Planning Comm PKT 08-16-2006
August 16, 2006
7:00 p.m.
Commissioners
Hope Elder, Chair
Dave Osaki
Merle Pfeifer
Pam Duncan-Pierce
City of Federal Way
PLANNING COMMISSION
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
. BUDGET PRESENTATION
. STUDY SESSION
Small Lot Code Amendment
7. ADDITIONAL BUSINESS
8. AUDIENCE COMMENT
9. ADJOURN
Dini Due/os, 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
K;IPlanning Corrnnission\2006IAgenda 08-16-06.doc
www.cilvoffederalwav. COlli
CITY OF FEDERAL WAY
PLANNING COMMISSION
July 19, 2006
7:00 p.m.
City Hall
Council Chambers
MEETING MINUTES
Commissioners present: Hope Elder, Dave Osaki, Dini Duclos, Merle Pfeifer, and Lawson Bronson. Commissioners
absent: Bill Drake (excused) and Pam Duncan-Pierce (excused). Alternate 'Commissioners present: Richard Agnew.
Alternate Commissioners absent: none. Staff present: Senior Planner Margaret Clark, Contract Planner Janet Shull,
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 Bronson moved (and it was seconded) to adopt the June 7, 2006, minutes. The motion carried (four
yes, one abstain). Commissioner Duclos moved (and it was seconded) to adopt the June 21, 2006, minutes. The
motion carried (five yes).
AUDIENCE COMMENT
None
ADMINISTRATIVE REpORT
There will not be a meeting on August 2, 2006. The next Planning Commission meeting will be August 16, 2006.
The M;anagement Services Director will deliver a presentation on the City budget.
COMMISSION BUSINESS
STUDY SESSION - Zero Lot Line Code Amendment
Ms. Shull delivered the staff presentation. She informed the Commission that in addition to the zero lot line
townhouses code amendments, the staff is proposing a number of housekeeping amendments, including some due
to changes in state law.
Zero lot line townhouses may look like multifamily development, but they differ from multifamily in that the
parking is located with the unit. In addition, the owner owns the land in addition to the unit, unlike condominiums
where the owner owns only the unit and the land is held in common ownership.
The proposed code amendments would permit zero lot line townhouse development in multifamily zones at similar
densities. The minimum lot size would be reduced to approximate the underlying density to allow for individual lot
ownership. In addition, amendments to the subdivision code are necessary to address townhouse development.
Ms. Shull commented that Community Development Services staff is working with Public Works staff on street
issues. One issue is whether alleys will be public or private, and to what standards they would be built.
K:\Planning Corrnnission\20061Meeling Surmnary 07-19-06.doc
Planning Commission Minutes
Page 2
July 19, 2006
The Commissioners had a number of issues and concerns. One is whether accessory units would be alJowed. This
is an issue the staff has not considered. A concern was that of fire-safety and concern that the units may be too
close together. Ms. Clark replied that the fire department has reviewed this proposal and had no concerns.
Commissioner Osaki commented that in Auburn, they had issues with driveways, street lights, and street trees due
to the narrowness of such lots. Ms. Shull noted that proposals would be subject to relevant community design
guidelines. Commissioner Bronson commented that if these are single-family residences, they should not be subject
to regulations for multifamily residences, such as the community design guidelines and discouraging garages in
front. Ms. Clark replied that staff will research this issue.
The Commission asked how the potential purchase of the Boy Scout camp could effect the open space requirement.
Ms. Clark said that the Parks Department is planning to adopt a park impact fee. In addition, there may not be an
issue if there are not multifamily zoned areas near the Boy Scout camp. Staff will research this issue.
ADDITIONAL BUSINESS
None
AUDIENCE COMMENT
None
ADJOURN
The meeting was adjourned at 8:00 p.m.
K:IPlanning Corrnnission\20061Meeling Surmnary 07-19-06.doc
~
CITY OF' - =-'
Federal W~y
MEMORANDUM
August 9,2006
To: Hope Elder, Chair, Federal Way Planning Commission
FROM: Margaret H. Clark, AICP, Senior Planner
Janet Shull, AICP, Contract Planner
SUBJECT: Draft Small Lot Single Family in RM Zones - Code Amendments
MEETING DATE: AUGUST 16, 2006
I. BACKGROUND
In September 2005, the City received a citizen request for a zoning text amendment to allow small lot
detached (single-family) development in multifamily residential (RM) zones. Specifically, a request
by Wally Costello on behalf of the Quadrant Corporation was submitted to amend the zoning code in
order to allow single family units on 2,400 lots in a multifamily (RM 2400 - one unit per 2,400
square feet) zone.
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
5,000 square ~eet for an individual detached dwelling unit. The reason for the amendment is to allow
for individual detached single family dwelling units to be constructed on individual platted lots that
approximate the underlying density per the zoning district.
The Land Useffransportation 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.
n. REQUESTED ACTION
Staff would like to receive Planning Commission comments and questions on the proposed code
amendments shown as shaded strikeout (proposed deletions) and shaded underline (proposed
additions) in the attached exhibits.) Your comments will be incorporated into further revisions of the
draft small lot single family code amendments.
ID. SUMMARY OF FINDINGS AND RECOMMENDATIONS
. The current RM zoning district regulations permit single family detached development, but
without a provision for platting individual lots that represent the underlying density based on
zonmg.
I The non-shaded strikeout and underlining is what previously proposed in the Zero Lot Line Code Amendment Study Session.
. Developers are seeing an increased demand for a residential product that provides individual lot
ownership at multifamily densities (small lot detached and townhouse style development).
. Allowing platting of individual lots approaching the underlying RM zoning district densities
would provide additional Infill opportunities for smaller sites.
. Allowing for platting of individual lots approaching the underlying RM zoning district densities
would provide additional opportunities for affordable home ownership.
. Small lot single family detached dwelling units should be allowed through a demonstration
project in RM zoning districts.
. Zoning code amendments to allow for the platting of individuallots for detached single family
homes at typical multifamily residential densities need to address appropriate setbacks, height
limits, off-street parking, landscaping, and open space requirements.
IV. ISSUES CONSIDERED IN PROPOSED CODE AMENDMENTS
A. . Development will be permitted through an innovative housing development approval
process.
It is recommended that small lot detached development within RM zoning districts be permitted
through application as an "Innovative Housing Demonstration Project." In order to be
considered for the demonstration program, specific development proposals would need to be
submitted and meet certain design and development criteria. In addition, such proposals would
be subject to public notice and public hearing requirements.
B. Lot Size
It is recommended that minimum lot size be the same as the underlying density, but no smaller
than 2,400 square feet. A review of examples of small lot single family development in other
jurisdictions2 indicated that the average lot size for this type of development was approximately
3,000 square feet. While some were found on lots as small as 1,900 square feet, staff
recommends that 2,400 square feet is appropriate for Federal Way.
C. Setback Requirements
Side Yard Setbacks: A minimum of 10 feet should be maintained between dwelling units in
small lot single family developments. A five-foot minimum side yard setback would achieve
this. Another option is to allow zero lot line development where one wall of the dwelling unit
may be placed on the lot line and the other side yaid must maintain a minimum 10-foot setback.
With zero lot line development there are additional considerations including the need for
maintenance easements to allow neighbors to perform painting and other standard maintenance
activities. In zero lot line developments there are also often restrictions on windows being placed
on the side of the house placed on the lot line to ensure a level of privacy for homeowners.
2 Source: "The Right Size Home - Housing Innovation in Washington" by The Housing Partnership, project examples are
located in Woodinville, Kirkland and Renton.
Planning Commission Memorandum
Page 2
August 9, 2006
Front and Rear Yard Setbacks: A review of typical small lot single family development
standards indicates that front yard setbacks are usually a minimum of 10 feet, unless garages are
located at the front of the unit, where a minimum 20 foot front yard setback must be maintained.
Rear yard setbacks are typically a minimum of 10 or 15 feet, with the exception of garages that
may be placed closer to the rear property line as long as adequate access from an alley or drive is
accommodated. Where garages are placed in the front, staff is recommending that we adopt a
five-foot minimum rear yard setback for consistency with existing rear yard requirements. When
garaged are located in the rear, we recommend that the rear setback be 20 feet.3
D. Bulk and Scale
The current height limit for single family detached development in single family residential (RS)
zones and multifamily residential (RM) zones in Fetleral Way is 30 feet. It is recommended that
the height limit for small lot detached dwelling units in RM zones be 25 feet. This would still
allow a two-story house with a pitched roof and would help ensure that homes built on smaller
lots are proportionately smaller than standard lot size subdivisions. Some communities also
specify maximum gross square footage for small lot detached residential development (similar to
typical cottage housing standards). It is recommended that maximum gross square footage
requirements be considered as follows: maximum of 2,000 gross square feet for small lot
detached homes in the RM 3600 zone and maximum of 1,600 gross square feet for small lot
detached homes in the RM 2400 and RM 1800 zones.
E. Parking and Garage Location
Off-street parking for small lot detached development could be located at the front, rear, or the
side of each unit. A minimum of two parking spaces should be provided for each unit, with at
least one space in a garage.
F. Open Space
Providing open space for small lot detached development is an important consideration. Since
small lot detached housing is likely to appeal to families with children, on-site common open
space is an important consideration. A review of examples of small lot detached developments
shows that common usable open space areas are typically provided. Staff is recommending that
there be requirement for common on site open space and that paying a fee in lieu of on-site open
space not be an option for this development type. This is similar to the cluster subdivision
standards.
V. SUMMARY OF EXHIBITS
The following is a summary of the attached exhibits:
Exhibit 1 Changes to subdivision code relating to small lot detached development code
amendments. Exhibit 1 also includes proposed zero lot line townhouse amendments and
general housekeeping items, including some changes made to reflect changes in state
law, and other changes that appeared to be timely, such as the review process for
condominiums.
3 This is subject to change based in the standards for alleys, which are still being researched.
August 9, 2006
Planning Commission Memorandum
Page 3
Exhibit 2 New definition for "Small Lot Detached Dwelling Units" to be added to the zoning
code.
Exhibit 3 New RM Use Zone Chart for small lot detached development.
Exhibit 4 Changes in the Landscaping section to address small lot detached development.
Exhibit 5 Street Standards
VI. FURTHER STAFF REVIEW AND REPORT TO THE PLANNING COMMISSION
· Alley Standards - Planning staff is currently coordinating with the Public Works
Department on related alley right-of-way standards.
· Changes to Definition of Short Subdivision - The City Council would like short plats
to be increased from four to nine lots. Staff will research this and include this code
amendment with the "small-lot code amendment."
· Clarification of Setbacks for Flag Lots and Other Irregularly Shaped Lots - As the
availability of land decreases, we are experiencing a demand for in-fill development
which may result in irregular shaped lots. Setbacks (front, side and rear) for these lots
need to be clarified.
Once we have competed our research, staff will 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.
1:\2006 Code Amendments\Small Lot Detached\Staff Review\Memo to PC.doc
Planning Commission Memorandum
Page 4
August 9, 2006
.
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 ofpetjury.
Exhibit 1, FWCC Chapter 20, "Subdivisions"
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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 aflJ' ~ lot under this section, which is one-one hundred twentieth of a section of land or larger, or five
acres or larger, and which borders on a street or road, the lot size shall be expanded to include the area
which would be bounded by the centerline of the road or street and the side lot lines of the lot running
perpendicular to such center lot line.
fSma:Zllot detached develovment,.meansdetached residential dwelling units-deveI~d)1lon
famil -zoned ro e . Each unit is located on its own fee-sim Ie lot. One of the dwellin unit'~
... ictl?s...~~Y..I"~~t..2~...~Jqtl!~~..(:z;l?I"q.....l~tJi~~}..Wl1~q~J:t~i~..sitl?ct~Yl?lqll~l?~~..C2~ctiti2~~...~I"l?..~~.~r -.. .
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 aflJ' ~ lot under this
section, which is one-one hundred twentieth of a section of land or larger, or five acres or larger, and
which borders on a street or road, the lot size shall be expanded to include the area which would be
bounded by the centerline of the road or street and the side lot lines of the lot running perpendicular to
such center lot line.
Exhibit 1, FWCC Chapter 20, "Subdivisions"
~2004 Code Publishing Co.
Page 2 of 52
1:\DOCUMENTlSmall Lol AmendmenlSlExhibill Subdivision[sf].doc
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.
~LOTline.means the location of a building in such a manner tHat'*one"'bl"tNo-re"'oflh?'btiilCliiig's
IW""."- .. .. . ... .. ....... ... .. ... ... - . -.. . .. .. . .. .. . .
~i4t?s..I"t?s.t..4ict"t?qtly..p~...~.Jpt.liI"lt?J
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.
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 yard. is owned in fee-simple.
Zoning restriction means the restrictions contained in Chapter 22 FWCC, Zoning. (Ord. No. 90-41, S
1(16.20),2-27-90; Ord. No. 97-291, S 3, 4-1-97; Ord. No. 98-309, S 3,1-6-98)
20-2 Purpose.
This chapter is adopted in furtherance of the comprehensive plan of the city. It is hereby declared that
the regulations contained in this chapter are necessary to:
(l) Promote the health, safety and general welfare in accordance with standards established by the
state and the city;
(2) Promote effective use of land by preventing the overcrowding or scattered development which
would injure health, safety or the general welfare due to the lack of water supplies, sanitary sewer,
drainage, transportation or other public services, or excessive expenditure of public funds for such
servIces;
(3) Avoid congestion and promote safe and convenient travel by the public on streets and
highways through the proper planning and coordination of new streets within subdivision with existing
and planned streets in the surrounding community;
(4) Provide for adequate light and ;air;
(5) Provide for water, sewage, drainage, parks and recreational areas, sites for schools and school
grounds and other public requirements;
(6) Provid~ 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;
(l0) Provide for flexibility in site design to accommodate view enhancement and protection,
protection of streams and wetlands, protection of steep slopes and other environmental significant or
sensitive areas. (Ord. No. 90-41, S 1(16.10.20),2-27-90; Ord. No. 97-291, S 3,4-1-97)
20-3 Exemptions.
The provisions of this ehaflter shall not apply to Subdivision review is not required for:
(1) 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;
~ (J} Divisions made by testamentary provisions, or the laws of descent;
~ (11 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;
Exhibit I, FWCC Chapter 20, "Subdivisions"
@2004 Code Publishing Co.
Page 3 of 52
1:\DOCUMENTlSmall Lol AmendmenlslExhibit I Subdivision[ sf).doc
(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;
~ (Q) 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;
(61 e1} Division of land into lots or tracts for condominium development if: (a) Such division is a
result of subjeeting a portion of a pareel or traet of land to either Chapter 61.32 RCW (Horizontal
Regimes Aet) or Chapter 61.34 RCW (Condominium Act) subsequent to the recording 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;
fA 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 f2} Divisions or acquisition of land for public right-of-way.
(10) 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 subiect to the provisions of this subsection are planned and constructed. (Ord. No. 97-291, S
3,4-1-97)
20-4 Interpretation - Conflict.
(a) In their interpretation and application, the provisions of this chapter shall be held to be the
minimum requirements. More stringent provisions may be required if it is demonstrated that different
standards are necessary to promote the public health, safety and welfare.
(b) Where the conditions imposed by any provisions of this chapter are either more restrictive or less
restrictive than comparable conditions imposed by any other provisions of this chapter 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, S 1 (16.450.10,
16.450.20),2-27-90; Ord. No. 97-291, S 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
Exhibit I, FWCC Chapter 20, "Subdivisions"
<<d2004 Code Publishing Co.
Page 4 of 52
1:\DOCUMENliSmall Lol AmendmenlSlExhibill Subdivision[sf).doc
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
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, nuis.^.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 ](16.460.10,
]6.460.20),2-27-90; Ord. No. 97-29], S 3,4-]-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. 97-29], S 3,4-]-97)
20-7 - 20-20 Reserved.
Exhibit 1, FWCC Chapter 20, "Subdivisions"
@2004 Code Publishing Co:
Page 5 of 52
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Sections:
Article II.
PLATS
Division 1. Generally
20-21 Preapplication conference.
20-22 Application cancellation.
20-23 - 20-40 Reserved.
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
2069
20-69
20-70
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 Reser'/ed.
Division 5. Cotta2e Development
Application and review process.
Division 6. Zero-Lot Line Development
Application and review process.
Page 6 of 52
I:IDOCUMENTlSmall 1.01 AmendmenlSlExhibill Subdivision[sf].doc
Exhibit 1, FWCC Chapter 20, "Subdivisions"
@2004 Code Publishing Co.
DivisiO'D'7:'Small"L1'tlJefacU\d iii'velopment
~0~7r~''3''''\'YiDtfli~ation'and review processJ
~Qm~! 20-71. - 20-80 Reserved.
Division S ~. Short Subdivision Plats
20-81 Application and review process.
20-82 Preapplication conference.
20-83 Content and form of application.
20-84 Routing.
20-85 Determination of completeness.
20-86 Time limitation for approval or disapproval of plats - Extension.
20-87 Compliance with State Environmental Policy Act.
20-88 Process for review.
20-89 Official file.
20-90 Notice.
20-91 Burden of proof.
20-92 Written comments.
20-93 Director's decision.
20-94 Appeals.
20-95 Notice of appeal hearing.
20-96 Participation in the appeal.
20-97 Scope of the appeal.
20-98 Staff report on appeal.
20-99 Public hearing on appeal.
20-100 Electronic sound recordings.
20-101 Burden of proof.
20-102 Continuation of the hearing.
20-103 Decision on appeal.
20-104 Judicial review.
20-105 Departmental action.
20-106 Effect - Duration approval.
20-107 Effect - Time extension.
20-108 Improvements - Completion or guarantee.
20-108.5 Alteration and vacation of short plats.
20-109 Recording of short plat.
20-110
20-111
20-112
20-113
20-114
20-115
20-116
20-117
20-118
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.
Page 7 of 52
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Exhibit I, FWCC Chapter 20, "Subdivisions"
@2004 Code Publishing Co.
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
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.
Division:;' 1m. 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.
20-140
20-141
20-142
20-143
20-144
20-145
20-146
20-147
Division 8 Irii. Alterations of Plats
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.!.n. 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
Page 8 of 52
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Exhibit 1, FWCC Chapter 20, "Subdivisions"
@2004 Code Publishing Co.
and zero-lot line townhouse developments of five lots or more. The developer may request a
preapplication conference for short plats, and cottage housing or 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.
(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, ~ 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 ofthis chapter. (Ord. No. 90-41, ~ 1(16.200.10),2-27-90; Ord. 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:
Exhibit I, FWCC Chapter 20, "Subdivisions"
<<:>2004 Code Publishing Co.
Page 9 of 52
j'IDOCUMEN1\Small Lol AmendmentslExhibit I Subdivision[st].doc
(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 di"stance of each from both the existing and
proposed lot lines, when such distance is less than 50 feet;
(5) The location of all existing driveways and recorded easements for access, utilities or other
purposes. (Ord. No. 90-41, ~ 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
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 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 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 120-day time period does not apply if an application for a boundary line adjustment is part of a
project that requires an amendment to the comprehensive plan or this chapter; requires 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.
Exhibit 1, FWCC Chapter 20, "Subdivisions"
@2004 Code Publishing Co.
Page 10 of 52
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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
n~mber 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)
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, S 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, S 3,4-1-97) .
20-50 Drawing requirements.
The drawing sheet shall be eight and one-half inches by 11 inches in size drawn at an engineering
scale of one inch represents 50 inches or larger. A larger sheet size may be used, if necessary, up to a
maximum of 18 inches by 24 inches. The drawings shall include the following information:
(1) The original parcel lot lines shall be shown with heavy, solid lines. The location of all streets
and structures shall be shown. The drawing shall clearly show property dimensions, distances from all
structures to property lines, and the use of all structures.
(2) The revised exterior parcel lot lines shall be shown with heavy, solid lines. The interior lot
lines to be eliminated shall be shown with a light, dashed line. The location of all streets 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.
Page 1 I of 52
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Exhibit 1, FWCC Chapter 20, "Subdivisions"
~2004 Code Publishing Co.
(3) A north arrow, with north oriented to the top of the sheet, shall be shown on each drawing.
(4) Tax parcel numbers of the parcels being altered by the lot line elimination shall be shown.
(Ord. No. 97-291, S 3, 4-1-97)
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 completeriess 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.
(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)
20-52 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 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 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, S 3,4-1-97)
20-53 Recordation.
The city shall record all approved lot line eliminations with the King County division of elections and
records. A copy of the documents, stamped with the recording number, shall be forwarded to the
Exhibit 1, FWCC Chapter 20, "Subdivisions"
@2004 Code Publishing Co.
Page 12 of 52
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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, S 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 oondom.inium.s or Lmanufactured 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
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.
(1) Within 28 calendar days of receiving an application, the city must determine whether the
application is complete. The city will apply FWCC 20-62 to determine completeness. If the city deems
the application to be complete, a letter of completeness must be issued prior to the 28-day 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)
Exhibit 1, FWCC Chapter 20, "Subdivisions"
@2004 Code Publishing Co.
Page 13 of 52
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20-65 Director's decision.
(a) General.
(1) Coordination with decisions under the State Environmental Policy Act. If a SEP A threshold
determination is required to be issued, the threshold determination must follow the end of 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:
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 of the 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
Exhibit I, FWCC Chapter 20, "Subdivisions"
@2004 Code Publishing Co.
Page 14 of 52
1:IDOCUMENTlSmall Lol AmendmentslExhibill Subdivision[sf).doc
any covenants, deeds, or restrictions which affect the property shall be shown on the face of the binding
site plan. (Ord. No. 90-41, S 1(16.430.60),2-27-90; Ord. No. 97-291, S 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, S 3, 1-6-98)
~D 69 2l}"'8D'";I{esm;oo~
Division 5. Cottal!e Housinl!
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
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 137. Applications for
alteration and vacations of a cottage housing develollment consisting of five lots or more shall be
submitted and processed according to the requirements in FWCC 20-140 through FWCC 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 20-110 through 20-131 and 20-132
through 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 through FWCC 20-147 and FWCC 20-148 through 20-148.8 respectively.
!D'0%"='~'~7"'S .. "I"L=-t'u-t-Ii;'<;I'rt"'-1 l
! IV1Slon.' mat ..0 .. · eac 'eu eve opment
~O::71~! '(bplicati8tta,..tt"Re~t~rocess
'cations for a small lot detached develo. ment consistin oflom~lots or fewer.sh1i11"1Je'Wsllbmiftea
ocessed accordin to the re uirements for content and form for short subdivisions and rOcess a~
ed in FW-CC 20-81 through 20-1-9.A:pplication fora small lot detacheddevelopmenf consisting of
~Ye lots. ()~~ore shall besubmitt~.dand p~()cessed ac~()rding t() the ~<::quirements for content and form fot:
~reliminary plats<llld final plats as stated in F.:VCS.~p-110 t!n"ough 20-131 and 20-132thro~gh 137J
t<\ lications for alteration and vacations of a small lot detached devel ment consistin of five lots ot:
ore shall be submitted androcessed accordin .., to the re uirements in FWCC 20-140 throu h Fwcd
7 and~WCC 20-148tlrrough20-148.8. respec~vefyr ... ........... ....... .mm,m
m ....In addition. to the lllatting procedures referenced.. 1t1)ove:- all small lot detached development
~ications s~an be submitted and processed as. "dell10nstrationproiects" and mustllleet specificcriteri~
~sstatedinFWCCXX-XXJ ..' m . 'm ..'
~O--:72-:' ~2"o'~8'J'Reserve(J)
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Division S ~. 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 preapplication conference.
(b) The preapplication conference is advisory only and neither the applicant nor technical staff shall
be bound by any determinations made therein. (Ord. No. 90-41, S 1(16.140.10, 16.140.20),2-27-90; Ord. No.
97-291, S 3,4-1-97)
20-83 Content and form of application.
(a) An application for approval of a short subdivision shall be made to the department of community
development services upon forms furnished by the city. Applications shall be made by the owner or
owners of the parcel or parcels of all property encompassed by the application or by a 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 of 20 percent or greater.
(8) Location and extent of significant natural features on and immediately adjacent to the site.
Such features shall include, but are not limited to, streams, wetlands, views, significant trees, and water
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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.
(11) Location, widths, and names of existing or priotplatted 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 of land 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. (ard. No. 90-41, S
1(16.150.10-16.150.30),2-27-90; ard. No. 97-291, S 3,4-1-97)
20-84 Routing.
(a) Upon submittal of an application for a short subdivision, the director of community development
services shall distribute a copy of the application to the public works department, the Lakehaven utility
district, and/or city of Tacoma public utilities department, depending on who the water and sewer
purveyor will be, and the county department of public health, if the project is to be served by 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; ard. No. 97-291, S 3, 4-1-97) .
20-85 Determination of completeness.
(~) 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,
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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 if new information is required or substantial changes in the proposed action occur. (Ord. No.
97-291, ~ 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, ~ 3,4-1-97)
20-87 Compliance with State Environmental Policy Act.
The State Environmental Policy Act applies to some of the decisions that will be made using this
article. The director of community development services shall evaluate each application and, where
applicable, comply with the State Environmental Policy Act and with state regulation and city ordinances
issued under the authority ofthe State Environmental Policy Act. (Ord. No. 97-291, ~ 3,4-1-97)
20-88 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, ~ 2(145.05), 2-
27-90; Ord. No. 97-291, ~ 3, 4-1-97)
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, ~ 3,4-1-
97)
Exhibit 1, FWCC Chapter 20, "Subdivisions"
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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; ard. No. 00-375, S 6,10-3-00)
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. (ard. No. 97-
. 291, S 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. (ard. No. 97-291, S 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:
(1) It is consistent with the comprehensive plan;
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(2) It is consistent with all applicable provisions of this 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:
(1) 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:
(l) 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.
(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:
(l) A statement identifying the decision being appealed, along with a copy ofthe 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, ~ 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:
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(l) The file number and a brief description of the matter being appealed.
(2) A statement of the scope of the appeal, including a summary of the specific factual findings
and conclusions disputed in the letter of appeal.
(3) The date, time, and place of the public hearing on the appeal.
(4) A statement of who may participate in the appeal.
(5) A statement of how to participate in the appeal.
(b) Distribution. At least 10 calendar days before the hearing on the appeal, the director of community
development services shall mail a copy of this notice to each person entitled to appeal the decision under
FWCC 20-94. (Ord. No. 97-291, ~ 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, ~ 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, ~ 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.
(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:
(l) 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)
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20-101 Burden of proof. .--
The person filing the appeal has the responsibility of convincing the hearing examiner by a
preponderance of the evidence that the director of community development services' decision contains an
error of law or that its findings of fact or conclusions are incorrect. (Ord. No. 97-291, S 3, 4-1-97)
20-102 Continuation of the hearing. _
The hearing examiner may continue the hearing if, for any reason, the examiner is unable to hear all
of the public comments on the appeal or if the hearing examiner determines that the examiner needs more
information within the scope of the appeal. If, during the hearing, the hearing examiner announces the
time and place of the next hearing on the matter and a notice thereof is posted on the door of the hearing
room, no further notice of that hearing need be given. (Ord. No. 97-291, S 3,4-1-97)
20-103 Decision on appeal.
(a) General. The hearing examiner shall consider all information and comments within the scope of
the appeal submitted by persons entitled to participate in the appeal. The hearing examiner shall either
affirm or change the findings and conclusions of the director of community development services that
were appealed. Based on the hearing examiner's findings and conclusions, the examiner shall either
affirm, reverse, or modify the decision being appealed.
(b) Issuance of written decision. Within 10 working days after the public hearing, the hearing
examiner shall issue a written decision on the appeal. Within two working days after it is issued, the
hearing examiner shall distribute the decision as follows:
(1) A copy will be mailed to the applicant.
(2) A copy will be mailed to the person who filed the appeal.
(3) A copy will be mailed to each person who participated in the appeal.
(4) A copy will be mailed to each person that specifically requested it.
(5) A copy will be mailed to the King County assessor.
(c) Effect. The decision by the hearing examiner is the final decision of the city. (Ord. No. 97-291, S 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, S 3, 4-1-
97)
20-105 Departmental action.
(a) The application for a short subdivision shall be reviewed for compliance with FWCC 20-2, and
design criteria and development standards set forth in FWCC 20-151 through 20-157 and 20-178 through
20-187, other applicable ordinances 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:
(1) Improvements required as conditions of approval of the short subdivision.
(2) Review comments and requirements of reviewing agencies.
(3) Reasons for denial of the short subdivision, if applicable.
(c) A short plat may not be recorded until it has been certified by the director of public works that all
improvements required as a condition of approval have been substantially completed in accordance with
FWCC 20-108. Such certification shall appear on the face of the short plat.
(d) No final short plat shall be approved until the department of community development services has
made a formal written finding that the proposed short subdivision is in conformity with applicable zoning
ordinances or other land use controls and that the plat encompasses good planning features and provisions
for safe walking conditions such as sidewalks for students who walk to and from school.
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(e) Every short plat of a subdivision or short subdivision to be recorded must contain a certificate
giving full and correct description of the lands divided as they appear on the plat, along with a statement
that the subdivision has been made with the consent of the owner and all affected owners.
(1) For those short plats subject to dedication, a notarized written instrument containing subject
dedication to the public must be signed by all parties having ownership interest in the land subdivided.
This notarized dedication must be placed on the face of the recorded short plat or the written instrument
along with a title report confirming title oflands described shall be recorded as part of the short plat.
(2) An offer of dedication may include a waiver of right of direct access to any street from any
property if acceptable by the city. Roads not dedicated to the public must clearly be marked on the face of
the plat. Any dedication, donation, or grant as shown on the face of the plat shall be considered for all
intents and purposes as a quitclaim deed.
(f) A drainage release shall be provided releasing the city for claims for injury or damage resulting
from the storm drainage system to be installed, if any, and indemnify the city from any claims brought by
downstream owners based on the operation, failure to operate, improper design, or improper construction.
(Ord. No. 90-41, S 1 (16.180.10 - 16.180.50),2-27-90; Ord. No. 97~291, S 3, 4-1-97; Ord. 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 perpetually 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)
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 of FWCC 20 105 20-106.
(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,
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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 Article II, DivisioR 9, of this chapter FWCC 20-148 et seq.
(b) Vacation of an approved short plat shall follow the process established as follows; except that,
when a vacation involves a public dedication, the vacation shall be processed as provided in f.rticle II,
DivisioR 9, of this chapter FWCC 20-148 et seq.
(1) A preapplication 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, S 3, 1-6-98)
Exhibit 1, FWCC Chapter 20, "Subdivisions"
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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 andissued after the filing of the short plat. (Ord. No. 90-41, S 1(16.190.10,16.190.20),2-27-
90; Ord. No. 97-291, S 3,4-1-97)
Division 6 2. Preliminary Plat
20-110 General procedure.
The general procedure for processing an application for a subdivision consists of seven steps as follows:
(1) A preapplication conference between the proponent and city staff to discuss land use, site
design, transportation, and environmental issues if the applicant requests it;
(2) Review of the preliminary plat application by the city staff to determine whether or not the
application is acceptable for filing;
(3) Review of the proposed preliminary plat by the responsible official in order to insure
compliance with the state environmental policy act, RCW 43.21C.01O 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.
Exhibit 1, FWCC Chapter 20, "Subdivisions"
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(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 of 20 percent or greater.
h. Location and extent of significant natural features on and immediately adjacent to the site.
Such features shall include but are not limited to streams, wetlands, 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.
I. Existing and proposed water, sewer, and drainage utilities on, under, or over the land
showing size, grades, and location.
m. Layout of proposed streets, pedestrian walkways, and easements.
n. Layout, number, 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 of the preliminary
plat map.
(6) If applicable, a phasing plan, showing divisions of the plat and a proposed timetable for
construction of each division.
(7) A complete environmental checklist pursuant to environmental policy, FWCC 18-26 et seq.
(8) Preliminary plat certificate not less than 90 days old from a licensed title insurance company.
Exhibit 1, FWCC Chapter 20, "Subdivisions"
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(9) Additional information as required at the discretion of the director of community development
servIces.
(d) Upon submittal of the preliminary plat application, the applicant shall tender payment of required
fees. Such fees shall be determined according to a standard fee schedule approved by the city council. The
purpose of such fees is to defray the city's cost in processing the application. (Ord. No. 90-41, S 1(16.50),2-
27-90; Ord. No. 97-291, S 3, 4-1-97; Ord. No. 98-309, S 3, 1-6-98)
20-112 Conformance with applicable codes and standards.
All applications for preliminary plat approval shall be in conformance with the zoning code and
official zoning maps of the city. In the event an amendment to the zoning code and/or a change in the
zoning maps is required to assure such conformance, the director of community development services
shall require that the appropriate applications for su~h change be submitted so that such requests may be
considered concurrently. No plat shall be approved covering any land situated in a flood control zone
without the prior written approval of the Department of Ecology of the state of Washington. (Ord. No. 90-
41, S 1(16.60),2-27-90; Ord. No. 97-291, S 3,4-1-97)
20-113 Determination of completeness - Routing.
(a) Completeness.
(1) Within 28 calendar days of receiving an application, the city must determine whether the
application is complete. To determine completeness the city shall apply FWCC 20-111 and 20 179, and
determine whether the applicant has paid all fees and submitted all documents and information required to
permit a full public hearing upon the merits of the application, and determine whether the director of
community development services has received a notice of availability from the Lakehaven utility district
and city of Tacoma public utilities department for sewer and water, as appropriate. If the city deems the
application to be complete, a letter of completeness must be issued prior to the 28-day deadline. If the city
determines the application to be incomplete, the city shall notify the applicant of what needs to be
submitted for a complete application. In this written determination, the city shall also identify, to the
extent known to the city, the other agencies of local, state, or federal government that may have
jurisdiction over some aspect of the proposed development activity. An application shall be deemed
complete under this section if the city does not provide a written determination to the applicant as
required in this subsection.
(2) Within 14 days after an applicant has submitted the additional information identified by the
city as being necessary for a complete application, the city shall notify the applicant whether the
application is complete or whethe.r 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 District No. 39 South King Fire and Rescue;
(6) County department of public health, if septic systems are proposed for sewage disposal;
(7) Utility companies proposed to provide electricity, telephone, natural gas, cable television, and
solid waste collection. (Ord. No. 90-41, S 1(16.70.10, 16.70~20), 2-27-90; Ord. No. 97-291, S 3,4-1-97)
Exhibit 1, FWCC Chapter 20, "Subdivisions"
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20-114 Time limitation for approval or disapproval of plats.
A complete preliminary plat and any proposed subdivision and dedication shall be approved,
disapproved, or returned to the applicant for modification or correction within 90 days from date of filing
thereof, unless the applicant consents to an extension of such time period; provided, that the 90-day
period shall not include the time spent preparing and circulating environmental documents as required.
(Ord. No. 97-291, S 3,4-1-97)
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, S 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, S 3,4-1-97)
20-117 Official file.
(a) Contents. The director of community development services shall compile an official file on the
application containing the following:
(1) All application materials submitted by the applicant.
(2) The staff report.
(3) All written comments received on the matter.
(4) The electronic recording of the public hearing on the matter.
(5) The recommendation of the hearing examiner.
(6) The electronic sound recording and minutes of the city council proceedings on the matter.
(7) The decision of city council.
(8) Any other information relevant to the matter.
(b) Availability. The official file is public record. It is available for inspecting and copying in
department of community development services during regular business hours. (Ord. No. 97-291, S 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.
Exhibit 1, FWCC Chapter 20, "Subdivisions"
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(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 6Rallenge the recommendation ef the Rearing examiner ap~eal 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 copie~ of the
preliminary plat pursuant to FWCC 20 10920-113.
(5) Notice shall be mailed to the State Department of Transportation if the proposed plat abuts a
state highway.
(6) A copy will be published in the official daily newspaper of the city.
(7) A copy will be posted on each of the official notification boards of the city and at public
libraries within the city.
(c) Public notification sign. The applicant shall erect at least one public notification sign which
complies with standards developed by the department of community development services. This sign
shall be located on or near the subject property facing the right-of-way or vehicle access easement or tract
providing direct vehicle access to subject property. The director of community development services may
require the placement of additional public notice signs on or near the subject property if he or she
determines that this is appropriate to provide notice to the public.
(d) Timing. The public notification sign or signs must be in place at least 14 calendar days after the
letter of completeness has been issued, and removed within seven calendar days after the final decision of
the city on the matter. (Ord. No. 97-291, 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.
Exhibit 1, FWCC Chapter 20, "Subdivisions"
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(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:
(1) 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
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 of the hearing examiner are open to the public.
(c) Effect. The hearing of the hearing examiner is the open record hearing for city council on the
application. The city council shall not hold another open record hearing on the application. (Ord. No. 97-
291, 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 of the hearing. (Ord. No. 97-291, S 3,4-1-97) .
Exhibit 1, FWCC Chapter 20, "Subdivisions"
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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 apd 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.
(e) Contents. The hearing examiner shall include the following in the written recommendation to the
city council:
(1) A statement of facts presented to the hearing examiner that supports his or her
recommendation, including any conditions and restrictions that are recommended.
(2) A statement of the hearing examiner's conclusions based on those facts.
(3) A statement of criteria used by the hearing examiner in making the recommendation.
(4) The date of issuance of the recommendation.
(f) Distribution of written recommendation. The director of community development services shall
distribute copies of the recommendation of the hearing examiner as follows:
(I) Within two working days after the hearing examiner's written recommendation is issued, a
copy will be sent to the applicant, each person who submitted written or oral testimony to the hearing
examiner, and each person who specifically requested it.
(2) Prior to the public meeting where city council considers the hearing examiner's
recommendation, a copy will be sent to each member of the city council. The director of community
development services shall include a draft resolution that embodies the hearing examiner's
recommendation with a copy of the recommendation. (Ord. No. 97-291, S 3, 4-1-97)
20-127 City council review, action.
(a) Generally. Following receipt of the final report and recommendations of the hearing examiner, a
date shall be set for a public meeting before the city council.
(b) Scope 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
Exhibit 1, FWCC Chapter 20, "Subdivisions"
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not contained in the record of hearing before the hearing examiner, but only if that evidence or
information: (i) relates to the validity of the hearing examiner's decision at the time it was made and the
party offering the new evidence did not know and was under no duty to discover or could not reasonably
have discovered the evidence until after the hearing examiner's decision; or (ii) the hearing examiner
improperly excluded or omitted the evidence from the record. If the city council concludes, based on a
challenge to the hearing examiner recommendation or to its own review of the recommendation, that the
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, S
1(16.110.10 - 16.110.50),2-27-90; Ord. No. 97-291, S 3,4-1-97)
20-128 Notice of decision on preliminary plat application.
(a) General. Following the preliminary decision by the city council, the director of community
development services shall prepare a notice of the city council's decision on the preliminary plat
application.
(b) Distribution. Within 10 working days after the city council's decision is made, the director of
community development services shall distribute a copy of the notice of the final decision as follows:
(1) A copy will be sent to the applicant.
(2) A copy will be sent to any person who submitted written or oral comments to the hearing
exammer.
(3) A copy will be sent to each person who has specifically requested it.
(c) Contents. The director of community development services shall include in the notice of the final
decision the following:
(1) A statement of any threshold determination made under the State Environmental Policy Act,
Chapter 43.21C RCW.
(2) A statement that affected property owners may request a change in valuation for property tax
purposes notwithstanding any program of revaluation. (Ord. No. 97-291, S 3,4-1-97)
20-129 Effect of decision.
(a) 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
Exhibit 1, FWCC Chapter 20, "Subdivisions"
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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.
. (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
extensi~n. (Ord. No. 90-41, S 1(16.120.10 -16.120.50), 2-27-90; Ord. No. 97-291, S 3, 4-1-97)
Division =I- 10. Final Plat
20-132 Submission.
(a) ~~pile 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, S 1(16.380.10 -16.380.30),2-27-90; Ord. No. 97-291, S 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.
Exhibit '1, FWCC Chapter 20, "Subdivisions"
@2004 Code Publishing Co.
Page 33 of 52
I:IDOCUMEN1\Small Lot AmendmentslExhibitl Subdivision[sf).doc
(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 cours~s 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 of RCW 58.17.240 and by the department of public works.
(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.
Exhibit 1, FWCC Chapter 20, "Subdivisions"
@2004 Code Publishing Co.
Page 34 of 52
1:IDOCUMEN1\Small Lot AmendmentslExhibit I Subdivision[sf).doc
(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
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, S 3,4-1-97)
20-134 Time limitation for approval or disapproval of final plats.
Final plats shall be approved, disapproved, or returned to the applicant within 30 days from the date
of filing a complete application unless the applicant consents to an extension of such time period. (Ord.
No. 97-291, S 3, 4-1-97)
20-135 Improvements - Completion or guarantee.
(a) Prior to approval ofthe 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.
Exhibit 1, FWCC Chapter 20, "Subdivisions"
@2004 Code Publishing Co.
Page 35 of 52
1:IDOCUMEN1\Small Lot AmendmentslExhibit I Subdivision[sf).doc
(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 cjty attorney and in an amount to
be determined by the director of public works guaranteeing the repair or replacement of any improvement
or any landscaping which proves defective or fails to survive within a minimum two-year time period
after final acceptance of the improvements or landscaping. Said maintenance bond shall be no less than
30 percent of the estimated cost of all improvements. (Ord. No. 90-41, S 1(16.400.10 - 16.400.30),2-27-90;
Ord. No. 97-291, S 3,4-1-97) .
20-136 Approval and filing.
(a) Following approval of the construction of required improvements, and/or appropriate bonding
pursuant to this section, the director of community development services shall forward the final plat to the
city council for approval.
(b) The city council, in a public meeting, shall make written findings that the final plat is in
substantial conformance to the preliminary plat and is in conformity with applicable zoning ordinances or
other land use controls; that all conditions of the hearing examiner and/or city council have been satisfied;
that the public use and interest shall be served by the establishment of the subdivision and dedication by
determining if appropriate provisions are made for, but not limited to, the public health, safety, general
welfare, open spaces, drainageways, streets and roads, alleys, other public ways, transit stops, potable
water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and shall
consider all other relevant facts, including sidewalks and other planning features that assure safe walking
conditions for students who 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 ofland to any public body,
provision of public improvements to serve the subdivision, and/or impact fees imposed under RCW
82.02.050 through 82.02.090 may be required as a condition of subdivision approval. Dedications shall be
clearly shown on the final plat.
(c) The approved and signed final plat, together with all legal instruments pertaining thereto as
required herein, shall be recorded in the county department of elections and records by the city. One
reproducible copy shall be furnished to the city. One paper copy shall be filed with the county assessor.
All fees for such recording shall be paid by the applicant. A copy of the documents stamped with the
recording number shall be forwarded to the county department of assessments for assessment purposes.
Final plats shall be recorded consistent with Chapter 58.09 RCW.
(d) Any lots within a final plat filed for record shall be a valid land use notwithstanding any change in
zoning laws for a period of five years from the date of filing. A subdivision shall be governed by the
terms of approval of the final plat, and the statutes, ordinances, and regulations in effect at the time of
approval for a period of five years after final plat approval, unless the legislative body finds that a change
in conditions creates a serious threat to the public health or safety in the subdivision. (Ord. No. 90-41, S
1(16.410.10-16.410.30),2-27-90; Ord. No. 97-291, S 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;
Exhibit 1, FWCC Chapter 20, "Subdivisions"
@2004 Code Publishing Co.
Page 36 of 52
1:IDOCUMEN1\Small Lot AmendmentslExhibit I Subdivision[sf).doc
(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 8.10. 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 defiRed in FV/CC 20 111, 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
1 or more Collector Arterial
2 or more Residential Collector
3 or more Neighborhood Access
3 or more Cul-de-Sac
(2) The change will result in any loss of open space area or buffering provided in the plat; or
(3) The city determines that the change will result in or increase any adverse impacts or
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, S 1, 11-9-93; Ord. No. 97-291, S 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 ~ 20-111. (Ord. No. 93-191, S 1, 11-9-93; Ord. No. 97-291, S 3,4-1-97)
Exhibit 1, FWCC Chapter 20, "Subdivisions"
@2004 Code Publishing Co.
Page 37 of 52
1:IDOCUMEN1\SmalI Lot AmendmentslExhibit I Subdivision[sf).doc
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, S 1, 11-9-93; Ord. No. 97-291, S 3, 4-1-97)
20-143 Process for review and notice of public hearing.
(a) Upon confirmation by the director of community development services that the plat alteration
application is complete and that all pertinent requirements to the environmental policy, FWCC 18-26 et
seq., have been fulfilled, the application shall be processed and reviewed following the procedures
defined in FWCC 20-110 et seq.
(b) Notice of the hearing shall be mailed to the appropriate city or county officials if theff--proposed
plat alteration lies within one mile of the adjoining city or county boundary, and to all agencies or private
companies pursuant to FWCC 20-142(a). Additionally, notice shall be mailed to the State Department of
Transportation if the plat proposed to be altered abuts a state highway.
(c) All notices required in this section shall clearly describe in layperson's terms the nature of the
request, the location of the proposal, the date, time and location of the hearing, and address and telephone
number where additional information may be obtained relative to the application. (Ord. No. 93-191, S 1, 11-
9-93; Ord. No. 97-291, S 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.
Exhibit 1, FWCC Chapter 20, "Subdivisions"
@2004 Code Publishing Co.
Page 38 of 52
I :IDOCUMEN1\Small Lot AmendmentslExhibit I Subdivision[sf).doc
(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
extinguished or altered without the approval of the easement owner or owners, unless the subdivision or
other document creating the dedicated easement provides for an alternative method or methods to
extinguish or alter the easement. (Ord. No. 93-191, S 1,11-9-93; Ord. No. 97-291, S 3,4-1-97)
20-145 City council review, action.
City council review of hearing examiner recommendations on applications for plat alterations shall be
limited to the record of the hearing examiner, oral comments received at the public meeting (so long as
such comments do not raise new issues or information not contained in the examiner's record) and the
hearing examiner's report. (Ord. No. 93-191, S 1,11-9-93; Ord. No. 97-291, S 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.
Exhibit 1, FWCC Chapter 20, "Subdivisions" @2004 Code Publishing Co.
Page 39 of 52
I:IDOCUMEN1\Small Lot AmendmentslExhibit I Subdivision[sf).doc
(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 20-143fb1.
(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, S 1, 11-9-93; Ord. No. 97-291, S 3, 4-1-97)
20-147 Final drawings.
After approval of the alteration and satisfaction of all approval necessary per FWCC 20 116(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 COurlty auditor to become the lawful plat of the property. (Ord. No. 93-191, S 1, 11-9-93; Ord. No. 97-291,
S 3, 4-1-97)
Division 9.11. Vacation of Subdivisions
20-148 Plat vacation application.
When any person is interested in the vacation of any subdivision that person shall submit an
application to request the vacation to the city.
(1) Signatories. The application shall contain the signatures of the majority of those persons
having an ownership interest of lots, tracts, parcels, sites or division in the subject subdivision or a portion
to be vacated. If the 'subdivision is subject to restrictive covenants which were filed at the time of
approval of the subdivision, and the application for alteration would result in the violation of a covenant,
the application shall contain an agreement signed by all parties subject to the covenants providing that the
parties agree to terminate or alter the relevant covenants to accomplish the purpose of the vacation of the
subdivision or portion thereof.
(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.
Exhibit 1, FWCC Chapter 20, "Subdivisions"
@2004 Code Publishing Co.
Page 40 of 52
I:IDOCUMEN1\Small Lot AmendmentslExhibit I Subdivision[sf).doc
(b) An application for plat vacation shall not be accepted for filing for the purpose of official
processing until the director of community development services determines that the applicant has paid all
fees and submitted all documents and information as required herein to permit a full public hearing on the
merits of the application. (Ord. No. 98-309, 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 IV Review - Hearing Examiner's Decision. (Ord. No. 98-309, S 3,
1-6-98)
20-148.8 City council review, action.
City council review of hearing examiner recommendations on applications for plat alterations shall be
limited to the record of the hearing examiner, oral comments received at the public meeting (so long as
such comments do not raise new issues or information not contained in the examiner's record) and the
hearing examiner's report. (Ord. No. 98-309, S 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.
~~SmIllot detachedsuImfviti6ftJ
20-155 Open space and recreation.
20-156 Pedestrian and bicycle access.
20-157 View considerations.
20-158 - 20-175 Reserved.
Page 41 of 52
I :IDOCUMEN1\Small Lot AmendmentslExhibit I Subdivision[ sf).doc
Exhibit 1, FWCC Chapter 20, "Subdivisions"
@2004 Code Publishing Co.
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, S 1(16.210.10 - 16.210.60), 2-27-90;
Ord. No. 97-291, S 3,4-1-97; Ord. No. 98-330, S 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 &xcept up to four lots in a effisteF
subdivision, and UP to 10 lots in a zero lot line townhouse, SIl1C1.1Elota~~pl:1!d5I~yel()1fIl1~!l:!i or cottage
housing development may be accessed by a private tract or by an alley. all lots should abut a public 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, S 1(16.220.10 -
16.220.40),2-27-90; Ord. No. 97-291, S 3,4-1-97; Ord. No. 98-330, S 3, 12-15-98)
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, pro'lided the total number of lots created does not e~weed the nl:lmber which ",auld be
permitted in a conventional subdivision on a site of the same total area, after reservation of required open
~ as allowed in FWCC 20-154 . The tetal maximum number of lots permitted will be calculated by
subtracting the required 15 percent 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. Chapter 22,
Section 22-6X 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
Exhibit 1, FWCC Chapter 20, "Subdivisions"
@2004 Code Publishing Co.
Page 42 of 52
1:\DOCUMEN1\SmaJl Lot Amendments\Exhibit I Subdivision[sf].doc
compatibility with housing on adjacent properties through lot size and design; promote affordable
housing; promote reduction of impervious surface; a~d promote usable open space.
(b) Standards.
(1) The gross land area available for cluster subdivisions must be a minimum of two acres.
(2) Lots created in a cluster subdivision may be reduced in size below the minimum required in
Chapter 22 FWCC, up to one-half of the size of the underlying zoning requirement, but in no case smaller
than 5,000 square feet, per lot; provided, that minimum setback requirements are met. This provision
cannot be used together with FWCC 22-976(d)(1) (affordable housing bonus).
(3) When the cluster subdivision abuts an established single-family 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.
(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)
Exhibit 1, FWCC Chapter 20, "Subdivisions"
@2004 Code Publishing Co.
Page 43 of 52
1:IDOCUMEN1\Small Lot AmendmentslExhibit I Subdivision[sf).doc
~lopeJ~\~~ea~;::u~:~~~i~e~€=:::~o~~~J~~~X~q~~~c:!~~~~49~~lpp~~(?fJ?p~!~~p!t<?!gt'~~~~17J
.m ~ .' .mm ....mm.. .
f2)Ooen space.!
_m . ma. Open space createcf'thfough sm~n lot detached. subdivisions shall be protected from fMthen
gu15~ivisiOIi or development by covenants filed and recorded with the. final plat of the. subdivisionrmm mm mm. m m
m ... mm ..' . .....~. All usable open space must be readily identifiable. with thedev~lopment and"'easily,
~ccessiJ)'I~15'" the residents. U ace should be the central focus and an ameni for the . ,to' ect.1m
.. ....................~ .... " ... . . ."'!
3 'sions can be constructed with zero-lot lines under the followin .
conQitiolts: . mm .... .m .... .m.m m m mm
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.
Exhibit 1, FWCC Chapter 20, "Subdivisions"
@2004 Code Publishing Co.
Page 44 of 52
1:IDOCUMEN1\Small Lot AmendmentslExhibit I Subdivision[sf).doc
(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, sfilalr~lot detac!}el:l
~])(ltyj~i()iisJ 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-:- There are no open space 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 subdi'l1sions ereated
ooder FWCC 20 151, Except for cluster subdivisions, cottage housing, ~l~d~"Cl1~,[ub.(liyi~i<rt1~l
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 f-ee in lieu of open space shall be calculated on 15 pereent of the most recoot assessed value of the
property. In the absence of an assessment, the market value shall be based on an appraisal eendueted by a
M:\I eertified appraiser or another prefessional iiflpraiser appreved by the parks director 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. .^.na except 4Eor lots
within an existing subdivision, where open space was already dedicated or a fee-in-lieu paid, the percent
of open space required will be the difference between the open space dedicated prior and 15 percent. Any
fees collected shall be utilized within the park comprehensive plan planning area that the subject property
falls within, unless the applicant by voluntary agreement directs the expenditures of such fees in a
different planning area.
(c) Any combination of open space types may be used to accomplish the total area required to be
reserved as follows:
Open Space Catef!ory % 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 of local 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.
Exhibit 1, FWCC Chapter 20, "Subdivisions"
@2004 Code Publishing Co.
Page 45 of 52
1:IDOCUMEN1\Small Lot AmendmentslExhibit I Subdivision[sf).doc
(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)
20-157 View considerations.
(a) Design of new subdivisions adjacent to existing development should assess the potential blockage
of s:xisting 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.
Exhibit 1, FWCC Chapter 20, "Subdivisions"
@2004 Code Publishing Co.
Page 46 of 52
I:IDOCUMEN1\Small Lot AmendmentslExhibitl Subdivision[sf).doc
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 TYfle 2 when adjacent to nonresidential or nOl'iagrie\::lltural uses;
(2) Buffer Type 3 when adjacent te mt:lltifamily or pref-essiclRal office \::lses;
(3) Buff-er Type 3 when the density of the proposed subdivisioR exceeds the allovled density of
adjaeent platted, single family properties.
(b) Existing mature vegetation shall be retained for buffering purposes as provided iR FWCC 22 1573
regarding use of significant Ratural vegetation.
(ej ilil 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.
Pprivate tracts may be used for to four lots in sflet:t subdivisions~ and cluster subdi'lisions~ and UP to 10
lots in a zero lot line townhouse and cotta e housin develo ment; using
cross-section type "Y" as described in FWCC 22-1528. Alleys may be used in zero lot line townhouse
developmen~~mly(jt'""d~~~C1sliE;'C1iYi~i():t1~J 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.
Exhibit 1, FWCC Chapter 20, "Subdivisions"
@2004 Code Publishing Co.
Page 47 of 52
I:IDOCUMENTlSmall Lot AmendmentslExhibit lSubdivision[sf).doc
(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 ZER-LOT LINE ~
SNl,AI0J0"'lJOT1DlSTACHEIJ DEVELOPMENT. .~---"
l>........;...._m...~.._..m__....m.._;.~m~..:._..;;w.._._.__.__.._.:::!
(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, 9 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. !S:fiil:lll!lQr"de~ct.rea"Sli1."(livisiOii1 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, ~mall "lOt~itacneasub1ii,,~om 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, 9 3, 4-
1-97; Ord. No. 98-330, S 3, 12-15-98)
20-182 Sewage disposal.
(a) Wherever feasible, all lots in subdivisions~ afld short subdivisions. cottage housing, '8"ftl<l.lr?1~
f1~~cn~d"'SUb]'iYisi~ 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 or plan of cottage housing, ~16t"~~t~C1'lf:cl'~~l)(liYisiOii~ 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, S 1(16.320.10 - 16.320.30), 2-27-90; Ord. No. 97-291, S
3,4-1-97; Ord. No. 98-330, S 3, 12-15-98)
20-183 Storm drainage.
(a) All subdivisions~ afld 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~ afld 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~ eF short plat, cottage housing, or plan of the zero-lot line townhouse development. (Ord. No. 90-41, S
1(16.330),2-27-90; Ord. No. 97-291, S 3, 4-1-97; Ord. No. 98-330, S 3,12-15-98)
Exhibit 1, FWCC Chapter 20, "Subdivisions"
@20Q4 Code Publishing Co.
Page 48 of 52
1:IDOCUMEN1\Small Lot AmendmentslExhibit I Subdivision[sf).doc
20-184 Other utilities.
(a) All lots in subdivisions, ana 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, ef short plat. or plan of the zero-lot line
townhouse development. (Ord. No. 90-41, S 1(16.340.10,16.340.20),2-27-90; Ord. No. 97-291, S 3,4-1-97; Ord.
No. 98-330, S 3, 12-15-98)
20-185 Street lighting.
(a) All subdivisions, ana 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, S 3,4-1-97; Ord. No. 98-330, S 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, ef 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
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, aad-short plats. cottage
housing, ~ii1a1l1orCl.~~~li~t~ut)1:liYlc~<>.J.11 or zero-lot line townhouse developments at:
(1) All controlling corners on the boundaries of the subdivision, ef short subdivision. cottage
housing, S:-m"1lIl'lot aeUfehed'SUb'diVisiom or zero-lot line townhouse development;
(2) The intersection of centerlines of roads within the subdivision, ef short subdivision, cottage
housing, ~n1.alrI()Va~ta:Sl:1~ds);l;15(liyi~i<>.J.11 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 i~ches 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, ~1()1:IT(l~tll()~~WCliyisi()JlJ 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, S 3,4-1-97)
20-188 - 20-205 Reserved.
Exhibit 1, FWCC Chapter 20, "Subdivisions"
@2004 Code Publishing Co.
Page 49 of 52
I :IDOCUMEN1\Small Lot AmendmentslExhibill Subdivision[ sf).doc
Article V.
PUBLIC IMPROVEMENT ASSESSMENTS
Sections:
20-206 Purpose.
20-207 Authorization.
20-208 Contents of application.
20-209 Notice to property owners.
20-210 City council action.
20-211 Preliminary assessment reimbursement area - Amendments.
20-212 Contract execution and recording.
20-213 Application fees.
20-214 City financing of improvement projects.
20-206 Purpose.
This article is intended to implement and thereby make available to the public the provisions ofRCW
35.72.010 et seq., by allowing the city to contract with the owners of real estate for the construction or
improvement of street projects which the owners elect to install as a result of ordinances requiring such
projects as a prerequisite to further property development, and allowing the partial reimbursement to the
owner by other property owners benefiting from such improvements in certain instances. (Ord. No. 90-22,
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
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, S 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 of the street project in relation to the parcels of property in such area;
(4) A proposed assessment reimbursement roll stating the proposed assessment for each separate
parcel of property within the proposed assessment reimbursement area as determined by apportioning the
total project cost on the basis of the benefit 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, S 3, 1-30-90; Ord. No. 97-291, S
3,4-1-97)
Page 50 of 52
I:IDOCUMEN1\Small Lot AmendmentslExhibit I Subdivision[sf).doc
Exhibit 1, FWCC Chapter 20, "Subdivisions"
@2004 Code Publishing Co.
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 c.ertain 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
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, S 5,1-30-90; Ord. No. 97-291, S 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, S 6, 1-30-90;
Ord. No. 97-291, S 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, S 7, 1-30-90; Ord. No. 97-291, S 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
Exhibit 1, FWCC Chapter 20, "Subdivisions"
@2004 Code Publishing Co.
Page 51 of 52
I :IDOCUMEN1\Small Lot AmendmentslExhibit I Subdivision[ sf).doc
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, S 8, 1-30-90; Ord. No. 97-291, S 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, S 9,1-30-90; Ord. No. 97-291, S 3,4-1-97)
Exhibit 1, FWCC Chapter 20, "Subdivisions"
@2004 Code Publishing Co.
Page 52 of 52
I:IDOCUMEN1\Small Lot AmendmentslExhibit I Subdivision(sf).doc
Exhibit 2
Proposed Revisions to FWCC 22-1, "Definitions":
The following definitions are recommended to be added1:
(4) Dwelling unit. small lot detached, means detached residential dwelling units
developed on multifamily-zoned property. Each unit is located on its own fee-simple
lot. One of the dwelling uhit's sides may rest on a lot line (zero lot line) when certain
site development conditions are met.
Zero lot line means the location of a building in such a manner that one or more
of the building's sides rest directly on a lot line.
I The first definition is recommended to be added to the definition of "Dwelling unit."
Exhibit 2
Add to FWCC 22-1, "Definitions"
Page 1 of 1
I:IDOCUMEN1\Small Lot AmendmentslExhibit 2 small lot def.doc
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Exhibit 4
Federal Way City Code
Chapter 22. Zoning.
Article XVll. 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 and 'Srfia:llJ()f''';<i~~
~[vel(}Q~. which shall be required to provide Type 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 requirement.
(2) Type II landscaping 20 feet in width shall be provided along the common boundary
abutting single-family zoning districts. except for zero lot line townhouse and ~~IFI()(~~~.~di
development.
(3) Type III landscaping 10 feet in width shall be provided along all perimeter lot lines,
except as noted in subsections (c)(I) 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)(1) and (d)(2) of this section.
(e) Neighborhood Business, BN.
(1) Type III landscaping five feet in width shall be provided along all properties abutting
public rights-of-way and ingress/egress easements.
(2) Type I landscaping 15 feet in width shall be provided along the perimeter of property
abutting a residential zoning district.
(3) Type III landscaping five feet in width along all perimeter lot lines except as noted in
subsections (e)(I) and (e)(2) ofthis section.
(f) Community Business, Be.
(1) Type III landscaping five feet in width shall be provided along all properties abutting
public rights-of-way and ingress/egress easements.
(2) Type I landscaping 15 feet in width shall be provided along the perimeter of property
abutting a residential zoning district.
Exhibit 4, FWCC 22-1566
@2004 Code Publishing Co.
Page 1 of2
1:IDOCUMEN1\Small Lot AmendmentslSFLandseing (Art(I).doc
(3) Type III landscaping five feet in width shall be provided along all perimeter lots lines
except as noted in subsections (f)(I) and (f)(2) of this section.
(g) City Center, CC.
(I) Type III landscaping five feet in width shall be provided along the perimeter of
parking areas abutting public rights-of-way.
(2) Type I landscaping 15 feet in width shall be provided along the perimeter of property
abutting a residential zoning district.
(3) Type III landscaping five feet in width shall be provided along all perimeter lot lines
except as noted in subsections (g)(1) and (g)(2) of this section, except that landscaping is not
required along perimeter lot lines abutting rights-of-way, where no required yards apply pursuant
to Article XI, Division 8.
(h) Office Park, OP; and Corporate Park, CP-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)(1) and (h)(2) of this subsection.
(i) Manufacturing Park, MP.
(1) Type II landscaping 10 feet in width shall be provided along all property lines
abutting public rights-of-way and access easements.
(2) Type I landscaping 25 feet in width shall be provided along the perimeter of the
property abutting a residential zoning district.
(3) Type II landscaping 10 feet in width shall be provided along the perimeter of the
property abutting a nonresidential zoning district, except MP zones.
(4) Type III landscaping five feet in width shall be provided along all perimeter lot lines
except as noted in subsections (i)(1), (i)(2), and (i)(3) of this section. (Ord. No. 93-170, S 4, 4-20-93;
Ord. No. 96-270, S 3(E), 7-2-96)
Exhibit 4, FWCC 22-1566
@2004 Code Publishing Co.
Page 2 of2
I:IDOCUMEN1\Small Lot AmendmentslSFLandseing (Art(I).doc
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