvements (Street Standards) Page 8
City center N/A B N/A D N/A F N/A H N/A J N/A N/A N/A N/A
zones
High density
single-family A N/A C N/A E N/A G N/A I N/A K M 0 N/A
Cross- zones
section type Medium and
low density A N/A C N/A E N/A G N/A I N/A K M N/A P
single-family
zones
Othe,r zones A N/A C N/A ,E N/A G N/A I N/A K M 0 N/A
(Ord. No. 90-43, 92(chart 110-2),2-27-90; Ord. No. 98-330,93,12-15-98)
22-1526 Principal collect!)r rights-of-way.
The following table illustrates the development standards for principal collectors. Cross-section type
shall be as shown in the currently adopted comprehensive plan.
Design City center zones 35
speed (mph) Other zones 40
Flat 6
Commercial/industrial Rolling
zones 8
Maximum Mountainous 10
grade (%) Flat 8
Other zones Rolling 10
Mountainous 12
Sidewalk City center zones 12
width (feet) Other zones 8
Landscaping City center zones 0
strip width Other zones 6
(feet)
Access classification 3 4
Average daily traffic 15,000 - 25,000 5,000 - 15,000 <5,000
Directional design hourly volume 825 - 1,250 350 - 825 < 350
Bike lane Yes No Yes No Yes No
Paved width (feet) 66 58 44 36 34 32
Curb or ditch Curb Curb Curb Curb Curb Ditch
Right-of-way width (feet) 100 96 92 88 78 74 70 68 68
City center zones N/A H N/A J N/A L N/A N/A N/A
Cross- High density single-family zones G N/A I N/A K N/A M 0 N/A
section type Medium and low density single-family G N/A I N/A K N/A M N/A P
zones
Other zones G N/A I N/A K N/A M 0 N/A
(Ord. No. 98-330, 9 3, 12-15-98)
Exhibit 12, FWCC Chapter 22, Article XVI, Improvements (Street Standards) Page 9
22-1527 Minor collector rights-of-way.
The following table illustrates the development standards for minor collectors. Cross-section type shall
be as shown in the currently adopted comprehensive plan.
Design speed Medium and low density single-family, 30
(mph) commercial, and industrial zones
Other zones 25
Flat 6
Commercial and Rolling 8
industrial zones
Maximum grade Mountainous 10
(%) Flat 8
Other zones Rolling 10
Mountainous 12
Sidewalk width City center zones 12
(feet) Other zones 6
Landscaping strip City center zones 12
width (feet) Other zones 4
Access classification 4 5
Average daily traffic 5,000 - <5,000 1,000 -
15,000 5,000
Directional design hourly volume 350- <350 100-
825 350
Bike lane No No No
Paved width (feet) 52 40 36 28
Curb or ditch Curb Curb Curb Curb Ditch
Right-of-way width (feet) 82 70 66 60 60
City center zones N Q N/A N/A N/A
High density single-family zones N/A N/A N/A S N/A
Cross-section type Medium and low density single-family N/A N/A N/A N/A T
zones
Other zones N/A N/A R N/A N/A
(Ord. No, 98-330, 9 3, 12-15-98)
22-1528 Local street rights-of-way.
The following table illustrates the development standards for local streets. Cross-section type shall be
as shown in the currently adopted comprehensive plan.
Medium and low density
Design single-family, commercial, and 30
speed (mph) industrial zones
Other zones 25
Maximum Commercial Flat 6
grade (%) and industrial RoBing 8
zones Mountainous 10
Other zones Flat 10 '
Exhibit 12, FWCC Chapter 22, Article XVI, Improvements (Street Standards) Page 10
Rolling 12
Mountainous 15
Sidewalk City center zones 12
width (feet) Other zones 5
Landscaping City center zones 0
strip width Other zones 4 0
(feet)
Access classification 4 5
1,000 < 100 < < N/A
A verage daily traffic - 5,000 5,000 500 - 1,000 250 - 500 -250 250 100
Directional design hourly volume 100- < 50 - 100 25 - 50 10- <25 < 10 N/A
350 350 25
Bike lane No No No No No No No
Paved width (feet) 40 40 36 28 32 24 28 20 24 90
Curb or ditch Curb Curb Curb Ditch Curb Ditch Curb Ditch Curb Curb
Right-of-way width (feet) 70 66 60 60 56 56 52 52 38 106
City center zones Q N/A N/A N/A N/A N/A N/A N/A N/A N/A
High density single-family N/A N/A S N/A U N/A W N/A Y Z
Cross- zones
section type Medium and low density N/A N/A N/A T N/A V N/A X N/A Z
single-family zones
Other zones N/A R N/A N/A N/A N/A N/A N/A N/A Z
There is no minimum centerline radius on local streets. Traffic calming devices may be incorporated
into streets in residential zones, as approved by the public works director.
Cross-section type Y may be used in cluster and short subdivisions when all of the following
conditions are met:
(1) The street is in a private tract.
(2) The tract abuts four or less dwelling units.
(3) The tract is less than 150 feet in length.
Ingress/egress and utilities easements and alleys may be permitted subiect to the conditions established
in the City of Federal Way Public Works Development Standards. (Ord. No. 90-43, 9 2(chart 110-2),2-27-
90; Ord. No. 98-330, 93, 12-15-98)
22-1529 - 22-1540 Reserved. "--
Division 4. Access Management
22-1541 Scope.
This division establishes requirements for the location and width of intersections and driveways. See
also provisions of FWCC 22-1376 et seq. for other related requirements. (Ord. No. 90-43,92(110.50),2-27-
90; Ord. No. 98-330, 93, 12-15-98)
22-1542 Width of driveways.
The maximum width of driveways, excluding flaring as approved by the public works director, is as
follows:
Exhibit 12, FWCC Chapter 22, Article XVI, Improvements (Street Standards) Page] I
(1) For driveways that serve only single-family residential uses and zero lot-line townhouse
development, the maximum driveway width is the greater of 20 feet for a two--way or more stall
driveway, or ten feet for each parking stall, and 10 feet for a one-way stall driveway.
(2) For other private driveways, refer to the City of Federal Way Public Works Development
Standards for requirements.
~ ill For driveways that serve uses other than single-family residential uses, and zero lot-line
townhouse development, the maximum driveway width is 30 feet for a two lane two-way driveway and
40 feet for a three-lane two-way driveway. Driveway widths may be increased in order to provide
adequate width for vehicles that may be reasonably expected to use the driveway, as determined by the
public works director. (Ord. No. 90-43, 9 2(11O.50(])), 2-27-90; Ord, No. 98-330, 9 3,12-15-98)
22-1543 Separation of intersections and driveways.
(a) Access to arterials and collectors may be permitted consistent with the following table. On state
highways that are not designated as limited access, the minimum spacing is 250 feet, or as shown in the
following table, whichever is greater. Left-turn and crossing movements through standing queues of
traffic may be prohibited, as determined by the public works director.
City of Federal Way Access Management Standards
Through Minimum spacing (feet)** Minimum
Access Left- Right- Right- signal
classification Median traffic Crossing Left-turn
lanes turn turn turn progreSSiOn
movements out efficiency***
m out m
Only at Only at
1 Raised 6 signalized signalized 330 150 150 40%
intersections intersections
2 Raised 4 330 330 330 150 150 30%
Two-
3 way left- 4 150 150* 150* 150* 150* 20%
turn lane
Two-
4 way left- 2 150* 150* 150* 150* 150* 10%
turn lane
* Does not apply to single-family residential uses.
** Greater spacing may be required in order to minimize conflicts with queued traffic.
*** If the existing efficiency is less than the standard, new traffic signals may not reduce the existing efficiency.
(1) Raised medians will be required if any of the following conditions are met:
a. There are more than two through traffic lanes in each direction on the street being accessed.
b. The street being accessed has a crash rate over 10 crashes per million vehicle miles, and
currently has a two-way left-turn lane.
(2) Two-way left-turn lanes will be required if the street being accessed has a crash rate over 10
crashes per million vehicle miles, and currently does not have a left-turn lane.
(b) Driveways that serve any use other than detached dwelling units may not be located closer than 150
feet to any street intersection or to any other driveway, whether on or off the subject property. Driveways
that serve only residential use may not be located closer than 25 feet to any street intersection.
(c) There may be no more than one driveway for each 330 feet of lot frontage. The city may further
limit or prohibit access to or from driveways onto arterial streets.
(d) Separation distances shall be measured from centerline to centerline of roadways and driveways.
(Ord. No. 90-43, S 2(110.50(2)), 2-27-90; Ord. No. 98-330, 9 3, 12-15-98)
Exhibit 12, FWCC Chapter 22, Article XVI, Improvements (Street Standards) Page 12
22-1544 Modification procedures.
Modifications to the standards in FWCC 22-1543 may be made as determined by the public works
director under the following procedures.
(1) The director may grant a modification administratively to reduce spacing standards by up to 20
percent of the tabular values. Criteria are existing accident rates and suspected low number of turning
conflicts.
(2) A formal request for modification shall include documentation of topographical constraints, or
inability to secure alternative means of access through easements, dedicated tracts, or roadways of lower
classification, and granting the modification will not appreciably reduce roadway safety and capacity.
(3) The director may condition modification requests to require that accesses be closed, or further
restricted, when alternative means of access become available through development or redevelopment of
other properties. (Ord. No. 98-330, S 3, 12-15-98)
22-1545 - 22-1560 Reserved.
1:\2006 Code Amendments\Small Lot and Zero Lot Line Amendments\Planning Commission\Exhibit 12 Street Standards.doc
Exhibit 12, FWCC Chapter 22, Article XVI, Improvements (Street Standards) Page 13
Exhibit 13
Federal Way City Code (FWCC)
Chapter 22. Zoning.
Article XVII. Landscaping.
22-1566 Landscaping requirements by zoning district.
(a) Suburbart Estates, SE.
(1) Type III landscaping 10 feet in width shall be provided along all property lines of
nonresidential uses in the SE zoning district, except as provided in FWcC 22-1567 of this article.
(b) Single-Family Residential, RS.
(1) Type III landscaping 10 feet in width shall be provided along all property lines of
nonresidential uses in the RS zoning districts, except as provided in FWCC 22-1567 of this article.
(c) Multifamily Residential, RM.
(1) Type III landscaping 20 feet in width shall be provided along all public rights-of-way and
ingress/egress easements, except for zero-lot line townhouse and small lot detached development. which
shall be required to provide Type III landscaping 10ft. in width along all arterial rights-of-way. Said
landscaping shall be in a separate tract and shall be credited to the common open space requiremen.t.
(2) Type II landscaping 20 feet in width shall be provided along the common boundary abutting
single-family zoning districts. except for zero-lot line townhouse and small lot detached development.
(3) Type III landscaping 10 feet in width shall be provided along all perimeter lot lines, except as
noted in subsections (c)(1) and (c )(2) of this section and except for zero lot line townhouse and small lot
detached development.
(d) Professional Office, PO.
(1) Type III landscaping eight feet in width shall be provided along all property lines abutting
public rights-of-way and access easements.
(2) Type I landscaping 10 feet in width shall be provided along all perimeter property lines
abutting a residential zoning district except for schools which shall provide 10 feet of Type II.
(3) Type III landscaping five feet in width shall be provided along all perimeter lot lines, except
, as noted in subsections (d)(1) and (d)(2) of this section.
(e) Neighborhood Business, BN.
(1) Type III landscaping five feet in width shall be provided along all properties abutting public
rights-of-way and ingress/egress easements.
(2) Type I landscaping 15 feet in width shall be provided along the perimeter of property abutting
a residential zoning district.
(3) Type III landscaping five feet in width along all perimeter lot lines except as noted in
subsections (e)( 1) and (e )(2) of this section.
(f) Community Business, Be.
(1) Type III landscaping five feet in width shall be provided along all properties abutting public
rights-of-way and ingress/egress easements.
(2) Type I landscaping 15 feet in width shall be provided along the perimeter of property abutting
a residential zoning district.
(3) Type III landscaping five feet in width shall be provided along all perimeter lots lines except
as noted in subsections (f)(1) and (f)(2) of this section.
(g) City Center, CC.
Exhibit 13, FWCC Section 22-] 566, Landscaping Page I
(1) Type III landscaping five feet in width shall be provided along the perimeter of parking areas
abutting public rights-of-way.
(2) Type I landscaping 15 feet in width shall be provided along the perimeter of property abutting
a residential zoning district.
(3) Type III landscaping five feet in width shall be provided along all perimeter lot lines except as
noted in subsections (g)(1) and (g)(2) of this section, except that landscaping is not required along
perimeter lot lines abutting rights-of-way, where no required yards apply pursuant to Article XI, Division
8.
(h) Office Park, OP; and Corporate Park, CP-I.
(1) Type III landscaping 10 feet in width shall be provided along all property lines abutting public
rights-of-way and access easements.
(2) Type I landscaping 15 feet in width shall be provided along the perimeter of property abutting
a residential zoning district.
(3) Type III landscaping five feet in width shall be provided along all perimeter lot lines, except
as noted in subsections (h)(1) and (h)(2) of this subsection.
(i) Manufacturing Park, MP Business Park, BP.
(1) Type II landscaping 10 feet in width shall be provided along all property lines abutting public
rights-of-way and access easements.
(2) Type I landscaping 25 feet in width shall be provided along the perimeter of the property
abutting a residential zoning district.
(3) Type II landscaping 10 feet in width shall be provided along the perimeter of the property
abutting a nonresidential zoning district, except MP zones.
(4) Type III landscaping five feet in width shall be provided along all perimeter lot lines except as
noted in subsections (i)(1), (i)(2), and (i)(3) of this section. (Ord. No. 93-170, 9 4, 4-20-93; Ord. No. 96-270, 9
3(E),7-2-96)
1:\2006 Code Amendments\Small Lot and Zero Lot Line Amendments\Planning Commission\Exhibit J 3 Landscaping.doc
Exhibit 13, FWCC Section 22-1566, Landscaping Page 2
Exhibit 14
Federal Way City Code (FWCC)
Chapter 22. Zoning.
Article XVIII. Signs.
Sections:
22-1596 Purpose.
22-1597 Definitions.
22-1598 Scope.
22-1599 Permits.
22-1600 Prohibited signs.
22-1601 Signs in nonresidential zoning districts.
22-1602 Construction standards.
22-1603 Variance from sign code.
22-1604 Compliance and enforcement.
22-1605 Reserved - Comprehensive design plan.
22-1606 - 22-1629 Reserved.
22-1596 Purpose.
It is the purpose of this article to balance public and private needs. Within this broad purpose are the
following objectives:
(1) Recognize the visual communication needs of all sectors of the community for identification and
advertising purposes;
(2) Promote a positive visual image of the city and protect property values by:
a. Encouraging signs that are appropriate and consistent with surrounding buildings and
. landscape in both scale and design, appropriate to the size of the subj ect property and the amount' of street
frontage adjacent to the subject property, and appropriate in relationship to the size of the building; and
b. Discouraging excessive numbers of signs;
(3) Protect the public health, safety, and welfare by regulating the placement, removal, installation,
maintenance, size, and location of signs;
(4) Support and enhance the economic well-being of all businesses within the city, and in particular
recognize the needs of all businesses to identify their premises and advertise their products;
(5) Assure equal protection and fair treatment under the law through consistent application of the
regulations and consistent enforcement;
(6) Provide consistency with the comprehensive plan;
(7) Recognize that the aesthetic value of the total environment does affect economic values of the
community, and that the unrestricted prolif~ration of signs' can and does detract from the economic value
of the community;
(8) Provide controls on sign proliferation to preserve community scenic, economic, and aesthetic
values; and
(9) Provide for the elimination of billboard signs after a reasonable amortization period recognizing
that billboards affect the aesthetic value of the community thereby reducing property values and
impacting traffic safety because of the distraction that is created by large signage along public rights-of-
way. (Ord. No. 95-235, 9 4, 6-6-95; Ord. No. 99-348, 9 5, 9-7-99; Ord. No. 99-357, 9 5, 12-7-99; Ord. No. 05-486,
S 3,4-19-05)
Exhibit 14, FWCC Chapter 22, Article XVII, Signs Page 1
22-1597 Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
(1) Abandoned sign means any sign remaining in place after a sign has not been maintained for a
period of 90 or more consecutive days or if the activity conducted on the subject property ceases for 180
consecutive days.
(2) Administrator means the director of community development or hislher designated representative.
(3) Advertjsed activity for freeway profile signs. For the purpose of measuring from the advertised
activity for an individual business, the distance shall be measured from the sign to the nearest portion of
that building, storage, or other structure or processing area which is the most regularly used and essential
to the conduct of the activity; and for a center identification sign, which identifies businesses within a
multi-tenant complex, the distance shall be measured from the sign to the nearest portion of the combined
parking area of the subject property.
(4) Animated or moving sign means any sign that uses movement or the appearance of movement of a
sign display through the use of patterns of lights, changes in color or light intensity, computerized special
effects, video display, or through any other method, chasing or scintillating lights, fluttering or moving
lights, lights with stroboscopic effect, or containing elements creating sound or smell; except for the
scrolling of a static message, scene, or color onto or off a sign board in one direction per message.
(5) Architectural embellishments - Signs means the aesthetic elements of the structure that includes
or encloses a sign. They do not include any copy, text, logos, graphics, or other elements of the sign face
or sign base, but are solely intended to enhance the aesthetics of the structural elements surrounding or
supporting the sign.
(6) Awning means a shelter projecting from and supported by the exterior wall of the building and
which is constructed of a noncombustible framework and covered by a flexible or nonrigid fabric.
Awnings can be fixed, retractable, or collapsible. Any structure that extends above the adjacent parapet or
roof of a supporting building is not included within the definition of awning.
(7) Awning or canopy sign means a non-electric sign on the vertical surface or flap that is printed on,
painted on, or attached to an awning or canopy. Illumination for the awning or canopy shall be for safety
purposes only, and therefore, shall point toward the ground and not illuminate the canopy. (See also
"Marquee sign.")
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Figure 1- Awning or Canopy Sign
(8) Balloon means a decorative inflatable device, generally composed of a thin layer of latex or
mylar, into which a gas (typically helium) is inserted in order to cause it to rise or float in the atmosphere.
(See i,lIso "Inflatable advertising device.")
(9) Banner means a sign made of fabric or any nonrigid material with no enclosing framework.
(10) Billboard means permanent outdoor advertising off-site signs containing a message, commercial
or otherwise, unrelated to any use or activity on the subject property on which the sign is located, but not
including civic event signs, signs oriented to the interior of sports fields, government signs, or
instructional signs.
Exhibit ]4, FWCC Chapter 22, Article XVII, Signs Page 2
(11) Building-mounted signs means any sign attached to the facade or face of a building or mansard
roof including without limitation wall signs, marquee signs, under canopy signs and projecting signs.
(12) Cabinet sign means a sign constructed of a box, rigid material, or framework over or within
which is secured the sign copy, text graphics, or other sign elements. Cabinet signs may have either
interior or exterior illumination.
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Figure 2 - Cabinet Sign
(13) Canopy - Building means a rigid, multi-sided structure covered with fabric, metal, or other
material and supported by a building at one or more points or extremities and by columns or posts
embedded in the ground at other points or extremities. Any structure which extends above any adjacent
parapet or roof of the supporting building is not included within the definition of a building canopy.
(14) Canopy - Freestanding means a rigid, multi-sided structure covered with fabric, metal, or other
material and supported by one or more posts embedded in the ground.
(15) Canopy sign. See "Awning or canopy sign."
(16) Center identification sign means a building-mounted or freestanding sign that identifies the name
and/or logo of a development containing more than one office, retail, institutional or industrial use or
tenant and which may separately identify the tenants.
(17) Changeable copy sign means a sign whose informational content can be changed or altered
(without changing or altering the sign frame, sign supports or electrical parts) by manual or electric,
electro-mechanical, or electronic means. A sign on which the message changes more than eight times a
day shall be considered an electronic changeable message sign and not a changeable copy sign for
purposes of this chapter. A sign on which the changing is an electronic or mechanical indication of time
and/or temperature shall be considered a "time and temperature" sign and not a changeable copy sign.
(18) City means the city of Federal Way, a Washington municipal corporation, unless the context
clearly indicates otherwise.
(19) Clearview zone means the definition set forth in FWCC 22-1151 et seq. of this Code for
intersection sight distance requirements.
(20) Community service event or civic event means an event or gathering (such as a food fest,
concert, fun run, cultural exhibition, or charitable fund raising event) sponsored by a private or public
nonprofit organization. Sponsoring organizations can include, but are not limited to, schools, churches,
and/or civic fraternal organizations, theater and arts groups, and charitable organizations. The event may
not be primarily for the purpose of selling or promoting merchandise or services.
(21) Construction sign means a temporary sign identifying an architect, contractor, subcontractor,
and/or material supplier participating in construction on the property on which the sign is located.
Construction signs also include "Coming Soon" and "Open During Construction" signs.
(22) Copy means the graphic content of a sign surface in either permanent or removable letter,
pictographic, symbolic, or alphabetic form.
(23) Directional sign, on-site means a sign giving directions, instructions, or facility information and
which may contain the name or logo of an establishment but no advertising copy (e.g., parking, exit or
entrance signs).
Exhibit 14, FWCC Chapter 22, Article XVII, Signs Page 3
(24) Electrical sign means a sign or sign structure in which electrical wiring, connections, or fixtures
are used.
(25) Electronic changeable message sign means an electronically activated sign whose message
content, either whole or in part, may be changed by means of electronic programming.
(26) Exposed building face means the building exterior wall of a single occupant building or the
building exterior wall of an individual tenant's leased space in a multi-tenant complex, including the
vertical distance between eaves and ridge of a pitched roof above it, used for sign area calculation for
building-mounted signs.
(27) Facade means the entire building front including the parapet.
(28) Festoons means a string of ribbons, tinsel, small flags, or pinwheels.
(29) Flag means any piece of cloth of individual size, color and design, used as a symbol, signal,
emblem or for decoration.
(30) Flashing sign means a sign when any portion of it changes light intensity, switches on and off in
a constant pattern, or contains moving parts or the optical illusion of motion caused by use of electrical
energy or illumination.
(31) Freestanding sign means a sign supported permanently upon the ground by poles, pylons, braces
or a solid base and not attached to any building. Freestanding signs include those signs otherwise known
as "pedestal signs," "pole signs," "pylon signs," and "monument signs."
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Sign
Height
Figure 3 - Freestanding Sign
(32) Frontage means the length of the property line along any public right-~f-way on which it borders.
(33) Frontage, building means the length of an outside building wall on a public right-of-way.
(34) Fuel price sign means a sign displaying the price of fuel for motorized vehicles.
(35) Graffiti means the inscription of symbols, words, or pictures by painting, spray painting or other
means of defacing public or private property.
(36) Grand opening means a promotional activity used by newly established businesses to inform the
public of their location and services available to the community. A grand opening does not mean an
annual or occasional promotion of retail sales or other services, and does not include a change in
ownership, remodeling, or other change incidental to the initial establishment of the business.
Exhibit 14, FWCC Chapter 22, Article XVII, Signs Page 4
(37) Ground-mounted sign means a pedestal sign, pole, pylon, monument sign, or any sign
permanently affixed to the ground.
(38) Government sign means any temporary or permanent sign erected and maintained by any city,
public utility, county, state, or federal government for designation of or direction to any school, hospital,
hospital site, property, or facility, including without limitation traffic signs, directional signs, warning
signs, informational signs, and signs displaying a public service message.
(39) Height (of a sign) means the vertical distance measured from the highest point of the sign to the
grade of the adjacent street or the surface grade beneath the sign, whichever is less.
(40) Identification sign means a sign whose copy is limited to the name and address of a building,
institution, or person and/or to the activity or occupation being identified.
(41) Identification sign (subdivision residential) means freestanding or wall sign identifying a
recognized subdivision, condominium complex, apartment, or other residential development.
(42) Illuminated sign means a sign with an artificial light source incorporated internally or externally
for the purpose of illuminating the sign.
(43) Incidental sign means a small sign, emblem, or decal informing the public of goods, facilities, or
services available on the premises (e.g., a credit card sign or a sign indicating hours of business).
(44) Inflatable advertising device means an advertising device that is inflated by some means and
used to attract attention, advertise, promote, market, or display goods and/or services. These devices
include large single displays or displays of smaller balloons connected in some fashion to create a larger
display.
(45) Instructional sign means a sign which designates public information including, without
limitation, public restroom signs, public telephone signs, exit signs and hours of operation signs.
(46) Integral sign means a sign displaying a building date, monument citation, commemorative
inscription, or similar historic information.
(47) Kiosk means a freestanding sign, which may have a round shape or which may have two or more
faces and which is used to provide directions, advertising or general information.
(48) Maintenance means the cleaning, painting, and minor repair of a sign in a manner that does not
alter the basic design, size, height, or structure of the sign.
(49) Marquee sign means any sign attached to or supported by a marquee, which is a permanent roof-
like projecting structure attached to a building.
(50) Menu board means a permanently mounted sign advertising the bill of fare for a drive-in or
drive-through restaurant.
(51) Monument sign means a freestanding sign supported permanently upon the ground by a solid
base of landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured
concrete materials harmonious with the materials of the primary structure on the subject property. (See
drawing set forth in FWCC 22-1602(c)(2), Figure 8.)
(52) Multi-tenant complex means a complex containing two or more uses or businesses.
(53) Multiuse complex means the definition of "multiuse complex" set forth in FWCC 22-1.
(54) Mural means a design or representation that is painted or drawn on the exterior surface of a
structure and that does not advertise a business, product, service, or activity.
(55) Nameplate means a non-electric on-premises identification sign giving only the name, address,
and/or occupation of an occupant or group of occupants of the building..
(56) Neon (outline tubing) sign means a sign consisting of glass tubing, filled with neon gas, or other
J similar gas, which glows when electric current is sent through it.
(57) Nonconforming sign means any sign, which was legally in existence on the effective date of this
Code, February 28, 1990, or on the effective date of annexation if located in areas annexed to the city
thereafter, but which does not comply with this article or any other sections of this Code.
(58) Notice of determination means the determination that the city issues as to whether a sign
conforms to this article and other sections of this Code.
Exhibit ]4, FWCC Chapter 22, Article XVII, Signs Page 5
(59) Obsolete sign means a sign that advertises a product that is no longer made, a business that is no
longer in operation, or an activity or event that has already occurred, except for historical signs.
(60) Off-site sign means a sign relating, through its message and content, to a business activity, use,
product, or service not available on the subject property on which the sign is located.
(61) On-site sign means a sign which contains only advertising strictly applicable to a lawful use of
the subject property on which the sign is located, including without limitation signs indicating the
business transacted, principal services rendered, and goods sold or produced on the subject property, or
name of the business and name of the person occupying the subject property.
(62) Person means any individual, corporation, association, firm, partnership, or other legal entity.
(63) Pedestal means freestanding signs supported permanently upon the ground by a solid base of
landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete
materials harmonious with the materials of the primary structure on the subject property. ~ The width
of the base shall be equal to at least 50 percent of the sign width. (See drawing set forth in FWCC 22-
1602(c)(1), Figure 6.)
(64) Point of purchase display or sign means an advertisement for an item accompanying its display
indicating only instructions and the contents or purpose of the item (e.g., an advertisement on a product
dispenser, tire display, recycling containers, collection containers, gas pumps, phone booths, etc.).
(65) Pole or pylon signs means freestanding signs supported permanently upon the ground by poles or
braces of materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials
harmonious with the materials of the primary structure on the subject property and not attached to any
building. (See drawing set forth in FWCC 22-1602(c)(1), Figure 7.)
(66) Political signs means temporary signs advertising a candidate or candidates for public elective
office, or a political party, or signs urging a particular vote on a public issue decided by ballot in
connection with local, state, or national election or referendum.
(67) Portable sign means any sign designed to be moved easily and not permanently affixed to the
ground or to a structure or building. Portable signs differ from temporary signs in that portable signs are
made of durable materials such as metal, wood, or plastic.
(68) Pre-opening sign means a temporary sign which identifies a new business moving into a new
tenant space or building. The sign must include the name of the business and copy stating the business
'11 ("C' S " "0 . S "t)
WI open soon e.g., ommg oon... penmg oon..., e c. .
(69) Private advertising sign means a temporary sign announcing an event, use or condition of
personal concern to the sign user including without limitation "garage sale" or "lost animal" signs.
(70) Private notice sign means a sign announcing a restriction or warning regarding the subject
property, such as, but not limited to, "no trespassing" or "beware of dog."
(71) Projecting sign means a sign, other than a flat wall sign, which is attached to and projects from a
building wall or other structure not specifically designed to support the sign.
Exhibit ]4, FWCC Chapter 22, Article XVII, Signs Page 6
.
SIGN
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Figure 4 - Projecting Sign
(72) Public right-of-way means land owned, dedicated or conveyed to the public, used primarily for
the movement of vehicles, wheelchair and pedestrian traffic and land privately owned, used primarily for
the movement of vehicles, wheelchair and pedestrian traffic, so long as such privately owned land has
been constructed in compliance with all applicable laws and standards for a public right-of-way.
(73) Real estate, off-site sign means a portable or temporary sign announcing the proposed sale of
property other than the property upon which the sign is located and providing directions to the subject
property .
(74) Real estate, on-site sign means a sign placed on the subject property and announcing the sale or
rental of the subject property.
(75) Registration sticker means the sticker that is assigned to a sign that has been inventoried and has
been determined to comply with this article and other sections of this Code.
(76) Roof sign means any sign erected, constructed, or placed upon, over, or extends above any
portion of the roof of a building or structure, excluding signs affixed to the vertical face of a mansard or
gambrel style roof, in which case a roof sign is any sign erected, constructed, or placed upon, over, or
extends above the lowest vertical section of a mansard or gambrel roof.
(77) Sign means any communication device, structure, fixture, or placard that uses colors, words,
letters, numbers, symbols, graphics, graphic designs, figures, logos, trademarks, and/or written copy for
the purpose of:
(a) Providing information or directions; or
Exhibit 14, FWCC Chapter 22, Article XVII, Signs Page 7
(b) Promoting, identifying, or advertising any place, building, use, business, event, establishment,
product, good, or service, and includes all supports, braces, guys, and anchors associated with such sign.
Painted wall designs or patterns which do not represent a product, service, or registered trademark,
and which do not identify the user, are not considered signs. If a painted wall design or pattern is
combined with a sign, only that part of the design or pattern which cannot be distinguished from the sign
will be considered as part of the sign.
(78) Sign area means the entire area of a sign on which colors, words, letters, numbers, symbols,
graphics, graphic design, figures, logos, trademarks and/or written copy is to be placed, excluding sign
structure, architectural embellishments and framework. Sign area is calculated by measuring the perimeter
enclosing the extreme limits of the module or sign face containing the graphics, letters, figures, symbols,
trademarks, and/or written copy; provided, however, that individual letters, numbers or symbols using a
canopy, awning or wall as the background, without added decoration or change in the canopy, awning or
wall color, have sign area calculated by measuring the perimeter enclosing each letter, number or symbol
and totaling the square footage of these perimeters.
Grocery
I G+r~"o+e+r+y :;;; Sign Ar.ea I
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Figure 5 - Calculating Sign Arc
Exhibit] 4, FWCC Chapter 22, Article XVII, Signs Page 8
(79) Sign face means the area of a sign on which the colors, words, letters, numbers, symbols,
graphics, graphic design, figures, logos, trademark and/or written copy is placed.
(80) Sign inventory sticker means the sticker that is assigned to any sign after it has been inventoried
and determined to be a legal nonconforming sign.
(81) Sign inventory sticker number means the inventory number that is assigned to a sign after it has
been inventoried and determined to be a legal nonconforming sign. ,
(82) Sign registration means the approval issued to any sign that has an approved sign permit and that
has passed all inspections required by the city, or is in conformance with this Code after an analysis
conducted as part of a sign inventory.
(83) Snipe sign means a temporary sign or poster posted on trees, fences, light posts or utility poles,
except those posted by a government or public utility.
(84) Temporary sign means a sign not constructed or intended for long-term use.
(85) Tenant directory sign means a sign for listing the tenants or occupants and then suite numbers of
a building or center.
(86) Time and temperature sign means any sign that displays the current time and temperature,
without any commercial message.
(87) Under canopy sign means any sign intended generally to attract pedestrian traffic suspended
beneath a canopy or marquee which is at a 90-degree right angle to the adjacent exposed building face
and which contains no commercial messages other than the name of the business.
(88) Vehicle sign means a sign temporarily affixed or attached to a parked vehicle for the purpose of
advertising a product or service, or providing directions to such products or services.
(89) Wall sign means either a sign applied with paint or similar substance on the surface of a wall or a
sign attached essentially parallel to and extending not more than 24 inches from the wall of a building
with no copy on the side or edges.
(90) Warning sign means any sign which is intended to warn persons of prohibited activities such as
"no trespassing," "no hunting," and "no dumping."
(91) Window sign means all signs affixed to a window and intended to be viewed from the exterior of
the structure. (Ord. No. 95-235, S 4, 6-6-95; Ord. No. 99-348, 9 5, 9-7-99; Ord. No. 99-357, 9 5,12-7-99; Ord. No.
05-486,93,4-19-05; Ord. No. 05-487, 9 3,4-19-05; Ord. No. 05-504, 93, 10-4-05)
22-1598 Scope.
This article applies to all existing signs and all signs erected, moved, relocated, enlarged, structurally
changed, painted, or altered after February 28, 1990, the date of incorporation, or after the effective date
of annexation if located in areas annexed to the city thereafter. Any nonconforming sign shall be
regulated pursuant to FWCC 22-335. (Ord. No. 95-235, 9 4, 6-6-95; Ord. No. 99-348, S '5,9-7-99; Ord. No. 99-
357,95,12-7-99; Ord. No. 05-486, 9 3,4-19-05)
22-1599 Permits.
(a) Permit requirements. No sign governed by the provisions of this Code shall be erected, moved,
enlarged, altered or relocated by any person without a permit issued by the city unless such sign is
expressly excluded from this permitting requirement pursuant to subsection (d) of this section. An
applicant shall pay the pennit fees set forth in the city's fee schedule. No new permit is required for signs
which have valid, existing permits and which conform with the requirements of this Code on the date of
its adoption unless and until the sign is altered or relocated. Signs which, on the date of adoption of this
Code, or date of annexation if located in areas annexed to the city thereafter, do not conform with this
Code's requirements may be eligible for characterization as legal nonconforming signs under FWCC 22-
335.
(b) Permit applications. Applications for permits shall contain the name and address of the owner and
user of the sign, the name and address of the owner of the property on which the sign is to be located, the
Exhibit 14, FWCC Chapter 22, Article XVII, Signs Page 9
location of the sign structure, drawings or photographs showing the design and dimensions of the sign,
details of the sign's proposed placement and such other pertinent information as the administrator may
require to ensure compliance with this Code.
(c) Permit expiration and inspection. All sign permits expire one year from the date of issuance. If no
work was initiated to install or construct any part of the sign, the permit for such sign expires six months
from the date of issuance. All signs for which a permit was issued must receive a final inspection for
compliance with applicable requirements. It is the responsibility of the applicant to provide access for
inspection.
(d) Permit exceptions.
(1) Maintenance and operation. A sign permIt IS not required for maintenance of a sign or for
operation of a changeable copy sign and/or an electronic changeable message sign.
(2) Exempt signs. A sign permit is not required for the following signs or modifications to signs;
provided, however, that such signs shall comply with all of the following requirements:
a. Address identification with numbers and letters not more than 10 inches in height.
b. Balloons no greater than 18 inches in diameter and no more than five balloons per display with
a tether no longer than 36 inches. No more than two displays are permitted per site.
c. Barber poles.
d. Construction signs, so long as such signs are limited to two signs per project and each sign
does not exceed 32 square feet per sign face and 10 feet in height. Construction signs shall not be
displayed prior to issuance of a building permit and shall be removed prior to the issuance of a certificate
of occupancy. One "Coming Soon" or "Open During Construction" sign per site entrance is also
permitted.
e. Directional signs, on-site. Each sign shall not exceed four square feet in sign area if the
directional sign is indicating one direction and shall not exceed eight square feet in sign area if such sign
is indicating more than one direction. Each sign may be no more than five feet in height. No more than
two signs per street frontage are permitted for multi-tenant complexes. Single-tenant properties shall be
reviewed on a case-by-case basis. Center or complex names or logos shall not comprise more than 20
percent of the total sign area.
f. Flags of any nation, government, educational institution, or noncommercial organization.
Decorative flags without corporate logos or other forms of advertising are also excluded from permit
requirements. All flags must be a minimum size of five square feet unless it is a national or state flag and
the official national or state flag is less than five square feet in size but not larger than 40 square feet in
SIze.
g. Fuel price signs. Signs shall be located on the property where fuel is sold, shall be limited to
one monument sign per street frontage not exceeding five feet in height and sign area shall not exceed 20
square feet per sign face.
h. Gravestones or other memorial displays associated with cemeteries or mausoleums.
i. Historical site plaques and signs integral to an historic building or site.
j. Holiday decorations displayed in conjunction with recognized holidays.
k. Incidental signs attached to a structure or building, providing that the total of all such signs per
use or business shall not exceed two square feet.
l. Instructional signs that do not exceed six square feet in area per sign face.
m. Integral design features when such features are an essential part of the architecture of a
building (including religious symbols) and when such features do not represent a product service, or
registered trademark.
n. Integral signs when no more than one per building.
o. Interior signs located completely within a building or structure and not intended to be visible
from outside the structure, exclusive of window signs.
Exhibit 14, FWCC Chapter 22, Article XVII, Signs Page 10
-~~--
p. Menu board not to exceed 32 square feet per sign face and a maximum height of five feet (two
permitted per site).
q. Nameplates not to exceed two square feet per sign face.
r. Nonblinking small string lights which are part of decoration to be used in association with
landscaped areas and trees.
s. Point of purchase displays. Point of purchase signs are limited to two square feet in area and
one sign per point of purchase. Such signs shall only display instructional or price information and shall
not include copy pertaining to any special sale or promotion. Point of purchase display signs shall be
permitted in conjunction with an outdoor use, activity, or storage as authorized under Article II, Division
8 of this chapter.
t. Political signs so long as the maximum area per sign is limited to six square feet. No political
sign shall be displayed later than seven calendar days after a final election.
u. Private advertisIng signs. The sign shall be limited to eight square feet per sign face and five
feet in height, the sign must be immediately removed at the end of an event, use or condition, the sign
must contain the address of the event or advertiser, and there shall be no more than six such signs
advertising an event.
v. Private notice signs.
w. Real estate signs.
1. Off-site. The number of off-site real estate signs shall be limited to 10 per property per
agent; provided, however, that there shall be a minimum separation of 200 lineal feet between such signs,
except that signs may be placed less than 200 feet apart when necessary to indicate a turn or change in
direction of travel. The area of such signs shall be no greater than six square feet per sign face. All off-site
real estate signs must be removed each day at the conclusion of the open house or other sales event and
are permitted only between sunrise and sunset when the seller or the agent are in attendance at the subject
property .
2. On-site. The number of on-site real estate signs shall be limited to one per agent per street
frontage or public entrance if no street frontage exists. For dwelling units, the area of the sign shall be no
greater than six square feet per sign face. For other uses and developments, the size shall not exceed 32
square feet per sign face. All on-site real estate signs must be removed when the sale closes, or in the case
of a rent.al or lease, when the tenant takes possession.
x. Temporary business signs for temporary business defined by FWcC 9-386; provided, however,
that each licensed temporary business is only allowed two signs of 16 square feet per sign face. If only
one sign is used, that sign may be 32 square feet per sign face.
y. Under canopy signs not exceeding the width of the canopy and eight square feet in size; and
provided, that a minimum separation exists between such signs equal to 20 lineal feet or more.
z. Warning signs.
aa. Window signs not exceeding 25 percent of the window area only to advertise products, goods
or services for sale on site, business identification, hours of operation, address, and emergency
information.
bb. Signs on sports field fences not exceeding 32 square feet per sign that are securely attached to
the fence, are not protruding above the fence line, and are oriented to the interior of the field.
(e) Temporary and special signs. No permit for any sign for any civic event, community service event,
special sale/promotional event, grand openings, mural display or scoreboards shall be issued unless such
sign complies with the sign type, maximum number, maximum sign face area, maximum height, location,
duration and all other allowances and limitations for those uses described in Table I, "Allowances for
Temporary and Special Signs - Permit Required."
(f) Government signs. The allowable type, number, sign area, height, location, and content of signs
used to identify government facilities in residential zones must comply with Table 2, "Sign Allowances
for Residential Zones - Permit Required." Signs for government facilities in nonresidential zones must
Exhibit 14, FWCC Chapter 22, Article XVII, Signs Page I]
comply 'with the requirements of FWCC 22-1601. All signs must be approved by the city. Street and
traffic signs are excluded from these requirements.
(g) Residential zone signs. No permit in any residential zone shall be issued for any sign unless such
sign complies with the sign type, maximum number, maximum sign area, maximum height, location,
duration and all other allowances and limitations for those uses described in Table 2, "Sign Allowances
for Residential Zones - Permit Required."
(h) Sign registration. No person shall maintain a sign in the city without first having been issued a
proper and current sign registration or a sign inventory sticker, unless the sign is expressly exempt from
permit requirements. All signs exempt from the permitting requirements set forth in this section shall be
exempt from the registration requirements, or from having to obtain a sign inventory sticker. However,
exempt signs must still be reviewed to ensure conformance with this article. A sign registration shall be
valid until such time as the applicant alters the sign in any way, in which case the applicant will be
required to apply for a new sign registration and sign permit. The city shall affix the registration sticker
containing the registration number to the permitted sign. For signs located in areas annexed to the city, the
city will issue a notice of determination as to whether the sign is in compliance with this Code, is a legal
nonconforming sign pursuant to FWCC 22-335, or an illegal nonconforming sign pursuant to this Code.
(i) Bond. The city may require a bond under FWCc 22-146 et seq. to ensure compliance with any
aspect of this article.
Table 1
Allowances for Temporary and Special Signs-::- Permit Required
Sign ^PPI;C'b"~ Sign T"" j~u~:~mum Maximum Sign Maximum
Purpose/ Location Remarks
Descriptipn ~ones , lIowed Area [Height
I Wall-mounted 'I Off-site signs,
excluding wall-
r= I mounted banners, 30 days
. ' :1
Civic event . temporary 'I may be no larger prior to the
or community : ortable signs, II Handled than six square Five feet On site , event. Remove
service event All iinflatab]e :jon a case-by- feet per face. On- except wall- and off site . within five
(temporary) advertising i!case basis site signs and wall- mounted signs days of the
devices, search ;1 mounted banners close of the
lights and : may be no larger event
'beacons II than 32 square feet
:! per face
, il The total sign
:l
I 'i area of
I '1
I il freestanding
;; monument signs
~ I
j shall not exceed 64 Monument Non- Electronic
I Civic ev~nt ' ;! square feet for the signs: six feet.
'I
1 residential . changeable
i! total of all faces Freestanding
1 Freestanding :1 zones: onloff message signs
rr c~mmumty '1 All lmonument or i! One per and no one face signs: 12 feet. site. . allowed. Signs
service event :1 rail sign :jsite shall exceed 32 Wall signs shall Residential : cannot contain
rp,nn,non!) 1 ~ i square feet. Wall not project
:: zones: on : commercial
I ;i signs shall not above the
:i site only messages
~! exceed seven roofline
I '1 I :1 percent of the
I .1 II exposed building
II ii
I 'I I il face to which it is
i i attached
I .... .......... .. .. .'
I Special salel 'I Non- ! ,I Handled Handled on a Handled on a On site, . Special
ipromotional jresidential j Banners only' iion a case-by- case-by-case Banners 'promotions: 90
,I case-by-case basis
l~vellt(e:g".. jzoning .1 'Icase basis basis must be . dayst()talp~r .
,
. .. \..... -
Exhibit ]4, FWCC Chapter 22, Article XVII, Signs Page 12
f'"'"~="'~"""'"'"'"'""""""'"y~,_.,.-,"--,,,=....,"~""",,..,.--".". ....-..,-." """""""""'"-'-"J'~"-"'" '''..,,''"',...-..... .........,.. ,.."'"."."..."......,'~'"=""""'''"..,=='''-"='''"'"",.'"''''',''~",.,' . ""=,,-,..--....---..,,-..."' . ,,-~,-,-==""-......,,=,",..
!anniversary ildistricts :I,! attached to 'calendar year.
jsale, etc.) i I : I' an exposed . No more than
1 II 'I: building face four events per
1 ' I
j , . year. Does not
\ : . include
I ,~---J-~-----+----+----~- ____ 'window signs
! . " 1 Banners", I
I l: '!temporary! I On site. Grand
I : Non- Iportable signs, ,I H dl d H dl d Banners .openings: 30
, . '. .1 an e an e on a .
I Grand ,esldentlal 'j'mflatable 'I b I Handled on a b .must be ,days. Event
. " . . , .,on a case- - . case- -case .
I opemngs.i~Onmg '.advertlsmg '1 b' Y case-by-case baSIS b . Y attached to ,must occur
'Id" "d ' h ,case aslS 1 asrs d . 'h' 60 d
, Istncts j ,evlces, searc ,! . an .expose ,wit mays
! t . ...... .. ~;:~~:;d L~J~"'buildmg face: of occupancy
I I Non- I ,! I Handled
1 ' , " ,I Handled Handled on a
I Mural ,residentIal I P' dl:: b Handled on a b on a case-
d. I '", amte mura "on a case- y- , case- y-case
! ISp ay t. omng j,' 1.1 b' case-by-case baSIS I"" . 'by-case
I 'd' t . t' .,case aSls LlaSlS]..., '
i IS nc S'! ,LlaSIS
S b d I. EI . ,I H dl d H dl d Handled
core oar s ,ectromc .,1 an e H dl d an e on a
( hI . b' 'i an e on a on a case-
at etIc AIl.C...h...a...n...g...e....a.. b..I.e....','.on a case-by- b b' case-by-case b
fi Id .' .! ,case- y-case aSls. y-case
Ie s) , essage sIgn "case baSIS basiS b .
'.. . . . .1 aSls
Table 2
Sign Allowances for Residential Zones - Permit Required
Residential Zones = Suburban Estates (SE), Single-Family (RS), Multifamily Residential (RM)
...~--.....--.--........
Applicable: Sign Type Maximum '! .. Maximum , .
Land Use Z . All d N b n MaXImum Sign Area H..' ht '. L...o. ca.. t...IO. n Remarks
one, owe urn er :i elg , . .. .__
nstitutional SE, RS, Canopy One sign for 'IThe total sign area of Wall and [Subject Internally
. Govt. RM sign each public ,!monument signs shall . canopy signs: 'property: illuminated signs
facility .Monument entrance ilnot exceed 64 square [cannot projectisetback are not allowed;
. Public par.ksign p~oviding .!feet for the total ofallabov~ the lfi~e~foot provided, ho~ever,
. Public I Pedestal dIrect vehIcle ,If aces and no one face . rooflme. . mmlmum that e]ectromc
utility 'sign access 'jshall exceed 32 square IMonument: changeable
. School :Wall sign !feet. Wall signs and signs: six feet.. ,message signs and
icanopy signs shall not 'Pedesta] sign: i changeable copy
'Iexceed seven percent of 12 feet . signs are allowed.
!the exposed building City may impose
,II face to which it is add.itio.nal ,
,.attached hmltatlOns on SIgnS
.1 to be compatible
i with nearby
~ ,I residential areas
, . ecreation SE, RS, 'Canopy One sign for 1Frhe total sign area of Wall and Subject Internally
, . Golf course RM 'sign 'each street 'lmonument signs shall ,canopy signs: property: illuminated signs
. RecreationlM-onument 'frontage :Inot exceed 64 square ,cannot project setback are not allowed;
area or 'sign providing 'jfeet for the total of all : above the ,five-foot 'provided, however,
clubhouse iiPedestaldirect vehicleiraces and no one face roofline. ,minimum that the electronic
1 . Sports field .signaccess i!shall exceed 32 square 'Monument' changeable
I - Private, ,Wall sign ,Ifeet. Wall signs and ,signs: six feet.. message signs and
! non- ' I!canopy signs shall not .Pedestal sign: i changeable copy
i commercial :Iexceed seven percent of ] 2 feet . signs are allowed.
I 'Ithe exposed building I City may impose
I '!face to which it is I additional
II 'Iattached I limitations on signs
, , ,! I tobe compatible
! ' II ) with nearby
l~="""..._.,"..,"=,="'~""""."""==""~=~"""""...._""'"""'"~,="~.."..,"',,..j,,"=,=""."."..=""~""""~"""_=.._i="'..=""""_,,=",.."=L"=",""_.",",,,f~~~~~l!.:~Lart;;~~"=.""'"'
Exhibit 14, FWCC Chapter 22, Article XVII, Signs Page 13
[~~~~~~"~~:--]A"pf~~:~:Js~~:~~~;r~;::~~~I~~"~~~~"0";;~~'-;~'~~r~~~~~~-I~~':~;;i~-'-~"~:;:';~~--"----"
!Residential, SE, RS, :,..' onumentOne per "..'.iTWO square feet , '".iwall and l,S"bj"" Jeomm"';'1
!dwelhng UnIts M ,sign ,dwellmg unit '\ lcanopy signs: ,iproperty: I~essages not
I . all sign 'I jcannot project lsetback,allowed. Internally
i . 'I labove the '!fiVe-foot ,Illummated or
j '! iflroofline, ..minimum electrical signs not
I .,. ,
I' 'I 1.Mo..n...u...m...e..nt 1. allowed
! lSlgns: five feetl
ISubdivision SE, RS, :lTwo signs per entrance lWall and lSubject Commercial
lidentification M 'Itotaling no more than jcanopy signs: Ilproperty messages not
I .:50 square feet. No one lean not project. allowed. Internally
! .!sign may be more than labove the illumi.nated or
'I' i32 square feet jrooflme. electncal signs not
.I !Monument,. allowed. Signs may
II I'.
I' .1 [Ipedestal, pole. be mcluded as part
, 1 lor pylon 'I of a fence or other
Ii lsigns: five feet architectural feature
Small Lot .iTwo signs per entrance ~Monument.Sub'ect Commercial
betached '!totaling no more than Ipedesta1. pole' ro ert messa es not
ISubdivisionl50 SQ. ft, No one sign lor pv]on' allowed. Internall
loevelopment ,imav be more than 32 !signs: five ft. illuminated or
I' l!sQ. ft. Ii., . electrica] si ns not
,I . allowed.
'! . .
,ITwo signs per entrance Monument
.!totaling no more than . edesta] ole,
.150 SQ. ft, No one signor Ion
'jmav be more than 32 ,si ns: five ft.
ISQ,ft.
i
i
ii
RM !iTwo signs per entrance 'Monument. .
!itotaling no more than 1 edestal ole'
:!50 SQ. ft, No one sign :or Ion
.'".!m.av be more than 32 j"'I..Si.g. n. .s:.. .fiV. eft.
'iSQ. ft. ,
;j
I .
'I ,
,i
~anufactured onument Two per ';32 square feet per Wall and Subject Commercial
I::ome park isign major :jentrance. Wall signs 'canopy signs: property: messages not
jidentification all sign entrance ...'iand canopy signs shall '.,cannot project 1".setbaCk~1l0w.ed. Internally
'Inot exceed seven labove the five-foot IlIummated or
I ,..ipercent of the exposedl.roofline. :"minimumelectrical signs not
jbuilding face to a I~onument . allowed
I "..Im... a....x.l.m. u.m.. of 100 ..ls.lgn.. s.:. fi.lve feet,1
~ isquare feet ' l
ultifami1y onumentTwo per '!32 square feet per 'lwall and.,ISubject Commercial
complex SIgn majorientrance. Wall signs jcanopy signs: iproperty: messages not
identification all sign 'entrance ,land canopy signs shall lcannot project . setback allowed. Phone
I .Inot exceed seven jabove the 'five-foot um~ers are
,!percent of the exposed l:'rooflme. 'I,mm,mum permitted on wall-
I ,!bulldmg face to a jMonument I mounted slg~s
I imax,mum of] 00 jSlgns: five feetl hen not facmg
! lsquare feet '.1 l. another residential
,! .! 'I use. Internally
! :1 I' illuminated or
I 'II, electrical signs not
I ' allowed
L I~.
Exhibit 14, FWCC Chapter 22, Article XVII, Signs Page 14
-~~--~--
i'''-'--'__''''m'm_--'---T-'-'-~'-'~''~"'''-"~"'~=~-"~=r--'-:'=.~"~-'_'__'m_'~._'-"._~-'."-'''-"''"'.'T-''--'--';-'.._~-"-r-"~"-_".~_m=r","".'==-=,"=="~m.,
; iAPPhcableiSlgn Type 'Maximum! . . I Maximum: .,
! Land Use 1 Z 'All d' N bi Maximum Sign Area, H' hi Location Remarks
: one, owe - urn er l ' elg t I
iUniqU~'-~---jSE, RS ", H~ndled onHandled~ a '!H~'~died on a case-by- .. jHandled on- a lH~ndl~i .. Ha~d-l~d o~:a case-
r Cemetery I ;a case-btcas~-by-case 'Icase baSIS ilcase-by-case rn a case-by-case baSIS
! ! 'case baSIS basIs, 'Ibasls by-case
! i .1 'Iibasis
pay care or pre-~~, RS, .. Canopy One 'IWall or canopy signs jFive feet ilSubject ' Electronic
lschool, M -sign freestanding 1may not exceed seven I Iproperty: changeable
lexcluding I ,Monument sign per streetjpercent of the exposed I lsetback message signs and
lClass II home I 'Slgn frontage [lbuilding face to which j ilfive~ foot changeable copy
joccupations I Wall sign lthe sign is attached to a I Imlnlmum .. signs are allowed,
! I imaximum of 50 square ~ :1 City may impose
! ,ifeet, The total sign areal additional
i I "
i :!for monument sIgns j ~I ' limitations on signs
; :!may not exceed 20 to be compatible
;
I I with nearby
:!square feet per sign I '
I , l 'iface, A day care or pre-, I ' residential areas
! ilschool that is part of a ..
!
I jchurch or synagogue , I
:!may add 20 square feet ..
I lper face to an existing
I
! I
! [Imonument sIgn
I !lasSociated with the
;church or synagogue
I;hurch, SE,RS, Canopy One sign for rhe total sign area of ;Wall and . Subject Electronic
$ynagogue,or RM sign each street imonument signs shall . canopy signs: ' property: changeable
lother place of Monument i frontage !not exceed 64 square lcannot project setback message signs and
jWorship : SIgn ; providing : feet for the total of all !above the [ five- foot changeable copy
I Wall sign direct vehicle; faces and no one face · roofline. minimum signs are allowed.
.. ..
I access ishall exceed 32 square iMonument City may impose
ret. Wa],1 signs and [signs: five feet additional
fcanopy SIgnS shall not , limitations on signs
"exceed seven percent of to be compatible
'Ithe exposed building with nearby
, Ilface to which it is esidential areas
I
! ,attached
(Ord. No. 99-348, S 5, 9-7-99; Ord. No. 99-357, 9 5, 12-7-99; Ord. No. 05-486, 9 3,4-19-05; Ord. No. 05-487, 9 3,
4-19-05)
22-1600 Prohibited signs.
The following signs or displays are prohibited in all zones within the city. Prohibited signs are subject
to removal by the city at the owner's or user's expense pursuant to FWCC 22-1604:
(1) Abandoned or obsolete signs.
(2) Animated or moving signs.
(3) Banners, except as expressly allowed pursuant to Table 1 and FWCC 22-1 599(d)(2)(f).
(4) Billboards.
(5) Dilapidated, nonmaintained signs.
(6) Flashing signs, except electronic changeable message signs or changeable copy signs.
(7) Graffiti.
(8) Inflatable advertising devices, except as expressly allowed in FWCC 22-1599(e).
(9) Mylar balloons.
(10) Obstructing signs which obstruct or interfere with free access to or egress from a required exit
from a building or structure.
(11) Off-site signs except those expressly allowed in this chapter.
Exhibit 14, FWCC Chapter 22, Article XVII, Signs Page ] 5
(12) Pennants, streamers, ribbons~ spinners, whirlers, propellers, festoons, blinking lights, or similar
items that attract attention through movement, reflection or illumination unless expressly allowed
pursuant to Table 1 of this article.
(13) Portable signs except as expressly allowed in FWCC 22-l599(d)(2).
(14) Real estate signs providing information other than the name of the development and that the
subject property is for sale, lease or rent, such as signs which only announce the features or amenities of
the subject property (i.e., features such as indoor pool, hot tub, fireplaces, skylights, covered parking, free
cable, laundromat services, community centers, etc.).
(15) Right-of-way signs including any sign in a public right-of-way except governmental signs.
(16) Roof signs.
(17) Simulations of traffic signs. Any sign using the words "stop," "look," or "danger," or any other
words, symbols, or characters in such a manner as to interfere with, mislead, or confuse pedestrian or
vehicular traffic.
(18) Snipe signs.
(19) Vehicle signs including any sign attached to, or placed on, a parked vehicle or trailer used
principally for advertising purposes, rather than transportation, but excluding signs relating to the sale,
lease, or rental of the vehicle or trailer and excluding signs which identify a firm or its principal product
on a vehicle operated during the normal course of business. (Ord. No. 95-235, S 4, 6-6-95; Ord. No. 99-348, 9
5,9-7-99; Ord, No. 99-357, 9 5,12-7-99; Ord. No. 05-486, 9 3,4-19-05)
22-1601 Signs in nonresidential zoning districts.
(a) Freestanding signs. Permit applications for freestanding signs shall be designated as qualifying for a
high profile, medium profile or low profile sign, based upon criteria regarding both the size and zoning
designation of the development. The sign profile designation shall control the sign types, sign height, sign
area and number of signs allowed. In addition to the categories available in subsections (a)(1) and (2) of
this section, a subject property may be permitted an additional freestanding sign if it meets the criteria
contained in subsection (a)(4) of this section.
Separate parcels or pads for single-tenant buildings that comply with all zoning requirements for
single-tenant parcels, excluding access, and are not otherwise tied to an adjacent multi-tenant center by
virtue of architectural style or theme, are permitted one freestanding monument or pedestal sign not to
exceed a maximum sign area of 80 square feet for the total of all sign faces with no one sign face
exceeding 40 square feet.
(1) High profile sign.
a. Criteria. A subject property meeting all of the following criteria is permitted a high profile
freestanding sign:
1. A minimum of 250 feet of frontage on one public right-of-way;
2. A zoning designation of city center core (CC-C) or city center frame (CC-F), or community
business (BC);
3. A multiuse complex; and
4. A minimum site of 15 acres in size.
b. Sign types. The following sign types are allowed for a high profile sign:
I. Pylon or pole signs; provided, however, that any pylon or pole sign must have more than
one pole or structural support;
2. Pedestal signs;
3. Monument signs;
4. Tenant directory signs; and
5. Kiosks.
Exhibit 14, FWCC Chapter 22, Article XVII, Signs Page 16
Sign content for any pylon or pole sign, or for any pedestal or monument sign in lieu of a pylon
or pole sign, may include electronic changeable messages, center identification signs and/or changeable
copy signs. Any high profile sign may be an electrical sign, an illuminated sign, and/or a neon sign.
c. Sign height. A high profile sign shall not exceed the following maximum heights:
1. Pylon or pole sign: 25 feet;
2. Pedestal or monument signs: 12 feet if in lieu of a pylon or pole sign. Otherwise, pedestal
and monument signs shall not exceed five feet;
3. Tenant directory or kiosk signs: Six feet unless the sign is set back a minimum of 50 feet
from any public right-of-way, in which case it may be 10 feet.
d. Sign area. A high profile sign shall not exceed the following maximum sign areas:
1. Pylon or pole sign: 400 square feet for the total of sign faces with no one sign face
exceeding 200 square feet;
2. Pedestal or monument signs: 128 square feet for the total of all sign faces with no one face
exceeding 64 square feet;
3. Tenant directory or kiosk signs: 15 square feet per sign face.
e. Number of signs. A subject property qualifying for a high profile sign may have the following
maximum number of signs:
1. Pylon or pole signs: One sign unless the subject property has an additional 500 feet of street
frontage for a total of 750 feet of aggregate frontage on any public rights-of-way, in which case the
subject property will be allowed one additional high profile sign, not to exceed a maximum of two such
signs per subject property;
2. Pedestal or monument signs: If the pedestal or monument sign is in lieu of a pylon or pole
sign, the number of signs allowed shall be determined pursuant to subsection (a)(l)(e)(1) of this section.
In addition, two monument signs which identify the name of any multiuse complex are allowed, per
entrance from a public right-of-way, not to exceed five feet in height; and
3. Tenant directory or kiosk signs: One sign per frontage on a public right-of-way.
(2) Medium profile sign.
a. Criteria. A subject property that does not qualify for a high profile sign pursuant to subsection
(a)(l) of this section and is not a low profile sign by being zoned office park (OP) or professional office
(PO) pursuant to subsection (a)(3) of this section is permitted a medium profile freestanding sign.
b. Sign types. The following sign types are allowed for a medium profile sign:
1. Pedestal signs; and ..
2. Monument signs.
Sign content for any medium profile sign may include 'electronic changeable messages, center
identification signs and/or changeable copy signs. Any medium profile sign may be an electrical sign, an
illuminated sign, and/or a neon sign.
c. Sign height. The height of a medium profile sign shall be calculated at the rate of 0.75 feet in
the sign height for every 10 lineal feet of frontage on a public right-of-way; provided, however, that sign
height shall be calculated at the rate of one and one-half feet in sign height for every 10 lineal feet of
frontage on a public right-of-way for any multi-tenant complex; and provided further, that such sign shall
not exceed a maximum height of 12 feet and every applicant is entitled to a minimum height of five feet.
d. Sign area. For any multi-tenant complex, sign area allowed for a medium profile sign shall be
calculated at the rate of two square feet per lineal foot of frontage on a public right-of-way not to exceed a
maximum sign area of 128 square feet for the total of all sign faces on each permitted sign with no one
sign face exceeding 64 square feet. For other uses, sign area allowed for a medium profile sign shall be
calculated at the rate of one square foot per lineal foot of frontage on a public right-of-way not to exceed a
maximum sign area of 80 square feet for the total of all sign faces on each permitted sign with no one sign
Exhibit 14, FWCC Chapter 22, Article XVII, Signs Page 17
face exceeding 40 square feet. Notwithstanding the foregoing sign area calculations, every applicant is
entitled to a minimum sign area of 50 square feet for the total of all sign faces with no one sign face
exceeding 25 square feet.
e. Number of signs. A subject property qualifying for a medium profile sign may have one
, pedestal or monument sign for each street frontage. Each street frontage exceeding 300 linear feet and
containing more than one vehicular access is permitted one additional freestanding sign. No subject
property may contain more than three freestanding signs regardless of total linear street frontage and no
one street frontage may have more thim two freestanding signs. Freestanding signs shall be located a
minimum distance of 200 feet from other freestanding signs on the same subject property.
(3) Low profile sign.
a. Criteria. A subject property located in the office park (OP) or professional office (PO) zone is
permitted a low profile freestanding sign.
b. Sign types. The following sign types are allowed for a low profile sign:
1. Pedestal signs;
2. Monument signs; and
3. Tenant directory signs.
Sign content for any pedestal or monument sign may include center identification signs and/or
changeable copy signs. Any low profile sign may be an electrical sign, an illuminated sign, and/or a neon
SIgn.
c. Sign height. A low profile sign shall not exceed the following maximum heights:
1. Pedestal or monument signs: Five feet.
2. Tenant directory signs: Six feet unless the sign is set back a minimum of 50 feet from any
public right-of-way, in which case it may be 10 feet.
d. Sign area.
1. Pedestal or monument signs: Sign area allowed for a low profile sign shall be calculated at
the rate of one square foot per lineal foot of frontage on a public right-of-way; provided, however, that a
low profile sign shall not exceed a maximum sign area of 80 square feet for the total of all sign faces on
each permitted sign with no one sign face exceeding 40 square feet, and every applicant is entitled to a
minimum sign area of 50 square feet for the total of all sign faces with no one sign face exceeding 25
square feet;
2. Tenant directory signs: 15 square feet per sign face.
e. Number of signs. A subject property qualifying for a low profile sign may have the following
maximum number of signs:
1. Pedestal or monument signs: One sign per frontage on a public right-of-way; and
2. Tenant directory signs: One sign per frontage on a public right-of-way.
(4) Freeway profile signs. In addition to the categories available in subsections (a)(1) and (2) of this
section, a subject property may be permitted an additional freestanding sign if it meets the following:
a. Criteria.
1. Abuts the right-of-way of Interstate 5;
2. Is located in the zoning designation of city center core (CC-C) or community business (BC).
b. Sign type. A pylon or pole sign is allowed; provided, that any pylon or pole sign must have
more than one pole or structural support, and its design must be compatible to the architecture of the
primary structure on-site or to the primary sign(s) already permitted on the subject property.
Alternatively, a pylon or pole sign may have one pole or structural support if it results in superior design,
which shall be subject to the director's approval.
Sign content for any pylon or pole sign may include center identification signs; provided,
however, that all font sizes used are a minimum two feet tall. Any freestanding freeway profile sign may
be an illuminated sign, and/or a neon sign. Animated or moving signs and electronic changeable message
signs shall not be permitted.
Exhibit 14, FWCC Chapter 22, Article XVII, Signs Page ] 8
c. Sign orientation. The sign must be oriented toward 1-5, be visible from 1-5 (not the off-ramps),
and be located near the property line closest to 1-5.
d. Sign height. If the subject property has an elevation lower than the freeway, a freeway profile
sign shall not exceed 25 feet above the elevation of the nearest driving lane of the freeway at a point
nearest to the proposed location of the sign. If the subject property has an elevation that is higher than the
nearest driving lane of the freeway, then the sign shall be no taller than 20 feet above the average finished
ground elevation measured at the midpoint of the sign base. However, the maximum height of the sign
can be increased to 40 feet above the average finished ground elevation measured at the midpoint of the
sign base in order to be visible above trees or other obstructions, subject to the director's approval. The
sign height shall be measured by a licensed surveyor and the applicant shall be responsible for providing
the surveyor.
e. Sign area.
1. For a subject property with a multi-tenant complex, a center identification sign identifying
only the name of the center shall not exceed 600 square feet for the total sign faces, with no one sign face
exceeding 300 square feet.
2. For a subject property with a multi-tenant complex, a center identification sign, which
identifies businesses within the multi-tenant complex, and which is located 50 feet or less from the
advertised activity shall not exceed 600 square feet for the total sign faces, with no one sign face
exceeding 300 square feet.
3. For a subject property with a multi-tenant complex, a center identification sign, which
identifies businesses within the multi-tenant complex, and which is located more than 50 feet from the
advertised activity shall not exceed 300 square feet for the total sign faces, with no one sign face
exceeding 150 square feet. No one dimension of the sign face may exceed 20 feet.
4. For a subject property with a multi-tenant complex, a sign advertising just one business shall
be located 50 feet or less from the advertised activity with no one sign face exceeding 150 square feet. No
, one dimension of the sign face may exceed 20 feet.
5. For a subject property with a single-tenant building, a sign located 50 feet or less from the
advertised activity shall not exceed 600 square feet for the total sign faces, with no one sign face
exceeding 300 square feet.
6. For a subject property with a single-tenant building, a sign located more than 50 feet from
the advertised activity shall not exceed 300 square feet for the total sign faces, with no one sign face
exceeding 150 square feet. No one dimension of the sign face may exceed 20 feet.
f. Number of signs. A subject property qualifying for a freeway profile sign may have only one
freeway profile siWl per subject property.
The applicant shall be responsible for compliance with applicable federal, state and local laws
including Chapter 47.42 RCW and Chapter 468-66 WAC.
(5) Combined sign package for adjacent property owners. The owners of two or more properties that
abut or are separated only by a vehicular access easement or tract may propose a combined sign package
to the city. The city will review and decide upon the proposal using process III. The city may approve the
combined sign package if it will provide more coordinated, effective and efficient signs. The allowable
sign area, sign type, sign height and number of signs will be determined as if the applicants were one
multi-tenant complex.
(b) Building-mounted signs.
(1) Sign types. The following sign types may be building-mounted signs and are allowed in all
nonresidential zoning districts:
a. Awning or canopy signs;
b. Center identification signs;
c. Changeable copy signs;
d. Civic event signs;
Exhibit 14, FWCC Chapter 22, Article XVII, Signs Page 19
.
e. Directional signs, on-site;
f. Electronic changeable message signs;
g. Instructional signs;
h. Marquee signs;
i. Projecting signs;
j. Tenant directory signs;
k. Time and temperature signs;
l. Under canopy signs; and
m. Wall-mounted signs.
Any building-mounted sign may be an electrical sign, an illuminated sign, and/or a neon sign.
(2) Sign height. No s~gn shall project above the roofline of the exposed building face to which it is
attached.
(3) Sign area. The total sign area of building-mounted signs for each business or tenant, excluding
under canopy signs, shall not exceed seven percent of the exposed building face to which it is attached;
provided, however, that no individual sign shall exceed a sign area of 240 square feet and every applicant
is entitled to a minimum sign area of 30 square feet. A multi-tenant complex which does not use a
freestanding sign may have two additional wall-mounted signs. No one sign may exceed seven percent of
the exposed building face to which it is attached, to a maximum of 240 square feet per sign. This sign is
in addition to any other tenant signs on that building face.
(4) Number of signs. The number of building-mounted signs permitted each user is dependent upon
the surface area of the largest single exposed building face of his or her building as follows, excluding
wall-mounted center identification signs:
Largest Exposed Maximum
Building Face Number of Signs
Less than 999 sq. ft. 2
1,000 - 2,999 sq. ft. 3
3,000 - 3,999 sq. ft. 4
4,000 and over sq. ft. 5
Buildings with more than 4,000 square feet on any exposed building face, with several clearly
differentiated departments, each with separate'exterior entrances, are permitted one sign for each different
department with a separate exterior entrance, in addition to the five permitted.
No sign or signs may exceed the maximum area permitted for that building face except as may be
specifically permitted by this code. However, an applicant is allowed to move allotted signs, as calculated
in subsection (b)(4) of this section from one building face to another.
Each business or use shall be permitted under canopy signs in addition to the other permitted
building-mounted signs subject to the size and separation requirements set forth in FWCC 22-
l599( d)(2)(y).
(c) Sign area multipliers. The sign area and sign number allowed, as set forth in subsection (a)(1)(d)
and (a)(1)(e) of this section for high profile signs, (a)(2)(d) and (a)(2)(e) of this section for medium
profile signs, and (a)(3)(d) and (a)(3)(e) of this section for low profile signs and subsection (b)(3) of this
section for building-mounted signs may be increased in the following instances; provided, however, that
in no event shall the sign exceed the maximum sign area allowed:
(1) If no signs on the subject property have internally lighted sign faces, then the total sign area
allowed may be increased by 25 percent.
(2) If all signs, other than center identification signs, are building-mounted signs, the total sign area
allowed may be increased by 25 percent.
Exhibit ]4, FWCC Chapter 22, Article XVII, Signs Page 20
(3) A time and temperature sign may be included with any sign and such time and temperature signs
shall not be included for purposes of calculating maximum sign area or maximum number of signs. (Ord.
No. 95-235, 94, 6-6-95; Ord. No. 96-270, 9 3(F), 7-2-96; Ord. No. 99-348, 9 5, 9-7-99; Ord. No. 99-357, 96, 12-7-
99; Ord. No. 05-486, 93,4-19-05; Ord. No. 05-504, 9 3,10-4-05)
22-1602 Construction standards.
(a) Structural components. To the maximum extent possible, signs should be constructed and installed
so that angle irons, guy wires, braces and other structural elements are not visible. This limitation does not
apply to structural elements that are an integral part of the overall design such as decorative metal or
wood.
(b) Sign setback requirements. The required setback from the property lines for all signs shall be not
less than five feet from the subject property line in residential zones and not less than three feet from the
subject property line in all other zones.
(c) Dimensional and design standards.
(1) Pedestal, pole or pylon signs. The following drawings illustrate the dimensional standards for
pedestal, pole or pylon signs:
~,-
1Ii_....k>1
31011_
.r-~ J ~
Ul~nllls
l1lQ1IilKllllll GOOIIa1 zz,t/miE)
Figure 6 - Type A Pedestal
A 50% ofB
A 50% ofD
B = Height of sign (maximum height - FWCc 22-1601)
C 20% ofB
I
B
~.'Gnnnl
_anior
~ !SlwI b5&
~l;!q_ ~~\a~ ~
""'l"lrodF_7.il-1~Ei
Figure 7 - T:yf)e B Pole or fl}-lort Sigrt
B = Height of sign (maximum height - FWCC 22-1601)
C 20% ofB
E 4 inches
Exhibit 14, FWCC Chapter 22, Article XVII, Signs Page 21
----
(2) Monument signs. The following figures illustrate the dimensional standards for monument signs:
B... "1
I I ~GNFACEI A
i
Figure S - Monument Sign
A: Maximum height of sign per FWCC 22-1601
B: Maximum = 200% of A
C: Minimum = 20% of A
D: Equal to 100% of B
(3) Design criteria.
a. Sign base. The base of the sign must be done in landscape construction materials such as brick,
stucco, stonework, textured wood, tile or textured concrete or materials that are harmonious with the
character of the primary structures on the subject property and subject to the administrator's approval. No
visible gap shall be allowed between the sign base and the finished grade or between the sign face or
cabinet and the sign base.
b. Sign face. The color, shape, material, lettering and other architectural details of the sign face
must be harmonious with the character of the primary structure.
(4) Minor deviations. Minor deviations from the dimensional standards for signs, except for
maximum sign height, may be approved by the administrator if he or she concludes that the resulting sign
does not significantly change the relative proportion of the sign base to the sign face.
(d) Location. No sign shall be so located so as to physically obstruct any door or exit from a building.
No sign shall be located so as to be hazardous to a motorist's or pedestrian's ingress or egress from
buildings or parking areas. No sign shall be located within the clearview zone.
(e) Landscaping around freestanding signs. To improve overall appearance of the sign and to reduce
the risk of motor vehicles hitting the sign or supports of the sign, an area adjacent to the base of each
freestanding sign must be landscaped equal to the sign area; provided, however, that the city will not
require more than 200 square feet of landscaped area. This landscaping must include vegetation and may
include other materials and components such as brick or concrete bases as evidenced in plazas, patios and
other pedestrian areas, planter boxes, pole covers or decorative framing.
Landscaping can include evergreen shrubs, deciduous shrubs, vines, and grouI)dcover or grasses. If low
shrubs and groundcover are to be used, at the time of planting, a minimum of 50 percent of the required
landscaped area should be planted with low shrubs and groundcover such that within two years, 90
percent of the landscaped area is covered. If all grasses are to be used, the landscaped area must be
covered 100 percent at time of planting. Low maintenance plantings are recommended.
Alternative landscape plans may be submitted in writing and will be reviewed on a case-by-case basis.
These may include, but are not limited to, existing plantings in the .area of the sign or landscaping
required to be provided under Article XVII, Landscaping, of this chapter.
(f) Illumination limitations of electrical signs (does not apply to neon signage). No sign may contain or
utilize any of the following:
Exhibit] 4, FWCC Chapter 22, Article XVII, Signs Page 22
(1) Any exposed incandescent lamp with a wattage in excess of25 watts.
(2) Any exposed incandescent lamp with an internal or external reflector.
(3) Any continuous or sequential flashing device or operation.
(4) Except for electronic changeable message signs, any incandescent lamp inside an internally
lighted sign.
(5) External light sources directed towards or shining on vehicular or pedestrian traffic or on a street.
(6) Internally lighted signs using 800-milliamp or larger ballasts if the lamps are spaced closer than
12 inches on center.
(7) Internally lighted signs using 425-milliamp or larger ballasts if the lamps are spaced closer than
six inches on center.
(8) All illumination for externally illuminated signs must be aimed away from nearby residential uses
and oncoming traffic.
(g) Setback and distance measurements. The following guidelines shall be used to determine
compliance with setback and distance measurements: '
(1) The distance between two signs shall be measured along a straight horizontal line that represents
the shortest distance between the two signs.
(2) The distance between a sign and a property line shall be measured along a straight line
representing the shortest distance between the sign and the property line. (Ord. No. 95-235, 9 4, 6-6-95; Ord.
No. 99-348,95,9-7-99; Ord. No. 99-357, 95, 12-7-99; Ord. No. 05-486,9 3,4-19-05)
22-1603 Variance from sign code.
(a) Scope. This section establishes the procedure and criteria the city will use in making a decision
upon an application for a variance from the provisions of this sign code.
(b) Required review process. The city will review and decide upon applications for a variance to any of
the provisions of this article using process IV, Article VII of this Code.
(c) Criteria. The city may grant the variance only if it finds all of the following:
(1) The literal interpretation and strict application of the provisions and requirements of the sign
regulations would cause undue and unnecessary hardship because of unique or unusual conditions
pertaining to the specific building, parcel or subject property;
(2) A sign package consistent with the provisions of this article would not provide the use or the
business with effective signs;
(3) The variance is necessary because of special circumstances relating to the size, shape, topography,
location or surroundings of the subject property to provide it with use rights and privileges permitted to
other properties in the vicinity and zone in which the subject property is located;
(4) The variance is not granted for the convenience of the applicant or for the convenience of regional.
or national businesses which wish to use a standard sign;
(5) The special circumstances of the subject property are not the result of the actions of the applicant,
the owner of the property or a self-induced hardship; and
(6) The granting of the variance will not be materially detrimental to the public welfare or injurious to
the property or improvements in the vicinity and in the zone in which the subject property is located.
(d) Conditions and restrictions. As part of any variance approval of a request under this section, the
city may impose any conditions, limitations or restrictions it considers appropriate under the
circumstances. This may include, but is not limited to, requiring that the owner of the subject property
sign a covenant or other written document to be filed with the county to run with the property by which,
at a time certain or upon specific events, the signs on the subject property would be brought into
compliance with all applicable city regulations then in effect. The city may also require a performance
bond under FWCC 22-1599(i) to ensure compliance with any such condition or restriction. (Ord. No. 95-
235, S 4,6-6-95; Ord. No. 97-291,93,4-1-97; Ord. No, 99-348,95,9-7-99; Ord. No. 99-357, 9 5,12-7-99; Ord.
No. 05-486, 9 3, 4-19-05)
Exhibit 14, FWCC Chapter 22, Article XVII, Signs Page 23
--- ~I
!
22-1604 Compliance and enforcement.
(a) Compliance with other applicable codes. All signs erected or altered under this article must comply
with all applicable federal, state and local regulations relating to signs, including without limitation the
provisions of the International Building Code and the National Electric Code as adopted in FWCC 5-66
by the city. If any provision of this Code is found to be in conflict with any provision of any zoning,
building, fire, safety or health ordinance or code of the city, the provision which establishes the higher
standard shall prevail.
(b) Sign maintenance. All signs must be kept in good repair and in a safe manner at all times. The
property owner must repair damaged or deteriorated signs within 30 days of notification by the city. The
area surrounding freestanding signs must be kept free of litter and debris at all times.
(c) Administrative fee. All signs removed by the city shall be available for recovery by the owner of
such sign for a period of two weeks, after which they will be destroyed. Recovery of any sign removed by
the city shall be subject to payment of an administrative fee to partially cover the city's cost in removing
and storing the sign as follows:
(1) First violation fee: $5.00 per sign.
(2) Subsequent violations fee: $7.00 per sign.
The city shall not be responsible for damages or loss during removal or storage of any signs. This
administrative fee shall be in addition to any civil penalty imposed pursuant to this chapter.
(d) Civil enforcement. Civil enforcement of the provisions of this article and the terms and conditions
of any permit or approval issued pursuant to this article shall be governed as set forth below, and by
Chapter 1 FWCC, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does
not limit any other forms of enforcement available to the city including, but not limited to, criminal
sanctions as specified herein or Chapter 1 FWCC, Articles II and III, nuisance and injunction actions, or
other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of
this article.
(e) Reserved.
(f) Inspection. The administrator is empowered to enter or inspect any building, structure or premises
in the city, upon which, or in connection with which a sign is located, for the purpose of inspection of the
sign, its structural and electrical connections, and to ensure compliance with the provisions of this Code.
Such inspections shall be carried out during business hours, unless an emergency exists.
(g) Abatement by the city.
(1) Authority to remove sign. As part of any abatement action under Chapter 1 FWCC, Article III, the
city or its agents may enter upon the subject property and cause any sign which violates the provisions of
the sign code to be removed at the expense of the owner, tenant, lessee or occupant, either jointly or
severally. In addition to the abatement authority provided by proceedings under Chapter 1 FWCC, Article
III, the city or its agents may summarily remove any sign placed on a right-of-way or public property in
violation of the terms of this article. Recovery of costs for removal of any signs as provided herein shall
be as provided in Chapter 1 FWCC, Article III. (Ord. No. 95-235, 94,6-6-95; Ord. No. 99-342, 9 5,5-4-99;
Ord. No. 05-486,93,4-19-05)
22-1605 Reserved - Comprehensive design plan.
(Ord. No. 95-235, S 4, 6-6-95; Ord. No. 05-486,93,4-19-05)
22-1606 - 22-1629 Reserved.
1:\2006 Code Amendments\Small Lot and Zero Lot Line Amendments\Planning Commission\Exhibit 14 Signs.doc
Exhibit 14, FWCC Chapter 22, Article XVII, Signs Page 24
Exhibit 15
Federal Way City Code (FWCC)
Chapter 22. Zoning.
Article XIX. Community Design Guidelines
Sections:
22-1630 Purpose.
22-1631 Administration.
22-1632 Applicability.
22-1633 Definitions.
22-1634 Site design - All zoning districts.
22-1635 Building design - All zoning districts.
22-1636 Building and pedestrian orientation - All zoning districts.
22-1637 Mixed-use residential buildings in commercial zoning districts.
22-1638 District guidelines.
22-1639 Institutional uses.
22-1640 Design criteria for public on-site open space.
22-1641 Design for cluster residential subdivision lots.
22-1642 - 22-1650 Reserved.
22-1630 Purpose.
The purpose of this article is to:
(1) Implement community design guidelines by:
a. Adopting design guidelines in accordance with land use and development policies
established in the Federal Way comprehensive plan and in accordance with Crime Prevention through
Environmental Design (CPTED) Guidelines.
b. Requiring minimum standards for design review to maintain and protect property values
and enhance the general appearance of the city.
c. Increasing flexibility and encouraging creativity in building and site design, while assuring
quality development pursuant to the comprehensive plan and the purpose of this article.
d. Achieving predictability in design review, balanced with administrative flexibility to
consider the individual merits of proposals.
e. Improving and expanding pedestrian circulation, public open space, and pedestrian
amenities in the city.
(2) Implement Crime Prevention through Environmental Design (CPTED) principles by:
a. Requiring minimum standards for design review to reduce the rate of crime associated with
persons and property, thus providing for the highest standards of public safety.
b. CPTED principles are functionally grouped into the following three categories:
1. Natural Surveillance. This focuses on strategies to design the built environment in a
manner that promotes visibility of public spaces and areas.
2. Access Control. This category focuses on the techniques that prevent and/or deter
unauthorized and/or inappropriate access.
3. Ownership. This category focuses on strategies to reduce the perception of areas as
"ownerless" and, therefore, available for undesirable uses.
c. CPTED principles, design guidelines, and performance standards will be used during
project development review to identify and incorporate design features that reduce opportunities for
criminal activity to occur. The effectiveness of CPTED is based on the fact that criminals make rational
choices about their targets. In general:
Exhibit 15, FWCC Chapter 22, Article XIV, Community Design Page]
1. The greater the risk of being seen, challenged, or caught, the less likely they are to
commit a crime.
2. The greater the effort required, the less likely they are to commit a crime.
3. The lesser the actual or perceived rewards, the less likely they are to commit a crime.
d. Through the use of CPTED principles, the built environment can be designed and managed
to ensure:
1. There is more chance of being seen, challenged, or caught;
2. Greater effort is required;
3. The actual or perceived rewards are less; and
4. Opportunities for criminal activity are minimized. (Ord. No. 96-271, 9 3, 7-2-96; Ord. No.
99-333,93, ]-19-99; Ord. No. 00-382, S 3,1-16-01; Ord. No. 03-443, 9 3, 5-20-03)
22-1631 Administration.
Applications subject to community design guidelines and Crime Prevention through Environmental
Design (CPTED) shall be processed as a component of the governing land use process, and the director of
community development services shall have the authority to approve, modify, or deny proposals under
that process. Decisions under this article will consider proposals on the basis of individual merit and will
encourage creative design alternatives in order to achieve the stated purpose and objectives of this article.
Decisions under this article are appealable using the appeal procedures of the applicable land use process.
(Ord. No. 96-271, 9 3, 7-2-96; Ord. No. 97-291,93,4-1-97; Ord. No. 99-333, 93,1-19-99; Ord. No. 00-382, 9 3,1-
16-01; Ord. No. 03-443, 93,5-20-03)
22-1632 Applicability.
This article shall apply to all development applications except single-family residential, subject to
Chapter 22 FWCC, Zoning. Project proponents shall demonstrate how each CPTED principle is met by
the proposal, or why it is not relevant by either a written explanation or by responding to a checklist
prepared by the city. Subject applications for remodeling or expansion of existing developments shall
meet only those provisions of this article that are determined by the director to be reasonably related and
applicable to the area of expansion or remodeling. This article in no way should be construed to supersede
or modify any other city codes, ordinances, or policies that apply to the proposal. (Ord. No. 96-271, 9 3, 7-
2-96; Ord. No. 97-291, S 3, 4-1-97; Ord. No. 99-333, 9 3,1-19-99; Ord. No. 00-382, 9 3,1-16-01; Ord. No. 03-443,
9 3, 5-20-03)
22-1633 Definitions.
(1) Active users) means uses that by their very nature generate activity, and thus opportunities for
natural surveillance, such as picnic areas, extracurricular school activities, exercise groups, etc.
(2) Arcade means a linear pedestrian walkway that abuts and runs along the facade of a building. It is
covered, but not enclosed, and open at all times to public use. Typically, it has a line of columns along its
open side. There may be habitable space above the arcade.
(3) Awning means a roof-like cover that is temporary or portable in nature and that projects from the
wall of a building for the purpose of shielding a doorway or window from the elements.
(4) Canopy means a permanent, cantilevered extension of a building that typically projects over a
pedestrian walkway abutting and running along the facade of a building, with no habitable space above
the canopy. A canopy roof is comprised of rigid materials.
(5) Common/open space area means area within a development, which is used primarily by the
occupants of that development, such as an entryway, lobby, courtyard, outside dining areas, etc.
(6) Natural surveillance means easy observation of buildings, spaces, and activities by people passing
or living/working/recreating nearby.
(7) Parking structure means a building or structure consisting of more than one level, above and/or
below ground, and used for temporary storage of motor vehicles.
(8) Plaza means a pedestrian space that is available for public use and is situated near a main entrance
to a building or is clearly visible and accessible from the adjacent right-of-way. Typical features and
Exhibit 15, FWCC Chapter 22, Article XIV, Community Design Page 2
--:,J
furnishings include special paving, landscaping, pedestrian scale lighting, seating areas, weather
protection, water features, art, trash receptacles, and bicycle racks.
(9) Public on-site open space means a passive and/or active recreational area designed specifically for
use by the general public as opposed to serving merely as a setting for the building. Such areas may
include parks, gardens, plazas, entrance lobbies, arboretums, solariums, and bandstands, or an approved
combination thereof, and may contain exterior and/or interior spaces. Such areas shall be easily accessible
from adjacent public areas and available to the public at least 12 hours each weekday. Public on-site open
space may be privately owned, but must be permanently set aside and maintained for the use and benefit
of the public.
(10) Right-ofway means land owned, dedicated or conveyed to the public, used primarily for the
movement of vehicles, wheelchair and pedestrian traffic, and land privately owned, used primarily for the
movement of vehicles, wheelchair and pedestrian traffic; so long as such privately owned land has been
constructed in compliance with all applicable laws and standards for a public right-of-way.
(11) Sight line means the line of vision from a person to a place or building.
(12) Streetscape means the visual character and quality of a street as determined by various elements
located betWeen the street and building fas;ades, such as trees and other landscaping, street furniture,
artwork, transit stops, and the architectural quality of street-facing building fas;ades.
(13) Streetscape amenities, as used in this article, means pedestrian-oriented features and furnishings
within the streetscape, such as bench seats or sitting walls, weather protection, water features, art, transit
stops with seating, architectural fas;ade treatments, garden space associated with residences, pedestrian-
scale lighting, landscaping that does not block views from the street or adjacent buildings, special paving,
kiosks, trellises, trash receptacles, and bike racks.
(14) Surface parking lot means an off-street, ground level open area, usually improved, for the
temporary storage of motor vehicles.
(15) Transparent glass means windows that are transparent enough to permit the view of activities
within a building from nearby streets, sidewalks and public spaces. Tinting or some coloration is
permitted, provided a reasonable level of visibility is achieved. Reflective or very dark tinted glass does
not accomplish this objective.
(16) Water feature means a fountain, .cascade, stream water, water wall, water sculpture, or reflection
pond. The purpose is to serve as a focal point for pedestrian activity. (Ord. No. 96-271, 9 3, 7-2-96; Ord. No.
99-333,93,1-19-99; Ord. No. 00-382, 9 3,1-16-01; Ord. No. 03-443, 9 3, 5-20-03)
22-1634 Site design - All zoning districts.
(a) General criteria.
(1) Natural amenities such as views, significant or unique trees, creeks, riparian corridors, and
similar features unique to the site should be incorporated into the design.
(2) Pedestrian areas and amenities should be incorporated in the overall site design. Pedestrian
areas include but are not limited to outdoor plazas, arcades, courtyards, seating areas, and amphitheaters.
Pedestrian amenities include but are not limited to outdoor benches, tables and other furniture, balconies,
gazebos, transparent glass at the ground floor, and landscaping.
(3) Pedestrian areas should be easily seen, accessible, and located to take 'advantage of
surrounding features such as building entrances, open spaces, significant landscaping, unique topography
or architecture, and solar exposure.
(4) Project designers shall strive for overall design continuity by using similar elements
throughout the project such as architectural style and features, materials, colors, and textures.
(5) Place physical features, activities, and people in visible locations to maximize the ability to be
seen, and therefore, discourage crime. For example, place cafes and food kiosks in parks to increase
natural surveillance by park users, and place laundry facilities near play equipment in multiple-family
residential development. A void barriers, such as tall or overgrown landscaping or outbuildings, where
they make it difficult to observe activity.
Exhibit ]5, FWCC Chapter 22, Article XIV, Community Design Page 3
(6) Provide access control by utilizing physical barriers such as bollards, fences, doorways, etc.,
or by security hardware such as locks, chains, and alarms. Where appropriate, utilize security guards. All
of these methods result in increased effort to commit a crime and, therefore, reduce the potential for it to
happen.
(7) Design buildings and utilize site design that reflects ownership. For example, fences, paving,
art, signs, good maintenance, and landscaping are some physical ways to express ownership. Identifying
intruders is much easier in a well-defined space. An area that looks protected gives the impression that
greater effort is required to commit a crime. A cared-for environment can also reduce fear of crime. Areas
that are run down and the subject of graffiti and vandalism are generally more intimidating than areas that
do not display such characteristics.
(b) Surface parking lots.
-( 1) Site and landscape design for parking lots are subject to the requirements of Article XVII of
this chapter.
(2) Vehicle turning movements shall be minimized. Parking aisles without loop access are
discouraged. Parking and vehicle circulation areas shall be clearly delineated using directional signage.
(3) Driveways shall be located to be visible from the right-of-way but not impede pedestrian
circulation on-site or to adjoining properties. Driveways should be shared with adjacent properties to
minimize the number of driveways and curb cuts.
(4) Multi-tenant developments with large surface parking lots adjacent to a right-of-way are
encouraged to incorporate retail pads against the right-of-way to help break up the large areas of
pavement.
(5).see FWCC 22-1638 for supplemental guidelines.
(c) Parking structures (includes parking floors located within commercial buildings).
(1) The bulk (or mass) of a parking structure as seen from the right-of-way should be minimized
by placing its short dimension along the street edge. The parking structure should include active uses such
as retail, offices or other commercial uses at the ground level and/or along the street frontage.
(2) Parking structures which are part of new development shall be architecturally consistent with
exterior architectural elements of the primary structure, including rooflines, facade design, and finish
materials.
(3) Parking structures' should incorporate methods of articulation and accessory elements,
pursuant to FWCC 22-1635( c )(2), on facades located above ground level.
(4) Buildings built over parking should not appear to "float" over the parking area, but should be
linked with ground level uses or screening. Parking at grade under a building is discouraged unless the
parking area is completely enclosed within the building or wholly screened with walls and/or landscaped
berms.
(5) Top deck lighting on multi-level parking structures shall be architecturally integrated with the
building, and screened to control impacts to off-site uses. Exposed fluorescent light fixtures are not
permitted.
(6) Parking structures and vehicle entrances should be designed to minimize views into the garage
interior from surrounding streets. Methods to help minimize such views may include, but are not limited
to landscaping, planters, and decorative grilles and screens.
(7) Security grilles for parking structures shall be architecturally consistent with and integrated
with the overall design. Chain-link fencing is not permitted for garage security fencing.
(8) See FWCC 22-1638(c)(4) for supplemental guidelines.
(d) Pedestrian circulation and public spaces.
(1) Primary entrances to buildings, except for zero-lot line townhouse development and attached
dwelling units oriented around an internal courtyard, should be clearly visible or recognizable from the
right-of-way. Pedestrian pathways from rights-of-way and bus stops to primary entrances, from parking
lots to primary entrances, and pedestrian areas, shall be accessible and should be clearly delineated.
Exhibit 15, FWCC Chapter 22, Article XIV, Community Design Page 4
(2) Pedestrian pathways and pedestrian areas should be delineated by separate paved routes using
a variation in paved texture and color, and protected from abutting vehicle circulation areas with
landscaping. Approved methods of delineation include: stone, brick or granite pavers; exposed aggregate;
or stamped and colored concrete. Paint striping on asphalt as a method of delineation is not encouraged.
Figure. J . S\X"~ 22 . 1634 (d)
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(3) Pedestrian connections should be provided between properties to establish pedestrian links to
adjacent buildings, parking, pedestrian areas and public rights-of-way.
(4) Bicycle racks should be provided for all commercial developments.
(5) Outdoor furniture, fixtures, and streetscape elements, such as lighting, freestanding signs,
trellises, arbors, raised planters, benches and other forms of seating, trash receptacles, bus stops, phone
booths, fencing, etc., should be incorporated into the site design.
(6) See FWCC 22-1638 for supplemental guidelines.
(e) Landscaping. Refer to Article XVII of this chapter for specific landscaping requirements and for
definitions of landscaping types referenced throughout this article.
(f) Commercial service and institutional facilities. Refer to FWCC 22-949 and 22-1564 for
requirements related to garbage and recycling receptacles, placement and screening.
(1) Commercial services relating to loading, storage, trash and recycling should be located in such
a manner as to optimize public circulation and minimize visibility into such facilities.
Service yards shall comply with the following:
a. Service yards and loading areas shall be designed and located for easy access by service
vehicles and tenants and shall not displace required landscaping, impede other site uses, or create a
nuisance for adjacent property owners.
b. Trash and recycling receptacles shall include covers to prevent odor and wind blown litter.
Exhibit 15, FWCC Chapter 22, Article XIV, Community Design Page 5
c. Service yard walls, enclosures, and similar accessory site elements shall be consistent with
the primary building(s) relative to architecture, materials and colors.
d. Chain-link fencing shall not be used where visible from public streets, on-site major drive
aisles, adjacent residential uses, or pedestrian areas. Barbed or razor wire shall not be used.
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(2) Site utilities shall comply with the following:
a. Building utility equipment such as electrical panels and junction boxes should be located in
an interior utility room.
b. Site utilities including transformers, fire standpipes and engineered retention ponds (except
biofiltration swales) should not be the dominant element of the front landscape area. When these must be
located in a front yard, they shall be either undergrounded or screened by walls and/or Type I
landscaping, and shall not obstruct views of tenant common spaces, public open spaces, monument signs,
and/or driveways.
(g) Miscellaneous site elements.
(1) Lighting shall comply with the following:
a. Lighting levels shall not spill onto adjacent properties pursuant to FWCC 22-954( c).
b. Lighting shall be provided in all loading, storage, and circulation areas, but shall
incorporate cut-off shields to prevent off.site glare.
Exhibit 15, FWCC Chapter 22, Article XIV, Community Design Page 6
c. Light standards shall not reduce the amount of landscaping required for the project by
Article XVII of this chapter, Landscaping.
(2) Drive-through facilities such as banks, cleaners, fast food, drug stores and service stations,
etc., shall comply with the following:
a. Drive-through windows and stacking lanes are not encouraged along facades of buildings
that face a right-of-way. If they are permitted in such a location, then they shall be visually screened from
such street by Type III landscaping and/or architectural element, or combination thereof; provided, such
elements reflect the primary building and provide appropriate screening.
b. The stacking lane shall be physically separated from the parking lot, sidewalk, and
pedestrian areas by Type III landscaping and/or architectural element, or combination thereof; provided,
such elements reflect the primary building and provide appropriate separation. Painted lanes are not
sufficient.
c. Drive-through speakers shall not be audible off-site.
d. A bypass/escape lane is recollmended for all drive-through facilities.
e. See FWCC 22-1638(d) for supplemental guidelines. (Ord. No. 96-271, 9 3, 7-2-96; Ord. No.
99-333,93,1-19-99; Ord. No. 00-382, 9 3,1-16-01; Ord. No. 03-443, 93,5-20-03)
22-1635 Building design - All zoning districts.
(a) General criteria.
(1) Emphasize, rather than obscure, natural topography. Buildings should be designed to "step
up" or "step down" hillsides to accommodate significant changes in elevation, unless this provision is
precluded by other site elements such as stormwater design, optimal traffic circulation, or the proposed
function or use of the site.
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(2) Building siting or massing shall preserve public viewpoints as designated by the
comprehensive plan or other adopted plans or policies.
(3) Materials and design features of fences and walls should reflect that of the primary
building( s).
(b) Building facade modulation and screening options, defined. Except for zero-lot line townhouse
development and attached dwelling units, All all building facades that are both longer than 60 feet and are
visible from either a right-of-way or residential use or zone shall incorporate facade treatment according
to this section. Subject facades shall incorporate at least two of the four options described herein; except,
however, facades that are solidly screened by Type I landscaping, pursuant to Article XVII of this
chapter, Landscaping, may use facade modulation as the sole option under this section. Options used
under this section shall be incorporated along the entire length of the facade, in any approved
combination. Options used must meet the dimensional standards as specified herein; except, however, if
Exhibit 15, FWCC Chapter 22, Article XIV, Community Design Page 7
more than two are used, dimensional requirements for each option will be determined on a case-by-case
basis; provided, that the gross area of a pedestrian plaza may not be less than the specified minimum of
200 square feet. See FWCC 22-l638(c) for guidelines pertaining to city center core and city center frame.
(1) Facade modulation. Minimum depth: two feet; minimum width: six feet; maximum width: 60
feet. Alternative methods to shape a building such as angled or curved facade elements, off-set planes,
wing walls and terracing, will be considered; provided, that the intent of this section is met.
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(2) Landscape screening. Eight-foot-wide Type II landscape screening along the base of the
facade, except Type IV may be used in place of Type II for facades that are comprised of 50 percent or
more window area, and around building entrance(s). For building facades that are located adjacent to a
property line, some or all of the underlying buffer width required by Article XVII of this chapter,
Landscaping, may be considered in meeting the landscape width requirement of this section.
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(3) Canopy or arcade. As a modulation option, canopies or arcades may be used only along
facades that are visible from a right-of-way. Minimum length: 50 percent of the length of the facade using
this option.
(4) Pedestrian plaza. Size of plaza: Plaza square footage is equal to one percent of the gross floor
area of the building, but it must be a minimum of 200 square feet. The plaza should be clearly visible and
accessible from the adjacent right-of-way.
Exhibit 15, FWCC Chapter 22, Article XIV, Community Design Page 8
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(C) Building articulation and scale.
(1) Except for zero-lot line townhouse development and attached dwelling units. Bhuilding
facades visible from rights-of-way and other public areas should incorporate methods of articulation and
accessory elements in the overall architectural design, as described in subsection (c )(2) of this section.
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Exhibit 15, FWCC Chapter 22, Article XIV, Community Design Page 9
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(2) Methods to articulate blank walls: Following is a nonexclusive list of methods to articulate
blank walls, pursuant to FWCC 22-1564(u) and subsection (c)(1) of this section:
a. Showcase, display, recessed windows;
b. Window openings with visible trim material, or painted detailing that resembles trim;
c. Vertical trellis(es) in front ofthe wall with climbing vines or similar planting;
d. Set the wall back and provide a landscaped or raised planter bed in front of the wall, with
plant material that will obscure or screen the wall's surface;
e. Artwork such as mosaics, murals, decorative masonry or metal patterns or grillwork,
sculptures, relief, etc., over a substantial portion of the blank wall surface. (The Federal Way arts
commission may be used as an advisory body at the discretion of the planning staff);
f. Architectural features such as setbacks, indentations, overhangs, projections, articulated
cornices, bays, reveals, canopies, and awnings;
g. Material variations such as colors, brick or metal banding, or textural changes; and
h. Landscaped public plaza(s) with spac.e for vendor carts, concerts and other pedestrian
activities.
(3) See FWCC 22-1638(c) for supplemental guidelines. (Ord. No. 96-271, S 3, 7-2-96; Ord, No. 99-
333,93, ]-19-99; Ord. No. 00-382, S 3,1-16-01; Ord. No. 03-443, 9 3, 5-20-03)
Exhibit 15, FWCC Chapter 22, Article XIV, Community Design Page 10
22-1636 Building and pedestrian orientation - All zoning districts.
(a) Building and pedestrian orientation, for all buildings except zero-lot line townhouse development
and attached dwelling units.
(1) Buildings should generally be oriented to rights-of-way, as more particularly described in
FWCC 22-1638. Features such as entries, lobbies, and display windows, should be oriented to the right-
of-way; otherwise, screening or art features such as trellises, artwork, murals, landscaping, or
combinations thereof, should be incorporated into the street-oriented facade.
(2) Plazas, public open spaces and entries should be located at street corners to optimize
pedestrian access and use.
Figure l4. go:-c. 22 . 1636 (it)
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(3) All buildings adjacent to .the street should provide visual access from the street into human
services and activities within the building, if applicable.
(4) Multiple buildings on the same site should incorporate public spaces (formal or informal). These
should be integrated by elements such as plazas, walkways, and landscaping along pedestrian pathways, to
provide a clear view to destinations, and to create a unified, campus-like development. (Ord. No. 96-271, 93,
7-2-96; Ord. No. 99-333, 9 3,1-19-99; Ord. No. 00-382, 9 3, 1-16-01; Ord. No. 03-443, S 3, 5-20-03)
22-1637 Mixed-use residential buildings in commercial zoning districts.
Facades of mixed-use buildings that front a public right-of-way shall meet the following guidelines:
(1) Residential component(s) shall contain residential design features and details, such as
individual windows with window trim, balconies or decks in upper stories, bay windows that extend out
from the building face, upper story setbacks from the building face, gabled roof forms, canopies,
overhangs, and a variety of materials, colors, and textures.
(2) Commercial component(s) shall contain individual or common ground-level entrances to
adjacent public sidewalks.
(3) Commercial and residential components may have different architectural expressions, but the
fayade shall exhibit a number of unifying elements to produce the effect of an integrated project.
(4) If parking occupies the ground level, see FWCC 22-1634(c).
Exhibit 15, FWCC Chapter 22, Article XIV, Community Design Page 11
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(5) Landscaped gardens, courtyards, or enclosed terraces for private use by residents should be
designed with minimum exposure to the right-of-way. (Ord. No. 96-271, 93, 7-2-96; Ord. No. 99-333, S 3, 1-
19-99; Ord. No. 00-382,93, 1-16-01; Ord. No. 03-443, 9 3, 5-20-03)
22-1638 District guidelines.
In addition to the foregoing development guidelines, the following supplemental guidelines apply to
individual zoning districts:
(a) Professional office (PO), neighborhood business (BN), and community business (Be).
(1) Surface parking may be located behind the building, to the side(s) of the building, or adjacent
to the right-of-way; provided, however, that parking located adjacent to the right-of-way maximizes
pedestrian access and circulation pursuant to FWCC 22-1634( d).
(2) Entrance facades shall front on, face, or be clearly recognizable from the right-of-way; and
should incorporate windows and other methods of articulation.
(3) Ground-level mirrored or reflective glass is not encouraged adjacent to a public right-of-way
or pedestrian area.
(4) If utilized, chain-link fences visible from public rights-of-way shall utilize vinyl-coated mesh
and powder-coated poles.
For residential uses only:
(5) Significant trees shall be retained within a 20-foot perimeter strip around site.
(6) Landscaped yards shall be provided between building(s) and public street(s). Parking lots
should be beside or behind buildings that front upon streets.
(7) Parking lots should be broken up into rows containing no more than 10 adjacent stalls,
separated by planting areas.
(8) Pedestrian walkways (minimum six feet wide) shall be provided between the interior of the
project and the public sidewalk.
(9) Lighting fixtures should not exceed 20 feet in height and shall include cutoff shields. This
shall not apply to public parks and school stadiums and other comparable large institutional uses. The
maximum height for large institutional uses shall be 30 feet and shall include cutoff shields.
Exhibit 15, FWCC Chapter 22, Article XIV, Community Design Page 12
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(10) Principal entries to buildings shall be highlighted with plaza or garden areas containing
planting, lighting, seating, trellises and other features. Such areas shall be located and designed so
windows overlook them.
Figure 17 - &t:. 22.. 1638 (a)
,(11) Common recreational spaces shall be located and arranged so that windows overlook them.
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(12) Units on the ground floor (when permitted) shall have private outdoor spaces adjacent to
them so those exterior portions of the site are controlled by individual households.
ExhibiJ15, FWCC Chapter 22, ArJicle XIV, Community Design Page 13
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(13) All new buildings, including accessory buildings, such as carports and garages shall appear
to have a roof pitch ranging from at least 4:12 to a maximum of 12:12.
.
F41uR:20. Sec. 22. 1638 (n)
(14) Carports and garages in front yards should be discouraged.
(15) The longest dimension of any building facade shall not exceed 120 feet. Buildings on the
same site may be connected by covered pedestrian walkways.
(16) Buildings should be designed to have a distinct "base," "middle" and "top." The base
(typically the first floor) should contain the greatest number of architectural elements such as windows,
materials, details, overhangs, cornice lines, and masonry belt courses. The midsection, by comparison,
may be simple. (Note: single-story buildings have no middle.) The top should avoid the appearance of a
flat roof and include distinctive roof shapes including but not limited to pitched, vaulted or terraced, etc.
Flg~lre 21 - See, 2'2 - 16:>8 la)
(17) Residential design features, including but not limited to entry porches, projecting window
bays, balconies or decks, individual windows (rather than strip windows), offsets and cascading or
stepped roof forms, shall be incorporated into all buildings. Window openings shall have visible trim
material or painted detailing that resembles trim.
(18) Subsection (a)(13) of this section shall apply to self-service storage facilities.
(b) Office park (OP), corporate park (CP), and business park (BP).
(1) Surface parking may be located behind the building, to the side(s) of the building, or adjacent
to the right-of-way; provided, however, that parking located adjacent to the right-of-way maximizes
pedestrian access and circulation pursuant to FWCC 22-1634( d).
Exhibit 15, FWCC Chapter 22, Article XIV, Community Design Page 14
(2) Buildings with ground floor retail sales or services should orient major entrances, display
windows and other pedestrian features to the right-of-way to the extent possible.
(3) Ground-level mirrored or reflective glass is not encouraged adjacent to a public right-of-way
or pedestrian area.
(4) If utilized, chain-link fences visible from public rights-of-way shall utilize vinyl-coated mesh
and powder-coated poles.
For non-single-family residential uses only:
(5) Subsections (a)(5) through (a)(17) of this section shall apply.
(c) City center core (CC-C) and city center frame (CC-F).
(1) The city center core and frame contains transitional forms of development with surface parking
areas. However, as new development or redevelopment occurs, the visual dominance of surface parking
areas shall be eliminated or reduced.
Therefore, parking shall be located behind building(s), with building(s) located between rights-of-way
and the parking area(s), or in structured parking, and any parking located along a right-of-way is subject
to the following criteria:
a. In the City Center-Core, surface parking and driving areas may not occupy more than 25%
of the project's linear frontage along principal pedestrian right(s)-of-way, as determined by the director.
b. In the City Center-Frame, surface parking and driving areas may not occupy more than
40% of the project's linear frontage along principal pedestrian right(s)-of-way, as determined by the
director.
c. A greater amount of parking and driving areas than is specified in (a) and (b), above, may
be located along other rights-of-way, provided that the parking is not the predominant use along such
right-of-way, as determined by the director.
(2) Principal entrance fayades shall front on, face, or be clearly recognizable from the right-of-
way, and/or from the principal pedestrian right-of-way, as determined by the director, for projects
exposed to more than one right-of-way.
(3) Building fayades shall incorporate a combination of fayade treatment options as listed in S 22-
1635(b) and 22-1635(c)(2), to a degree that is appropriate to the building size, scale, design, and site
context, and according to the following guidelines:
a. Principal fayades containing a major entrance, or located along a right-of-way, or clearly
visible from a right-of-way or public sidewalk, shall incorporate a variety of pedestrian-oriented
architectural treatments, including distinctive and prominent entrance features; transparent glass such as
windows, doors, or window displays in and adjacent to major entrances; structural modulation where
appropriate to break down building bulk and scale; modulated roof lines, forms, and heights; architectural
articulation; canopies; arcades; pedestrian plazas; murals or other artwork; and streets cape amenities. At
least 40% of any ground level principal fayade located along a right-of-way must contain transparent
glass. Landscaping shall be used to define and highlight building entrances, plazas, windows, walkways,
and open space, and may include container gardens, wall and window planters, hanging baskets, seasonal
beds, trellises, vines, espaliered trees and shrubs, and rooftop gardens. Landscaping should not block
views to the building or across the site. Foundation landscaping may be used to enhance but not replace
architectural treatments.
b. Secondary fayades not containing a major building entrance, or located along a right-of-
way, or clearly visible from a right-of-way or public sidewalk, may incorporate fayade treatments that are
less pedestrian-oriented than in (3)(a) above, such as a combination of structural modulation,
architectural articulation, and foundation landscaping.
c. Principal facades of single story buildings with more than 16,000 sq. ft. of gross ground
floor area shall emphasize fayade treatments that reduce the overall appearance of bulk and achieve a
human scale. This may be accomplished through such design techniques as a series of distinctive entrance
modules or "storefronts" framed by projecting, offset rooflines, and/or a major pedestrian plaza adjacent
to the entrance.
Exhibit 15, FWCC Chapter 22, Article XIV, Community Design Page 15
(4) Pedestrian pathways shall be provided from rights-of-way, bus stops, parking areas, and any
pedestrian plazas and public on-site open space, to primary building entrances. Where a use fronts more
than one right-of-way, pedestrian access shall be provided from both rights-of-way, or from the right-of-
way nearest to the principal building entrance. Multiple-tenant complexes shall provide pedestrian
walkways connecting all major business entrances on the site. Pedestrian pathways shall be clearly
delineated by separate paved routes using a variation in color and texture, and shall be integrated with the
landscape plan. Principal cross-site pedestrian pathways shall have a minimum clear width of six ft. in the
City Center-Frame, and a minimum clear width of eight ft. in the City Center-Core, and shall be protected
from abutting parking and vehicular circulation areas with landscaping.
(5) Drive-through facilities and stacking lanes shall not be located along, or in conjunction with, a
building facade that faces or is clearly visible from a right-of-way, public sidewalk, or pedestrian plaza.
Such facilities shall be located along other, secondary fas;ades, as determined by the director, and shall
meet the separation, screening, and design standards listed in S 22-1634(g)(2)b, c, and d.
(6) Above-grade parking structures with a ground level facade visible from a right-of-way shall
incorporate any combination ofthe following elements at the ground level:
a. Retail, commercial, or office uses that occupy at least 50 percent of the Quilding's lineal
frontage along the right-of-way; or
b. A 15-foot-wide strip of Type III landscaping along the base ofthe facade; or
c. A decorative grille or screen that conceals interior parking areas from the right-of-way.
(7) Facades of parking structures shall be articulated above the ground level pursuant to FWCC
22-1635(c)(I).
(8) When curtain wall glass and steel systems are used to enclose a building, the glazing panels
shall be transparent on 50 percent of the ground floor facade fronting a right-of-way or pedestrian area.
(9) Chain-link fences shall not be allowed. Barbed or razor wire shall not be used.
(10) For residential uses, subsections (a)(6) through (a)(9); (a) (1 1); (a)(12); (a)(14); (a)(16); and
(a)(17) ofthis section shall apply.
(d) For all residential zones.
(1) Nonresidential uses. Subsections (a)(5) through (a)(10) and (a)(13) through (a)(17) of this
section shall apply.
(2) Non-single-family residential uses except for zero-lot line townhouse residential uses and
attached dwelling units. Subsections (a)(5) through (a) (1 7) of this section shall apply.
(3) Zero lot line townhouse residential uses and attached dwelling units. Subsections (a)(9),
(a)(1l) through (a)(14), and (a) (17) of this section shall apply. (Ord. No. 96-271, 9 3, 7-2-96; Ord. No. 99-
333,93,1-19-99; Ord. No. 00-382,93, 1-16-01; Ord. No. 03-443, 9 3, 5-20-03) FIX THIS SECTION.
22-1639 Institutional uses.
In all zoning districts where such uses are permitted the following shall apply:
(1) FWCC 22-1634, 22-1635 and 22-1636.
(2) FWCC 22-1638(a)(1) through (a)(5) and (a)(7) through (a)(9).
(3) Building facades that exceed 120 feet in length and are visible from an adjacent residential
zone, right-of-way or public park or recreation area shall incorporate a significant structural modulation
(offset). The minimum depth of the modulation shall be approximately equal to 10 percent of the total
length of the subject facade and the minimum width shall be approximately twice the minimum depth.
The modulation shall be integral to the building structure from base to roofline.
(4) Roof design shall utilize forms and materials that avoid the general appearance of a "flat"
roof. Rooflines with an integral and obvious architectural pitch are an approved method to meet this
guideline. Alternative distinctive roof forms such as varied and multiple stepped rooflines, architectural
parapets, articulated cornices and fascias, arches, eyebrows, and similar methods will be considered by
the director; provided, that the roof design minimizes uninterrupted horizontal planes and results in
architectural and visual appeal.
Exhibit 15, FWCC Chapter 22, Article XIV, Community Design Page 16
(5) Alternative methods to organize and shape the structural elements of a building and provide
facade treatment pursuant to FWCC 22-1635(b) and/or subsection (a)(3) of this section will be considered
by the director as part of an overall design that addresses the following criteria:
a. Facade design incorporates at least two of the options listed at FWCC 22-1635(b);
b. The location and dimensions of structural modulations are proportionate to the height and
length ofthe subject facade, using FWCC 22-1635(b) and subsection (a)(3) of this section as a guideline;
c. Facade design incorporates a majority of architectural and accessory design elements listed
at FWCC 22-1635(c)(2) and maximizes building and pedestrian orientation pursuant to FWCC 22-1636;
and
d. Overall building design utilizes a combination of structural modulation, facade treatment,
and roof elements that organize and vary building bulk and scale, add architectural interest, and appeal at
a pedestrian scale, and when viewed from an adjacent residential zone, rights-of-way, or other public
area, results in a project that meets the intent of these guidelines.
(6) The director may permit or require modifications to the parking area landscaping standards of
FWcC 22-1638(a)(7) for landscape designs that preserve and enhance existing natural features and
systems; provided, that the total amount of existing and proposed landscaping within parking area(s)
meets the applicable square footage requirement of FWCC Article XVII, Landscaping, and the location
and arrangement of such landscaping is approved by the director. Existing natural features and systems
include environmentally sensitive areas, stands of significant trees and native vegetation, natural
topography and drainage patterns, wildlife habitat, migration corridors, and connectivity to adjacent
habitats. (Ord. No. 03-443, 9 3, 5-20-03)
22-1640 Design criteria for public on-site open space.
The following guidelines apply to public on-site open space that is developed pursuant to Article XI,
Division 8, of this chapter. All open space proposed under this section shall meet the definition of public
on-site open space as set forth in this article and all of the following criteria:
(1) The total minimum amount of open space that shall be provided in exchange for bonus height
is equal to 2.5 percent of the "bonus" floor area, in gross square feet, provided that the total open space
area shall not be less than 500 sq. ft.
(2) The open space may be arranged in more than one piece if appropriate to the site context, as
determined by the director.
(3) The open space shall abut on, or be clearly visible and accessible from, a public right-of-way
or pedestrian pathway.
(4) The open space shall be bordered on at least one side by, or be readily accessible from,
structure(s) with entries to retail, office, housing, civic/public uses, or another public 9pen space.
(5) The open space shall not be located on asphalt or gravel pavement, or be adjacent to
unscreened parking lots, chain link fences, or on-site blank walls, and may not be used for parking,
loading, or vehicular access.
(6) The open space shall be sufficiently designed and appointed to serve as a major focal point
and public gathering place. It shall include a significant number of pedestrian-oriented features,
furnishings, and amenities typically found in plazas and streetscapes, and as defined in this article; such as
seating or sitting walls, lighting, weather protection, special paving, landscaping, trash receptacles, and
bicycle racks. In addition, the open space(s) should provide one or more significant visual or functional
amenity such as a water feature, artwork, or public restroom, and should allow for active uses such as
vending, farmers' markets, live performing arts space, and art shows. (Ord. No. 96-271, 9 3,7-2-96; Ord. No.
99-333,93, 1-19-99; Ord. No. 00-382,93,1-16-01; Ord. No. 03-443, 93,5-20-03)
1:\2006 Code Amendments\Small Lot and Zero Lot Line Amendments\Planning Commission\Exhibit 15 Community Design,doc
Exhibit 15, FWCC Chapter 22, Article XIV, Community Design Page 17
Exhibit 17
22-'756 Nlu\ti-unit hOusing.
The following useS shall be nennitted in co""""nlty busineSS (Be) zone snbiect to the """Ia<<ons and noteS set forth in this secuoo
USE ZONE CllART
'" DIRECTIONS' fiRS'. ",d d,"" " 'md '" . .' T"lON. .ow" "",roUL' TIONS
z.
0 Minimums
... ReQuired '{ ards ~
~
....l '" '" Be
;:;J '" .,
., U
V U ..
g Z c.
~ .",0- ~ 'O~ ",,'"
~ ~ on
-:::> ~ :> ~ :cB .- '" SPECIAL REGULATIONS AND NOTES
,- ., ';;' ~ ... onU ;y~
\JSE => ,- .,
<1';;0 ... .. '<; S
8 .", C2. ~t.
C2.C2. 0 ;;,
\} ....l u. ':C'"
Multi-unit ProcesS \\ None Multi-unit 35 ft, 1.7 per unit I. ""',,'" ""'..' ,-" (II. .'" ""'~ ,h ,,~,~ ~, ,,-' " \I. .""~ ",.,' b.M'" .,,,,,,,. " · ~",m."r ;; II. "
,II ,\I" .n""'''.- .. ,., . . .
Musing possible Musing: above ' T1< .MII""" ",,,,, " ..-.~" _m""'''' ," ".'00'. - oo"'~,,. m ," b"ldm" ".
(~ Process average Milled use b. T1< ""'i" p_' '"" ", ,di"" "",.-"",,,, .,'d"'"' ro'" "" . .
~ H\ Same as these building development. .. "oh "".",. ,." ."""" ,'" "",,~ " ,...~d ,m \I .. woh ,m n .. ,,~... "".M " \I ,"'~ ",... ",.ldm.
stacked regulations for elevation senior citizen ~\e"atio\l; and '
dwe\\ing See note \ ground floor use and special d T1< ,~_ """.,.111 ". ,,,,,,,,.~ dO"'''' " ,I< "",.-'" P'" ."' . .
units) I Senior citizen or See notes needs ,. T1< ,~_ ,.,,,,, " 00" ,,,.m .." "" ,", poll... '" '" .., · r ,,. ,oh'" p"p.'" " ...""I<d " .' "",.,,,"~ pO"
special needs I and 6 Musing: ' ",.,;.,.11 ,." '" ~, ", b' _'" .' ,I< "".,d \I." ,h ,,,,,,,,,,,. TI< "".,,, n,,' ,\II< '''~... ,m" "", m '" m ...
Musing', Determined ""'. .... .,,,,,",,, " .. "m, "'..... """",.1><, " ~"", -', ",,,,,, ..., ,."' · .., .'
Senior ,. TI. ,ohi<" p....., """, ",." '. "" ",. \I ,f .""" P'" d..II'~' "" " ., .." ,,, ", r". ~~'" " dw~ "'" "",. . . ,
citizen and 20 ft. 5 ft, l 5 ft. on a case-bY- , s.<"" ".", " WI. """" .",,,"''' .".11" "'''" ",,,,,,,,,,, '" """ ",,,~~,. r,,"'"'' ."' ",..",c' ~".," .",
special See notes 6 and 9 case basis .- . .., ,
needs 5. T1< '''''i''''''''''''' """, 00"'" " "", "" ... , p" d",II'" ,,,II ,f 00..... ",,,,,, -' ,",,' ..." ".b' '" ",.y ". .".. ·
housing "'" ,0% ,r.' "".",. ,",,' "." .", '" _,,,,,,, "d ..,."''''' wi"~ """,," pl" "'"'p.... "II. '''''J''' .'""'" .,,"".'
"''' " ~re ,.,". ,,. """,.... ,p" ,po" """' '" " ... " .... p'''' ..., .. "" · ,,,,,,,,", w"" ,r .. ,.." Z5 n. " ,dd" ... .~
~ .' ,,,,,,.., ...."" "",,, " ".... ",.. " "", 50% ,I ,,. .,..... ,po' '1'''' """' '" ,. "". " .... p"'" ..." "'''''' · ,","
~ ."' .... ,f""" '" ft. "'" _ _ WI'''''"'' "', "". ,;"" ,,'1""" ~'" """, w.1I '" d.......d ,,' .....bY.""
~ ':'t;;" ,.,...... ,r. _"'" 0' .. ,""". _,,, "''''' <Of) · ,r. ""Id'''''' ",,,,... ..... '''" ." .....'0' ,\II-< -'''''
..II ", ,,,,",)fla """, ."",. ",,')d", ..~"" ."'.. _"'" ,,,,II '" ", 'I", · m'.'..... ,r" \I "m "" -'" I." ,nl<
.""',,,, ,,~ . . . .' .
1 N' ....,.... "" 00""" """"."".,.- ... ,,""'" .... ",II '" d"~"" by ."" ,," "~.,,,"'" ""'''.-". ,...,
"",,;red b"'.... po"'" .' """,'P'" ,.n'" w<,. """,,, ...
.. ,O' ""."",IIy doo'''' ,,,,,,II"" ". 'uP" " ... ,..;",. '" ,.", XI X
, '" ",'''"'''' "",,_,. "'" .,," . .. p"i~' '" Ort'" XVII
<0. 'O! "" "",'_'" "'" ."" " '" p"i~" '" ,rt"" XVIII.. .
" ,of"" , n."'" ". " d'.~'~ w",,,,.. pw,".w .\1"" ,,,,p~ "" "p'y " ,I< ,ohrt'''-'
" '" P"""'''' "" ."" . '" '.P'" ,r ,,'m.". ". , n. ," " '"
-\ L- '" """ "f''''''''' ..." po"'''' ."' .."'''' "'~ '" , n""" " WI
Process I. II. III and IV are described in
~~ 22-35 t - 22-356.
22-361 _ 22-370 '" "....r _"', ~, ,,-' ." ",,'" .." re. , n"O>I'" .e
n.'" _ n~ II. . ,O! ".1\, ....,., .",... ,.ro" '" , n.II" ".e.
"~,, _,,~60. "",.,"''' ~ . .
,0'" ,... ,oA' , "".60). ,.". ", Old- N' 9;-110. , 1(E'" ., ,",0-9" O>d. ,.. 96-210 . ,. 1.,.96' O>d. N' 91.'''. , '. ~..91' 0'" ,... OZ~". , ,. 9.11.')
I\OQCUMEN1\Z-eW 1ft' LI" &- ,...\1 Ift"PI'""" c,mm,,,,O',,,,'ibl< " BC ",,,,.d<< Page I
,~ r:pr/eral Way City code (fWCC) Section 22-756. BC
Exbibit 18
22-'79'7 Multi-unit hOusing.
The follo",'n. uses sh,lI be nennitted 'n the city cente' core (CC.C) zone subject to the "gul,t'ons and notes set forth 'n this section'
USE ZONE CUART
"" OIRECTIONS' fiRST. "oo '0'" 10 ''''' ,~ . .. 11l6N. ,,"'~ '0< REGULA "ON'
z.
0 Minimums
...
~ '" Reauired Yards '"
'" ZONE
,.J ... ...
;:;l u u
8 ::c- oO
(,,:) Po CC-c
~ "dp.. ... ~ 'O~ "dVl
~ 3 N ~ ~~ ~ 00
,~ ... v, ;: .- ~
" ,~ ., .. " ,-
a-:> '0 8 "d oO '<; S O'~
OSE ~~ -l u.. 'v, ~ ';l::Vl ~t. Sl'ECIAL REGULATIONS AND NOTES
Multi-unit Process \I None Multi-unit 70 ft. or Multi-unit I . Th< ,i ~ <<0" "i" P""'" \II. ",,'if, 'Ol' ,,,' Y''''' ""hi, ,ot ,,,,,,,,. ,n' ","'" ,'" ,~i.' ", di ""'" i"'" 1
housing possible housing', same as 85 ft. housing: 1.7 "", """," 'or , .,,,,,,,,, "",010'-' ",I ",,," I" fonoW'" ",,,,,a
(~ Process \I I these regulations per unit ,. Th< .,,,..,,, ,,,"0.,,,,,1 will " ,,,,,,,.,,,, wit, "" "0,1'" ,or,.."'''''''' .1" ""Ii' i ~ ,or "', W", ",
~ for ground {loor See notes I ' Th< ."",o~d ,,,"0.-1 w,n I>< """""" wit, II>< ,,,Ii""" '~'" "id,Ii'~' ",
stacked See note I use and 5 See note I 6 ' 11" ,,,,d. ,Ii Ii I'~. ", 0"'" i, ,,,,,,,,,,,,, i, I" a"" ,,, "Ol"" (0 ",,,,,,, ,Ii' ."',"'" ,,,010''''''''
dwelling 2. ",Ii"" 22-946 " ~" "".'or "',',""'" "",",' ,0"" ",,",,Ii"'" "d othu "",,,,,,~. f~iliti~ ", ,cti,it'~
unit~) Senior citizen or Mixed use associated with this use.
special needs developme 3 _ NO ~,,~, ,,"" ,,'" ,d ''','' (0 ri ,,"-of. w" '''~, 'or ,it i"" "" ,'" i" ,,,d' ,,,,,\0 g, w,'" ","""" ib"
Senior citizen housing,: nt, senior "_",, ,"",'''~. " d""'''' i, Arti'" XIX, ," 'orat'" """g ", ",hi-of."" 1M ,ii'" ", '~'''' 0' wh"b ",n b<
or special 20 ft, \5 ft~\5 f\. citizen and approved by the director,
needs special 4. M""'" it ",,,,,, ", "",;on' ",id'" ",I ,~, "'" " """", 00 ", ",,"" flOO' of' ",,,,,,, ""I," fon,,~' ,,)
housing See notes 1,3, needs ",,"" "",' "", "" "", ., ,,.,1 '0% 0' ", 'eo"" 0' ", pri,d,.1 ,,,,,,,,,,,i. ",",'. " dd"" ,,,d by II>< di". or, "
~ and 9 housing: """i'" wit' "M or """ 0"'" ",<'I') ,\lowrit i' "', roM' ,,' (b) "''',' ""' ,..r< "" ".m" "," 60% 0' ,h' I"gtb
~ Determined 0,.\1 0"'" ,_.f"'" ,"OO" i' """,'''' w,,, "", or """ 0"'" ""f') ,\lowrit i' ,hi' ,,.,, "" I') ,\I "",' ,<"I
~ on a case- "",,,,,,,,,,10' ,P"'f') "'". "i,i""'" lIoor'lo<<\"" "i,hI of" ft. ", '" "',," dr," onO fl., bol" "" "" I~'
by-case "" IS f1- "_"........ "",or d""" or ,,,,i" """ \mO"" ma' ,~,' ",.,
basis 5. Boildi" b<igl>1 ma' I>< ior""'" "''' II>< ''','''''''' ,,"'gl>1 hri gh I 0110 ft. to " ft i' ,~,"" fo< ,,,,'idi" ,,'Ii'"~
,i,ib" ,,,,,,,,,,, ."",,,,~. " ,,",,' i, Arti'" XIX, ,'00' ", righ,.of-"" ", "Ii', ", d~i", of w,ic' ",\I "
approved by the director.
(continued on next ?age)
\ 1 L ,,' "... ",,,,,,,,,,,, ,""."..,,, "",~i" ,M'. "' , 22-""" '"
Process I. 1\. \II and IV are described in
~~ 22-351 - 22-356,
22-36t - 22-370 For details of wI, at may e~ceed tbis height limit, see ~ 22-t046 et seq.
22-3&6 - 22-41 t.
22-431 _ 22-460, respectively. ~ ,or ...ib ,,~,,"" ",.",d ",""",,22-(1)1 ,,""
""ibit t8, F""" W,y cay Co" ,fWCC) ,,,1'00 22.197 . CC-c Page I
\
22-'19'1 ",ult~unit hOUs.n.. (cnntinued' USE ZO~y, CllAR'I
lH.t'l4 acroSS for REG\J\,.^ I\O'l4S
if) D ,,,,,eflON'. flR51. ~,dd"'" " fm' ," .. . · .
Z. Minirnurns ZONE
0 ReQuired Yards
-
~ <J> CC"C
<J> . ~
... <J>
';) 0) 8i
u '2
'" 0 'O~ -0 srEC1AL IlEG\lVSlOrlS AJ'lU rlO1:ES
.... ~ ., oil
~ -o~ 0) .., a 'S .9
~ ~ .!:i ~ {nu cr-'6
,_ 0) if) ~ .g 'a ,_ :l
:l ,- ~~ ~~ . i", "'~, ,,,,,,0"'''''''' 1<>" 100 ",. ",,,
cr:> '0 0 ~
~~ ... ifJ
... u.. ",h oe' "I"'" "",,, ,","" <<"",,,,,, ",en ,",". '" ",'"0''' """II" "",,,,,,0 "",,", '"
USE ~;;:O, ~oi\::" n"Y ,,,,,,, "i"~ """ ""b "t,::,~~'::::;i:' ,0' "i''';'' MY '1'" s,,,, ,oq,i~""o" '01
. fto\l terraces \loo s, a ' ,
"YW''"o'' ~",,'''o ",,<<<S. ,,0 .., ",. >Y~'" b""
';en '01 oiIi'; 01 ",,,i" "", """", "," be ''''r:~: b:::':" "" ,,," be d""""'" >Y "be' "I< ,<,,,,,,,,,"'
1 . N' "", i "",,,, '0' ,""'" " "ub ~::::: :::;::..;..,iO ,. ",,,.,,, ",I<' '>Iii i\i". '"
,oq'i~-"' ".. <<'I"~' """,., b ,.' " '" <he ,,,,,,,,. ,,, ,,,,,,, XIX
. '0< oq_oM ,,,,,.. ,,,,,,m'" , '''0 ,bl '" "'. >I' ",,,,dVl"
9 '01 "",.."i" <<'I" ~""o" <h" "" Y , . ,J "i<l' XV"\" .
'Q '01' i,.. <<'I" ~""," ".' ",W '" ,b' ,"J'''' s", . . onsOlI""""'" "", ,,," '" 'b"'bI"""'"''
, d t rrnine what other l'ro'iISI
\I Rlf"" \ 11~46 " "". ",". . pl'''' " ""
". '0< ",,;i'ion' .", ~'''' '" ,'" ,,,,,,,, of "" '":::~~.o< "" of \6.00<> "",S ". n.. on'''' ,,,,,,,,, ,,,,,, o~'
\3 Sio",.""" b,iI"O" ""y no"'''''' , "", W , . ""u 0'" ""b " '"'" ,.,"'"~,. 'obb"" '" ''"'
,,~,i' ",oS 0' \ 12.917 . 01 ,""','" bY ,be """", ~ ;:;" ,",' ,,"u"'") ,b' \I no' <<"'" ,.000 sq. II. ,0<
,., ,'os "'Y wi.do-' ..' """ '" '","'''' 1"'" ,
,""", . . . , ' . . '"
b,ildi" io on' 0" ,on"""" ,",,,,,",""" . """i'" ""y ",,", '" ",bi""''''''''' "", '". ,"""
N o~ "". \6!JOO sq. II of ,,_ "n.'~"n<Y ,on' .. db Ib' "",,0< "",,, No~ .13. ,b'>"
~~ ",'0 Ib' ,""i,io'" of 111.917 "" n;:~~ :;,;,~~';'.:;X:'::'" ,;0'''''' Ib" <<," 1100' ,,,,~ioS" "",
, S. ", ,u"~",,,y b" 'd'"" ,~ no' ;UbJ"~,'::: ,"'"'"' , 0<'''' i,,' ,,,(,) <",,,,,,,,, '" Ib" -
,,'/' 0' Ib' .,"" ,~. II. ollb' 0"" ";."", Ibl ",,"i"" of \ ".1311 (.' t \).(1),(3). ", (')
\ 6. ReQ.uired l'arkll\g may be reduce un er
\
\ 'I L " "",,,.,,,,...
\ '''' ",,,e< i._i."""" ....i'. on ,,, '" _. '
p,_ " II. """ ,v.- _""" i. . . .' . ".,"'....
" ".,5< ,,,.,,6. . '''' _';0' """ "" """,,Ib" ""gb' """. "" ,
. " . . d d """."" ....
".,,, ' "., '01 _" .,""," M". ,oS.' .
".,56' "."'. ~ ,,91' o~ .0 02A".'" ~".\,"
\ "AI' ' "..". _,,,,, . 1(<" 0) ,.,~91' 0"- .' "",. · 5.1 .,.", on' "'" 91.191. p.'" . .
,Q\d ,.,. ",,,,,. p,IO.II). ,." .,., 0<' ,., 91'"'' · ,. ,
. . ' ~t n'b'( \ '6 cc Cnaf\,doc Page '2
"oo,oel"''''''''' "'" UO< . S'"' II """" '",''' c""''''.,,' ""
E,',ibil IS. ,,''',' Wo, C'" Cod' ("lICeI ""i'" ".797. CC.c
"E~bibit 19
. . e\fortb io ,h" ,e'''OO' -
22-869 NiuI'i-uOit bOu"Og. . (CC'I') zooe subjec' '0 the tegul"'oo' and oote"
.tt d' tne ctt'{ center frame
"fIte followiog uses sball be"on> e ,0 ,E CU,\1tl
USE z,ON
TH"" "w" {o< REGVe, ",0,",' ~
~D ,REeTIO,"," fl"r, "", '0"" '" .', ," ' ' ' :z,O~
M,n'lUuro.s
S '" ,,'" ,"', CC-v
~ '"
~ . .
';l ~ !. '\j ~ ~ ~ ~ SYEC\AL Jl,EGtJL" l\O"S ,,"D "OTES
~
~
. ," _ '" _ .,. " ,,'" ' ' ,
::::> 11 ~ ! ~ ~ '11 ~ ~ t ,In "'""," ~.','" ,,,,",, >''': ''''~'''': ", ",~ "" """, ,od ,,,,"",,. ,
\Jst
~ ~ ~ ~, ' ,,,,,,, "" I TbC cM ""', "", ,,"'''' \, ,"""",, ",,,. ,'" ,,''''''''' on ,en'. '" "" ," ,,' ,'" "no, ",
Multi-unit 't'" ,",,"' ~:;:~;~';'"' " ;:; " ~";,:;.'~,it '<'1~,,;:~~~~.:r':::: 0~,':, c;:::;~:~,':.:t.::;:':;;~~,'i::::;~~::ci:,: ;:'"" ,,,,,,,,,,,,,
MUsing, ~o,,'OI' ~'" ~" ,ot,." " ft ' , " Tb' P"""'" ,,,,,,o,~:;,.,. ",,,,,,""'" " ~""" "",<'1"''' " to:::'""" '0' : ,,,'''''''' '"" " """"
(~ ;:'" '::,~,"od ","' '" """ S<< 00" ,1 , ~;,'.::;:::~~:~:""""~ ;'~~;;Z',~',;:::::; :;;~,::c:;:,,:,,,,,,,,,,,"1 ~::; ::::~:::::"~,,:~:,,,
~
stacked ,,,,,, ,it'"'' " ' , " ", 5 .""d '" ,,) ,,,,,, ~", "oCC "". '1>'" '";,, ,,,,, ,,,,,,) .",.cd " ,m' ",<, ", '" ) ,~" ,,,(, ) ,""',' " ,'" "'co ,od
dwelling, , , ' i cd """"", " ," ~ ,"' """,,,' " d "
units) S<' 00" ,"c", "" , d"""'""" 0"""'" """, ' , """ct ,"",. {,,'" ,,,,d" ,,"''''''' .', """ ,{\' " ", " ,,,~,, ", ,
, " .<fA ,{ "" "" "" ' ' . "",,,,no'" .to.,," ,. '
, """,,,,, "" '" ",,,,,,' ,,'d"'" ,,.ee") "," ",,,, . d """"" "" ,,,,, "":
Senior ,0 ,1 S " IS ft, "d ,,,,"'. ,~~ ~' ~:~:;," :;,::, "" IS ". ~ .,cO'" ~~-:,:::::::;;:':': "d ,,~'" ,,,,,,""'" ''',','''' ",
citizen and ' "cd' ,,,",,,,' ~'" "" "","' """ ,
S<< ",,,, ',5, ' 0"'''''' ,cd '" ",,,,,,, 22 .,A6 ". '" ,," ' " ". " "c,,,.' (" ,,,,,,, ".
sllecial "d to ",,,.,,,,,,,, "" """ ",,,,,,,cd ""'~ ", "':;"d _ '" """,,'cd "to." '" ,,,to' 10 ~,'~( .." ,'" """ ",d d'" .",
needs . ' , ", .' "",'. "''''' "'" """ " , dC'''cd'' """ k X' V''", ,'"'' '
\'IOUSin11, as\ . ' \ t calle alUenlues, a
.,01"" ",,' ,,"," ' (20' ,to'" ,', ,,,,,,,, ''''
~ .b\C' ",,, '" """,cd " ,'" '''''~: ;""""" ,,'" "~,It '" ", ,,,, , "" '" "'" ",,, ",,;, ""itd ,,' ",,,,,,,, ""''"
~ 5 ,,,"cw'" 00 ,,,",,,' "" "J;::" "''''' 0' ,,,"""" "." 00' ""cd ,0 " ':"".' d ,,,;,, ", """ 40' ,00"
~ "J""" \0 ~, ""d" ".' w"', " ~ d i""" ""dco ".,,,. ,,"" """M ,no, '" \
\OC."",,- ,0 ", "d 40 (" "" :: ' ,0 ft ,od ,00 " ,,,m "",,,,,,,, to'
"'~" '" ,d'" ",...,,'" .,,, '''','' """ '
\ (continued on neJ(t na\l.e)
\ . sed 22-1316 et seq.
1 f'" """ ,,,,,,,",,'" """ ,.....,.'''' ,,""'" ."",
process t. H, HI a"d N are described in d this neight tiwit, see ~ 22- \ 046 et seq,
~~ 22-,5 \ - 22-,56, \ f. de'" 0'- "'" "~ """" ".n'te'""
22-,61 - 22-,10 For detai\s regllrd\"g reqU\re 'ia '
22-,\\6 - 224 I \, ~
,~_A~I - ",""
pag,e I
, I (FWCC) section 22-'009, CC-F
c)I,hibit \9, federal Way CIty Coc e
22-809 Multi-unit housing. (Continued)
The followmg uses shall be permitted in the city center frame (CC-F) zone subiect to the regulations and notes set forth in this section:
USE ZONE CHART
CfJ DIRECTIONS: FIRST, read down to find use, .. THEN, across for REGULATIONS
z
0 Minimums
~ Re uired Yards ~
oJ ~ '"
;J '" '" CC-F
~ U U
e :2 '"
~ c.
""c... U '- '" ""CfJ
=:> ~ ~ '" '" o .... .~ ~
N '" ~ ::l
'5 .~ i:ii i: ~ .<:~
USE '" .... onU ::l ,- SPECIAL REGULATIONS AND NOTES
cr> '0 0 "" '" ._ ::l cr""
'" '" .... ~ '" .... ~~
U ~~ ....J tJ... i:ii ::ci/i
6. The subject property must provide recreational open space in a total amount equal to at least 200 sq, ft, per dwelling unit
and may include private spaces such as yards, patios, and balconies, as well as common areas such as playgrounds,
recreation rooms, rooftop terraces, pools, active lobbies, and atriums, Any open space requirements for senior citizen or
special needs housing will be determined on a case-by-case basis.
7. No maximum lot coverage is established, Instead, the buildable area will be determined by other site developmcnt
requircments; i.e., buffers, parking lot landscaping, surface water facilities, etc,
8. No setback is required adjacent to rights-of-way for senior citizen and special needs housing, when publicly visible
streetscape amenities, as defined in Article XIX, are located along the right-of-way; the siting and design of which shall be
approved by the director.
9. For community design guidelines that apply to the project, see Article XIX,
10, For landscaping requirements that apply for the project, see Article XVIII.
I I, For sign requirements that apply to the project, see Article XVIII.
12, Refer to !l22-946 et seq. to determine what other provisions of this chapter may apply to the subject property,
. 13, For provisions that relate to the keeping of animals, see !l22-981 et seq,
14. Single-story buildings may not exceed a total ground floor area of 16,000 gross sq, ft., unless approved under the
provisions of !l22-977, or approved by the director for minor additions such as entry structures, lobbies, seating or dining
areas, bay windows, and similar features; provided that such addition(s) shall not exceed 1,000 sq, ft. per building in any
one consecutive I 2-month period,
15, No more than 16,000 sq, ft, of new single-story construction may occur on a subject property, increases approved under
the provisions of!l 22-977 and minor additions approved by the director under Note # 14, above,
16. Multiple-story buildings are not subject to Notes #14 and #15, above; provided that each floor contains at least 75% of
the gross sq, ft. of the floor below it and contains a principal use(s) permitted in this zone,
17, Required parking may be reduced under the provisions of !l 22-13 77(c)( 1 ),(2),(3), and (4),
I I
Process I. 11, III and IV are described in For other infonnation about parking and parking areas, see * 22-1376 et seq,
** 22-351 - 22-356,
22-361 - 22-370 For details of what may exceed this height limit, see * 22-1046 et seq,
22-386 - 22-41 J,
??_dll _ n_d~n , For details regarding required yards, see * 22-1131 et seq,
(Ord, No, 90-43 * 2(50,55), 2-27-90; Ord. No, 93-170, * 7(Exh. B), 4-20-93; Ord, No. 96-270 * 5,7-2-96; Ord, No, 97-291, * 3, 4-1-97; Ord. No. 02424, * 3,9-17-02)
1:IDOCUMENlIZero Lot Line & Small Lo'lPlanning CommissionlExhibi, 19 CC-F Chart. doc
Exhibit 19, Federal Way City Code (FWCC) Section 22-809, CC-F Page 2
-
E~bibit 20
22-369 Senior citizen bOnsing. ,i' th"'" \ tioUS and noteS set lorth in this section'
,he lo\\owin< u,""hall be ",,,,,,ued in the busineSS oark (1~r) zooe suh eet to e re u a
\lSE ZONE Cllt\R'f
1\'\\::.1'01 across for REGULf\ I\ONS
iflD \RECT'ONS FlRS1. ~'" "'''''' ~ "" ,,, . . .'
z. Mini11'\u11'\S ZONE
9- Re uired '{ards
~ '8 ~f
...:l '" ~
';:l '8
~ U :2 'tlifl
\? ~ 'O~ ~ en srECl"L Qf,GtlL,,-nONS AND NO'fES
'tlC>- .~ ~~ ,~ to
~ ~ 'C. ~ .... enU ? '9-
<; .~ U1 ~ '<; 'S er.... . . (S 5 ft ".11 0 (,l< (o'~'"'" """,,,,,
USE '" (it
er'" .... e (i
5 th ';t.U1 ' d' I t' to a \1'IaJ','\1'IU\1'l 0 ..
(i(i \loo d 4G !\. above average bUll ,ng e eva lon,
\0 ft. \0 ft, 40 ft. Determined ,. '" l<'''''( . ",,,.ow' ",., "", . .' ,
Process I'J None 25 ft. "", .'" ,,,_"""'. ,l< ..""",,, "" ",,",",,01 " ", b"'''''''' "
Senior See notes \ and 3 above on a case- " ""0'" """""""" . . , ., .
citizen average by-case . ';' ~' , """" "'" ,m "'10'" """.(.",'" ,~,,",'" v,,~., . "" ,tt",w~ ",,"" .. ft. ...~ .,,,,,, ",,,,,,,,
Musing bui\ding basis, b ,,, '"' ' . "" ,,,,,."" " ,,,- 0"" t. ,,", 0" .
,. ",,,,,,,,,,01 J'" .",,,,,,, . br ,01 by "" "''''',''''',,' ~ ""
~ elevation ,"~.'" .'"' .. .,." ,,,' .'" ,."ci~ '" '" ... of"" ,,'I"'''''''''''' " ",,, "
~ " . 01 ",,0> ,,-"'''' ., . . . .,
~ See notes ,. """", """ M' '" "''' "" _ "" ",II"'" "".,. ;5 ,- 0('''''"' ,'" ,,.,"" " -"'" '."" ."
,. '" 00 "", " .' ~ (. ",,,,,,",,,, ""'''''''' o( "",,, 0""
\ and 3 .. '" "",,,,,, ",II I< "." , . .."'" "",W''''' """, ""
.... ,-"" "" .' . "",,,,, ".,,", "" """".", """ to, ,""" .- . ~'"'
,. '" ..bi<" """'" " .'f,"'r,.,:,~" ~,,"'" by "" ,....ded ",-' of "" ""'" ~:;;~, " '" ,,,,,,,01"" _" 0"'''
~o~"" "" 0''''' ,."",,,,'0 , " r ."""".. .'"' "". "",'" ,,,,01 to (b) ,,,,,. '" ,
': S""",,, """"'.. _""" w "" . "' . """ " ,I< ~"""'" "",,,to'" "" to"
"""'" ~ d , "",o<~' ,,"to"" o( d"\\\" "',. " "",,- to""': " :"~",':':d'-"""" .od "" ""go """"",,,, ""'" ""
) ""," '" ".' ,"" """" .""""to' '" "" ,
",""" '" '''''''' ",od' f,,,,,",,f"" "", .,., ' . II 00" ,,", "" ""'. ("\\"'~
'" (,110"" ,_. .' to' " .."" "" ~"",\f. ""Wn"'" of"" ,we ""
;1, -me size of the dwelling unItS or occu9ancy roo
_"" .",;, ", ,,"'0'''''''' "" . t '" ",,."" "~,,,,,,,,,, .'"' .
, '" """",w', "" ,,,,go ..' 0"'" ""go.'"",re:";,~,,,,~, "" '" .""Ie .,,u ,og ,'" eo,"" ,to"",.
. .' (", ,,",,,,,,, "",. b'
, ~;.:;:~:;:.:::. ,;:::~;,:~~""ow, 01"';':' ;:~::,::::~~~,: ;~:::;~~.: ;,,, "",,,,,,,,, ,,,,,,(0''''''' "
5, t-lo \1'IaJ',i\1'l\l\1'l lot coverage IS establ:~he~~~~:~:a w'ater facl\ities, etC,
,"","" """" ""to, """_,, ., " " '" ""i"" '" """~ ,IJ{. .
6. '" ",,,,,,,00'0 ,,,,go """''::' ~:':o ,I< ""I"" '" """, xvII
, ,,, ,,_,., ,,,,,,_,,,,, ",. . , ,v\ll
i '" "go """,,_ "., ,W" " '" ""''''' '" -.' .. 0"'" M'" "", .W" " '" eo''"'' ,,,,,,,,,.
. d t 11'\'1' ne what otner 9roVISI0
9. "". '" , ",.,,'" ,"" '" ';,' " o( ",,,,,,, "" "'~" " '"'
\ G. for 9rovisionS that relate to t e ee91 g ,
\ "I \ ' d r\<' as sed 2'2_1316 et seQ,
, for other infonnation about \larkIng an \la .\ng are. .
\'lOCess \. II. III and'" are described in ' ,,' bt\'\1'Iit seeP2.1Q46et.seQ,
~~ 12-,5 \ - 2'2-,56, for details of wbat ma)' el'.ceed thIS elg I ' ' \
"W - ".,,,' . . " , ".((" ,,",
".,,, _ "A ((. '" "'.>' """m, -,'",. " ~ .
".." _",60,-""". ~ .0 d. olAl'" 9."."
,. 0 d N' 0>11' ., ,.,.96,0...0 ,1-1'" p,~'.01, ," ,.'
_ ," ",Al '"~ so 35), ,.11.)0, "" .0. 9)."" , 1(E" ')' ,.,~" ,.' ,.' Page I
n. ,';I
, & small LON'I""",n!> Conunlssion\Bl'.bi\>'1 20 IW Chart.doc
-~ \:\l)OCUMfJolWfO LOI \,.\no
-
:i
.
Exhibit 16
Road Standards
..
EXHIBIT "
r pAGE-LOF
~
I 150' MAXIMUM TO FARTHEST
I POINT OF BUILDING ENVELOPE
I~ .LOT2 ' I I FROM . THE APPROVED FIRE
I APPARATUS ACCESS ROAD (TYP)
I I SETBACK (TYP) "
L_, , I
I I
L___________J
- - - -
I
LOT 1 I
_ ~V["ENT. "'~ _ ~
DRIVEWAY SERVING FLAG/REAR LOT (MAX. 1 UNIT) ONLY (EXAMPLE)
I. IS' EASEMENT. MIN. . I
I ~12' PAVEMENT. MIN.~
mlSI. ...,..'..',..,.,....'...,.' , ' .. '... ElIf
hl~~E1IE11 . . . , , g;~.LE6'T
'~I~I U~I~I .
SECTION A-A
RECOMMENDED SECTION:
2" ASPHALT OVER 2" CSTC
OR
4" CEMENT CONCRETE
A PRIVATE DRIVEWAY MAY SERVE UP TOONE lOT (MAX. 1 UNIT) WHEN ALl~ OF THE
FOllOWING CONDITIONS ARE MET:
1. THE INGRESS/EGRESS AND UTIlITIES EASEMENT IS PRIVATELY OWNED AND MAINTAINED BY THE
PROPERTY OWNER WITH RIGHTS TO SAID EASEMENT. .
2. fOR A FLAG/REAR LOT. THE WIDTH OF THE INGRESS/EGRESS AND UTILITIES EASEMENT IS 15 FEET
MINIMUM. WITH A 12 FOOT MINIMUM PAVED DRIVEWAY.
3. IF THE FARTHEST POINT OF THE BUILDING ENVELOPE IS GREATER THAN 150 FEET IN LENGTH FROM
THE APPROVED FIRE APPARATUS ACCESS ROAD, THEN THE SOUTH KING FIRE AND RESCUE
ADMINISTRATIVE POLICY 10.006 SHALL APPLY.
4. THIS DRIVEWAY STANDARD ALSO APPLIES TO: ZERO LOT LINE. SMALL LOTS. AND COTTAGE HOUSING
DEVELOPMENT.
01/25/2007
~~o_ PUBLIC PRIVATE DWG. NO.
WORKS SERVING 1 3-288
EXHIBIT " -
PAGE-1-0F
r:-- --T ~
: - - - - - - - - - - - - -: : - - : 150' MAXIMUM TO
I I I . I FARTHEST POINT OF
I I LOT 1 I I I LOT 2 I I BUILDING ENVELDPE
FROM THE APPROVED
II r - J I L - ~SETBACK (TYP) f I FIRE APPARATUS
I I I 1 ACCESS ROAD (TYP)
L___________~ ___________~
- - - - - - - -
20' INGRESS/EGRESS AND
UTILITIES EASEMENT. MIN. (TYP)
I A I
-1'
J I
L__ 16':~EMENT. MIN._ _ ~
DRIVEWAY SERVING 2 LOTS (MAX. 2 . UNITS) ONLY (EXAMPLE)
I. 20' EASEMENT. MIN. --I
I PAVEMENT, MIN'I
. . ,."..~;.
SECTION A-A
RECOMMENDED SECTION:
2" ASPHALT OVER 2" CSTC
OR
, 4" CEMENT CONCRETE
A PRIVATE DRIVEWAY MAY SERVE UP TO TWO LOTS (MA~. 2 UNITS) WHEN ALL OF THE
FOLLOWING CONDITIONS ARE MET:
1. THE INGRESS/EGRESS AND UTILITIES EASEMENT IS PRIVATELY OWNED AND MAINTAINED BY ALL OF THE
PROPERTY OWNERS WITH RIGHTS TO SAIO EASEMENT.
2. FOR 2 LOTS. THE WIDTH OF THE INGRESS/EGRESS AND UTILITIES EASEMENT OR ACCESS PANHANDLE
IS 20 FEET MINIMUM. WITH A 16 FOOT MINIMUM PAVED DRIVEWAY.
3. IF THE FARTHEST POINT OF THE BUILDING ENVELOPE IS GREATER THAN 150 FEET IN LENGTH fROM
THE APPROVED FIRE APPARATUS ACCESS. ROAD. THEN, THE SOUTH KING FIRE AND RESCUE
ADMINISTRATIVE POLICY 10.006 SHALL APPLY.
, ,
4. THIS DRIVEWAY STANDARD ALSO APPLIES TO: ZERO lOT LINE. SMALL LOTS, AND COTTAGE HOUSING
DEVELOPMENT.
.
01 25 2007
~ OR_ PUBLIC PRIVATE DRIVEWAY . DWG. NO.
~U'~ WORKS SERVING 2 LOTS ,2 UNITS 3-2CC
4 I ~ - - '- -25' "'''.'.T, .,.. _/
- u.. j r -.~ I r'O' P''''.'.T, MIH'"--1
L-:,O i i ~g?,;, ';'~~~ci~/~~~~, - ~'"'' 'U_
r- I lOT' I I FROM TH' APP_O "AE, U!!Ir
m~ I APPARATUS ACCESS ROAD (TYP)
- L - ., I I SECTiON A-A
:r UJ I rS(TBACK~TYPJ I "'OMM'.O'O .'"'M"M "'no.
.... 1ft L L - - - - - - - -' " ASPHAlT 0"" " csrc
..... ..... - - 0'
· !Y if .' C'M'HT 'OHC""
I I A PRIVATE DRIVEWAY MAY SERVE UP TO FOUR lOTS (MAX, 4 UNITS)
2>' ,"CREs'/'GRES' ,"0 I LOT J I WHEN All OF THE FOllOWING CONDITIONS ARE MET:
UTILITIES EASEMENT MIN. (TYP) -1
" I 1. THE INGRE. SS/EGRESS AND UTILITIES. EASEMENT IS PRIVATElY OWNED AND
MAINTAINED By ALL PROPERTY OWNERS WITH RIGHTS TO SAID EASEMENT, OR
I - - By A HOMEOWNERS ASSOCIATiON.
2. IF THE FARTHEST POINT OF THE BUILDING ENVELOPE IS GREATER THAN '50
I , FEET IN LENGTH FROM THE APPROVED FIRE APPARATUS ACCESS ROAD, THEN
lOT 2 THE SOUTH KING FiRE AND RESCUE ADMINISTRATIVE POLICY , 0.006 SHALL
I I APPLY.
20' PAVEMENT, MIN.
I ~ 3. FIRElANES WILL BE REOUIRED TO BE PROVIDED PER CITY CODE AND THE FIRE
MARSHAL,
I 4. PROVIDE TURNING RADII AT THE ENTRANCE TO THE PUBLIC RIGHT OF WAy FOR
I FiRE TRUCKS, GARBAGE TRUCKS, ETC. (NOT LESS THAN A 32-FOOT INSIDE
' AL, t I AND A 4D-FOOT OUTSIDE RADIUS.)
-I LOT 1
I I 5. INSTALL STREET LIGHTS IN ACCORDANCE WITH CITY STANDARDS.
I 6. IF THE STREET HAS THE POTENTiAL TO BECOME A THROUGH STREET, AS
DETERMINED BY THE PUBLIC WORKS DIRECTOR, THEN IT WOULD HAVE TO BE A
- - PUBLIC RIGHT OF WAY, AND MEET CITY STAN.DARDS FOR PAVEMENT WIDTH,
DRIVEWAY SERViNG 3 OR 4 LOTS (MAX. 4 UNITS) CURB, GUTTER, SIDEWALK, LANDSCAPING. AND STREET LIGHTS,
7. THIS DRIVEWAY STANDARD ALSO APPLIES TO, ZERO LOT LINE, SMALL LOTS,
AND COTTAGE HOUSING DEVELOPMENT.
8. IF THE ACCESS IS OFF A PRINCIPAL COLLECTOR OR ARTERIAL STREET, AN
APPROVED TURN-AROUND SHALL BE PROVIDED.
01/25/2007
c-.<:\ fE,,~ OM," PUBLIC PRIVATE DRIVEWAY SERVING DWG. 3-200
~~ I!l'!!/&fl WORKS 3 OR 4 LOTS MAX. 4 UNITS NO,
=
..
. EXHIBIT-'(.
PAGE.J!LOF
5' 10' 1 0'
(J)
a.
lD
~
0
^
20'
Pavement
25'min.
Ingress/Egress and
Utilities Easement
MINIMUM SECTION
LOCAL
2" ASPHALT MIN
4" CSTC MIN
THIS STREET SECTION MAYBE USED AS A PRIMARY VEHICULAR ACCESS FOR RESIDENTIAL
DEVELOPMENT FOR 5 TO 12 LOTS (MAXIMUM 12 UNITS), WHEN ALL OF THE FOLLOWING CONDITIONS
ARE MET:
1. THE INGRESS/EGRESS EASEMENT IS PRNATEL Y OWNED AND MAINTAINED BY ALL PROPERTY OWNERS WITH RIGHTS
TO SAID EASEMENT. OR BY A HOMEOWNERS ASSOCIATION.
2. THE INGRESS/EGRESS EASEMENT IS LESS THAN 150' IN LENGTH.
,
, 3., IF THE INGRESS/EGRESS EASEMENT IS GREATER THAN 150' IN LENGTH FROM THE APPROVED FIRE APPARATUS
ACCESS ROAD. THEN SOUTH KING FIRE AND RESCUE ADMINISTRATiVE POLICY 10.0006 SHALL APPLY.
4. FIRE lANES WILL BE REOUIRED TO BE PROVIDED PER CITY CODE AND THE tiRE MARSHAl.
5. PROVIDE TURNING RADII AT .THE ENTRANCE TO THE PUBLIC RIGHT Of' WAY FOR FIRE TRUCKS. GARBAGE TRUCKS.
ETC. (NOT LESS THAN 32-f'OOT INSIDE AND A 40-f'00T OUTSIDE RADIUS.)
6. INSTALL STREET. LIGHTS IN ACCORDANCE TO CITY STANDARDS.
7. IF THE STREET HAS THE POTENTiAl TO BECOME A THROUGH STREET. AS DETERMINED BY THE PUBLIC WORKS
DIRECTOR. THEN IT WOULD HAVE TO BE A PUBLIC RIGHT Of' WAY. AND MEET CITY STANDARDS f'OR PAVEMENT
WIDTH. CURB. GUTTER. SIDEWAlK. lANDSCAPING. AND STREET LIGHTS.
8. IF THE ACCESS IS Of'f' A COLLECTOR OR ARTERiAl STREET. AN APPROVED TURN-AROUND SHALL BE PROVIDED.'
01/25/2007
~ mY_ PRIVATE STREET FOR ZERO lOT LINE. DWG. NO.
'~- PUBLIC SMALL LOTS. AND COTTAGE HOUSING
WORKS SERVING 5 TO 12 LOTS (MAX. 12 UNITS) 3-2FF
..
EXHIBIT "
.
PAGE S OF
" 12' 1 2' 5'
5
U) U)
a. a.
CD CD
~ ~
0 0
^ ^
avement
24'
34 'min.
Ingress/Egress and
Utilities Easement
MINIMUM SECTION
LOCAL
2' ASPHALT MIN
4' CSTC MIN
THIS STREET SECTION MAYBE USED AS A PRIMARY VEHICULAR ACCESS FOR RESIDENTIAL
DEVELOPMENT FOR 13, OR MORE LOTS (13 UNITS), WHEN ALL OF THE FOLLOWING CONDITIONS ARE
MET: '
1. THE INGRESS/EGRESS EASEMENT IS PRIVATELY OWNED AND MAINTAINED. BY All PROPERTY OWNERS WITH RIGHTS
TO SAID EASEMENT. OR BY A HOMEOWNERS ASSOCIATION.
2. IF' THE INGRESS/EGRESS EASEMENT IS GREATER THAN 150' IN lENGTH FROM THE APPROVED FIRE APPARATUS
ACCESS ROAD. THEN SOUTH KING FIRE AND RESCUE ADMINISTRATIVE POLICY 10.0006 SHAll APPLY.
3. r1RElANES WIll BE REOUIRED TO BE PROVIDED PER CITY CODE AND THE F'IRE MARSHAl.
4. PROVIDE TURNING RADII AT THE ENTRANCE TO THE PUBLIC RIGHT OF WAY FOR FIRE TRUCKS. GARBAGE TRUCKS.
ETC. (NOT LESS THAN 32-FOOT INSIDE AND A 40-FOOT OUTSIDE RADIUS.)
5. INSTAlL stREET LIGHTS IN ACCORDANCE TO CITY STANDARDS.
6. IF THE STREET HAS THE POTENTIAl TO BECOME A THROUGH STREET. AS DETERMINED,BY THE PUBLIC WORKS
DIRECTOR. THEN IT WOULD HAVE TO BE A PUBLIC RIGHT OF WAY. AND MEET CITY STANDARDS F'OR PAVEMENT
WIDTH, CURB. GUTTER, SIDEWAlK. lANDSCAPING. AND STREET LIGHTS.
7. IF 'THE ACCESS IS OFF A COllECTOR OR ARTERIAl STREET. AN APPROVED TURN-AROUND SHAll BE PROVIDED.
01/2'/2007
~an_ PRIVATE STREET FOR ZERO LOT LINE. OWG. NO.
~D~ PUBLIC SMALL LOTS. AND COTTAGE HOUSING
WORKS SERVING 13 LOTS (1.3 UNITS) OR MQRE 3-2GG
..
t}~~ ~ EXHIBIT" ~
PAGE~OF
- ~
2' 8' 8' 2'
(J) (J)
::r ::r
0 0
c C
0- a.
CD CD
., .,
,
16 min.
Pavement
20'min.
Ingress/Egress and
Ut.ilities Easement
MINIMUM SECTION
LOCAL
2' ASPHALT MIN
4' CSTC MIN
PRIVATE ALLEYS MAY BE USED AS VEHICULAR ACCESS FOR RESIDENTIAL DEVELOPMENT WHEN ALL
OF THE FOLLOWING CONDITIONS ARE MET: .
1. EXCEPT FOR MULTI-fAMILY APARTMENT BUILDINGS THAT ALSO HAVE ACCESS fROM AN INTERNAL DRIVEWAY. ALL
RESIDENTIAL UNITS SHALL HAVE STREET fRONTAGE. .
2. THE ALLEY IS PRIVATELY OWNED AND MAINTAINED BY ALL ABUTTING PROPERTY OWNERS. OR BY A HOMEOWNERS
ASSOCIATION.
3. THE ALLEY SERVICES THIRTY-TWO OR fEWER DWELLING UNITS.
4. THE ALLEY IS LESS THAN 400 fEET IN LENGTH. AND EACH END TERMINATES AT A PUBLIC STREET.
5. PROVIDE TURNING RADII AT THE ENTRANCE TO THE PUBLIC RIGHT Of WAY fOR fiRE TRUCKS. GARBAGE TRUCKS.
ETC. (NOT LESS THAN 32-FOOT INSIDE AND A 40-FOOT OUTSIDE RADIUS.)
01/25/2007
~ an_ PUBLIC PRIVATE ALLEY FOR ZERO LOT LINE. DWG. NO.
~~ WORKS SMALL LOTS, AND, COTTAGE HOUSING 3-2EE