The URL can be used to link to this page

Planning Comm PKT 07-19-2006 City of Federal Way PLANNING COMMISSION July 19, 2006 7:00 p.m. City Hall Council Chambers AGENDA 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES 4. AUDIENCE COMMENT 5. ADMINISTRATIVE REPORT 6. COMMISSION BUSINESS . STUDY SESSION Zero Lot Line Code Amendment 7. ADDITIONAL BUSINESS 8. AUDIENCE COMMENT 9. ADJOURN Commissioners Hope Elder, Chair Dave Osaki Merle Pfeifer Pam Duncan-Pierce Dini Duclos, Vice-Chair William Drake Lawson Bronson Richard Agnew (Alternate #1) City Staff Kathy McClung, CDS Director Margaret Clark, Senior Planner E. Tina Piety, Administrative Assistant 253-835-2601 www.citrotfederalwav.com K\Planning Commission\2006\Agenda 07-19-06.doc CITY OF FEDERAL WAY PLANNING COMMISSION June 7, 2006 7:00 p.m. City Hall Council Chambers MEETING MINUTES Commissioners present: Hope Elder, Dave Osaki, and Lawson Bronson. Commissioners absent: Dini Duclos (excused), Merle Pfeifer (excused), Bill Drake, (excused) and Pam Duncan-Pierce (unexcused). Alternate Commissioners present: none. Alternate Commissioners absent: Richard Agnew (excused). Staff present: Director of Community Development Services Kathy McClung, Deputy Director of Community Development Services Greg Fewins, Senior Planner Isaac Conlen, Senior Planner Margaret Clark, Assistant City Attorney Amy Jo Pearsall, and Administrative Assistant E. Tina Piety. Chair Elder called the meeting to order at 7:05 p.m. ApPROVAL OF MINUTES Minutes were not approved due to the lack of a quorum. AUDIENCE COMMENT None COMMISSION BUSINESS UPDATE - Shoreline Master Program Mr. Conlen presented the consultant team from Adolfson Associates (Teresa Vanderburg and Kent Hale), who delivered the presentation. A copy of the Power Point presentation was included in the Planning Commission's packet. PUBLIC HEARING - Cottage Housing Code Amendment Continued to Wednesday, June 21, 2006, due to the lack of a quorum. ADDITIONAL BUSINESS Chair Elder apologized to the audience for the lack of a quorum. ADMINISTRA TIVE REpORT Ms. McClung informed the Commission that the City Council added two projects to work program, and included additional funds for staff. AUDIENCE COMMENT None ADJOURN The meeting was adjourned at 7:40 p.m. K:\Planning Commission\2006\Meeting Swrnnary 06-07-06.doc CITY OF FEDERAL WAY PLANNING COMMISSION June 21, 2006 7:00 p.m. City Hall Council Chambers MEETING MINUTES Commissioners present: Hope Elder, Dave Osaki, Dini Duclos, Bill Drake, Merle Pfeifer, Lawson Bronson, and Pam Duncan-Pierce. Commissioners absent: none. Alternate Commissioners present: none. Alternate Commissioners absent: Richard Agnew (excused). Staff present: Senior Planner Margaret Clark Senior, Planner Isaac Conlen, Assistant City Attorney Amy Jo Pearsall, and Administrative Assistant E. Tina Piety. Chair Elder called the meeting to order at 7 :00 p.m. ApPROVAL OF MINUTES Commissioner Drake moved (and it was seconded) to adopt the May 3,2006, minutes. The motion carried (seven yes). AUDIENCE COMMENT None ADMINISTRATIVE REpORT None COMMISSION BUSINESS PUBLIC HEARING - Cottage Housing Code Amendment Commissioner Duclos informed the Commission that she had conversations with Mr. Huffman during her campaign, but they did not discuss cottage housing. Mr. Conlen delivered the staff report. Cottage housing refers to small detached single-family units grouped around a common open space. Typical characteristics include community oriented design, construction characteristics of single-family housing, higher density, shared parking facilities, and architectural design standards. The purpose of cottage housing is to provide "more affordable" housing, provide infill, reduce urban sprawl, encourage social interaction, and promote safety. The proposed amendments include the suggestions made by the Planning Commission at their September 2005 study session. They also include input from a builder of cottage housing. Cottage housing is proposed to be allowed in the Single-Family Residential (RS) 5.0, RS 7.2, and all Multifamily Residential (RM) zoning districts. The provisions have been developed to be compatible with the surrounding residential uses. Commissioner Drake asked if there was demand for this type of housing and Mr. Conlen replied that he has talked to individuals interested in pursuing this type of development. Commissioner Drake asked if the City could require a homeowners association and Ms. Pearsall replied that the City does have that authority. Commission Duncan- Pierce asked for a larger scale map of potential sites for cottage housing. The meeting was opened for public testimony. K\Planning Commission\2006\Meeting Summary 06-21-06.doc Planning Commission Minutes Page 2 June 21, 2006 Garrett Huffman, Master Builders Association South King County Manager - He commented that this is a unique housing style that is still developing. More and more people want smaller housing. He feels the proposal is too prescriptive and does not allow much flexibility, which will make it less attractive to builders. He suggested that if the City wants to encourage this type of housing, they should add incentives (i.e. waive the impact fee, expedite the permit, allow change to the size of the common area if there are wetlands on the property, and flexibility for design ofthe houses) to the proposal. Even so, this is a good draft. He commented that affordable housing seems to be long gone and this cottage housing may not be affordable. There have been bidding wars among buyers in other areas for cottage housing units. He commented that there may be opposition from neighbors at first, but once they see them, neighbors will see that cottage housing fits well within single-family neighborhoods. Mr. Conlen agreed the draft code is prescriptive, but noted the draft includes a modification section to provide flexibility as needed. Commissioner Duncan-Pierce expressed concern that these are being marketed as starter homes, but people are being priced out of the market. A discussion was held on affordable housing. Ms. Clark commented that the City is working on other code amendments (such as zero lot line) in order to address affordable housing. The public testimony was closed. Commissioner Duclos moved (and it was seconded) for adoption ofthe proposal with a request to staff to research incentives that may encourage developers to pursue cottage housing. Discussion and the vote was held (three yes, four no); the motionfailed. Commissioner Drake moved (and it was seconded) for adoption of the proposal as recommended by staff. Discussion and the vote was held (six yes, one no); the motion passed. ADDITIONAL BUSINESS A study session on the zero-lot line code amendment will be held Wednesday, July 19, 2006. AUDIENCE COMMENT None ADJOURN The'meeting was adjourned at 8:05 p.m. K:\Planning Commission\2006\Meeting Summary 06-21-06.doc ~ CITYOF ~ Federal Way MEMORANDUM July 7,2006 TO: Hope Elder, Chair, Federal Way Planning Commission FROM: Margaret H. Clark, AICP, Senior Planner Janet Shull, AICP, Contract Planner SUBJECT: Draft Zero-Lot-Line Code Amendments MEETING DATE: July 19,2006 I. BACKGROUND In September 2005, the City received a citizen request for a zoning text amendment to allow zero lot line townhouse development in multifamily residential (RM) zones. Specifically, a request by Stateside Investments was submitted to amend the zoning code in order to allow zero-lot line development in the RM 2400 (one unit per 2,400 square feet) zone, which would allow townhouse developments on individual lots. The above-proposed code amendment would require a modification to the existing RM Use Zone Charts to allow for minimum lot sizes that are less than the existing minimum lot size requirement of 7,200 square feet. The reason for the amendment is to allow for individual townhouse dwelling units to be constructed on individual platted lots that approximate the underlying density per the zoning district. The Land Use/Transportation Committee (LUTe) reviewed the request at their meeting on November 21,2005, and recommended that it move forward to the City Council for a public hearing and determination on whether it should be studied further. The City Council reviewed the request at their meeting on December 6,2005, and recommended that the request be studied further and that draft text amendments be prepared for consideration by the Planning Commission and City Council. ll. REQUESTED ACTION Staff would like to receive Planning Commission comments and questions on the proposed code amendments shown as strikeout (proposed deletions) and underline (proposed additions) in the attached exhibits. Your comments will be incorporated into further revisions of the draft zero-lot-line code amendments. Please note that Exhibits 1-3 and 9-11 are directly related to the proposed zero-Iot- line townhouse development code amendments; however, they also include some housekeeping changes (i.e., minor revisions to the code intended to clarify or correct existing language), whereas Exhibits 4-8 are simply housekeeping items. m. SUMMARY OF EXHIBITS The following is a summary of the attached exhibits: Exhibit I Exhibit 2 Exhibit 3 Exhibits 4-7 Exhibit 8 Exhibit 9 Exhibit 10 Exhibit II Changes to subdivision code relating to zero-lot line code amendments and general housekeeping items taken off the "Future Code Amendments" table that staff maintains as these items are identified. There were also some changes made to reflect changes in state law, and other changes that appeared to be timely, such as the review process for condominiums. New definition for "zero-lot line dwelling units" to be added to the zoning code. New use zone chart for zero-lot line townhouse development. Housekeeping changes. Proposed change to "Affordable Housing Regulations" to make it consistent with a recent change to Chapter 5 of the comprehensive plan (another housekeeping item). Changes in the landscaping section to address zero-lot line development. Changes in the community design guidelines section to address zero-lot line development. Changes to address how many units may be accessed by a private tract. Please note that we are still working on the entire concept of whether alleys should be private or public and what standard they should be built to. When this decision is made by Public Works, it will determine how many units may be accessed off of a non-public right-of-way. IV. FURTHER STAFF REVIEW AND REpORT TO THE PLANNING COMMISSION Planning staff is currently coordinating with the Public Works Department on related alley right-of- way standards. Once this effort is completed, staffwill bring the proposed code amendments back to the Planning Commission for a public hearing and recommendation to the City Council. We look forward to receiving your comments and questions on the proposed code amendments at your upcoming meeting. I:\DOCUMENT\Zero Lot Line\Planning Commission\07-19-06 Memo to PC.doc Planning Commission Memorandum Draft Zero-Lot Line Code Amendments July 19,2006 Page 2 Exhibit 1 FEDERAL WAY CITY CODE 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 meanings 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 provisions of this chapter and Chapter 58.17 RCW. Binding site plans are divisions of land for sale or ground lease for commercial, industrial, manufactured home parks, and condominium use. Cottage housing means a grouping (4 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 neighborhoods (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 enjoyment of the public use or purpose to which the property has been devoted. Department means an administrative department of the city titled the department of community development services. Final plat means the final drawing of the subdivision and dedication prepared for filing 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. Hearing examiner means the hearing examiner operating pursuant to the powers and duties set forth by Chapter 22 FWCC, Zoning. 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 affidavit or by declaration under penalty of petjury. Exhibit 1 @2004 Code Publishing Co. Page 1 of 50 I:\DOCUMENl\Zero Lot Line\Exhibit 1 Subdivisions.doc 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. Lot means a parcel of land having fixed boundaries described by reference to a recorded 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 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. Plat means a map or representation of a subdivision showing the division of a tract or parcel 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 subdivision, 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. 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 access to adjacent parcels, with the secondary purpose of providing space for utility lines and appurtenances 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 subdivision means the division or redivision of land into four or less fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer including divisions of land 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 any ~ lot under this seetion, 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 lines of the lot running perpendicular to such center lot line. 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 five or more lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer and including all resubdivision of land except as provided in this chapter including divisions of land 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 any ~ lot under this seetion, 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 lines of the lot running perpendicular to such center lot line. 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 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. Exhibit 1 ~2004 Code Publishing Co. Page 2 of 50 I:\DOCUMENT\Zero Lot Line\Exhibit 1 Subdivisions.doc alley, or private tract), and tyPically 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 any front and rear yard, is owned in fee-simple. Zoning restriction means the restrictions contained in Chapter 22 FWCC, Zoning. (Ord. No. 90-41, 9 1(16.20),2-27-90; Ord. No. 97-291, 9 3,4-1-97; Ord. No. 98-309, 9 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: (l) Promote the health, safety and general welfare in accordance with standards established by the state and the city; (2) Promote effective use ofland 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 sefVlces; (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; (8) Require uniform monumenting of land divisions and conveyance of accurate legal descriptions; (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, 9 1(16.10.20),2-27-90; Ord. No. 97-291, 9 3,4-1-97) 20-3 Exemptions. The provisions of tills ehapter shall not apply to Subdivision review is not required for: (l) Cemeteries and other burial plots while used for that purpose; (2) Divisions of land into lots or tracts each of which is one-one hundred twenty-eighth 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 any lot under this item which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the center line of the road or street and the side lot lines of the lot running perpendicular to such center line: ~ Cll Divisions made by testamentary provisions, or the laws of descent; ~ (~ 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; (4j (i) 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; ~ (21 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 division 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; Exhibit I <<:>2004 Code Publishing Co. Page 3 of 50 1:\DOCUMEN1\Zero Lot Line\Exhibit I Subdivisions.doc ~ (11 Division of land into lots or tracts for condominium development if: (a) Such division is a result of subjeoting a portion of a paroel or tract of land to either Chapter 64.32 RCW (Horizontal Regimes '^1et) or Chapter 64.34 RC'.V (Condominium .^~et) subsequent to the reoording of a binding site plan for all sueh land subiect to the binding site plan process and processed under the requirements of Chapter 64.34. RCW - Condominium Act; f71 ill Divisions of land due to condemnation or sale under threat thereof, by an agency or division of government vested with the power of condemnation; t81 ill Divisions or acquisition ofland for public right-of-way. (l0) Division for the purpose of leasing land for facilities providing personal wireless services while used for that purpose. "Personal wireless services" means any federally licensed personal 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; (11) 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 purposes of this subsection. "electric utility facilities" means un-staffed facilities. except for the presence 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 only applies to electric utility facilities 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 subject to the provisions of this subsection are planned and constructed. (Ord. No. 97-291, ~ 3,4-1-97) 20-4 Interpretation - Conffict. (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 or of any other 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. 90-41, ~ 1(16.450.10, 16.450.20),2-27-90; Ord. No. 97-291, ~ 3,4-1-97) 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 of land shall be deemed a separate 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 the final plat containing the lot, tract or parcel. All payments on account of an offer or agreement conditioned 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 Exhibit 1 @2004 Code Publishing Co. Page 4 of 50 I:\DOCUMEN1\Zero Lot Line\Exhibit 1 Subdivisions.doc 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 of this 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' property 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 land 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 alternative to conforming his property to these requirements, rescind the sale, or transfer and recover 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 prescribed 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 council, 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 1 FWCC, Articles II, III, nuisl\nee .Nuisance and Injunction Actions, or other civil or equitable actions to abate, discontinue, correct or discourage 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 event such action is commenced, the costs of such action may be taxed against the violator. (Ord. No. 90-41,S 1(16.460.10, 16.460.20),2-27-90; Ord. No. 97-291, S 3,4-1-97; Ord. No. 99-342, S 11,5-4-99) 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, S 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. Exhibit 1 <<;)2004 Code Publishing Co. Page 5 of 50 l:\DOCUMENT\Zero Lot Line\Exhibit 1 Subdivisions.doc 20-41 20-42 20-43 20-44 20-45 20-46 Division 2. Boundary Line Adjustments Scope. Review process. Applications. Determination of completeness. Director's decision. 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. 20-61 20-62 20-63 20-64 20-65 20-66 20-67 20-68 20 69 20-69 Division 4. Binding Site Plans Subdivisions requiring binding site plan. Application. Determination of completeness. Plan review. Director's decision. Recordation. Identification of other restrictions. Alteration of binding site plan. 20 80 Reserved. Division 5. Cottaee Development Application and review process. Division 6. Zero-Lot Line Development 20-70 Application and review process. 20-71 - 20-80 Reserved. 20-81 20-82 20-83 20-84 20-85 20-86 20-87 Division S 1. Short Subdivision Plats Application and review process. Preapplication conference. Content and form of application. Routing. Determination of completeness. Time limitation for approval or disapproval of plats - Extension. Compliance with State Environmental Policy Act. Exhibit 1 ~2004 Code Publishing Co. Page 6 of 50 l:\DOCUMENTiZero Lot Line\Exhibit 1 Subdivisions.doc 20-88 20-89 20-90 20-91 20-92 20-93 20-94 20-95 20-96 20-97 20-98 20-99 20-100 20-101 20-102 20-103 20-104 20-105 20-106 20-107 20-108 20-108.5 20-109 20-110 20-111 20-112 20-113 20-114 20-115 20-116 20-117 20-118 20-119 20-120 20-121 20-122 20-123 20-124 20-125 20-126 20-127 20-128 20-129 20-130 20-131 Process for review. Official file. Notice. Burden of proof. Written comments. Director's decision. Appeals. Notice of appeal hearing. Participation in the appeal. Scope of the appeal. Staff report on appeal. Public hearing on appeal. Electronic sound recordings. Burden of proof. Continuation of the hearing. Decision on appeal. Judicial review. Departmental action. Effect - Duration approval. Effect - Time extension. Improvements - Completion or guarantee. Alteration and vacation of short plats. Recording of short plat. Division 6 ~. Preliminary Plat General procedure. Content and form of application. Conformance with applicable codes and standards. Determination of completeness - Routing. Time limitation for approval or disapproval of plats. Completion of environmental policy process. Process for review. Official file. Notice of application. Notice of public hearing. Report to hearing examiner - Review. Public hearing. Electronic sound recording. Burden of proof. Public comments and participation at the hearing. Continuation of the hearing. Recommendation by the hearing examiner. City council review, action. Notice of decision on preliminary plat application. Effect of decision. Judicial review. Duration of approval. Exhibit 1 ~2004 Code Publishing Co. Page 7 of 50 l:\DOCUMEN1\Zero Lot Line\Exhibit 1 Subdivisions.doc Division 1- 2. 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 810. Alterations of Plats 20-140 20-141 20-142 20-143 20-144 20-145 20-146 20-147 Plat alteration distinguished from boundary line adjustment. Alteration application. Acceptance of application - Routing. Process for review and notice of public hearing. Report to hearing examiner - Review. City council review, action. Effect - Duration of approval. Final drawings. Division 9-11. 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. 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. and cottage housing and zero-lot line townhouse developments of five lots or more. The developer may request a preapplication conference for short plats, and cottage housing and zero-lot line townhouse developments of four lots or fewer. and binding site plans. Preapplication conferences are conducted in accordance with the following requirements: (1) 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. Exhibit 1 tt:>2004 Code Publishing Co. Page 8 of 50 I:\DOCUMEN1\Zero Lot Line\Exhibit 1 Subdivisions.doc (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, ~ 1(16.40),2-27-90; Ord. No. 97- 291, ~ 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, cottage housing, zero-lot line townhouse development, 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. (Ord. 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 boundaries on existing lots. Such alteration shall not increase the number of lots nor diminish in size open space 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, ~ 1(16.200.10),2-27-90; Oed. No. 97-291, ~ 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, ~ 1 (16.200.10),2-27-90; Ord. No. 97-291, ~ 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 the following information: (1) 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 area, 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. (Oed. No. 90-41, ~ 1(16.200.20),2-27-90; Ord. No. 97-291, ~ 3, 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 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 Exhibit 1 <<:>2004 Code Publishing Co. Page 9 of 50 I:\DOCUMENT\Zero Lot Line\Exhibit 1 SubdivisionS.doc 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. (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, S 3, 4-1-97) 20-45 Director's decision. The director will endeavor to issue his or her decision on the land use and design components 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 provided 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 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 boundary line adjustment is part 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 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 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, S 3, 4-1-97) 20-46 Recordation. All approved boundary line adjustments shall be recorded with 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, S 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, S 3,4-1-97) Exhibit 1 <92004 Code Publishing Co. Page 10 of 50 I:\DOCUMENT\Zero Lot Line\Exhibit 1 Subdivisions.doc 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 applicant. 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 II 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 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. (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, ~ 3, 4-1-97) 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 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. Exhibit I C02004 Code Publishing Co. Page II of 50 I:IDOCUMENT\Zero Lot Line\Exhibit I SubdivisionS.doc (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, ~ 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 pursuant to FWCC 20-51, except 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 information has been provided 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 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 120-day time period does not apply if an application for a lot line elimination is part 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 120-day period, and an estimated date for issuance of the notice of final decision. (Ord. No. 97-291, ~ 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 recording number, shall be forwarded to the applicant, the file, and the King County department of assessments for assessment purposes. All fees for such recording shall be paid by the applicant prior to recording. (Ord. No. 97-291, ~ 3,4-1-97) 20-54 - 20-60 Reserved. 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, or industrial development, or which is to be developed as condominiums or ~ manufactured home park shall be required to obtain an approved binding site plan in accordance with this and other ordinances of the city. Condominiums are required to obtain a binding site plan only where a division of land is required to Exhibit 1 ((;)2004 Code Publishing Co. Page 12 of 50 I:\DOCUMEN1\Zero Lot Line\Exhibit 1 Subdivisions.doc accomplish the condominium, for instance, to separate the condominium from other property not involved in the condominium. (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 requirements 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 (whether 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. (l) 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 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. (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 with 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 58.17 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. (1) Coordination with decisions under the State Environmental Policy Act. If a SEPA threshold determination is required to be issued, the threshold determination must follow the end of the public comment period on the project permit application, but precede the director's decision on binding site plan application. If the SEP A threshold determination 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, except that the following periods shall not be included in the calculation of the 120-day period: Exhibit I @2004 Code Publishing Co. Page 13 of 50 I:\DOCUMENT\Zero Lot Line\Exhibit I Subdivisions.doc 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 provided 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 subsection shall apply as if a new request for studies had been made. b. Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to Chapter 43.21 C RCW. c. Any period for administrative appeals of the SEP A threshold determination; provided, that the time period for consideration 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 extend the 90- or 60-day periods, respectively. d. Any extension of time mutually agreed upon by the applicant and the city. The 120-day time period does not apply if a binding site plan application 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 36.70A.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 of this fact to the applicant. The notice shall include a statement of reasons why the decision has not been issued within the 120-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 elections 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 requirements set forth in this division for the approval of a binding site plan. (Ord. No. 98-309, ~ 3, 1-6-98) 20-69 - 20-80 Reserved. Division 5. Cottaee Housine 20-69 Application and review process. Application for a cottage housing development consisting of four lots or fewer shall be submitted and processed according to the requirements for content and form for short subdivisions and process as stated Exhibit 1 @2004 Code Publishing Co. Page 14 of 50 I:\DOCUMEN1\Zero Lot Line\Exhibit 1 Subdivisions.doc in FWCC 20-81 through 20-109. Application for a cottage housing development consisting of five lots or more shall be submitted and processed according to the requirements for content and form for preliminary plats and final plats as stated in FWCC 20-110 through 20-131 and 20-132 through 20-137. Applications for alteration and vacations of a cottage housing development consisting of five lots or more shall be submitted and processed according to the requirements in FWCC 20-140 through 20-147 and FWCC 20- 148 through 20-148.8, respectively. Division 6. Zero-Lot Line Development 20-70 Application and review process. Applications for a zero-lot line townhouse development consisting of four lots or fewer 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 20-1-9. Application for a zero-lot line townhouse development consisting of five lots or more 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 20-137. Applications for alteration and vacations of a zero-lot line townhouse development consisting of five lots or more shall be submitted and processed according to the requirements in FWCC 20-140 throu~h 20-147 and FWCC 20-148 through 20-148.8, respectively. Division ~ 1. Short Subdivision Plats 20-81 Application and review process. The general procedure for processing an application for a short subdivision consists of the following steps: (1) 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 director of the department of community development services. (5) Review of engineering drawings for required public improvements. (6) Approval of engineering plans by public works director. (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, S 1(16.130.10 -16.130.70), 2-27-90; Ord. No. 97-291, S 3, 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 improvements, and conformance with the comprehensive plan and zoning ordinance. The director may request the attendance of other staff members at the pre application 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. 90-41, S 1(16.140.10, 16.140.20),2-27-90; Ord. No. 97-291, S 3,4-1-97) Exhibit] @2004 Code Publishing Co. Page ]5 of 50 ]:\DOCUMEN1\Zero Lot Line\Exhibit ] Subdivisions.doc 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 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 proposed short subdivision drawn to a scale of one inch represents 50 feet or larger, and should be accompanied by the following information: (1) Proposed name of the 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 of20 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 proposed short subdivision and adjoining properties. (10) 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. (II) 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, and dimensions of proposed lots. (15) Parcels ofland intended to be dedicated for public use, or reserved for use of owners 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 the design for the control of surface water drainage. (18) Typical roadway sections. (19) Vicinity map indicating the proposed short subdivision's relation to the area. (20) A copy of the current county quarter section map for the appropriate area. (21) If applicable under FWCC 18-141 et seq., completed checklists or other required environmental documentation. (22) The fee established by the city. The application shall not be accepted unless it is accompanied by the requested fee. (23) Additional information as required at the discretion of the director. (Ord. No. 90-41, ~ 1(16.150.10-16.150.30),2-27-90; Ord. No. 97-291, ~ 3, 4-1-97) Exhibit 1 <<:>2004 Code Publishing Co. Page 16 of 50 I:\DOCUMEN1\Zero Lot Line\Exhibit I Subdivisions.doc 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 septic 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 regarding, 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, S 1(16.160.10, 16.160.20),2-27-90; Ord. No. 97-291, S 3,4-1-97) 20-85 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 20-83 to determine whether the proposed 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 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. (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 ifnew information is required or substantial changes in the proposed action occur. (Ord. No. 97-291, S 3,4-1-97) 20-86 Time limitation for approval or disapproval of plats - Extension. An application for ~short plats shall be approved, disapproved, or returned to the applicant 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 of denial, the city shall specify what item(s) are needed for a complete application; or the basis for denial. (Ord. No. 97- 291, S 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 of the State Environmental Policy Act. (Ord. No. 97-291, S 3,4-1-97) 20-88 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 20-93. Appeals will be decided by the hearing examiner after a public hearing, pursuant to FWCC 20-94 et seq. The short subdivision application shall be processed as set out in FWCC 20-89 et seq. (Ord. No. 90-43, S 2(145.05), 2- 27-90; Ord. No. 97-291, S 3,4-1-97) Exhibit 1 @2004 Code Publishing Co. Page 17 of 50 1:\DOCUMEN1\Zero Lot Line\Exhibit 1 Subdivisions.doc 20-89 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 appeal. 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, S 3,4-1- 97) 20-90 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 containing the following information: (1) The name of the applicant and, if applicable, the project name. The date of application, 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 by the city, any other permits which are not included in the application. (4) A brief description of the requested decision, a list of the project 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 the director of community development services regarding the application within 15 days of the date of the notice. (7) A statement that only persons who submit written comments to the director of community development services or specifically requests a copy of the original decision may appeal the 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. (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 days 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 subject property. Of these, at least one will be posted on or adjacent to every public right-of-way providing primary vehicular access to any property that abuts the subject property. (3) A copy of the notice will be posted on each of the official notification boards of the city and public libraries located within the city. (Ord. No. 97-291, S 3,4-1-97; Ord. No. 00-375, S 6,10-3-00) Exhibit I @2004 Code Publishing Co. Page 18 of 50 I:\DOCUMEN1\Zero Lot Line\Exhibit I Subdivisions.doc 20-91 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) 20-92 Written comments. The director of community development services shall consider all written comments and information regarding the requested decision that are received by the department of community development services before the deadline contained within the notice regarding the application. (Ord. No. 97-291, ~ 3,4-1-97) 20-93 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 criteria listed in FWCC 20-126(c) in deciding upon the application. In addition, the director of community development services may approve the application only if: (I) It is consistent with the comprehensive plan; (2) It is consistent with all applicable provisions ofthis chapter; and (3) It is consistent with the public health, safety, and welfare. (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 reasonably necessary to eliminate or minimize any undesirable effects of granting the application. Any 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: (I) A statement granting, modifying and granting, or denying 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 any 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 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. (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 may request a change in valuation for property tax purposes notwithstanding any program of revaluation. (e) Distribution of written decision. 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 copy will be mailed to each person who submitted written comments or information to the director of community development services. (3) A copy will be mailed to any 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) 20-94 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 20-93. Exhibit 1 <el2004 Code Publishing Co. Page 19 of 50 I:\DOCUMEN1\Zero Lot Line\Exhibit 1 Subdivisions.doc (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 ofthe 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: (1) 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: (1) 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 of the appeal. Exhibit I ~2004 Code Publishing Co. Page 20 of 50 I:\DOCUMEN1\Zero Lot Line\Exhibit I Subdivisions.doc (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: (1) 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, ~ 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, ~ 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, ~ 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 oflaw or that its findings of fact or conclusions are incorrect. (Ord. No. 97-291, ~ 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, ~ 3,4-1-97) 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 ofthe city. (Ord. No. 97-291, ~ 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, ~ 3,4-1-97) Exhibit 1 @2004 Code Publishing Co. Page 21 of 50 I:\DOCUMENT\Zero Lot Line\Exhibit 1 Subdivisions.doc 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 or regulations 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: (I) 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. (I) 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. (1) 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, S 1 (16.180.10 -16.180.50),2-27-90; Ord. No. 97-291, S 3, 4-1-97; Old. No. 00-375, S 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. (c) Short subdivisions are perpetuallv vested to the zoning codes in effect on the land at the time a fully completed application for short plat approval is submitted. (Ord. No. 97-291, S 3, 4-1-97) Exhibit I <<:12004 Code Publishing Co. Page 22 of 50 I:\DOCUMEN1\Zero Lot Line\Exhibit I Subdivisions.doc 20-107 Effect - Time extension. (a) No less than 30 days prior to lapse of approval under FWCC 20 105 20-106, 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 ofPWCC 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, S 3, 4-1-97) 20-108 Improvements - Completion or guarantee. (a) Prior to recording of the short, 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, 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. (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. 97-291, S 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 .L^.rtiolc II, Di'.ision 9, oftms ehapter FWCC 20-148 et seq. Exhibit 1 <<)2004 Code Publishing Co. Page 23 of 50 I:\DOCUMEN1\Zero Lot Line\Exhibit 1 Subdivisions.doc (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 f.rtiole 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 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 lots in any manner within a five-year period without receiving preliminary and final plat approval. (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 (t ~. Preliminary Plat 20-11 0 General procedure. The general procedure for processing an application for a subdivision consists of seven steps as follows: (1) A pre application 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; Exhibit 1 (\)2004 Code Publishing Co. Page 24 of 50 1:\DOCUMEN1\Zero Lot Line\Exhibit I Subdivisions.doc (3) Review of the proposed preliminary plat by the responsible official in order to insure compliance with the state environmental policy act, RCW 43.21C.010 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 Lakehaven 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, S 1(16.30.10 - 16.30.70),2-27-90; Ord. No. 97-291, S 3,4-1-97; Ord. No. 98-309, S 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 information: (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 of20 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, views, significant trees, and water bodies to the extent that significant natural features and/or their associated buffers affect the proposed preliminary plat. 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. 1. 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. Exhibit I <<:l2004 Code Publishing Co. Page 25 of 50 1:\DOCUMENT\Zero Lot Line\Exhibit 1 Subdivisions.doc n. Layout, number, 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 design for the control of surface water drainage. r. Typical roadway sections. 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) of this section. (5) Two eight-and-one-half-inch by II-inch transparencies and paper positives ofthe 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 sefVlces. (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 purpose of such fees is to defray the city's cost in processing the application. (Ord. No. 90-41, ~ 1(16.50),2- 27-90; Ord. No. 97-291, ~ 3, 4-1-97; Ord. No. 98-309, ~ 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, ~ 1(16.60),2-27-90; Ord. No. 97-291, ~ 3, 4-1-97) 20-113 Determination of completeness - Routing. (a) Completeness. (I) 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 Exhibit 1 <i:J2004 Code Publishing Co. Page 26 of 50 I:\DOCUMENT\Zero Lot Line\Exhibit 1 Subdivisions.doc 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: (1) 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 Distriet No. 39 South King County Fire; (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, ~ 3,4-1-97) 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 of the threshold determination. (Ord. No. 90-41, ~ 1(16.80),2-27-90; Ord. No. 97-291, S 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, S 1(16.90.10 - 16.90.30), 2-27-90; Ord. No. 97-291, ~ 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. Exhibit 1 tl:>2004 Code Publishing Co. Page 27 of 50 I:\DOCUMEN1\Zero Lot Line\Exhibit 1 Subdivisions.doc (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, ~ 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 recommendation of the hearing examiner appeal the city council's final decision on the matter. (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. Exhibit 1 C92004 Code Publishing Co. Page 28 of 50 I:\DQCUMENT\Zero Lot Line\Exhibit 1 Subdivisions.doc (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. 97-291, S 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 of the public hearing. (d) Timing. The public notification sign or signs must be removed within seven calendar days after the final decision of the city on the matter. (Ord. No. 97-291, S 3, 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: (I) All pertinent application materials. (2) An analysis of the application under the relevant proVISIons 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 Exhibit 1 @2004 Code Publishing Co. Page 29 of 50 l:\DOCUMENl\Zero Lot Line\Exhibit 1 Subdivisions.doc 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, S 1(16.100.10, 16.100.20),2-27-90; Ord. No. 97-291, S 3, 4-1-97) 20-121 Public hearing. (a) General. The hearing examiner shall hold an open record hearing on each application. (b) Open to public. The hearings ofthe 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, S 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, S 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, S 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 ofthe hearing. (Ord. No. 97-291, S 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, S 3, 4-1-97) 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: (1) 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.o Exhibit 1 tl:l2004 Code Publishing Co. Page 30 of 50 I:\DOCUMEN1\Zero Lot Line\Exhibit 1 Subdivisions.doc (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 ofthe 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, ~ 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 of review. 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 ofthe 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 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: (1) 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 will 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, ~ 1(16.110.10-16.110.50),2-27-90; Ord. No. 97-291, ~ 3, 4-1-97) Exhibit 1 @2004 Code Publishing Co. Page 31 of 50 1:\DOCUMEN1\Zero Lot Line\Exhibit 1 Subdivisions.doc 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) Final 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) 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: (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, S 3,4-1-97) 20-131 Duration of approval. (a) Preliminary plat approval shall expire five years from the date of city council approval unless substantial progress has been made toward completion 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 of the preliminary plat. Exhibit 1 @2004 Code Publishing Co. Page 32 of 50 I:\DOCUMEN1\Zero Lot Line\Exhibit 1 Subdivisions.doc (b) In considering whether to grant the extension, the hearing examiner shall consider whether 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 reconsideration is warranted, a public hearing shall be scheduled and advertised in accordance with FWCC 20-119. (c) 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; 2. Final Plat 20-132 Submission. (a) A 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. (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 offeet. Blocks in numbered additions to subdivisions bearing the same name may be numbered or lettered consecutively through the several additions. (12) All lots must be provided with mailing addresses by the building official. Said addresses must be provided on the face of the final plat. (13) 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. Exhibit I <02004 Code Publishing Co. Page 33 of 50 1:\DOCUMEN1\Zero Lot Line\Exhibit I Subdivisions.doc (14) 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. (15) 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. (16) 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. (17) A full and correct legal description of the property platted. (18) Restrictions or conditions on the lots or tracts in the plat required by the hearing examiner or city council. (19) All signatures on the final plat mylar shall be in reproducible black ink. (20) Additional pertinent information as required by director of public works or the director of community development services. (21) 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 of a 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 Exhibit 1 rQ2004 Code Publishing Co. Page 34 of 50 l:\DOCUMENT\Zero Lot Line\Exhibit 1 Subdivisions.doc 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, S 1(16.390.10, 16.390.20),2-27-90; Ord. No. 97-291,93,4-1-97) 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, 9 3,4-1-97) 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. (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, 9 1(16.400.10 - 16.400.30), 2-27-90; Ord. No. 97-291,93,4-1-97) 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 ooly 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 of land to any public body, Exhibit 1 \l:J2004 Code Publishing Co. Page 35 of 50 I:\DOCUMENTlZero Lot Line\Exhibit 1 Subdivisions.doc 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 [mal 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, ~ 1(16.410.10-16.410.30),2-27-90; Ord. No. 97-291, ~ 3,4-1-97) 20-137 Appeal of decision on final 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, S 3,4-1-97) 20-138, 20-139 Reserved. Division 810 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 F'NCC 20 141, if anyone of the following threshold criteria are met: (1) 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 I 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 Exhibit 1 ()2004 Code Publishing Co. Page 36 of 50 1:\DOCUMENT\Zero Lot Line\Exhibit 1 Subdivisions.doc (3) The city determines that the change will result in or increase any adverse impacts or undesirable 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, ~ 1, 11-9-93; Ord. No. 97-291, ~ 3,4-1-97) 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 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, ~ 1, 11-9-93; Ord. No. 97-291, ~ 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: (1) Public works department; (2) Lakehaven utility district and/or city of Tacoma public utilities department and/or other utility district, as appropriate; (3) Fire Distriet 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: (1) 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, * 1, 11-9-93; Ord. No. 97-291, ~ 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. Exhibit I ~2004 Code Publishing Co. Page 37 of 50 I:\DOCUMENTlZero Lot Line\Exhibit I Subdivisions. doc (b) Notice of the hearing shall be mailed to the appropriate city or county officials if theif-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. (Old. No. 93-191, ~ 1, 11- 9-93; Old. No. 97-291, ~ 3, 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. (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: (1) 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) FWCC 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 Exhibit 1 <1:>2004 Code Publishing Co. Page 38 of 50 l:\DOCUMEN1\Zero Lot Line\Exhibit 1 Subdivisions.doc 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. 93-191,9 1, 11-9-93; Ord. No. 97-291, 9 3, 4-l~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. 93-191,9 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 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 included 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 services 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 have changed to a sufficient degree since conditional approval of the alteration to warrant reconsideration. If the hearing examiner deems such reconsideration is warranted, a public hearing shall be scheduled and advertised in accordance with FWCC 20-143~. (e) The hearing examiner may grant a one-year 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, 9 1, 11-9-93; Ord. No. 97-291,93,4-1-97) 20-147 Final drawings. After approval of the alteration and satisfaction of all approval necessary per FWCC 20 14e(b) 20- ~, 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 20-133. 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, 9 1, 11-9-93; Ord. No. 97-291, g 3,4-1-97) Division 911. 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. Exhibit I <02004 Code Publishing Co. Page 39 of 50 1:\DOCUMEN1iZero Lot Line\Exhibit I Subdivisions.doc (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. (2) Completed application defined. A completed application shall be as required for preliminary plats, pursuant to FWCC 20 113 20-111. (Ord. No. 98-309, S 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: (1) 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 ofthe application. (Ord. No. 98-309, S 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~ 116 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 20-148.2(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, S 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 N Review - Hearing Examiner's Decision. (Ord. No. 98-309, S 3, 1-6-98) Exhibit 1 ~2004 Code Publishing Co. Page 40 of 50 I:\DOCUMENT\Zero Lot Line\Exhibit 1 Subdivisions.doc 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. Article III. DESIGN CRITERIA Sections: 20-151 Subdivision design. 20-152 Lot design. 20-153 Density. 20-154 Cluster subdivision. 20-155 Open space and recreation. 20-156 Pedestrian and bicycle access. 20-157 View considerations. 20-158 - 20-175 Reserved. 20-151 Subdivision design. (a) Subdivisions 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 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, ~ 1(16.210.10 - 16.210.60), 2-27-90; Ord. No. 97-291, ~ 3,4-1-97; Ord. No. 98-330, ~ 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) ~ All lots shall be accessed by a public street right-of-way. except up to four lots in a effistef subdivision, and UP to 10 lots in a zero lot line townhouse or cottage housing development may be accessed by a private tract or by an alley. all lots should abut a publie street right of way. Residential lots should not have access onto arterial streets. (e) Alley access is encouraged for lots in zero lot line townhouse and small lot detached unit developments to avoid a garage-dominant front yard streetscape. (Ord. No. 90-41, ~ 1(16.220.10 - 16.220.40),2-27-90; Ord. No. 97-291, ~ 3,4-1-97; Ord. No. 98-330, ~ 3,12-15-98) Exhibit 1 @2004 Code Publishing Co. Page 41 of 50 1:\DOCUMEN1\Zero Lot Line\Exhibit 1 Subdivisions.doc 20-153 Density. (a) All lots in conventional subdivisions shall meet the density and minimum lot size requirements of Chapter 22 FWCC. Calculation of density in subdivisions shall not include streets. private tracts. or vehicle access easements. except for zero-lot line townhouse development. which may utilize private tracts or vehicle access easements in the density calculation. (b) Lots created in cluster subdivisions may be below the minimum lot size requirements of Chapter 22 FWCC, Zoning, provided the total mHuber of lots ereated does Ret exceed the 1'H::lffiser whieh would be permitted in a eonventional subdivisioR 0fl a site of the same total area, after reservati OR ef required open spaee as allowed in FWCC 20-154. The tetal maximum number of lots permitted will be calculated by subtracting the required 15 1'ercent 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. (c) Lots created for zero lot line townhouse development in multiple family (RM) residential zones may be below the minimum lot size requirements of Chapter 22 FWCC. Zoning. provided the total number of lots permitted does not exceed the maximum density calculated in units per acre for the underlying zoning district. Lot size must also be sufficient to accommodate minimum setback. maximum lot coverage. off-street parking. and private open space requirements. Refer to FWCC. Chal'ter 22. Section 226X for additional requirements. (Ord. No. 90-41, S 1(16.230.10, 16.230.20),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) 20-154 Cluster subdivision. (a) Purpose. 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. (I) 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)(I) (affordable housing bonus). (3) When the cluster subdivision abuts an established single-family use or 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. Exhibit I <<::>2004 Code Publishing Co. Page 42 of 50 l:\DOCUMENT\Zero Lot Line\Exhibit 1 Subdivisions.doc (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 common open space at least 10 percent of the gross land area, 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. (5) Each dwelling unit shall meet the design standards in the Federal Way City Code 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 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 short plats. 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 site: exeept for subdi'lisions ereated ooder FWCC 20 154, There are no open s\lace requirements for short plats. Open space requirements for zero lot line townhouse development are found in FWCC 22-6XX; open space requirements for cottage housing: are found in FWCC Chapter 22. Article XII; and open space requirements for cluster subdivisions are found in FWCC 20-154. Except for cluster subdivisions. cottage housing. and zero lot line townhouse development. 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. The fee in lieu of open spaee shall be eall:1Ulated on 15 pereent ef the most reeent assessed value of the property. In the a:bsenee of an assessment, the mark~t value shall be basel:! eFl an appraisal eendueted by a M.'\1 eertified appraiser er another professional appraiser appr-ovel:! by the parks direetor If the applicant 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 ,^.nd exeept fEor 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 Exhibit I ~2004 Code Publishing Co. Page 43 of 50 I:\DOCUMENT\Zero Lot Line\Exhibit I Subdivisions.doc 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. (c) Any combination of open space types may be used to accomplish the total area required to be reserved as follows: Open Space Category % of Gross Land Area Usable 10% minimum Conservation No maximum or minimum Buffer 2% maximum Constrained 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 as members of a homeowners' association or corporation as set out in a declaration of covenants and restrictions, and approved by the city. (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, S 1(16.250.10 - 16.250.60), 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) 20-156 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, S 1(16.260.10 - 16.260.30), 2-27-90; Ord. No. 97-291, S 3, 4-1-97; Ord. No. 98-330, S 3, 12-15-98) Exhibit 1 1i)2004 Code Publishing Co. Page 44 of 50 l:\DOCUMENT\Zero Lot Line\Exhibit 1 Subdivisions.doc 20-157 View considerations. (a) Design of new subdivisions 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 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, S 1(16.270.10,16.270.20),2-27-90; Ord. No. 97-291, S 3,4-1-97; Ord. No. 98-330, S 3,12-15-98) 20-158 - 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. 20-176 Improvements required. Street improvements, and the dedication of rights-of-way and/or easements, shall be required in accordance with FWCC 22-1471 et seq., regarding required improvements to rights-of-way and 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, S 1(16.440.20),2-27-90; Ord. No. 97-291, S 3, 4-1-97; Ord. No. 98-330, S 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, S 1(16.440.10),2-27-90; Ord. No. 98-330, S 3, 12-15-98) 20-178 Buffers. (a) Subdivision design should provide a 10-foot-wide Type III landscape strip along all arterial streets to shield new residences from arterial streets. See FWCC 22-1565(c). Said landscape strip shall be provided in a separate tract to be owned and maintained by the homeowners' association. (1) Buffer Type 2 ',';hen adjacent to nonresidential or nonagricultural uses; (2) Buffer Type 3 'lIhen adjaeent to multifamily or professional office uses; (3) Buff-er Type 3 when the density of the proposed subdivision exceeds the allowed density of adjacent platted, single family properties. Exhibit 1 ((;)2004 Code Publishing Co. Page 45 of 50 l:\DOCUMENTlZero Lot Line\Exhibit I Subdivisions.doc (b) EKisting mature '/egetation shall be retained for buffering purposes as proyided in f'NCC 22 1573 regarding use of significant natural '/egetation. fe1 .Qi} Perimeter fencing in subdivisions shall be located on the interior side of landscape strips planted along arterial streets. (Ord. No. 90-41, S 1(16.280.10 - 16.280.30), 2-27-90; Ord. No. 97-291, S 3,4-1- 97; Ord. No. 98-330, S 3, 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. 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. (Ord. No. 90-41, S 1(16.290),2-27-90; Ord. No. 97-291, S 3,4- 1-97; Ord. No. 98-330, S 3, 12-15-98) 20-180 Streets and rights-of-way. (a) All streets within an approved subdivision shall be within a dedicated public right-of-way. Except. Pnrivate tracts may be used for up to four lots in.shaft subdivisions~ and cluster subdivisions: and up to 10 lots in a zero lot line townhouse and cottage housing development; using cross-section type "Y" as described in FWCC 22-1528. Allevs may be used in zero lot line townshouse development and cottage housing using cross-section type "New cross-section." NOTE: WE ARE RESEARCHING WHETHER ALLEYS SHOULD BE PUBLIC OR PRIVATE AND ALSO WILL BE COMING UP WITH DEVELOPMENT STANDARDS FOR ALLEYS; PUBLIC WORKS WILL BE MAKING A RECOMMENDATION. (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 and vehicular access easements and tracts. (c) All streets abutting the subdivision or short subdivision shall be improved in accordance with FWCC 22-1471 et seq., regarding required improvements to rights-of-way and vehicular access easements. (d) All traffic control devices within the subdivision or short subdivision 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: NOTE: WE MAY ADOPT A DIFFERENT BLOCK PERIMETER FOR ZERO-LOT LINE DEVELOPMENT. (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. (Ord. No. 90-41, S 1(16.300.10 - 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~ eF short subdivision, cottage housing, or zero-lot line townhouse development 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 of the final plat~ ef-short plat, cottage housing, or zero-lot line townhouse development. Easements shall be shown on the face of the final plat. (Ord. No. 90-41, S 1(16.310.10, 16.310.20),2-27-90; Ord. No. 97-291, S 3,4-1-97; Ord. No. 98-330, S 3,12-15-98) Exhibit 1 @2004 Code Publishing Co. Page 46 of 50 l:\DOCUMEN1\Zero Lot Line\Exhibit 1 Subdivisions.doc 20-182 Sewage disposal. (a) Wherever feasible, all lots in subdivisions~ and short subdivisions, cottage housing, or zero-lot line townhouse development 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 of the final plat or short plat. Easements shall be shown on the face of the final plat~ short plat, plan of cottage housing, or the zero-lot line townhouse development. (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. 90-41, ~ 1(16.320.10 - 16.320.30), 2-27-90; Ord. No. 97-291, ~ 3,4-1-97; Ord. No. 98-330, ~ 3, 12-15-98) 20-183 Storm drainage. (a) All subdivisions~ and short subdivisions, cottage housing, or zero-lot line townhouse development 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, cottage housing, or zero-lot line townhouse development 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~ er short plat, cottage housin~, or plan of the zero-lot line townhouse development. (Ord. No. 90-41, ~ 1(16.330),2-27-90; Ord. No. 97-291, ~ 3,4-1-97; Ord. No. 98-330, ~ 3, 12-15-98) 20-184 Other utilities. (a) All lots in subdivisions~ and short subdivisions, cottage housing, or zero-lot line townhouse development 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~ er short plat, or plan of the zero-lot line townhouse development. (Ord. No. 90-41, ~ 1(16.340.10, 16.340.20),2-27-90; Ord. No. 97-291, ~ 3,4-1-97; Ord. No. 98-330, ~ 3, 12-15-98) 20-185 Street lighting. (a) All subdivisions~ and short subdivisions, cottage housing, or zero-lot line townhouse development 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, S 1(16.350.10, 16.350.20),2-27-90; Ord. No. 97-291, ~ 3, 4-1-97; Ord. No. 98-330, ~ 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~ er short subdivision, cottage housing, or zero-lot line townhouse development application. 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, short plat. cottage housing, or zero-lot line townhouse development application. During construction of subdivision improvements and permitting of single-family residences or dwelling units in cottage housing or zero-lot line townhouse development, protection techniques, as required in Chapter 22 FWCC, Zoning, shall be Exhibit I <92004 Code Publishing Co. Page 47 of 50 I:\DOCUMENT\Zero Lot Line\Exhibit I Subdivisions.doc 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, S 1(16.360.10 -16.360.40),2- 27-90; Ord. No. 97-291, S 3, 4-1-97) 20-187 Monuments. (a) Permanent survey control monuments shall be provided for all final plats~ aH&-short plats. cottage housing. or zero-lot line townhouse developments at: (1) All controlling comers on the boundaries of the subdivision~ ef short subdivision. cottage housing. or zero-lot line townhouse development; (2) The intersection of centerlines of roads within the subdivision~ ef short subdivision~ cottage housing. or zero-lot line townhouse development; 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 corner shall be marked by a three-quarter-inch galvanized iron pipe or approved equivalent, driven into the ground. If any land in a subdivision~ ef short subdivision, cottage housing. or zero-lot line townhouse development 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, S 1(16.370.10, 16.370.20),2-27-90; Ord. No. 97-291, S3, 4-1-97) 20-188 - 20-205 Reserved. Sections: 20-206 20-207 20-208 20-209 20-210 20-211 20-212 20-213 20-214 Article V. PUBLIC IMPROVEMENT ASSESSMENTS Purpose. Authorization. Contents of application. Notice to property owners. City council action. Preliminary assessment reimbursement area - Amendments. Contract execution and recording. Application fees. City financing of improvement projects. 20-206 Purpose. This article is intended to implement and thereby make available to the public the provisions of RCW 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, S 1, 1-30-90; Ord. No. 97-291, S 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 Exhibit I \!::l2004 Code Publishing Co. Page 48 of 50 1:\DOCUMEN1\Zero Lot Line\Exhibit I Subdivisions.doc director for the establishment by contract of an assessment reimbursement area as provided by state law. (Ord. No. 90-22, * 2, 1-30-90; Ord. No. 97-291, * 3, 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 ofthe 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 of the 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, * 3, 1-30-90; Ord. No. 97-291, S 3,4-1-97) 20-209 Notice to property owners. Prior to the execution of any 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, S 4,1-30-90; Ord. No. 97-291, S 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 Exhibit 1 <<:>2004 Code Publishing Co. Page 49 of 50 l:\DOCUMENT\Zero Lot Line\Exhibit 1 Subdivisions.doc 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, 1-30-90; 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 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, ~ 8, 1-30-90; Ord. No. 97-291, ~ 3,4-1-97) 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, ~ 9,1-30-90; Ord. No. 97-291, ~ 3, 4-1-97) Exhibit 1 @2004 Code Publishing Co. Page 50 of 50 l:\DOCUMENT\Zero Lot Line\Exhibit 1 Subdivisions.doc Exhibit 2 Exhibit 2 Proposed Revision to FWCC 22-1, "Definitions" The following is a recommended definition of Zero Lot Line Townhouse to be added to the definition of "Dwelling Unit": (4) 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. alley, or private tract), and typically 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 any front and rear yard, is owned in fee simple. Page 1 of 1 l:\DOCUMEN1\Zero Lot Line\Exhibit 2 Zoning Definition.doc g '1j ~ u Q) ] .Q ~ N ~ .... rJ) ... :E roil ~ ~ 0 i:: Z g 0 ~ ;:l '.p .3 u <<> ~ '" ~ '" rJ) :.s z .S 0 ffi ... '€ ~ ~ -< <8 S u .... 0 <<> ~ 9 '" '" ~ .:..; ~ 0 $:l ~ 1 ... U roil ~ rJ) ~ = U roil Z ~ 0 ..... N .. roil 'S .c rJ) .. ~ ~ ~~ -= ~ ~ en S:lJOO S llUp\lUd j~1 ~ Z ~'~I l3.. ~ ~ pal!nO:l"M (;j ::; .~ C) :l.InpllQS ~ ~ E ]Olllll!:lH ~ '" .s E e ~ .~ rl I il! ] ~:E :l81ll:lAO;) 10'1 ]i~Jnh: :e ffi .... ~ ~ ] .... lU:l"M ~lgl ~; .... = .s = Q) '" '1j '" lil .S ;:l :E '1j >- J~I "'0 c: '1j lIlJU:l) :lP!S 1l ~ l;::; e ~I~I~I ~ B E 'S "Cl .~ ~ E ~ ~I~I cu :13 '" <<> '1j IUOlil = '1j :E ~I~"'I Q <<> co -= .0 e = ..... E-- lllplM WI gl ~ ] iQ .S Q "'" .... '" ti: J " cu '" :lZ!S 10'1 JJI i ~I ~ <<> en '" 5 ;::l .... c: oS .~ f:: SS:lJOld M:l!A~ .52 I ~ ~~ Q p:l.linO:l"M - ..9 ~.~ ~ ;S 25 ~ <<> SNOlLV'If19:nIft u;~ ) .... ~ E9 ... ~ :E I ~I~I :E N N :a~. ""'~o &1 .S _ ~ ..... ... .c ... -= ~ ~ ~ .5 '" :I Q -= .... 'c :I ...!. .... -= ~ \C lfl t"- o M M = o '.J:j () Q) '" '" ;.g .S ~ .a .... Q) '" '" Q) g ] '" ~ o '.J:j <<I ~ Q) ... Q) .;; o - - () .g .g '" ;g o N G I::l:l '-' '" '" Q) .S '" :I .D C 'S ~ o () .S '0 Q) :t:: .~ 8- Q) .D ~ == U r;o;l Z S r;o;l CIl ~ S f:: j ~ ..... (;l ..= '" '" Q) '" ;:l .~ o ..... ] Q) t:: [GZU O~ N .... .9 '" '" ~ ~ ~ s;l:Jud S llUD{JUd pal!n b;l"M <J) '" ::l "0 ~ <;::: .s~.o ~ 3 lil ~ E >- "0 .- "0 "0 .5 ~ i:l ~'S .... g f-<" ..: ~ ti: CIl z o f:: u ~ i5 SNOUV'lf1D:nIfl SS;l:JOld M;l[M"M palmb;l"M amplUj S JOj1jll!;lH (1j:JU;l) ;lP!S ;lZ[S j01 00 r;o;l Eo- o Z ~ ~ 00 Z o .. Eo- -< 8 ~ ~ .. u r;o;l i:l. 00 lU;l"M jUOld r.l CIl ;:J~ ~ " ~ -...~~~u ~~ Q, (l) .;3 tJi .5 ._~ ~ ~ - 0 ~ ~~ 'i ~sg-y gu .~ :g OJ) .-E '" .:d:~:'E ::.5 i!i ~ ~ ~~ ! n~~.5~ ~~ ~ a 'S ..= u . 'u CIf t:: CIf > ~ U l=O ~ : ~ i5 l!l 0 S g,.s l! ~ '0 go ~ " ~ ~.s'~ ~ S 5..::: -;:j '" i5 a '" .~ e 8 E .~ .~ ~ _ lO ~ ~ '€ ~ [ c ~ ~R ~- ~g~~u 0- C':I CIf ~ -- == 'S;: ..2 E ~ ~.~ p., e 1:: s ~ ~ ~ ~ .~ ~ ~ .2 's. t: ~ ~ 8 ~ 8 ~ ~~~"8 ~.5~~~ G= go .... .~ = ~s c~ ~~o~~.s~ ~ ~ ..2 ~ lO ~~ ~.~ ~~~5:: ~cc; ~ t) ~ ; ~ ~ ~ ~ ~ [ s'~ u ~ ~ g'~ u ~ ~ II ~ ~ oil ~ ~ ~ 's] .~.s .~.~ ~ 1 :s :g ~ € ~ 8 g .~ g go oS ~ ~ -8 'E 0 .s ~ ] g 8. g ~ ~ @ .~" ~ ti ~ 'C;; CIf E B OJ) " '" "'5.<;:I"'0~ ~o..2s~ ~... '" >, ~ .s ~ ;t)~~~8 O~CIf u ~~ ~ ~ cO .5 ~ .- (0) s ~ OJ CIf ~ ~e.s ~ ~ ] ~ 'f ". ~ i .s .; ~ ~ 8 ~ ~ ~ :g ] ~.~ ~ ~ ~ ~ 2 0 ~:U~SO e~ =~ ~] ~ e tU .e ~ >..s=t.c.......r"O ou~8.~ gf:::: u . ~ ~ "'''''' ._~~~-'" '-'="0... ~" ~ ~ ~ - '" '" ~"".;:l 9 " ._" 0 .. ..c: "" . ~ ~~~ ~~~~bJ)~ ~~rn~~ ~rn ~ ~~ ~! "0 ~=o ee~~.E~ ii~'~.~ ~~ ~ oX ~u 8 ~~~ ~:g8~~ =.s'ag~ ~o~ ~~~u~~- ~ ]3~ o~rn=~~ ~~e~~ og au<~_~~ u __ ~~~3~~ ~'a~~.~ _~ ~~U~>O~ ~ .~~~ .s~~g8.u ~.:~C:::o~ ].s ~:.e~<~g~ = ......... - ..... .... c. ~ "0..... 0 ':w - _ ...r u ~ ..... ~ -rn= E.~g~~~ ~~u~~ ....."0 's'ag~~.~u ~ .s ~ ~ "0;': ~ 0 CI:S .c &'0 5 ~ l} ~; ~ ~ .~ tf < e ~" ~ ~ ~ ~ ~ 8.""d ~ "0 gf ~ 8. = - = ';'.~ ~ ~ g..~ 8 ~.!a ""'" ",,,,go'~~~ .~.:~~~. ",,0"''' ""dCl:S~ bJ)= --~ ~ -u= ~~ 1~~~~~.~ o~'f.g 'r;;~~'OC:~n g[/)!~;;'~ g._~ ':w ~ ~; ~~uS~.~ :~,~~ ~_ ~82ugo; o 0=..... ~~~.5~~ ~.8e.~[ ~.6 ~]~~.~j~ ~ !r: ~ .~:S ~ :" g.g ~ ~ ~ g ~ ~~ ]:'0 = ~i ~.~ ~ S.~! ~il~~~ :S~~~ rn~ ~.$at2'~8 ~ ~ i~: Z ~ g ~.5 ff = 8 ~ e = .s ~ ~ B" (/) j ~ B ~ _~(/)_.c _.~~~I~ ]!~S&o =~ ~~.~:~~a :;; = 8 8 ~ sa ~.o ... 0 .S = _" 'l'!.. :? _", 0 ~ = - ..-.,J ~ "''''' I ~~_UoS 8~-,~~ tU .~~~=-gg ~~=~o' _00= = e u ~~~ '-' '" 'E .~_ :: 2 t; ~ '" go'" ~ - 11 ~ 0 ...... cu -..... e ~ ~ = i 5..""d ""d "0 ~ -..... e 1,0 e ~.~ '5.!1 0 M ...9 s::: ~ ~'3 ~ ~ "l::l'~'~~'~ ~~..8~~~ ~:Sge~ S~~~~'~'S.g-N.g ~=~F~lee~~g~ .~~ee~ ~U~.~te~=:'~ 8 ~ ~ ~ e ~.S.5 !3 ~:.g = .g:f? 0 0 05 g. u c; >< ~ e -g .~ - 5. f5:.s u u ~ S u u'~ ~ fI).g G.i fI) & = '~:g ~"O'.g a"l::l g ~ : J! .... ~'o~~!i~~~~~~gj~=~1~~:~~~I~~&~& cd.o cj ~ od G.i ..s . ~ ~ . ~ g ~ -g ~ ~ l!'~ . go ~ ~ 0 ,....; N _cu ~ MOM~~~_~':wCl:S.o~fI)~~~OO~--- .ss ;!., <J)~.j:jc; 1309", ~ S'-U 'g Oil.S ~'r.;; "OO50-Po ~J;asas ~ d).9 tI) ~ 'r;; B ~ ~ ~.g~]~]85~ ~ ~ 'S ::l i> t:>. r-: . <J) <::: > o OJ) or> '" .. <J) 005 "" ~ .- s;; 1;j ~~~ .. or> <J) '" <J) 0'" ~"O ~ a CIl_ ~ .~ Oil k .~ ::l ::l ~,g <J) .... <::l 0\ ~o ~"O ~S k1~ a <I.) tI) 5 N...... . 05s:=o',:=~ 4::~ ., 0';::: 'u ~ ~; OJ) <J) ...~"O ....c;;:..;..:. 0 <I.) '"3 5.9'0'r.;; et:: r:= ~ooesg,go~ en~b(lentl)~Nr./j <J) 5 z - - tI)..2 tI) ~:-9 ~ u '" u ~~~S <J) o ~ <J) <J) CIl_ ~ .~ 001 "0 gp .......s i s:,=,..... '=:tI) "-a:l~ .g g IS ~ 'S ".c; ..c "-' tI) "0 :s ] 0011 8 k1 3 tI).5 J2 ] .... N U "0 tI) U d) en ~:~<J)~g.g~~ en u ~ !: ..c en "'0 -gl & ~ " '" r- ~ N N "" " ~ '" " ~ OJ) '" :e " "" ] ~ :g " "" ;; o ~ '" o 'i .s .S ... " = o ... o U .S '" ,;.. " ;; ~ > 'i:: .:= ~ 3 -8 ~ ~ ~ cu.. .... >~g:::S5 -f""lM~~ ]~~~~ _ 1 I 1 I ---~- ..~ 1,O~f""l ::::~~~,. ~MMMM [/)MNNM j~ & ~ " "" ~ N& N~ ""~ " " ,,- "'M J- :~ ;:;; -N 3"" OJ) " ]~ .~~ = :; ",>' "'" U.g " ,. >,e" S ~ ]~ ~ gj, '0 ~ ..!!3.!a ISIS -8~ ... ... 00 ~~ ~ N q r- 0. M" "" ..,: N .... N o o z ~ ~ 0;- ... M" "" u o "0 ~ .s:: U U IJ:l .... ~ :E ~ ~ <J) ~ ::J .3 ~ ~ ~ ~ u o 9 ,:..; 0:: N ,.:. 0\ o Z ~ "" 0;- r;' r- or> "" o r- N .0 0\ o Z ~ .., 0;- o N ... .... o ~ .. ""' ~ ~ 6 r- "" 6 ~ M 0\ o Z ~ o 0;- r- N N S '" .,.; .... ;:::r "" M .... o 0\ o z 1! Q, .... ~ :E ~ lI'l ...... .... .c .... -= ~ ~ ~ .5 '" = o -= - 'S = ..!. - :; ~ I' 0\ I' I N N i:l .sa - u o '" '" :.9 .S 'B <S - o '" '" o - o = ] '" = o .~ 1 o .... .s o - - u .g .g '" :g o N G' U u '-' o .... o (.) .... o i:: o (.) .f (.) .s .S -0 o :t:: .~ g o .D ~ == U fiIil Z ~ fiIil t:I.l CIl P z o f::: :s ~ ..9 '" '" ~ '" a-; :r: f-< ..... '(; -= '" '" o '" = g .~ .9 ;s o ..c:: E-< ~U Z I oU NU S;J:llldS llup(llld p:u!nb;J~ cu '" ::I '0 .E E ~ .8~>- ~0:5 ~ ~ ,- ~ I~ '" ~ ~ ~ CIl e: ~ CIl Z o f::: u gj Cl SNOUV,]Il~:rn SS;J:lOld M;JIA;J~ p:umb;J~ amprulS JO lqll!;JH (q:lIl;J) ;JplS ;JZ!SWI t:I.l fiIil E-< o Z ~ ~ t:I.l Z o ... E-< -< 8 ~ ~ ... U fiIil i:lo; t:I.l cu .!!l ~ >. (/) ~ 3Bnj~~ ~ .3 ~~ ..~~~-:g~ ca "S:.c 1;1) ~ .:: +-' 2 ~ p........ g 1 ~ :~~ S~~~U ~~ .~ .~ >~ ~1~~8 ~~ 13 0; 1::'0 ~~ >.021=: >u E: g ga ~~ ~~~OI),- 0'- ...... N ~ ~.c >'"0 1n == '5 0. ~ "'0 en o'E :s ~ ~ 4) ~ d.,D .... "'0 -5 .......- A.._ 0 .5 ...... U ~ ~ t; ~ .... ~l3 5~ a>E'd'-'G:: ~I\s::. !: c.S ~~ ..c"'O .a.....(1)~-gg -.,OIJ 01) '" '0. ~ -g u CU .. "';;'; a .<;; .~ .~ (],) fa cO to E"'O ~ a; 0 -5.g "'0 .~ "'0 &.~ S g? (/) ~ d 6;S ~ -g ~ 8.. fij 8 ~ .~ '.Q d o.f.r; N Po. to .~ ~~p..8 ~.~ ~~;.~.g .501J d) d ~ 4) U Q) 6 c> u...s Q) c:::.5 -5 -a~ oS ~ ~ ...s 0 ciS ~ s::. ~ 0 If) :~ o cucu.....cu cu~ =~"'.-t1=:~cu '0 > '0 .... ..c: cu ~ '0'- OJ 1S > .9 o..c: 1=: '--i~ ~I 1=:~>~"'''''''''''''' co: 5 6h P-"'O .~ ~ g:g ~ ..2 a"9 ct:: ~ ~ ~5b~a g9 bhe~c;"'OSO~ e~~.~gr.n ~~ l1)o:s~~{/)t~ cu 'C S' cu cu g -g'~ ..s u 0 ~ >. 0 0 8~8~~~ du ~~bh~~E~~ _u"'O~ip.. ~...s ~.~g~~~.~.~ ..2~BB"'OB ~OIJ B.5"'O~~.~~o ~.~~~:g ~~ e~a~~gE...s .~..9--g~; g """ ~ ..2 v a; efo...c=.b.Ob.O cu ~ 0'0 cu..s1=:O,-",S1=: ..c:.~~.....cu..c:.....cu~....g .SB ~~oE~~~..2 - a.>~ >.ON b080~ ~~a5~~ :g ~5.~~.~~~~ ~:'~'~.,s~ 0- ~~.,scu~~=- ~ I- ~ 0) ~ 5 = 6.0)'0 .S x ~~~~.5~ ~= ~_.- Ya.>c~ ccu"cu" :>. ::ICU'O..sop.cuu .~~~~"""~ ,~~ ~6a.>.~t~~~ g~'~'~~~ ~~ ~~~~o~~~ 1-~~~~6 ~~ =o~~o~~ ~~B8~~ ~ ~~~.a~O)NE.5 i~!!~~ ~~ ~0~::IE:~0'O cp.--1=:OI) < ~~~8~'D~g ~ ~ ~ ~ .- e : .5 ~ ~ ~ 0._ S 13 ~ =cu.....~~b~ = oa.>~.~.5.-~~ -> ~..... 0)"'0 ~-=t~E5~~ ~~~~oB ~~ 8:~~~~~~ ~'OE:E:'Og ~~ gaod~1SI~~ e~g.g.au w_ "'Oc.e~~-ti(!)..p. p.oOjOj~&d1S~~a~gOl)~s~'8~ OJ) g. t t ,~ ~ ~.!:: "' '0 ~ ~.5 ~ ~ ~ E t) ,~~"'O~=~~~,~~~~~g~~~~e ~ ~ 13 "E '.g \0 fj e ,-e ~.~ 8 ~ ~ ~ t l: g. ~ ~~!!J~~.~~~e~o8~~.~B~ '"'" ~o..Q) 1~~f,;;;i_-~..cJ::l;-OCl)~.... E:2l88~~~u"'>'~Oj~"'~:r:~cu>' b13P.P.", 'OJcu~1=:>~t1=: .000cu~ .neQ)G)Q)gQ)~~~~~~..c~=.5~~ O)Q)~~~~~~~~E"'O.~o.~~~Q)~ ..c;~ gGo~o~=~-Q)-5-o f-<~~~oCll~Z~a~6a~Sa~~a ....; e N ~ M ~ ~ ~ ~ g ~ g -5 ari 'S; g. ....t; ~ Q)Q) "0 ~I 'S 0:; Q) ~ e ~ a .. .5 ~ <1J .~ .Ef'@ g 1S ..9"'~ 5 ~ ",.Ef ~ d ~ '" 3~b 3 .~~~~g~~O):t.~ ~~p. CIl 2~1::'5~g~Qo~~ ~ ct::~ Oil") r- ~ 2 o 1=:11") CU'O cu 1=: CIl '" lll;J~ '" '" ~ 5 ~ c ._ 0 ;]gr.;:: 's ~ 51 ~ 7'g?~6 E.m ~. 50 ~ ~ (I) """ Q) 2.2-=<8~ '" 2 o 1=:0\ CU'O cu 1=: CIl '" 6 ~ lG~ ~M ,~] ~...: '5 1=: hi II") "",,Cd=~ '8.n.~ ~ ~ ~.8 ~ lUOId cu g z - - - - - ~ ~ ~ ~:-9 ~ u '" u J:~J: - cu ~ 1=: cu cu CIl '@ bill '0 g? '1=: i cu.- ~ '''''0; ".;::: ~ rJ1 35 s~.2 ;;;> ~~'-' ",'0::1 1=: cu N :€ -; ~ c..> ._ oo~ ~ ,~ g,~.~ I~ ~ ~ 13 : ~ 6 s ~ '8 (/jO~..c~~~ ,...., cu 01) '" p. ;;: cu 1=: g '0 cu ::I 1=: '." g 8 a g " '" r- 7 N N ..... " g ~ ~ gp ~ .. "" 11 .. .. .S ~ .. "" " o ~ = o .., ~ <oS .S ~ o J a g u '" ~ NO' N g .....~ " " ,,- :"~ :g ;::; -N i-: ]~ .;g~ -= ~ '<l>' "'<l ~.g "& ~12 s.. (ij.S ~"E ....gj, o e .!!3.!!3 'OI'~ ...-e '<l'<l ... ... o 0 ~~ .5 '<l '" " "il ,D > 'r;:: .., ~ " .IJ ~ e e cu" ..." >~g:::g -('f'lf""l-.:t'''d" ]~~~~ _ I I I I ___\0_ ...lri\OOOM ::=~~C(,. _"("".I NNN rnNNNN '" ..... "..... e Po. u o '0 ~ ..c: U U U u II") ..... :E ~ cu 1=: ;J .3 o t ~ ffi ~ u o 9 ,:..; N ..... o ~ '" ~ II") ..... :E :E >< "-l '= Q,l = .5 ..... c o ~ ~ .5 '" = o .:= E-i ~ == U ~ Z 0 N ~ '" rJ:J 5 ;;;;J ~ :s ::> " gz .... <8 '" '" ~ ~ :I:: f-< '" '" ::l E '" "0 "0 ,:: ::l a <;::: .s :>< B .S "0 ~ ::;s .g o ::l "0 I as ~ ~ ~ ..... "a = ...!. ..... :; ~ I:- 0'\ l:- I N N ~U Z I oU NU S:l:llldS lluPlll!d p:ll!nb:l"M ~ ~ ti: '" z o ~ u gz 25 SNOUV'lflmrn SS:lJOld M:l!A:l"M p:llmb:l"M :lIDpnllS JO lqll!;lH (qJI!;l) ;lP!S ;lZ!S lOl rJ:J ~ E-i o Z Q ~ rJ:J Z o ... E-i -< 8 ~ ~ ... u ~ ~ rJ:J '" ;""'1: Q) Q) ~~ Q) :5 ~ ~ "5~ S. € ~bOt tJ,;", R ~ ~ ~ e- s .~ ~ .~ 2 ~ ~~.~ t ~ ~~~ =~~ .~g."O t) >vr~ ~M'S ~=~ ~ Q) g<uo ~i= o -..u F p..:E 0 >< c1) 0 gE~ t5 ~ ~.gq Q)~U NE~ ~ Q) ~-- ~~5u ~8~fJ 0 ~ ~~~ ~t5S0N'::^ C':S ~ 0 =.... Q) 0.."0 ~~ ~ ~ ~a~ e=~.~~ _ 8- '"0 >- :,OQ) p,,::scu..c::"O C':S~~ ~u ~ ~E- _sV-= ~~= 'E~ i ~~g g_~.eC':S C':S~< Cvr ~ ;~~ F~~~~ ::s .. ct.i . B Q) cd t/).... cu :s .- "0 t:: ~ ~~E'~~?_ E o~~ t/)"OQ).....~ _._::SCU"O_ h ~t/)~ cdQ)~~~ =~E~~'G~ ~ Ocd~ g~~Q)6 5~cd~=~~~ i&o~=o ;.....~;.....o..~ ~~"OC':S~h~~ ..c::oq::s~ ::s~o..~~ ~_=u~~Q)~ ot/)~t/)._ o"O~-- "OC':S I Cli- r.fj--tI3"O uo>vr- ';;j,:: . $ a'l ~ .~ .'- "'..... ,:: "0 0 i; 0 ~ ~ ~cd~l~ tQ)~~_OOcd ~~~ .9 ...~ U C':l 8 <: U ;::::::4 <.t-I 00 cd '.z:j ..c c::I 0.. cd c; "7 co!~~2~",~>o~~~g Si~.&~ .5~~~~~~<~~~=~= g~i.g~ u ': ~ = ;g v:.;' QJ u .~ ~ 0 5 ~ '~.9 ~ g. ~ ~tI3~O~~~~.~~.~oS~- ~-~ ~]~~~.~'S~ o....>~~.~~ b~~=~ w !:: "'" - .... ..., .. ~ ~ ~ -g __ .5 .g 5~~.~~~~.~~~~~~'~ o....~~.~ p.~oE ..tI)Vetl)t~O~o ()~~'E~ o ..c: 0 B ~ -g ~ ~....r ofi .~ bb s.... >. ~ "'" 0 l-o ~()~VV~OU()O~--~~~..~~()~ !::a~~~=-ofi.~_~S~tI)o~ Z~o .gtl)~!~~~o~~~S~~'5biB~6 ~~~=~~~~o~~~o~~~~o~~ tp._.~..c:~-~~~'ao~~-'~~.~~~ 2(1)p. oo....~~ '-D8~b~~~~~~ 2o~~~ofi~S~u~~~~~~N~~~ ~~~.~j~~~bj~~~~~g~~~8 '~.[eg~G.5ofi~~ofio>.~--~~!::o~ e ..,.c:tI)~0323~R.s~e~o .ooSlL> e~E-';::l~fJ~~ ~p.,::t=~a",~ ~.a 0 ] ~ ~ 6b ~ -5 ~ ~ ~ g. :- B g-.~ ~ ofi ~ S g 2 ,:: t '" ,::..... Zl '" U ~ (5 ~ '" 0 .~ .S 'c> ~ '-~-:>'~b05'::-"",:: o~o:>"O ~ ~~o.~o~'~~olL>_.-~~ooe~~~ t:: co.- <..> <..> '" '" '" S '0 1! "0 r- ,:: <..> . C. ::l bO ~ E ~ 8."0 2 ~ .... ~ ~ - :; ~.~ llJ ~ llJ ~ 0-.5 o "0 ~ '" - . >- bO._ 0 "',&J N ,:: .<: >- '" ..>0: i5.. g <..> .... S a.! .';::'.S 50 N g >- N . ~ 0 g - 8 ~ a o _ ~ 0 ~ .~.. 5 g. ~ ~:~ ~-;::~.. ~ ofi ~ ~ 0 c.. ""a~fJSZlSM'::o:>Uo",coe,::"'~~ F=WN.~~E~~_Oltl)~~O~~llJl-o ~~~~~~o~'~~~~g~'~E~E-5'3 !::O()~llJ()-~~""~'_ !:: :>::l.....'" ~=~....o............O~O._"'bO._~O::;so~ E- 03 ~.g Z .g. & & ~ . ~ u: .~ 's;g . 0. . '#. . ...o~P.~r---: ~oOo\:=:::~:; a:.s2:! ft~~~ ll!;l"M lUOlil r..l '" ;l <:i- 1il ~ ~ N '" 9 '" <:i- r- r- 1il '" , '" a- N ",' N '" "" ..,. "" '" ~ <i" 1il N <:i- N N 1il ..,. '" ""~ N os '" '" 0 ~ "'- ~ -", "" .:- = :@ ~ ~ ~ -N Co i': ;..: "" ":' ~ ] 1il "" ;g] .,;. = '" ~ ",,>- "" Co ll"" 0:: = ~ J~ 0 '" 50 ~ .g r- ~e a- = e "" d 0 .~ 1;l'S z E ~1 'E <S .... '" 0 .S o .... .;; '" '" il ]] ":' ~ ~ ~-8 r- lS lS .... .n- o J "'''' "" ci r- ~ '" a- d Z 'E 0 .., a- 0 N .,;. $ >- g r- "" ci r- 0 '" a- d >- Z .S ~ "" '" 0 '" ~ ":' .r> r- .t:: .'" ~ ~ " '" N .g !il- l! I! on on ~... ... '" 6 >\00-0 11")1'-\.0 ~ -I:""'II:""'I~~ "0 I I I I N ~NNNN "" NNNN I I I I '" =__\0_ ,. ..11")\0001:""'1 0 :::lr<;'r<;'r<;''"i a- ,.....rNNMN d tnNNNN Z '" "" 8"" 'E e Q. Q.. <..> o "0 ~ .<: U l( U U or) - :E :E >< ~ ,:: ;:j -0 ...l ~ ~ ~ ~ u o 9 ,.:..; N ..... o N '" bO co ~ or) - :E ~ ~ = .9 ... u <l) '" '" :E ... .S '€ <.E ... <l) '" '" <l) ... 0 !:i ] '" !:i .9 ... <II ~ <l) .... <l) i3 ~ 0 ... ...... ... u .... .g .c .... .g -= '" ~ ~ ~ 0 N G; I U U '-' S ~ .... <l) ~ <l) u .E u <l) i3 .S "=' ~ .~ g <l) .D bil - .5 ] '" '" ::I '" = <l) .c:: '" .- ::l 'a gf ::I ...!. .~ .- .9 -= - ~ <.E <:'I <l) = t:: QC) I M M ~ =: u ~ S ~ <;I) 00 z ;;;J 0 f:: :s ~ ... <B '" '" ~ os ffi ::c: f- ll) '" ;::l "0 1'1 <;::: .s ~ "0 ~ ll) ... 00 ~ E-t o Z ~ ~ 00 [!ID~ ~ oU < NU 5 ~ ~ ~ .... u ~ ~ 00 S:l:J1ldS 1iUP(llld paI!nb:l"l:! aInplUj S JO Jq1i!:lH e-E s~ .- "0 .5 e ::8 '5 (q:J1l:l) :lp!S &! r-:- ga ti: <;I) ~ f- U ~ 5 SNOI.LV'lODIDIl1 :lZIS j01 SS:l:lOld M:l!A:l"l:! paI!nb:l"l:! .. t; ~ E <IJ "0 ~~~~~ g~~ c; a ~~d~"'-5 ~ :.=~~ 6 ~~.crl:lOp.. ;.a~ ~O' ~ 5~~~=~ ~ .~~ E~~ .; N K >>.5 ~:E ~ ~ a .~ 8" ~ ~ ~ .~ O~~d~~ ~ ~~ p..<IJ~ ~ ~ ~OU~._~ ~ ~~ u~u ~ ~ te~~i~~'~ R~ ~~~ ; ~ ~B~~~~~~ ~~ E~~ '1'1_ ~ 13 ~ ~ g..,g cu ~ ~ ~.E o::S 0 bl) .- "'.t::" ~ "0 "0 ._ u - <l:: .0 1'1 ~ .2~o~u~~~g~ ~~ .u~ ~ o~g.cu"'gi)~~~~ Uu 4::~~. p. ;.....~~_'Q:)'4::fI)~ s::-5 o,"",cn~ ~ l: Ct.l"' p.., 0 ~ "'0 cn ('I') ~ u ","":.", N ~ "'0 ._ 'f;; cu g (l) 5 ca !: ::s.- i:: ~ 4:: ~ ~ cu t:: ~ ... ~.-50,-gtl~ ... ~. oll)os~ ll) ll)'iit:<;:;~,.._..c::0bl)ll) 00, E>.sll) -5 > "'0 0 "'0 <IJ OJ) '0 ~ .5 oS 0 ~ ::s] l: p.. o 'en'S p. !:: E -- Q) OJ:) ~ 0 - I S cu:'= 8 "0 [jbl)~;::lEe~'Bo"O ~E 'S 'b~ ~ ~5h"'~8]E~~~ o~ .~~tl~ ~..;......~gu~cu,"",~"'OfI) ~u ('I')p..~ p,. td e. <IJ Q)..c: CQ; '"' 0,,,,, QJ ~ ~..c: cu 0 fI) td'~~"'O__.~uu=u.o 0_ ~"'O~E ~~8~~6g66~~~ ~~ gs"'Oo ~u"'O~i"'O'c:~s.~~ .~~ ~~~~ ~~~U~~~"--Igu ~~ ~~o_ -~a.-~-~~.~~~u ~-N~ ~~0~ll)B5-~8",0 E~ ll)g~o ~ ::s "0 ~ ~ 0 ~ .5 "0 t;:: ~ ~ ~ _ ~ _ 0 ~~ososos~o"O~EoE E~ =~i~ ~~~~e~~~~~~~ g~ ~~~] ~ 4) - ~ >. bb 0 0 e"~ ~ "~ ~ en 4) ~ "~~~54)~~=g.~~~ ~~ ~2~~ ll)-'~'~..c::~~os ~u'~ =< ~;::l'" ~~::S::S-~4)~'~.~~~,_ 2-20 ~~~~.5~~~~~"9~ 8.5 -~a~ .~ESSe;::l~~"Oll)[je tl~ E.t::ll)[j ~-"~"~B~ ~~>~ICI) ~~ ~~g~ ~~~CI)o~~ ~~~~ ~~ oO.~! e~g5E5~~~~"OI] 5~ ~~~~ ~-uuCl)"O _~CI)~~ e ~~4) "-~~~~.-io"-~ - 0~~~._~"O ~S~~~~~~~~~~ ~ooB:~E~ E Po;;::;;::._ ~ - 0 ~ ~ . e "0 ~ g f;:: U 0 U "..9 . . tl 0 (;:j E ~ ~ <l:: '" . ~:-e.~'S,c <l:: ..9 =4)--~CI)CI)~b~~~~~c"O"~~ C ~~~~o~~OCl)~-g~2E~~U~o RiK~oEl~!~JIJ~i.~:~]~~! 0000 ~~"O~~oCl)- ~p.~--~~ a8.~~ ~a-5"~= ~ ~ t:E~~~€"~ a"~ ~8~~E~8"O~8~:::s~~~~~~~ .~p."O"OS.Sd.20_CI)~"O~u~o~0- ~~~~~~~p.~~~~~~~~a~N~ ~~8.~i~i@t~8~'g.~~i5i~~ ~~e~b~~O_~~N~~.~_CI)_!;;:: b~P.P.CI)g"O.~~~=~~~.~~eB~~ .~ c: ll) ll) ll) 0 1'1 "5 a ;::l 0 '" ,_ ..c:: E _ .0 .0 o~~~~E~~~~~~.4)~bCl)u~"O~ ~ e ~ ~ ~ ~ 0 - 0 _ ... C,) ",z:;; .- O..c ..s ~ ~ co ~'Sd~d::86h!~Ol~~~~~~<;I)~os~ ....: [ N:gi5~~g~ g~ 6.~.n~.9 ~ - ~ .."~ =? ~ ~ E'r;j & .ggr-; "",..c::~ ,..... ~ .. 1'1 ll) " 1'1 bl) 0 '" 6 ~ - .~"O ~ ll) c: ,_ os ;::l ll) I ~ s.'~.~ 0 .5 .s ~~:S~~5~CI) ~ ~.- "0 "0 _ ~.- ~~~~!L~~] ll) '0 1'1 ll) ll) <;I) ~ ~ o...~ ,.....000 ~ ~"O '0 ~ 1'1 " ll)'<T ll) " <;I)~ 11l:l"l:! ~~ ~v) ct::-=- ~ ~ ~ f- ll) 0 0 E '~.g "2 ~ "3 "0 i' on~S 1'1 ... 0 ~"~ ~ ~ ~ ::8..85<B~ ... o ~~ .':: ~ 'u 1'1 on ~ ~ ~ .9"u .~ [j ll) ;::l en ~.8 B 00 ct:: ~:; ~~~ jUOld ll) 6 z ~ :E ~ '3 "r;j '3 J:=~~s ll) '0 1'1 ll) ll) <;I)~ r-l rJ:J ;;;l=> - .@ bl) I "0 g? I !::: "_ '.=l .- 1 ~ = ~ "3~ g~.~ ::E~__ ~"O 5 "0 ... ~ ~ g?"OI'I'I~ .$2 ~.~ -d "Vi ti ~ ~ [j'.=lll)ll);::l.lS.E C/J'u ~ ~] 00 "0 '~I 0- ~ " '" 0- r- ~ 7 ~ " N '" N ~ """ " 0- ~ N N 1;! '" """~ '" " " ~ ,,- '" "'<"l 00 ..,.- = 'Ej ";' :.s :.=~ '" .J::""" ", ~ 00" :g " '" 00 !t = :a '" "'0 ~ ", ~.~ " l!l 0 " '" ~ "'~ >< = e 00 0 ll) .~ .a ,= 1'1 ~ 6 ~1 "0 ..s 'l5 ~ ll) .= .!!l.!!l ;::l .... 1'1 ~ '.5 '.5 '.=l -8-8 6 0 .... .... .... ~ 0 o 0 ~ ~~ - ,= '0 " ,D '~ 1;l -8 ~ C':S \0'" a ...: (" >.,.,r-_'l _MM~ "'0 N N N t" ;NNNC" S..:~~_~' ... lI"i \0 00 =~~~~ ~...~ ~ ~ to- '" """ 1l""" e "" u o "0 ~ ..c:: U ~ U U \0 - :E ~ ~ 1'1 ;.:i .3 ~ ffi ~ u o 9 ..:.; N ~ o ~ os ~ \0 - :E ~ .u i:i 0 .~ u <l) on on f;l .S 'E ..s .... <l) on on <l) .... g ] on = .9 .... <II ~ <l) .... .s 0 .... .... u .~ .g on ~ 0 N ,-., ~ I U U '-' 8 <II r.l:: .... ~ <l) u .8 u <l) ,.g ,-., .S 'l:l ~ <l) <l) = ~ = .~ .... .... = 8- 0 u <l) '-' .0 ~ ..... .5 t;j ...c: '" on = on 0 <l) ...c: on .... =' "is gp = ..!. .~ .... .9 '3 ~ ;:s 0\ <l) => ...c: QC E-- 0 .~ "" "" .S ~ "" ::8 '5 '" ~ ~ E-.: Vl ~ ti: [!ID~ oU NU S:;l:J1lds llup\llld p:;llfnb:;l"M :;llnpn.qs JOjqll!:;lH (q:lll:;l) :;lPfS :;lZIS jO'1 Vl 6 f:: ~ i5 SN:OllV'Ifl~:rn1"l SS:;l:lOld M:;l!A:;l"M p:;llmb:;l"M rJ:J f;1;il E-< o Z ~ ~ rJ:J Z o .... E-< - 'g 0 OJ) 5 ..2 ~ '2 a ::s ~ ~ ~ j ~~ ~~.5 ~ ~ ~ ~ .~ ~ ._ u ~ ~ 5 g? ~ ~ "" 5 '0 go 1 ~ ~ "" ~;o - ~ ~ ~.~ Q) 0 ~ ~ 5 '.g ] :- cu ~~5 ~ ~o ~ ~~~ ~ .~ ~ -E. : ~ a .~ u ~ ri' 8. a1 s ~ 0 ~ c ~ ~ ~ ._ ~ c ~ ~ ~ ": .8 ~ :g B:~ ~ .5 8 0-5::: "~"" '" "'.2 or " .... N::I" ~ a ,,'" '" €.o ~~E '0 @Ql) -5 ~rl'8 Q)~S ^ ~ ~.== E ";J.5 .8 5 a q g. ~ -5 ~ -....::s "0 ::s.~ ;:>. ",u- l-<~cU'''O 1UcUO'" Q) 0(1) - <t::;:::S p. "d)lU o~e .5 ~Q) ~ .~~ ~~-gij _0" j cr.l,.s::::: cU O"'rJ:IQ) o:t:t:tUN '" -Eu ~~ tI)~O ~Q)-5rJ:1M ~sa 8~ ~ ~~~ ::Io""~~ ggtl) ~ _~ E oQ)o :Z~cN ~tI)~ Q)~'~~ .. ~~;= ~t'~'-~ ::scljg. ond.lg9 XS Q.. .8..s::=; o-o8-asc 0:::::: ==tI.I",p..- t:::~ i:aO"'OO,.s::::: ""'=O..~--. S ~;>, .~ Q) '" 'Eh ro ~"" ::I '" 8::1.".~ ~ cU~= ~~"O.~ Q) Otl)~tI)_ ol-<Q)E~ ~~< ~~~Q) ~..2 .,~~:~~ oB~h~ 15 .. ~ ;; ~ c oS '€ ,0 == -5 ...... o.g 5 ~ g ~ P-....... ....... ~ t:: ~ Q) <( '€ >= ~ ~ cO...... '';: c:'~., ";' M ~'a.=0~~~~ ~~~ole~~ ~~~~N .58~'~~!'G~ ~~~~~~~~ B~~~~ 8~~~~~~~ J~~'~~8~~ ~~~-~ ~~~~=~......] gJ~,.....~c~o ~~~!~ ~ ~ ~- ~ ~ ~ ~ e 'e .~ -< e ~ ~ 's: ~ 13 ;! '0 .~ 5 a .~ ;>,..s 11 .....2 p., 2 " p., $ 5 5 '" 8 > 'It .g .~ p.,fIi'~.J;l "Cf.lc.S~ ~p.,~~~O<.t=io:S o8fJ'Jp.,> o .il .g ~ 1l oil ;>, t;i ..s ..8 ..:..s .s 6h a "" 1::' !5: ~ '" 2 1!~~~.5;~ s~.~~~~y~ ~:~,~~ o "> "'.$ ;r<o!.>-l ;>,,.s 01!,O.8....;;: '::: o;s..s ~~~s~~9~ ~~~~~~~~ ~~~g~ e ~ ~ ~~~~ ~p.~ ~.5~~.., .~~ ~ o~ o~Cf.l]~~~.~ ~p.,~=p.,8~Cf.l ~~F~~ ~~~i~~~~ ..s;B'sJ~~5 I~~a"" ~~~~s-s~ ~o:Sb~~~~~ ~go~8 >=fJ'J~Cf.l~~'- = ~(I,)~O~~ .~......~~~ OfJ'J(I,)~~'~5~ ~~~~~~o~~oE(I,)o~ ~~~~.~~u~ ~5~SB~~~.~~~~~2 _u~u"",."'<;:: -s'" .u"'p.,~U.::: ,n" Cf.l ~ (I,).,D ~ ~-6" Q) = ~ ~ C'" ~ E ~ c:: p., c::r i:d ~ ~ .r:J = ~ ~...... ~ .. ~ ~ ~ ~ ~ Q) ~ Cf.l ,"",'C;;..c I/) r- 0 ~ s:go~~G"""'~i's~=~~0""so~~0"'6 € ~ ~ ~ ~ ~ ~ B...... C'" lJ.) ~ ~ .5 r: ~ 0 0 I _ '+=l ~~~8~'afli'o~eE~i:d~r-i:dEqN'a(l,)~ p.,.t:: 0.53~.r:J 0"'.4) e"O bJ)4)","-5~0\ fIi' I \ON.o0:5 c: o 0.. ': ~ ~ :' e .E.;:s .o.5'~ ~ ~ 2 M ~ ~ ~ ~ ~~ ~ s...g E ,g E.~.~ 56 ..8'S ;r g. ~.g i::'::;::,.g ~ 1! 0 B....; ~ ~ = 0 =.., v ~::::s u ., GoO? Cf.l 0 ~ ...... -+-' Cf.l Cf.l__ 8~0"'E~~"';>,~"'- ~~'o'~~Q):::b'~ ',=", = ~ "S< ,_ C i:d (I,)..c '"C 5h 0 0 I :s 0 ~ 0...... C'" OJ ~ ';' 8 ~ ~ e 'fj ;r "" 0 j '<;; li s.. ib ~ ~ 1;l ~:~ ~ ~ .3 ~~-~4)Cf.lO~o~,"",~,"",~._..cgoo=oi ..8 l:: lJ.~ o.~ 0 tJ 2 5 & & ~ & CIi'~ ui u Z s..::8 6h ~ ...."" t; HZ g.z" p.,~ . . . . . 0 lJ" ." ." ' 0~e~~~~~~~S=~~~aas~~~~~ 11l:;l"M jUOlil roil Vl ;;;l=:> - & 1;l ~ " '<> r- ::l N N "'" " 1;l '" g ~ :s oS '" -g oS 00 " ~ oS '" " o 1:: " o .., ~ .g .S ~ o ~ ~ .S '0 " .c '1: 1;l -8 e ;~g=~ -('fj('fj~~ ... ' '~o: a~~"r-- s~~~~ -"'~ ~ ~ ~ ~~~~~ '" "'" 1l"'" E: "" & 1;l u '<> Si NO- N 1;l ""~ " " ,,- "'<'\ .;- :~ ;:; -N :i:i"" 00" :g ~ .~i :;~ 8i :q. >-e e 00 ]~ ~ 5, '0 e '" '" .,! "Is -8-8 ... ... o 0 ~~ u o "" ~ ~ u ~ U U 'C :E :E >< ~ ::: ;:j .3 ~ 9 r- d, '" "" ..: N ,. N o o z ~ "'" ~ ... '" "" ~ ~ ffi ~ u o 9 .... 0:: '" t- '" ,g ~ '" '" N ~ on" "" o t- N .a '" ,g ~ ,;.; '" o N ... N .... o N ~ '" i:l... iQ ..c e ..... "" o ~ <'\ '" ,g ~ <0 0;- r- '" N ~ on on .,,; ~ N "" <'\ ,. o '" o z -e e. 'C - :E ~ = .9 ...- () Q) '" '" :iJ .S 'B <8 ...- Q) '" '" Q) ...- 0 = "8 '" '" = 0 r-- '.j:l '" ..... ~ ... .c Q) ... ... .s -= ~ ~ .s ..... () .g .g '" ~ 0 N p:; E3 ~ a '" '" Q) .S '" ..6 .s .S "0 Q) t: '13 cil & .5 Q) '" ~ = ...... Q ] ..c:: = '" '" Q) Q) .!::l '" ..... ;:I 'c:l .~ - Q 'S .9 Q) :B 00 C'I Q) \C ~ 00 I N N ~ == u ~ z o N ~ 00 ;;;J en 6 f:: j ::> ~ ~ .. .2 'E (.) OJ) " .~ ..9 ;a OJ -5 .... 0 .. ~ 0:: 00 '" ~ '" .... E-i 0 0 ~ Z 8 ~ .~ ~ 8 .. Sl 00 g z ~ 0 'J:: z ~ .. ~ E-i <l 0 = -< .S> N 8 :Q ] ~ OJ OJ) fl ~ ~ .. ~ u ~ 0:: ~ 00 ~ "" ~ ~ OJ ~ 8 OJ a ~ .. .... 0 ~ OJ ..c: OJ ~ ....; ... <B '" ~ ~. s~:llld S liUPlllld p::u!nb~1:I ::unpltQS )0 lqli!~H . ~ = 00 ~ ~ 0 ~ 0...;3 ~ ~_ OJ'~ .. ~~'6 .~ gf.~ (1) ~ S ..c cS :9~~~(1) ll~ rn '; ~ ] ~ ~ ]5 ~ i ~ ~ tI} c; ] ~5 ~ ~ co S [) l! S 5 '3 a '3 ~ 8 ~ oJ) .s [[ "" 0' .. -B ::; .[ ~ ~"a ~ (1) U 0.. ~ > .~ ~ i ~ .6 8 ,.g "" .5 .g ~'g ~ 8 ;>, '" ~ '" ~a~ ",,"" OJ) ~ ~ ~ 0:: ii ~ 6~" 1;l~;.S 0..9 8-2 o - 8. 'J:: t: 'a 8. '<;i - l5.. ~ "" "<t ~ '" ~8-lO ~J ~ t> "" ~ ~ ~ ~ "c_Q 8. [ (I) v - u .o'~ .;, .~ t) bE 0) v.l tfj a .s~ oS ,,.rn (l) .5 ~ .. "" al~ .9.... ~.~~ f "" OJ € a ~$> .5", 0 OJ.o-5 '" ~ OJ OJ OJ ~,,2 ~5 ,,_-5OJo ~ ..c ~ 0.. bO :0 tI} (Ij :e: e .$2 ...., co ~ >. ~ (l) 5 e ~ ~(l)~ .~~ ~ ~.ey..c 0 ..c: ;::l ~ 0 ~-5 e i !3";::: ;>,"" - ... J:: 1:) rn 6~ ~ a OJ) 1::;:SJ? ~ ~ .S rn (l) ~ _0._ ~ = (l)~Q,)'- ~ i ~ ~ ~ ~~] !.~ ~ [s~~ ~ - en V) 8 (l) tI).- () 0 (1) _ >. ~ ~ ~ V) (Ij~~ ~~ ~ ~~:~ e =~~ ... ~ _<U(l) ~.s .- (1)0..0] . 8 a 0 '0 15 .@ ~ .Ol ~ ~ 8. :g is ~ _ ~. !l & ~~i ! ~ Iii la =8. ~~j~ ~~ J~ ",,~Q.) ~ ~ =E[) ""~ -5 ~58i .:0>< ~t) .E.. 8 -5 OJ 8- 8 .5 -5 ~'s.. i 2 OJ) ';) a B '€..2 .:s ex; a 'J:: '"' ... '1:: .... ~ OJ 0 a rJ .. ~.~ "" OJ OJ < .<.> S .... 0\ '€ 5 0:: ..s .~ 0 ..c: -5 i ~ ~ ~ -B a .8::C ~ ~ '€:> 0 N ~~(l) rn~~ ~~~ ~c = ~u_~~~~X~N ~'~8 .2~g ~~~ 8~ ~ O~~~~J~~~~ .s e .~ ~! .. ~ 0 0.. s... tIJ g ~ ~ ~ ~ tIJ Q'{;i U ..2:> ~ 8.'~" Sl :E! .~ 8 ~ 0 g.. 8.0 "" '0' <oS'€ .;: ~ ~.- ~ 0 8 ~'J:: ~ ~.- '" ~ 8.. -B ~ ... 1d < 2 ~ .fl ~ ~ i = 0 .-" 8. ._,.g 8 i1... 1E' ., ~'S al ~.. o "i' g .. '" 3 --" g '"' ~ a -d' ~ -B l5.. '" ~ 8 E ~.- tIJ ~..... >< s= a b.O v s... 5h ~ iJ .....c:= .- 8~.~ 1-5gj 2g~ ~l ~ ~~o.~Sl-BI~a 8'~ ~ ~ ~ ] ~ ~.~ 1:i ~ a ~ ~ ca .s ~ ~ 0 '0' 1iJ ~ ~ .. a -5 g OJ ~ <l:: :e ~ .g go ~ i 2i -ci ~ 8: ';. l5.. ~ ~ o C tJ .~ 1=0 ~ - - ~ =' (.) ..r:::: '-.- ~ .. ~ - v ;.> ~ ~'oE ~.~.s u.~6" ~~ g ogp11~gp~8:.s~'o. ~~tIJ c~s... .5~_ s...k s... ~~s...~'a~~o'a~ ....OJ OJ-..s ""'-1 OJ OJ o",,""'1d8""'--c~ ~~-5 ~~..2 ~Jo ~-5 ~a"'i"'",a~~..2:>~-B 1d "OJ) 1 0.0 $ "" 'J:: ;3 '0 '2 5h....,:: OJ "" :.= ~ 8: OJ ".~ oOJ~ ~,,1d "_ "i~og~a..2".""Sl ~~ U~a tIJ~c ~~ ~~~~~v-.~~~O ~~" .~~> .~"''' -5~ "8""M80J)~"8"~1 ~ ..0 .- tIJ ~ V 0 Cl:I:'= 0. U tIJ 0 e _ b.O ~ -B CJ"'_ I€~ ~:S.8 €.~~ .~~ 1..9~1~~15h'~~~~ ,.g 8- l ';).~ = 8- I) .~ ~ 'i3 .. "" ~ oJ.5 ,""~~......c:OJOJ8~~'--'s'o = OJ'" U~'-.OJO~~-'-DO-=~ ;3"'6~g'R'- :g:g'g'i t e g [€f""..2 8-~ g.1~.5-B ~.!J 8~ 8 ~ ...<.o>.~ .. "';; ::.5 ~..c: 0 '" a ~ e ~ ~ .~ '", 1j a " g.'~.s 8 ~ 5h Sl ~ ,.g,.g~@,.g'a,.g~,.g~'s~'a8..9,.g~,.g,.g~8""8j'<;i~... ~~~~~~~8.~~oo~~~~~13~~~o.~s...s...s...~o ~~~~~-ci~~-B~~~E~E~~~~~<Zg.&&&~~ e ~ N ~ a ~M8.-S s ~~e~~oo~8 "" OJ , ,:: OJ .~ ~ ~ <h ... .. 't.- 06.62 . OJ <t: ~ ~~ (l.) bO 6 e~'~ ~:s ~ ".0 OJ ~M """ ~ a en_ OJ '" ~ 11l~1:I 0:: "" '" " ~ S M !;:; .9 >- "" ~ s "" (q:Jll~) ~plS 0:: a ~ 0 - 0 E 'S - '" "" ~ "g :5 ~ 0 ~UUI d <ti <= ~~ OJ on OJ ~ N en ~ ~z~s lOl OJ "- 6 <ii Z ~ ~ E-< sS~:JUld M~!A:l1:l '" ~ '" p::u!nb~"M OJ g is ... p.. SNOUV'1[l~3lI ~II fool 8 g.s ~;.::: ..... N rJ'.) U"O ~ en 5:J::g8~j ;;l (/)(j..crJ'.)~=, & 1;! " & '" r- ~ '" N OJ N '" 00> ~ OJ & 1;! N ~ ~ N 00> " ~ II - '" '" OJ) <oS ~ ] N N ~ ~ 00> "" " ;j '1) 1;! .c OJ) ~ ] ] a "" >> ~ OJ "" OJ OJ g ~ .~ " ~ ~ i C' e '" OJ) 0 .'" '" ;g ~ ~ gj, ~ .... e 0 '" "' ~ ';j ] .g -8 8 ~ ~ U .S "" >. ~ ] .\: .'" ~ g -8 ~ " e >a ",'0...;'0 \lit"---I,Q -<<;><<;>,.,. ~~~~~ - I I I I ---I,Q.... .. 1,1'") I,Q 00 M =~~~,. ~NNNN U]NNNN '" 00> OJ 00> e llo g "" ~ ..c: U p.. o:l r- - :E ~ OJ " ;:j :5 ~ a5 ~ u o ~ ~ N <;> r- d, M 00> -.i' N ,. N o o z ~ r.: ":' ..;. M 00> (; N ~ 0-. ~ ~ "," 0-. ~ r- '" 00> o r- ~ '" 0-. ~ ~ M 0-. o N ..;. .... o ~ .. p.. Iii' g r- OO> o r- '" 0-. ~ "E o o 0-. ~ ~ N '^ '" o ~ N 00> M .... o 0-. o z "E 8 r- - :E :E &j Exhibit 8 FEDERAL WAY CITY CODE 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-i'efit 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. 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 included 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 RS-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 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) 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 ofthe applicant. (Ord. No. 97-306, ~ 3,12-2-97; Ord. No. 02-424, ~ 3, 9-17-02) Exhibit 8 Page 1 of 1 I:\DOCUMENliZero Lot Line\Exhibit 8 Affordable Housing.doc Exhibit 9 Federal Way City Code Chapter 22. Zoning. Article XVII. Landscaping. 22-1566 Landscaping requirements by zoning district. (a) Suburban 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 development, which shall be required to provide Tvpe III landscaping 10 feet 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 reauirement. (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 development. (3) Type m 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. (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)(l) and (d)(2) of this section. (e) Neighborhood Business, BN. (l) 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)( I) and (e )(2) of this section. (f) Community Business, BC. (I) 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)(l) and (f)(2) of this section. (g) City Center, CC. (1) Type III landscaping five feet in width shall be provided along the perimeter of parking areas abutting public rights-of-way. Exhibit 9 Page I of2 1:\DOCUMENT\Zero Lot Line\Exhibit 9 Landscaping (Art(I).doc (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-l. (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)(I) and (h)(2) of this subsection. (i) Manufacturing Park, MP. (I) 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)(l), (i)(2), and (i)(3) of this section. (Ord. No. 93-170, ~ 4, 4-20-93; Ord. No. 96-270, ~ 3(E), 7-2-96) Exhibit 9 Page 2 of2 I:\DOCUMEN1\Zero Lot Line\Exhibit 9 Landscaping (Art(I).doc Exhibit 10 Federal Way City Code 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: (I) 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 10 Page 1 of1? l:\DOCUMEN1\Zero Lot Line\Exhibit 10 Community Design.doc 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: I. 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, ~ 3, 7-2-96; Ord. No. 99-333, ~ 3, l-l9~99; Ord. No. 00-382, ~ 3,1-16-01; Ord. No. 03-443, ~ 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, ~ 3,7-2-96; Ord. No. 97-291, S 3,4-1-97; Ord. No. 99-333, S 3,1-19-99; Ord. No. 00-382, S 3,1- 16-01; Ord. No. 03-443, ~ 3, 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, ~ 3, 7- 2-96; Ord. No. 97-291, ~ 3,4-1-97; Ord. No. 99-333, ~ 3, 1-19-99; Ord. No. 00-382, ~ 3, 1-16-01; Ord. No. 03-443, S 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 10 Page 2 of 17 I:\DOCUMENT\Zero Lot Line\Exhibit 10 Community Design.doc 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. (II) 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 fa9ades, such as trees and other landscaping, street furniture, artwork, transit stops, and the architectural quality of street-facing building fa9ades. (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 fa9ade 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, ~ 3, 7-2-96; Ord. No. 99-333, ~ 3, 1-19-99; Ord. No. 00-382, ~ 3,1-16-01; Ord. No. 03-443, ~ 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. Avoid barriers, such as tall or overgrown landscaping or outbuildings, where they make it difficult to observe activity. Exhibit 10 Page 3 of 17 I:\DOCUMEN1\Zero Lot Line\Exhibit IO Community Design.doc (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. (I) 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). (I) 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, exce~t for zero-lot line townhouse development 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. (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 Exhibit 10 Page 4 of 17 1:\DOCUMEN1\Zero Lot Line\Exhibit 10 Community Design.doc 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 1 . See. 22. 1<<534 (0) "''''11 plllMnlyl ~ ft.O.W, Figum 2. See. 22. 1634 (0) ~iIll'l~~"'" (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. c. Service yard walls, enclosures, and similar accessory site elements shall be consistent with the primary building(s) relative to architecture, materials and colors. Exhibit 10 Page 5 of 17 I:\DOCVMEN1iZero Lot Line\Exhibit 10 Community Design.doc 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. 1(i~ 3 . Sec. 2:2 . 1634 (f) TlUh iIIId -1\llP..... Fp" - $w.12.. ~634 (I') Lo.., ...n (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 ofthe 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. c. Light standards shall not reduce the amount of landscaping required for the project by Article XVII of this chapter, Landscaping. Exhibit 10 Page 6 of 17 I:\DOCUMENT\Zero Lot Line\Exhibit 10 Community Design.doc (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 recommended for all drive-through facilities. e. See FWCC 22-1638(d) for supplemental guidelines. (Ord. No. 96-271, S 3, 7-2-96; Ord. No. 99-333, S 3, 1-19-99; Ord. No. 00-382, S 3,1-16-01; Ord. No. 03-443, S 3, 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. F~.5 .~. - Ui2$.(1l) 1~","IItJ~J (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, 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 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 22-1638(c) for guidelines pertaining to city center core and city center frame. Exhibit 10 Page 7 of 17 I:\DOCUMENT\Zero Lot Line\Exhibit 10 Community Design.doc (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. Figure 6. Sec. 2:2. l!\c'ti (1)) ~Int ~..... (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. . G4\;. '(7)${';)' ~lt Figure 7 - Sec. 22 -163:5 (b) tncQ~ll"liIlinlJ !.lId$(i~ butIlIr. (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 ofthe 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 10 Page 8 of 17 I:\DOCUMENT\Zero Lot Line\Exhibit 10 Community Design.doc ..e=. figure 8. Soc, 22~1635 (I)) ~,~ft + I f'~.1' Figure "9 . Sec. 22 . 1635 (b') ~~~ (c) Building articulation and scale. (1) Except for zero-lot line townhouse development, 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. ff~ W Scl;>, Z2 1(.35 (,,; B~.~ Exhibit 10 Page 9 of 17 I:\DOCUMENT\Zero Lot Line\Exhibit 10 Community Design.doc f'igl.tflll}- Sec. 22- HB.'i (C) ~fY8!lm.nts Vel\lc.:lILIclllll ~ ...... ~ Shawca.S8 'MndowlI FiVlr(' I) Soc. 2J 111:15 ,'C) Mwllllc.PAUr.ll1 An;hlll<duo.J 1UtI.o,... Pi:.; lLre 13 - $<<'_ !Z - 1633 (t:) (2) Methods to articulate blank walls: Following is a nonexclusive list of methods to articulate blank walls, pursuant to FWCC 22-1 564(u) and subsection (c)(l) 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 of the 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 space 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, S 3,1-19-99; Ord. No. 00-382, S 3, 1-16-01; Ord. No. 03-443, S 3, 5-20-03) ". r--'...-...-....-- .. .. .. ".. ~ -~- A..:hiIO=\;:Iu,...J "NOI.."". Mo.",;",1 ..,ilIliolll-1o L..IlIlo.LdpIPli ""..... ~d.. Exhibit 10 Page IOofl7 I:\DOCUMENT\Zero Lot Line\Exhibit lO Community Design.doc 22-1636 Building and pedestrian orientation - All zoning districts. (a) Building and pedestrian orientation. for all buildings except zero-lot line townhouse development. (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 14 . &x: 22 . 1636 (a) SI!IarM pIillk '!***'fIIN*' (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 orinformal). 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, ~ 3, 7-2-96; Ord. No. 99-333, ~ 3,1-19-99; Ord. No. 00-382, ~ 3,1-16-01; Ord. No. 03-443, ~ 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 fa~ade shall exhibit a number of unifying elements to produce the effect of an integrated project. (4) If parking occupies the ground level, see FWCC 22-1 634(c). Exhibit 10 Page 11 of 17 1:\DOCUMENT\Zero Lot Line\Exhibit 10 Community Design.doc J~ m ~. B B m (f . ~ Figure IS - Sec_ 22 - Ittl? (II) Retl!ltdl' pw"d 1De! fHadrl .....nts (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, S 3, 7-2-96; Ord. No. 99-333, S 3, 1- 19-99; Ord. No. 00-382, S 3,1-16-01; Ord. No. 03-443, S 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). (I) 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) Ifutilized, 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 10 Page 12 of17 I:\DOCUMENT\Zero Lot Line\Exhibit 10 Community Design.doc 20' Fi~ Hl~ Sec.:!Z. l<ilS (ll) (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. Fi~\lt'e 17 . Scv. 22. 16::8 (a) (II) Common recreational spaces shall be located and arranged so that windows overlook them. Figm: 18 . 5<<_ ZZ. IIBR (II) (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. Exhibit 10 Page 13 of17 l:\DOCUMENT\Zero Lot Line\Exhibit 10 Community Design.doc Fliut'C 19 . Stc., 22. 16>11 fa) (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. FigUlll10 -Sec. 22 - 163$ fa} (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. Figure 21 - Set':, Z2. Hil,S < (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-l634( d). Exhibit 10 Page 14 of 17 1:\DOCUMENliZero Lot Line\Exhibit 10 Community Design.doc (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). (I) 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% ofthe 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 9 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 10 Page 15 of17 1:\DOCUMENT\Zero Lot Line\Exhibit 10 Community Design.doc (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 coni unction 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 fa<(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 of the following elements at the ground level: a. Retail, commercial, or office uses that occupy at least 50 percent of the building's lineal frontage along the right-of-way; or b. A l5-foot-wide strip of Type III landscaping along the base of the 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)(1). (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)(ll); (a)(12); (a)(14); (a)(16); and (a)(17) of this section shall apply. (d) For all residential zones. (I) 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. Subsections (a)(5) through (a)(17) of this section shall apply. (3) Zero lot line townhouse residential uses. Subsections (a)(9), (a)(11) through (a)(14), and (a) (17) of this section shall applv. (Ord. No. 96-271, ~ 3, 7-2-96; Ord. No. 99-333, ~ 3, 1-19-99; Ord. No. 00-382, ~ 3,1-16-01; Ord. No. 03-443, ~ 3, 5-20-03) 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-l638(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 10 Page 16 of17 1:\DOCUMEN1\Zero Lot Line\Exhibit 10 Community Design.doc (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 of the subject facade, using FWCC 22-l635(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, ~ 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 open 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, ~ 3, 7-2-96; Ord. No. 99-333, ~ 3,1-19-99; Ord. No. 00-382, ~ 3,1-16-01; Ord. No. 03-443, ~ 3, 5-20-03) Exhibit 10 Page 17 ofl7 1:\DOCUMEN1IZero Lot Line\Exhibit 10 Community Design.doc "0 Q) ~ 0.. o "0 Cl:S ;>- '+:l 5 ~ () Q) .;3 $:I ..... ~ ..8 en en Cl:S Q) ,.c ...... ~ ..s:: en Q) E: 5 ..... ~ () Q) en I en en 8 u ~ ~ ...... ... .c ... -= ~ ~ en ~ Q) Q) ~ ...... Cl:S () .Q 1-4 c.E en "0 .g fa ~ en I ~ Q) "0 ;;'Q) e'4..s:: ~~ c.!. en =2 I Cl:S ~J:i -&;g .cs "t Q) ~{l "tl~!:l _ 0/) Cl:S e'4$:1...... ()..... 0.. = ~ Q) ..:l .Q .::: :B ~ QOQ)..s:: M..s:: ~ ~ r-- S' M 0 M () ~ ~\OooS:=:~~~lt")O "0 a Ol '1 o u :i- 's '* ., ~ ~ g '00 N o Ol ';;; '.5 5 .g "'0 .5 ~~ ] '"06 CI'J d a ~ ., cd 6'~ s'.5N- ~ ~ b ~ l!) '"O.s 0 ::E.S 0 U :2 ! "0 ., ., Q.. '" .~ ., Cl '" ::s o l': ~'B .- 5 ~ = 0 fi:~::E ,- ~ ~ ., "0 ~ S ~ .~ ::E '" ::s o l': I'" .- l': .s .- 5 ...::::= 0 cl:~::E '" ., g N ... ., ..s o '" '" ., ., g 5 N '" N b ., ~ '525 u ... u .~..s.€ uou z ., <E ;::: ..s "0 .~ -"i <U ~ ., "0 i;j ~~ zz o f-. 8s v v 0", ~N V V o '" '" NNO 66z~ 0.... .... '" o 0 '<t" OOZN '" '" I I 0'" ~NZ~ '<t" 80000 qOZN .... .... I I 8~0", '" z'" 00 8"'00 .n';jz'<t" v o &~ '" '" '<t" I I 00 00 0, .... .... '" ., 5 N b ..s o S ::s '0 I~ ... ::s l': u 0 os..c:: ~ gi.~ 10::11:; ~ 'ti);;::::: "'0 "''''.... ~ "'0 ~ Il.) ~ ~.~ ~ ~~t)Q) 3 ~J~~ <<Cl~ ..s "0 .~ Q.. '.5 '" OIl l': .~ u ~C' ~ ~ ~~ 012"'< "'8S;ZNNN '<t" N o N 00 Z'<t" '" ., g .; 's "'~ ., . 5.g ';.S ]I.~ ~ 5 ~"O ~~~ 6 'c;j..9 NI.~ "0 1-0._ !::::: ~ .s~cd6 5 " S N I ~ ~.2 b I.~]I ~..s u::C:::Eo I-=: " <E I;::: ..s "0 .~ "0 ~ '" p.., I-=: " <E I;::: ..s "01 ~ '~I~ -51 iU 5 .~ ~ '';:: ~t5~ o , , - '" ~I] e uc<:u ...; o ~~ .... ;a ~ '" ~ sg o .:2 ~ :t:: ~] .D 0 ;::l 0 0..00 o s:: 05 .~ >'0 .D= "O<S o 0 605 l5....... 0..0 0:1_ ~;;j ",' ~ 0"<:: 5 ~ N '" ]~ ~ "0 0 '(ii 0) e ~ s::"O .- 0 '" '" -0 5 e..<:: ~ ~ B 0 .s; 0 "Os:: ] .s;.:::: G.) 0:1..... "0 S ..9 C1J e-6 ;g oli)o gN ~ .- "0 ~ ~ Iii B ~ 0 E'~ ] ~6 ] 0"<:: , .:;;: 0 e o 0 "0 0:1 N 00 to: .... s:: 0 0 's ~ ~'OO "; 25 'u) 0\ u._ (I) g ~ .~ .~> ~..<:: . = ._ :2: C1J ~ 0:1 "0 "0 ",' il~ u ~ ~ .- {/} . s:: s.<;:::..d'E o S -silo '" ~ ~o ~ .5 ~ ] ~ ~ e~ . ~O).;~ O",t>"O~~N ]~g~~~R ~~B..2~~o s::~cdl-o__....... Q)cd>Ol-;S:::::- o E'i:: !3 0 0:1 tl E....... 0.. 0 o"<::..c:: ::sl""'"""cd~-;"e Eos:: "'''''''N .- ~.- E E ~ GO'J .S ... ': ~ ~ .~ ('f')"' E50..............."I' o..oC1J~~~o s::~tl.b.b.b~ .~ ~ C1J Q) C1J (t.) Z ~~~~~~-ci '<::UI-o=NM~O f:--I '-'''-' "-"~ ~ u o "0 .; 'E '" "0 E CI) - " " .l:: CI) :: - :E ~ ~ " l': ;:J .3 o b ~ ~ ~ u o 8 ..... o " OIl '" p.., - :E :.a >< ~